(A) Licensing. Contractors working within the public right-of-way must be pre-approved by the City Engineering Department. All contractors who wish to work within public right-of-way shall pay an annual licensing fee of $100.
(B) Liability insurance. Before any permit shall be issued, the applicant shall place or have on file with the City Engineering Department a certificate of insurance evidencing the existence of liability insurance deemed adequate by the city to cover the risk presented by the work being undertaken in the right-of-way. The amount of liability insurance shall be a minimum policy coverage of $1,000,000. When the applicant is required by the terms of the permit to work, obstruct or occupy the right-of-way, the insurance shall remain in full force and effect until the maintenance period has expired and work under the permit has been completed.
(C) Bonding. All users of the right-of-way shall, at the time of permit applications, provide a bond in accordance with the following:
(1) Before a permit shall be issued for any activity covered in this chapter, the applicant shall file an approved bond in the principal sum of $10,000 with the city, conditioned that such applicant shall hold harmless and indemnify the city from injury or damages which may be suffered by any person by reason of such activity within the streets, alleys or public places of the city and will repair all damages to such streets, alleys, public places, private property, or appurtenances thereto, and will comply with all city ordinances and regulations governing such work as covered by the permit. The bond amount shall be valued at the total cost of the project for any work being done for a utility company where the total value exceeds the prescribed amount above.
(2) Bond condition. The bond shall be conditioned upon:
(a) The faithful performance of the terms of the permit, and any other requirements provided by law.
(b) The faithful performance of the right-of-way restoration work or payment of the restoration costs incurred by the city.
(c) If the user fails or neglects to properly restore the right-of-way to its proper condition within the time for completion set forth in the permit, or within a reasonable time (30 days unless extenuating conditions as approved by the director or designee, i.e. weather, act of nature) after notice by the city of such failure or neglect, or fails to pay the restoration costs incurred by the city or fails or neglects to properly maintain the right-of-way to its proper condition within a reasonable time after notice by the director of such failure or neglect, or fails to pay the maintenance costs incurred by the city, the right-of-way shall be restored or maintained by the city and the costs thereof, as certified by the City Engineering Department, shall be promptly paid by the permittee or bonding company.
(Ord. 2720, passed 2-28-2023)