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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)