City of Maple Grove

Public right-of-way. "public right-of-way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units. A public right-of-way does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcast service.

City. "City" means the City of Maple Grove, Minnesota.

Indemnified Parties. "Indemnified Parties" means the City and its elected and appointed officials, officers, employees, contractors, and agents.

Terms and Conditions. "Terms and Conditions" means these Terms and Conditions on Excavation Permit.

Contact Kelly Matzke at (612) 968-3615 at least 24 hours prior to construction to activate permit, provide contractor contact information, start date, and anticipated completion date. Failure to contact Mr. Matzke to activate permit prior to work being started shall be considered a violation of the permit and grounds for dismissing contractor from the job site and revocation of permit approval.

(1) City Code Art. IV. - Public Right-of-Way Management will be enforced for work being done in the public right-of-way; (2) Underground installation requirements are determined through City Code 28-124; (3) All excavations taking place in public right-of-way must conform to Minn. Stat. 216D - Excavation Notice System; (4) All rules and regulations for locates must conform to the most current Gopher State One Handbook; (5) Excavations taking place in the Maple Grove city limits in the Hennepin County public right-of-way requires permits from the City and Hennepin County; (6) All properties affected by excavation and construction must be notified in writing prior to beginning work; (7) The permit issued does not in any way imply an easement on private property or grant a right to encroach on private property; (8) A City Excavation Permit shall be on site at all times and available upon request by any City official; and (9) Safety vests must be worn by all people occupying the public right-of-way.

(1) All underground utilities must be placed a minimum of 36" and 48" maximum below finished top of curb elevation; (2) Any placement of utilities, including but not limited to cabinets, boxes, and pedestals must conform to City Code; (3) Absolutely no removal of bituminous or concrete is allowed without prior approval from the City; (4) Core drilling is not allowed in street, sidewalk, or trail without prior approval from the City. The City does not allow core drilling to take place in ped ramps; (5) Vehicles, equipment, and materials are not allowed on sidewalks, trails, or ped ramps at any time unless the contractor performing work has exhausted all other alternatives, including, but not limited to lane closures and boulevard parking. If it has been determined that all alternatives have been exhausted, permission must be obtained from City representative before proceeding to use sidewalks, trails, or ped ramps; (6) Any changes or revisions to the City Excavation Permit after approval must be resubmitted, subject to the review and approval of the City Director of Public Works or designee, before proceeding with work in the public right-of-way; (7) Street crossings must be installed perpendicular to the improved street area to avoid future potholing in improved street area; (8) Plowing and pneuma gophering are not acceptable forms of excavation allowed in the City; (9) All open trenches and holes must be backfilled before leaving work site at the end of the day; (10) Street, trails, and sidewalks must be kept clean, neat, and presentable at all times; (11) All flags from locates must be removed and picked up immediately once excavation has been completed; and (12) Inclement weather shall be reason for delay of the project start or suspension of the project as determined by the City.

(1) All permit applications requiring traffic control shall conform to the most recent version of the Minnesota Manual on Uniform Traffic Control Devices, including, but not limited to, the Temporary Traffic Control Zone Layouts Field Manual, and is subject to the review and approval of the City Transportation Operations Engineer; (2) The City only allows traffic control to occur during off peak hours, which is between 9:00am-3:00 pm Monday thru Friday; (3) All traffic control devices must be tipped over or removed when not in use; (4) All traffic control devices must be removed from the job site promptly upon completion of work; and (5) Traffic control on weekends requires prior approval from City Transportation Operations Engineer John Hagen. John can be reached via email at jhagen@maplegrovemn.gov or (763) 494-6364.

(1) Restoration must conform to City Code 28-105 - Restoration of Right-of-Way; (2) Restoration Requirements on Soft Surfaces - (a) Turf - hydroseeding or seed with erosion control blankets required unless otherwise directed by Right-of-Way Technician, which direction may include sod, (b) Soil - six inches of topsoil is required on all boulevards that are damaged, (c) Sprinklers - restore to prior condition with like materials and equipment, (d) Pet Fences - check for continuity after repair, (e) Landscaping - restore to original with like materials; (3) Removal/Restoration Requirements on Hard Surfaces - (a) Bituminous - shall be removed and restored in a timely matter to its original or better condition, (b) Concrete - shall be removed and restored in a timely matter to its original or better condition, (c) Driveways - notify City Right-of-Way Technician of any damage and address with homeowner; (4) Restoration Requirements in areas where core drills were approved - (a) Bituminous - core drills in bituminous paths are replaced at width of path (example: 8 foot wide path is replaced 8'x8' per core), (b) Concrete - core drills in sidewalks require a minimum of two panels to be replaced per core to assure base has been properly reestablished; (5) All disturbed areas during excavation must be restored to their original condition within 7 days; (6) Damage on boulevards due to vehicles and equipment must be restored and treated the same way that excavation damage is restored; (7) Work completed in winter months must notify City of Maple Grove with plans for restoration to take place in the spring; and (8) Once restoration has been completed, contact Kelly Matzke at (612) 968-3615 or change status using permit software so an inspection can be completed in a timely manner. Failure to notify the City will result in all permits with the City being put on hold until notification takes place. If an inspection reveals that restoration is incomplete, the City shall notify the applicant with one week to bring the right of way to a restored condition satisfactory to the City Engineer. If applicant fails to satisfactorily complete the restoration as provided in the notice, City may hire a contractor to complete the restoration. Applicant shall remit payment for such restoration work within 30 days of invoice date from City. Non-payment of invoice amount by applicant shall result in City drawing from the restoration surety.

(1) All contractors, including subcontractors, must be registered with the City to do work in the public right-of-way. Contractors doing work in the public right-of-way that are not registered with the City will be considered in violation, and will be dismissed from the work site until registration is completed; and (2) Absolutely no removal of bituminous or concrete is allowed during winter months.

(1) By reason of the grant of a public right-of-way permits, the City does not assume any liability for injuries to persons, damage to property, or loss of service claims by parties other than the permittee or the City or claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by permittee or activities of permittee; (2) The permittee shall, in accordance with Minn. R. 7819.1250, defend, indemnify, and hold harmless the Indemnified Parties from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim: (a) alleges a negligent or otherwise wrongful act or omission of the permittee or its employee, agent, or independent contractor from the installation, presence, maintenance, or operation of equipment by permittee or activities of permittee and alleges that the Indemnified Parties are liable, without alleging any independent negligent, or otherwise wrongful, act or omission on the part of the Indemnified Parties or (b) is based on the Indemnified Parties' negligent or otherwise wrongful act or omission in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition, or purpose of the permit granted to the permittee. Permittee is not required to indemnify the Indemnified Parties for losses or claims occasioned by the negligent or otherwise wrongful act or omission of the Indemnified Parties, except to the extent authorized above regarding the issuance of a permit or the inspection or enforcement of compliance with the permit or when otherwise expressly agreed by permittee; (3) permittee shall adhere to and comply with all provisions of the Terms and Conditions, City Code, and all applicable federal, state, and local rules and regulations, including, but not limited to, Minn. Stat. 237.162 and 237.163; and (4) in the event of a conflict between the Terms and Conditions and City Code, City Code shall govern.