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Attachment 5 707.12: RIGHT-OF-WAY REPAIR AND RESTORATION: A. Timing: The work to be done under the excavation permit, and the patching and restoration of the right of way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee, as determined by the Public Works Director, or when work was prohibited as unseasonal or unreasonable under Section 707.15 of this Chapter. B. Patch and Restoration: Pefmittee shall path its own w er4E. The City has the right to choose either to restore the right of way itself or to have the permittee restore the right of way,....,...,.,,.,...,..�.,...:,.�.. ,.r.. ,.. :.,,,.ir 1. City Restoration: If the City restores the right-of-way, permittee shall pay the costs front as part of the permit fee. Restoration fees are established annually in the fee schedule. If, during the 36 months following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within 30 days of billing, all costs associated with having to correct the defective work. 2. Permittee Restoration: If the permittee restores the right of way itself, it shall at the time of application for an excavation permit, if the Public Works Director determines additional security is necessary, post an additional performance and restoration bond in an amount determined by the Public Works Director to be sufficient to cover the cost of restoration. If, 36 months after completion of the restoration of the right of way, the Public Works Director determines that the right of way has been properly restored, the surety on the performance and restoration bond posted pursuant to this subsection shall be released. C. Standards: The permittee shall perform patching and restoration according to the standards and with the materials specified by the Public Works Director. The Public Works 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 Public Works Director in exercising this authority shall be guided by the following considerations: 1. The number, size, depth and duration of the excavations, disruptions or damage to the right of way; 2. The traffic volume carried by the right of way; the character of the neighborhood surrounding the right of way; 3. The pre -excavation condition of the right of way; the remaining life expectancy of the right of way affected by the excavation; 4. 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 5. 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. D. Guarantees: B. elioesing to restore the rigI.t ,.F,. ' uFthe city requires the nermittee to restore the right of way, the permittee guarantees its work and shall maintain it for 36 months following its completion. During this' 6 mei#hM-month period it shall, upon notification from the Public Works Director, correct all restoration work to the extent necessary, using the method required by the Public Works Director. Said work shall be completed within five calendar days of the receipt of the notice from the Public Works Director, not including days during which work cannot be done because of circumstances Page 33 of 82