(A) 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. New permits or permit extensions shall be only granted if work could not reasonably be completed due to extraordinary circumstances beyond the control of the permittee.
(B) Patch and restoration. The permittee shall patch its own work. The city, at its sole discretion, 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, the permittee shall pay the costs thereof within 30 days of billing. 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, all costs associated with having to correct the defective work.
(2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in an amount determined by the Director to be sufficient to cover the cost of restoration and reasonable directly related city costs, should the city have to complete the work due to failure on the part of the permittee to do so. If, within 36 months after completion of the restoration of the right-of-way, the Director determines that the right-of-way has been properly restored, the surety on the construction performance bond shall be released.
(C) Standards.
(1) Restoration must return the right-of way to the same condition that existed before excavation. Subject to this standard, plates 1 to 13, as included in parts 7819.9900 to 7819.9950 of the Minnesota Public Utilities Commission Rules, indicate maximum limits of restoration methods and area requirements the city will impose when a right-of-way user excavates in the public right-of-way.
(2) The right-of-way user is responsible for all of its work done in the public right-of-way, whether by employees, agents or independent contractors.
(a) All levels of restoration include compaction of the materials placed in the excavation of the subgrade and aggregate base, plus pavement replacement, in kind. All work must be performed according to the city’s specifications and drawings.
(b) If the landscaped portion of the right-of-way is disturbed, the area must be immediately returned to the same condition prior to the permittee’s work.
(c) At any time when the seasonal restriction is in effect, a right-of-way user shall be permitted to complete temporary patching and restoration in accordance with the city’s specifications and subject to Director approval which shall not be unreasonably withheld. When the seasonal restriction is no longer in effect, that user shall be required to obtain a new permit prior to completing permanent patching and restoration. Permits for new or additional excavations will not be issued to a right-of-way user until the previous season’s work has been permanently patched and restored to specified standards.
(d) A right-of-way user may elect to pay a degradation fee in lieu of restoration. However, the right-of-way user shall remain responsible for replacing and compacting the subgrade and aggregate base material in the excavation to the degree of a temporary patch, as defined elsewhere in this chapter, and the degradation fee will not include any costs required to bring the excavation to the point of permanent restoration.
(D) Guarantees. By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for 24 months following its completion. During this 24-month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. The work shall be completed within five calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal. But, the circumstances shall not constitute a basis for not completing a temporary patch immediately upon completion of the excavation work.
(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at his or her 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 the permittee fails to pay as required, the city may exercise its rights under the construction performance bond.
(F) Degradation cost in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for replacing and compacting the subgrade and aggregate base material in the excavation. The degradation fee will not include the cost to accomplish these responsibilities. The degradation cost shall be determined by the Director.
(Ord. 732, passed 4-5-99; Am. Ord. 1100, passed 3-15-22)