Agenda - Public Works Committee - 11/16/1999

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majeure or when work was prohibited as unseasonal or unreasonable under Section 1.16, Subd. 2 all in the sole determination of the City. In addition to repairing its own work, the Permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for thirty-six (36) months thereafter. Subd. 2. In its application for an Excavation Permit, the Permittee may choose to have the City restore the Right-of-Way. In any event, the City may determine to perform the Right-of-Way Restoration and shall require the Permittee to pay a Restoration Fee to provide for reimbursement of all costs associated with such Restoration. In the event Permittee elects not to perform Restoration, City may, in lieu of performing the Restoration itself, impose a fee to fully compensate for the resultant Degradation as well as for any and all additional City Costs associated therewith. Such fee for Degradation shall compensate the City for costs associated with a decrease in the useful life of the Right-of-way caused by Excavation and shall include a Restoration Fee component. Payment of such fee does not relieve a Permittee from any Restoration obligation. (a) City 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 in an amount determined by the City to be sufficient to cover the cost of restoring the Right-of-Way to its pre-Excavation condition. If, thirty-six (36) months after completion of the Restoration of the Right-of-Way, the City determines that the Right-of-Way has been properly restored, the surety on the Performance and Restoration Bond posted pursuant to this Subd. 2(b) shall be released. (b) 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 in an amount determined by the City to be sufficient to cover the cost of restoring the Right-of-Way to its pre-Excavation condition. If, thirty-six (36) months after completion of the Restoration of the Right-of-Way, the City determines that the Right-of-Way has been properly restored, the surety on the Performance and Restoration Bond posted pursuant to this Subd. 2(b) 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 12