[Amended 4-18-2000; 1-8-2001; 4-7-2003; 4-18-2017]
As used in this article, the following terms shall have the
meanings indicated:
The City of Saco and/or its public works.
Permit issued by the City to a licensed contractor for construction
or reconstruction of any portion of a residential or commercial driveway
within the public right-of-way.
Any opening in the surface of a public place made in any
manner whatsoever, except an opening in a lawful structure below the
surface of a public place, the top of which is flush with the adjoining
surface and so constructed as to permit frequent openings without
injury or damage to the public place.
Pipe, pipeline, tube, main, service, trap, vent, vault, manhole,
meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line,
anchor, cable, junction box or any other material, structure or object
of any kind or character, whether enumerated herein or not, which
is or may be lawfully constructed, left, placed or maintained in,
upon, along, across, under or over any public place.
A duly authorized representative of the City, including the
Director of Public Works, the City Engineer or their representatives.
Any person who has been issued a contractor license by the
City to work within public places and public rights-of-way in the
City.
Any public place which has been newly built or rebuilt within
the preceding five years.
Any person who has obtained a permit as required by this
article.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any public street, way, place, alley, sidewalk, park, square,
plaza or any other similar public property owned or controlled by
the City and dedicated to public use.
Permit issued by the City to a licensed contractor for any
construction activity within the public right-of-way, excluding work
associated with residential or commercial driveways.
A private company, corporation or quasi-municipal corporation
under the direction and control of the Public Utilities Commission.
A.
No person or utility shall be granted an opening permit to work in a public place without holding a valid Contractor License for such work from the City. The Public Works Department shall issue such license upon receipt of a completed application; determination of competency and ability of the applicant to perform work in accordance with City standards; receipt of the required annual license fee; receipt of proof of insurance as required in § 186-31; and receipt of bond or cash deposit. A Contractor License may be revoked if the City determines the person or utility has willfully disobeyed any portion of this article. The Contractor License is valid for one year unless an extension is approved by the Director.
B.
Bonds or cash deposits shall be required for all licensed contractors
in good standing, other than utilities, in order to guarantee their
performance. Bonds in the amount of $5,000 or cash deposit in the
amount of $2,500 shall be provided to the City in order for a license
to be issued. Bonds shall be posted for a minimum of two years. Cash
deposits shall be refunded on an annual basis in an amount not to
exceed $2,000 upon approved completion of all conditions of this article.
A.
No licensed contractor shall make any excavation or fill any excavation
in any public place without first obtaining an opening permit from
the Director of Public Works, except as otherwise provided in this
article.
(1)
Examples of work typically requiring an opening permit include, but
are not necessarily limited to, installation of utilities, driveways,
curbing or sidewalks; excavation or filling for grading purposes;
or any other modification that could either damage the City's infrastructure
or conflict with existing or planned utility or infrastructure locations.
(2)
Construction activities limited to the repair/reconstruction of existing
driveways or construction of new driveways within any public place
(primary activity) are required to obtain a driveway opening permit.
The work associated with these construction activities may also include
ancillary sidewalk and curb restoration work associated with the primary
activity.
(3)
All other construction activities within a public place are required
to obtain a street opening permit.
B.
Each year, on or about March 31 and updated monthly thereafter, each utility should submit to the Director of Public Works its planned work program for the ensuing year, which will not include emergency work, as defined in § 186-21 hereof, or normal hours service lines. Any opening permit issued to a utility company by the Director of Public Works which is contained on the list aforementioned shall be issued for the duration depending on the complexity of the work to be performed and supported by a work schedule which must be approved by the Director of Public Works. Any opening permit issued to a utility company by the Director of Public Works which is not covered on the aforementioned list shall be issued for a period not to exceed 30 days from the time of issuance. All opening permits issued under this section will terminate on November 1 of each year.
C.
Excavation work must be started no later than 30 days from the date
of issuance of the opening permit. After the expiration of this thirty-day
period, the opening permit shall become null and void and shall have
to be renewed.
D.
Excavation shall not begin within a twelve-hour period from the time
the opening permit is issued. The applicant shall notify the Director
of Public Works when excavation will begin, at least 12 hours beforehand.
E.
The Director of Public Works or his/her duly authorized representative
shall have the authority to revoke the opening permit if it is found
that any section of this article has been violated. Upon such action,
the person or utility shall cease all work and proceed to make trench
conditions safe to the public. Work shall not commence until a new
opening permit has been issued and all waiting periods have been adhered
to.
A.
