Title 13 - Streets and Sidewalks

13.12.500 Right-of-way Repair and Restoration.

1. A.
   The work to be done under the Right-of-way Permit and the Repair and Restoration of the Right-of-way as required herein must be completed within the dates as specified in the permit. However, in the event of circumstances beyond the control of the Permittee or when work was prohibited by unseasonable or unreasonable conditions, the City Engineer may extend the date for completion of the project upon receipt of a supplementary application for a permit extension.
2. B.
   All earth, materials, sidewalks, paving, crossing, utilities, Public Improvement or improvements of any kind damaged or removed by the Permittee shall be fully repaired or replaced promptly by the Permittee at its sole expense and the reasonable satisfaction of the City. The City Engineer has the authority to inspect the Repair or replacement of the damage, and if necessary, to require the Permittee to do the additional necessary work. Notice of the unsatisfactory Restoration and the deficiencies found will be provided to the Permittee and a reasonable time not to exceed fifteen days will be provided to allow for the deficiencies to be corrected; provided, the City Engineer may, in the City’s Engineer’s sole discretion, approve additional time for good cause shown.
3. C.
   After any excavation, the Permittee shall, at its expense, restore all portions of the Right-of-way to the same condition or better condition than it was prior to the excavation thereof.
4. D.
   In addition to repairing its own Street cuts, the Permittee must restore any area within five (5) feet of the new Street cut that has previously been excavated, including the paving and its aggregate foundations.  In the event of lengthy longitudinal street cuts or multiple street cuts, the City Engineer may require the entire lane to be repaved.
5. E.
   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 the City may, at its option, serve written notice upon the Permittee and its surety (regarding the bond(s) covering the work in the Right-of-way) that, unless within five (5) days after serving of such notice, a satisfactory arrangement can be made for the proper Restoration of the Right-of-way, the City shall immediately serve notice of failure to comply upon the surety and the Permittee, and the surety shall have the right to take over and complete the work; provided, however, that if the surety does not commence performance thereof within ten (10) days from the date of notice, the City may take over the work and prosecute same to completion, by contract or otherwise, at the expense of the Permittee, and the Permittee and its surety shall be liable to the City for any and all excess cost assumed by the City by reason of such prosecution and completion.
6. F.
   The Permittee responsible for the excavation who leaves any debris in the Right-of-way shall be responsible for providing safety protection in accordance with the City's Traffic Control Regulations and any applicable federal or state requirement.
7. G.
   If an excavation cannot be back-filled immediately and left unattended, the Permittee shall securely and adequately cover the unfilled excavation. The Permittee has sole responsibility for maintaining proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel.
8. H.
   In restoring the Right-of-way, the Permittee guarantees its work and shall maintain it for twenty-four (24) months following its completion. During the twenty-four (24) months the Permittee shall, upon notification from the City Engineer, correct all Restoration work to the extent necessary, using any method as required by the City Engineer. Said work shall be completed within a reasonable time, not to exceed thirty (30) calendar days, of the receipt of notice from the Public Works (not including days during which work cannot be done because of circumstances constituting force Majeure or days when work is prohibited as unseasonable or unreasonable). In the event the Permittee is required to perform new Restoration pursuant to the foregoing guarantee, the City Engineer shall have the authority to extend the guarantee period for such new Restoration for up to an additional twenty-four (24) months from the date of the new Restoration, if the City Engineer determines any overt action by the Permittee not to comply with the conditions of the Right-of-way Permit and any Restoration requirements.
9. I.
   The twenty-four (24) month guarantee period shall be applicable to failure of the Pavement surface as well as failure below the Pavement surface.
10. J.
    Payment of an Excavation Fee shall not relieve the Permittee of the obligation to complete the necessary Right-of-way Restoration.

(History: Ord. No. RW-3296 §17, 2020; Ord. RW-2410 §12, 2002; RW-2184, 2000)[Source or prior law: 13.12.070, 13.12.110, 13.12.120 & 13.12.120]

Effective on: 1/1/1901