(A) The City Administrator or designee shall estimate the probable cost of repairing such street, sidewalk, right-of-way, easement, or highway to the required standard; and shall require the applicant to file a written bond in an amount sufficient to cover such cost, with two or more sufficient sureties, conditioned that the street, sidewalk, right-of-way, easement, or highway shall be restored to as good or better condition than it was before the excavation or alteration was made. Such bond shall contain a provision for at least 15 days advance notice to the city prior to cancellation for any reason. Such bond is subject to the approval of the City Attorney. An applicant may make a cash deposit of such sum in lieu of the written bond.
(B) The conditions of the bond required in § 150.421(A) shall not be considered satisfied until the city shall have accepted the street, sidewalk, highway, right-of-way, or easements as being restored in good condition. In the event that the person making the opening shall fail to leave the affected area in a good state of repair, satisfactory to the city, then the city shall call upon the sureties to pay for the cost of repair; provided however, that in the event of a cash deposit, the city may proceed to have the street, sidewalk, right-of-way, easement, or highway put in good condition, paying for same out of the deposit made by the applicant, and if there be any remainder of said deposit after paying for such work, such remainder shall be refunded to the person making the deposit.
(C) Before a permit may be issued hereunder, the applicant must comply with all applicable provisions of this chapter pertinent to the issuance of such a permit and must show proof of comprehensive general liability insurance covering the work, including premises-operations and completed operations coverage, in not less than the following limits:
General Liability | |
$2,000,000 | Each occurrence |
$2,000,000 | Aggregate |
Property Damage | |
$500,000 | Each occurrence |
$500,000 | Aggregate |
(D) Any policy providing for the above-required insurance shall name the city as an additional named insured for the duration of the work and shall contain a provision that the policy may not be cancelled, terminated or modified without 15 days advance written notice thereof to the city.
(E) Cancellation of insurance will automatically cause the suspension of the permit for 30 days unless reinstated or substitute insurance is furnished. Suspended permits shall be automatically canceled at the end of 30 days.
(F) When the bond or deposit and insurance required by this chapter shall have been accepted by the city, and all other applicable provisions relevant to the granting of permits have been satisfied, the city shall issue a permit for the excavation set out in the application, and the applicant may then proceed with the work in the exact location named in its application, and in no other place.