No opening permit shall be issued unless a written application, on
a form provided by the City for the issuance of an opening permit,
is submitted to the Director of Public Works. The written application
shall state the name and address of the applicant, licensed contractor,
and an emergency phone number that will be answered 24 hours a day.
(1)
If the applicant is other than a utility and intends to excavate
in the vicinity of a facility owned or operated by a public utility
or an oil pipeline owned by a person, the applicant shall provide
the information required by the City under this section to the utility
or person owning such facility, in addition to providing such information
to the City.
(2)
The application shall provide the name of the public place to be
excavated, the street number, the beginning date of proposed work
and the type of work to be done. Signatures of utility approval, the
signature of the City department (if involved) and a diagram of the
planned excavation, submitted on a sketch 8 1/2 inches by 11 inches,
marked "Exhibit A," showing trench locations, trench widths, trench
depths and the location of all barricades, warning signs, detour signs
and detour routes may be required by the Director of Public Works.
This sketch shall become part of the permit and shall be strictly
followed. Three copies shall be presented with the application.
(3)
The permit shall also provide for a preconstruction meeting if so
warranted by the Director of Public Works.
B.
The application for an opening permit shall be accompanied by a cash
deposit as hereinafter provided. All applications shall be presented
to the Director of Public Works for the issuance of an opening permit,
within 30 days from the date of the last utility approval. After the
expiration of this thirty-day period, the application shall become
null and void and shall have to be renewed.
A.
A fee established by the City Council after a public hearing shall
be paid for each opening permit or renewal thereof. Each opening permit
may be assessed two fees; an administrative charge and a permanent
pavement restoration charge as follows:
(1)
Administrative. This fee shall reimburse the City for the direct
cost of labor and equipment necessary to administer the rules and
regulations of this article and the rehabilitation of the City streets
primarily due to excavations.
(2)
Permanent pavement restoration. This fee shall cover the City's cost
of permanently restoring the disturbed pavement area.
B.
Effective April 18, 2017, all fees and charges collected by the Administrator
in the issuance of permits pursuant to this article shall be placed
in a fund dedicated and utilized solely for the administration of
this article and the rehabilitation of City streets primarily due
to excavations.
C.
Public utility companies. Where excavations are made by public utility
companies operating under a franchise issued by the City or under
the supervision of the Public Utility Commission or utilities operated
by governmental agencies, a permit may be granted without assessment
of the permanent pavement restoration fee. In such cases, the utility
company shall be liable for the cost to repair the opening in accordance
with City standards and maintenance of the repair for a three-year
period.
The excavation work shall be performed and conducted so as not
to interfere with access to fire hydrants, fire stations, valve housing
structures, traffic signal cables and loops and all other equipment
as designated by the City.
A.
The permittee shall, in general, maintain safe crossings for two
lanes of vehicle traffic at all street intersections where possible
and safe crossings for pedestrians at intervals of not more than 200
feet. If any excavation is made across any public street, alley or
sidewalk, adequate crossings shall be maintained for vehicles and
for pedestrians. If the street is not wide enough to hold the excavated
material without using part of the adjacent sidewalk, a passageway
at least 1/2 of the sidewalk width shall be maintained along such
sidewalk line.
B.
It shall be the duty of every permittee cutting or making an excavation
in or upon any public place to place and maintain barriers and warning
devices necessary for the safety of the general public. Traffic control
in the vicinity of all excavations affecting vehicular, pedestrian
and bicycle traffic shall be subject to final review and approval
of the Traffic Engineer or his/her designated representative.
C.
Barriers, warning signs, lights, etc., shall conform to the latest
edition of the Manual on Uniform Traffic Control Devices. Warning
lights shall be electrical markers or flashers used to indicate a
hazard to traffic from sunset of each day to sunrise of the next day.
Electrical markers or flashers shall emit light at sufficient intensity
and frequency to be visible at a reasonable distance for safety. Reflectors
or reflecting material may be used to supplement, but not replace,
light sources.
D.
The permittee shall take appropriate measures to assure that during
the performance of the excavation work, traffic conditions as near
normal as possible shall be maintained at all times so as to minimize
inconvenience to the occupants of the adjoining property and to the
general public.
E.
