Any person, firm, corporation, or political subdivision granted such a permit shall be subject to the following obligations to the city in the exercise of the privilege granted:
(A) To maintain at least one lane of traffic at all times;
(B) To make any excavation in such manner as to inconvenience the public as little as possible;
(C) To backfill immediately the excavated area and resurface same in the following manner: that portion of the trench or excavation which does not cross the paved portion of any street or way shall be backfilled with gravel; that portion of the excavation which crosses the paved portion of any street or way shall be backfilled with gravel compacted to within 10 inches of the street level. After backfilling to within 10 inches of the street level one of the following types of repairs shall be made.
(1) In streets where a concrete pavement exists, a 10-inch 3900 pound portland cement concrete slab shall be placed and finished level with the existing pavement;
(2) In streets where T-35 bituminous concrete pavement exists, an 8-inch 3900 pound portland cement concrete slab shall be placed and upon this a 2½-inch T-35 mat shall be laid and compacted level with the existing pavement;
(3) In streets where a seal treatment or other comparable low type pavement exists, 10 inches of at least 40% crushed stabilizer shall be placed and well tamped, and upon this a 2½-inch T-35 mat shall be laid and compacted level with the existing pavement.
(D) To deposit with the city a cash bond to secure the faithful performance of the obligations contained in this chapter. In lieu of the cash bond, the applicant may post a survey bond signed by a commercial surety company which is approved by the city. Such cash or surety bond shall be in the sum of $10.00 per square foot of excavation in the surface of any street, sidewalk, or other public way; provided, that the minimum cash or surety bond in any such case shall be $250. Upon the failure of any permittee to comply with the provisions of this chapter within the time agreed upon in the application of such permittee, such cash bond shall be deemed forfeited to the city. In the case of a surety bond, when there is such a failure by the permittee, the surety shall become liable. In no event shall the cash bond be returned, or the parties released from the surety bond until one year after the street, sidewalk, or other public way has been restored as provided for in this chapter. This one-year period is to serve as a test period to determine whether or not a permittee’s restoration is going to withstand day to day usage. Any person, firm, corporation, or political subdivision granted a permit may, in lieu of depositing a separate cash or surety bond for each permit as provided in this division, deposit an annual cash or surety bond with the city in an amount agreed upon between the permittee and the director of public service and safety or his duly authorized representative, to secure the faithful performance of the obligations contained in this chapter for all excavation work to be done by said person, firm, corporation, or political subdivision during the year for which such cash or surety bond is deposited;
(E) To guard, provide warning signals and barriers, and otherwise to do any and all things necessary to prevent injury to persons and property by reason of any excavation or other activity undertaken pursuant to the permit, and to furnish a telephone number or numbers where they can be reached at all times;
(F) To indemnify and hold harmless the city from and against any claims, demand, lawsuit, or judgment made by any person whatsoever, arising out of any exercise or privilege granted by the permit, and based on either property damage or personal injury, or both, and to reimburse the city for any expense incurred by it by reason of any such claim, demand, lawsuit, or judgment, and to assume responsibility for and to defend any lawsuit which may arise out of it;
(G) To procure and furnish satisfactory evidence that he or it has procured and is keeping in full force and effect a policy of liability insurance, providing himself or itself and the city with indemnification against any such claims, demands, lawsuit, or judgment arising out of the exercise of the privilege granted. This policy of liability insurance is to guarantee at least $20,000/ $40,000 for personal injuries and $5,000 for property damage. The requirements of this division may be dispensed with when in the opinion of the director of public service and safety, or his duly authorized representative, the nature of the undertaking does not require same.
('59 Code, § 901.04) (Am. Ord. 21-1967, passed 5-23-67; Am. Ord. 8-1995, passed 2-28-95) Penalty, see § 92.99