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SECTION 11. Right -of -Way Patching and Restoration. <br />11.1. Timing. The work to be done under an excavation permit, and the patching and <br />restoration of the right-of-way as required herein, must be completed within the dates specified in <br />the permit, increased by as many days as work could not be done because of circumstances <br />beyond the control of the permittee or when work was prohibited as unseasonable or <br />unreasonable under Section 14. <br />11.2. Patch and Restoration . Permittee shall patch its own work. The City may choose either <br />to have the permittee restore the right-of-way or to restore the right-of-way itself. <br />(a) City Restoration. If the City restores the right-of-way, permittee shall pay the costs <br />thereof within thirty (30) days of billing. If following such restoration, the pavement <br />settles due to permittee's improper backfilling, the permittee shall pay to the City, within <br />thirty (30) days of billing, all costs associated with having to correct the defective work. <br />(b) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the <br />time of application for an excavation permit post a construction performance bond in <br />accordance with the provisions of Minnesota Rules 7819.3000. <br />(c) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right- <br />of-way user may elect to pay a degradation fee. However, the right-of-way user shall <br />remain responsible for patching and the degradation fee shall not include the cost to <br />accomplish these responsibilities. <br />11.3. Standards. The permittee shall perform patching and restoration according to the <br />standards and with the materials specified by the City and shall comply with Minnesota Rule <br />7819.1100. <br />11.4. Duty to correct defects. The permittee shall correct defects in patching, or restoration <br />performed by permittee or its agents. Permittee upon notification from the Zoning Administrator, <br />correct all restoration work to the extent necessary, using the method required by the Zoning <br />Administrator. Said work shall be completed within five (5) calendar days of the receipt of the <br />notice from the Zoning Administrator, not including days during which work cannot be done <br />because of circumstances constituting force majeure or days when work is prohibited as <br />unseasonable or unreasonable under Section 14. <br />11.5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to <br />the condition required by the Zoning Administrator, or fails to satisfactorily and timely complete <br />all restoration required by the Zoning Administrator, the City at its option may do such work. In <br />that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of <br />restoring the riglit-of-way. If permittee fails to pay as required, the City may exercise its rights <br />under the construction performance bond. <br />SECTION 12. Inspection. <br />12.1. Notice of Completion. When the work under any permit hereunder is completed, the <br />permittee shall furnish a completion certificate in accordance Minnesota Rules 7819.1300. <br />12.2. Site Inspection. Permittee shall make the work -site available to City personnel and to all <br />others as authorized by law for inspection at all reasonable times during the execution of and <br />upon completion of the work. <br />