§ 40-48. Excavations.

(a)

Authorization required. No person or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ditch, public ground, public sidewalk or City-owned easement within the City without specific authorization therefor from the Director of Public Works.

(b)

Application. The request for authorization shall be in writing and signed by the applicant or his agent. The applicant shall submit to the Director of Public Works, at the time authorization is requested, sufficient information relating to the work to be done including the general location and nature of the work and the method applicant proposes to use in doing the work. The Director of Public Works shall determine if sufficient information is submitted.

(c)

City work excluded. The provisions of this section shall not apply to excavation work under the direction of City departments or employees or to contractors performing work under contract with the City necessitating openings or excavations in City streets.

(d)

Validity of approval. Authorization shall be valid for a period of 30 days from the date of approval, except as provided for under Section 40-49(g) for pavement replacement.

(e)

Renewal of authorization. If authorized operations will continue beyond the 30-day validation period, the permittee shall apply for a 30-day extension by request to the Director of Public Works and payment in the amount established by the Common Council and made available through the City Clerk-Treasurer's office. Renewals shall be issued at the discretion of the Director of Public Works.

(f)

City standards; fees.

(1)

City standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and Section 40-49. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

(2)

Fee. The fee for making openings in streets, alleys, sidewalks, or public ways shall be an amount established by the Common Council and made available in the City Clerk-Treasurer's office.

(g)

Insurance required. Authorization shall be granted only upon condition that the applicant submit to the Director of Public Works satisfactory written evidence that the applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $500,000.00 per one person, $500,000.00 for one accident and property damage coverage of not less than $500,000.00.

(h)

Bond.

(1)

Before a permit for excavating or opening any public street, sidewalk, ditch, alley or public right-of-way may be issued, the applicant must execute and deposit with the City an indemnity bond in the sum of $10,000.00 conditioned that he will indemnify and save harmless the City and its officers from all liability for accidents and damage caused by any of the work covered by his permit, and that he will fill up and place in good and safe condition all excavations and openings made in the street, and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Director of Public Works for a period of one year, and that he will pay all fines of forfeitures imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the Common Council and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the City. Such bond shall also guarantee that, if the City shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year. Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violation of law during the period of excavation for which it is given.

(2)

An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified in this section and in the amount determined by the Director of Public Works as necessary to adequately protect the public and the City.

(3)

Faulty work or materials shall be immediately replaced by the permittee upon notice by the City. Failure to correct deficiencies shall result in a one year revocation of the right to obtain a street opening permit. The Common Council shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20 percent for administration.

(4)

The person who does such restoration shall be responsible therefor for one year from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the City in an amount determined by the Director of Public Works.

(5)

Whenever the Common Council shall find that any such work has become defective within one year of the date of completion, it shall give written notice thereof to the contractor or to his surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Common Council to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the City for the cost of doing the work as set forth in the notice.

(i)

Public utilities. All public utilities as defined in Wis. Stats. § 196.01, are hereby required to be bound by the terms and conditions of this section, Section 40-49, and any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the indemnity bond.

(Code 1991, § 6-2-3)