11.3 Temporary Patches 2
11.3 Temporary Patches 2 (a.) Bituminous Concrete Following proper compaction, a temporary Patch which shall be the thickness of the existing asphalt pavement or a minimum of four inches whichever is greater shall be applied. It shall consist of either Cold Patch or bituminous concrete plant-mixed hot asphalt aggregate. (See Diagrams) 2 Amended under article 19, ATM May 12, 2014. 109 (b.) Temporary Patch to be maintained for one year. A Temporary Patch that has been back-filled and Compacted shall be maintained by the Permit Holder or Contractor so that the patched surface and the surrounding area remain a single smooth unbroken plane for a period of time no shorter than one year after placement of the Temporary Patch. (c.) If any Street Opening Work, including but not limited to any trench that runs parallel to the roadway, that exceeds 30 feet in length cannot be fully completed with a Permanent Patch or curb-to-curb cold planing and paving before December 1st of that year because of scheduling or any other reason, including but not limited to a determination by the Awarding Authority or Awarding Authority Representative, then the Applicant/Permit Holder shall cause a Winter Preparation Patch, as defined by this By-Law, to be completed on such Street Opening Work prior to December 1st of that year. Any failure to so complete such Permanent Patch before December 1st of that year shall be a Default. If said Winter Preparation Patch remains in good condition, and curb-to-curb cold planing and paving is not required as part of the project as determined by the Awarding Authority Representative, then the Applicant or Contractor may request the Awarding Authority Representative in writing that the Winter Patch be inspected and approved as the Permanent Patch and for a refund of the Refundable Deposit for the Street Opening Work. If the Street Opening Work does not pass Permanent Patch inspection, which the Awarding Authority Representative may inspect and may determine in such Awarding Authority Representative’s sole discretion, then the Permit Holder/Applicant must cause a Permanent Patch to be installed pursuant to Subsection 11 of this By-Law. If the Awarding Authority Representative, in the Awarding Authority Representative’s sole discretion, determines that the Street Opening Work passes the Awarding Authority Representative’s inspection of the Permanent Patch, then the Permit Holder/Applicant or Contractor may submit to the Awarding Authority Representative a written request for the return of the Refundable Deposit, which may be returned to the Applicant on the Finance Department’s regular schedule, provided that the Applicant/Permit Holder and Contractor are not in Default. 110