(a)
Generally.
Any contractor proposing to work in any public right-of-way or easement must first post with the city a maintenance bond or cash bond in the penal sum of 20 percent of the cost of the improvements in the contract, conditioned that such contractor will repair or replace any and all damaged public property, including but not limited to, street signs, waterlines, surface or subsurface of the street, curbs and gutters and fire hydrants, in or about such public right-of-way or easement.
(b)
Purpose of bond.
The bond required by this section shall provide that, in cases of emergency, which determination shall be in the sole reasonable discretion of the city manager or his agent, such bond may be applied, without notice to such contractor, to cover such damages, and further, that in nonemergency situations, such contractor will have five working days after either written or oral notice of such damage to repair or replace the damaged property, unless such time shall be extended in writing by the city manager or his agent, after which time the city shall be authorized to apply all or any part of such cash bond to cover the damages.
(c)
Restrictions on work in public rights-of-way or easements.
No contractor shall be permitted to work in a public right-of-way or easement if the balance of his maintenance bond or cash bond required by this section shall become less than 20 percent of the cost of the improvements in the contract.
(Code 1975, § 20-1)