59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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(3) All restoration work within the Public Right -of -Way shall be done in accordance with landscape plans approved by the Director. (s) Construction Bond. Prior to issuance of a Construction Permit the Service Provider shall provide the City with a Construction Bond in favor of the City written by a corporate surety acceptable to the City equal to at least one hundred percent (100 %) of the estimated cost of Constructing, Recon- structing, installing or repairing the Service Provider's Facilities or Excava- tion in the Public Right -of -Way of the City, or such other amount as the Di- rector may determine to adequately protect the City's interest. (1) The Construction Bond shall remain in force until eighteen (18) months after substantial completion of the work, as determined by the Director, including restoration of Public Right -of -Way and other property affect- ed by the Construction. (2) The Construction Bond shall guarantee, to the satisfaction of the City: (A) timely completion of Construction; (B) Construction in compliance with applicable plans, permits, tech- nical codes and standards; (C) proper location of the Facilities as specified by the City; (D) restoration of the Public Right -of -Way and other property affected by the Construction; (E) the submission of Record Drawings, in both written and digital format, after completion of the work as required by this chapter; and (F) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. (3) In lieu of filing a Construction Bond with the City for each Construc- tion Permit, a Service Provider with the approval of the Director may file an Annual Construction Bond (or Annual Bond) in the form de- scribed above in an amount that the Director may determine will ade- quately protect the City's interests as described above. (t) Responsibility f Owner. The owner of the Facilities to be Constructed, Reconstructed, installed, located, operated, maintained or repaired and, if different, the Service Provider, are responsible for performance of and com- pliance with all provisions of this section. (u) Recovery of Costs. The City may recover the City's costs related to issu- ance and enforcement of any Construction Permits issued under this Section 904.07 in the manner prescribed in Section 904.08. This provision shall su- persede any other provisions in the City's codes or regulations relating to construction fees or construction permit fees for Service Providers' facilities within the City's Right -of -Way. 904.08 RECOVERY OF CITY COSTS IN MANAGING THE PUBLIC RIGHT -OF -WAY. 102299394 - 1)