|
• beginning any installation, removal, or relocation of underground or overhead equipment the
<br />Company shall submit detailed plans of the proposed action to the Director of Public Works.
<br />The Director of Public Works, or his or her authorized representative, shall within thirty (30)
<br />days either approve the plans or inform the Company of the reasons for disapproval. The
<br />Company shall designate a responsible contact person with whom officials of the City can
<br />communicate on all matters relating to equipment installation and maintenance.
<br />Section 3. Should the Company decide to own and install its own lines, cable,
<br />or equipment (rather than merely leasing excess capacity), within thirty (30) days after
<br />completion of any work, the Company shall replace, repair, or restore in accordance with City
<br />standard specifications any sidewalks, streets, and City rights-of-way which are damaged or
<br />displaced by the Company in the construction and maintenance of its system. Upon failure of
<br />the Company to do so, the City may repair or replace such portion of the sidewalk, street, or
<br />right-of-way that may have been disturbed by the Company, and collect the cost so incurred
<br />from the Company. Should the Company decide to own and install its own lines, cable, or
<br />equipment within the City's right-of-way, the Company shall post an irrevocable letter of credit
<br />with the City in the amount of five thousand dollars ($5,000.00) or other security acceptable to
<br />the City Attorney to guarantee the timeliness and quality of such repair and restoration work,
<br />and to guarantee the removal of its lines from City rights-of-way should such be required upon
<br />expiration of the agreement term. In the event additional lines, cables, or wires are installed,
<br />and existing facilities and conduits are not used, the city may require the Company to increase
<br />the irrevocable letter of credit (or other security acceptable to the City Attorney) with the City
<br />• to the amount of the twenty thousand dollars ($20,000.00).
<br />Section 4. Upon notice from the Director of Public Works of a proposed
<br />improvement or alteration of City sidewalks, streets, or other public property, or of a proposed
<br />relocation of any City -owned utilities, the Company shall relocate at its own expense any
<br />underground or overhead lines within sixty (60) days of receipt of this notice. This Section 4
<br />applies only to lines owned by the Company.
<br />Section 5. Should the Company decide to own and install its own lines, cable,
<br />or equipment (rather than merely leasing excess capacity), the Company agrees and binds itself
<br />to indemnify, keep, and hold the City free and harmless from liability on account of injury or
<br />damage to person, firms, or corporations, or property growing out of or directly or indirectly
<br />resulting from (a) such use of the streets, alleys, highways, sidewalks, rights-of-way, and other
<br />public places of the City, (b) the acquisition, erection, installation, maintenance, repair,
<br />operation, and use of any poles, wires, cables, conduits, lines, manholes, facilities, and
<br />equipment, or (c) the exercise of any right granted by or under this agreement or the failure,
<br />refusal, or neglect of the company to perform any duty imposed upon or assumed by the
<br />Company by or under this agreement. Further, should the Company decide to own and install
<br />its own lines, cable, or equipment, the Company shall also obtain and maintain in force a
<br />comprehensive general liability policy in form satisfactory to the City Attorney of the City of
<br />Charlottesville having a combined single limit coverage of not less than one million dollars
<br />($1,000,000.00). The policy shall include the City of Charlottesville as an additional insured
<br />0 2
<br />
|