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Agmt23 Mobilitie, LLC
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Agmt23 Mobilitie, LLC
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Last modified
2/24/2023 10:58:15 AM
Creation date
2/24/2023 10:58:05 AM
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Agreement
Contractor Name
Mobilitie, LLC
PROJECT NAME
Installation of Fiber Optic Facilities in Redwood City
Date
2/1/2023
MO Ref
23-005
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REV: 12-20-2022 JB <br />encroachment permit. Once a permit is issued, Company shall commence work and complete the <br />construction and installation of the Facilities in accordance with the Code and any construction <br />schedule approved by the City Engineer in the applicable permit. <br />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 <br />requirements, including, without limitation, compliance with Company’s Certificates of Public <br />Convenience and Necessity, the California Environmental Quality Act, zoning laws, and construction <br />codes. Company shall at all times employ reasonable care so as not to endanger personnel or property <br />or unreasonably obstruct travel on any Public Rights-Of-Way and shall install, maintain, and use <br />commonly accepted industry methods and devices for preventing failures and accidents that are likely <br />to cause damage, injury, or nuisance to the public or other users of the Public Rights-Of-Way, public <br />property, or private 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 furnish <br />written proof of such membership to the City Engineer within thirty (30) days of obtaining such <br />membership (or within 30 days of the date of this agreement if such membership has been obtained <br />prior to the date of this agreement). Repeal or amendment of Government Code Section 4216.1 shall <br />not negate Company’s obligation to maintain such membership, unless such repeal or amendment <br />disbands or eliminates Underground Service Alert-Northern California, and shall not negate any <br />notice requirement to City. Company shall undertake and perform any work authorized by this <br />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 within thirty (30) days of a request by the City Engineer., and to other <br />third parties interested in performing work within Public Right-of-Way for a reasonable charge and, <br />in the case of a request by a third party, subject to a suitable nondisclosure agreement between Company <br />and the third party, within thirty (30) days after such demand, such maps and plans (“Maps”) as may <br />be required to show in detail the exact location, size, depth, and description of all Facilities installed <br />within said Public Right-of-Way. Company asserts that the information in such Maps relating to <br />underground facilities not visible to the naked eye is confidential and not made publicly available by <br />Company either on-line or in print and that public disclosure of such information could allow bad <br />actors to attack, compromise, or incapacitate physically facilities used in the provision of critical <br />utility services. Therefore, Company contends that, consistent with CPUC Decision No. 20-08-031, <br />such information constitutes “official information” under California Evidence Code § 1040(b)(2) that <br />may be withheld by City from public disclosure pursuant to California Government Code § 6254(k) <br />(eff. until 1/1/2023) and § 7930.175 (eff. 1/1/2023). Company also asserts that such information <br />constitutes trade secrets under California Civil Code § 3426 and California Evidence Code § 1061, <br />which may be withheld from public disclosure pursuant to California Government Code § 6254(k) <br />(eff. until 1/1/2023) and § 7930.205 (eff. 1/1/2023). City agrees to maintain the confidentiality of <br />ATTY/AGR.2022.405/Mobilitie, LLC (Page 3 of 21)
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