7.12 - Right-of-Way Patching and Restoration § 7.12
Section 7.12: Right-of-Way Patching and
Restoration
Subdivision 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 extraordinary circumstances beyond the control of the permittee or
when work was prohibited as unseasonal or unreasonable under this Chapter or as
determined by the City Manager or his/her designee.
Subdivision 2. Patching and Restoration
The City may choose either to have the Permittee restore the right-of-way or to
restore the right-of-way itself. The City Manager or his/her designee also reserves
the right to patch or restore the work in the event of a delay that poses a threat to
public safety.
A. City Restoration. If the City restores the right-of-way, permittee shall pay the
costs thereof within thirty (30) days of billing. If, during the thirty-six (36)
month period following such restoration, the patch or restoration fails due to
permittee's inadequate construction practice, the permittee shall pay to the
City, within thirty (30) days of billing, all costs associated with correcting the
defective work.
B. Permittee Restoration. If the permittee chooses to restore the right-of-way
itself, it shall at the time of application for a right-of-way permit post a
construction performance bond in accordance with the provisions of
Minnesota Rules 7819.3000. This construction performance bond shall be
acceptable to the City. If, within thirty-six (36) months after completion of
restoration of the right-of-way, and acceptance by the City Manager or
his/her designee, the City Manager or his/her designee determines that the
right-of-way has been properly restored, the posted security will be released.
Subdivision 3. 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 Minnesota Rules 7819.1100.
Subdivision 4. Duty to Correct Defects and Guarantees
The Permittee shall guarantee all work and its maintenance, correct defects in
patching or restoration performed by the Permittee or its agents, for a period of
thirty-six (36) months following acceptance of such work by the City Manager or
his/her designee. Permittee, upon notification by the City Manager or his/her
designee, shall correct all restoration work to the extent necessary, using the
method required by the City Manager or his/her designee. Said work shall be
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§ 7.12
completed within five (5) calendar days of the receipt of the notice, not including
days during which work cannot be done because of circumstances constituting force
majeure or days when work is prohibited as unseasonal or unreasonable under this
Chapter.
Subdivision 5. Failure to Complete or Restore
If permitted work is not completed, or defective work is not corrected as outlined in
Subdivision 4 of this Section, the City may perform the work or correct the defects.
In that event the permittee shall pay to the City, within thirty (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.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
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