905.01 PERMIT; FEE; BARRICADES AND WARNING LIGHTS; BOND.
No person shall make or cause to be made any opening or excavation in the paved or unpaved portion of any Municipal road or highway, whether dedicated or undedicated, nor cross any Municipal road or highway or right of way to connect with any sewer, water main or other public utility, except upon the following terms and conditions:
(a) He obtains a permit for such work in such form as is prescribed by the Law Director and signed by the Engineer or Service Director with the fees paid to the Building Commissioner as set forth in Chapter 977. Anyone obtaining such permit shall agree to repair and shall repair promptly all broken pavement and sidewalks, and shall agree to and shall backfill with sand or gravel any hole or excavation caused by the work done, to the satisfaction of the Service Director and shall further agree to absolve the Municipality (and also the City of Cleveland in cases of water mains) from all liability for the work authorized by such permit and to indemnify the Municipality (and the City of Cleveland in cases of water mains) against any liability for injury to the street or to person or property by reason of such work. A fee as set forth in Chapter 977 payable to the Municipality shall be paid for each permit granted hereunder.
(b) Such permit holder shall barricade all excavations on and off the existing street line, and shall, for the period beginning one hour before sundown and ending one hour after sunrise during the progress of such work, plainly mark and indicate the presence of all barricades, fences, canopies, equipment, piles of material and piles of debris existing on or near the existing street line, using orange electric light flashing bulbs to warn persons and operators of vehicles of the presence of the same. Upon failure of the permit holder to erect the barricades and to set out the means of illumination herein required, the Service Director or any member of the Police Department may do so, and the permit holder shall in such case pay to the Municipality the sum as set forth in Chapter 977 for each day on which the Service Director or a member of the Police Department has erected such barricades or set out such means of illumination and shall also pay the reasonable cost of any materials used for such purpose by the Municipality.
(c) He shall carry liability insurance protecting the Municipality (and the City of Cleveland in cases of water mains) for any one person and for all persons for personal injury or death and for damage to property caused by the work authorized by the permit in the amounts as set forth in Chapter 977. The Service Director may require the permit holder to deposit the policy or proof thereof with him.
(d) A cash bond in the amount to be determined by the Service Director and Village Engineer on a case by case basis relative to the size and scope of the proposed excavations shall be posted for each connection, opening and excavation as security for performance of the terms of the permit, which amount shall be refunded when the job has been completed, the pavement repaired, and any excavations backfilled to the satisfaction of the Service Director. Upon failure of the contractor to adhere to the requisites hereof, the Municipality may apply the amount of the deposit toward payment for having the work done and shall return to the permit holder the unexpended balance, if any. The Municipality may also deduct from the amount of the deposit the amount charged to the permit holder for the erection of barricades and the setting out of lights as provided in subsection (b) hereof. If the cost of repairing the pavement and making the backfill and the amount charged for barricades and lights exceeds the amount of the cash deposit, the permit holder shall be liable to the Municipality for the excess. (Ord. 2008-41. Passed 1-20-09.)