Article VI

Completion of Work – Liability for Damage – Restoration of Highway and Facilities

If the director, by survey or by inspection or by both, ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all the provisions of this chapter, he shall issue, if requested so to do by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit.

(Ord. 10-1987 § 2, 2010)

The permittee shall indemnify, defend and hold harmless the city, its officers, officials, agents, and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate results of any of the work undertaken pursuant to this chapter.

(Ord. 10-1987 § 2, 2010)

• A. Upon completion of the permittee's activity, the director, at his option, may require the permittee to restore that portion of the highway facilities damaged by the permittee's activity or the director may elect to do such restoration himself, at the permittee's cost.

• B. Where pavement has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness of less than two inches.

• C. The base course removed shall be replaced to the same thickness as that of the surrounding base course.

• D. When the street surface has been treated with a seal or slurry prior to the work under the permit, the seal and/or slurry shall be replaced upon the portion repaired.

• E. When the structural section removed varies from or exceeds the average existing section, the director may require the replacement of an equivalent section which would meet the average structural section requirements.

• F. In those instances where the permittee's excavation is within an area of highway to be reconstructed by the city and the resurfacing of the excavation is an integral part of the general city improvement, the director may waive such resurfacing.

• G. If at any time subsequent to the first repair of a highway surface it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to permittee's activity, the permittee shall pay to the director the cost of such additional repairs or the permittee shall make the required repairs, at the director's discretion.

• (Ord. 10-1987 § 2, 2010)

When any work authorized by a permit under this chapter does not comply with the terms or specifications of said permit or with any provision of this chapter, or when any highway facility has been damaged and the person responsible fails or refuses to repair or restore as required by any permit or this chapter, then the director with his own forces or otherwise may cause such to be corrected, completed, repaired, restored, removed and/or maintained. The person responsible shall pay for any and all costs incurred by the city.

(Ord. 10-1987 § 2, 2010)