City of Versailles, MO
Morgan County
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Table of Contents
Table of Contents
[CC 1974 §565.010; Ord. No. 773 §2, 6-1967]
For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any person making written application to the Clerk of the City for an excavation permit hereunder.
The Board of Aldermen of the City of Versailles.
The City of Versailles.
The excavation and other work permitted under an excavation permit and required to be performed under this Article.
Any person who has been granted and has in full force and effect an excavation permit issued hereunder.
Any person, firm, partnership, association, corporation, both public and private, company or organization of any kind.
The Street Commissioner of the City of Versailles and Clerk is the Clerk of the City of Versailles.
Any street, highway, sidewalk, alley, avenue or other public way or public grounds in the City.
[CC 1974 §565.020; Ord. No. 773 §3, 6-1967]
It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the Clerk as herein provided.
[CC 1974 §565.030; Ord. No. 773 §4, 6-1967; Ord. No. 774 §1, 7-1967]
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Clerk. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation and other date as may reasonably be required by the Street Commissioner through the Clerk. The application shall be accompanied by plans showing the extent of the proposed excavation work.
[CC 1974 §565.040; Ord. No. 773 §5, 6-1967]
A permit fee of ten dollars ($10.00) shall be charged by the Street Commissioner payable to the Clerk for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work.
[CC 1974 §565.050; Ord. No. 773 §6, 6-1967]
The Clerk shall provide each permittee at the time a permit is issued hereunder a suitable placard plainly written or printed in English letters at least one (1) inch high with the following notice: "City of Versailles, PERMIT NO. _______ EXPIRES ___________" and in the first (1st) blank space there shall be inserted the number of said permit and after word "expires" shall be stated the date when said permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration of the permit.
[CC 1974 §565.060; Ord. No. 773 §7, 6-1967]
Before an excavation permit as herein provided is issued, the applicant shall deposit with the City Clerk a surety bond in an amount as approved by the Public Works Director or his/her representative payable to the City upon application being made therefor by the applicant and the required surety bond must be:
With good and sufficient surety.
By a surety company authorized to transact business in the State or by two (2) householders in the City owning property of a value of double the amount of the bond, over and above all legal exemptions from execution.
Satisfactory to the City Attorney in form and substance.
Conditioned upon the permittee's compliance with this Chapter and to secure and hold the City and its officers harmless against any and all claims, judgments or other costs arising from the excavation and other work covered by the excavation permit or for which the City, the Board or any City Officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition and to the satisfaction of the Street Commissioner all openings and excavations made in streets and to maintain any street where excavation is made in as good condition for the period of twelve (12) months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said one (1) year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the City if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his/her own sidewalk shall not be required to give such bond. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the City by reason of the negligence or default of the permittee, upon the City's giving written notice to the permittee of such suit or claim, any final judgment against the City requiring it to pay for such damage shall be conclusive upon the permittee and his/her surety. An annual bond may be given under this provision which shall remain in force for one (1) year conditioned as above and in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one (1) year from said date. Provided however, that this bond shall not be required for the issuance of a permit for an excavation of less than five hundred (500) square feet of surface, nor shall said bond be required of any permittee who requires three (3) or less permits in any one (1) month period.
The application for an excavation permit to perform excavation work under this Chapter shall be accompanied with a cash deposit made to the City Clerk for deposit with the City Collector. Any person intending to make openings, cuts or excavations in streets may make and maintain with the City Collector a general deposit in the sum of three hundred twenty dollars ($320.00). Any special or general deposit made hereunder shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Sixty (60) days following the permittee's completion of the work covered by such permit in conformity with this Chapter as determined by the Street Commissioner, said cash deposit except in the case of an annual deposit shall be refunded by the City to the permittee. The City may use any or all of any such deposit to pay the cost of any work the City performs to restore or maintain the street as herein provided in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the City.
[CC 1974 §565.080; Ord. No. 773 §9, 6-1967]
The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Street Commissioner may permit the closing of streets to all traffic for a period of time prescribed by him/her if in his/her opinion it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the City Police Department. The following steps shall be taken before any street may be closed or restricted to traffic:
The permittee must receive the approval of the Street Commissioner and the Police Department therefor;
The permittee must notify the Chief of the Versailles Fire Department of any street so closed;
Upon completion of construction work the permittee shall notify the Street Commissioner and City Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made;
Where flagmen are deemed necessary by the Street Commissioner, they shall be furnished by the permittee at his/her own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Street Commissioner will designate detours. The City shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee but in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Street Commissioner. The permittee will be responsible for any unnecessary damage caused to any streets by the operation of its equipment.