When traffic conditions permit, the Public Works Director or his/her
designated representative, with the approval of the Police and Fire
Departments of the City, may, by written approval (or by verbal approval
in case of emergency), permit the closing of streets and alleys to
all traffic for a period of time prescribed by him/her, if in his/her
opinion it is necessary. The written approval of the Public Works
Director may require that the permittee give notification to various
public agencies and to the general public. In such cases, such written
approval shall not be valid until such notice is given. In case of
emergency on weeknights, weekends or holidays, the utility company
having such emergency shall contact the Police and Fire Departments
by phone before closing a street to traffic, except in a case of immediate
hazard of loss of life or serious property damage, in which event
prompt notice of closing shall be given.
F.
Warning signs shall be placed far enough in advance of the construction
operation to alert traffic within a public street, and cones or other
approved devices shall be placed to channel traffic in accordance
with the instructions of the Public Works Director, after his/her
review of the proposed traffic control measures for the project.
G.
The permittee shall hereby be informed that the Public Works Director
will require special police protection at locations where the permittee,
by his/her work, interferes with school walk routes or crossing locations.
H.
The permittee is also informed that construction activities (unless
an emergency condition exists) shall not interfere with the normal
flow of traffic on arterial streets of the City, except to the extent
and under conditions approved by the Public Works Director and Police
and Fire Departments. The full roadway lane width shall be maintained
between the hours of 6:45 a.m. and 8:30 a.m. and between the hours
of 4:00 p.m. and 9:00 p.m.
I.
The permittee may shift traffic to the opposite side of the roadway
to maintain the above-required lane width. The permittee may only
make such shift with the approval of the Public Works Director, following
proper review of detour plans to ensure adequate, safe two-way traffic
flow and proper number and placement of police officers.
The permittee shall not interfere with any existing facility
without the written consent of the City and the owner of the facility.
If it becomes necessary to relocate an existing facility, this shall
be done by its owner. No facility owned by the City shall be moved
to accommodate the permittee unless the cost of such work shall be
borne by the permittee. The cost of moving privately owned facilities
shall be similarly borne by the permittee, unless it makes other arrangements
with the person owning the facility.
A.
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 and do everything necessary
to support, sustain and protect them under, over, along or across
the work. The permittee shall secure approval of method of support
and protection from the owner of the facility.
B.
In case any pipes, conduits, poles, wires or apparatus should be
damaged, and for this purpose pipe coating or other encasement or
devices are to be considered as part of a substructure, the permittee
shall promptly notify the owner thereof. All damaged facilities shall
be repaired by the agency or person owning them, and the expense of
such repairs shall be charged to the permittee.
C.
It is the intent of this section that the permittee shall assume
all liability for damage to facilities, and any resulting damage or
injury to anyone because of such facility damage and such assumption
of liability is a contractual obligation of the permittee. The only
exception will be such instances where damage is exclusively due to
the negligence of the owner of the facility. The City shall not be
made a party to any action because of this section. The permittee
shall inform itself as to the existence and location of all underground
facilities and protect the same against damage.
A.
Whenever the use of a substructure is abandoned, except the abandonment
of service lines designed to serve single properties, the person or
utility owning, using or controlling such substructure or having an
interest therein shall, within 30 days after such abandonment, file
with the City a statement, in writing, giving in detail the location
of the substructure so abandoned. If such abandoned structure is in
the way or subsequently becomes in the way of an installation of the
City or any other public body, the owner of such substructure shall
establish if the substructure is abandoned and make the first cut
or tap before allowing the substructure to be removed by the excavator.
B.
When gas or other flammable service to buildings is discontinued,
the existing service line for such service shall be terminated at
a point outside the building.
The permittee shall not remove, even temporarily, any trees
or shrubs which exist in the street area without first obtaining the
consent of the appropriate City department or City official having
control of such property.
A.
All work shall be conducted in strict accordance with the latest
regulations of OSHA for excavations.
B.
All excavations shall be performed in accordance with the City of
Saco Department of Public Works specifications or in a manner prescribed
by the Public Works Director for circumstances not covered by the
specifications.
C.
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.
D.
Where the confines of the area being excavated are too narrow to
permit the piling of excavated material beside the trench, the City
shall have the authority to require that the permittee haul the excavated
material to a storage site and then rehaul it to the trench site at
the time of backfilling.
E.
It shall be the permittee's responsibility to secure the necessary
permission and make all necessary arrangements for all required storage
and disposal sites.
F.
All material excavated shall be laid compactly along the side of
the trench and kept trimmed so as to cause as little inconvenience
as reasonably possible to vehicular and pedestrian traffic or as specified
by the City. Whenever necessary in order to expedite the flow of traffic
or to abate the dirt or dust nuisance, toe boards or bins may be required
by the City to prevent the spreading of dirt into traffic lanes.
