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A. Standards: The work performed in the public way shall conform to: 1) "City Of Holladay Road Cut Standards"; 2) other applicable engineering design and construction standards from time to time adopted by the department; and 3) the current edition of the "Manual On Uniform Traffic Control Devices".
B. Signage: Where a job site is left unattended, before completion of the work, signage with minimum two inch (2") high letters shall be attached to a barricade or otherwise posted at the site, indicating the permittee's name, or company name, local telephone number of a responsible party, and after hours local telephone number of a responsible party.
C. Minimum Interference; Barricades: All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the public way shall be minimized. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been backfilled and proper temporary gravel surface is in place, except where backfilling and resurfacing is to be done by the city; in which case the barricades, together with any necessary lights, flares or torches, must remain in place until the backfill work is actually commenced by the city. From sunset to sunrise, all barricades and excavations must be clearly outlined by adequate signal lights, torches, etc. The permittee shall notify: 1) the Salt Lake County sheriff (or other law enforcement services provider for the city); 2) the unified fire authority, and any other emergency services provider for the city at least twenty four (24) hours in advance of any planned excavation requiring street closure or traffic detour. (Ord. 08-18, 7-17-2008)
A. When City Permit Required: Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the city limits, shall not be required to obtain permits from the city under the provisions of this chapter, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary. Any city permit shall not be construed to permit or allow work on a county road or a state highway within the city without an applicable county or state permit.
B. Authority Of City Regulation: The department shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property. Notwithstanding the foregoing, nothing in this chapter shall be construed to impose any duty, implied or express, on the city or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property, arising out of the issuance of any permit issued by government entities other than the city, or arising out of any work performed on any public way owned or within the jurisdiction of the city. (Ord. 08-18, 7-17-2008)
A. Authority Of City: The department may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the department may require. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives.
B. Basis For Directive: Any directive by the department shall be based upon the following:
1. The facility or structure was installed, erected or is being maintained contrary to law, or determined by the department to be structurally unsound or defective;
2. The facility or structure constitutes a "nuisance", as defined under state statute or city ordinance. (This section shall not, however, be deemed to diminish the vehicle impound authority of the Salt Lake County sheriff or other law enforcement services provider for the city.);
3. The authority under which the facility or structure was installed has expired or has been revoked;
4. The facility or structure is not in conformity with public improvements proposed for the area; or
5. The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction.
C. Failure To Comply: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the department shall be guilty of a misdemeanor as described in section 1.08.020 of this code, and promptly shall perform such alterations, modifications or relocation. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved. (Ord. 08-18, 7-17-2008)
A. Temporary Sidewalk Or Ramp: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with applicable standards for such.
B. Temporary Gravel Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.
C. Disturbance Of Property:
1. At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the city, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.
2. The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee. Further, a permittee shall reimburse a property owner or the city, for any actual damage caused by the permittee, its subcontractor, or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.
D. Acts Included: Examples of types of acts specifically included in this section are the following:
1. Removal of sod, lawn, shrubbery, flowers, trees, driveways, or fence, to install, trench, repair, replace, remove or locate equipment, sprinkler systems, cable or other appurtenances of the permittee;
2. Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering, or the like on the part of the permittee;
3. Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance or repair by the permittee; or
4. Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable).
E. Water Flow Not Interrupted: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the department prior to the blockage of the channel.
F. Applicable To Subcontractors: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.
G. Exception: The requirements of this section shall not apply to the removal by a permittee of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the department granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the county recorder.
H. Newly Resurfaced And Reconstructed Roads: No permit shall be granted to excavate any road or highway that has been resurfaced or reconstructed within three (3) years prior to the date of the application for permit except in cases of emergency or as approved by the department upon such terms and conditions as the city engineer deems appropriate. The city shall make available upon request a schedule of the planned dates that roads in the city will be resurfaced.
I. Notification Of Emergency: Any permittee shall immediately notify the city of any emergency situations (including, without limitation, damages to pipes, lines or other underground apparatus of electrical, telephone, water or other utility service providers) caused by or resulting from such permittee's activities on a public way.