[CC 1974 §565.090; Ord. No. 773 §10, 6-1967]
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within fifteen (15) feet of fireplugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
[CC 1974 §565.100; Ord. No. 773 §11, 6-1967]
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon streets as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four (4) inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three (3) inches thick, twelve (12) inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three (3) feet in width and shall be provided with a railing as required by the Street Commissioner.
[CC 1974 §565.110; Ord. No. 773 §12, 6-1967; Ord. No. 1363 §1, 2-7-1995]
The permittee shall not interfere with any existing utility without the written consent of the Street Commissioner and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless he/she makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee and his/her or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and his/her bond shall be liable therefor. The permittee shall inform himself/herself as to the existence and location of all underground utilities and protect the same against damage. Notwithstanding any other provision herein, no permittee shall install any utility at any underground location within two (2) feet of any existing underground utility unless said permittee shall first obtain the written consent of the Street Commissioner in the event of the existing utility being a City utility or of the owner of any other underground utility other than City owned utilities.
[CC 1974 §565.120; Ord. No. 773 §13, 6-1967]
The permittee shall at all times and at his/her or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose and if he/she cannot obtain a license from such owner, the Street Commissioner may authorize him/her to enter the private premises solely for the purpose of making the property safe. The permittee shall, at his/her own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from his/her failure properly to protect and carry out said work. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner or, in the case of public property, the appropriate City department or City Officials having control of such property.
[CC 1974 §565.130; Ord. No. 773 §14, 6-1967]
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three (3) feet wide and securely railed on each side so that foot passengers can pass over safely at all times.
[CC 1974 §565.140; Ord. No. 773 §15, 6-1967]
The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the City street or sidewalks and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.
[CC 1974 §565.150; Ord. No. 773 §16, 6-1967]
It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health.
[CC 1974 §565.160; Ord. No. 773 §17, 6-1967]
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Street Commissioner shall have the authority to require that the permittee haul the excavated material to a storage site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
[CC 1974 §565.170; Ord. No. 773 §18, 6-1967]
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repairs, the Street Commissioner shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee and the permittee shall also be liable on his/her or its bond therefor.
[CC 1974 §565.180; Ord. No. 773 §19, 6-1967]
Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit and it shall be the permittee's responsibility to confine excavation work within these limits.
[CC 1974 §565.190; Ord. No. 773 §20, 6-1967]
As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Street Commissioner. From time to time as may be ordered by the Street Commissioner and in any event immediately after completion of said work, the permittee shall at his/her or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work and upon failure to do so within twenty-four (24) hours after having been notified to do so by the Street Commissioner, said work may be done by the Street Commissioner and the cost thereof charged to the permittee and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
[CC 1974 §565.200; Ord. No. 773 §21, 6-1967]
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as he/she found them or shall make such provisions for them as the Street Commissioner may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from slicing or other operations and shall be responsible for any damage resulting from his/her failure to so provide.
[CC 1974 §565.210; Ord. No. 773 §22, 6-1967]
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four (4) feet or over in depth, the pavement in the base shall be removed to at least six (6) inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement and a six (6) inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.
[CC 1974 §565.220; Ord. No. 773 §23, 6-1967]
Tunnels under pavement shall not be permitted except by permission of the Street Commissioner and if permitted shall be adequately supported by timbering and backfilling under the direction of the Street Commissioner.
[CC 1974 §565.230; Ord. No. 773 §24, 6-1967]
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tappers or vibrators or by rolling in layers, only if granular backfill is used, as required by the fill in question and sound engineering practices generally recognized in the construction industry. When water is taken from a fire hydrant, the permittee shall assign one (1) man to operate the hydrant and shall make certain that said man had been instructed by the Versailles Water Department in the operation of the hydrant. The said Water Department shall likewise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrant during the excavation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the said Water Department.
[CC 1974 §565.240; Ord. No. 773 §25, 6-1967]
Backfilling by water settling shall not be done except when the backfill material is composed of granular material or upon special permit of the Street Commissioner. When backfilling is done by water settling, excavated materials above utility installations shall be deposited uniformly in layers of not more than five (5) feet in thickness and shall be thoroughly flooded. During the flooding the water shall be allowed to flow slowly to the trench from high points and shall be worked down to the full depth of the layer of backfill with bars. All bars used shall be long enough to extend entirely through the layer being filled and shall be forced down through the loose backfill material. As the bars are withdrawn, the water shall be allowed to flow downward around the bar. The channel or hole formed by the bar shall be kept open and the water kept running into it until the fill has settled. All work shall be done in such manner as to obtain a relative compaction through the entire depth of the backfill of not less than that existing adjacent to the excavation.
