A. Timing: The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under section 8-6-9 of this chapter.
B. Patch And Restoration: The permittee shall patch its own work. The City may choose to either have the permittee restore the right-of-way or to restore the right-of-way itself.
1. City Restoration: If the City restores the right-of-way, the permittee shall pay the costs thereof within thirty (30) days of billing. If, during the thirty six (36) months following such restoration, the pavement settles due to the permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work.
2. Permittee Restoration: If the permittee restores the right-of- way itself, it shall, at the time of application for an excavation permit, post a construction performance bond in an amount determined by the City Engineer to be sufficient to cover the cost of restoration. If, within thirty six (36) months after completion of the restoration of the right-of-way, the City Engineer determines that the right-of-way has been properly restored, the surety on the construction performance bond shall be released.
C. Standards: The permittee shall perform patching and restoration according to the standards and with the materials specified or approved by the City Engineer. The City Engineer 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 Engineer, in exercising this authority, shall comply with PUC standards for right-of-way restoration and shall further be guided by the following considerations:
1. The number, size, depth and duration of the excavations, disruptions, or damage to the right-of-way.
2. The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way.
3. The preexcavation condition of the right-of-way; the remaining life expectancy of the right-of-way affected by the excavation.
4. 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 right-of-way that would otherwise result from the excavation, disturbance or damage to the right- of-way.
5. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place.
D. Guarantees: By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for thirty six (36) months following its completion. During the thirty six (36) month period, it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the City Engineer. Said work shall be completed within five (5) business days of the receipt of the notice from the Director, exclusive of weekends, legal holidays, periods during which work cannot be done because of circumstances beyond the permittees reasonable control or days when work is prohibited as unseasonal or unreasonable under section 8-6-9 of this chapter.
E. Failure To Restore: If the permittee fails to restore the right-of-way in the manner and to the condition required by the City Engineer, or fails to satisfactorily and timely complete all restoration required by the City Engineer, the City, at its option, may do such work. In that event, the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If the permittee fails to pay as required, the City may exercise its rights under the construction performance bond.
F. Degradation Cost In Lieu Of Restoration: In lieu of right-of- way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching, and the degradation fee shall not include the cost to accomplish these responsibilities. (Prior Code § 6-6-12)