(a) It shall be unlawful for any person to open, cut or make any excavation in any street of the City without first securing a permit as provided in this chapter. Any person, including a municipality or a municipal authority, which desires to make any opening, cut or excavation in or tunnel under any street or highway of the City shall make application for a permit to the Director of Public Works or his or her designee upon forms to be furnished by the City, setting forth the name and address of the applicant, the precise location of the proposed opening, cut, excavation or tunnel, the approximate size and depth thereof, and the purpose of such excavation. Such application shall further contain the covenant on the part of the applicant that the work shall be performed in strict compliance with the ordinances and regulations of the City and the laws of the Commonwealth related thereto and that the applicant shall well and truly save, defend and keep harmless the City from and indemnify it against any and all actions, suits , demands, payments, costs and charges for or by reason of the proposed opening, cut, excavation or tunnel, and all damages to persons or property resulting in any manner therefrom, or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing related thereto.
(b) The requirement of indemnification and compensation set forth in this section shall be evidenced by the contractor establishing proof of full insurance coverage for workers compensation of all employees employed at the site of the project as well as for all subcontractors who are engaged in work at the sites of the project.
(c) Additionally, there shall be proof of adequate liability and property damage insurance coverage that the contractor has in full force and effect and is maintained at the contractor's expense to cover any claims for damages for personal injury, including accidental death, as well as claims for property damage which may arise from the opening, cut or excavation of the street of the City, whether such operations be by the contractor or subcontractor. The City shall be named as an additional insured in all required insurances.
(d) Such person shall also provide financial security in a form acceptable to the City, conditioned for the payment of the cost and expense of putting the disturbed part of the street or highway, and adjacent property, in the proper condition, as hereinafter provided. The amount of such bond shall be determined by the Director of Public Works or his or her designee, and such bond shall remain in force for a period of three years after the completion of the work and shall be so conditioned for such period of time. However, nothing in this chapter shall operate to infringe the franchise rights of railroads and street railways to maintain their tracks and the paving of streets and highways along such tracks and crossings, all of which maintenance work shall be done as provided by franchise without securing permits as herein provided. However, in the case of a corporation, firm or company entering into a continuing bond covering the granting of permits, it may be permitted to file an agreement to pay to the City the minimum and additional fees upon the presentation of a bill for the same. Such bill shall be presented monthly.
(e) A traffic control plan shall also be submitted with the permit application.
(Ord. 5288. Passed 6-10-20.)