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Agmt16 opticAccess LLC
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Agmt16 opticAccess LLC
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Last modified
1/25/2016 12:23:56 PM
Creation date
1/25/2016 12:23:55 PM
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Agreement
Contractor Name
opticAccess LLC
PROJECT NAME
Installation of Fibre Optice Facilities
RMP File Number
304.5
Date
1/19/2016
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including, without limitation, compliance with Company's Certificates of Public Convenience and <br /> Necessity,the California Environmental Quality Act,zoning laws,and construction codes. Company <br /> shall at all times employ reasonable care so as not to endanger personnel or property or unreasonably <br /> obstruct travel on any Public Rights-Of-Way and shall install, maintain and use commonly accepted <br /> industry methods and devices for preventing failures and accidents that are likely to cause damage, <br /> injury or nuisance to the public or other users of the Public Rights-Of-Way,public property or private <br /> property. <br /> 2.6 Coordination of Excavation with Other Permittees. Company shall coordinate <br /> work with other utilities using the Public Rights-Of-Way in accordance with Section 29.16 of the <br /> Code and the requirements imposed by any applicable encroachment permit. <br /> 2.7 Membership In Underground Service Alert. Pursuant to California <br /> Government Code Section 4216.1, Company shall become a member of Underground Service Alert- <br /> Northern California and shall field mark, at its sole expense, the locations of its underground <br /> Facilities upon notification in accordance with the requirements of Section 4216 of the State of <br /> California Government Code, as it now reads or may hereinafter be amended. Company shall <br /> furnish written proof of such membership to the City Engineer within thirty (30) days of obtaining <br /> such membership (or within 30 days of the date of this agreement if such membership has been <br /> obtained prior to the date of this agreement). Repeal or amendment of Government Code Section <br /> 4216.1 shall not negate Company's obligation to maintain such membership, unless such repeal or <br /> amendment disbands or eliminates Underground Service Alert-Northern California, and shall not <br /> negate any notice requirement to City. Company shall undertake and perform any work authorized <br /> by this Agreement in a skillful and workmanlike manner, free of defects. <br /> 2.8 Facilities Maps. Company shall promptly submit to City accurate as-built maps, <br /> plans and record drawings showing in detail the location, depth, and size of all Company Facilities <br /> in the Public Rights-Of-Way (collectively, the "Maps") within thirty (30) days of a request by the <br /> City Engineer. Such Maps shall be submitted in the form and with the detail required by the City <br /> Engineer. The Company shall provide,upon demand, copies of the Maps to other third parties <br /> interested in performing work within Public Rights-Of-Way for a reasonable charge upon <br /> request within thirty (30)days after such demand. The Company shall, moreover, at its sole cost <br /> and expense, pothole its subsurface Facilities to a depth of 1' below the bottom of its subsurface <br /> Facilities within thirty (30) days of receipt of a written request from the City to do so. <br /> 2.9 Contractors. Any contractor or subcontractor used for the construction, installation, <br /> operation, maintenance or repair of the Facilities must be properly licensed under the laws of the <br /> state and all applicable local ordinances, and each contractor or subcontractor shall have the same <br /> obligations with respect to its work as Company would have under this Agreement and applicable <br /> law if the work were performed by Company. Company shall be responsible for ensuring that the <br /> work of contractors and subcontractors is performed consistent with this Agreement and applicable <br /> law, shall be responsible for all acts or omissions of contractors or subcontractors, shall be <br /> responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall <br /> implement a quality control program to ensure that the work is properly performed. This section is <br /> not meant to alter tort liability of Company to third parties. <br /> 2.10 Administrative Fee. Company shall pay to City an annual administrative fee of one <br /> hundred dollars ($100). Such fee shall be due to City within 30 days of the anniversary of the date of <br /> ATTY/AGR/2015.260/OPTIC ACCESS,LLC FIBER OPTIC FACILITIES <br /> REV:01-07-16 JS&VR <br /> Page 3 of 20 <br />
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