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Permits shall not be transferable or assignable, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this Chapter and under said permit.
(1979 Code § 12.10.070; Ord. 97-70, 9-23-1970)
A. The work performed in the public way shall conform to the requirements of Chapter 6 of this Title, and the engineering regulations, design standards, construction specifications and traffic-control regulations of the City, copies of which shall be available from the City Engineer, kept on file in the office of the City Recorder and be open to public inspection during office hours.
B. Signage: Where a job site is left unattended, before completion of the work, signage with minimum two inch (2") high letters shall be attached to a barricade or otherwise posted at the site, indicating the permittee's name, or company name, telephone number, and after hours telephone number.
C. Minimum Interference; Barricades: All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the public way shall be minimized. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been backfilled and proper temporary gravel surface is in place, except where backfilling and resurfacing is to be done by the City; in which case the barricades, together with any necessary lights, flares or torches, must remain in place until the backfill work is actually commenced by the City. From sunset to sunrise, all barricades and excavations must be clearly outlined by adequate signal lights, torches, etc. The Police Department and Fire Department shall be notified at least twenty four (24) hours in advance of any planned excavation requiring street closure or traffic detour.
(1979 Code § 12.10.080; Ord. 97-70, 9-23-1970)
A. City Permit Not Required; Exceptions: Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the City limits, shall not be required to obtain permits from the City under the provisions of this Chapter, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary. Any City permit shall not be construed to permit or allow work on a County road on a State highway within the City without an applicable County or State permit.
B. Authority Of City Engineer: The City Engineer, in his or her discretion, shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property. Notwithstanding the foregoing, nothing in this Chapter shall be construed to impose any duty, implied or express, on the City or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property, arising out of the issuance of any permit issued by government entities other than the City, or arising out of any work performed on any public way owned or within the jurisdiction of the City.
(1979 Code § 12.10.090; Ord. 97-70, 9-23-1970)
A. Authority To Require: The City Engineer may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the City Engineer may require as set forth herein. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the City, promptly protect, or promptly alter or relocate such facilities or structures, or part thereof, as directed by the City. In the event that such person refuses or neglects to conform to the directive of the City, the City shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the City all costs incurred by the City in connection with such work performed by the City, including also design, engineering, construction, materials, insurance, court costs and attorneys fees.
B. Conditions: Any directive by the City Engineer shall be based upon one of the following:
1. The facility or structure was installed, erected or is being maintained contrary to law, or determined by the City Engineer to be structurally unsound or defective;
2. The facility or structure constitutes a nuisance as defined under State statute;
3. The permit under which the facility or structure was installed has expired or has been revoked;
4. The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or
5. The grades or lines of the public way are to be altered or changed.
C. Exception; Vested Right: This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the public way, if that prior private easement grants a superior vested right.
D. Failure To Comply; Penalty: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the City Engineer shall be guilty of a Class B misdemeanor. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.
E. Authority Of City In Emergency: The City may, at any time, in case of fire, disaster or other emergency, as determined by the City in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the public way, in which event the City shall not be liable therefor to any person. The City shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection.
(1979 Code § 12.10.100; Ord. 97-70, 9-23-1970; amd. Ord. 97-75, 10-21-1997)
A. Temporary Sidewalk, Curb: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with City standards for such.
B. Temporary Gravel Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.
C. Disturbing Real Or Personal Property: At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the City, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.
D. Costs; Reimbursement: The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee. Further, a permittee shall reimburse a property owner or the City, for any actual damage caused by the permittee, its subcontractor, or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.
E. Included Acts: Examples of types of acts specifically included in this section are the following:
1. Removal of sod, lawn, shrubbery, flowers, trees, driveways, or fence, to install, trench, repair, replace, remove or locate, equipment, cable or other appurtenances of the permittee;
2. Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering, or the like on the part of the permittee;
3. Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance or repair by the permittee; or
4. Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable).
F. Drainage Channels: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the city engineer prior to the blockage of the channel.
G. Requirements Extended To Subcontractors: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.
H. Exception; Permanent Structure In Public Way: The requirements of this section shall not apply to the removal by a permittee, of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the city granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the county recorder.
(1979 Code § 12.10.110; amd. Ord. 97-70, 9-23-1970)
The permittee shall, at its own expense, complete work site restoration of the surface of any public way to its original condition and replace any removed or damaged pavement with the same type and depth of pavement as that which is adjoining, including the gravel base material.
A. All restoration shall conform to the engineering regulations, design standards and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the city engineer.
