§ 78-433. Permit conditions.

Permits issued under this article are conditional at all times and shall be subject to the permit conditions set forth in this section. Permits may be issued subject to additional specific conditions or limitations upon the location or use, as may be necessary to protect the public interest and welfare. The permit shall be issued on city-approved form.

(1)

Right-of-way permits are valid for a maximum of 30 calendar days from date of issue. Permits may be extended in 30 calendar day increments prior to expiration. Additional work not authorized under the original permit will require a new permit or modification of the existing permit.

(2)

Permits must be posted and available on-site for inspection.

(3)

Permittee and/or property owner shall, during the permit term, and at their expense, maintain the city public right-of-way and, if required by the city, promptly modify, relocate, and/or remove any equipment or obstruction. The permittee and/or property owner, at their sole expense, shall restore all portions of the public right-of-way or public utility systems disturbed or impaired during the permitted use of the public right-of-way.

(4)

All work in the city public right-of-way shall be performed in strict compliance with the requirements of the engineering services department, FDOT Series 600 MOT Guidelines, MUTCD and Occupational Safety and Health Administration. Failure to comply may result in the immediate revocation of the permit(s), the removal of project-related obstructions from the right-of-way, and the assessment of violation fines. One set of plans, including all current revisions associated with the permit, shall be maintained on the job-site when work is in progress. Failure to maintain plans may result in the suspension of all work, testing, inspections and the assessment of re-inspection fees.

(5)

The permittee shall maintain for the permit period, at its own expense, commercial general liability insurance in the amount of $1,000,000.00 per occurrence, or in such other amount specified by the city's risk management division, for bodily injury and property damage. The city must be named as an additional insured on this policy, and a certificate of insurance containing such endorsement must be issued as part of the policy. The permittee must provide, and have approved by the city, an original certificate of insurance as evidence that this requirement has been met prior to commencing operations. Failure to comply with this requirement shall cause a suspension or revocation of the permit.

(6)

The permit issued shall not be transferable in any manner.

(7)

When a maintenance of traffic plan (MOT) is required as part of the permit application, the permittee shall comply with the approved MOT and the following conditions:

a.

All barricades and signs that are placed in the public right-of-way shall be turned away from motorists upon the opening of the traffic lane or road, and shall be removed immediately upon completion of the use of the right-of-way.

b.

All barricades and signs placed in a public right-of-way must be maintained and secured, and shall not be in such a condition or placement whereby they become a tripping or mowing hazard.

(8)

Use of city public right-of-way for construction activities, including the following: cranes, roll-off debris containers, storage containers, construction material, and construction debris, shall comply with the minimum standards for construction use referenced in section 78-433.

(9)

In the event of an emergency impacting the public health, safety or welfare, as determined by the city, the permit may be revoked without notice and without liability of the city.

(10)

Contractors must possess the appropriate State of Florida license for the specific type of work they are performing. Contractors must also comply with the "Underground Facility Damage Prevention Safety Act," F.S. ch. 556.

(11)

No excavating contractor shall engage in any excavation or demolition in a public right-of-way or easement without first pre-marking in accordance with F.S. ch. 556; such markings shall occur before the excavating contractor provides required information to the state one-call notification system.

(12)

Any and all underground facility location markings made pursuant to F.S. ch. 556, by a contractor, utility, or operator which furnishes or transports services or materials by means of an underground facility, shall conform to the recommended guidelines for uniform temporary markings of underground facilities as established by the American Public Works Association or by Florida law. All markings shall be made with chalk-based or ultra-violet light reactive paint on sidewalk, brick pavers, asphalt, and any other surface other than earth or vegetative surfaces. Where markings are made on earth or vegetative surfaces, acrylic paint may be used. In areas where chalk-based or ultra-violet light reactive paint is required, offset marks may be made with acrylic paint provided that such marks are made on earth or vegetative surfaces. Any contractor, utility or operator who fails to comply with the requirements of this condition will be required, after completion of the work, to remove all markings and fully restore any damage by methods approved by the engineering services department.

(13)

Contractors are prohibited, prior to completion of the excavation or demolition work, from removing or destroying any underground facility location markings made to mark the horizontal or vertical route of an underground facility, except for incidental removal in connection with excavation or demolition. If such markings are no longer visible, the contractor shall stop activities in that vicinity and notify the state one-call notification system to have the utility location marked prior to continuing work in the area.

(14)

No contractor shall engage in any exploratory excavation in a public right-of-way without obtaining a separate permit from the engineering services department for any exploratory excavation unless the exploratory excavation is performed concurrent with the permitted work or in the event of an emergency, as provided in this article. Restoration of all excavation locations must comply with the standards for construction and use of the city public rights-of-way maintained by the engineering services department.

(Ord. No. 4198-09, § 1, 3-9-2009; Ord. No. 4233-09, § 1, 10-5-2009)