(A) Any work performed in the public right-of-way, including restoration, shall be completed by the completion date specified in the permit or as otherwise specified or provided by the city. Upon completion of work (or at such time as may be specified by the city if construction is not completed by the completion date or is terminated for any reason, including revocation of the permit), the public right-of-way shall be restored to a condition which is at least as good as its condition prior to commencement of work. Restoration of the public right-of-way shall be performed in accordance with any specifications or standards regarding materials or any other matter specified by the city. The city may establish generally applicable restoration standards, which apply unless the city specified other standards in a particular situation or may establish restoration standards on a case-by-case basis.
(B) If a provider (or other person if no provider is involved) fails to restore the public right-of-way, including any paved surface, curbs, or fixtures, to a condition at least as good as its condition prior to commencement of construction or to complete such restoration work by the completion date specified in the permit or as otherwise specified or provided by the city, the city may perform any work or undertake any other activity which it deems necessary to complete such work and/or restore the public right-of-way. The provider (or other person if no provider is involved) shall reimburse the city for any such costs in an amount equal to the sum of the actual cost of any work or other activity undertaken by the city and 25% of such cost as compensation to the city for general overhead and administrative expenses associated with such work and shall pay such costs as directed by the city and not later than 20 calendar days after receipt of a bill.
(C) A provider (or other person if no provider is involved) shall guarantee and maintain any public right-of-way which the city determines has been affected or altered by any excavation in the public right-of-way of any break or cut in any surface of the public right-of-way made by such provider or person for the 24 months following the date of completion of restoration of the affected or altered public right-of-way either by the provider or person or by the city. Such provider or person shall take such action as the city deems necessary to correct any deficiencies in such restoration work within such 24-month period. Shall commence such action not later than five calendar days after receipt of notice from the city or such other date as may be specified by the city, and complete such action promptly but not later than the date or any other deadline established by the city. The city may elect to perform any such work itself or undertake any other activity, which it deems necessary to correct any such deficiency during such 24-month period. Such provider or person shall be liable to the city for any costs incurred in connection with any such corrective action in an amount equal to the sum of the actual cost of any work or other activity undertaken by the city plus 25% of such cost as compensation to the city for general overhead and administrative expenses associated with such work and shall pay such costs as directed by the city and not later than 20 calendar days after receipt of a bill.
(Ord. 1537, passed 4-20-2017)