Chapter 5
EXCAVATION PERMITSlinklink

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7-5-1: DEFINITIONS:
7-5-2: PERMIT REQUIRED; BASIS FOR ISSUANCE:
7-5-3: APPLICATION REQUIREMENTS:
7-5-4: EMERGENCY WORK:
7-5-5: FEE FOR PERMIT:
7-5-6: CONTENTS OF PERMIT; DURATION, EXTENSIONS:
7-5-7: TRANSFER; ASSIGNMENT:
7-5-8: COMPLIANCE; SITE PERMITTEE IDENTIFICATION:
7-5-9: OTHER HIGHWAY PERMITS:
7-5-10: RELOCATION OF STRUCTURES IN PUBLIC WAY:
7-5-11: IMPACT OF EXCAVATION ON EXISTING IMPROVEMENTS:
7-5-12: RESTORATION OF PUBLIC PROPERTY:
7-5-13: INSURANCE REQUIREMENTS:
7-5-14: BOND REQUIREMENTS:
7-5-15: HOLD HARMLESS AGREEMENT; LIMITATIONS ON CITY LIABILITY:
7-5-16: WORK WITHOUT PERMIT; PENALTY:
7-5-17: FAILURE TO COMPLY; DEFAULT IN PERFORMANCE:
7-5-18: FAILURE TO CONFORM TO DESIGN STANDARDS; PENALTY:
7-5-19: APPEAL FOR SUSPENSION, REVOCATION, STOP ORDER:
7-5-20: TAMPERING WITH TRAFFIC BARRICADES:
7-5-21: CONFLICT WITH GOVERNING PROVISIONS:

7-5-1: DEFINITIONS:linklink


APPLICANT: Any person who makes application for a permit.

APPURTENANCES: Miscellaneous concrete surfaces within the public way, such as parking bays and carriage walks.

BUSINESS: Any place in the city in which there is conducted or carried on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood.

CITY: The city of Ogden, a municipal corporation of the state of Utah.

CITY ENGINEER: The city engineer, or his/her authorized representative.

EMERGENCY: Any unforeseen circumstances or occurrence, the existence of which constitutes an immediate danger to persons or property, or which causes interruption of utility or public services.

ENGINEERING REGULATIONS, REGULATIONS, SPECIFICATIONS, AND/OR DESIGN STANDARDS: The latest version of the engineering regulations, specifications, design standards or criteria published or adopted by the city engineer.

FAILURE: A work site restoration which fails to meet city engineer specifications, or which results in a deteriorated or substandard condition within the duration of the warranty period. Failure may be settlement of surfaces, deterioration of materials, or other surface irregularities. Measurement of failure shall be further defined in the engineering regulations.

INFRASTRUCTURE PROVIDER: A person providing to another, for the purpose of providing telecommunication services or other utility services to customers, all or part of the necessary system which uses the public way.

OPERATOR: Any person who provides service over a telecommunications system or other utility system, and directly or through one or more affiliates owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.

PERMITTEE: Any person which has been issued a permit and thereby has agreed to fulfill the requirements of this chapter.

PERSON: Means and includes any natural person, partnership, firm, association, provider, corporation, company, organization, or entity of any kind.

PIPE DRIVEWAY: A driveway approach which uses a pipe or other means to bridge the gutter.

PRIVATE DRAIN LINE: A pipe installed solely for the transmission of water collected or generated on private property such as drainage, spring, or storm water, or condensate into the public drainage system.

PROPERTY OWNER: Person or persons who have legal title to property and/or equitable interest in the property, or the ranking official or agent of a company having legal title to property and/or equitable interest in the property.

PROVIDER: An operator, infrastructure provider, reseller, system lessee, or public utility company.

PUBLIC UTILITY COMPANY: Any company subject to the jurisdiction of the Utah State Public Service Commission, or any mutual corporation providing gas, electricity, water, telephone, or other utility product or services for use by the general public.

PUBLIC WAY: Means and includes all public rights of way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainage ways. It does not, however, include utility easements not within public ways of the City.

RESELLER: Refers to any person that provides service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission and does not install any system in the rights of way.

RESIDENT: The person or persons currently making their home at a particular dwelling.

