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Sec. 18-177. - Right -of -Way Patching and Restoration. <br />(a) Timing. The work to be done under the excavation permit, and the patching and <br />restoration of the right-of-way as required herein, must be completed within the <br />dates specified in the permit, increased by as many days as work could not be <br />done because of circumstances beyond the control of the permittee or when work <br />is prohibited as unseasonal or unreasonable. <br />(b) Patch and Restoration. Permittee shall patch its own work. The city may choose <br />either to have the permittee restore the right-of-way or to restore the right-of-way <br />itself. <br />(1) City Restoration. If the city restores the right-of-way, permittee shall pay <br />the costs thereof within thirty (30) days of billing. If, following such <br />restoration, the pavement settles due to permittee's improper backfilling, <br />the permittee shall pay to the city within thirty (30) days of billing, all <br />costs associated with correcting the defective work. <br />(2) Permittee Restoration. If the permittee restores the right-of-way itself, it <br />shall at the time of application for an excavation permit, post a <br />construction performance bond in accordance with the provisions of <br />Minnesota Rule 7819.3000. <br />(3) Degradation Fee in Lieu of Restoration. In lieu of right-of-way <br />restoration, a right-of-way user may elect to pay a degradation fee. <br />However, the right-of-way user shall remain responsible for patching and <br />the degradation fee shall not include the cost to accomplish these <br />responsibilities. <br />(c) Standards. The permittee shall perform excavation, backfilling, patching and <br />restoration according to the standards and with the materials specified by the city <br />and shall comply with Minnesota Rule 7819.1100. <br />(d) Duty to Correct Defects. The permittee shall correct defects in patching or <br />restoration performed by permittee or its agents. The permittee upon notification <br />from the city shall correct all restoration work to the extent necessary, using the <br />method required by the city. Said work shall be completed within five (5) <br />calendar days of receipt of the notice from the city, not including days during <br />which work cannot be done because of circumstances constituting force majeure <br />or days when work is prohibited as unseasonable or unreasonable. <br />(e) Failure to Restore. If the permittee fails to restore the right-of-way in the manner <br />and to the condition required by the city, or fails to satisfactorily and timely <br />complete all restoration required by the city, the city at its option may do such <br />work. In that event, the permittee shall pay to the city, within thirty (30) days of <br />196937v1 <br />