A. Timing: The work to be done under the permit, and the patching and restoration of the right-of-way as required herein must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee.
B. Patch And Restoration: Permittee shall patch and restore its own work. The City may choose to restore the right-of-way itself if the work is not completed in accordance with the deadlines outlined in the permit.
1. City Restoration: If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee's improper backfilling and compaction, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with correcting the defective work.
2. Permittee Restoration: If the permittee restores the right-of- way itself, it shall at the time of application for an excavation permit post an irrevocable letter of credit and/or cash deposit.
C. Standards: The permittee shall perform excavation backfilling, patching and restoration in accordance to the City of Baxter's "Public Works Policy Manual" and title 8, chapter 5 of this Code.
D. Duty To Correct Defects: The permittee shall correct defects in patching or restoration performed by permittee 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. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable.
E. Delay Penalty: The City may establish and impose a delay fee for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration, or for work not completed prior to right-of-way permit expiration. The delay fee and associated fees shall be established from time to time by City Council resolution. No delay fee shall be imposed if the delay is due to circumstances beyond the control of the permit holder, including without limitation inclement weather, acts of God, or civil strife.
F. 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 such work. In that event, the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights to collect from the cash deposit and/or irrevocable letter of credit.
In addition, if permittee fails to pay as required and the damage was caused by work done within the right-of-way that does not require the posting of a bond or letter of credit as set forth in subsection 7-4-5C or 7-4-7D of this chapter, the City may collect against any other bond or letter of credit on deposit with the City as required by other provisions of this Code, may collect against any bond with the State or other governmental unit again as required by other law, may collect against its general liability insurance carrier or may collect through District Court action against the permit holder directly. (Ord. 2019-003, 3-19-2019)