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06-03-99 14:28 From-KENNEDY & GRAVEN +6123379310 T-295 P.14/20 F-153 <br /> Subd. 1. Timing: The work to be done under the Excavation Permit, and the Patching and Restoration of <br /> the Right-of-Way as required herein, must be completed within the dates specified in the permit, <br /> increased by as many days as work could not be done because of circumstances beyond the control <br /> of the Permittee or when work was prohibited as unseasonal or unreasonable under Section 1.15. <br /> Subd. 2. Patch and Restoration: Permittee shall Patch its own work. The City may choose either to have <br /> the City 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 thereof <br /> within thirty(30) days of billing. If, following such Restoration,the pavement settles due to <br /> Permittee's improper backfilling, the Permittee shall pay to the City, within thirty(30) days of <br /> 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 time of <br /> application for an Excavation Permit post a Construction Performance Bond in accordance with the <br /> provisions of Minnesota Rules 7819.3000. <br /> (c)Degradation Fee in Lieu of Restoration: In Iieu of right-of-way restoration, a right-of-way user <br /> may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for <br /> patching and the degradation fee shall not include the cost to accomplish these responsibilities. <br /> Subd. 3. Standards:The Permittee shall perform Patching and Restoration according to the standards and <br /> with the materials specified by the Director and shall comply with Minnesota Rule 7819.1100. The <br /> Director shall have the authority to prescribe the manner and extent of the Restoration, and may do <br /> so in written procedures of general application or on a case-by-case basis. <br /> Subd.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 Director,correct all <br /> restoration work to the extent necessary, using the method required by the Director. Said work <br /> shall be completed within five(5)calendar days of the receipt of the notice from me Director,not <br /> including days during which work cannot be done because of circumstances constituting force <br /> majeure or days when work is prohibited as unseasonal or unreasonable under Section 1.15. <br /> Subd. 5. Failure to Restore: If the Permittee fails to Restore the Right-of-Way in the manner and to the <br /> condition required by the Director,or fails to satisfactorily and timely complete all Restoration <br /> required by the Director,the Director at its option may do such work. In that event the Permittee <br /> shall pay to the City, within thirty(30) days of billing,the cost of Restoring the Right-of-Way. If <br /> Permittee fails to pay as required, the City may exercise its rights under the Construction <br /> Performance Bond. <br /> Subd. 6. Degradation Fee in Lieu of Restoration: In lieu of Right-of-Way Restoration, a Right-of-Way <br /> user may elect to pay a Degradation Fee. However,the Right-of-Way User shall remain <br /> responsible for Patching and the Degradation Fee shall not include the cost to accomplish these <br /> responsibilities. <br /> 910.13: JOINT APPLICATIONS: <br /> Subd. 1. Joint Application: Registrants may jointly apply for permits to Excavate or Obstruct the Right- <br /> of-Way at the same place and time. <br /> Slit-163402 <br /> Mu310-44 11 <br />