A. Required: Except as noted in this chapter, each applicant that will be excavating in the right of way, before being issued a permit, shall provide the city with an acceptable cash bond in the amount of one thousand dollars ($1,000.00) and a corporate surety bond or another type of security in an amount and type as determined by the public works director to guarantee faithful performance of the work authorized by a permit granted pursuant to this chapter. The amount of the bond required may be increased or decreased at the discretion of the public works director whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of bond otherwise required under this chapter. The form of the bond and the entity issuing the bond shall be subject to the approval of the city.
B. Exception: Public utilities franchised or authorized by separate agreement with the city shall not be required to file the cash bond or the corporate surety bond if such requirement is expressly waived in the franchise document or other acceptable right of way use agreement or license, or if such bond(s) has been provided with the franchise grant or other acceptable right of way use agreement or license.
C. Conditions: The bonds required by this section shall be conditioned as follows:
1. The permittee shall fully comply with the requirements of the city ordinances and regulations, the "Manual On Uniform Traffic Control Devices", and the standards and specifications promulgated by the city relative to work in the public right of way, and respond to the city in damages for failure to conform therewith;
2. After work is commenced, the permittee shall proceed with diligence and expedition and shall promptly complete such work and restore the public right of way to construction specifications, so as not to obstruct the public right of way or travel thereon more than is reasonably necessary;
3. The permittee shall guarantee the materials and workmanship for a period of one year from completion of such work, with reasonable wear and tear excepted; and
4. Unless authorized by the public works director on the permit, all paving, resurfacing or replacement of street facilities on major or collector streets shall be done in conformance with the regulations contained herein within two (2) calendar days from the time the excavation commences, and within five (5) calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to the standards and specifications. In winter, a temporary patch must be provided. In all excavations, restoration of pavement surfaces shall be made immediately after backfilling is completed or concrete is cured.
D. Release: When no excavation work is being done in the right of way, at the discretion of the public works director, the cash bond may be released when work is completed. (Ord. 2011-24, 11-15-2011)