(1) 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 as determined by the city.
(2) Patch and restoration. Permittee shall patch its own work. In all cases requiring restoration, the permittee 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) Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules 7819.1100.
(4) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. 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 unseasonal or unreasonable as determined by the city.
(5) 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 the 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, in addition to other remedies provided by law, the city may exercise its rights under the construction performance bond.
(Ord. 09-08, passed 6-23-2008)