§ 54-85. Procedure for excavating in streets.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Applicant means any person making an application for a permit pursuant to the provisions of this section.

City means the City of Mishawaka, Indiana, and its authorized agents.

City engineer means the person serving as city engineer, his office or authorized representative.

Emergency means any unforeseen circumstances or occurrences, the existence of which constitutes a clear and immediate danger to the health and welfare of citizens, or which cause the interruption of services being furnished by a public utility when said interruption would cause a gross inconvenience or endanger the health and welfare of citizens.

Excavation means any opening, excavation, or tunnel in or under the surface of any street.

Excavation permit means the authorization issued by the engineer, in accordance with this section, to make an excavation in a street. The excavation permit shall consist of a placard, issued by the engineer, which shall be conspicuously displayed at the site of the excavation, such as in the window of a building or contractor's vehicle window located on the site.

Street means a public street, public highway, public alley, public easement, public right-of-way, public road, or all other public lands under the jurisdiction of the city.

(b)

Requirements for a permit.

(1)

It shall be unlawful for any person to excavate in any street for the purpose of laying any gas, water or sewer mains, or connections, or to open the street for any other purpose without first filing his application with the city engineer.

(2)

The application shall contain or be accompanied by the following items:

a.

A drawing including at least the following information:

1.

Location and purpose of the excavation.

2.

North arrow and graphic scale.

3.

Dimensions of opening.

4.

Patching material and method.

5.

Expected dates of commencing and completing work, including any pavement replacement.

6.

Name of contractor, emergency telephone number, and name of contact person.

7.

Any additional information that may be deemed necessary by the engineer to protect the city's right-of-way and the motoring public.

b.

A bond issued by a surety company in an amount equal to the cost of the proposed excavation but not less than the penal sum of $5,000.00, payable to the city. The bond will be released upon completion and acceptance of the work by the engineer, but not before one year after completion of the work.

c.

Proof that the following insurance will be in effect during the entire time required to perform and complete all the work for which the permit is to be issued:

1.

Workman's compensation insurance to cover any and all of the applicant's employees working at the site of the excavation;

2.

Public liability bodily injury insurance of not less than $100,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount of not less than $200,000.00 on account of one accident;

3.

Public liability property damage insurance of not less than $25,000.00; and

4.

Automobile public liability bodily injury with $100,000.00/$250,000.00 and property damage with $25,000.00 limits.

(3)

A separate excavation permit will be required for every 50 linear feet or part thereof.

(4)

A fee of $10.00 shall be assessed for each excavation permit for the review of plans, existing site conditions, and to perform construction inspection.

(5)

An excavation permit shall be issued by the engineer within a maximum of three working days after the filing of an application and bond, to allow for the engineer to review plans and existing site conditions.

(6)

An excavation permit will become null and void if work is not begun within 30 days from the date of issue and will expire on the date given in the application as the expected completion date. The applicant shall give the engineer one working day's notice before beginning the work, if work is not started within three working days of the date given in the application.

(7)

In the event of an emergency, when an excavation permit cannot be obtained from the engineer, the excavation may proceed provided that the person who made the emergency excavation shall apply for an excavation permit immediately upon the first day of business of the city offices, as previously set forth herein, and additionally will submit a written explanation of the reason or nature of the emergency.

(8)

It will not be necessary for the city water or electric departments to post a bond or pay the permit fee; however, all expenses of excavating, repairing, and replacing any and all pavement and other existing materials shall be paid for by the respective departments. An excavation permit, however, must be applied for by all departments as set forth herein, just as for any other individual.

(9)

An applicant for an excavation permit shall agree to save the city harmless from any and all costs, damages and liabilities which may accrue to any person as a result of work performed under an excavation permit issued as set forth herein.

(c)

Restrictions and requirements.

(1)

Except in the event of an emergency, excavation permits will not be issued between the dates of November 15 and April 1, inclusive. In the event of weather and ground conditions, particularly with respect to freezing, being favorable for excavation, the engineer may issue an excavation permit, with possible additional restrictions, for dates between November 15 and April 1.

(2)

Excavations requiring complete transverse cuts of any street shall be bored or tunneled. Transverse open cuts, in specific cases, where reasonable due to the nature and volume of the traffic and existing site conditions, shall be on approval of the engineer.

(3)

All work shall comply with the engineering standards of the city, as adopted by the board of public works and safety and all necessary traffic control, warning and protection devices shall be in accordance with the state manual on uniform traffic control devices for streets and highways.

(4)

The applicant will be required to obtain all existing utility locations and will be responsible for the protection of all utility lines, services and appurtenances. (Call 1-800-382-5544, within Indiana or 1-800-428-5200, from outside Indiana, for utility locations two working days before beginning excavation.)

(d)

Penalties. Any person found to be in violation of any of the provisions of this section shall be subject to the following actions:

(1)

If found guilty by the appropriate court having jurisdiction, shall be fined according to section 1-7.

(2)

Repeat violations will be handled at the discretion of the engineer and may result in the refusal to issue any excavation permit to the applicant.

(3)

Failure to complete work in the proper manner shall result in the engineer taking necessary steps to remedy the defects, and the costs thereof shall be recovered by an action on the bond before any court of competent jurisdiction. Also, the applicant may be subject to the suspension of applications for an excavation permit for a period of one year from the date of bond action.

(Code 1985, § 101.28; Ord. No. 3302, 8-7-1989)