§ 28-207. Right-of-way restoration requirements.

The work to be done pursuant to the permit and any repair and subsequent restoration of the right-of-way must be completed within the dates specified in the permit. In the event of circumstances beyond the control of the permittee or when work is prohibited by unseasonable or unreasonable conditions, the director may extend the dates on receipt of a substantiated supplementary application for a permit extension.

All earth, materials, sidewalks, paving crossing, or improvement of any kind which are owned or possessed by city and damaged, disturbed, or removed by an ROW user shall be fully repaired promptly by the ROW user at its sole expense, as per the city standard specification manual. After any excavation, the ROW user shall, at its expense, restore the right-of-way, trench envelope, pavement structure and the surrounding area, to the same or better condition than it was prior to the excavation.

In the event the ROW user fails to restore the right-of-way in the manner and to the condition required herein, or fails to satisfactorily and timely complete all restoration, the city may, at its option, serve written notice upon the ROW user 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 by the ROW user, the city for any and all costs incurred by the city by reason of such prosecution and completion, including, without limitation, the applicable public inconvenience penalty will bill ROW user. Nothing contained herein shall limit any other remedies available to the city.

If any excavation cannot be backed-filled immediately, the ROW user shall securely and adequately cover the excavation and maintain 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.

In all right-of-way restoration, the ROW user guarantees its work and a one-year warranty shall be given following completion of the restoration. During the period following completion, the ROW user shall, in the event of any failure of the restoration, upon notification from the director, reimburse city for pavement restoration costs, and additionally, the ROW user in the event of such failure shall, within forty-eight (48) hours of notice from city, repair the subject trench envelope.

A one-year warranty guarantee period shall be applicable to failure of the pavement surface as well as failure of the trench envelope. Notwithstanding remediation of the pavement structure by city, the ROW user retains repair responsibility at all times during the guaranty period for the trench envelope.

A right-of-way user whose work is completed by the city shall, on completion of the work and according to the certified bill of the cost thereof to be prepared by the director, pay to the city, on its order, the amount of the certified bill as reimbursement for such work.

(Ord. No. 2009-O-045, 4-6-09)