(A) The work to be done under the permit, and the restoration of the rights-of-way as required herein, must be completed within the dates specified in the permit. In addition to its own work, the permittee must restore the general area of the work, and the surrounding areas, including trench backfill, paving and its foundations in accordance with the standards established by the Public Works Director, subject to any applicable laws. The permittee must also inspect the area of the work and use reasonable care to maintain the same condition for 12 months thereafter. If a permittee is unable to timely complete the restoration of rights-of-way due to unreasonable inclement weather conditions, the permittee shall complete the restoration of the rights-of-way as soon as weather conditions make it possible to do so and upon said completion notify the city.
(B) In approving an application for a permit, the city may have the permittee restore the rights-of-way or the city may restore the rights-of-way itself at the permittee's cost if the permittee has in the past not abided by the requirements of this chapter.
(C) If the city chooses to allow permittee to restore the rights-of-way, Right-of-Way Permittee shall at the time of application of a Right-of-Way Permit post a Construction Bond in an amount determined by the city to be sufficient to cover the cost of restoring the rights-of-way to a condition at least as good as its condition immediately prior to construction. If, 12 months after completion of the restoration of the rights-of-way, the city determines that the rights-of-way have been properly restored, the surety on the Construction Bond shall be released.
(D) The permittee shall perform the work according to the standards and with the materials specified and approved by the city. The city 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 city 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 rights-of-way; the traffic volume carried by the rights-of-way; the character of the neighborhood surrounding the rights-of-way; the pre-excavation condition of the rights-of-way; the remaining life-expectancy of the rights-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 an accelerated depreciation of the rights-of-way that would otherwise result from the excavation, disturbance or damage to the rights-of-way; and the likelihood that the particular method of restoration would be effective in slowing the depreciation of the rights-of-way that would otherwise take place. Methods of restoration may include, but are not limited to, patching the affected area, replacement of the rights-of-way base at the affected area, and in the most severe cases; milling, overlay and/or street reconstruction of the entire area of the rights-of-way affected by the work.
(E) By restoring the rights-of-way itself, the permittee guarantees its work and shall maintain it for 12 months following its completion. During this 12 month period, it shall, upon notification from the Public Works Department, correct all restoration work to the extent necessary using the method required by the Public Works Department. Weather permitting, said work shall be completed within five calendar days of the receipt of the notice from the Public Works Department.
(F) If the permittee fails to restore the rights-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all repairs required by the city, the city, at its option, with notice to provider and a reasonable time to cure, may do such work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the rights-of-way and any other costs incurred by the city. Upon failure to pay, the city may call upon any bond or letter of credit posted by permittee and/or pursue any and all legal and equitable remedies.
(Ord. 24-2004, passed 12-20-04; Am. Ord. 03-2019, passed 1-22-19)