SECURITY: A corporate surety bond, cash bond or escrow, letter of credit, or other security device, determined by the City.

STORM DRAIN: A dedicated pipe, conduit, water way, or ditch installed in a right of way or easement for the transmission of storm and drainage water. This term does not include private drain lines.

SYSTEM LESSEE: Refers to any person that leases a system or a specific portion of a system to provide services.

TELECOMMUNICATIONS SYSTEM OR SYSTEM: All conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased, or used by a provider located in the construction, ownership, operation, use or maintenance of a telecommunications system.

TRAFFIC BARRICADE MANUAL: The manual on proper barricading and traffic-control practices, published by or on file with the City Engineer.

WORK SITE RESTORATION: Means and includes the restoring of the original ground or paved hard surface area to comply with engineering regulations, and includes, but is not limited to, repair, cleanup, backfilling, compaction, and stabilization, paving and other work necessary to place the site in acceptable condition following the conclusion of the work, or the expiration or revocation of the permit.

(1979 Code § 12.10.010; Ord. 97-70, 9-23-1970; amd. Ord. 97-75, 10-21-1997)
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7-5-2: PERMIT REQUIRED; BASIS FOR ISSUANCE:linklink

Any person desiring to perform work of any kind in a public way within the City, shall make application for a permit. The decision by the City to issue a permit shall include, among other factors determined by the City, the following:


A. The capacity of the public way to accommodate the facilities or structures proposed to be installed in the public way;


B. The capacity of the public way to accommodate multiple wire in addition to cables, conduits, pipes or other facilities or structures of other users of the public way, such as electrical power, telephone, gas, sewer and water;


C. The damage or disruption, if any, of public or private facilities, improvements, or landscaping previously existing in the public way;


D. The public interest in minimizing the cost and disruption of construction from numerous excavations of the public way.

(1979 Code § 12.10.020; Ord. 97-70, 9-23-1970)

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7-5-3: APPLICATION REQUIREMENTS:linklink


A. Filing; Form: Application for a permit shall be filed with the City Engineer on a form to be furnished by the City.


B. Eligible Persons: No person shall be eligible to apply for or receive permits to do work within the public ways of the City, save and except the following:

1. Contractors licensed by the State as general contractors; or

2. Providers; provided, that all work shall be performed by a contractor licensed by the State as a general contractor, which contractor shall be adequately identified on the permit.

3. The City acting through its Public Works Department.


C. Denial Based Upon Past Performance: The City Engineer may deny the issuance of permits to applicants, including providers, who have shown by past performance that in the opinion of the City Engineer they will not consistently conform to the engineering regulations, specifications, design standards, or the requirements of this Chapter.


D. Engineering Plans: When necessary, in the judgment of the City Engineer, to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering regulations, construction specifications and design standards, the City Engineer may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.


E. Unlawful Commencement Without Permit: It shall be unlawful for any person to commence work upon any public way until the City Engineer has approved the application and until a permit has been issued for such work, except as specifically approved to the contrary in this Chapter.


F. Appeal: The disapproval or denial of an application by the City Engineer may be appealed by the applicant to the Mayor, or the Mayor's designee, by filing of a written notice of appeal within ten (10) days of the action of the City Engineer. The Mayor, or the Mayor's designee, shall hear such appeal, if written request therefor be timely filed as soon as practicable, and render his/her decision within two (2) weeks following notice of such appeal.


G. Authority Of City Engineer: In approving or disapproving work within any public way, or permits therefor, in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him/her by this Chapter, the City Engineer shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation or protection of the public way.


H. Routine Maintenance Work: It shall be lawful for a City, County, State, Federal or other government employee to perform routine maintenance work, not involving excavations, without first having obtained a permit therefor.


I. Exception To Permit Requirement: A permit is not required from the City Engineer for hand digging excavations for installation or repair of sprinkler systems and landscaping within the nonpaved areas of the public way. However, conformance to all City specifications is required.

(1979 Code § 12.10.030; Ord. 97-70, 9-23-1970)

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7-5-4: EMERGENCY WORK:linklink


A. Authority: Any person maintaining pipes, lines, or facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work to be done immediately; provided a permit could not reasonably and practicably have been obtained beforehand.


