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08/21/2012 04H YMC Amendment 8.72; Permits for Excavations/Obstructions Within Public Rights of Way, Public Property BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I n- For Meeting of: August 21, 2012 ITEM TITLE: An Ordinance amending Chapter 8.72 YMC pertaining to standards for issuance of permits for excavations and obstructions within public rights of way and public property. SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development Doug Mayo, City Engineer CONTACT Doug Mayo, City Engineer /509- 576 -6678 PERSON /TELEPHONE: SUMMARY EXPLANATION: Chapter 8.72 YMC sets standards and procedures for issuance of permits for excavation and obstructions within public rights of way and other public property. Such permits are commonly known as "Street Break Permits." These provisions include sections requiring that the applicant produce sufficient bonding and maintain insurance for such projects. The amendment incorporates current standards for traffic control and updates the requirements for insurance necessary for issuance of a permit. Insurance requirements will now be consistent with the standards applicable to the City's "Shovel Ready List" requirements for City contractors. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Ordinance BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Ordinance ❑ Exhibit - Clean Copy ❑ Exhibit - Legislative Format ORDINANCE NO. 2012 - AN ORDINANCE amending Chapter 8.72 of the Yakima Municipal Code regarding standards and procedures for issuance of permits for excavations and obstructions within public rights of way and public property. WHEREAS, the City Council has previously adopted ordinances establishing standards and procedures for issuance of permits for excavation and obstructions within public rights of way and public property, all as codified at Chapter 8.72.YMC; and WHEREAS, the City Council finds and determines that such chapter should be amended to clarify and supplement existing procedures and standards, including insurance requirements, regarding permits for excavation and obstructions within public rights of way and public property; and WHEREAS, the City Council finds and determines that Chapter 8.72 YMC should be amended as shown and set forth in Exhibit "A" attached hereto and by this reference incorporated herein, and that such amendment is in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 8.72 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. . PASSED BY THE CITY COUNCIL, signed and approved this 21s day of August, 2012. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date:. Chapter 8.72 EXCAVATIONS — OBSTRUCTIONS Sections: 8.72.010 Permit required —Fee. 8.72.020 Permit application— Conditions. 8.72.030 Notice to fire chief and director of public works. 8.72.040 Purpose of permit— Backfilling— Repair of sidewalk. 8.72.045 Barricading —Rules and regulations. 8.72.050 Barricades — Lights. 8.72.060 Bond. 8.72.070 Indemnification and Hold Harmless. 8.72.080 Insurance. 8.72.090 Denial of permit. 8.72.010 Permit required —Fee. A. Permit Required— Administration of Chapter. (1) It is unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or fill in, place, leave or deposit in or upon any sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first having obtained a permit therefor. The issuance of such permits and the administration and enforcement of provisions of this chapter shall be performed by the office of the director of community and economic development or designee. (2) In case of an emergency arising outside of office hours when an immediate excavation may be necessary for the protection of life and property, it shall be reported to the director of community and economic development or designee on the first working day thereafter. The permit for said work shall be obtained at the time of reporting. (3) Classification. For the above- described purpose of regulating excavations and obstructions by permits, there are established two classifications of permits: one to be known as the "utility classification," and the other to be known as the "non- utility classification." The utility classification shall include all such permits issued to franchise utilities or their subcontractors for such work incidental to 1 installation, repair, modification, or removal of utility lines or related components. The non- utility classification shall include all other permits issued. B. Fee. (1) Basic Fee. A basic fee shall be paid by the applicant for each permit issued pursuant to this chapter. Effective May 1, 1991, there are imposed the following permit fees (a) Utility Classification: Fifty dollars per permit for the first hour or part thereof which shall include (1) on -site inspection and (2) one -half of the street inspector's time traveling to and from each site; provided, that each hour of inspection after the initial hour shall be charged at fifty dollars per hour or prorated to the nearest one - quarter hour if Tess than one hour. (b) Non - Utility Classification: Fifty dollars per permit. (2) Additional Fee. (a) In the event a permit issued pursuant to this chapter allows the digging up, breaking, excavation or undermining of any city street within a period of five years following its initial construction or following a major reconstruction of its driving surface, then an additional permit fee shall be paid by the applicant, the amount of which additional fee shall be equal to the estimated cost of restoring the street to its original condition prior to the performance of the work for which the permit is issued. The additional fee required by this subsection is separate from, but equivalent to, such cost of restoration; and payment of the additional fee does not relieve the permit holder from complying with requirements of this chapter to restore the street to its original condition at the expense of the permit holder. (b) The "additional fee" shall not apply when an emergency exists because of unforeseen disruption of utility services which is located in public rights -of- way requiring immediate repair to protect life and property. Further, the "additional fee" shall not apply when it can be reasonably determined by the director of public works that the necessity to dig up, break, excavate, or undermine a newly constructed or reconstructed street within the five -year period could not reasonably have been foreseen. (c) Prior to the new construction or major reconstruction of any street, the 2 owners of record of all property abutting on the street and all utility service firms operating pursuant to a city franchise will, be notified in advance of commencement of the work so as to allow reasonable time for the installation, adjustment or extension of underground lines and associated structures. (d) Revenue from the additional fee required by this subsection shall be deposited in the street maintenance account of the street division for general city street maintenance purposes. 