A. Required; Standards And Specifications: The permittee and any other person making any excavation or tunnel in or under any public way shall, at its own expense, restore the surface of any public way to its original condition and replace any removed or damaged pavement with the same type and depth of pavement as that which is abutting, including the gravel base material. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. All restoration shall conform to the engineering design and construction standards and specifications required in this chapter or otherwise adopted by the department and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the department. There shall be a penalty for each day after the time limits set forth in the permit that restoration is not accomplished. (Ord. 2015-02, 2-5-2015)
B. Responsibility Of Permittee: If, within the preceding three (3) years, the pavement to be excavated has been: 1) paved or repaved with asphalt, then the permittee shall be responsible for replacing the entire width of the excavated pavement from road edge to road edge and to a distance of six feet (6') from each side of the excavation with new asphalt to match the existing asphalt thickness plus one inch (1"), but in no case less than four inches (4") or more than six inches (6"); and slurry seal the entire width of the pavement surrounding the excavation from road edge to road edge and to a distance of twenty five feet (25') from each side of the excavation; or 2) resurfaced with slurry seal or chip seal, then, in addition to its other pavement restoration obligations under this chapter, the permittee shall be responsible for slurry sealing the entire width of the pavement surrounding the excavation from road edge to road edge and to a distance of twenty five feet (25') from each side of the excavation.
C. Suspension Of Operations: The director of the department has authority to suspend operations under excavation permits where, in his opinion based on standards from time to time adopted by the American Association Of State Highway And Transportation Officials (AASHTO), climatic changes would prevent proper restoration of pavement surfaces.
D. Failure To Comply: If the permittee fails to restore the surface of any public right of way to its original condition in accordance with the standards required in this chapter, the department may authorize and employ the necessary assistance to restore the surface to its original condition. The permittee promptly shall pay all expenses incurred to restore the surface. The department shall prepare an itemized statement of all expenses incurred in such restoration and shall deliver a copy thereof to the permittee and/or the bondholder.
E. Guarantee Term: All work by a permittee to restore the surface of any public right of way to its original condition shall be deemed guaranteed by the permittee for a period of two (2) years after such restoration is completed. If the city discovers defects in such restoration at any time within such guaranty period, then the city shall so notify the permittee and the permittee shall perform all necessary repairs within seven (7) business days after its receipt of such notice of defects from the city. If the permittee fails to so act, then the department may authorize and employ the necessary assistance to restore the surface to the required condition. The department shall prepare an itemized statement of all expenses incurred in such restoration and shall deliver a copy thereof to the permittee. The permittee promptly shall pay all expenses incurred by the city to restore the surface. (Ord. 08-18, 7-17-2008)