(a) All pavement cuts, openings and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to City specifications.
(b) The Engineer must be notified by the permittee during the twenty-four hour period preceding the beginning of backfilling of the date and approximate time at which backfilling will begin.
(c) The work of the final restoration, including both paving surface and paving base, shall be performed by the permittee according to City specifications.
(d) If the Engineer finds that paving surfaces adjacent to the street, curb or sidewalk opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, he may require a negotiated contribution from the permittee for the resurfacing, in place of patching of such street if the total area of the proposed patch or probable damaged area exceeds twenty-five percent (25%) of the total pavement surfacing between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
(e) After excavation is commenced, the work of making and backfilling the same be prosecuted with due diligence.
(f) The Engineer shall make such inspections as he may deem necessary of all work authorized by a permit. The Engineer is empowered to provide a full-time inspector if necessary to ensure compliance with the provisions of this article.
(g) The permittee shall notify the Engineer in writing upon completion of all work accomplished under the provisions of the permit. A certificate of final inspection shall be issued by the Engineer to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided the work authorized by the permit has been performed according to City specifications. Prior to the issuance of a certificate, the Engineer shall make a final inspection of the restoration to determine whether City specifications have been adhered to.
(h) If any settlement in a restored area occurs within a period of one year from date of completion of the permanent restoration, any expense incurred by the City in correcting such settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the Engineer that the settlement was not due to defective backfilling.
(i) In no case shall any opening made by a permittee be considered in the charge or care of the City, or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power, when it is necessary to protect life and property.
(Ord. 528. Passed 5-5-81.)