J. Markings: Any permittee marking the asphalt or concrete surfaces of any public way shall, subject to any applicable state law: 1) make such markings as unobtrusive as possible; and 2) use only paint or another marking material that disintegrates or otherwise is obliterated as soon as possible. (Ord. 08-18, 7-17-2008)
A. Required; Standards And Specifications: The permittee and any other person making any excavation or tunnel in or under any public way shall, at its own expense, restore the surface of any public way to its original condition and replace any removed or damaged pavement with the same type and depth of pavement as that which is abutting, including the gravel base material. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. All restoration shall conform to the engineering design and construction standards and specifications required in this chapter or otherwise adopted by the department and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the department. There shall be a penalty for each day after the time limits set forth in the permit that restoration is not accomplished. (Ord. 2015-02, 2-5-2015)
B. Responsibility Of Permittee: If, within the preceding three (3) years, the pavement to be excavated has been: 1) paved or repaved with asphalt, then the permittee shall be responsible for replacing the entire width of the excavated pavement from road edge to road edge and to a distance of six feet (6') from each side of the excavation with new asphalt to match the existing asphalt thickness plus one inch (1"), but in no case less than four inches (4") or more than six inches (6"); and slurry seal the entire width of the pavement surrounding the excavation from road edge to road edge and to a distance of twenty five feet (25') from each side of the excavation; or 2) resurfaced with slurry seal or chip seal, then, in addition to its other pavement restoration obligations under this chapter, the permittee shall be responsible for slurry sealing the entire width of the pavement surrounding the excavation from road edge to road edge and to a distance of twenty five feet (25') from each side of the excavation.
C. Suspension Of Operations: The director of the department has authority to suspend operations under excavation permits where, in his opinion based on standards from time to time adopted by the American Association Of State Highway And Transportation Officials (AASHTO), climatic changes would prevent proper restoration of pavement surfaces.
D. Failure To Comply: If the permittee fails to restore the surface of any public right of way to its original condition in accordance with the standards required in this chapter, the department may authorize and employ the necessary assistance to restore the surface to its original condition. The permittee promptly shall pay all expenses incurred to restore the surface. The department shall prepare an itemized statement of all expenses incurred in such restoration and shall deliver a copy thereof to the permittee and/or the bondholder.
E. Guarantee Term: All work by a permittee to restore the surface of any public right of way to its original condition shall be deemed guaranteed by the permittee for a period of two (2) years after such restoration is completed. If the city discovers defects in such restoration at any time within such guaranty period, then the city shall so notify the permittee and the permittee shall perform all necessary repairs within seven (7) business days after its receipt of such notice of defects from the city. If the permittee fails to so act, then the department may authorize and employ the necessary assistance to restore the surface to the required condition. The department shall prepare an itemized statement of all expenses incurred in such restoration and shall deliver a copy thereof to the permittee. The permittee promptly shall pay all expenses incurred by the city to restore the surface. (Ord. 08-18, 7-17-2008)
A. Evidence Required; Amounts: Before a permit is issued, the applicant shall furnish to the department evidence that such applicant has a comprehensive general liability and property damage policy that includes contractual liability coverage endorsed with the following limits and provisions:
1. A minimum of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage and not less than two million dollars ($2,000,000.00) in the aggregate. The general aggregate limit shall apply separately to the permit, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of broad form commercial general liability coverage. The city may increase or decrease minimum insurance limits, depending on the potential liability of any project.
2. All policies shall include the city, its employees, officers, officials, agents, volunteers and assigns, as insureds. Any reference to the "city" shall include the city, its employees, officers, officials, agents, volunteers and assigns.
3. The coverage shall be primary insurance as respects the city, its employees, officers, officials, agents, volunteers, and assigns. Any insurance or self-insurance maintained by the city, its employees, officers, officials, agents, volunteers, and assigns shall be in excess of the permittee's insurance and shall not contribute to or with it.
4. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the city, its employees, officers, officials, agents, volunteers, and assigns.
5. Coverage shall state that the permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. Underwriters shall have no right of recovery or subrogation against the city, it being the intent of the parties that the insurance policy so affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.
7. The insurance companies issuing the policy or policies shall have no recourse against the city for payment of any premiums due or for any assessments under any form of any policy.
