The
shall
its own work. The work to be done under the
, and the
and
of the right-of-way as required herein, must be completed within the dates specified in the permit unless the
is granted a new permit or an extension of the initial permit by the
pursuant to § 17.68(b) of this Article IV.
(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)