A. Permit Required: Any person controlling, directing or otherwise engaging in public right-of-way construction within the City of Fairfield shall first obtain a permit. For the purposes of this Section, "public right-of-way construction" shall mean any construction activity, including excavation, conducted within, upon, or into, any city street, alley, or sidewalk within the city limits.
1. Exceptions: Permits are not required for the following:
a. City employees engaged in performing work for the city.
b. State of Idaho employees engaged in performing work for the State.
c. Utility company employees engaged in repair and maintenance, provided the utility company possesses an active franchise agreement with the City of Fairfield.
d. Work contracted by the city or the state to replaces highway guard rails, posts, signposts, delineative posts, culverts, electric poles, telephone poles, traffic control signs or device supports, or other similar publicly owned fixtures, in the same approximate location and depth within a public right-of-way.
e. Emergency repairs of water or sewer lines if approved by the city's Director of Public Works.
2. All applications for a Public Right-of-Way Construction Permit shall provide such information as the City Council deems necessary to determine the applicant's capability to perform and complete work within any public right-of-way. Application forms shall also include a list of duties and responsibilities for public right-of-way contractors.
3. Permit applications shall be accompanied by payment of a permit fee in an amount set from time to time by Resolution of the Council. Neither the permit fee nor any portion thereof shall be refunded once a permit has been issued. No portion of the permit fee shall be prorated. Permits issued shall not be transferable.
4. Upon receipt of a fully completed application, the application shall be transmitted to the City Council for approval or rejection. City Council shall take action on a fully completed application within sixty (60) days of receipt by the council.
B. Acceptance of Permit: Any person accepting a Public Right-of-Way Construction Permit from the City of Fairfield shall agree to hold the City harmless from any and all liability on account of the installation, construction, maintenance, or operation of the facilities located under this permit.
C. Insurance, Bonding, and Licensing: Prior to the commencement of any work, persons granted a Right-of-Way Construction Permit shall obtain and provide proof of the following, and maintain the same throughout any Public Right-of-Way project:
1. Insurance:
a. Comprehensive general liability coverage in an amount not less than five hundred thousand dollars ($500,000) single limit liability for personal injury, death, and property damage.
b. Additional coverage shall be required for any work utilizing explosives or work that may endanger or cause the collapse of adjacent buildings or facilities. Such coverage shall be a minimum limit of five hundred thousand dollars ($500,000) single limit liability for personal injury, death, and property damage. This coverage may be carried on an individual "project" basis where the need for such coverage is applicable.
c. All required policies shall carry an endorsement naming the City as "additional insured." All policies shall contain a clause giving the City Engineer a minimum of thirty (30) days advance written notice in the event of anticipated cancellation of a policy or any coverage.
d. Contractors with employees shall cany statutory worker's compensation insurance with at least five hundred thousand dollars ($500,000) employer's liability per occurrence. A certificate of insurance evidencing such worker's compensation coverage shall be filed with the City.
2. Bonding:
a. All contractors shall execute and deposit with the City either a bond in favor of the City or an equal amount in cash to ensure proper and adequate performance of all work within a public right-of-way.
b. Bond amount shall be in an amount commensurate to the entirety of the proposed project costs.
c. Future liability under any bond furnished hereunder may be cancelled by giving the City thirty (30) days advance written notice of the intention to cancel. Cancellation shall not affect any liability which may have accrued under the terms of the bond prior to cancellation. Permits shall be subject to revocation whenever a bond is canceled unless a comparable bond is furnished at the time of cancellation of the original bond.
3. Licensing: Every contractor must possess an Idaho Public Works License commensurate to the value of the proposed project and adhere to all regulations stipulated therein.
D. Inspections: The city shall inspect all work conducted under a Right-of-Way Construction Permit to ensure it is completed in accordance with the permit, design, and applicable regulations. No sureties shall be released until Final Approval is received from the City Engineer.
E. Revocation of Permit: If at any time, the City determines the permit holder has violated any provision of the permit or fails to comply with any applicable regulations or permit conditions, the city may revoke the permit. (Ord. 300, 11-9-2023)