A.
All excavations on paved street surfaces shall be precut in a neat
straight line with pavement breakers or saws.
B.
Heavy-duty pavement breakers may be prohibited by the City when the
use endangers existing underground facilities or other property.
C.
Cutouts of the trench lines must be normal or parallel to the trench
line.
D.
Pavement edges shall be trimmed to a vertical face and neatly aligned
with the center line of the trench.
E.
Unstable pavement shall be removed over caveouts and overbreaks,
and subgrade shall be treated as the main trench.
F.
The permittee shall not be required to pay for repair of pavement
damage existing prior to the excavation, unless his/her cut results
in small floating sections that may be unstable, in which case the
permittee shall remove the unstable portion, and the area shall be
treated as part of the excavation.
G.
When three or more street openings are made in sequence (15 factor
less, center to center, between each adjacent opening), the permittee
shall neatly cut and remove the area of pavement between these adjacent
openings and shall patch as one trench.
B.
On concrete sidewalks, all cuts shall be made from the nearest joint
or score line on one side of the excavation to the nearest joint or
score line on the other side of the excavation.
C.
All bricks in the way of excavation shall be removed by the permittee
prior to the work to be done and transported to a storage site to
be selected by the City.
Upon completion of the utility installation, the trench shall
be backfilled to the grade of the underside of the surfacing material.
A.
Trench backfilling; paved areas. In paved areas, the backfill material
shall be that excavated material which the inspector deems suitable
and which the excavator may have stockpiled, or it shall be a granular
material from off site. Granular material for trench backfill shall
be approved by the inspector and shall meet the requirements of the
American Association of Highway Officials (AASHO) Specification M145-49,
Classification A-3 or better. No stones over three inches in size,
roots or other organic matter or frozen material will be allowed in
the backfill material.
(1)
The backfill shall be placed and compacted in layers not exceeding
nine inches in depth. The moisture content of the fill material shall
be such that 95% of optimum density, as determined by field tests,
may be obtained. The maximum density shall be determined in accordance
with AASHO Specification T180, Method C or D. The inspector shall
reserve the right, if in his/her opinion the compaction is not adequate,
to perform such tests necessary to confirm that the required compaction
has been attained. The cost of such tests shall be borne by the excavator
should they not meet the above requirements. If it is found that the
above requirements have not been met, the excavator shall recompact
and/or reexcavate and compact as necessary until the density requirements
have been met. Compaction methods shall be the option of the excavator,
provided that required densities can be met without disturbing or
damaging existing facilities.
(2)
Minimum depths of base and subbase materials in paved areas shall
be those required under this article, unless existing conditions exceed
these minimums.
B.
Trench backfilling; nonpaved areas. For nonpaved areas the trench may be backfilled with excavated material or with granular material described as specified in Subsection A above. The material shall be placed in layers not to exceed two feet and compacted to assure a reasonably firm mass and to minimize subsequent settlement. Specific density requirements will not apply in these areas except that the permittee shall maintain any apparent trench settlement for a period of six months after the excavation has been completed.
A.
Temporary resurfacing by the permittee. The top surface of the backfill
shall be covered with three inches compacted depth of bituminous temporary
resurfacing material by the permittee. Such temporary paving material
shall be cold mix, except that the permittee may use or the City may
require hot mix. All temporary paving material shall conform closely
enough to the level of the adjoining paving surface and shall be compacted
so that it is hard enough and smooth enough to be safe for pedestrian
travel over it, as well as for vehicular traffic to pass safely over
it at a legal rate of speed. The permittee shall maintain temporary
paving for a period not exceeding six months after all backfilling
is completed and shall keep the same safe for pedestrian and vehicular
traffic until the excavation has been resurfaced with permanent paving
by the City, except that if it is not possible to maintain the surface
of the temporary paving in a safe condition for pedestrian travel
or vehicular traffic, then the permittee shall maintain barriers and
light where required herein.
B.
Permanent resurfacing by the City. Upon completion of the backfilling
and temporary resurfacing of an excavation within a public place for
the installation or removal of a substructure, the City shall permanently
resurface that portion of the street surface damaged by the permittee's
excavation, except that, upon written request by a utility and approval
by the Director of Public Works, the utility may contract privately
to repair the street and/or sidewalk, all work to be done in accordance
with City standards. The cost to complete the permanent resurfacing
work by the City will be paid through the permanent pavement restoration
fee that is assessed to the permittee as part of the opening permit
application.
C.
