(A) Timing: The work to be done under the utility construction and general 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, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under section 8-11-16 of this chapter.
(B) Patch And Restoration: Permittee shall patch its own work, restore the right-of-way and assume all costs therefor unless otherwise agreed upon.
1. City Restoration: If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, during the twenty four (24) months following such restoration, the pavement settles due to permittee's improper backfilling, 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 a construction performance security specified by the City. If, within twenty four (24) months after completion of restoration of the right-of-way, the City determines that the right-of-way has been properly restored, the construction performance surety shall be released.
(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. Rule 7819.1100.
(D) Duty To Correct Defects: The permittee shall guarantee its work and restoration of the right-of-way and maintain it for twenty four (24) months following its completion. The obligation is limited to twelve (12) months for plantings and turf establishment. During this twenty four (24) month period, the permittee shall, upon notification from the City, correct all defects in patching or restoration 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 under section 8-11-16 of this chapter.
(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 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 under the construction performance bond. (Ord. 017-735, 12-18-2017)