This Part 4 does not apply to excavation work performed by a governmental entity. Ord. 06-245

By accepting a street-cut permit, the permitee warrants all work done under the permit against all defects in workmanship and materials for a period of 1 year after the work has been completed, inspected, and approved. On written notice from the Department of any defect in workmanship or materials during the warranty period, the permittee must make the necessary repairs within the period specified in the notice. If the permitte fails to correct the defects within the time specified in the notice, the City may make the repairs at the permittee’s expense. The permittee:is responsible for all expenses incurred by the City, including any related administrative expenses; and shall pay those expenses to the City within 30 days following notice of the amount owed. Any repair during the warranty period automatically extends the warranty period to run for 1 additional year beyond the original warranty period. Ord. 06-245

In this section, “performance security” means any one or a combination of:a performance bond; an irrevocable letter of credit; or a cash deposit. No street-cut permit may be issued to any person unless that person submits performance security as required by this section. The performance security must be approved:as to form and legal sufficiency by the City Solicitor; and as to amount by the Director. The performance security must serve to save the City harmless from:any cost, liability, expense, claim, or suit for damages in any manner arising out of or resulting from the work done under the permit; and any loss or cost by reason of the restoring or failure to restore the public way to required conditions and standards. The performance security may be made to cover all street-cut permits issued from time to time to any one person. In that case, the Director may require from time to time that the amount of the security be increased to an amount sufficient in the Director’s judgment to protect the City, based on the volume of work undertaken by the person or the number of permits issued to the person. The Department shall release the performance security, in whole or in part, after completion of the warranty period and the correction of any defects or violations identified during that period. Ord. 06-245

By accepting a street-cut permit, the permittee agrees, for and on behalf of itself and, if different, the owner and operator of the facilities, and their respective successors and assigns, to indemnify, defend, protect, and hold harmless the City, its officers, agents, and employees, from and against all claims, actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, and attorneys’ fees allegedly arising directly or indirectly from any act, omission, or negligence of the permitee, owner, or operator, their subcontractors, or the officers, agents, or employees of any of them relating to the permit or the activities authorized by the permit. Each permittee, owner, and operator has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within this indemnity obligation, even if the allegations are groundless, false, or fraudulent. The City has a cause of action for indemnity against each permittee, owner, and operator for any costs the City may incur with respect to the permit, except for claims resulting directly from the negligence or willful misconduct of the City. This indemnity obligation survives expiration of the permit and completion of the work authorized by it. Ord. 06-245