It is a misdemeanor for any person, except a city employee acting within the course and scope of his or her employment or a contractor acting within the course and scope of a contract with the city, to make any excavation, opening or tunnel in, over, across or upon a street or other public property without first having obtained a written permit from the City Administrator as herein provided.
Subd. 1. Application. Application for a permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, purpose and size of the excavation, and such other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the City Administrator.
Subd. 2. Investigation and Payment of Estimated Costs. Upon receipt of the application, the City Administrator shall cause the investigation to be made as he or she may deem necessary to determine estimated cost of repair, such as back-filling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon such excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of the investigation shall be included in the estimate. Payment of the estimated costs shall be made before the permit is issued.
Subd. 3. Protection of the City and the Public.
A. Non-Completion or Abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith, 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 its intention to do so, correct the work, fill the excavation and repair the public property and the cost thereof shall be paid by the person holding the permit.
B. Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the city satisfactory evidence in writing that the applicant will keep in effect public liability insurance of not less than $100,000 for any person, $300,000 for any occurrence and property damage insurance of not less than $25,000, issued by an insurance company authorized to do business in the state on which the city is named as a co-insured.
C. Indemnification. Before issuance of a permit, the applicant shall, in writing, agree to indemnify and hold the city harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the city incident to a claim or action brought or commenced by any person arising therefrom.
Subd. 4. Issuance of Permit. The City Administrator shall issue the permit after:
A. Completion of the investigation;
B. Payment by the applicant in advance of all estimated costs as aforesaid;
C. Agreement by the applicant to the conditions of time and manner as aforesaid;
D. Agreement in writing by the applicant to pay all actual cost of repairs over and above the estimate, including cost of the investigation; and
E. Agreement in writing by the applicant to be bound by all of the provisions of this section.
Subd. 5. Repairs. All temporary and permanent repairs, including back-filling, compacting and resurfacing shall be made, or contracted for, by the city in a manner prescribed by the City Administrator and an accurate account of costs thereof shall be kept.
Subd. 6. Cost Adjustment. Within 60 days following completion of the permanent repairs, the City Administrator shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to the permit holder an itemized statement thereof and claim additional payment from, or make refund (without interest) to, the permit holder, as the case may be.
Subd. 7. Alternate Method of Charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the city may charge on the basis of surface square feet removed, excavated cubic feet, or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged.