Excavation and Work in Public Streets; Application; Restoration; Damage Sample Clauses

Excavation and Work in Public Streets; Application; Restoration; Damage. (1) Prior to the start of any permitted work under this Agreement, the PERMITTEE shall make application for a Right-of-Way Excavation and Restoration Permit. (2) PERMITTEE shall install the cable by directional boring. PERMITTEE may excavate or disturb pavement, curb, gutters, sidewalks, driveways, or other surfacing in or on any street, right-of-way, or public place as necessary for directional boring. Manholes and handholes shall not be visible in residential areas unless approved by the Director of Public Works who may require a route change. If authorized in writing by the Director of Public Works, sidewalks may be excavated for the placement of manholes and handholes. (3) Excavations or borings made by PERMITTEE under the Public Rights-of-Way or public places of the CITY, pursuant to this Agreement, shall be made in compliance with the ordinances and regulations of the CITY in effect at the time of such excavation. (4) Prior to any excavation in or boring under the Public Rights-of-Way of the CITY, PERMITTEE shall comply with Underground Utility Safety and Damage Prevention Act, Article 8A of Chapter 87 of the NCGS. (5) In situations deemed by the PERMITTEE to constitute an emergency involving a danger to the public health, safety and welfare, PERMITTEE shall notify the Director of Public Works of the nature and the location and of the potential hazard. (6) During the installation, repair or removal of PERMITTEE’s Facilities in or on any Public Right of Way or public place, PERMITTEE agrees to provide at all times proper signs, signal lights, flagmen, barricades, and other warning devices for the protection of pedestrian and vehicular traffic in conformance with the approved Traffic Control Plan and MUTCD. (7) PERMITTEE shall exercise due care in the operation, installation, alteration, repair or removal of its Facilities. If any utility or property of the CITY or GUC, real or personal, is damaged, or destroyed as a result of either the negligent or intentional acts of PERMITTEE, its employees, agents or persons operating under its direction, supervision or control, PERMITTEE shall be liable to the CITY for such actual out -of -pocket damages, including but not limited to the cost to repair or replace the utility or property. (8) Immediately after PERMITTEE installs or repairs its Facilities, PERMITTEE shall refill any excavations according to the technical specifications of the CITY. PERMITTEE shall restore and replace landscaping destroyed, disturbe...
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Related to Excavation and Work in Public Streets; Application; Restoration; Damage

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