A.
It shall be unlawful for any person or persons to cut into any paving,
curb, street, alley, sidewalk, or any City property for the purpose
of removing same, or for the constructing of a driveway, sidewalk,
or for any other purpose, or to make any excavations on City property
whatsoever without first having obtained a written permit issued by
the City Building and Purchasing Office. Any person or persons to
whom a permit is granted under this section shall maintain good and
sufficient barricades, guards, lights, and signals so as to fully
protect the public from injury or damage by reason of any cutting
or excavation made, and shall, before commencing any such work, file
with the City Building and Purchasing Office a performance bond with
sureties to be approved by the City Council of Seward, Nebraska, in
a sum set from time to time by the City Council, which bond shall
be conditioned as follows:
(1)
To cover and provide the cost of any unfinished, unskilled and
inadequate work;
(2)
That said applicant, if requested by the City, properly replace
and repair each and every place cut into any pavement, curb or sidewalk
under the rules as prescribed by the Street Superintendent in as good
a condition as before the same was cut;
(3)
That said applicant will promptly compensate the City for all
work done by the City in replacing or repairing any places cut in
pavement, curb or sidewalk or for any excavation made into any City
property, in order to place the same in as good a condition as it
was before the same was cut;
(4)
That the applicant will obey the ordinances and regulations
of the City;
(5)
That the applicant will defend, save harmless and indemnify
the City of Seward, Nebraska from any and all liability, claims, damages,
judgments, costs and expenses of every nature and description caused
by or growing out of the cutting or removal of any paving, curb or
sidewalks or any excavation made on City property not covered by or
provided for by liability or property damage insurance.
B.
The applicant shall also provide certificates of liability insurance
coverage for bodily injury coverage and coverage for property damage
in sums set from time to time by the City Council.
C.
Permits for curb cuts, street cuts, driveway access and excavation
shall be issued by the Street Superintendent in accordance with the
ordinances and the rules and regulations and specifications which
are adopted by the governing body. A copy of such rules, regulations
and specifications and any amendments thereto shall be filed with
the City Clerk, Street Superintendent and Building Department.