8. Each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, sent to the city with a copy to the city attorney.
9. Each policy shall be endorsed to indemnify, save harmless and defend the city and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit work done by the permittee, his/her subcontractor or agent, whether or not the work has been completed and whether or not the right of way has been opened to public travel.
10. Each policy shall be endorsed to indemnify, hold harmless and defend the city and its officers and employees against any claim or loss, damage or expense sustained by any person occurring by reason of doing any work pursuant to the permit, including, but not limited to, falling objects or failure to maintain proper barricades and/or lights as required from the time work begins until the work is completed and right of way is opened for public use.
B. Rating Of Insurer: Insurance is to be placed with insurers with an A.M. Best rating of no less than an A carrier, with a rating of "7" or higher.
C. Certificates And Endorsements: The permittee shall furnish the department with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The city expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the permittee shall be prepared to provide such copies prior to the issuance of the permit.
D. Unsatisfactory Policy: If any of the required policies are, or at any time become, unsatisfactory to the city as to form or substance, or if a company issuing any such policy is, or at any time becomes, unsatisfactory to the city, the permittee shall promptly obtain a new policy, submit the same to the city for approval, and thereafter submit verification of coverage as required by the city. Upon failure to furnish, deliver and maintain such insurance as provided herein, the city may declare the permit to be in default and pursue any and all remedies the city may have at law or in equity, including those actions outlined in this chapter.
E. Subcontractors Included: The permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Deductibles And Retentions To Be Approved: Any deductibles or self-insured retentions shall be declared to and approved by the city. At the option of the city, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the city, its employees, officers, officials, agents, volunteers or assigns, or the permittee shall procure a bond, in a form acceptable to the city, guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (Ord. 08-18, 7-17-2008)
G. Work Performed By Property Owner: A property owner personally performing work abutting his residence may submit proof of a homeowner's insurance policy in lieu of the insurance requirements of this section. (Ord. 2015-02, 2-5-2015)
H. Public Utility Company: A public utility company may be relieved of the obligation of submitting certificates of insurance if such company shall submit satisfactory evidence in advance that:
1. It is insured in the amounts set forth in this chapter, or has complied with state requirements to become self-insured. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit; and
2. Said coverage provides to the city the same scope of coverage that would otherwise be provided by a separate policy as required by this chapter. (Ord. 08-18, 7-17-2008)
A. Bond Required: Except as noted in this chapter, each applicant, before being issued a permit, shall provide the city with a cash deposit, escrow agreement or an irrevocable letter of credit in the amount set forth in section 14.16.040 of this chapter to guarantee faithful performance of the work authorized by a permit granted pursuant to this chapter. The amount of the bond required may be increased or decreased at the discretion of the department whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of bond otherwise required under this chapter. The form of the irrevocable letter of credit or bond and the entity issuing the same shall be subject to the approval of the city attorney.
B. Public Utilities: Public utilities franchised by the city shall not be required to file a cash deposit, irrevocable letter of credit or corporate surety bond if such requirement is expressly waived or otherwise provided for in the franchise documents.
C. Conditions Of Bond: The bond required by this section shall be conditioned as follows:
1. That the permittee shall fully comply with the requirements of the city ordinances and regulations, specifications and standards promulgated by the city relative to work in the public way, and respond to the city in damages for failure to conform therewith;
2. That after work is commenced, the permittee shall proceed with diligence and expedition and shall promptly complete such work and restore the public way to engineering design and construction standards, so as not to obstruct the public place or travel thereon more than is reasonably necessary;
3. That the permittee shall guarantee the materials and workmanship for a period of two (2) years from completion of such work, with reasonable wear and tear excepted; and
4. That unless authorized by the department on the permit, all paving, resurfacing or replacement of street facilities on major or collector streets shall be done in conformance with the regulations contained herein within three (3) calendar days, and within seven (7) calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to the engineering design and construction standards. In winter, a temporary patch must be provided. In all excavations, restoration or pavement surfaces shall be made immediately after backfilling is completed or concrete is cured. If work is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible. (Ord. 08-18, 7-17-2008)
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