Title 13 - Streets and Sidewalks

13.12 Construction on Rights-of-Way

13.12.460 Liability Insurance, Performance and Maintenance Bond Requirement.

  1. A.
    The Permittee shall file with the City evidence of commercial general and automobile liability insurance with an insurance company authorized to do business in Kansas. The general liability limit will be not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in aggregate. The automobile liability limit will not be less than one million dollars ($1,000,000) combined single limit. The insurance will protect the Permittee from and against all claims by any Person whatsoever for loss or damage from personal injury, bodily injury, death, or property damage to the extent caused or alleged to have been caused by the negligent acts or omissions of the Permittee. If the Permittee is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts.  The City Shall be listed as an Additional Insured on all required insurance. 
  2. B.
    The Permittee shall at all times during the term of the permit, and for two (2) years thereafter, maintain a performance and maintenance bond in a form approved by the City Attorney. The amount of the bond required for a Right-of-way Permit will be $2,000 or the value of the Restoration, whichever is greater, for a term consistent with the term of the permit plus two additional years, conditioned on the Permittee’s faithful performance of the provisions, terms and conditions conferred by this Chapter. Alternatively, if the Permitee anticipates requirements for multiple Right-of-way Permits, the Permittee may choose to meet the bond requirements as follows:

- 10 permits or less/year: $15,000 annual bond
- 25 permits or less/year: $30,000 annual bond

- 50 permits or less/year: $50,000 annual bond
- Unlimted permits/year: $100,000 annual bond

Provided, in the event of a large build-out or other project of significant scope, as determined by the City Engineer, for a Service Provider, the City Engineer may increase the required bond amount, in his or her reasonable discretion, to adequately cover the large build-out or project of significant scope. Continuation of a previous year’s annual bond in order to allow additional permits is prohibited. 

  1. C.
    A copy of the Liability Insurance Certificate and Performance and Maintenance Bond must be on file with the City Clerk.
  2. D.
    No performance and maintenance bond will be required for permits issued for driveway replacement, landscaping work such as irrigation systems and tree planting or plumbing connections for new residential or commercial construction. No performance and maintenance bond or liability insurance will be required of any governmental entity, or of any residential property owner working in the right-of-way adjacent to the property owner's residence, who does not utilize a contractor to perform the excavation.

(History: Ord. No. RW-3296 §13, 2020; Ord. RW-2501 §1, 2004; RW-2410 §10, 2002; RW-2322 §1, 2001; RW-2184, 2000)[Source or prior law: 13.12.080, 13.12.090 & 13.12.100.]

Effective on: 1/1/1901