(A) No person shall make any excavation in any street, sidewalk or public ground without first having secured a permit therefor from the Clerk/Administrator.
(B) The fee for the permit shall be as set out in § 33.15, but when a fee is paid for a sewer construction permit or a permit to connect with the water supply, the excavation permit for the necessary digging incidental to the installation of the sewer or water pipes shall be issued without any additional fee.
(C) Every applicant must sign an agreement in substantially the following terms. In consideration of the granting of the excavation permit this day applied for, the undersigned agrees:
(1) To do the work as directed by the City Council so as to occasion the least possible inconvenience to the public, and to provide for the passage of water along the gutters;
(2) To leave at least 1/2 of the street clear for the passage of vehicles, and to provide safe bridgeways on sidewalks for foot passengers;
(3) To guard any open excavation with substantial railings constructed and placed so as to bar all entrance to the excavations, and at night to show the limits of the railings and excavations by red lights; and also to mark the limits of piles of material by red lights;
(4) To refill the excavations as soon as is reasonably possible, and replace paving, sidewalks and all appurtenances in at least as good condition as before the excavation; in refilling, to lay the earth in layers not over 6 inches deep, and to puddle each layer thoroughly. If, within 1 year after the refilling, the City Council shall find any defects caused by improper excavation or improper refilling, to remedy the defects on reasonable notice. If the person doing the excavation work shall fail to remedy any defect found therein within a year after its completion, upon notice from the City Council, the municipality may cause the work to be done at his or her expense;
(5) To remove at once all rubbish and surplus earth; and
(6) To indemnify and hold the municipality harmless from all damages or claims arising out of the excavation work or accidents caused or claimed by the injured party to have been caused by the excavation or by the failure to do the work or guard it properly.
(Prior Code, § 15.115)
(D) The contractor is required to have a certificate of insurance.