B. Notification During Business Hours: In the event that emergency work is commenced on or within any public way of the City during regular business hours, the City Engineer shall be notified within one-half (1/2) hour from the time the work is commenced. Any person commencing such work shall immediately thereafter apply for a permit. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that work is accomplished according to City Engineering regulations, the Manual on Uniform Traffic-Control Devices and other applicable laws, regulations, or generally recognized practices in the industry.


C. Other Than Business Hours: Any person commencing emergency work in the public way during other than business hours without a permit shall either immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which City offices are open for business after such work is commenced and apply for a permit as soon as practicable thereafter. A permit for such emergency work may be issued which shall be retroactive to the date when the work was begun, at the discretion of the City Engineer.

(1979 Code § 12.10.040; Ord. 97-70, 9-23-1970)

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7-5-5: FEE FOR PERMIT:linklink


A. Required: The City shall charge and the permittee shall pay upon issuance of the permit, fees for costs associated with the work performed under the permit as outlined in Title 4, Chapter 6 of this Code. Such costs could include costs for reviewing the project and issuing the permit, inspections of the project, deterioration of the public way or diminution of the useful life of the public way, and other costs to the City associated with the work to be done under the permit. All costs shall be assessed in a nondiscriminatory manner.


B. Additional Charges: Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection, and work site restoration associated with each undertaking may be charged by the City to each permittee, in addition to the permit fee.


C. Exception: Permit fees shall not be applicable to work performed by or under contract to the City.

(1979 Code § 12.10.050; Ord. 97-70, 9-23-1970)

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7-5-6: CONTENTS OF PERMIT; DURATION, EXTENSION:linklink


A. Contents: Each permit application shall state the starting date and estimated completion date. If the permittee is a provider, the permit shall adequately identify the licensed contractor performing the work under the permit. Work shall be completed within five (5) days from the starting date or as determined by the City Engineer. Such determination shall be based upon factors reasonably related to the work to be performed under the permit. Such factors may include, in addition to other factors related to the work to be performed, the following:

1. The scope of work to be performed under the permit;

2. Maintaining the safe and effective flow of pedestrian and vehicular traffic on the public way affected by the work;

3. Protecting the existing improvements to the public way impacted by the work;

4. The season of the year during which the work is to be performed as well as the current weather and its impact on public safety and the use of the public way by the public;

5. Use of the public way for extraordinary events anticipated by the City.

The City Engineer shall be notified by the permittee of commencement of the work within twenty four (24) hours prior to commencing work. The permit shall be valid for the time period specified in the permit.


B. Extension: If the work is not completed during such period, prior to the expiration of the permit, the permittee may apply to the City Engineer for an additional permit or an extension, which may be granted by the City Engineer for good cause shown.


C. Length Of Extension: The length of the extension requested by the permittee shall be subject to the approval of the City Engineer.

(1979 Code § 12.10.060; Ord. 97-70, 9-23-1970)

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7-5-7: TRANSFER; ASSIGNMENT:linklink

Permits shall not be transferable or assignable, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this Chapter and under said permit.

(1979 Code § 12.10.070; Ord. 97-70, 9-23-1970)
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7-5-8: COMPLIANCE; SITE PERMITTEE IDENTIFICATION:linklink


A. The work performed in the public way shall conform to the requirements of Chapter 6 of this Title, and the engineering regulations, design standards, construction specifications and traffic-control regulations of the City, copies of which shall be available from the City Engineer, kept on file in the office of the City Recorder and be open to public inspection during office hours.


B. Signage: Where a job site is left unattended, before completion of the work, signage with minimum two inch (2") high letters shall be attached to a barricade or otherwise posted at the site, indicating the permittee's name, or company name, telephone number, and after hours telephone number.


C. Minimum Interference; Barricades: All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the public way shall be minimized. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been backfilled and proper temporary gravel surface is in place, except where backfilling and resurfacing is to be done by the City; in which case the barricades, together with any necessary lights, flares or torches, must remain in place until the backfill work is actually commenced by the City. From sunset to sunrise, all barricades and excavations must be clearly outlined by adequate signal lights, torches, etc. The Police Department and Fire Department shall be notified at least twenty four (24) hours in advance of any planned excavation requiring street closure or traffic detour.

