1. Restoration Required. The work to be done under an excavation permit issued pursuant to this chapter and the restoration of the right-of-way as required in this chapter must be completed within the dates specified in the permit. In addition to its own work, the permittee must restore or pay for the restoration of the general area of the work, and the surrounding areas, including the paving and its foundations, to its proper and required condition in accordance with the City’s utility accommodation and street restoration specifications, unless the Building Inspector deems other or additional specifications must be utilized in order to secure proper restoration. Further, the permittee shall inspect the area of the work and use reasonable care to maintain the same condition for 24 months thereafter.
2. Performance and Maintenance Bond. An applicant for an excavation permit shall at the time of application for an excavation permit post a performance bond in an amount reasonably determined by the Building Inspector to be sufficient to cover the cost of restoring the right-of-way to its proper and required condition pursuant to the City’s utility accommodation and street restoration specifications and in accordance with the current restoration cost schedule established by resolution of the City Council. If at the conclusion of the 24-month period after completion of the restoration of the right-of-way, the department determines that the right-of-way has been properly restored, the surety on the performance bond shall be released.
3. Bond Condition. The bond shall be conditioned upon:
A. The faithful performance of the right-of-way restoration work required under this chapter, or payment of the restoration costs incurred by the City; and
B. The faithful performance of the terms of the permit, the provisions of this chapter, and any other requirements provided by law.
If the applicant fails or neglects to properly restore the right-of-way to its proper condition within the time for completion set forth in the permit, or within a reasonable time after notice by the Building Inspector of such failure or neglect, or fails to pay the restoration costs incurred by the City or fails or neglects to properly maintain the right-of-way to its proper condition within a reasonable time after notice by the Building Inspector of such failure or neglect, or fails to pay the maintenance costs incurred by the City, the right-of-way shall be restored or maintained by the City and the costs thereof, as certified by the Building Inspector, shall be promptly paid by the applicant or bonding company as the case may be.
4. Alternate Forms of Security. In lieu of filing a performance bond in connection with each excavation permit application, an applicant may, in the discretion of the Building Inspector, be allowed to post with the City Treasurer an alternate form of security in the form of an annual performance bond, letter of credit, certificate of deposit, or certified check in an amount deemed sufficient by the Building Inspector, but in no event less than $25,000.00, to secure the applicant’s performance of all restoration work which the applicant will become responsible for during the next 12-month period in accordance with the current restoration cost schedule established by resolution of the City Council upon the recommendation of the Building Inspector. Such alternate form of security shall be conditioned upon the applicant’s performance as provided in subsection 3 of this section. If the costs as certified by the Building Inspector during such year are less than such letter of credit, certificate or deposit, or certified check, or if the maintenance period provided for in the permit has expired with the applicant having satisfied all of its restoration and maintenance responsibilities, the balance thereof shall upon request be returned to the applicant. If it appears to the Building Inspector at any time after issuance of a permit that the security so provided by letter of credit, certificate of deposit, or certified check is inadequate to secure the performance of all such restoration work, the Building Inspector may require the permittee to increase such security. If the costs during such year exceed the amount of such additional security provided by letter of credit, certificate of deposit, or certified check, the applicant shall be required to pay such difference to the City. Such excess costs shall be paid before any subsequent application by the applicant for a permit under this chapter may be processed by the department. If the City incurs any outlay and expense in collecting its costs from the applicant, such outlay and expense shall be paid by the applicant or bonding company in addition to other amounts due.
5. Bond for Licensed Plumbing Contractors. A licensed plumbing contractor may satisfy the requirements of subsections 1 through 4 of this section by maintaining on file with the City a performance and maintenance bond in the amount of $5,000.00 for the period running concurrently with the plumbing contractor’s license, so long as such bond specifically provides coverage for any and all street excavations undertaken pursuant to this chapter during such period, unless the Building Inspector determines such bond amount is insufficient to cover the anticipated cost of restoration of the right-of-way for which the permit is sought.
6. Restoration by City or City Contractor. If an applicant for an excavation permit has not qualified to perform right-of-way restoration work as provided in this section or if a qualified applicant chooses to have the City or the City’s contractor restore the right-of-way, it shall pay the costs thereof within 30 days of billing. If, during the 48 months following such restoration, the pavement settles due to the permittee’s improper backfilling, the permittee shall pay to the City, within 30 days of billing, the cost of repairing the pavement.
7. Restoration by Permittee. An applicant for an excavation permit who has been determined qualified to perform right-of-way restoration work as provided in this section and who intends to itself restore the right-of-way shall so indicate in its application for an excavation permit. The permittee shall perform the work in accordance with the City’s utility accommodation and street restoration specifications, unless the Building Inspector deems other or additional specifications must be utilized in order to secure proper restoration. The Building Inspector 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 Building Inspector, in exercising this authority, shall be guided by the following standards and considerations: the number, size, depth, and duration of the excavations, disruptions or damage to the right-of-way; the pre-excavation condition of the right-of-way; the remaining life expectancy of the right-of-way affected by the excavation; whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of the accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way; and the likelihood that the particular method of restoration would be effective in slowing the degradation of the right-of-way that would otherwise take place. Methods of restoration may include but are not limited to patching, replacement of the right-of-way base, and milling and overlay of the entire area of the right-of-way affected by the work. By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for 24 months following its completion. During this 24-month period, the permittee shall, upon notification from the department, correct all restoration work to the extent necessary using the method required by the department. Such work shall be completed within the period of time allotted therefor as set forth in the notice from the department. If the permittee fails to restore the right-of-way in the manner and to the condition required by the department or fails to satisfactorily and timely complete all repairs required by the department, the City, at its option and after proper notice, may do such work or cause its contractor to do such work. In that event, the permittee shall pay to the City, within 30 days of billing, all costs incurred by the City in restoring the right-of-way.