A. In the event that the franchisee fails to perform the work within the time specified in the permit, the city may require the franchisee to pay to the city five hundred dollars ($500) per day as liquidated damages for each day construction extends beyond the time specified in the permit. This provision shall not apply should the franchisee establish to the reasonable satisfaction of the City Engineer that the franchisee was prevented from performing by reason of the adverse effects of an act of God, war, riot, civil commotion, strikes, fire, flood, earthquake, extreme weather, or other similar cause beyond the reasonable control of franchisee. In such case, the required date for performance shall be extended for a period equal to the delay caused by such adverse effects, unless otherwise agreed. Such extension of time shall be documented in writing by the City Engineer.
B. Whenever the franchisee fails to complete any work required by the terms and conditions of the franchise, and the permits issued thereunder, within the time limits required thereby, the city may complete or cause to be completed the work, to the extent permitted by and in compliance with applicable law, at the expense of the franchisee. The franchisee agrees to pay to the city the cost of performing such work. The amount so chargeable to franchisee shall be the reasonable direct cost of said work plus the current rate of overhead being charged by the city for reimbursable work.
(Ord. 1152, passed 5-17-11)