(1979 Code § 12.10.080; Ord. 97-70, 9-23-1970)

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7-5-9: OTHER HIGHWAY PERMITS:linklink


A. City Permit Not Required; Exceptions: Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the City limits, shall not be required to obtain permits from the City under the provisions of this Chapter, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary. Any City permit shall not be construed to permit or allow work on a County road on a State highway within the City without an applicable County or State permit.


B. Authority Of City Engineer: The City Engineer, in his or her discretion, shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property. Notwithstanding the foregoing, nothing in this Chapter shall be construed to impose any duty, implied or express, on the City or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property, arising out of the issuance of any permit issued by government entities other than the City, or arising out of any work performed on any public way owned or within the jurisdiction of the City.

(1979 Code § 12.10.090; Ord. 97-70, 9-23-1970)

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7-5-10: RELOCATION OF STRUCTURES IN PUBLIC WAYS:linklink


A. Authority To Require: The City Engineer may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the City Engineer may require as set forth herein. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the City, promptly protect, or promptly alter or relocate such facilities or structures, or part thereof, as directed by the City. In the event that such person refuses or neglects to conform to the directive of the City, the City shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the City all costs incurred by the City in connection with such work performed by the City, including also design, engineering, construction, materials, insurance, court costs and attorneys fees.


B. Conditions: Any directive by the City Engineer shall be based upon one of the following:

1. The facility or structure was installed, erected or is being maintained contrary to law, or determined by the City Engineer to be structurally unsound or defective;

2. The facility or structure constitutes a nuisance as defined under State statute;

3. The permit under which the facility or structure was installed has expired or has been revoked;

4. The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or

5. The grades or lines of the public way are to be altered or changed.


C. Exception; Vested Right: This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the public way, if that prior private easement grants a superior vested right.


D. Failure To Comply; Penalty: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the City Engineer shall be guilty of a Class B misdemeanor. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.


E. Authority Of City In Emergency: The City may, at any time, in case of fire, disaster or other emergency, as determined by the City in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the public way, in which event the City shall not be liable therefor to any person. The City shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection.

(1979 Code § 12.10.100; Ord. 97-70, 9-23-1970; amd. Ord. 97-75, 10-21-1997)

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7-5-11: IMPACT OF EXCAVATION ON EXISTING IMPROVEMENTS:linklink


A. Temporary Sidewalk, Curb: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with City standards for such.


B. Temporary Gravel Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.


C. Disturbing Real Or Personal Property: At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the City, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.


D. Costs; Reimbursement: The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee. Further, a permittee shall reimburse a property owner or the City, for any actual damage caused by the permittee, its subcontractor, or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.


E. Included Acts: Examples of types of acts specifically included in this section are the following:

1. Removal of sod, lawn, shrubbery, flowers, trees, driveways, or fence, to install, trench, repair, replace, remove or locate, equipment, cable or other appurtenances of the permittee;

2. Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering, or the like on the part of the permittee;

3. Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance or repair by the permittee; or

4. Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable).


F. Drainage Channels: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the city engineer prior to the blockage of the channel.


G. Requirements Extended To Subcontractors: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.


H. Exception; Permanent Structure In Public Way: The requirements of this section shall not apply to the removal by a permittee, of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the city granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the county recorder.

(1979 Code § 12.10.110; amd. Ord. 97-70, 9-23-1970)

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7-5-12: RESTORATION OF PUBLIC PROPERTY:linklink

The permittee shall, at its own expense, complete work site restoration of the surface of any public way to its original condition and replace any removed or damaged pavement with the same type and depth of pavement as that which is adjoining, including the gravel base material.


A. All restoration shall conform to the engineering regulations, design standards and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the city engineer.