8.72.020 Permit application— Conditions. The director of community and economic development or designee shall grant such permit only upon compliance with the following terms and conditions: The party requesting such permit shall make application therefor in writing, and if requested so to do by the director of community and economic development or designee, shall file with the director of community and economic development or designee a plat showing the location and plan of the work, obstruction or other thing desired to be done or constructed and the street, alley, sidewalk or public place to be so obstructed, together with a full description of the nature of such work, obstruction or other thing; the director of community and economic development or designee shall thereupon examine such application and plat and, if he shall approve the same, may issue a permit therefor, which permit shall require the replacing, in its former condition, the portion of the street, alley, sidewalk, highway or other public place which may be obstructed, disturbed or affected in any way. Such permit shall specify the location of the street, sidewalk, alley, pavement or public place in front of, through, under, on or near which such acts are to be performed or done, and the name of the street, alley, sidewalk or other public place, together with description of the proposed work or acts to be'done under such permits, and the length of time allowed for the completion thereof. The acts and works permitted under such permit shall be at all times under the supervision and control of the director of community and economic development or designee, but at the expense of the party procuring such permit, and in case any such place referred to in this chapter is disturbed in any way, the placing thereof in its former condition shall be at all times subject to the direction of the director of community and economic development or designee and the same shall be replaced and restored to its former condition within the time by him stated and specified. At the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the director of community and economic development or designee shall, if he 3 deems advisable, have a right to do all work and things necessary to restore such street, alley, sidewalk or public place to its original and proper condition, and the party obtaining said permit shall be liable for the expense thereof. Provided, that the city shall have a cause of action for all of its expenses and amounts paid out upon said work to be collected in a civil action in any court of competent jurisdiction. Provided further, that nothing herein stated shall affect in any way the duty of the one acting under such permit to guarantee and maintain the area disturbed for two years after returning it to its original condition. 8.72.030 Notice to fire chief and director of public works. Before doing any of the acts authorized by the permit, written notice thereof must be given to the chief of the fire department, who shall also be notified of the completion of - the act or acts allowed under such permit when the public street, alley, sidewalk, highway or other public place affected thereby has been placed in the condition required by this chapter. Immediately upon the completion of the act or acts allowed under such permit required by this chapter, written notice thereof shall also be given to the director of public works. Any delay in giving such written notice after the completion of said work shall render the applicant for said permit liable for all damages done or suffered by the city of Yakima or any person, firm or corporation, by such delay. 8.72.040 Purpose of permit — Backfilling— Repair of sidewalk. The director of public works is authorized to grant permits when appropriate to such persons as may apply therefor to use, occupy and obstruct streets, alleys and sidewalks adjacent to a construction project as provided for and limited by the building code of the city of Yakima for the purpose of storing building materials. Any work done under a permit authorized by this chapter or the building code, and which work involves excavation through or undermining of, any sidewalk, curb or paving shall have such excavation backfilled, tamped and settled in such a manner that the sidewalk, curb or paving may be replaced within thirty days following the backfilling, and should said patched sidewalk, curb or paving settle within a period of two years, it shall be repaired again at the expense of the original permit holder. 8.72.045 Barricading —Rules and regulations. The director of community and economic development or designee is authorized and directed to adopt written rules and regulations requiring the erection and maintenance of barricades, lights or flares and other warning and control signals and devices for the safe 4 movement of traffic through and around street construction and maintenance work which will require any excavating or undermining, or other disturbance of or obstruction to any public street, alley, sidewalk, highway or other public place, for which a construction or maintenance work permit is required by the provisions of this chapter. Such rules and regulations may be repealed, amended or supplemented from time to time as deemed necessary or desirable by the director of community and economic development or designee. All such traffic control shall be in compliance with the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). 