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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 Golden Valley City Code Page 1 of 2 § 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 Golden Valley City Code Page 2 of 2