No person shall remove, displace or injure any pavement, curbing,
sidewalks or crosswalks on any street in the city for the purpose
of making a connection with or repairing any gas pipe, water pipe
or sewer or for any other purpose without a permit issued by the City
Engineer.
A.
A person desiring the permit required by the provisions of this article
shall make written application to the City Engineer upon a form provided
by the City. The fee for said permit shall be established from time
to time by resolution of the Common Council.
[Amended 6-17-2014 by Ord. No. 14-03]
B.
The person requesting the permit shall sign the same and thereby
agree to accept the following conditions contained in the application:
(1)
Permission is hereby granted to the person requesting this permit
to excavate in the public highway in front of location designated
on permit and for the period and purpose stated, the work to be done
under the supervision and according to the directions of the City
Engineer.
(2)
The permit will be granted upon the express promise and agreement
of the person to whom the same is granted that he will erect and maintain
suitable guards and lights to prevent injury to persons or property
by or in consequence of said excavations and that such person will
indemnify the city and hold the city harmless against all loss, damage
or other expense that may arise by or through any neglect of such
person or those in his employ to erect or maintain such guards or
lights, or either of them; also upon the further promise and agreement
that the person accepting this permit shall replace and restore said
street to as good condition as it was prior to such excavation or
as specified by the City Engineer.
C.
The person obtaining the permit shall also agree that in case the
repair of the pavement is not carried out within a reasonable length
of time or the repair is made in an unsatisfactory manner, the city
shall proceed to do the work either with its own Department of Public
Works forces or by a contractor and the cost of the same shall be
borne by the person obtaining the permit.
D.
The applicant shall agree that at all times during the existence
of the permit he will maintain in force, furnish and file with the
city, at its own expense, a general comprehensive liability insurance
policy in protection of the city, its boards, commissions, officers,
agents and employees, in a company authorized to do business in the
state and in form satisfactory to the City Attorney, protecting the
city and said persons against liability for loss or damages for personal
injury, death and property damage occasioned by the operations of
applicant under the permit, with minimum liability limits of $250,000
for personal injury or death of any one person and $500,000 for personal
injury or death of two or more persons in any one occurrence, and
$50,000 for damage to property resulting from any one occurrence.
Such policies shall contain a provision that a written notice of any
cancellation or reduction in coverage of said policy shall be delivered
to the city 10 days in advance of the effective date thereof. If such
insurance is provided in either case by a policy which also covers
the applicant or any other person than those above named, then such
policy shall contain the standard cross-liability endorsement.
E.
An applicant for a permit where only one request is made for a short
period of time shall furnish the city with proof of the required insurance
and also provide a bond or, in lieu thereof, a certified check, made
out to the City of Oneida, New York, in an amount equal to the cost
of the pavement repair as estimated by the City Engineer. This sum
will be used to repair the pavement in case the applicant signing
the permit does not complete the work within a reasonable length of
time. The check will be returned, however, if the repair work is completed
without any expense to the city and approved by the City Engineer.
The depositing of such check shall not relieve the applicant of the
responsibility of fulfilling the obligations required by ordinance
but will be used by the city as a guaranty that the work will be performed
in a satisfactory manner.
F.
Extended maintenance costs. Extended maintenance costs in addition
to the regular permit fee shall be paid by the permit applicant whenever
an excavation will be made in a newly reconstructed or newly resurfaced
pavement. There shall be extended maintenance costs charged at the
time of permit issuance for a period of six years after a street has
been reconstructed and for a period of five years after a street has
been resurfaced with asphalt concrete. The cost of the extended maintenance
shall be based on the size of the pavement excavation as determined
by the City Engineer.
[Amended 6-17-2014 by Ord. No. 14-03]
An applicant for the permit required by this article shall,
if request is made during the year for several permits in various
locations throughout the city, file with the City Clerk before application
is made for a permit and at all times thereafter maintain in full
force and effect for the period in which permits will be requested,
at its expense, a corporate surety bond, in a company approved by
and in a form satisfactory to the City Attorney, in the amount of
$10,000 renewable annually, and conditioned upon the faithful performance
of the applicant. In the event the applicant shall fail to comply
with any one or more of the provisions of the permit or this article,
then there shall be recoverable jointly and severally from the principal
and surety of such bond any damages or loss suffered by the city as
a result thereof, including the full amount of any compensation, indemnification
or cost of renewal or abandonment of property as prescribed herein
which may be in default and costs up to the full amount of the bond;
said condition to be a continuing obligation for the duration of the
permit and thereafter until the applicant has liquidated all of its
obligations with the city that may have arisen from the acceptance
of the permit by the applicant or from its exercise of any privilege
herein granted. The bond shall provide that 30 days' prior written
notice of intention not to renew, cancellation or material change
be given to the City Clerk.
Neither the provisions of this article, any bond accepted by
the city pursuant hereto, nor any damages recovered by the City hereunder
shall be construed to excuse faithful performance by a permit applicant
or limit the liability of the applicant under the permit or for damages
either to the full amount of the bond or otherwise.
Any violation of any of the provisions of this article or of
the rules and regulations contained in any permit granted in accordance
with the terms thereof shall be a misdemeanor.
