(a) The person to whom a building permit is issued to do construction, alteration, repair, or other work on private property which is adjacent to a sidewalk, curb, gutter, and/or driveway or other work within public right-of-way which is required to be constructed, reconstructed, removed, or repaired as a condition to the issuance of a permit shall provide the building official with evidence that the general contractor’s bond required as provided in the building code of the city includes coverage on all work required to be done on public right-of-way as well as private property prior to issuance of the building permit for any such construction.
(b) Work within the public right-of-way separate from construction on adjacent private property:
(1) When construction, removal, or repair of sidewalks, curbs, gutters, driveways, streets, alleys, or other work within the public right-of-way is to be performed separate from construction on the adjacent private property, the applicant for a permit under section
36.04.051 shall, at the time of making application for the permit, provide the building official or city engineer a good and sufficient performance bond issued by a surety company authorized to do business as such in the state, in the penal sum equal to the total estimated cost of the proposed sidewalk, curb, gutter, street, or alley alteration or improvement, in favor of the city, conditioned that such construction shall be completed in accordance with the city’s standards and specifications. Such bond shall be approved by the city attorney prior to the issuance of a permit hereunder. In lieu of such performance bond, the applicant may deposit in cash with the building official or city engineer a sum equivalent to the estimated cost of the improvements or alteration to secure the completion of such construction in accordance with the city’s standards and specifications, said money to be returned to applicant upon proof of completion and acceptance. Provided, however, in the event such construction as herein contemplated is not completed in accordance with the city’s standards and specifications, said money deposited in lieu of bond shall be forfeited in favor of the city. In lieu of a performance bond or a cash deposit the applicant may file with the building official or the city engineer a letter of guaranteed credit on a form to be approved by the city attorney.
(2) Where the application for a permit is on the public right-of-way, the building official or city engineer shall require that there be filed with each application for a permit hereunder a certificate of insurance for public liability and property damage issued by a solvent insurance company or companies authorized to do business in this state, evidencing that the city is adequately protected from any liability or damages resulting by virtue of applicant’s construction pursuant to such permit. The public liability and property damage insurance required herein shall have a minimum limit of one hundred thousand dollars ($100,000.00) property damage per occurrence and three hundred thousand dollars ($300,000.00) bodily injury per occurrence.
(3) In addition to the performance bond and insurance required in subsections
(1) and
(2), the building official or city engineer shall be furnished an agreement, evidenced by execution of the application and acceptance of the permit issued hereunder, that applicant will indemnify and hold harmless the city, its officers, agents, servants, and employees from any and all claims, damages, suits, attorneys’ fees, causes of action, and judgments which may result in any manner from the construction or laying of any such improvements upon any public street or alley in the city.
(4) The building official or city engineer shall require an agreement by the applicant, evidenced by execution of the application and acceptance of the permit hereunder, that the applicant shall, during the period of such construction and prior to the acceptance of such improvements by the city, maintain such public street or alley in a safe condition and issue all necessary instructions and take all precautions as may be reasonably required to maintain such public streets or alleys in a safe condition for all public use.
(Ordinance 1466, sec. 4, adopted 10/8/1953; Ordinance 1798, sec. 3, adopted 11/22/1955; 1959 Code, sec. 28-22; Ordinance 4371, sec. 1, adopted 6/30/1964; 1983 Code, sec. 24-53; Ordinance 8568, sec. 8, adopted 3/8/1984)