(a) The work to be done under the excavation permit, and the repair and restoration of the right-of-way as required, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of permittee or when work was prohibited as unseasonable; and in addition to repairing its own work, the permittee must restore the general 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 the work and use reasonable care to maintain the same condition for one (1) year thereafter. The permittee may be required to post a restoration bond if, and in an amount, determined by the City Engineer to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, one year 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 bond shall be released. The permittee shall perform repairs and restorations according to the standards and with the materials specified 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 be guided 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 carried by the right-of-way.
(3) The character of the neighborhood surrounding the right-of-way; the pre-excavation condition of the right-of-way.
(4) The remaining life-expectancy of the right-of-way affected by the excavation.
(5) 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.
(6) 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.
(b) Methods of restoration may include, but are not limited to, patching, replacement of the right-of-way base, and milling and overlay of the entire area of the right-of-way affected by the work. The permittee guarantees its work and shall maintain it for one year following its completion. During this one-year period, the permittee shall, upon notification from the City Engineer, correct all restoration work to the extent necessary using the method required by the City Engineer. Such work shall be completed within five (5) calendar days of the receipt of the notice from the City Engineer, not including days during which work cannot be done because of circumstances constituting force majeure or days when work was prohibited as unseasonable. 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 repairs required by the City Engineer, the City Engineer, at his or her 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 or the City may exercise on the restoration bond.
(Ord. 2003-53. Passed 3-24-03.)