(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 extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable under § 51.47 of this chapter.
(B) Temporary surfacing, patch and restoration. The permittee shall patch its own work.
(1) County restoration. If the county restores any part of the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, the county restores only the surface of the right-of-way and during the 24 months following such restoration, the pavement settles, the permittee shall pay to the county, within 30 days of billing, all costs related to restoring the right-of-way or associated with having to correct the defective work, which may include removal and replacement of any or all work done by the permittee. These costs shall include administrative, overhead mobilization, material, labor and equipment.
(2) Permittee restoration. If the permittee restores the right-of-way itself, it shall, at the time of application for a permit, post a construction performance bond in an amount determined by the Director to be sufficient to cover the cost of restoration. If, within 24 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. The County Board shall establish, by resolution, a schedule of construction performance bond amounts for use under this chapter.
(3) Degradation fee and patching in lieu of restoration to PUC standards. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee at the county’s discretion. 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 temporary surfacing, patching and restoration including backfill, compaction and landscaping 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 (see PUC Rules 7819.990 to 7819.9950) and require conformance to MN/DOT standard specifications and local government specifications and drawing and shall further be guided by the following considerations:
(1) The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way;
(2) The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way;
(3) The pre-excavation condition of the right-of-way; the remaining life-expectancy of the right-of-way affected by the excavation;
(4) 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
(5) 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.
(D) Guarantees.
(1) The permittee guarantees its work and shall maintain it for 24 months following its completion. During this 24-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 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 unseasonable or unreasonable under § 51.48 of this chapter.
(2) 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 unseasonal or unreasonable under § 51.48 of this chapter.
(E) 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 his or her 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. 06-01, passed 4-4-2006)