Section 9.09    RIGHT-OF-WAY REPAIR.

A.  Timing.  The work to be done under the excavation permit, and the repair 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 9.12.

B.  Repair.  In addition to repairing its own work, the Permittee must repair the general area of the work, and the surrounding areas, including the paving and its foundations, to the specifications of the Department.  The Department shall inspect the area of the work and accept the work when it determines that proper repair has been made, per specifications of the Department.

A Permittee may request to have the Village repair the right-of-way.

(1)        Village Repair.  If the Permittee requests to have the Village repair the right-of-way, the Village may accept or reject the request at its sole option.  If the Village accepts, the Permittee shall be billed for the Village’s costs, and shall pay the amount thereof within thirty (30) days of billing.

(2)        Permittee Repair.  If the Permittee chooses to repair the right-of-way, it shall at the time of application for an excavation permit post a repair bond in an amount determined by the Department to be sufficient to cover the cost of repairing the right-of-way to Department specifications.  If, thirty-six (36) months after completion of the repair of the right-of-way, the Department determines that the right-of-way has been properly repaired, the surety on the repair bond shall be released.

C.  Guarantees. The Permittee guarantees its work and shall maintain it for thirty-six (36) months following its completion, except for organic material which shall be maintained for twelve (12) months.  During this period it shall, upon notification from the Department, correct all repair work to the extent necessary, using the method required by the Department.  Said work shall be completed within ten (10) calendar days of the receipt of the notice from the Department, 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 9.12.

D.  Failure to Repair.  If the Permittee fails to repair the right-of-way in the manner and to the condition required by the Department, or fails to satisfactorily and timely complete all repair required by the Department, the Department at its option may do such work.  In that event the Permittee shall pay to the Village, within thirty (30) days of billing, the cost of repairing the right-of-way.  If Permittee fails to pay as required, the Village may exercise its rights under the repair bond.