Refilling of bar holes. Any person or utility making bar holes in
the street or sidewalk area of any public way shall, immediately upon
completion of the work, fill these bar holes by the method set forth
below:
(1)
Plugging of bar holes. Bar holes shall be plugged by the use of Plug-R
asphalt plugs made by the Package Pavement Company, Stormville, New
York, or approved equal.
(2)
The size of the asphalt plug to be used shall be as follows:
|
Size of Plug
(inches)
|
Approximate Drill Size
(inches)
|
Top Diameter Plug
(inches)
|
|---|---|---|
|
3/4
|
3/4
|
1
|
|
7/8
|
1
|
1 1/4
|
|
1 1/8
|
1 1/4
|
1 1/2
|
|
1 1/4
|
1 1/2
|
1 3/4
|
|
1 1/2
|
1 3/4
|
2
|
|
1 3/4
|
2
|
2 1/4
|
D.
Unfilled bar holes. Any bar holes left unfilled will be repaired
by the City, and the minimum two square yards per hole will be charged
to the permittee at the rate set forth herein.
The maximum length of open trench permissible at any time shall
be 100 feet, and no greater length shall be opened for pavement removal,
excavation, construction, backfilling, patching or other operation
without the written permission of the City. No trench exceeding five
feet in length shall remain open through night hours or nonworking
days without the written permission of the City, which permission
may be made conditional upon having the excavation guarded or protected
by a watchman, at the permittee's expense, 24 hours a day. Trenches
shall be at a width that will allow the backfill materials to be thoroughly
compacted. When an excavation is within a paved area, the trench area
within the pavement and road or sidewalk base area shall not be less
than 24 inches in width.
After an excavation is commenced the permittee shall pursue,
with diligence and expedition, all excavation work covered by the
opening permit and shall promptly complete such work and restore the
disturbed area as specified herein. The permittee shall perform such
restoration work so as not to obstruct, impede or create a safety
hazard to public travel by foot or vehicle. The permittee must renew
the opening permit far enough in advance of the expiration date if
the terms of the permit have not been completed before expiration.
When traffic conditions, the safety or convenience of the traveling
public or the public interests require that the excavation work be
performed as emergency work, the City shall have the full power to
order, at the time the permit is granted, that a crew of men and adequate
facilities be employed by the permittee beyond normal working hours,
including up to 24 hours a day to the end, that such excavation work
may be completed as soon as possible.
A.
Nothing in this article shall be construed to prevent the making
of such excavations as may be necessary for the preservation of life
or property or for the location of trouble in conduit or pipe or for
making repairs, provided that the person making such excavation shall
apply to the City for such a permit on the first working day after
such work is commenced. Before any excavation work is started, the
person or utility excavating must contact all utilities or persons
owning oil pipelines in the area for on-the-spot locations.
B.
Within 15 days after commencing any such emergency excavation, the
person performing such emergency excavation shall make a detailed
report thereof to the Director of Public Works, who shall review the
same to determine whether or not such excavation was of an emergency
nature. No further permits under this section shall be issued to the
person or utility making such excavation after the expiration of the
fifteen-day period until such report has been submitted.
Each permittee shall conduct and carry out 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 City or in
case of an emergency as herein otherwise provided, any tool, appliance
or equipment producing noise of sufficient volume to disturb the sleep
of occupants of the neighboring property.
Any monument set for the purpose of locating or preserving the
lines of any street or property subdivision or a precise survey reference
point or a permanent survey benchmark within the City shall not be
removed or disturbed or caused to be removed or disturbed without
first obtaining permission, in writing, from the City to do so. Permission
to remove or disturb such monuments, reference points or benchmarks
shall be granted only when no alternate route for the proposed substructure
or conduit is available. If the City is satisfied that no alternate
route is available, permission shall be granted only upon the condition,
by an agreement in writing, that the person or utility applying for
such permission shall pay all expenses incident to the proper replacement
of this monument by the City.
No person or utility shall remove, damage, haul away or cause
misalignment of any granite curbing, including radius curb and catch
basin stones, for any reason whatsoever without first receiving written
permission from the City. Any curb missing, damaged or misaligned
shall be replaced by the contractor.
Any person or utility damaging bituminous and concrete curbing
during the course of excavation work or for any other reason shall
be charged for the repair or replacement of the bituminous and concrete
curbing at the rate set forth herein.
A.
The Director of Public Works may, at his/her discretion, deny any
street opening permit if he/she feels, in his/her judgment, such excavation
would endanger the life or property of Saco citizens or if such excavation
would endanger the general public or interfere with snow maintenance.
