A. Timing: The work to be done under the 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 section 8-4-15 of this chapter.
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 restores the right-of-way, permittee shall pay the costs thereof within thirty (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 thirty (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 a permit post a construction performance bond in accordance with the provisions of Minnesota Rules 7819.3000.
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. Failure to comply with City and State standards as outlined in this Code will result in enforcement in accordance with the provisions of this chapter and section 1-4-2 of this Code.
D. 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. 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 beyond the permittee's control or days when work is prohibited as unseasonal or unreasonable under section 8-4-15 of this chapter.
E. Failure To Restore: If the permittee fails to restore the right-of-way in a timely 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 thirty (30) days of billing, the cost of restoring the right-of-way, including management costs. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. (Ord. 2018-03, 2-26-2018)