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Agmt17 Zayo Group, LLC
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Agmt17 Zayo Group, LLC
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Last modified
4/3/2017 8:41:02 AM
Creation date
4/3/2017 8:40:38 AM
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Agreement
Contractor Name
Zayo Group, LLC
PROJECT NAME
Installation of Fibre Optic Facilities
RMP File Number
304.5
Date
3/30/2017
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2.5 Compliance with Laws and Regulations. Company shall at all times during the <br />duration of this Agreement, comply with all state, federal and local laws and regulatory requirements, <br />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 P below the bottom of its subsurface <br />Facilities within thirty (30) days of receipt of a written request fromthe 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 />ATN/AGR/2017.035/ZAYO GROUP, LLC — FIBER OPTIC FACILITIES <br />REV: 02-14-171S <br />Page 3 of 16 <br />
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