[CC 1974 §565.250; Ord. No. 773 §26, 6-1967]
Backfilling up to the first (1st) eighteen (18) inches above the top of the utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed four (4) inches in thickness. Layers that are power tamped shall not exceed six (6) inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over twenty-four (24) inches in diameter shall be carried up to the spring line of the pipe in three (3) inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes twenty-four (24) inches or less in diameter shall be flooded or tamped as specified above to a depth of eighteen (18) inches above the top of the pipe before any additional backfilling is placed thereon.
[CC 1974 §565.260; Ord. No. 773 §27, 6-1967; Ord. No. 774 §3, 7-1967]
Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six (6) inches above the rock bottom of the trench and the space under, around and six (6) inches above the pipe shall be backfilled with clean river sand, non-corrosive soil or one-quarter (¼) inch minus gravel or, in lieu thereof, said pipe may be protected by any means approved by the American Society of Mechanical Engineers. Broken pavement, large stones and debris shall not be used in any backfill.
[CC 1974 §565.270; Ord. No. 773 §28, 6-1967]
Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry-backfilling, the material shall be compacted with a roller of an approved type or with the rear of a truck carrying at least five (5) tons until the surface is unyielding. The surface shall then be graded as required.
[CC 1974 §565.280; Ord. No. 773 §29, 6-1967]
The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specifications of the Street Commissioner. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place and this fill shall be topped with a minimum of at least one (1) inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one (1) inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling conditions until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the Street Commissioner. If in the judgment of the Street Commissioner it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, he/she may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him/her over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.
Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the Street Commissioner to restore the street to its original and proper condition or as near as may be.
Acceptance or approval of any excavation work by the Street Commissioner shall not prevent the City from asserting a claim against the permittee and his/her or its surety under the surety bond required hereunder for incomplete or defective work if discovered within twelve (12) months from the completion of the excavation work. The Street Commissioner's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
[CC 1974 §565.290; Ord. No. 773 §30, 6-1967]
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the Street Commissioner, if he/she deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty-five percent (25%) of such cost in addition for general overhead and administrative expenses. The City shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided and the City shall also enforce its rights under the permittee's surety bond provided pursuant to this Chapter.
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for one (1) year after restoring it to its original condition.
[CC 1974 §565.300; Ord. No. 773 §31, 6-1967]
Except by special permission from the Street Commissioner, no trench shall be excavated more than two hundred fifty (250) feet in advance of pipe laying nor left unfilled more than five hundred (500) feet where pipe has been laid. The length of the trench that may be opened at any one (1) time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work as prescribed by the Street Commissioner. No timber bracing, lagging, sheathing or other lumber shall be left in any trench.
[CC 1974 §565.310; Ord. No. 773 §32, 6-1967]
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor.
[CC 1974 §565.320; Ord. No. 773 §33, 6-1967]
If in his/her judgment traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Street Commissioner shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such excavation work may be completed as soon as possible.
[CC 1974 §565.330; Ord. No. 773 §34, 6-1967]
In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the City Collector's office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
[CC 1974 §565.340; Ord. No. 773 §35, 6-1967]
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust and unsightly debris and between the hours of 10:00 P.M. and 7:00 A.M. shall not use, except with the express written permission of the Street Commissioner or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
[CC 1974 §565.350; Ord. No. 773 §36, 6-1967]
The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the Street Commissioner and should monuments or hubs be moved or destroyed, it shall be the duty of the permittee to replace same and, if necessary, resurvey the affected areas.
[CC 1974 §565.360; Ord. No. 773 §37, 6-1967]
The Street Commissioner shall make such inspections as are reasonably necessary in the enforcement of this Chapter. The Street Commissioner shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Article.
[CC 1974 §565.370; Ord. No. 773 §38, 6-1967; Ord. No. 774 §4, 7-1967]
Users of sub-surface street space shall maintain accurate drawings, plans and profiles showing the location and character of all major underground structures, including abandoned installations, and shall furnish copies to the Street Commissioner. Corrected maps shall be filed with the Street Commissioner within thirty (30) days after new installations, changes or replacements are made.
[CC 1974 §565.380; Ord. No. 773 §39, 6-1967]
The provisions of this Article shall not be applicable to any excavation work under the direction of competent town authorized by employees of the City or by any contractor of the City performing work for and in behalf of the City necessitating openings or excavations in streets.