Agenda - Council - 02/24/1998 - Laserfiche WebLink

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the cost of Restoration. If, within thirty-six (36) months after completion of the Restoration of the Right-of-Way, the Director determines that the Right-of-Way has been properly Restored, the surety on the Construction Performance Bond shall be released. Subd. 3. Standards. The Permittee shall perform Patching and Restoration according to the standards and with the materials specified by the Director. The Director 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 Director in exercising this authority shall comply with PUC standards for Right-of-Way Restoration and shall further be guided by the following considerations: (a) The number, size, depth and duration of the excavations, disruptions or damage to the Right-of- Way; (b) The traffic volume carried by the Right-of-Way; the character of the neighborhood surrounding the Right-of-Way; (c) The pre-excavation condition of the Right-of-Way; the remaining life-expectancy of the Right-of-Way affected by the Excavation; (d) 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 (e) 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. Guarantees. By choosing to Restore the Right-of-Way itself, the Permittee guarantees its work and shall maintain it for thirty-six (36) months following its completion. During this 36- month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, 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 Section 4.10.15. Subd. 5. Failure to Restore. If the Permittee fails to Restore the Right-of-Way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all Restoration required by the Director, the Director at its option may do such work. In that event the Permittee shall pay to the 12