8.72.050 Barricades — Lights. In the event any public street, alley, sidewalk, highway or other public place shall be excavated, undermined, disturbed or obstructed in any manner pursuant to a permit issued under this chapter, the permit `holder shall erect and maintain barricades, lights or flares and other warning and control signals and devices in accordance with the rules and regulations adopted by the director of community and economic development or designee pursuant to YMC 8.72.045. 8.72.060 Bond. No permit shall be issued pursuant to this chapter unless the applicant files with the director of community and economic development or designee a bond issued by a surety company authorized to do business in the state of Washington, which bond shall be in an amount estimated by the director of community and economic development or designee to be the cost of replacing to its original condition any public street, alley, sidewalk, highway or other public place to be disturbed by applicant under the permit applied for, and conditioned that the applicant will immediately on completing work under the permit replace to its original condition any portion of any public street, alley, sidewalk, highway or other public place disturbed or affected by the applicant under the permit applied for, and that applicant shall correct any defects which occur within one year after the completion of any such replacement work; provided, that cash or certified check may be deposited with the city by applicant in lieu of, and in the same amount as, the bond required by this section, which cash deposit shall be held by the city subject to the same conditions required in said bond, with an appropriate amount of said cash deposit to be returned to applicant on the expiration of one year from the completion of all work performed under, the permit. 8.72.070 Indemnification and Hold Harmless. Applicant agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all 5 judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of the Applicant, its officers, employees, agents, volunteers and /or subcontractors, arising out of or relating to the issuance of a permit to applicant pursuant to Chapter 8.72 YMC or the work done by applicant or its subcontractors after receiving the permit, and /or the performance of work done pursuant to a Contract with the City. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. 8.72.080 Insurance. A. General Requirements 1. The Applicant shall obtain the insurance described in this section from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48. The insurance must be provided by an insurer with a rating of A -: VII or higher in the A.M. Best's Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington Surplus lines broker). The City reserves the right to approve or reject the insurance provided, based on the insurer (including financial condition), terms and coverage, the Certificate of Insurance, and /or endorsements. 2. The Applicant shall keep this insurance in force during the term of the affected work and for thirty (30) days after the Physical Completion date, unless otherwise indicated (see 3. below). 3. If any insurance policy is written on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Permit. The policy shall state that coverage is claims made, and state the retroactive date. Claims -made form coverage shall be maintained by the Applicant for a minimum of 36 months following the Final Completion or earlier termination of this permit, and the Applicant shall annually provide the City with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Applicant shall purchase an extended reporting period ( "tail ") or execute another form of guarantee acceptable to the City to assure financial responsibility for liability for services performed. 4. The Applicant's and all subcontractors' insurance coverage shall be primary and non - contributory insurance as respects the City's insurance, self- insurance, or insurance pool coverage. 5. The Applicant shall provide the City and all Additional Insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. 6. Upon request, the Applicant shall forward to the City a full and certified copy of the insurance policy(ies). 6 7. The Applicant shall not begin work under the permit until the required insurance has been obtained and approved by the City. 8. Failure on the part of the Applicant to maintain the insurance as required shall constitute a material breach of permit, upon which the City may, after giving five business days notice to the Applicant to correct the breach, immediately terminate the permit. 9. All costs for insurance shall be the responsibility of the Applicant. B. Additional Insured All insurance policies, with the exception of Workers Compensation, shall name the following listed entities as additional insured(s): • the City and its elected and appointed officials, officers, employees, agents and volunteers The above - listed entities shall be additional insured(s) for the full available limits of liability maintained by the Applicant, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the Applicant are greater than those required by this permit, and irrespective of whether the Certificate of Insurance provided by the Applicant pursuant to 8.72.080(D) describes limits lower than those maintained by the Applicant. C. Subcontractors Applicant shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in 8.72.080(E). Upon request of the City, the Applicant shall provide evidence of such insurance. D. Evidence of Insurance The required certificates of insurance in section E below shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract or Permit. The policy shall name the City, its elected and appointed officials, officers, employees, agents and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. A copy of the Additional Insured endorsement will be included with the certificate. