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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 />