§ 5.19. Restoration of streets, sidewalks and parkways.

(a)

No person shall undertake to disturb any street, alley, sidewalk or parkway owned or under the control of the city without first obtaining a permit therefor.

Application for a permit under this section shall be made on such forms as shall be provided by the Department of Public Works.

An application for a permit shall be accompanied by two copies of plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one copy of such plans and specifications shall be returned to the applicant and the other retained by the Department of Public Works.

(b)

An applicant for a permit shall agree to save the city, its officers, employees and agents harmless from any and all costs, damages, liabilities and attorneys' fees which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant.

(c)

With each application for a permit under this section, an applicant shall furnish a cash performance bond to guarantee faithful performance of the work covered by the permit.

The amount of the cash bond shall be not less than that specified in the schedule of subsection (e) hereof. In lieu of a separate cash bond for each permit, an applicant anticipating more than one permit application may furnish one cash bond in the amount of $1,000 to cover all permits subject to subsection (e) hereof.

The applicant shall deposit the cash bond with the Finance Director and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete performance by the applicant of the work covered by such permit, subject to the following provisions:

1.

The actual direct or indirect cost to the city of any loss, damage, work, claim or liability arising out of the breach by the applicant, or any contractor or representative of the applicant, in the performance of the applicant's obligations in connection with the work covered by such permit shall be charged against and deducted from such cash bond upon written certification of such cost by the City Engineer.

2.

Upon certification by the City Engineer of completion of the work covered by such permit, the balance of such cash bond, after making any deductions therefrom authorized by paragraph (1) of this subsection, and after one year has elapsed from the date of the Certificate of Final Inspection, shall be refunded by the Finance Director to the applicant upon request.

3.

In the event that the City Engineer or his authorized representative shall determine that additional surety in excess of one thousand dollars is required, the applicant shall furnish a cash bond, a commercial bank letter of credit in form and substance approved by the City Attorney and drawn on a bank located within a fifty mile radius of the city, or a performance bond issued by a surety authorized to do business in the state of Illinois, in an amount equal to 110 percent of the amount determined necessary by the City Engineer or his authorized representative. If a surety bond or letter of credit is provided, it shall be dated on or before the date of permit application and shall be for a term to expire one year after receipt by the permittee of a certificate of final inspection issued by the City Engineer.

(d)

Each applicant for a permit under this section shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverage may not be revoked except after ten days written notice delivered to the city. The applicant's insurance shall provide coverage against claims for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street and shall include liability arising from completed operations. The amount of the liability insurance for personal injury shall be not less than $500,000 per person, $500,000 per incident, and $100,000 for property damage. The city, its agents, officials and employees shall be additional named insured on such policies.

(e)

An applicant for a permit under this section shall pay a permit fee in the amount specified in the following schedule:

Schedule of Fees
Type of Work	Permit Fee	Bond*
Commercial Driveway Approach	$ 50	$250
Residential Driveway Approach	35	250
Sidewalk	35	250
Sanitary Sewer Tap/Repair	75	$1,000 plus cash or other security in an amount equal to 110% or the estimated value of work in excess of $1,000
Storm Sewer Tap	50	Same as above
Water Tap over 1″**	75	Same as above
(repair/replacement)
Water Tap—New Construction	200	Same as above

 

*  Maximum cash bond for any one person or company holding more than one permit concurrently is $1,000 provided such limitation shall not apply in the case of street openings where the value of the work exceeds $1,000.

**  For taps under 1″ on other than new construction, a permit without fee shall be required; bond requirements shall be the same as with taps over 1″; meter charges shall be in addition to all fees and deposits.

(f)

Every permit issued under this section shall be granted subject to the right of the city or of any other person enTitled to use the right-of-way for any purpose for which such street may lawfully be used, not inconsistent with the permit.

(g)

Work for which a permit has been issued shall commence within thirty days after the issuance of the permit therefor or within such extended period of time as determined by the City Engineer upon good cause shown. If the work is not so commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon the payment of an additional fee in the amount of the original fee.

(h)

No permittee under this section shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the City Engineer or his authorized representative. Upon such approval, additional work may be done under the provisions of the permit in an amount not greater than ten percent of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the City Engineer or his authorized representative pursuant to this Section 5.19.

(i)

Permits issued under authority of this section are nontransferable.

(j)

Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the permittee and to the surety on the bond or the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the City Engineer to be necessary for the completion of such work. After receipt of such notice, the permittee, the commercial bank, or the surety shall within the time therein specified either cause the required work to be performed, or failing therein, the cash bond, performance bond or letter of credit shall be utilized to indemnify the city for the cost of doing the work set forth in the notice.

(k)

Any permit may be revoked by the City Engineer after prior written notice to the permittee for:

1.

Violation of any provision of this Section 5.19.

2.

Violation of any other applicable provision of this Code or any other ordinance or law relating to the work.

3.

Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.

Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice shall be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified. Such notice shall state the period of time which the permittee is being granted to correct the violation and to proceed with diligent prosecution of the work, which time shall be no less than twenty-four hours.

(l)

When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or alley to a condition acceptable to the city. All expenses incurred by the city for such restoration shall be paid by the permittee and may be recovered from the cash bond, performance bond, or letter of credit that the permittee has filed with the city, and the bond or letter of credit shall so provide, provided nothing herein shall bar the city from instituting legal action to recover its expenses in excess of such security.

(m)

All work in streets, alleys, parkways, rights-of-way and public lands shall be subject to the following restrictions:

1.

No opening or excavation in any right-of-way shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.

2.

No more than two hundred fifty feet measured longitudinally shall be opened in any right-of-way at any one time.

3.

All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary.

4.

Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the City Engineer and restored to the satisfaction of the city if damaged.

5.

Monuments, bench marks or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any right-of-way or property subdivision, or a precise survey reference point within the city shall not be removed or disturbed unless permission so to do is first obtained in writing from the proper governmental authority. Permission may be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement thereof, including the cost of a survey.

6.

When work performed by the permittee interferes with the established drainage system of any street or natural water way, provision shall be made by the permittee for adequate temporary drainage to the satisfaction of the City Engineer.

7.

When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any street or sidewalk, the permittee shall cause the same to be removed from the street or sidewalk before the end of the working day. In the event the earth, gravel or other excavated material so deposited is not so removed, the City Engineer shall cause such removal and the cost incurred thereby shall be paid by the permittee. Failure on the part of the permittee to make immediate payment of such cost upon demand shall be cause for revoking such permit and cause to recover such cost from the bond or letter of credit.

8.

Access to private driveways and alleys shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all times to fire hydrants.

9.

Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the City Engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum of inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the City Engineer may require the permittee to provide and use toe boards or bins. If the excavated area or storage area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the City Engineer. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep open a passageway at least one-half the width of the sidewalk width along such sidewalk.

(n)

All backfilling and restoring of openings made in any street, alley, parkway or public lands shall be performed in accordance with the following requirements:

1.

All pavement cuts, openings and excavations shall be backfilled with coarse stone aggregate Grade CA-6 and temporarily surfaced by the permittee using one inch gravel screenings in a layer at least eight inches thick having its upper surface even with the adjacent surface. The permittee shall, notwith-standing settlement, maintain the upper limit of such temporary surface even with the adjacent surface until such time as the permanent surface is installed as provided in this section.

2.

The permittee shall give the City Engineer at least twelve hours notice before beginning of backfilling.

3.

The work of permanent restoration of base and surface of all streets, alleys, parkways, rights-of-way or public lands shall be performed in accordance with the latest specifications of the Illinois Department of Transportation.

4.

If in the judgment of the City Engineer the surfaces or underlaying strata adjacent to the excavation are damaged or disturbed through the actions of the permittee, the inspection officer may require that the permittee take all steps necessary to restore all such damage or disturbance at the permittee's expense. In the event such damage or disturbance cannot immediately be restored, the permittee may be required by the City Engineer to deposit funds in addition to any bond or letter of credit already posted, to insure such restoration.

5.

Once excavation is commenced, the same shall be concluded and backfilled with due diligence. If in the opinion of the City Engineer the work is not thus performed, he may revoke the permit after giving the permittee advance warning in writing of his intention to do so. Such notice may be given either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. Such notice shall state the period of time being granted to complete the work, after which the city may complete it and charge the cost thereof to the permittee.

6.

Upon completion of all work covered by the permit, the permittee shall request final inspection by the City Engineer. A certificate of final inspection shall be issued by the City Engineer to each permittee after the permanent restoration of the excavation has been made, provided all provisions of this section have been complied with.

7.

If any settlement takes place or other defect appears in the restored area within a period of one year from the date of the certificate of final inspection, proper restoration shall be made by the permittee at his own expense; failure of the permittee to perform such restoration shall be cause for the city to perform such work and recover the cost thereof from the permittee or from his bond or letter of credit.

8.

In no case shall any opening made by a permittee be considered the responsibility of the city, or any of its officers or employees; and no officer or employee shall assume any responsibility over any such opening except in the exercise of the police power, and then only when necessary to protect life and property.

(o)

All excavations by employees of the city, the Elmhurst school districts and the Elmhurst park district, and all excavations, work and installations by employees and agents of a public utility engaged in doing work permitted under a grant or franchise from the city for the use of such streets, alleys, parkways, rights-of-way or public lands shall be exempt from the provisions of subsections (c) and (e) of this section. The City Engineer may grant a temporary verbal permit to school districts or park district or authorized agents thereof for any excavation in any street, alley, parkway, right-of-way or public land where such excavation is necessitated by an emergency. Such temporary permit shall be followed within forty-eight hours by a formal application for a permit as regularly required under the terms of this section.

(7/15/96)