§ 10.40.140 RETROFITTING.
   A.   Should a proposed route which is otherwise inadequate be determined to be adequate if modified or “retrofitted,” the applicant may propose such route, together with a proposed plan for retrofitting, as part of the completed application. Applicant shall comply with all conditions herein with respect to the route proposed to be retrofitted. Any approval granted by city with respect to a route proposed to be retrofitted, shall be conditional, pending approval by CalTrans and subsequent construction of such modifications in accordance with all local and state requirements and construction standards, including those imposed by the California Environmental Quality Act and/or the National Environmental Policy Act, if applicable. In all cases where such conditional approval is granted, applicant shall be required to submit plans and specifications concerning said modifications to the City Engineer, whose approval thereof shall be obtained, in addition to the applicant's satisfying all other applicable state and local requirements, prior to any construction of such modifications commencing.
   B.   City may subject the proposed plan for retrofitting to the city's bid process, complete the retrofitting as a city project using contractors selected by city, and thereafter require payment, pursuant to a written agreement between city and applicant of the entire cost of such retrofitting. Alternatively, city may authorize applicant to conduct and complete said retrofitting, whereupon the applicant shall be responsible for obtaining all necessary permits and for bearing all costs of engineering, construction and inspection of such modifications. All such modifications shall be done by a validly licensed contractor acceptable to city, carrying public liability insurance in a form and amount acceptable to city, and shall be completed to the satisfaction of the City Engineer. In either case, the applicant shall be required to indemnify, defend, and hold the city, its elected officials, officers, employees and agents free and harmless from any and all claims and lawsuits arising out of or connected with the construction of such modifications.
('61 Code, § 14B.5) (Ord. 796, passed - - )