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington (or issued as a surplus line by a Washington Surplus lines broker). E. Coverages and Limits Insurance 1. At all times during performance of the Services, Applicant shall secure and maintain in effect insurance to protect the City from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract or Permit. Applicant shall provide and maintain 7 in force insurance in limits no Tess than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Commercial General Liability Insurance. Before this Contract or Permit is fully executed by the parties, Applicant shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The aggregate limit will apply "Per Job" or "Per Project ". The policy will include Washington Stop Gap (Employer's Liability) coverage. Commercial Automobile Liability Insurance. a. If the Applicant owns any vehicles, before this Contract or Permit is fully executed by the parties, Applicant shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. - b. If the Applicant does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 2 entitled "Commercial General Liability Insurance ". Workers' Compensation The Applicant shall comply with Workers' Compensation coverage as required by the Industrial Insurance laws of the state of Washington. 8.72.090 Denial of permit. No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. 8 Chapter 8.72 EXCAVATIONS — OBSTRUCTIONS Sections: 8.72.010 Permit required —Fee. 8.72.020 Permit application— Conditions. 8.72.030 Notice to fire chief and director of public works. 8.72.040 Purpose of permit— Backfilling— Repair of sidewalk. 8.72.045 Barricading —Rules and regulations. 8.72.050 Barricades — Lights. 8.72.060 Bond Insurancc. 8.72.070 Indemnification and Hold Harmless. 8.72.080 Insurance. 8.72.080090 Denial of permit. 8.72.010 Permit required —Fee. A. Permit Required— Administration of Chapter. (1) It is unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or fill in, place, leave or deposit in or upon any sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first having obtained a permit therefor. The issuance of such permits and the administration and enforcement of provisions of this chapter shall be performed by the office of the director of community and economic development or designee. (2) In case of an emergency arising outside of office hours when an immediate excavation may be necessary for the protection of life and property, it shall be reported to the director of community and economic development or designee on the first working day thereafter. The permit for said work shall be obtained at the time of reporting. (3) Classification. For the above - described purpose of regulating excavations and obstructions by permits, there are established two classifications of permits: one to be known as the "utility classification," and the other to be known as the "non- utility classification." The utility classification shall include all such permits issued to franchise utilities or their subcontractors for such work incidental to 1 installation, repair, modification, or removal of utility lines or related components. The non - utility classification shall include all other permits issued. B. Fee. (1) Basic Fee. A basic fee shall be paid by the applicant for each permit issued pursuant to this chapter. Effective May 1, 1991, there are imposed the following permit fees: (a) Utility Classification: Fifty dollars per permit for the first hour or part thereof which shall include (1) on -site inspection and (2) one -half of the street inspector's time traveling to and from each site; provided, that each hour of inspection after the initial hour shall be charged at fifty dollars per hour or prorated to the nearest one - quarter hour if Tess than one hour. (b) Non - Utility Classification: Fifty dollars per permit. (2) Additional Fee. (a) In the event a permit issued pursuant to this chapter allows the digging up, breaking, excavation or undermining of any city street within a period of five years following its initial construction or following a major reconstruction of its driving surface, then an additional permit fee shall be paid by the applicant, the amount of which additional fee shall be equal to the estimated cost of restoring the street to its original condition prior to the performance of the work for which the permit is issued. The additional fee required by this subsection is separate from, but equivalent to, such cost of restoration; and payment of the additional fee does not relieve the permit holder from complying with requirements of this chapter to restore the street to its original condition at the expense of the permit holder. (b) The "additional fee" shall not apply when an emergency exists because of unforeseen disruption of utility services which is located in public rights -of- way requiring immediate repair to protect life and property. Further, the "additional fee" shall not apply when it can be reasonably determined by the director of public works that the necessity to dig up, break, excavate, or undermine a newly constructed or reconstructed street within the five -year period could not reasonably have been foreseen. (c) Prior to the new construction or major reconstruction of any street, the 2 owners of record of all property abutting on the street and all utility service firms operating pursuant to a city franchise will be notified in advance of commencement of the work so as to allow reasonable time for the installation, adjustment or extension of underground lines and associated structures. (d) Revenue from the additional fee required by this subsection shall be deposited in the street maintenance account of the street division for general city street maintenance purposes. 