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The surety bond provisions shall not apply to any excavation made under a contract awarded by the city or made by the city, or to any excavation performed directly by any public utility permitted to operate within the city limits, franchise or otherwise, for the purpose of supplying natural gas, electric, or telephone services. This exception only applies to excavation performed directly by the public utility, and a surety bond is required if work is performed by a subcontractor of any public utility.
(Prior Code, § 8-2-7)
(A) All work done pursuant to a utility excavation permit issued under the provisions of this chapter shall be performed under the direction and to the satisfaction of the Public Works Director or his or her duly authorized agent.
(B) The Public Works Director shall prepare the regulations with respect to excavations within any street and shall modify them with respect to particular work as the Public Works Director shall deem necessary or advisable to protect the public from injury, to prevent damage to public or private property, and to minimize interference with the public use of the streets.
(C) Regulations promulgated by the Public Works Director shall be approved by the City Council after notice of hearing and a copy of the regulations shall be given to each permittee upon issuance of the street excavation permit.
(D) Regulations promulgated by the Public Works Director may include:
(1) Requirement that all public utilities be notified by the permittee of permittee’s intent to make a street excavation giving notice of time, place, and purpose of the excavation;
(2) Requirement that the permittee shall have the duty of determining the location and depth of all existing underground facilities;
(3) Manner and method of backfilling street excavation and procedure to be followed in compacting backfilled material;
(4) Specifications as to material to be used in backfilling street excavation;
(5) Manner and method of making street excavation, including procedures to safeguard and protect adjoining and adjacent property and existing underground and above ground facilities; and
(6) Requirements for restoration of street surfaces.
(E) Special provisions shall be made for simplifying procedures and supervision in respect to excavations by franchised utilities.
(Prior Code, § 8-2-8) (Ord. 549, passed 2-27-2012)
(A) In the event of any emergency in which a main, conduit, or utility facility in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health, or safety of any individual, the person owning or controlling the main, conduit, or utility facility without first applying for and obtaining a utility excavation permit hereunder shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health, and safety of individuals.
(B) However, the person owning or controlling the facility shall apply for a utility excavation permit not later than the end of the next succeeding day during which the Public Works Director’s office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
(Prior Code, § 8-2-9) (Ord. 549, passed 2-27-2012)
Work shall progress in an expeditious manner until completion in order to avoid necessary inconvenience to the general public. In the event that the work shall not be performed in accordance with the applicable regulations of the Public Works Director or in accordance with the provisions hereof, or shall cease or be abandoned without due cause, the city may, after six hours’ notice in writing to the holder of the permit of intent to do so, correct the work or fill the excavation and repair the street, and in any such event the entire cost to the city of the work shall be a liability of and shall be paid by the person to whom the permit was issued and his or her surety.
(Prior Code, § 8-2-10)
(A) Liability insurance. A permittee, prior to the commencement of excavation work hereunder, shall furnish the Public Works Director satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the utility excavation permit public liability insurance of not less than $1,000,000 for each occurrence and $1,000,000 for general aggregate, duly issued by an insurance company authorized to do business in the state and on which policy the city is named as co-insured (additional insured) and $500,000 minimum automobile liability insurance.
(B) Worker’s compensation insurance. The contractor shall provide Worker’s Compensation Insurance for all its employees and, in case any work is sublet, the contractor shall require the subcontractor to provide worker’s compensation insurance in accordance with statutory requirements. Employer’s liability limit shall be a minimum of $100,000.
(Prior Code, § 8-2-11) (Ord. 278, passed 5-13-1996; Ord. 549, passed 2-27-2012)
The permittee shall indemnify, keep, and hold the city free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee’s negligence in making any street excavation. In the event that suit shall be brought against the city, either independently or jointly with the permittee on account thereof, the permittee, upon notice to it by the city, shall defend the city in any suit at the cost of the permittee; and in the event of a final judgment being obtained against the city, either independently or jointly with the permittee, the permittee shall pay the judgment with all costs and hold the city harmless therefrom.
(Prior Code, § 8-2-12)
If any person shall fail, refuse, or neglect to comply with the provisions of this chapter or any rules or regulations of the Public Works Director in reference thereto, the Public Works Director may refuse to issue further permit to such person until the conditions or orders are complied with.
(Prior Code, § 8-2-14) (Ord. 108, passed 11-23-1981)