Agda Pkt 2024.08.26 Regular Meeting

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REV: 02-23-24 SK 2.5 Compliance with Laws and Regulations. Company shall at all times during the duration of this Agreement, comply with all applicable state, federal and local laws and regulatory requirements, including, without limitation, compliance with Company’s Certificates of Public Convenience and Necessity, the California Environmental Quality Act, zoning laws, and construction codes. Company shall at all times employ reasonable care so as not to endanger personnel or property or unreasonably obstruct travel on any Public Rights-Of-Way and shall install, maintain and use commonly accepted industry methods and devices for preventing failures and accidents that are likely to cause damage, injury or nuisance to the public or other users of the Public Rights-Of-Way, public property or private property. 2.6 Coordination of Excavation with Other Permittees. Company shall coordinate work with other utilities using the Public Rights-Of-Way in accordance with Section 29.16 of the Code and the requirements imposed by any applicable encroachment permit. 2.7 Membership In Underground Service Alert. Pursuant to California Government Code Section 4216.1, Company shall maintain its membership in, or become a member of, Underground Service Alert-Northern California and shall field mark, at its sole expense, the locations of its underground Facilities upon notification in accordance with the requirements of Section 4216 of the State of California Government Code, as it now reads or may hereinafter be amended. Company shall furnish written proof of such membership to the City Engineer within thirty (30) days of obtaining such membership (or within 30 days of the date of this agreement if such membership has been obtained prior to the date of this agreement). Repeal or amendment of Government Code Section 4216.1 shall not negate Company’s obligation to maintain such membership, unless such repeal or amendment disbands or eliminates Underground Service Alert- Northern California and shall not negate any notice requirement to the City. Company shall undertake and perform any work authorized by this Agreement in a skillful and workmanlike manner, free of defects. 2.8 Facilities Maps. Company shall promptly submit to the City accurate as-built maps, plans and record drawings showing in detail the location, depth, and size of all Company Facilities in the Public Rights-Of-Way (collectively, the “Maps”) within thirty (30) days of a request by the City Engineer. Such Maps shall be submitted in the form and with the detail required by the City Engineer. Company shall provide, upon demand, copies of the Maps to other third parties interested in performing work within Public Rights-Of-Way for a reasonable charge upon request within thirty (30) days after such demand. 2.9 Facility Location Requests. Company shall within ten (10) business days after receipt of a written request from the City, if required in anticipation of a City project, at its sole cost and expense identify its subsurface Facilities by ground penetrating radar. If ground penetrating radar fails to identify Facilities, Company will perform potholing to a depth of one foot (1’) below the bottom of such Facilities. 2.10 Contractors. Any contractor or subcontractor used for the construction, installation, operation, maintenance or repair of the Facilities must be properly licensed under the laws of the state and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as Company would have under this Agreement and applicable law if the work were performed by Company. Company shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with this Agreement and applicable law, shall be responsible for all acts or omissions of contractors or subcontractors, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall ATTY/AGR.2024.018/Astound Broadband, LLC (Fiber Agreement) (Page 3 of 20) 6.E. - Page 6 of 23 175