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(A) Before any permit required by this chapter shall be issued to an applicant, the applicant shall file with the Director a bond or letter of credit in favor of the town in an amount equal to the total cost of construction, including labor and materials, or $5,000, whichever is greater. The bond or letter of credit shall be executed by the applicant as principal and by at least one surety upon whom service of process may be had in the state. The bond or letter of credit shall be conditioned upon the applicant fully complying with all provisions of town codes, ordinances, rules and regulations, and upon payment of all judgments and costs rendered against the applicant for any material violation of town codes, ordinances or state statutes that may be recovered against the applicant by any person for damages arising out of any negligent or wrongful acts of the applicant in the performance of work done pursuant to the permit. The town may bring an action on the bond or letter of credit on its own behalf or on behalf of any person so aggrieved as beneficiary. The bond or letter of credit must be approved by the Town Manager as to form and as to the responsibility of the surety thereon prior to the issuance of the permit. However, the town may waive the requirements of any such bond or letter of credit or may permit the applicant to post a bond without surety thereon upon finding that the applicant has financial stability and assets located in the state to satisfy any claims intended to be protected against the security required by this section.
(B) A letter of responsibility will be accepted in lieu of a performance bond or letter of credit from all public utilities, and all franchised entities operating within the town.
(C) The performance bond, letter of credit or letter of responsibility shall remain in force and effect for a minimum of three years after completion and acceptance of the street cut, excavation or lane closure.
(Prior Code, § 165.8) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Any warranty made hereunder shall serve as security for the performance of work necessary to repair the public right-of-way if the permittee fails to make the necessary repairs or to complete the work under the permit.
(B) The permittee, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in a manner acceptable to the town and warrants and guarantees all work done for a period of two years after the date of probationary acceptance, and agrees to maintain upon demand and to make all necessary repairs during the two-year period. This warranty shall include all repairs and actions needed as a result of:
(1) Defects in workmanship;
(2) Settling of fills or excavations;
(3) Any unauthorized deviations from the approved plans and specifications;
(4) Failure to barricade;
(5) Failure to clean up during and after performance of the work; and
(6) Any other violation of this chapter or the codes or ordinances of the town.
(C) The two-year warranty period shall run from the date of the town’s probationary acceptance of the work. If repairs are required during the three-year warranty period, those repairs need only be warranted until the end of the initial two-year period starting with the date of probationary acceptance. It is not necessary that a new two-year warranty be provided for subsequent repairs after probationary acceptance.
(D) At any time prior to completion of the two-year warranty period, the town may notify the permittee in writing of any needed repairs. Such repairs shall be completed within 24 hours if the defects are determined by the town to be an imminent danger to the public health, safety and welfare. Non- emergency repairs shall be completed within 30 calendar days after notice.
(E) The warranty described in this section shall cover only those areas of work undertaken by a permittee, and not directly impacted by the work of any other permittee or the town. In the event that a portion of work warranted by the permittee is subsequently impacted by work of another permittee or the town during the warranty period, that other permittee or the town shall assume responsibility for repair to the subsequently impacted section of right-of-way.
(Prior Code, § 165.9) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
A minimum of three inspections shall take place. First, the permittee shall request that the town conduct a pre-construction inspection, to determine any necessary conditions for the permit. Second, the permittee shall notify the town immediately after completion of work operations. The town shall inspect the completed work within 21 days of the permittee’s notification. Probationary acceptance will be made if all work meets town and permit standards. Third, approximately 30 days prior to the expiration of the two-year guarantee, the town shall conduct a final inspection of the completed work. If the work is still satisfactory the bond or letter of credit shall be returned or allowed to expire, with a letter of final acceptance, less any amounts needed to complete work not done by the permittee. Upon review of the application for a permit, the Director shall determine how many additional inspections, if any, may be required. For work that does not involve material disturbance in the rights-of-way, the Director shall waive the final inspection and the performance bond/letter of credit.
