In making any excavations in any street, alley, public right-of-way, or public place, company, its successors and assigns, shall protect the site while work is in progress by guards, barriers or signals in compliance with the current federal, state, and local standards and requirements for traffic control, shall not unnecessarily obstruct the use of the streets, and shall back fill all openings in such manner as to prevent settling or depressions in surface, pavement or sidewalk of such excavations with same materials, restoring the condition as nearly as practical. All excavations, restoration work, construction materials, and construction practices shall be in compliance with the current city standard specifications for work in the right-of-way. The company shall not be required to restore or modify public right-of-way, sidewalks or other areas in or adjacent to the company project to a condition superior to its immediate previously existing condition. The company shall obtain a no-cost R.O.W. excavation permit from the city for work in the public right-of-way. In cases of emergency, the company may complete the needed work and obtain the required no-cost permit within two business days of beginning the emergency work. In the event the company fails to restore the work area in accordance with this section as promptly as is practical, the city and the company shall meet to resolve the issue within ten days of notice. If the parties agree in writing, the city may complete the necessary work at the expense of the company.
(Ord. 2362, passed 8-19-2019)