(A) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit.
(B) Patch and restoration. The permittee shall patch his, her or its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself.
(1) City restoration. If the city restores the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, within one year following the restoration, the pavement settles due to the permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with correcting the defective work.
(2) Permittee restoration. If the permittee restores the right-of-way itself, he, she or it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules part 7819.3000.
(C) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules part 7819.1100.
(D) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by the permittee or his, her or its agents. The permittee, upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. The work shall be completed within five calendar days of the receipt of the notice from the city.
(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city, at its option, may do the work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the permittee fails to pay as required, the city may exercise its rights under the construction performance bond.
(Ord. 321, passed 11-6-2006)