(A) Before an excavation permit as herein provided is issued, the applicant shall deposit with the City Clerk a surety bond set by the City Engineer of not less than five hundred dollars ($500.00), payable to the city. The required surety bond must be:
(1) With good and sufficient surety;
(2) By a surety company authorized to transact business in the state;
(3) Satisfactory to the City Attorney in form and substance;
(4) Conditioned upon the permittee's compliance with this subchapter and to secure and hold the city and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the city, the City Council, or any city officer or agent may be made liable by reason of any accident or injury to persons or property through the fault of the permittee, either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee. The bond shall further be conditioned upon the permittee's compliance with all regulations to fill up, restore, and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the City Engineer, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said two-year period shall be deemed conclusive evidence of defective backfilling by the permitee.
(B) Nothing herein contained shall be construed to require the permittee to maintain any repairs made by the city to any pavement if such repairs should prove defective.
(C) Any owner of real estate repairing or engaging another to repair his own sidewalk shall not be required to give such bond.
(D) Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given.
(E) In the event of any suit or claim against the city by reason of the negligence or default of the permittee, upon the city's giving written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his surety.
(F) An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above, and in other respects as specified above but applicable as to all excavation work in city streets by the principal in such bond during the term of one year from said date.
(Ord. passed 2-17-86; Am. Ord. 2013-15, passed 7-15-13) Penalty, see § 91.99