A. Timing: The work to be done under the right-of-way 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 constituting force majeure or when work was prohibited as unseasonable or unreasonable under section 7-15-16 of this chapter.
B. Temporary Surfacing, 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 any part of the right- of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If the City restores only the surface of the right-of-way and during the twenty four (24) months following such restoration, the pavement settles, the permittee shall pay to the City, within thirty (30) days of billing, all costs related to restoring the right-of-way or associated with having to correct the defective work, which may include removal and replacement of any or all work done by the permittee. These costs shall include administrative, overhead mobilization, material, labor and equipment.
2. Permittee Restoration: If the permittee restores the right-of- way, the City may require, and the permittee shall provide at the time of application for the right-of-way permit, a City specified type of security, in accordance with PUC rules, to cover the cost of repair and restoration.
C. Standards: To the maximum extent possible, restoration must return the right-of-way to the same condition that existed before excavation. Subject to this standard, plates 1 to 13, shown in Minnesota Rules parts 7819.9900 to 7819.9950, indicate the maximum limits of restoration methods and area requirements the City can impose when a right-of-way user excavates in the right-of-way. Subject to commission rules, the City shall have the authority to prescribe additional restoration procedures and standards on a case by case basis based on the following considerations:
1. The number, size, depth and duration of the excavation, disruption or damage to the right-of-way;
2. The traffic volume carried by the right-of-way;
3. The character of the neighborhood surrounding the right-of- way;
4. The pre-project condition of the right-of-way;
5. The remaining life expectancy of the right-of-way due to the project;
6. Whether the relative cost of the method of restoration to the permittee 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
7. 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 guarantee its work and restoration of the right-of-way, including plantings, and maintain it for twenty-four (24) months following its completion. The obligation is limited to twelve (12) months for 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 when work is prohibited as unseasonable or unreasonable under section 7-15-16 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 repairs required by the City, the City shall notify the permittee in writing of the specific alleged failure or failures and shall allow the permittee at least five (5) calendar days from receipt of the notice to cure the failure or failures, or to respond with a plan to cure. In the event the permittee fails to cure or fails to respond to the notice, the City may, at its option, perform or cause to be performed 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 permittee fails to pay as required, the City may exercise its rights and draw from the City specified security. (Ord. 990, 12-4-2017; amd. Ord. 1054, 11-1-2021)