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(a) Timing. The work to be done under the excavation permit, and the repair 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 or when work was prohibited as unseasonal or unreasonable as provided herein.

In addition to repairing its own work the permittee must restore any disturbed surrounding area of the work, including the paving and its foundations in accordance with the City of Topeka Standard Technical Specifications and Detail Drawings, latest edition. The permittee must also maintain this affected area in an acceptable condition for 36 months thereafter.

(b) Standards. The permittee shall perform repairs and restoration according to the City of Topeka Standard Technical Specifications and Detail Drawings, latest edition. The Director shall prescribe the manner and extent of the restoration, and shall 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 City of Topeka Standard Technical Specifications and Detail Drawings, latest edition, and 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 and the character of the neighborhood surrounding the right-of-way.

(3) The preexcavation condition of the right-of-way and 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.

(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.

(c) Guarantees. The permittee guarantees its work and shall maintain it for 36 months following its completion. During this 36-month period it shall, upon 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 30 calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances beyond the control of the permittee or days when work is prohibited as unseasonal or unreasonable under TMC 12.30.320. The guarantee applies to faulty materials, quality of workmanship, the quality of compaction of the base, and subbase materials when performing excavations.

(d) Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the City, at its option, may do such work. In that event the permittee shall pay to the City, within 30 days of billing, the cost of restoring the right-of-way. (Ord. 17587 § 6-2, 10-24-00. Code 1995 § 130-727.)

Cross References:Public Works Department, TMC 2.20.100.