Any person, firm, corporation or political subdivision granted such a permit shall be subject to the following obligations to the City in the exercise of the privilege hereby granted.
(a) To maintain at least one lane of traffic at all times;
(b) To make any excavation in such manner as to inconvenience the public as little as possible;
(c) To backfill immediately the excavated area and resurface same of such materials and in the manner specified by the City Manager or his duly authorized representative. (1959 Code Sec. 901.04)
(d) To deposit with the City a cash bond to secure the faithful performance of the obligations contained in this chapter. In lieu of the cash bond, the applicant may post a surety bond signed by a commercial surety company which is approved by the City. Such cash or surety bond shall be in accordance with the most current schedule of fees adopted by the City Council and shall be adjusted periodically to reflect any increases or decreases in such fees.
Upon the failure of any permittee to comply with the provisions of this chapter in the time agreed upon in the application of such permittee, such cash bond shall be deemed forfeited to the City. In the case of a surety bond, when there is such a failure by the permittee, the surety shall become liable. In no event shall the cash bond be returned, or the parties released from the surety bond until six months after the street, sidewalk or other public way has been restored as provided for in this chapter. This six month period is to serve as a test period to determine whether or not the permittee’s restoration is going to withstand day-to-day usage. Any person, firm, corporation or political subdivision granted a permit may, in lieu of depositing a separate cash or surety bond, breach permit as provided in this section, deposit an annual cash or surety bond with the City in an amount agreed upon between the permittee and the City Manager or the City Manager’s designated representative, to secure the faithful performance of the obligations contained in this chapter for all evacuations, improvements and driveways to be done by such person, firm, corporation or political subdivision during the year for which such cash or surety bond is deposited.
(Ord. 9-2010. Passed 4-19-10.)
(Ord. 9-2010. Passed 4-19-10.)
(e) To guard, provide warning signals and barriers and to otherwise do any and all things necessary to prevent injury to persons and property by reason of any excavation or other activity undertaken pursuant to such permit, and to furnish a telephone number or numbers where they can be reached at all times;
(f) To indemnify and hold harmless the City from and against any claims, demand, lawsuit or judgment made by any person whatsoever, arising out of any exercise of privilege granted by such permit and based on either property damage or personal injury, or both, and to reimburse the City for any expense incurred by it by reason of any such claim, demand, lawsuit or judgment, and to assume responsibility for and to defend any lawsuit which may arise therefrom;
(g) To procure and furnish satisfactory evidence that he or it has procured and is keeping in full force and effect a policy of liability insurance, providing himself or itself and the City with indemnification against any such claims, demands, lawsuit or judgment arising out of the exercise of the privilege granted. Such policy of liability insurance is to guarantee at least twenty thousand/forty thousand dollars ($20,000/$40,000) for personal injuries and five thousand dollars ($5,000) for property damage. Such requirements of this paragraph may be dispensed with when in the opinion of the City Manager, or his duly authorized representative, the nature of the undertaking does not require same. (1959 Code Sec. 901.04 (e) through (g))