8.72.020 Permit. application— Conditions. The director of community and economic development or designee shall grant such permit only upon compliance with the following terms and conditions: The party requesting such permit shall make application therefor in writing, and if requested so to do by the director of community and economic development, or designee, shall file with the director of community and economic development or designee a plat showing the location and plan of the work, obstruction or other thing desired to be done or constructed and the street, alley, sidewalk or public place to be so obstructed,•together with a full description of the nature of such work, obstruction or other thing; the director of community and economic development or designee shall thereupon examine such application and plat and, if he shall approve the same, may issue a permit therefor, which permit shall require the replacing, in its former condition, the portion of the street, alley, sidewalk, highway or other public place which may be obstructed, disturbed or affected in any way. Such permit shall specify the location of the street, sidewalk, alley, pavement or public place in front of, through, under, on or near which such acts are to be performed or done, and the name of the street, alley, sidewalk or other public place, together with description of the proposed work or acts to be done under such permits, and the length of time allowed for the completion thereof. The acts and works permitted under such permit shall be at all times under the supervision and control of the director of community and economic development or designee, but at the expense of the party procuring such permit, and in case any such place referred to in this chapter is disturbed in any way, the placing thereof in its former condition shall be at all times subject to the direction of the director of community and economic development or designee and the same shall be replaced and restored to its former condition within the time by him stated and specified. At the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the director of community and economic development or designee shall, if he 3 deems advisable, have a right to do all work and things necessary to restore such street, alley, sidewalk or public place to its original and proper condition, and the party obtaining said permit shall be liable for the expense.. thereof. Provided, that the city shall have a cause of action for all of its expenses and amounts paid out upon said work to be collected in a civil action in any court of competent jurisdiction. Provided further, that nothing herein stated shall affect in any way the duty of the one acting under such permit to guarantee and maintain the area disturbed for two years after returning it to its original condition. 8.72.030 Notice to fire chief and director of public works. Before doing any of the acts authorized by the permit, written notice thereof must be given to the chief of the fire department, who shall also be notified of the completion of the act or acts allowed under such permit when the public street, alley, sidewalk, highway or other public place affected thereby has been placed in the condition required by this chapter. Immediately upon the completion of the act or acts allowed under such permit required by this chapter, written notice thereof shall also be given to the director of public works. Any delay in giving such written notice after the completion of said work shall render the applicant for said permit liable for all damages done or suffered by the city of Yakima or any person, firm or corporation, by such delay. 8.72.040 Purpose of permit — Backfilling— Repair of sidewalk. The director of public works is authorized to grant permits when appropriate to such persons as may apply therefor to use, occupy and obstruct streets, alleys and sidewalks adjacent to a construction project as provided for and limited by the building code of the city of Yakima for the purpose of storing building materials. Any work done under a permit authorized by this chapter or the building code, and which work involves excavation through or undermining of, any sidewalk, curb or paving shall have such excavation backfilled, tamped and settled in such a manner that the sidewalk, curb or paving may be replaced within thirty days following the backfilling, and should said patched sidewalk, curb or paving settle within a period of two years, it shall be repaired again at the expense of the original permit holder. 8.72.045 Barricading —Rules and regulations. The director of community and economic development or designee is authorized and directed to adopt written rules and regulations requiring the erection and maintenance of barricades, lights or flares and other warning and control signals and devices for the safe 4 movement of traffic through and around street construction and maintenance work which will require any excavating or undermining, or other disturbance of or obstruction to any public street, alley, sidewalk, highway or other public place, for which a construction or maintenance work permit is required by the provisions of this chapter. Such rules and regulations may be repealed, amended or supplemented from time to time as deemed necessary or desirable by the director of community and economic development or designee. All such traffic control shall be in compliance with the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). When any permit is issued { rsuant to this chapter, thc director of public works shall furnish a copy of the then current rules and regulations to thc person, firm or corporation to whom such permit is issued. 8.72.050 Barricades — Lights. In the event any public street, alley, sidewalk, highway or other public place shall be excavated, undermined, disturbed or obstructed in any manner pursuant to a permit issued under this chapter, the permit holder shall erect and maintain barricades, lights or flares and other warning and control signals and devices in accordance with the rules and regulations adopted by the director of community and economic development or designee pursuant to YMC 8.72.045. 