Subd. 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. Permanent restoration of the driving surface shall be completed within three working days of completion of the backfilling. Permanent restoration of all other work shall be completed within ten days following backfilling or completion of the excavation work.
Subd. 2. 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.
a. City restoration. If the city restores the right-of-way, permittee shall 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. The permit holder may request that the city restore the right-of-way. The permit holder shall pay to the city, in advance, a cash deposit equaling 150% of the estimated restoration cost. The restoration cost shall be estimated by the City Engineer. Following completion of the restoration, any funds in excess of the actual restoration cost shall be returned to the permit holder.
b. Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post security as required by this chapter.
Subd. 3. Standards.
a. 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. The permit holder shall perform repairs and restoration according to the standards and with the materials specified by the city. The city shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The city in exercising this authority shall be guided by the following standards and consideration:
(1) The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way;
(2) The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way;
(3) The pre-excavation condition of the right-of-way; the remaining life-expectancy of the right-of-way affected by the excavation;
(4) Whether the relative cost of the method of restoration to the permit holder 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
(5) 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.
b. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the M.S. §§ 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minn. Rules Chapter 7560 and this code. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements referenced in § 901.18, Subd. 2 of this code.
Subd. 4. Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within seven calendar days of the notice being sent by 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.
Subd. 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 complete all restoration required by the city, the city at its option may do such work or hire a contractor to complete the work. Any restoration done in this manner will include an administrative charge to cover the city's cost, but said charge will in no event be less than $100 and the city will withhold permits for future work until reimbursement is made by the permittee. 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 letter of credit, cash deposit, or other financial guarantee. Failure to restore shall also be considered a violation of the registration requirements and may subject permittee to removal from city registration.
Subd. 6. Guarantees. The permit holder shall guarantee its work and shall maintain it for 24 months following its completion. During this 24 month period it shall, upon notification from the City Engineer, promptly correct all restoration work to the extent necessary, using the method required by the City Engineer.
(Ord. 552, passed - -2018)