§ 59-76. Permitted work.

(a)

The permittee shall not make any cut, excavation or grading of right-of-way other than excavations necessary for emergency repairs without first securing a right-of-way permit.

(b)

The permittee shall not at any one time open or encumber more of the right-of-way than shall be reasonably necessary to enable the permittee to complete the project in the most expeditious manner.

(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 not permit such an excavation to remain open longer than is necessary to complete the repair or installation.

(e)

The permittee shall notify the city no less than three 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 lanes of moving traffic for more than four 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.

(f)

Nonemergency work on arterial and collector streets may not be accomplished during the hours of 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m., in order to minimize disruption of traffic flow.

(g)

All work performed in the right-of-way 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 Manual on Uniform Traffic Control Devices, unless otherwise agreed to by the city.

(h)

The permittee shall identify and locate any underground facilities in conformance with the Kansas Underground Utility Damage Prevention Act, K.S.A. 66-1801 et seq., "Kansas One Call" system, and notice shall be provided directly to WaterOne and either to Kansas City Power and Light (KCPL) or to the public works department with respect to any municipal traffic signal and street light systems, as appropriate.

(i)

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.

(j)

Whenever there is an excavation by the permittee, the permittee shall be responsible for providing adequate traffic control to the surrounding area as determined by public works director of the city. The permittee shall perform work on the right-of-way 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 article.

(k)

All facilities and other appurtenances laid, constructed and maintained by the permittee shall be laid, constructed and maintained in accordance with acceptable engineering practice and in full accord with any and all applicable engineering codes adopted or approved by the parties and in accordance with applicable state law, as well as the rules and regulations of the state corporation commission or any other local, state or federal agency having jurisdiction over the parties.

(l)

Following completion of permitted work for new construction, the permittee shall keep, maintain and provide to the city accurate records and as-built drawings, drawn to scale and certified to the city as accurately depicting the location of all utility facilities constructed pursuant to the permit. When available to the permittee and upon request by the public works director, maps and drawings provided will be submitted in AUTOCAD.DXF or AUTOCAD.DWG automated formats. Such information shall be subject in all respects and shall have the benefit of protection as set forth in the section 59-64, entitled "mapping requirements of service provider" contained herein.

(m)

The city may use the as-built records of the service provider's facilities in connection with public improvements.

(Code 1967, § 24-180; Ord. No. 1757 , § 10, 9-26-2016)