1998_0713_packet - Laserfiche WebLink

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(a) City restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (3o) days of billing. If} during the thirty-six (3b) months following such restoration, the pavement settles -due to pernYittee'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 pennittee restores the right-of-way itself, it shall at ffid.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 cover the cost of restoration. If, thirty-six (36) months after completion of the restoration of the right-of-war, 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 t 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 p rescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a ease-by-ease 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-gray 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. i n 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 p articular method of restoration would be effective in stowing the depreciation of the right-of-way that would otherwise take place. ubd. 4+ Guarantees, .By choosing to restote the right-of-way itself, the pei-nittee guarantees i �.work and shall maintain if for thirty-six (36) months following its completion. During this 6-month period it shall, urn notification from the Director, correct all-restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five_(5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done-because-of circumstances constituting force rnajeure or days when work is prohibited as unseasonat''or unreasonable under Section 707.15.