(Prior Code, § 165.10) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
The permittee shall maintain a safe work area, free of safety hazards. The town may make any repair necessary to eliminate any safety hazards not performed as directed. Any such work performed by the town shall be completed and billed to the permittee at overtime rates. The permittee shall pay all such charges within 30 days of the statement date. If the permittee fails to pay such charges within the prescribed time period, the town may, in addition to taking other collection remedies, seek reimbursement through the warranty guarantee. The town shall not issue any further permits of any kind to said permittee, until all outstanding charges (except those outstanding charges that are honestly and reasonably disputed by the permittee and being negotiated in good faith with the town) have been paid in full.
(Prior Code, § 165.11) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
All work covered by the permit shall be completed by the date stated on the application. Permits shall be void if work has not commenced three months after issuance, unless the Director has granted an extension. Performance bonds, letters of credit or letters of responsibility deposited as a performance/warranty guarantee for individual permits will be returned after voiding of the permit, with administrative and any other town costs deducted.
(Prior Code, § 165.12) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) When it is necessary to obstruct traffic, a traffic control plan shall be submitted to the town prior to starting construction. No permit will be issued until the town approves the plan. No permittee shall block access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures or any other vital equipment unless the permittee provides the town with written verification of written notice delivered to the owner or occupant of the facility, equipment or property at least 48 hours in advance. If a street closing is desired, the applicant will request the assistance and obtain the approval of the Director. It shall be the responsibility of the permittee to notify and coordinate all work in the public way with police, fire, ambulance, other government entities and transit organizations.
(B) (1) When necessary for public safety, the permittee shall employ flag persons whose duties shall be to control traffic around or through the construction site.
(2) The Director may require the use of flag persons.
(C) Traffic-control devices, as defined in Part VI of the Manual on Uniform Traffic-Control Devices, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices are to be supplied by the permittee. If used at night, they must be reflectorized and may be required to be illuminated or have barricade warning lights.
(D) Oil flares or kerosene lanterns are not allowed as means of illumination. Nighttime work area flood lighting shall not be allowed to spill out of the construction area in such a way as to disturb, annoy or endanger the comfort, health or peace of others.
(E) (1) Part VI of the Manual on Uniform Traffic-Control Devices or any successor publication thereto shall be used as a guide for all maintenance and construction signing.
(2) The permittee shall illustrate on the permit the warning and control devices proposed for use.
(3) At the direction of the Director, such warning and control devices shall be modified.
(F) The contractor shall be responsible for maintaining all work area signing and barricading during construction operations as well as any signs and barricades that are needed to protect roadway users and pedestrians during non-work hours. During non-work hours, all construction work area signs that are not appropriate shall be removed, covered or turned around so that they do not face traffic. Any deficiencies noted by the town shall be corrected immediately by the contractor. If contractor is not available or cannot be found, the town may make such corrections and the contractor shall pay the actual costs plus a penalty of 50% of the amount thereof.
(Prior Code, § 165.13) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Any permit may be revoked or suspended by the Director, after written notice to the permittee for:
(1) Violation of any material condition of the permit or of any material provision of this code;
(2) Violation of any material provision of any other code or ordinance of the town or state law relating to the work; and
(3) Existence of any condition or performance of any act that the town determines constitutes or causes a condition endangering life or damage to property.
(B) A stop work order may be issued by the Director to any person or persons doing or causing any work to be done in the public way for:
(1) Working without a permit, except for routine maintenance or emergency repairs to existing facilities as provided for in this code;
(2) Doing work in violation of any provisions of this code, or any other code or ordinance of the town, or state law relating to the work; and
(3) Performing any act, which town determines constitutes or causes a condition that either endangers life or property.
(C) A suspension or revocation by the Director, and a stop work order, shall take effect immediately upon notice to the person performing the work in the public way, or to the permittee’s last known address.
(D) Any suspension or revocation or stop work order may be appealed by the permittee to the Town Manager by filing a written notice of appeal within five working days of the action.
(Prior Code, § 165.22) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
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