CCP 07-26-1999 - Laserfiche WebLink

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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 thirty-six (36) months thereafter. . Subd. 2. Repair and Restoration. Permittee shall repair its own work. In addition, in its . application for an excavation permit, the permittee may choose either to have the City restore the right-of-way or to restore the right-of-way itself. (a) City Restoration. If the permittee chooses to have the City restore the right-of-way, it 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 permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said pavement. (b) Permittee Restoration. If the permittee chooses to restore the right-of-way itself, it shall at the time of application for an excavation permit post a restoration bond in an amount determined by the Director to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, thirty-six (36) months after completion of the restoration of the right-of-way, the Director determines that the right-of-way has been properly restored, the surety on the restoration bond shall be released. Subd.3. Standards. The permittee shall perform repairs and restoration according to the standards and with the materials specified by the Director. The Director 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 Director in exercising this authority shall be guided by the following standards and considerations: [Note: The PUC Advisory Task Force will he recommending uniform statewide standards, where appropriate.] . (a) The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way; (b) The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way; (c) The pre-excavation condition of the right-of-way; the remaining life- expectancy of the right-of-way affected by the excavation; (d) 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; and (e) 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. Subd. 4. 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 this .- 10