B. Work site restoration includes, but is not limited to:
1. A road patch that extends two feet (2') beyond the limits of any excavation, including undermining, where the excavation is up to four feet (4') in depth;
2. A road patch that extends three feet (3') beyond the limits of any excavation, including undermining, where the excavation is more than four feet (4') in depth;
3. A road patch encompassing all excavation and extending across the entire width of the roadway, and complying with the requirements of subsection C1 or C2 of this section, if multiple road cuts are made as part of the permitted work; and
4. Additional pavement removal and extension of the road patch to the limit of the location indicated if the edge of the patch would terminate within two feet (2') of:
a. A painted stripe;
b. Lip of gutter;
c. A curb;
d. An existing pavement patch;
e. Another saw cut; or
f. Deteriorated asphalt.
C. If the public way is under a construction moratorium due to road construction or reconstruction within the past five (5) years or application of a seal coat within the past three (3) years, work site restoration also includes:
1. A fifty foot (50') wide road patch on either side of the excavation with the road patch extending across the entire width of the roadway; and
2. If the roadway is under a chip seal coat moratorium, the permittee shall also reapply the seal coat over the patch.
D. When a road patch is required, the patch shall:
1. Match the thickness of the existing aggregate base; and
2. Match the thickness of the existing asphalt plus one inch (1"), provided that the asphalt patch may not have a thickness of less than four inches (4") or more than seven inches (7").
(Ord. 2015-34, 7-7-2015)
A. Before a permit is issued, the applicant shall furnish to the city evidence that such applicant has a comprehensive general liability and property damage policy that includes contractual liability coverage endorsed with the following limits and provisions:
1. A minimum of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage and not less than one million dollars ($1,000,000.00) in the aggregate. The general aggregate limit shall apply separately to the permit, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of broad form commercial general liability coverage. The city attorney may increase or decrease minimum insurance limits, depending on the potential liability of any project.
2. All policies shall include the city, its employees, officers, officials, agents, volunteers and assigns, as insureds. Any reference to the city shall include the city, its employees, officers, officials, agents, volunteers and assigns.
3. The coverage shall be primary insurance as respects the City, its employees, officers, officials, agents, volunteers, and assigns. Any insurance or self-insurance maintained by the City, its employees, officers, officials, agents, volunteers, and assigns shall be in excess of the permittee's insurance and shall not contribute to or with it.
B. Any failure to comply with reporting provisions of the policy shall not effect coverage provided to the City, its employees, officers, officials, agents, volunteers, and assigns.
C. Coverage shall state that the permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D. Underwriters shall have no right of recovery or subrogation against the City, it being the intent of the parties that the insurance policy so affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.
E. The insurance companies issuing the policy or policies shall have no recourse against the City for payment of any premiums due or for any assessments under any form of any policy.
F. Each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days', prior written notice by certified mail, return receipt requested sent to the City.
G. Each policy shall be endorsed to indemnify, save harmless and defend the City and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit work done by the permittee, his/her subcontractor or agent, whether or not the work has been completed and whether or not the right of way has been opened to public travel.
H. Each policy shall be endorsed to indemnify, hold harmless and defend the City, and its officers and employees against any claim or loss, damage or expense sustained by any person occurring by reason of doing any work pursuant to the permit including, but not limited to falling objects or failure to maintain proper barricades and/or lights as required from the time work begins until the work is completed and right of way is opened for public use.
I. Insurance is to be placed with insurers with an AM Best rating of no less than an A carrier, with a rating of A7+ or higher.
J. The permittee shall furnish the City with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the permittee shall be prepared to provide such copies prior to the issuance of the permit.
K. If any of the required policies are, or at any time become, unsatisfactory to the City as to form or substance, or if a company issuing any such policy is, or at any time becomes, unsatisfactory to the City, the permittee shall promptly obtain a new policy, submit the same to the City for approval, and thereafter submit verification of coverage as required by the City. Upon failure to furnish, deliver and maintain such insurance as provided herein, the City may declare the permit to be in default and pursue any and all remedies the City may have at law or in equity, including those actions outlined in this Chapter.
L. The Permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
M. Any deductibles or self-insured retentions shall be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its employees, officers, officials, agents, volunteers or assigns, or the permittee shall procure a bond, in a form acceptable to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
N. A provider may be relieved of the obligation of submitting certificates of insurance if such company shall submit satisfactory evidence in advance that:
1. It is insured in the amounts set forth in this Chapter, or has complied with State requirements to become self-insured. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit; and
2. Said coverage provides to the City the same scope of coverage that would otherwise be provided by a separate policy as required by this Chapter;
O. The insurance requirements imposed herein shall not be applicable to excavation work performed by employees of the City. If the applicant is performing the excavation work under contract with the City, the applicant may be relieved of the insurance obligations imposed herein, in which case insurance or other risk transfer issues shall be negotiated between the City and the applicant by separate agreement.
(1979 Code § 12.10.130; Ord. 97-70, 9-23-1970)
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