(A) Inspections: The Department of Public Works, or qualified designee, shall inspect Rights-of-Way occupancy permit locations/sites to evaluate the condition of public infrastructure (including but not limited to; curb/gutter, sidewalk, roadway/street and alley paving, grading, drainage structures, bridges [vehicular and pedestrian], railings, retaining walls, boulevard or median improvements, driveway approaches, alley approaches, curb ramps, landscaping, street lighting, traffic management signs, traffic signals, curb and pavement markings, traffic management structures, public utility connections and other related appurtenances to determine if any harm, damage, degradation 1 , or other adverse condition to the public infrastructure has occurred. Any/all resultant harm, damage, degradation, or other adverse condition to the public infrastructure shall be fully restored to prior condition or better, as determined feasible and/or appropriate by the Public Works Department. The permittee accepts full responsibility, including any/all resultant costs, for restoration of the public infrastructure. Failure to comply with restoration requirements may result in the City completing the restoration work and;
1. Assessing the person, firm or corporation; and
2. Drawing against the bonds posted by one or more licensed contractors; and
3. Refusing future ROW permits for nonperformance until performance issues are resolved.
(B) Street Restoration:
1. The permittee, or its agent or contractor, shall restore, repair and replace any portion of the improvements or infrastructure located within Rights-of-Way that is damaged or disturbed by the permittee’s work in or adjacent to the Rights-of-Way.
2. If the permittee fails to timely restore, repair or replace the Rights-of-Way as required in this subsection, the City or its contractor may do so and the permittee shall pay the City’s reasonable costs and expenses in completing the restoration, repair or replacement including reasonable attorneys’ fees and expenses.
(C) Bond Requirements:
The Public Works Director is authorized to require a bond, or deposit, from any permittee under this Chapter, in order to guarantee the restoration of the street and Rights-of-Way or use thereof to its original condition and to compensate the City for the degradation of the street and Rights-of-Way.
Bond amounts shall be at the discretion of the Public Works Director, utilizing commonly used estimation formulas for Public Works Construction. (Ord. O-2022-009, 2-28-2022)
Notes
| 1 | 1. As used in the Chapter, Degradation means a decrease in the useful life of the infrastructure located in Rights-of-Way or damage to any landscaping within the Rights-of-Way caused by excavation in or disturbance of the Rights-of-Way, resulting in the need to reconstruct the surface and/or subsurface structure of any such Rights-of-Way earlier than would be required if the excavation or disturbance did not occur. |