No person shall dig, excavate, or in any manner disturb any street, parking or alley except in accordance with the following:
1. Right-of-Way Permit Required. No excavation shall be commenced without first obtaining a right-of-way permit. A written application for such permit shall be filed with the City and shall contain the following:
A. An exact description of the property, by lot and street number, in front of or along which it is desired to excavate.
B. A statement of the purpose, for whom and by whom the excavation is to be made.
C. The person responsible for the refilling of said excavation and restoration of the street or alley surface.
D. Date of commencement of the work and estimated completion date.
E. Detailed lane restrictions, road closures, and required detours.
2. Winter Excavations. It is unlawful to make any excavation in any street or highway within six feet of the existing water pipe while the ground is frozen, or to dig up or uncover so as to expose to frost any water pipe without the special permission in writing of the Water Superintendent or the City Engineer.
3. Public Convenience. Streets and alleys shall be opened in the manner that will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.
4. Traffic Control:
A. Applicant shall be responsible for all traffic control safety measures required for work in the right-of-way in accordance with the applicable Engineering Standards as adopted by resolution by the Hiawatha City Council in accordance with Hiawatha Code Section 165.58 and Traffic Control Laws for the State of Iowa.
B. For work that includes a right-of-way closure the applicant shall also:
(1) Apply for the permit at least one week prior to the anticipated closure. Application for the permit is not considered the notification to Community Development.
(2) Notify Community Development of the dates of road closure at least one week before road closure.
(3) Notify adjacent property owners and residences three days in advance of the closure.
(4) Install all necessary traffic detour and warning signage three days in advance of the work. Signs shall be installed in accordance with the applicable Metro Standards.
(5) Remove all traffic signage when the right-of-way is reopened.
(Ord. 921 - Feb. 19 Supp.)
5. Barricades, Fencing and Lighting. Adequate barricades, fencing and warning lights meeting standards specified by the City shall be so placed as to protect the public from hazard. Any costs incurred by the City in providing or maintaining adequate barricades, fencing or warning lights shall be paid to the City by the permit holder/property owner.
6. Surety Bond. Before an excavation permit is issued pursuant to this chapter, each applicant, except public utility companies, shall deposit with the Clerk a surety bond in the amount of $10,000.00 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 in form and substance to the City Attorney.
D. Conditioned upon the permittee’s compliance with this chapter and to secure and hold the City and its officers harmless against any and all claims, judgements, attorney fees and costs, or other costs arising from the excavation and other work covered by the excavation permit or for which the City, the 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 maintain any street where excavation is made in as good condition for the period of four years after said work shall have been done, usual wear and tear excepted, as it was in before the work shall have been done.
Any settlement of the surface within said four-year period shall be deemed prima facie evidence of defective backfilling by the permittee. Nothing in this chapter 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 or her 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 the negligence or default of the permittee, upon the City’s giving written notice to the permittee of such suit or claim, any final judgement against the City requiring it to pay for such damage shall be conclusive upon the permittee and the permittee’s surety. An annual bond may be given under this provision which shall remain in force for one year 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 one year from the date.
7. Insurance Required. Each applicant shall also file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the permit covering the applicant and all agents and employees for the following minimum amounts:
A. Bodily Injury - no less than $1,000,000.00
B. Property Damage - no less than $1,000,000.00
8. Restoration of Public Property. Streets, sidewalks, alleys and other public property disturbed in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the City, at the expense of the permit holder/property owner.
9. Inspection. All work shall be subject to inspection by the City. Backfill shall not be deemed completed, and no resurfacing of any improved street or alley surface shall begin, until such backfill is inspected and approved by the City. The permit holder/property owner shall provide the City with notice at least 24 hours prior to the time when inspection of backfill is desired.
10. Completion by the City. Should any excavation in any street or alley be discontinued or left open and unfinished for a period of 24 hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses for such work to the permit holder/property owner.
11. Settlement and Seeding. The permit holder shall be responsible for maintenance of any excavation, backfill or seeding for a period of four years after the completion of the permanent restoration. If at any time within such four years, the excavation or backfill settles, or seeding does not take, as a result of the work performed, the permit holder shall remedy the issue at the permit holder’s expense. After written notice, if the permit holder fails to remedy the issue, the City may perform the necessary work and assess all costs associated with the work to the permit holder.
12. Responsibility for Costs. All costs and expenses incident to the excavation shall be borne by the permit holder and/or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.
13. Notification. At least 48 hours prior to the commencement of the excavation, excluding Saturdays, Sundays and legal holidays, the person performing the excavation shall contact the Statewide Notification Center and provide the center with the information required under Section 480.4 of the Code of Iowa.
14. Right-of-Way Permit Fee. A permit fee set by Council resolution shall be payable at the time of filing the application with the City. A separate permit shall be required for each excavation.
15. Permit Issued. Upon approval of the application, filing of bond and insurance certificate, and payment of any required fees, a permit shall be issued.
16. Quality Regulation. All persons or entities installing, constructing, performing maintenance, reconstructing or repairing any utility lines or associated structures pursuant to a City issued permit agree to perform the work in compliance with all Federal and State laws, all Hiawatha City codes, specification, and ordinances, and the Engineering Standards adopted by resolution by the Hiawatha City Council in accordance with Hiawatha Code Section 165.58.