B. Work site restoration includes, but is not limited to:

1. A road patch that extends two feet (2') beyond the limits of any excavation, including undermining, where the excavation is up to four feet (4') in depth;

2. A road patch that extends three feet (3') beyond the limits of any excavation, including undermining, where the excavation is more than four feet (4') in depth;

3. A road patch encompassing all excavation and extending across the entire width of the roadway, and complying with the requirements of subsection C1 or C2 of this section, if multiple road cuts are made as part of the permitted work; and

4. Additional pavement removal and extension of the road patch to the limit of the location indicated if the edge of the patch would terminate within two feet (2') of:

a. A painted stripe;

b. Lip of gutter;

c. A curb;

d. An existing pavement patch;

e. Another saw cut; or

f. Deteriorated asphalt.


C. If the public way is under a construction moratorium due to road construction or reconstruction within the past five (5) years or application of a seal coat within the past three (3) years, work site restoration also includes:

1. A fifty foot (50') wide road patch on either side of the excavation with the road patch extending across the entire width of the roadway; and

2. If the roadway is under a chip seal coat moratorium, the permittee shall also reapply the seal coat over the patch.


D. When a road patch is required, the patch shall:

1. Match the thickness of the existing aggregate base; and

2. Match the thickness of the existing asphalt plus one inch (1"), provided that the asphalt patch may not have a thickness of less than four inches (4") or more than seven inches (7").

(Ord. 2015-34, 7-7-2015)

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7-5-13: INSURANCE REQUIREMENTS:linklink


A. Before a permit is issued, the applicant shall furnish to the city evidence that such applicant has a comprehensive general liability and property damage policy that includes contractual liability coverage endorsed with the following limits and provisions:

1. A minimum of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage and not less than one million dollars ($1,000,000.00) in the aggregate. The general aggregate limit shall apply separately to the permit, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of broad form commercial general liability coverage. The city attorney may increase or decrease minimum insurance limits, depending on the potential liability of any project.

2. All policies shall include the city, its employees, officers, officials, agents, volunteers and assigns, as insureds. Any reference to the city shall include the city, its employees, officers, officials, agents, volunteers and assigns.

3. The coverage shall be primary insurance as respects the City, its employees, officers, officials, agents, volunteers, and assigns. Any insurance or self-insurance maintained by the City, its employees, officers, officials, agents, volunteers, and assigns shall be in excess of the permittee's insurance and shall not contribute to or with it.


B. Any failure to comply with reporting provisions of the policy shall not effect coverage provided to the City, its employees, officers, officials, agents, volunteers, and assigns.


C. Coverage shall state that the permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.


D. Underwriters shall have no right of recovery or subrogation against the City, it being the intent of the parties that the insurance policy so affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.


E. The insurance companies issuing the policy or policies shall have no recourse against the City for payment of any premiums due or for any assessments under any form of any policy.


F. Each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days', prior written notice by certified mail, return receipt requested sent to the City.


G. Each policy shall be endorsed to indemnify, save harmless and defend the City and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit work done by the permittee, his/her subcontractor or agent, whether or not the work has been completed and whether or not the right of way has been opened to public travel.


H. Each policy shall be endorsed to indemnify, hold harmless and defend the City, and its officers and employees against any claim or loss, damage or expense sustained by any person occurring by reason of doing any work pursuant to the permit including, but not limited to falling objects or failure to maintain proper barricades and/or lights as required from the time work begins until the work is completed and right of way is opened for public use.


I. Insurance is to be placed with insurers with an AM Best rating of no less than an A carrier, with a rating of A7+ or higher.


J. The permittee shall furnish the City with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the permittee shall be prepared to provide such copies prior to the issuance of the permit.


K. If any of the required policies are, or at any time become, unsatisfactory to the City as to form or substance, or if a company issuing any such policy is, or at any time becomes, unsatisfactory to the City, the permittee shall promptly obtain a new policy, submit the same to the City for approval, and thereafter submit verification of coverage as required by the City. Upon failure to furnish, deliver and maintain such insurance as provided herein, the City may declare the permit to be in default and pursue any and all remedies the City may have at law or in equity, including those actions outlined in this Chapter.


L. The Permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.


M. Any deductibles or self-insured retentions shall be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its employees, officers, officials, agents, volunteers or assigns, or the permittee shall procure a bond, in a form acceptable to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.


