(A) No person may be issued an excavation permit until the following requirements are completed:
(1) Evidence must be presented that insurance requirements have been met in accordance with § 6-5-2-6, except for city agencies.
(2) A bond in the amount of $10,000 specifically designed and designated by the City of Albuquerque for the type of work applicant is performing must be posted by the applicant, except for city agencies and city franchised utilities. This bond will be to insure satisfactory completion of all phases of the work, payment of all costs by city agencies performing work for the applicant in case of default, and to insure completion of corrective work under the one year warranty provision of §§ 6-5-2-1 et seq. Separate bonds, in addition to excavation bonds, are required for concrete work and for water line tapping.
(3) Persons employed by the permit applicant, and who will be responsible for work in compliance with §§ 6-5-2-1 et seq., must be appropriately licensed by the New Mexico State Construction Industries Division for the work.
(4) The applicant must certify in writing that he has read and understands the contents of §§ 6-5-2-1 et seq.
(5) The applicant must agree to the following:
(a) Complete all work required by §§ 6-5-2-1 et seq., and all other city ordinances, rules, policies, regulations, and construction standards and specifications pertaining to work in the city right of way, covered by the permit.
(b) Complete any specific item within five days after written notice is given by the city to do so.
(c) Should it not be completed within this period, the city will complete the work and bill the applicant at actual costs incurred for such work.
(d) To repair or correct incomplete work or defective materials and workmanship which occur within a period of one year from the acceptance date by the city of such work.
(6) A permit fee bond in the amount of $15,000 must be posted by the applicant, except for city agencies. A permit fee bond shall not be required for permits paid in advance.
(B) The requirements outlined above must be kept current. The above requirements will be reviewed periodically and no permits will be issued when requirements are not current. The qualification remains valid for as long as bonds and insurance remain current or as otherwise provided for herein, including § 6-5-2-3(C).
(C) If a contractor fails to abide by §§ 6-5-2-1 et seq., or the rules and policies of the City of Albuquerque, the qualification can be forfeited by the City of Albuquerque up to one year. Qualification forfeiture must be made in writing by the City of Albuquerque to the applicant by certified mail. The Mayor shall establish rules and policies for determining qualification forfeiture.
(D) Any person attempting to obtain a permit must be an authorized agent of the applicant. Applicant shall provide contact name to city for verification of permit authorization, if requested. Subcontractors are not allowed to obtain permits in the name of the prime contractor.
(E) In the event an applicant fails to comply with the requirements of this section, the Mayor may cause notice to be given, conduct a hearing, refuse to permit such applicant to thereafter engage in trenching or excavation work in any public place. The Mayor is authorized and empowered after a hearing to suspend, cancel or withdraw the qualifications for obtaining permits, and any current permits in accordance with §§ 6-5-2-1 et seq.
(Ord. 13-2005)