Skip to main content
Loading…
This section is included in your selections.

Before a permit as herein provided shall be issued, the applicant shall execute and deliver to the City and file with the City Engineer a bond in the sum of $6,000, or such additional amount as the City Engineer deems to be necessary for each bond, for each complete working unit (“spread”) under construction, in a form to be approved by the City Attorney, and with a surety (or sureties) approved, conditioned that the gas company will comply with all of the provisions of this chapter, and that the applicant will keep and save harmless the City from any and all claims, liabilities, judgments, costs, casualty, accident or damages, and expenses arising from any negligence of such gas company on account of any act which he may do or suffer to be done or omission of the gas company in the performance of the work under the permit, 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, contractors or employees, or any of them, in obstructing or in any way disturbing any private or public properties, or by reason of the violating of any of the provisions of this chapter. The City Engineer shall determine the number of units (“spread”) and number of bonds needed at any one time. The gas company 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, 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, the 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 gas company will maintain such public properties so restored for a period of one year from, and after, such restoration. Settlement within the one-year period mentioned in this section shall be considered conclusive evidence of defective backfilling by the gas company. Acceptance of the work, and the release of the same, shall not prevent the City from making claim against the gas company 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 gas company from responsibility for defects discovered after the completion of the work. The liability of the surety upon the bond required to be given to the City shall be limited to the amount specified in the bond, and recovery under such bond shall be prorated when claims exceed the liability of the bond. [Ord. 4515 § 2, 2021; Ord. 1503 § 24, 1971; Code 1970 § 16.12.240.]