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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)
A. Amount: Except as noted in this Chapter, each Applicant, before being issued a permit, shall provide the City with an acceptable security in the amount of twenty five thousand dollars ($25,000.00) to guarantee faithful performance of the work authorized by a permit granted pursuant to this Chapter. The amount of the security required may be increased or decreased at the discretion of the City Engineer whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of security otherwise required under this Chapter. The form of the security and the entity issuing the security shall be subject to the approval of the City Attorney.
B. Conditions: The security required by this Section shall be conditioned as follows:
1. That the permittee shall fully comply with the requirements of the City ordinances and regulations, specifications and standards promulgated by the City relative to work in the public way, and respond to the City in damages for failure to conform therewith;
2. That after work is commenced, the permittee shall proceed with diligence and expedition and shall promptly complete such work and restore the public way to construction specifications, so as not to obstruct the public place or travel thereon more than is reasonably necessary;
3. That the permittee shall guarantee the materials and workmanship for a period of two (2) years from completion of such work, with reasonable wear and tear excepted; and
4. That unless authorized by the City Engineer on the permit, all paving, resurfacing or replacement of street facilities on major or collector streets shall be done in conformance with the regulations contained herein within three (3) calendar days, and within seven (7) calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to engineering regulations. In winter, a temporary patch must be provided. In all excavations, restoration or pavement surfaces shall be made immediately after backfilling is completed or concrete is cured. If work is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.
C. City Excavations: The security requirement imposed herein shall not be required for work performed by City employees. A person performing work under contract with the City may be relieved of the security requirement imposed herein, in which case the security requirement shall be negotiated between the City and the applicant by separate agreement.
(1979 Code § 12.10.140; Ord. 97-70, 9-23-1970; amd. Ord. 97-75, 10-21-1997)
A. The permittee agrees to save the City, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The issuance and acceptance of any permit under this Chapter shall constitute such an agreement by the permittee to this Section.
B. This Chapter shall neither be construed as imposing upon the City, its officers, employees and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this chapter; nor shall the city, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit, or the approval of any work.
(1979 Code § 12.10.150; amd. Ord. 97-70, 9-23-1970)
A. Stop Order: A stop order may be issued by the city engineer, or the city engineer's designee, directed to any person doing or causing any work to be done in the public way without a permit, which shall take effect immediately.
1. The abutting property owner or other person who authorized the work, as well as the contractor or person performing the work, shall be responsible for causing the unpermitted work to be done.
2. The stop work order, or subsequent written notice, may, in addition to any other requirement, direct that equipment or materials associated with the unpermitted work be removed from the site until any required permit is obtained. Such removal shall be completed immediately or within such additional time as the order or notice may allow.
3. The city engineer may cause the equipment or materials described in subsection A2 of this section to be impounded if the property owner or contractor fails to complete the removal within the time allowed. Before the equipment or materials are released, all costs of impounding and storage shall be paid by the person authorizing or performing the unpermitted work.
B. Fee: Any person authorizing or found to be doing work in the public way without having obtained a permit, as provided in this chapter, shall be required to pay a permit fee equal to two (2) times the normal permit fee. For replacement work, where a fee is not normally charged, the normal permit fee for new construction shall apply.
C. Permit: The person authorizing or performing work without a permit shall, at the person's own expense, obtain a permit under this chapter and restore the surface of any public way to its original condition, in the manner provided in section 7-5-12 of this chapter, and shall repair any above or below ground utility or other infrastructure that may have been damaged.
D. Standards: All work site restoration and other work shall conform to the engineering standards, design regulations and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit or other written notice, unless additional time is granted in writing by the city engineer.
E. Performance By City: If the person authorizing or performing work without a permit fails to obtain a permit or to commence and cause the required work to be performed with due diligence within a reasonable time following the giving of notice, as determined by the city engineer (taking into consideration the exigencies of the situation, the nature of the work, and the requirements of public safety and for the protection of persons and property), the city may, at the discretion of the city engineer, perform the work with city forces or contract forces or both, and suit may be commenced by the city attorney against the person authorizing or performing the unpermitted work and such other persons as may be liable, to recover the entire amount due to the city, including attorney fees, on account thereof. Joint and several liability shall attach to a person authorizing unpermitted work, a person performing the work and any other responsible party.
(Ord. 2015-33, 7-7-2015)
A. Revocation, Suspension, Stop Order: Any permit may be revoked or suspended and a stop order issued by the city engineer, after notice to the permittee for:
1. Violation of any condition of the permit, the bond, or of any provision of this chapter;
2. Violation of any provision of any other ordinance of the city or law relating to the work; or
3. Existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.
B. Immediate Effect: A suspension or revocation by the city engineer, and a stop order, shall take effect immediately upon entry thereof by the city engineer and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the city engineer has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.
C. Notice Of Default: Whenever the city engineer finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof may be given to the principal and to the surety or other party providing the security, if applicable. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city engineer to be reasonably necessary for the completion of the work.
D. Performance By City: In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, the requirements of public safety and for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the city for the cost of doing the work, as set forth in the notice, the city may perform the work, at the discretion of the city engineer, with city forces or contract forces or both, and suit may be commenced by the city attorney against the contractor and the company providing the security and such other persons as may be liable, to recover the entire amount due to the city, including attorney fees, on account thereof. In the event that cash has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any.
(1979 Code § 12.10.170; amd. Ord. 97-70, 9-23-1970; Ord. 97-75, 10-21-1975)
For failure to conform to the design standards and regulations, the city engineer may:
A. Suspend or revoke the permit;
B. Issue a stop order;
C. Order removal and replacement of faulty work;
D. Require an extended warranty period; and/or
E. Negotiate a cash settlement to be applied toward future maintenance costs.
(1979 Code § 12.10.180; amd. Ord. 97-70, 9-23-1970)
Any suspension, revocation or stop order by the city engineer may be appealed by the permittee to the mayor, or the mayor's designee, by filing a written notice of appeal within ten (10) days of the action of the city engineer. The mayor, or the mayor's designee, shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render his/her decision within a reasonable time following filing of notice of appeal.
(1979 Code § 12.10.190; amd. Ord. 97-70, 9-23-1970)
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