8.72.060 Bond - Insurance, {a} No permit shall be issued pursuant to this chapter unless the applicant files with the director of community and economic development or designee a bond issued by a surety company authorized to do business in the state of Washington, which bond shall be in an amount estimated by the director of community and economic development or designee to be the cost of replacing to its original condition any public street, alley, sidewalk, highway or other public place to be disturbed by applicant under the permit applied for, and conditioned that the applicant will immediately on completing work under the permit replace to its original condition any portion of any public street, alley, sidewalk, highway or other public place disturbed or affected by the applicant under the permit applied for, and that applicant shall correct any defects which occur within one two years after the completion of any such replacement work; provided, that cash or certified check may be deposited with the city by applicant in lieu of, and in the same amount as, the bond required by this section, which cash deposit shall be held by the city subject to the same conditions required in said bond, with an appropriate amount of said cash deposit to be returned to applicant on the expiration of two one years from the completion of all work performed under the permit. 5 {b) No permit shall be igcucd pursuant to this chapter unless applicant chall furnish to 8.72.070 Indemnification and Hold Harmless. Applicant agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of the Applicant, its officers, employees, agents, volunteers and /or subcontractors, arising out of or relating to the issuance of a permit to applicant pursuant to Chapter 8.72 YMC or the work done by applicant or its subcontractors after receiving the permit, and /or the performance of work done pursuant to a Contract with the City. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. 8.72.080 Insurance. A. General Requirements 1. The Applicant shall obtain the insurance described in this section from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48. The insurance must be provided by an insurer with a rating of A -: VII or higher in the A.M. Best's Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington Surplus lines broker). The City reserves the right to approve or reject the insurance provided, based on the insurer (including financial condition), terms and coverage, the Certificate of Insurance, and /or endorsements. 2. The Applicant shall keep this insurance in force during the term of the affected work and for thirty (30) days after the Physical Completion date, unless otherwise indicated (see 3. below). 3. If any insurance policy is written on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Permit. The policy shall state that coverage is claims made, and state the retroactive date. Claims -made form coverage shall be maintained by the 6 Applicant for a minimum of 36 months following the Final Completion or earlier termination of this permit, and the Applicant shall annually provide the City with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Applicant shall :purchase an extended reporting period ( "tail ") or execute another form of guarantee acceptable to the City to assure financial responsibility for liability for services performed. 4. The Applicant's and all subcontractors' insurance coverage shall be primary and non - contributory insurance as respects the City's insurance, self- insurance, or insurance pool coverage. 5. - The Applicant shall provide the City and all Additional Insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. 6. Upon request, the Applicant shall forward to the City a full and certified copy of the insurance policy(ies). 7. The Applicant shall not begin work under the permit until the required insurance has been obtained and approved by the City. 8. Failure on the part of the Applicant to maintain the insurance as required shall constitute a material breach of permit, upon which the City may, after giving five business days notice to the Applicant to correct the breach, immediately terminate the permit. 9. All costs for insurance shall be the responsibility of the Applicant. B. Additional Insured All insurance policies, with the exception of Workers Compensation, shall name the following listed entities as additional insured(s): • the City and its elected and appointed officials, officers, employees, agents and volunteers The above - listed entities shall be additional insured(s)'for the full available limits of liability maintained by the Applicant, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the Applicant are greater than those required by this permit, and irrespective of whether the Certificate of Insurance provided by the Applicant pursuant to 8.72.080(D) describes limits lower than those maintained by the Applicant. C. Subcontractors Applicant shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in 8.72.080(E). Upon request of the City, the Applicant shall provide evidence of such insurance. 7 D. Evidence of Insurance The required certificates of insurance in section E below shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract or Permit. The policy shall name the City, its elected and appointed officials, officers, employees, agents and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. A copy of the Additional Insured endorsement will be included with the certificate. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington(or issued as a surplus line by a Washington Surplus lines broker). E. Coverages and Limits Insurance 1. At all times during performance of the Services, Applicant shall secure and maintain in effect insurance to protect the City from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract or Permit. Applicant shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Commercial General Liability Insurance. Before this Contract or Permit is fully executed by the parties, Applicant shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The aggregate limit will apply "Per Job" or "Per Project ". The policy will include Washington Stop Gap (Employer's Liability) coverage. Commercial Automobile Liability Insurance. a. If the Applicant owns any vehicles, before this Contract or Permit is fully executed by the parties, Applicant shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Anv Auto" and be shown on the certificate. b. If the Applicant does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 2 entitled "Commercial General Liability Insurance ". 8 Workers' Compensation The Applicant shall comply with Workers' Compensation coverage as required by the Industrial Insurance laws of the state of Washington. 8.72.080 090 Denial of permit. No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. 9 •