§ 46-29. Performance warranty/guarantee.

(a)

Any warranty made hereunder shall serve as security for the performance of work necessary to repair the public right-of-way if the permittee fails to make the necessary repairs or to complete the work under the permit.

(b)

The permittee, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in a manner acceptable to the city and warrants and guarantees all work done for a period of two years after the date of acceptance, and agrees to maintain upon demand and to make all necessary repairs during the two-year period. This warranty shall include all repairs and actions needed as a result of:

(1)

Defects in workmanship.

(2)

Settling of fills or excavations.

(3)

Any unauthorized deviations from the approved plans and specifications.

(4)

Failure to barricade.

(5)

Failure to clean up during and after performance of the work.

(6)

Any other violation of this article or the ordinances of the city.

(c)

The two-year warranty period shall run from the date of the city's acceptance of the work. If repairs are required during the two-year warranty period, those repairs need only be warranted until the end of the initial two-year period starting from the date of acceptance. It is not necessary that a new two-year warranty be provided for subsequent repairs after acceptance.

(d)

At any time prior to completion of the two-year warranty period, the city may notify the permittee in writing of any needed repairs. Such repairs shall be completed within 24 hours if the defects are determined by the city to be an imminent danger to the public health, safety and welfare. Non-emergency repairs shall be completed within 30 days after notice.

(e)

The warranty described in this section shall cover only those areas of work undertaken by a permittee, and not directly impacted by the work of any other permittee or the city. In the event that a portion of work warranted by permittee is subsequently impacted by work of another permittee or the city during the warranty period, that other permittee or the city shall assume responsibility for repair to the subsequently impacted section of right-of-way.

(Ord. No. 18-06, § 1, 4-17-2018)