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Every person, other than subdividers authorized pursuant to subdivision improvement agreements, constructing public improvements and/or installing, adjusting or repairing public utility facilities in the public right-of-way shall present an application for a public works construction permit to the Director of Public Works. Upon receipt of proper fees, bonds, policy of insurance, plans and such other pertinent documents as required by the Director of Public Works, said Director may issue a public works construction permit to perform specified work in the public right-of-way. The specified work shall be undertaken by a utility company properly franchised by the City or a properly qualified contractor, licensed under the laws of the state; provided, however, that in the case of encroachments being constructed in the public rights-of-way which do not affect public improvements either requiring the construction, reconstruction or relocation thereof, they may be performed by the property owner as provided in Chapter 12.28 CVMC. The application shall be filed on forms approved by the Director of Public Works and shall contain assurances or stipulations that the applicant is a franchised utility company or such a licensed contractor and that he will construct all work or improvements in a good and workmanlike manner and in strict conformity to the provisions of this title and the standards and specifications adopted by the City, as presently existing or as same may be amended. Said application for the construction and installation of public improvements by private contractor meeting said qualifications shall be accompanied by a performance bond of the nature and in the amount set forth in CVMC 12.20.020 through 12.20.090; provided, however, the following are exempt from the requirements of depositing said performance bond:

A. No performance bond, under the provisions of this title, shall be required from the state or any of its political subdivisions or any governmental agency;

B. A contractor working for the state, or any of its political subdivisions or any governmental agency, shall present a performance bond unless proof is submitted that the work is covered by a bond insuring to the benefit of the state or agency. (Ord. 2521 § 1, 1992; Ord. 1240 § 6; Ord. 1205 § 2, 1969; prior code § 27.401).