2025 02-11 PC Packet - Laserfiche WebLink

Home

Right-of-Way Ordinance No. 113 10 Section 14. Right-of-Way Patching and Restoration. 1. Timing. The work to be done under any 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 circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable under Section 17. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. 1. City Restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the City, within thirt y (30) days of billing, all costs associated with having to correct the defective work. 2. Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rules 7819.3000. 3. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. 3. Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. 4. Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee upon notification from the City Engineer, correct all restoration work to the extent necessary, using the method require by the City Engineer. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City Engineer, not including days during which work cannot be done because of circumstances constituting force majeure or days when wor k is prohibited as unseasonable or unreasonable under Section 17. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City Engineer, or fails to satisfactorily and timely complete all restoration required by the City Engineer, the City at its option may do such work. 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. Section 15. Inspection. 1. Notice of Completion. When the work under and permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rules 7819.1300 or other as-built documentation as deemed necessary by the City Engineer. 2. Site Inspection. Permittee shall make the work-site available to City personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 3. Authority of City Engineer. 1. At the time of inspection, the City Engineer may order the immediate cessation of any work which poses a serious threat to life, health, safety, or wellbeing of the public. 2. The City Engineer may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after