(A) Surety bond.
(1) Before an excavation permit as herein provided is issued, the applicant shall deposit with the City Clerk a surety bond in the amount of $5,000 payable to the city. The required surety bond must be:
(a) With good and sufficient surety;
(b) By a surety company authorized to transact business in the state;
(c) Satisfactory to the City Attorney in form and substance;
(d) Conditioned upon the permittee's compliance with this subchapter and to secure and hold the city and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the city, the City Council or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore, and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the City Engineer, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done.
(2) Any settlement of the surface within said two-year period shall be deemed conclusive evidence of defective back-filling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the city if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his own sidewalk shall not be required to give such bond. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the city by reason of negligence or default of the permittee, upon the city's giving written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his surety. A bond may be given under this provision which shall remain in force for two years conditioned as above, in the amount specified above and in other respects as specified above, but applicable as to all excavation work in streets by the principal in such bond during the term of said bond.
('69 Code, § 18-38) (Ord. 0-74-3, passed 2-11-74; Am. Ord. 0-74-10, passed 4-22-74)
(B) Insurance.
(1) A permittee, prior to the commence-ment of excavation work hereunder, shall furnish the City Engineer satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $200,000 for each person and $500,000 for each occurrence and property damage insurance of not less than $100,000 for each occurrence covering himself and any sub-contractors and workmen's compensation insurance including occupational disease in amounts and coverages as required by the State of Illinois, including provisions for voluntary benefits as required in labor union agreements and including the “All States” endorsement and employer's liability insurance of not less than $100,000 for each accident, said policies to be duly issued by insurance companies authorized to do business in the State of Illinois.
(2) The permittee agrees to indemnify and hold harmless the city and its agents and employees from and against all claims, damages, losses, and expenses including attorney's fees arising out of or resulting from bodily injuries including death at any time resulting therefrom, accidently sustained by any person or persons or on account of damage to property arising out of or on account of or in consequence of the performance of the excavation work for which permits hereunder are issued, whether or not such injuries to persons or damage to property are due or claimed to be due to any negligence of the permittee, his employees, his agents, or servants. The permittee shall perform all work in accordance with all local, state and national codes and in full compliance with OSHA regulations. The permittee's insurance policies shall provide that at least 15 days prior notice of cancellation or termination of said insurance policies shall be given to the city, and that coverage is in full force and effect for common explosion, collapse, and underground damage and that the XCU exclusions of permittee's insurance policies have been removed. Permittee's insurance policies shall accept the terms and provisions of this subchapter and specifically those requiring 15 days' notice of termination or cancellation, removing the XCU exclusions, and the indemnification provisions of this subchapter.
('69 Code, § 18-67) (Ord. 0-74-10, passed 4-22-74) Penalty, see § 10.99