1998_0727packet - Laserfiche WebLink

Home

(a) City Restoration. If the City restores the right-of-way, permittee 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 perrnittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) Permittee Restoration. If the per nittee restores the right-of-way itself, it shall at the time of application for an excavation permit, if the Director determines additional security is necessary, post an additional performance and restoration bond in an amount determined by the Director to be sufficient to corer the cost of restoration. 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 Performance and restoration Bond posted pursuant to this subd. (b) shall be released. ubd+ 3. Standards. The permittee shall perform patching 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 considerations: (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) p The re-excavation condition of the right-of-way; the remaining life-expectancy of the right-of-way affected by the excavatien; (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 he effective in slowing the depreciation of the right-of-way that would otherwise take place. Surd. 4. Guaranty. By choosing to restore the right-of-way itself} the permittee guarantees its work and shall maintain if for thirty-six (36) months following its completion. During this 36-month period it shall, upon notification from the Director, correct all restoration work to the l extent necessary, using the method required by the Director. Said work shall be completed within five calendar days of the receipt of the notice from the erector, not including days durIn g which work cannot be done because of circumstances constituting force ma jeure or days when work is prohibited as unseasonal or unreasonable under Section 707.15