A. Acceptable Security: Except as noted in this chapter, each applicant, before being issued a permit, shall provide the city with an acceptable security (this may include a corporate surety bond, cash bond or letter of credit, as determined by the city) in the amount to guarantee faithful performance of the work authorized by a permit granted pursuant to this chapter. The amount of the security required may be increased or decreased at the discretion of the city engineer whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of security otherwise required under this chapter. The form of the security and the entity issuing the security shall be subject to the approval of the city attorney.
B. Public Utilities Franchised By City: Public utilities franchised by the city shall not be required to file any security if such requirement is expressly waived in the franchise documents.
C. Conditions Of Security: The security required by this section shall be conditioned as follows:
1. Compliance With Specifications And Regulations: The permittee shall fully comply with the requirements of the city ordinances and regulations, specifications and standards promulgated by the city relative to work in the public way, and respond to the city in damages for failure to conform therewith;
2. Diligent Completion: After work is commenced, the permittee shall proceed with diligence and expedition and shall promptly complete such work and restore the public way to construction specifications so as not to obstruct the public place or travel thereon more than is reasonably necessary;
3. Guarantee Of Materials, Workmanship: The permittee shall guarantee the materials and workmanship for a period of two (2) years from completion of such work, with reasonable wear and tear excepted; and (Ord. 97-12-9-16, 12-9-1997)
4. Street Facilities:
a. Unless authorized by the public works superintendent on the permit, all paving, resurfacing or replacement of street facilities in any street construction project shall be completed in conformance with the regulations contained in chapter 02.24 of the city development and construction standards within three (3) calendar days, and must be completed at least seven (7) calendar days prior to the time excavation commences on any other street construction projects, except as provided for during excavation in winter or during weather conditions which do not allow paving according to engineering regulations. In winter, a temporary patch must be provided which is to be saw cut out and replaced by the permittee with permanent asphalt or concrete by March 15, or earliest possible date when asphalt is available following the winter placement of the temporary patch. In all excavations, restoration of pavement surfaces shall be made immediately after backfilling is completed or concrete is cured.
b. If work is expected to exceed the above described duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible. The permittee shall be subject to a fine of up to five hundred dollars ($500.00) a day for any road construction work not completed according to the above schedule requirements.
c. Unless authorized by the public works superintendent on the permit, construction on major collector and arterial roads shall provide for at least one lane remaining open to traffic. Proper detouring and signage shall be installed and provided by the contractor. (Ord. 07-16, 11-13-2007, eff. 12-13-2007)