FINAL ORDINANCE NO. 08-185 - Laserfiche WebLink

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(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 the city shall restore the right-of-way itself. (1) City restoration. If the city restores the right-of-way, 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, the cost of repairing the pavement. (2) Permittee restoration. If the permittee restores the right-of-way, it shall at the time of application for an excavation permit, post a construction performance bond seedy in accordance with the provisions of Minnesota Rule Part 7819.3000 in an amount determined by the Administrator to be sufficient to cover the cost of restoring the right-of-way to its pre- excavation condition and reasonable, directly related costs that the city estimates will be incurred if the right-of-way user fails to perform under the bond. Litigation costs and attorney fees are not direct costs to be included in calculating the amount of the bond. If, -36 24 months after completion of the restoration of the right-of-way, the city determines that the right-of-way has been properly restored, the sufety oil construction performance bond seedy shall be released. (C) Standards. The permittee shall perform r-epairs excavation, backfilling, patching, and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule Part 7819.1100. 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 considerations: i (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 permittee 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 or restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place. (D) Guarantees. By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for 36 months following its completion. During this 36-month period, it shall, upon notification from the city, correct all restoration work to the extent necessary, using the method required by the city. The work shall be completed within-5 five calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of the circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under § 94.44. (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 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, the city may exercise its rights under the construction performance bond. 15