Except as otherwise provided for in this section, the grantee shall repair any damage to the affected area, including third party property, caused by grantee’s excavation of the public ROW and restore the surface of the public ROW in the area disturbed by any excavation by the grantee to at least the same condition that it was in prior to excavation and in accordance with city standards; provided, however, the grantee shall not, at the grantee’s expense, be required to pave a gravel street that was gravel prior to the excavation, install sidewalk panels or curbs where sidewalk panels or curbs did not exist prior to the excavation, or construct additional improvements in the public ROW that did not exist prior to the excavation. If the grantee fails to restore the public ROW to at least the same condition that it was in prior to the excavation and in accordance with city standards subject to the preceding sentence, the city shall give the grantee written notice and provide the grantee a reasonable period of time, not to exceed 30 days, to restore the public ROW. If the work of the grantee creates a public safety hazard as determined by the City Engineer, the grantee may be required to repair or restore the public ROW within 24 hours notice from the city, or such time as agreed between the City Engineer and the grantee, taking into consideration weather and other relevant factors. Should the grantee fail to make such repairs or restorations within the aforementioned time frames, the city may, after providing notice to the grantee and a reasonable opportunity to cure, refill or repave any opening made by the grantee in the public ROW and the expense thereof shall be paid by the grantee. The city reserves the right, after providing notice to the grantee, to remove or repair any work completed by the grantee, which, in the determination of the City Engineer is inadequate, using a qualified contractor in accordance with applicable state and federal safety laws and regulations, and grantee’s construction standards as provided to the OPUC. The cost thereof, including the cost of inspection and supervision, shall be paid by the grantee. In the event that the grantee’s work is coordinated with other construction work in the public ROW, the City Engineer may excuse the grantee from restoring the surface of the public ROW, providing that as part of the coordinated work, the public ROW is restored to good order and condition.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)