(A) Timing. The work to be done under the excavation permit, and the repair 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 permit holder or when work was prohibited as unseasonable or unreasonable under § 94.18. In addition to repairing its own work, the permit holder must restore the general work area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of work and use reasonable care to maintain the same condition for 36 months thereafter.
(B) Repair and restoration. The permit holder shall repair its own work. In addition, in its application for an excavation permit, the permit holder may choose either to have the city restore the right-of-way or to restore the right-of-way itself.
(1) City restoration. If the permit holder chooses to have the city restore the right-of-way, the permit holder shall pay the costs thereof within 30 days of billing. If, during the 36 months following the restoration, the pavement settles due to the permit holder’s improper backfilling, the permit holder shall pay to the city, within 30 days of billing, the cost for the resultant degradation as well as for any and all additional city costs associated therewith.
(2) Permit holder restoration. If the permit holder chooses at the time of application for an excavation permit to restore the right-of-way itself, the permit holder shall post an additional performance and restoration bond in an amount determined by the city to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, 36 months after completion of the restoration of the right-of-way, the city determines that the right-of-way has been properly restored, the surety on the performance and restoration bond posted pursuant to this division (B)(2) shall be released.
(C) Standards. The permit holder shall perform the work according to the standards and with the materials specified 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 but not limited by the following standards and considerations:
(1) The number, size, depth, and duration of the excavations, disruptions, or damage to the right-of-way;
(2) The traffic volume catted by the right-of-way; the character of the neighborhood surrounding the right-of-way;
(3) The pre-excavation condition of the right-of-way; remaining life expectancy of the right-of-way affected by the excavation;
(4) Whether the relative cost of the method of restoration to the permit holder 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; and
(5) The likelihood that the particular method of restoration would be effective in slowing the deprecation of the right-of-way that would otherwise take place.
(D) Guarantees. By choosing to restore the right-of-way itself, the permit holder guarantees its work and shall maintain it for 36 months following the completion. During this 36-month period, it shall, upon notification from the city, correct all restoration work to the extent necessary, using the method required by the city. The work shall be completed within five calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of extraordinary circumstances or days when work is prohibited as unseasonable or unreasonable under § 94.18.
(E) Failure to restore. If the permit holder fails to restore the right-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 may perform or cause to be performed the work. In that event, the permit holder shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the permit holder fails to pay as required, the city may exercise its rights under the performance and restoration bond.
(F) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a permit holder shall pay to the city a degradation fee to cover city costs associated with a decrease in the useful life of a public right-of-way caused by excavation and repairs. Payment of a degradation fee does not relieve the permit holder of the obligation to make necessary right-of-way repairs.
(Prior Code, § 96.15)