N. A provider may be relieved of the obligation of submitting certificates of insurance if such company shall submit satisfactory evidence in advance that:

1. It is insured in the amounts set forth in this Chapter, or has complied with State requirements to become self-insured. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit; and

2. Said coverage provides to the City the same scope of coverage that would otherwise be provided by a separate policy as required by this Chapter;


O. The insurance requirements imposed herein shall not be applicable to excavation work performed by employees of the City. If the applicant is performing the excavation work under contract with the City, the applicant may be relieved of the insurance obligations imposed herein, in which case insurance or other risk transfer issues shall be negotiated between the City and the applicant by separate agreement.

(1979 Code § 12.10.130; Ord. 97-70, 9-23-1970)

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7-5-14: BOND REQUIREMENTS:linklink


A. Amount: Except as noted in this Chapter, each Applicant, before being issued a permit, shall provide the City with an acceptable security in the amount of twenty five thousand dollars ($25,000.00) to guarantee faithful performance of the work authorized by a permit granted pursuant to this Chapter. The amount of the security required may be increased or decreased at the discretion of the City Engineer whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of security otherwise required under this Chapter. The form of the security and the entity issuing the security shall be subject to the approval of the City Attorney.


B. Conditions: The security required by this Section shall be conditioned as follows:

1. That the permittee shall fully comply with the requirements of the City ordinances and regulations, specifications and standards promulgated by the City relative to work in the public way, and respond to the City in damages for failure to conform therewith;

2. That after work is commenced, the permittee shall proceed with diligence and expedition and shall promptly complete such work and restore the public way to construction specifications, so as not to obstruct the public place or travel thereon more than is reasonably necessary;

3. That the permittee shall guarantee the materials and workmanship for a period of two (2) years from completion of such work, with reasonable wear and tear excepted; and

4. That unless authorized by the City Engineer on the permit, all paving, resurfacing or replacement of street facilities on major or collector streets shall be done in conformance with the regulations contained herein within three (3) calendar days, and within seven (7) calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to engineering regulations. In winter, a temporary patch must be provided. In all excavations, restoration or pavement surfaces shall be made immediately after backfilling is completed or concrete is cured. If work is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.


C. City Excavations: The security requirement imposed herein shall not be required for work performed by City employees. A person performing work under contract with the City may be relieved of the security requirement imposed herein, in which case the security requirement shall be negotiated between the City and the applicant by separate agreement.

(1979 Code § 12.10.140; Ord. 97-70, 9-23-1970; amd. Ord. 97-75, 10-21-1997)

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7-5-15: HOLD HARMLESS AGREEMENT; LIMITATIONS ON CITY LIABILITY:linklink


A. The permittee agrees to save the City, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The issuance and acceptance of any permit under this Chapter shall constitute such an agreement by the permittee to this Section.


B. This Chapter shall neither be construed as imposing upon the City, its officers, employees and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this chapter; nor shall the city, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit, or the approval of any work.

(1979 Code § 12.10.150; amd. Ord. 97-70, 9-23-1970)

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7-5-16: WORK WITHOUT PERMIT; PENALTY:linklink


A. Stop Order: A stop order may be issued by the city engineer, or the city engineer's designee, directed to any person doing or causing any work to be done in the public way without a permit, which shall take effect immediately.

1. The abutting property owner or other person who authorized the work, as well as the contractor or person performing the work, shall be responsible for causing the unpermitted work to be done.

2. The stop work order, or subsequent written notice, may, in addition to any other requirement, direct that equipment or materials associated with the unpermitted work be removed from the site until any required permit is obtained. Such removal shall be completed immediately or within such additional time as the order or notice may allow.

3. The city engineer may cause the equipment or materials described in subsection A2 of this section to be impounded if the property owner or contractor fails to complete the removal within the time allowed. Before the equipment or materials are released, all costs of impounding and storage shall be paid by the person authorizing or performing the unpermitted work.


B. Fee: Any person authorizing or found to be doing work in the public way without having obtained a permit, as provided in this chapter, shall be required to pay a permit fee equal to two (2) times the normal permit fee. For replacement work, where a fee is not normally charged, the normal permit fee for new construction shall apply.


