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(A) Any warranty made hereunder shall serve as security for the performance of work necessary to repair the public right-of-way if the permittee fails to make the necessary repairs or to complete the work under the permit.
(B) The permittee, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in a manner acceptable to the town and warrants and guarantees all work done for a period of two years after the date of probationary acceptance, and agrees to maintain upon demand and to make all necessary repairs during the two-year period. This warranty shall include all repairs and actions needed as a result of:
(1) Defects in workmanship;
(2) Settling of fills or excavations;
(3) Any unauthorized deviations from the approved plans and specifications;
(4) Failure to barricade;
(5) Failure to clean up during and after performance of the work; and
(6) Any other violation of this chapter or the codes or ordinances of the town.
(C) The two-year warranty period shall run from the date of the town’s probationary acceptance of the work. If repairs are required during the three-year warranty period, those repairs need only be warranted until the end of the initial two-year period starting with the date of probationary acceptance. It is not necessary that a new two-year warranty be provided for subsequent repairs after probationary acceptance.
(D) At any time prior to completion of the two-year warranty period, the town may notify the permittee in writing of any needed repairs. Such repairs shall be completed within 24 hours if the defects are determined by the town to be an imminent danger to the public health, safety and welfare. Non- emergency repairs shall be completed within 30 calendar days after notice.
(E) The warranty described in this section shall cover only those areas of work undertaken by a permittee, and not directly impacted by the work of any other permittee or the town. In the event that a portion of work warranted by the permittee is subsequently impacted by work of another permittee or the town during the warranty period, that other permittee or the town shall assume responsibility for repair to the subsequently impacted section of right-of-way.
(Prior Code, § 165.9) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
A minimum of three inspections shall take place. First, the permittee shall request that the town conduct a pre-construction inspection, to determine any necessary conditions for the permit. Second, the permittee shall notify the town immediately after completion of work operations. The town shall inspect the completed work within 21 days of the permittee’s notification. Probationary acceptance will be made if all work meets town and permit standards. Third, approximately 30 days prior to the expiration of the two-year guarantee, the town shall conduct a final inspection of the completed work. If the work is still satisfactory the bond or letter of credit shall be returned or allowed to expire, with a letter of final acceptance, less any amounts needed to complete work not done by the permittee. Upon review of the application for a permit, the Director shall determine how many additional inspections, if any, may be required. For work that does not involve material disturbance in the rights-of-way, the Director shall waive the final inspection and the performance bond/letter of credit.
(Prior Code, § 165.10) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
The permittee shall maintain a safe work area, free of safety hazards. The town may make any repair necessary to eliminate any safety hazards not performed as directed. Any such work performed by the town shall be completed and billed to the permittee at overtime rates. The permittee shall pay all such charges within 30 days of the statement date. If the permittee fails to pay such charges within the prescribed time period, the town may, in addition to taking other collection remedies, seek reimbursement through the warranty guarantee. The town shall not issue any further permits of any kind to said permittee, until all outstanding charges (except those outstanding charges that are honestly and reasonably disputed by the permittee and being negotiated in good faith with the town) have been paid in full.
(Prior Code, § 165.11) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
All work covered by the permit shall be completed by the date stated on the application. Permits shall be void if work has not commenced three months after issuance, unless the Director has granted an extension. Performance bonds, letters of credit or letters of responsibility deposited as a performance/warranty guarantee for individual permits will be returned after voiding of the permit, with administrative and any other town costs deducted.
(Prior Code, § 165.12) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
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