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(A) The permittee shall not make any cut, excavation or grading of the ROW other than excavations necessary for emergency repairs without first securing a ROW permit.

(B) The permittee shall not at any one (1) time open or encumber more of the ROW than shall be reasonably necessary to enable the permittee to complete the project in the most expeditious manner. The permittee shall not permit such an excavation to remain open longer than is necessary to complete the repair or installation.

(C) The permittee shall, in the performance of any work required for the installation, repair, maintenance, relocation or removal of any of its facilities, limit all excavations to those excavations that are necessary for efficient operation.

(D) The permittee shall notify the City no less than two (2) working days in advance of any construction, reconstruction, repair, location or relocation of facilities which would require any street closure or which reduces traffic flow to less than two (2) lanes of moving traffic for more than four (4) hours. Except in the event of an emergency as reasonably determined by the permittee, no such closure shall take place without notice and prior authorization from the City.

(E) Non-emergency traffic control devices on arterial and collector streets shall not be placed prior to 8:30 a.m. or after 4:00 p.m., in order to minimize disruption of traffic flow.

(F) All work performed in the ROW or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected at the permittee’s expense. Such signage shall be in conformance with the latest edition of the MUTCD unless otherwise agreed to by the City.

(G) The permittee shall identify and locate any underground facilities in conformance with the Kansas Underground Utility Damage Prevention Act, and notice shall be provided directly to the applicable underground utility service provider or to the Traffic Operations Division of the Public Works Department with respect to any municipal traffic signal and street light systems, as appropriate.

(H) The permittee shall be liable for any damages to underground facilities due to excavation work prior to obtaining location of such facilities, or for any damage to underground facilities that have been properly identified prior to excavation. The permittee shall not make or attempt to make repairs, relocation or replacement of damaged or disturbed underground facilities without the approval of the owner of the facilities.

(I) Whenever there is an excavation, the permittee shall be responsible for providing adequate traffic control to the surrounding area as determined by the City Engineer. The permittee shall perform work on the ROW at such times that will allow the least interference with the normal flow of traffic and the peace and quiet of the neighborhood. In the event the excavation is not completed in a reasonable period of time, the permittee may be liable for actual damages to the City for delay caused by the permittee pursuant to this Chapter.

(J) Any excavation, back filling, repair and restoration, and all other work performed in the ROW shall be done in conformance with the technical specifications.

(K) The permittee shall notify the office of the City Engineer upon completion of the authorized work to schedule an inspection at the start of back filling. Upon completion of all ROW restoration activities, the permittee will schedule a closeout inspection.

(L) In addition to the required scheduled inspections, the City Engineer may choose to inspect the ongoing permitted work in the ROW at any time to ensure that all requirements of the approved permit are being met by the permittee.

(M) At the time of any inspection, the City Engineer may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or welfare of the public. The City Engineer may issue a citation to the permittee for any work which does not conform to the applicable standards, conditions, code or terms of the permit. The citation shall state that failure to correct the violation will be cause for revocation of the permit. (Ord. 16-58 § 1, 2016.)