§ 49-173 — Conditions

Sec. 49-173. - Conditions.

No application for permission to design, plan, construct, reconstruct or remodel any general public improvement shall be granted by the manager of transportation and infrastructure, except upon the following express conditions: (1) That all costs incident to the work shall be borne solely by the permittee; (2) That before any work is commenced, the permittee shall submit plans and specifications of the proposed work to the manager of transportation and infrastructure, and the work shall not be commenced without the approval, in writing, by the manager of the plans and specifications; such approval shall be contingent upon the payment by the permittee to the city of a design checking fee, computed on the basis of the city's current charges for such service; (3) That during the course of construction the city shall cause inspections of the work to be made to determine whether the work is being performed according to the approved plans and specifications, and that the quality of the work and material is acceptable. If the city determines that the work is not being so performed, the manager shall order the work to cease until there is satisfactory evidence that the work conforms to the plans and specifications. The permittee shall pay to the city an inspection fee, computed on the basis of the city's current charges for such service; (4) That upon completion of the work and approval and acceptance by the city, all right, title and interest in the same shall vest in the city; (5) That the permittee shall indemnify, save and keep the city and its officers and employees harmless from any and all claims, damages, liability, losses, actions, suits or judgments which may be presented, sustained, brought or obtained against the city or any of its officers or employees because of or as a result of the work being performed by the permittee; (6) That the work done shall be done only by a contractor licensed by the city to perform that particular type of work; (7) That the permittee, in performance of the work, observe and comply with the provisions of the Charter, ordinances and rules and regulations of the city and state and federal laws which, in any manner, limit, control or apply thereto, and that all permits and licenses required in the prosecution of the work be obtained and paid for by the permittee; (8) That the permittee, the permittee's contractors and subcontractors pay all sales and use taxes levied by the state and the city on any tangible personal property built into or incorporated into the work and, within ten (10) months after such payment of the state tax is made, furnish to the city an itemized, certified and acknowledged statement, including the names and addresses of the suppliers, the amounts of such taxes, and the dates of payment; (9) That the permittee execute a bond, on a form prepared by the city attorney or otherwise approved by the city attorney, or provide another form of guarantee or indemnification, approved by the city attorney, conditioned that the permittee shall promptly make payment of all amounts lawfully due to all contractors, subcontractors and persons furnishing labor or materials or labor and materials used or performed in the prosecution of the work, and will indemnify the city to the extent of all payments in connection with performing the work; (10) That the permittee shall at all reasonable hours allow right of entry to any city inspector or other authorized agent of the city to the work site, and allow such inspector or agent the right to conduct tests and evaluations as to the quality of the work performed and materials used and conformance with the approved design and specifications.

(Code 1950, § 338A.1-2; Ord. No. 281-05, § 1, 4-25-05; Ord. No. 39-20, § 106, 2-3-20)