Hold PHearing_Bluespan Franchise

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