(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, 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 § 96.15.
(B) Patch and restoration. Permittee shall patch 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 elects to restore the right-of-way, permittee shall make the restoration and pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to 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, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000.
(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 patching and the degradation fee shall not include the cost to accomplish these responsibilities.
(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 7819.1100.
(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. The work shall be completed within five 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 § 96.15.
(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 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.
(F) (1) Installation of tracer wire. Utilities installed in the right-of-way shall be completely marked with a tracer wire placed directly above or in conjunction with the installed utility at the developer’s expense. Burial depth shall be within six to 18 inches of final grade. In addition the termination points where the utility crosses in, to and out of the right-of-way shall have buried pins or markers, both of which shall be detectable with a magnetic locator. At least one of these markers shall be a tracer wire access box with termination points for the tracer wire. A minimum of 12 inches of tracer wire shall be accessible above the termination box upon removal of the tracer wire access box cap. Tie points to permanent structures shall be submitted and GPS coordinates in the Washington County coordinate system shall be supplied. Acceptable tracer wire and termination boxes shall be the following or equivalent as determined by the city.
(a) Direct Burial #12 A WG Solid (.0808" diameter), steel core soft drawn high strength tracer wire, 380# average tensile break load, 30 mil high molecular weight-high density color coded polyethylene jacket complying with ASTM-D-1248, 30 volt rating.
(b) Valvco cast iron head tracer wire access box.
(2) Access box shall be placed near final grade with no more than a layer of sod above the access cap. If water and sewer are in a common trench, a single tracer wire access box may be used above the water line with details on the tie card of the offset to the sewer pin and the sewer trace wire following the right of way border to the location pin for the sewer line. A written plan and sketch shall be submitted prior to installation identifying the location and mitigation measure that will be required. A deposit of $1,000 shall be held by the city until compliance with location requirements are met. Additional deposits will be required and held by the city for any project which has the potential to impact city-owned infrastructure. This includes any cuts or borings in, to, or under city streets, trails or storm drainage areas. This may, at the city’s discretion, also be required when equipment will be traversing city infrastructure.
(3) A separate permit for utility tie-in and inspections is required for connections to existing city utilities. All utility access charges must be current before a permit for connection will be issued. Complex connections involving items such as wet taps, looped lines, fire flow lines, new wyes, or shut off of services will incur additional costs.
(Ord. 7517, passed 10-20-2009)