2007-124 Ordinance - Laserfiche WebLink

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requirement, on a continuing basis, in the manner specified in the Construction Permit or other manner as approved in writing by the City Engineer. (n) Restoration of Improvements. Upon completion of any Construction wark, the Service Provider or Contractor shall promptly repair any and all Rights-of-Way, property improvements, fixtures, structures and Facilities which were damaged during the course of Construction, and restore them as nearly as practicable to their prior condition. (o) Landscape Restoration. (1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the Construction, Reconstruction, installation, maintenance, repair or replacement of Facilities must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work, except to the extent that tree trimming is necessary to prevent the interference of tree branches with Overhead Facilities. (2) All restoration work within the Right-of-Way shall be done in accordance with landscape plans approved by the City Engineer. (p) Construction and Completion Bond. If the City Engineer reasonably determines that extraordinary circumstances related to an application for a Construction Permit or series of Construction Permits requires a bond, in addition to the Performance Bond deposited with the City pursuant to Section 902.04(c) of this Chapter, to adequately ensure the City's ability to manage its Rights-of-Way related to the Service Provider or Contractor's Construction Permit or Permits, the City may require the Service Provider or Contractor to obtain and file a Construction Bond with the City that ensures the Service Provider or Contractor's full and complete compliance with, and performance under the Construction Permit or Permits, this Chapter and the City's Codified Ordinances, including any costs, expenses, damages or loss the City pays or incurs due to any failure attributable to the Service Provider or Contractor to comply with the Construction Permit, this Chapter or the City's Codified Ordinances. (1) The Construction Bond shall be written by a corporate surety acceptable to the City and equal to at least one hundred percent (100%) of the estimated cost of the Construction that is the subject of the Construction Permit ar Permits, or such lesser amount as the City Engineer may determine to adequately protect the City's interest. (2) The form of the Construction Bond shall be subject to the reasonable approval of the Director of Law. A Service Provider or Contractor required to obtain a Construction Bond under this Section may file an appeal pursuant to Section 902.10 of this Chapter. (3) Any draw upon the Construction Bond to recover the City's costs related to a Service Provider's or Contractor's use of the Right-of-Way shall be considered Public Way Fees as that term is defined in Chapter 4939 of the Ohio Revised Code and shall be assessed by the City Engineer in accordance with Chapter 4939 and any other applicable law. (q) Responsibilitv of Owner. The owner of the Facilities to be Constructed or Reconstructed and, if different, the Service Provider, is responsible for perfoi-mance of and compliance with all provisions of this Section. 22 5i27z9-i