Same—Application; prerequisites to issuance; bond or deposit required

The applicant for a construction permit under this article shall apply therefor in the form and manner prescribed by the director of resilience and public works. The application shall include, but not be limited to, the following items of data, information and documentation:

(1)

A legal description of the property and the applicant's interest therein.

(2)

An attorney's opinion of title, the same showing that fee simple title to the specific submerged land to be filled or improved is vested in the applicant.

(3)

Written permission obtained from the trustees for the removal or use by the applicant of any material contemplated by the work.

(4)

Written permission obtained from the United States Army Corps of Engineers for the removal or use by the applicant of any material contemplated by the work.

(5)

A plan or drawing showing the proposed construction, as required by the laws of the state.

(6)

Elevation of the completed project, which shall be not less than six feet above mean low water in any area south from Rickenbacker Causeway to the southerly limits of the city and not less than 5½ feet above mean low water in any other part of the bay.

(7)

Construction plans showing the location of any proposed bulkhead, fill or excavation, the same to show a detail of the bulkhead and quantities of fill and excavation which shall comply in all respects with the specifications for filling submerged land and bulkhead construction heretofore prepared or hereafter modified by the resilience and public works department.

(8)

A contract or agreement entered into by the applicant with the director of resilience and public works on behalf of the city, the same providing for the construction of bulkheads, fill, excavation, extension of sanitary or storm sewer outfalls, relocation of any existing utilities, extension of or construction of pavement, curbs and gutters, sidewalks or other utilities which the director may require, if conditions encountered at the work make such additional construction desirable.

a.

Such contract or agreement shall be accompanied by a good and sufficient performance bond in the amount of 110 percent of the total estimated cost of the work, which estimated cost shall have first been approved by the director. The conditions of the performance bond will be such that if the applicant shall fully and faithfully perform the work in accordance with the terms of the contract or agreement, then the performance bond shall be considered complied with. Otherwise the surety thereon, within 30 days after written notice from the director of the failure or neglect of the applicant to perform, construct or cause to be constructed the work set forth in the contract or agreement, shall pay the city such sums as the director estimates necessary to construct or complete such work; and the surety shall also pay to the city any engineering and contingent costs, and any damages, direct or indirect, not to exceed ten percent thereof, such ten percent not to include reasonable attorney's fees, such attorney's fees to be in addition to the ten percent which the city may suffer on account of the failure of the applicant to carry out and execute all of the provisions of the contract or agreement. The city commission shall have the right to construct or cause to be constructed, after public advertisement and receipt of bids, the work provided for in the contract or agreement, and in the event the city commission exercises such right, the applicant and the surety shall be jointly and severally liable to pay the city the final cost of the work, together with any engineering and contingent costs, and any damages, direct or indirect, not to exceed ten percent thereof, such ten percent not to include reasonable attorney's fees, such attorney's fees to be in addition to the ten percent which the city may suffer on account of the failure of the applicant to carry out and execute the provisions of the contract or agreement. Upon completion of construction of the work by the applicant or surety, or payment to the city of the estimated or actual cost thereof, the director shall release the performance bond.

b.

A cashier's check in the amount of 110 percent of the total estimated cost of the work may be deposited with the city in lieu of the performance bond, the conditions of the deposit thereof to be such that if the applicant shall fully and faithfully perform the work in accordance with the terms of the contract or agreement, the amount of the check shall be returned to the depositor. Otherwise, in the event of the failure or neglect of the applicant to meet his/her obligations under the contract or agreement, the check may be applied by the city to the cost of constructing or completing the work, including any engineering or contingent costs, and any damages, direct or indirect, not to exceed ten percent thereof, such ten percent not to include reasonable attorney's fees, such attorney's fees to be in addition to the ten percent which the city may sustain on account of the failure of the applicant to carry out and execute all of the provisions contracted for or agreed upon.

c.

The performance bond or cashier's check may be reduced in amount as the works secured thereby are constructed, provided that the amount of the performance bond or cashier's check shall at all times be sufficient to cover the estimated cost of the uncompleted part of the work.

(Code 1967, § 27-12; Code 1980, § 29-22; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18)