(A) Indemnification. No encroachment permit shall be issued until the permittee has executed and filed with the city an indemnity agreement satisfactory to the City Attorney. However, in the event that an encroachment permit is issued and the permittee has not executed and filed the indemnity agreement, the commencement of work thereunder shall be the permittee’s agreement to indemnify the city as further set forth herein. The permittee shall be responsible for and indemnify the city from all claims, demands, expenses, or liability including but not limited to personal injury and property damage arising out of or related to work performed by the permittee under the permit, arising out of the failure on the permittee’s part to perform work under the permit, and arising from or caused by the structures or encroachments placed in, on, or under the city’s right-of-way. If any claim of such liability is made against the city, its officers, or employees, the permittee shall defend, indemnify, and hold the city harmless from the claim, including claims alleging the negligence of the city, its officers, and employees.
(B) Insurance.
(1) No applicant shall be entitled to an encroachment permit unless he or she shall have filed and maintained on file with the city a certificate certifying that he or she and/or his or her company or business firm carried public liability and property damage insurance issued by an insurance carrier authorized to do business in the state, insuring the applicant and the city and its agents, against loss by reason of injuries to or death of persons, or damages to property arising out of or related to work performed by the applicant, its agents, or employees while performing any work under the permit. The insurance shall be primary and provide coverage for all liability assumed by the applicant under division (A) of this section, and shall be provided by the permittee in the following minimum amounts:
(a) One million dollars for death of, or injury to, any one person in any one accident;
(b) One million dollars for death of, or injuries to, more than one person in any one accident; and
(c) One million dollars for damages to property. The city may require higher insurance coverage when appropriate.
(2) Failure by the applicant to provide the city with such a certificate, and failure by the city to demand the filing by the permittee of such a certificate before such a permit is issued, shall not be deemed to waive the permittee’s obligation to provide the insurance. The insurance certificate shall remain in effect and be kept on file with the city until all work to be performed by the permittee under the permit has been completed. When an encroachment involves a permanent obstruction, the insurance certificate requirements shall remain in effect until the construction is removed. The insurance certificate shall provide that coverage cannot be canceled or expire without providing ten days’ written notice of the action to the city.
(C) Performance bonds or other financial security. The Department may require as a condition of issuing any encroachment permit, the applicant to post performance bonds or other approved financial security to ensure satisfactory completion of any work to be performed in, on, or under any public place, highway, or right-of-way and to ensure adequate maintenance of encroachments.
(D) Commencement of work. The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within 180 days from date of issuance, unless a different period is stated in the permit. If the work or use is not so begun, then the permit shall become void. The permittee shall complete the work or use authorized by the permit within the time specified in the permit. Where an encroachment involves a permanent installation or obstruction, conditions so specified in the permit, license, or other agreement with the city shall remain in effect until the construction or obstruction is removed.
(E) Term. All permits shall specify the time, not longer than one year, within which work or construction in the highway must be completed. Permits for continued use of the highway shall be issued for a specified period of time. All permits may be renewed or extended upon such terms as are consistent with the provisions of this chapter.
(F) Relocation. Any encroachment including but limited to pipes, conduit, wire, cable, appurtenances, or other structures or facilities installed or maintained in, on, or under any public place, right-of-way, or highway, shall be relocated, at the sole expense of the permittee, as may be necessary to facilitate a public purpose or any city project. The pavement restoration fee shall be waived by the Public Works Director for any relocation required by the city and is not an improvement for the owner of the facility. The relocations shall be under the same terms and conditions as the initial installation allowed pursuant to permit. The Department will not exercise the right to require the relocation in an unreasonable or arbitrary manner.
(G) Assignment. Encroachment permits shall be applied for by and issued to the person or company who will make use of the permit and not to the contractor who has been employed to construct the improvements, provided, however, all contractors and subcontractors who will be performing work in the highway shall be named and identified in the encroachment permit application. The rights granted by the permit shall not be assignable without the express prior written consent of the Department.
(H) Supplemental. The Department may require additional conditions for the issuance of a permit as are applicable and necessary to meet specific situations, for public safety, and to ensure compliance with this chapter and all other city, state, or federal regulations.
(I) Acceptance. Acceptance of any permit granted under the provisions of this chapter shall not become effective until written acceptance thereof shall have been filed by the permittee with the Department. By accepting this permit, the permittee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed by the city, and the permit.
(J) Conflict. In the event there is a conflict between the provisions of this chapter and the provisions contained in a franchise or license granted by the city to an applicant, the provisions of the franchise or license shall prevail.
(Prior Code, § 18-2-6)