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Section 3. Construction Provisions and Standards. The following provisions shall be considered <br />mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance <br />with the terms of this franchise and may result in some or all of the penalties specified in Section 4. See <br />KCC 12.56 <br />A. Permit Required - No construction, maintenance, or repairs (except for emergency <br />repairs) shall be undertaken in the franchise area without first obtaining a permit to <br />Perform Work in the County Right -Of -Way from the COUNTY of Kittitas, Department of <br />Public Works. "FRANCHISEE" shall post a bond in the amount deemed necessary by the <br />Kittitas County Director of Public Works. <br />B. Coordination - All work and inspection shall be coordinated with the Engineering Division <br />of the Public Works Department to ensure consistency with COUNTY infrastructure, <br />future COUNTY of Kittitas Capital Improvement Projects, all developer improvements, <br />and pertinent codes and franchises. <br />C. Construction Standards - Any construction, installation, maintenance, and restoration <br />activities performed by or for "FRANCHISEE", within the franchise area shall be <br />conducted and located so as to produce the least amount of interference with the free <br />passage of pedestrian and vehicular traffic. All construction, installation, maintenance, <br />traffic control and restoration activities shall be conducted such that they conform to the <br />most current COUNTY of Kittitas standards in effect at the time that such activities take <br />place, and as detailed in the Manual on Accommodating Utilities. <br />D. Underground installation Required — All associated structures, facilities, amenities and <br />components shall be installed underground unless otherwise exempted from this <br />requirement, in writing, by the Director of Public Works for the COUNTY. <br />E. Removal or Abandonment - Upon the removal from service of any associated <br />structures, facilities and amenities, "FRANCHISEE", shall comply with all applicable <br />standards and requirements prescribed by the COUNTY of Kittitas Public Works <br />Department for the removal or abandonment of said structures and domestic water <br />facilities. <br />F. "One -Call' Location & Liability — Kittitas County will not locate private infrastructure. <br />The "One -Call locate will be the responsibility of the "FRANCHISEE". <br />G. As -Built Plans Required - "FRANCHISEE" shall present as -built plans to be inspected <br />and approved by the Kittitas County Public Works Director. <br />H. Protect Public Interest -Applicant understands and agrees that Kittitas County Code <br />Chapter 12.56 Incorporates provisions necessary to protect the public interest and <br />investment with regard to utilization of County road right-of-way and further, that the <br />provisions of Chapter 12.56 are in full force and effect as if herein included or attached to <br />or made a part of this franchise. Detailed restoration requirements are provided in the <br />Manual on Accommodating Utilities. <br />Relocation - Whenever the COUNTY determines that it is necessary for any of <br />"FRANCHISEE", facilities or other system components to be moved or relocated to <br />accommodate the construction, or enhancement of any COUNTY -owned public amenity <br />in the franchise area, the COUNTY shall notify "FRANCHISEE", in writing of such <br />determination, and "FRANCHISEE", shall promptly submit plans for such relocation. <br />Within ninety (90) days of the approval by the COUNTY of the plans for relocation, <br />"FRANCHISEE", shall relocate those facilities or structures designated by the COUNTY. <br />The costs of moving or relocating "FRANCHISEE" facilities or structures, including but not <br />limited to costs for design, engineering and construction is the responsibility of the <br />"FRANCHISEE". <br />