A. Timing: The work to be done under the utility 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 subsection 7-3-9B of this chapter or if the permittee is granted a new permit.
B. Performing Work: Permittee must patch its own work. The city may choose either to have the permittee restore the surface and subgrading portions of right of way or to restore the surface portion of right of way itself.
1. Permittee Restoration: If the permittee restores the right of way itself, it shall, at the time of application for a utility permit, post a construction performance bond in accordance with the provisions of section 7-3-7-4 of this chapter, and Minnesota rules 7819.3000.
2. City Restoration: If the city restores the surface portion of right of way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles or otherwise fails for reasons not caused by the city's failure to properly restore, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with correcting the defective work.
3. Degradation Fee In Lieu Of Restoration: In lieu of right of way restoration, a right of way user may elect to pay a degradation fee. However, the right of way user shall remain responsible for replacing and compacting the subgrade and aggregate based material in the excavation, and the degradation fee shall not include the cost to accomplish these responsibilities.
C. Standards: The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota rules 7819.1100. In exercising authority over restoration, the director shall be guided by the following standards and considerations:
1. The number, size, depth and duration of the excavations, disruptions or damage to the right of way;
2. The traffic volume carried by the right of way and the character of the neighborhood surrounding the right of way;
3. The preexcavation condition of the right of way and the remaining life expectancy of the right of way affected by the excavation;
4. Whether the relative cost of the method of restoration to the permit holder is in reasonable balance with the prevention of an accelerated depreciation of the right of way that would otherwise result from the excavation, disturbance or damage to the right of way; and
5. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right of way that would otherwise take place.
D. Duty To Correct Defects: The permittee shall correct defects in patching or restoration performed by permittee or its agents. Upon notification from the city, permittee shall correct all restoration work to the extent necessary, using the method required by the city. Unless otherwise agreed to by the director, said work shall be commenced within two (2) days of receipt of the notice from the city and shall be completed within fourteen (14) days of commencement of work, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under subsection 7-3-9B 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 shall notify the permittee in writing of the specific alleged failure or failures and shall allow the permittee five (5) days from receipt of said written notice to cure said failure or failures, unless otherwise extended by the director. In the event the permittee fails to cure, the city may, at its option, perform the necessary work, and the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right of way. If the permittee fails to pay as required, the city, in addition to other remedies provided by law, may exercise its rights under the construction performance bond. (Ord. 1174, 4-28-2008)