(1) Before the issuance of any permit the City may require the permittee to furnish to the City a bond to insure performance of the permittee’s obligations under this chapter. The amount of such bond shall be $6,000, but may be varied from time to time in accordance with the size of the project, or may be entirely excused in case of excavations of a minor nature. Such bonds shall be in a form to be approved by the City Attorney, and with a surety approved, conditioned that the permittee will comply with all the provisions of this chapter, and that he will keep and save harmless the City from any and all claims, liabilities, judgments, costs, casualties, accidents or damages and expenses arising from any negligence of such permittee on account of any act which he may do or suffer to be done, or omission of the permittee in the performance of the work under the permits, or which may be done by any of his agents, servants, or employees, or which may arise from any negligence of himself, his agents, servants or employees, or in any event in obstruction or in any way disturbing any private or public properties, or by reason of the violation of any of the provisions of this chapter; provided, that the bond shall only be required of electric and telephone utilities when they place wire underground. The permittee shall also indemnify and save harmless the City from all suits and actions of every description brought against the City for or on account of any injuries or damages received or sustained by any person by reason of failure to erect and maintain the required guards, barricades or signals; provided, further, that in case the act or acts permitted under such permit necessitate for any purpose the cutting into or under any public properties in the City, said bond shall be conditioned that the person, firm or corporation applying for and acting under the permit shall replace the portion thereof affected thereby, and shall restore the same at its expense to as good or better condition within the time specified by the City Engineer; and further conditioned that the permittee will maintain such public properties so restored for a period of two years from and after such restoration.

(2) Settlement within the two-year period mentioned in this section shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work and the release of same shall not prevent the City from making claim against the permittee for any uncompleted or defective work, if the same is discovered within two years from the date of such release. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after completion of the work.

(3) The permittee shall also maintain in full force and effect, with an insurance company satisfactory to the City, the following:

(4) The permittee shall also comply with all of the workers’ compensation and safety laws of the State of Washington as the same now exist or may be hereafter amended, and shall file a workers’ compensation insurance certificate with the City Engineer when the permit is issued; provided, however, that if the permittee hires no personnel such requirement may be waived. [Ord. 1021 § 8, 1961; Code 1970 § 12.24.110; Code 1954 § 4-5.44.]