(A) Timing. The work to be done under the excavation permit, and the repair and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 91.14. In addition to repairing its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for 36 months thereafter.
(B) Repair and restoration. Permittee shall repair its own work. In addition, in its application for an excavation permit, the permittee may choose either to have the city restore the right-of-way or to restore the right-of-way itself.
(1) City restoration. If the permittee chooses to have the city restore the right-of-way, it shall pay the costs thereof within 30 days of billing. If, during the 36 months following the restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, the cost of repairing the pavement.
(2) Permittee restoration. If the permittee chooses to restore the right-of-way itself, it shall at the time of application for an excavation permit post a restoration bond in an amount determined by the Director to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, 36 months after completion of the restoration of the right-of-way, the Director determines that the right-of-way has been properly restored, the surety on the restoration bond shall be released.
(C) Standards. The permittee shall perform repairs and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The Director in exercising this authority shall be guided by the following standards and considerations:
(1) The number, size, depth, and duration of the excavations, disruptions, or damage to the right-of-way;
(2) The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way;
(3) The pre-excavation condition of the right-of-way; the remaining life expectancy of the right-of-way affected by the excavation;
(4) Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance, or damage to the right-of-way; and
(5) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place.
(D) Guarantees. By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for 36 months following its completion. During this 36-month period, it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. The work shall be completed within five calendar days of the receipt of the notice from the Director, 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 under § 91.14.
(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at his or her option may do the work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the restoration bond.
(F) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a permittee shall pay to the city a degradation fee to cover city costs associated with a decrease in the useful life of a public right-of-way caused by excavation and repairs. Payment of a degradation fee does not relieve permittee of the obligation to make necessary right-of-way repairs.
(Ord. 152, passed 8-7-2000) Penalty, see § 10.99