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12.16.170. Bond; When required, conditions, warranty

            (1)        Except as noted in this Chapter, each applicant, before being issued a permit, shall provide the City with an excavation bond in the amount provided in the City's Consolidated Fee Schedule, to guarantee faithful performance of the excavation authorized by a permit granted pursuant to this Chapter.  The amount of the bond required may be increased or decreased at the discretion of the City Engineer whenever it appears that the amount and cost of the excavation to be performed, and not satisfactorily completed, may vary from the amount of bond otherwise required under this Chapter.  The form of the bond and the entity issuing the bond shall be subject to the approval of the City Attorney.

            (2)        Public utilities franchised by the City shall not be required to file any security if such requirement is expressly waived in the franchise documents.

            (3)        The bond required by this Section shall be conditioned as follows:

                        (a)        That the permittee shall fully comply with the requirements of the City ordinances and regulations, specifications, and standards promulgated by the City relative to excavation in the public way, and respond to the City in damages for failure to conform therewith;

                        (b)        That after excavation is commenced, the permittee shall proceed with diligence and expedition and shall promptly complete such excavation and restore the public way to construction specifications, so as not to obstruct the public place or travel thereon more than is reasonably necessary;

                        (c)        That the permittee shall guarantee the materials and workmanship for a period of two (2) years from completion of such excavation, with reasonable wear and tear excepted; and

                        (d)        That unless authorized by the City Engineer on the permit, all paving, resurfacing, or replacement of street facilities on major or collector streets shall be done in conformance with the regulations contained herein within three (3) calendar days, and within seven (7) calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to engineering regulations.  In winter, a temporary patch must be provided.  In all excavations, restoration or pavement surfaces shall be made immediately after backfilling is completed or concrete is cured.  If excavation is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval.  The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-63, Enacted, 11/6/1997
Ord. No. 08-22, Amended, 5/15/2008

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