The denial may be appealed within 30 days to the Saco City Council,
and all denials by the Director of Public Works shall be made in writing
to the applicant. Street opening permits for arterial streets will
not be granted between December 1 and April 1 of each year, unless
it can be shown that denial will create an undue hardship.
B.
The arterial streets are Main Street, United States Route No. 1,
Beach Street, North Street, Industrial Park Road and Bradley Street.
A.
No person or utility shall, without written permission of the City,
install any facility, except manholes, vaults, valve casings, culverts
and catch basins, at a vertical distance less than 24 inches below
the established flow line of the nearest gutter in street areas. If
the flow line is not established, then the depth shall be at a minimum
of 24 inches below the surface of the nearest outermost edge of the
traveled portion of the street.
B.
Other public places. The minimum depth of any facility on any other
public place shall be 18 inches below the surface; provided, however,
that the City may permit a lesser depth in special cases.
C.
Nothing in this section shall impose a duty upon the permittee to
maintain said specifications as required herein upon subsequent changes
of grade in the surface, unless the grade in the facility interferes
with the maintenance of or travel on a public street.
The City shall make such inspections as are reasonably necessary
in the enforcement of this article. The City 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.
Every person or utility owning, using, controlling or having
an interest in substructures under the surface of the public way used
for the purpose of supplying or conveying gas, electricity, communication,
impulse, water, steam, ammonia or oil in the City shall file with
the City, after the adoption of this article, a map or set of maps,
each drawn to scale commonly used by the utility, showing in detail
the plan, location, size and kind of installation of all new and/or
renewed substructures except service lines designed to serve single
properties. These maps shall be provided to the City no later than
60 days after the completion date of construction.
This article shall not be construed as imposing upon the City
or any official or employee any liability or responsibility for damages
to any person injured by the performance of an excavation work for
which an excavation permit is issued hereunder, nor shall the City
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
A public liability insurance certificate naming the City as
an additional insured shall be provided by the licensed contractor.
The permittee shall maintain during the life of any opening permit
the following insurance, which shall be made a part of the permit
application:
A.
Bodily injury liability and property damage liability insurance.
The contractor shall take out and maintain during the life of this
permit such bodily injury liability and property damage liability
insurance and automobile bodily injury liability and property damage
liability insurance as shall protect him and any subcontractor performing
work covered by this permit from claims for damages for personal injury,
including accidental death, as well as from claims for property damage
which may arise from operations under this permit, whether such operations
be by himself or by any subcontractor or by anyone directly or indirectly
employed by either of them, and the amounts of such insurance shall
not be less than the following:
(1)
Bodily injury liability insurance, in an amount not less than $1,000,000
for injuries, including wrongful death to any one person, and subject
to the same limit for each person in an amount not less than $1,000,000
on account of one accident.
(2)
Property damage insurance, in an amount not less than $2,000,000
for damages on account of any one accident and in an amount not less
than $2,000,000 for damages on account of all accidents.
Whenever the City has developed plans to reconstruct a street,
the City or its representative shall give written notice thereof to
all abutting property owners, to the City departments and to all public
utilities or persons who or which have or may wish to lay pipes, wires
or other facilities in or under the highway. Upon receipt of such
written notice, such person or utility shall have 60 days in which
to install or lay any such facility. If an extension of time is needed
by a person or utility for the installation of such facilities, the
person or utility shall make a written application to the City explaining
fully the reasons for requesting such an extension of time. At the
expiration of the time fixed and after such street has been reconstructed,
no permit shall be granted to open such street for a period of five
years, unless an emergency condition exists or unless the necessity
for making such installation could not reasonably have been foreseen
at the time such notice was given.
Any person, firm or corporation who or which violates any of
the provisions of this article shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than $25 and not
more than $100. Each day such violation continues shall constitute
a separate offense.
A.
If the work or any part thereof mentioned in the preceding sections
of repairing or backfilling the trenches or excavations aforesaid
shall be unskillfully or improperly done, the City shall cause the
same to be skillfully and properly done and shall keep an account
of the expense thereof, and in such case such person or utility shall
pay the City an amount equal to the whole of the expense incurred
by the City, with an additional amount of 50%. Thereafter, upon completion
of the work and the determination of the costs thereof, the City shall
issue no further or new permits to any person or utility until it
shall receive payments of said costs.
B.
Any person or utility who or which continues to violate any section
of this article shall receive no further permits until such time as
the City is satisfied that the person or utility shall comply with
the terms of this article.
