(a) . If the the right-of-way, the shall pay the costs thereof within 30 days of billing. If, during the 24 months following such , the settles due to the improper backfilling, the shall pay to the , within 30 days of billing, all costs associated with having to correct the defective work. At the time of initial permit application, the must indicate whether or not they are electing to pay the in lieu of .
(b) . If the the right-of-way, it shall at the time of application for a post security in the form determined by the , such as a performance bond, letter of credit or cash deposit in an amount determined by the to be sufficient to cover the cost of . Any performance bond or letter of credit must be approved by the City Attorney. If, within 24 months after completion of of the right-of-way, the determines the right-of-way has been properly restored, the posted security will be released.
(c) Standards. The shall perform and according to the standards specified in Plates 1 to 13 (located in Appendix A), which are attached hereto and incorporated herein.
(d) Guarantees. If the performs the work, the shall guarantee such work and its maintenance for 24 months following its completion. During this 24-month period it shall, upon notification from the , correct all work to the extent necessary, using the method required by the commencing the work within two days of receipt of the notice and completing the work within 14 days thereafter, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable in the determination of the .
(e) Failure to . If the fails to the right-of-way in the manner and to the condition required by the , or fails to satisfactorily and timely complete all required by the , the shall notify the in writing of the specific alleged failure or failures and shall allow the five business days from receipt of said written notice to cure said failure or failures, unless otherwise extended by the . In the event the fails to cure, the may at its option perform the necessary work and shall pay to the , within 30 days of billing, the cost of restoring the right-of-way, including all staff and administrative costs, their overhead and fringe benefits. If fails to pay as required, the may recover its costs from the posted security.
(f) in lieu of . In lieu of right-of-way , a may elect to pay a . However, the shall remain responsible for replacing and compacting the subgrade and aggregate based material in the excavation and the shall not include the cost to accomplish these responsibilities.
(Ord. 98-54, passed 11-16-1998; Ord. 2006-32, passed 7-24-2006)