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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)
A. Hold Harmless Agreement: The permittee agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The issuance and acceptance of any permit under this chapter shall constitute such a hold harmless agreement by the permittee to this section.
B. Limitation Of Liability: This chapter shall neither be construed as imposing upon the city, its officers, employees and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this chapter; nor shall the city, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit, or the approval of any work. (Ord. 08-18, 7-17-2008)
A. Stop Order: A stop order may be issued by the department directed to any person or persons doing or causing any work to be done in the public way without a permit. (Ord. 08-18, 7-17-2008)
B. Fee: Any person found to be doing work in the public way without having obtained a permit, as provided in this chapter, shall be required to pay a fee equal to five (5) times the normal fee as set forth in the fee schedule adopted pursuant to title 3, chapter 3.35 of this code. (Ord. 2010-27, 12-9-2010)
A. Violations: Any permit may be revoked or suspended and a stop order issued by the department, after notice to the permittee for:
1. Violation of any condition of the permit, the bond, or of any provision of this chapter;
2. Violation of any provision of any other ordinance of the city or law relating to the work; or
3. Existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.
B. Immediate Effect; Notice: A suspension or revocation by the department, and a stop order, shall take effect immediately upon entry thereof by the department and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the department has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.
C. Written Notice: Whenever the department finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof may be given to the principal and to the surety on the bond, if there is a surety bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the department to be reasonably necessary for the completion of the work.
D. Performance By City: In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, the requirements of public safety and for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the city for the cost of doing the work, as set forth in the notice, the city may perform the work, at the discretion of the department, with city forces or contract forces or both, and suit may be commenced by the city attorney against the contractor and bonding company, if necessary, and such other persons as may be liable, to recover the entire amount due to the city, including attorney fees, on account thereof. In the event that cash or irrevocable letter of credit has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any. (Ord. 08-18, 7-17-2008)
For failure to conform to the engineering design and construction standards, the department may:
A. Suspend or revoke the permit;
B. Issue a stop order;
C. Order removal and replacement of faulty work;
D. Require an extended warranty period; and/or
E. Negotiate a cash settlement to be applied toward future maintenance costs. (Ord. 08-18, 7-17-2008)
Any suspension, revocation or stop order by the department may be appealed by the permittee to the city council by filing a written notice of appeal within ten (10) days of the action of the department. The city council may hear such appeal, if written request therefor be timely filed, as soon as practicable, and render their decision within a reasonable time following filing such appeal. (Ord. 08-18, 7-17-2008)
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