(A) Timing. The work to be done under the 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 unseasonal or unreasonable under § 93.17.
(B) Temporary surfacing, patch, and restoration. Permittee shall patch its own work. The county may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself.
(1) 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 an amount determined by the county to be sufficient to cover the cost of restoration. If, within 24 months following the completion of the restoration of the right-of-way, the county determines the right-of-way has been properly restored, the surety on the construction performance bond shall be released.
(2) 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.
(C) Standards. The permittee shall perform excavation, backfilling, patching, and restoration according to the standards and with the materials specified by the county, and shall comply with Minn. Rules Part 7819.1100.
(D) Guarantees. The permittee guarantees its work and shall maintain it for 24 months following its completion. The obligation is limited to one year for plantings and turf establishment. During this 24-month period, it shall, upon notification from the county, correct all restoration work to the extent necessary, using the method required by the county. Said work shall be completed within five business days of the receipt of the notice from the county, 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 § 93.17.
(E) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee, upon notification from the county, shall correct all restoration work to the extent necessary, using the method required by the county. Said work shall be completed within five calendar days of the receipt of the notice from the county, 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 § 93.17.
(F) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the county, or fails to satisfactorily and timely complete all restoration required by the county, the county, at its option, may do such work. In that event the permittee shall pay to the county, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the county may exercise its rights under the construction performance bond.
(Ord. 91-2019, passed 2-5-19)