A person desiring to undertake any of the activities set out in § 96.31 shall sign and file an application with the City Clerk's office, and secure a right-of-way use permit before starting any work or activity inside the right-of-way, all as set out in the following divisions. The Mayor is the permit issuing authority with respect to the activities set forth in § 96.31(A), (B) and (C). With respect to the activities set forth in § 96.31(D), the Mayor shall forward the permit application to the Board, which is the permit issuing authority for such activities. The Board shall exercise its discretion in the issuance or denial of a permit and may impose such reasonable conditions as it sees fit prior to the issuance of a permit. No work shall be done or activity taken prior to the issuance of the permit, except in the event of an emergency requiring immediate remedial action for utility facilities, in which case the utility shall comply with § 96.36 hereof.
(A) Contents of permit application. The application for a right-of-way use permit shall be submitted to the City Clerk's office and shall at a minimum, include the following information and documents:
(1) The name, address and phone number of the person or entity for whom the work is to be done or the activity is to be conducted, and the name, title and phone number of the person responsible for the work or activity.
(2) The name and address of the contractor responsible for work.
(3) The nature of and the reason for the work or activity to be performed.
(4) The precise location of the work or activity site and the dimensions of any excavation.
(5) The anticipated beginning and ending dates of the project.
(6) The method of traffic control to be used by the applicant at the site.
(7) Any other pertinent information requested by the Mayor or the Board.
(8) Written approval from the appropriate department if the proposed work involves a sanitary sewer, storm sewer or affects drainage within a public right-of-way.
(B) Insurance requirements. There shall be furnished to the city at the time of making application written proof that the applicant or the contractor for the applicant is covered by public liability insurance in an amount not less than $300,000 for property damage and $300,000 for injury to any one person, and $1,000,000 for any one occurrence.
(C) Bond requirements. The applicant or the contractor for the applicant, shall file a bond in the penal sum of not less than $5,000 or as determined by the Mayor, conditioned on the performance of the work and the maintenance of said work for a period of two years from the completion of such work, all in accordance with the terms of this subchapter. Exception: The applicant for a surface use under § 96.31(B) or (D) is not required to file a bond.
(D) Indemnity agreement. The applicant shall furnish a written agreement to indemnify, defend, exculpate and hold harmless the city, its officials, agents and employees from any liability due to loss, damage, injuries or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or off the right-of-way arising out of, or resulting from the issuance of the permit or the work or activity connected therewith, or from the installation, existence, use, maintenance, conditions, repairs, alteration, or removal of any equipment or material, whether due in whole or in part to the negligent acts or omissions of the city, its officials, agents, or employees, or the applicant, his agents, contractors or employees, or other persons engaged in the performance of the work or activity, or the joint negligence of any of them, including any claims arising out of the workman's compensation act or any other law, ordinance, order, or decree, for a period of the applicable statute of limitations. The indemnity shall also provide that the applicant shall pay all reasonable expenses and attorney fees incurred by or imposed on the city in connection herewith in the event that the applicant shall default under the provisions of the indemnity agreement.
(E) The applicant shall be responsible for the design of the facility to be installed within the right-of-way. The city will be responsible only for the review and approval of the proposal with respect to the locations of the facilities to be installed and the manner of installation as related to the City Standards and Specifications. Approval of the permit does not relieve the applicant of responsibility for the design. The city does not alter current regulations or authority for installing utility facilities nor for determining financial responsibility for replacing or adjusting utility facilities. The city limits itself to matters which preserve the safe operation, maintenance and integrity of the city right-of-way.
(Ord. 2002-02, passed 3-19-02) Penalty, see § 96.99