(a) No person, except the owner of premises occupied by him, who is personally doing such work on the public right of way adjoining such premises, shall construct or reconstruct any walk or drive, or cut, drop or remove any curb on a right of way, without first posting a bond and obtaining a license to engage in such work. Provided further, however, that any such owner doing any such work at such premises shall fully abide by and conform to all of the provisions of this chapter except the requirement of posting bond and procuring a license. Except as above provided, any person desiring to engage in the construction or reconstruction of walks or driveways or to make curb openings, shall file with the Director of Public Service a bond in the sum of seven thousand five hundred dollars ($7,500) cash or surety, or such other lesser or greater amount, depending on the nature of the project and/or any project schedules that are adopted by the Service Department. The amount and type of bond may be determined by the City Administrator or the City Administrators designee. The Law Director shall approve the form or requirements for such case or surety bonds. Such surety to the City shall be conditioned upon the faithful observance of the provisions of this and other applicable ordinances, and the specifications, rules or regulations pertaining to the construction and reconstruction of walks, driveways or curb openings and that the principal will construct, reconstruct or make all walks, driveways or curb openings in strict compliance with all applicable exisiting ordinances, specifications, rules and regulations of the City or the Director.
(b) The bond shall further provide for payment to the City or to persons entitled thereto, of the cost and expense of reconstructing any walk, driveway or curb opening when required by the Director, should any defects due to construction, material or workmanship develop in such work at any time within a period of one year from the first day of January next following the completion of the work, which defect is, in the judgment of the Director, caused by the contractor's failure to conform to the specifications and regulations relating to the construction or reconstruction of walks, driveways or curb openings which are established under this chapter and regulations issued pursuant hereto. Such bond shall be further conditioned that such surety shall indemnify and save harmless the City on account of any and all claims for damages or injuries to persons or property due to failure of the contractor, his agents or servants to maintain the right of way where such construction or reconstruction is being done in a condition which is safe and fit for public travel, and in compliance with the provisions of this chapter and amendments thereto or any ordinance, rules or regulations relating to public safety now in effect or which may hereinafter be enacted or promulgated.
(1964 Code Sec. 95.53; Ord. 024-2022. Passed 4-11-22.)