(A) Timing. All project work under a permit shall be completed within the dates specified in the permit, unless the project work could not be completed due to circumstances beyond permittee's control, including seasonal weather prohibitions or inclement weather.
(B) Restoration costs. The permittee shall restore the public right-of-way and assume all costs therefor unless otherwise agreed upon. The right-of-way user shall remain responsible for replacing and compacting the sub-grade and aggregate base material in the excavation. The city, at its option, may choose to perform it's own restoration including any paving. If the city performs the restoration pursuant to this paragraph, the permittee shall pay to the city all costs thereof within 30 days of billing. If following such restoration, the roadway surface, boulevard, sidewalk, curb, or related infrastructure settles due to permittee's improper backfilling; the permittee shall, at its option, either correct the defector pay to the city all costs associated with correcting the defective work within 30 days of billing. If the permittee restores the public right-of-way, the city may require, and the permittee shall provide at the time of application for the permit, a city- specified type of security, in accordance with PUC rules, to cover the cost of repair and restoration. If within 24 months after completion of restoration of the right-of-way, the Director determines the right-of-way has been properly restored, the posted security will be released.
(C) Standards. All restoration shall be in accordance with the standards and materials specified by the city. The city shall establish written procedures and standards for public right-of-way restoration, which shall comply with PUC standards. Subject to PUC rules, the city shall have the authority to prescribe additional restoration procedures and standards on a case by case basis based on the following considerations:
(1) The number, size, depth, and duration of the excavation, disruption or damage to the public right-of-way;
(2) The traffic volume carried by the public right-of-way;
(3) The character of the neighborhood surrounding the public right-of-way;
(4) The pre-project condition of the public right-of-way;
(5) The remaining life-expectancy of the public right-of-way due to the project;
(6) The costs of the restoration method in relation to the prevention of an accelerated depreciation of the public right-of-way that could result due to the project work in the public right-of-way; and
(7) The likelihood that the particular restoration method would be effective in slowing the depreciation of the public right-of-way that would otherwise occur.
(D) Duty to correct defects. The permittee shall guarantee the restoration of the public right-of-way for 24 months following its completion (12 months for turf establishment). During the 24-month period, the permittee shall, upon written notification from the city, correct all non-complying restoration work, using the method required by the city. The correction work shall be completed within ten calendar days of the receipt of the notice from the city, not including days during which work cannot be done due to circumstances constituting force majeure or of unseasonable or inclement weather.
(E) As-built drawings. The permittee shall, if not already provided through another filing made within one year of completion of the project, annually submit to the city "as-built" drawings in a format usable by the city, as per state statutes, incorporating project work and restoration.
(Ord. 715, passed 5-23-02)