C. Permit: The person authorizing or performing work without a permit shall, at the person's own expense, obtain a permit under this chapter and restore the surface of any public way to its original condition, in the manner provided in section 7-5-12 of this chapter, and shall repair any above or below ground utility or other infrastructure that may have been damaged.


D. Standards: All work site restoration and other work shall conform to the engineering standards, design regulations and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit or other written notice, unless additional time is granted in writing by the city engineer.


E. Performance By City: If the person authorizing or performing work without a permit fails to obtain a permit or to commence and cause the required work to be performed with due diligence within a reasonable time following the giving of notice, as determined by the city engineer (taking into consideration the exigencies of the situation, the nature of the work, and the requirements of public safety and for the protection of persons and property), the city may, at the discretion of the city engineer, perform the work with city forces or contract forces or both, and suit may be commenced by the city attorney against the person authorizing or performing the unpermitted work and such other persons as may be liable, to recover the entire amount due to the city, including attorney fees, on account thereof. Joint and several liability shall attach to a person authorizing unpermitted work, a person performing the work and any other responsible party.

(Ord. 2015-33, 7-7-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29276#s1054228
7-5-17: FAILURE TO COMPLY; DEFAULT IN PERFORMANCE:linklink


A. Revocation, Suspension, Stop Order: Any permit may be revoked or suspended and a stop order issued by the city engineer, after notice to the permittee for:

1. Violation of any condition of the permit, the bond, or of any provision of this chapter;

2. Violation of any provision of any other ordinance of the city or law relating to the work; or

3. Existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.


B. Immediate Effect: A suspension or revocation by the city engineer, and a stop order, shall take effect immediately upon entry thereof by the city engineer and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the city engineer has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.


C. Notice Of Default: Whenever the city engineer finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof may be given to the principal and to the surety or other party providing the security, if applicable. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city engineer to be reasonably necessary for the completion of the work.


D. Performance By City: In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, the requirements of public safety and for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the city for the cost of doing the work, as set forth in the notice, the city may perform the work, at the discretion of the city engineer, with city forces or contract forces or both, and suit may be commenced by the city attorney against the contractor and the company providing the security and such other persons as may be liable, to recover the entire amount due to the city, including attorney fees, on account thereof. In the event that cash has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any.

(1979 Code § 12.10.170; amd. Ord. 97-70, 9-23-1970; Ord. 97-75, 10-21-1975)

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7-5-18: FAILURE TO CONFORM TO DESIGN STANDARDS; PENALTY:linklink

For failure to conform to the design standards and regulations, the city engineer may:


A. Suspend or revoke the permit;


B. Issue a stop order;


C. Order removal and replacement of faulty work;


D. Require an extended warranty period; and/or


E. Negotiate a cash settlement to be applied toward future maintenance costs.

(1979 Code § 12.10.180; amd. Ord. 97-70, 9-23-1970)

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7-5-19: APPEAL FOR SUSPENSION, REVOCATION, STOP ORDER:linklink

Any suspension, revocation or stop order by the city engineer may be appealed by the permittee to the mayor, or the mayor's designee, by filing a written notice of appeal within ten (10) days of the action of the city engineer. The mayor, or the mayor's designee, shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render his/her decision within a reasonable time following filing of notice of appeal.

(1979 Code § 12.10.190; amd. Ord. 97-70, 9-23-1970)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29276#s1054231
7-5-20: TAMPERING WITH TRAFFIC BARRICADES:linklink

It shall be unlawful for any person to maliciously or wantonly or without authorization and legal cause, extinguish, remove or diminish any light illuminating any barricade or excavation, or to tear down, remove or in any manner alter any rail, fence or barricade protecting any excavation or other construction site.

(1979 Code § 12.10.200; amd. Ord. 97-70, 9-23-1970)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29276#s1054232
7-5-21: CONFLICT WITH GOVERNING PROVISIONS:linklink

Should there be a conflict between the provisions of this chapter and the provisions of any other ordinance, agreement, franchise, or other document governing the excavation of a public way, the more restrictive provisions of the aforesaid documents shall apply.

(1979 Code § 12.10.210; amd. Ord. 97-70, 9-23-1970)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29276#s1054233