Agenda - Public Works Committee - 03/21/2000

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Permittee Restoration. If the permittee chooses at the time of application for an excavation permit to restore the right-of-way itself, such permittee shall post an additional performance and restoration bond, or other financial security acceptable to the City's Finance Officer, in an amount determined by the City to be sufficient to cover the cost of restoring the right-of-way it is pre-excavation condition. If, *~':""~,..,~., u,,~o;" r,~,,,,j 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 ~urety on the performance and restoration bond posted pursuant to this Subd. 2 shall be released. Subd. 3. The Permittee shall perform the work 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 but not limited by the following standards and considerations: ao The number, size, depth and duration of the excavation, disruptions or damage to the right-of~way; The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way; Co The pre-excavation condition of the right-of-way; the remaining life- expectancy of the right-of-way affected by the excavation; do 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 of the right-of-way; and 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. Subd. 4. By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for thirty-six (36) months Minn Rules 7819.3000, Subp. 3 following its completion. During this thirty-six month period it shall, upon notification from the City, correct all restoration work to the extent necessary, using the method required by the City. Said work shall be completed within ~ 25 calendar days of the receipt of the notice from 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 under Section 4.10.16, Subd. 2 all in the sole determination of the City. Subd. 5. 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 repairs 13