(a) The surety bond required by Section 43-43 must include the following conditions:
(1) that all work is done in a good and workmanlike manner and in faithful and strict compliance with the specifications and with the terms of this article and such ordinances, resolutions, or regulations that may be passed by the governing body relating to the construction, reconstruction, or repair of sidewalks, curbs, gutters, or driveway approaches;
(2) that the city must be fully indemnified and be held whole and harmless from any and all costs, expense, or damage, whether real or asserted, on account of any injury done to any person or property in the prosecution of such work, or that may arise out of or be occasioned by the performance of such work;
(3) that the person performing the work shall, without additional cost to the person for whom the work was done, maintain all construction for a period of five years from the date of the construction, reconstruction, or repair, to the satisfaction of the director, and reconstruct or repair the facility to the satisfaction of the director at any time within five years after the construction, reconstruction, or repair of such facility, and after 10 days’ notice from the director to reconstruct or repair the same.
(b) The opinion of the director as to the necessity of such reconstruction or repair is binding on all parties, and the bond must for such purpose be in force for five years after the construction, reconstruction, or repair of the facility. One recovery may not exhaust the bond, but the bond must be a continuing obligation against the sureties on it until the entire amount provided for is exhausted.
(c) If the bond is decreased because of any recovery that may be obtained, arising out of the violation of any condition of the bond, the governing body shall require, upon receiving notice of that fact, an additional bond to be given by any person in accordance with this article in an amount sufficient, when added to the unexhausted amount of the original bond, to be at all times equal to the sum of $2,000.
(d) The city may for itself, or for the use and benefit of any person injured or damaged by reason of any defective construction, reconstruction, or repair of any sidewalk, curb, gutter, or driveway approach by any person, firm, or corporation, maintain suit on the bond in any court having jurisdiction, or suit may be maintained by any person injured or damaged by reason of the failure of any person, firm, or corporation who constructs, reconstructs, or repairs any sidewalk, curb, gutters or driveway approach in the city to observe the conditions of the bond. (Ord. Nos. 8590; 22026)