(A) Timing.
(1) The work to be done under the excavation permit, and the repair 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 extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 90.015 below.
(2) In addition to repairing its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for 36 months thereafter.
(B) Repair and restoration.
(1) Permittee shall repair its own work.
(2) In addition, in its application for an excavation permit, the permittee may choose either to have the city restore the right-of-way or to restore the right-of-way itself.
(a) City restoration.
1. If the permittee chooses to have the city restore the right-of-way, it shall pay the costs thereof within 30 days of billing.
2. If, during the 36 months following the restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, the cost of repairing the pavement.
(b) Permittee restoration.
1. If the permittee chooses to restore the right-of-way itself, it shall at the time of application for an excavation permit post a restoration bond in an amount determined by the Council to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition.
2. If, 36 months after completion of the restoration of the right-of-way, the Council determines that the right-of-way has been properly restored, the surety on the restoration bond 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 the Minn. Rule 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 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 § 90.015
(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. Int hat event the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the permittee fails to pay as required, the city may exercise its rights under the construction performance bond.
(Ord. –, § 301.12, passed 9-2-1997)