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HomeMy WebLinkAboutC2011-215 - 6/28/2011 - Approvedpage 1 CONDUIT USE AGREEMENT This Conduit Use Agreement C'The Agreement) is executed as of the AD $$ - day of i ih�. , 0 between CenturyTel Acquisition LLC d/b /a KMC Telecom III, a limited liability holding company wholly owned 1)y Century! -ink `CENTURYLINK" ), and the City of Corpus Christi, Texas ( "City"}, a Texas home rule municipal corporation. WITNESSETH WHEREAS in August 1999, the City and KMC Telecom Inc. executed a five -year Conduit Use Agreement regarding KMC use of City conduit; WHEREAS, as of June 30, 20015, CENTURYLINK has acquired KMC assets; and WHEREAS, the City is willing to permit, under certain conditions set forth herein, the use by CENTURYUNK of certain City conduit for placement of its telecommunications facilities NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties do hereby mutually covenant and agree as follows: Section 1, Descri ion of the Qt Conduit. A conduit four inches in diameter, approximately 4,868 feet in length, presently containing six handholes, located on Ocean Drive between Alameda Street and Sand Dollar Drive, as depicted on Exhibit A to this Agreement, which exhibit is fully incorporated herein by reference. Section 2. Use of the City Conduit The City shall designate for CENTURYLINK exclusive use one of the three inner ducts within the City Conduit. CENTURYLINK shall have unrestricted ingress and egress to its designated inner duct, through the hand holes depicted in Exhibit A, for purposes of installing, operating, maintaining, and repairing its telecommunications facilities. Installation, operation, maintenance and repair of CENTURYLINK telecommunication facilities within the City public way shall be performed in accordance with the terms and conditions set forth in this Agreement and its exhibits, which are fully incorporated herein by reference. Section 3. City Use of the City Conduit The City shall have the exclusive use of the remaining two inner ducts located within City Conduit. Section 4. Com nsation to City for Use of Conduit. On or before September 1 of each year of this Conduit Use Agreement, City shall invoice CENTURYLINK for sum of $1.56/foot of City Conduit, for total of $7,594.80 per year, The first payment shall be submitted within thirty days of the final approval of this Agreement by City Council. Thereafter, CENTURYLINK shall issue payment by October 1 of each year to City of Corpus Christi, Attention Collection Department, P. Q. Box 9277, Corpus Christi, Texas 78469- 9277. All payments should reference Conduit Use Agreement. Section 5. Issuance of Permits CENTURYLINK must comply with City ordinances and codes to receive all necessary City of Corpus Christi permits prior to construction, maintenance, and repair of its telecommunications facilities placed in the City Conduit. Section B. Term The temp of this Agreement shall be for five years, to commence upon the passage and approval by the City Council. Section 7. INDEMNIFICATION. CENTURYLINK shall indemnify, defend and save harmless the City, its mayor and council members, appointed boards and commissions, officials, officers, employees, attorneys and insurance carriers, individually and collectively, from all losses, claims, suits, demands, expenses, subrogations, attorneys' fees or actions of any !rind and nature resulting from personal injury to any person, including employees of CENTURYLINK or of any contractor or subcontractor employed by CENTURYLINK (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the acts of CENTURYLI NK its contractors, subcontractors, officers, agents and employees while exercising any of the rights or privileges granted by this Conduit Use Agreement. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of indemnity in this paragraph. CENTURYLI NK further agrees and shall have the right to appear, defend, indemnify and mold harmless the City in any action, claim or suit challenging the grant of or any of the rights conferred upon CENTURYLINK by this Conduit Use Agreement Icum hristi conduit lemeWentwyTel 2010 aMement final 12.114.WC ARF 2011 -215 Ord. 029107 06128/11 fiND � CenturyLink Page 2 Section 8. Insurance CENTURYLINK must acquire and maintain insurance as set #orth in attached exhibit. Section 9. Street Closure. CENTURYLINK must not close or barricade a public street, or any portion of the public street, to install, repair, or maintain its telecommunication facilities located within the City Conduit until CENTURYLINK or its contractor has received approval of its traffic control plan from City's Traffic Engineering Office. Section 10. CENTURYLINKf must submit a set of construction drawings to the City Engineer for any proposed work at least two weeks prior to onset of construction. The drawings must show the depth and location of the proposed construction and distance from the existing water, stormwater, wastewater gas, fiber and communication lines. Section 11. CENTURYLINK must verify depth and location of existing Water, Wastewater, Gas, fiber, communication lines, as well as other users of the rights of way, including AEP, and Southwestern Bell Telephone lines, as well as Espire, CSW, and CAPROCK communication fiber optic cables. Prior to the start of any excavation, CENTURYLINK must call the Texas One Call System (1 -800 -215- 4545), 1 -800- DIG -TESS and Lone Star Notification Center (i- 804 -669 -8344) or other locator service designated by the City Director of Engineering Services, or his designee. Section 12. CENTURYLI NK must not begin work without 24 hours prior notice to the C.P.& L., S.W.B.T., Water, Gas, and Wastewater Divisions along with the ACSI, CSW, CAPROCK, and MAN communication fiber optic companies. Section 13. CENTURYLINK must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. Section 14. If damage arising out of or connected with the installation, operation, repair or maintenance of Century TEL, INC. telecommunications facilities or inner ducts occurs to any gas, storm, water, wastewater, fiber, or communication line, as determined by the City's representative, a City crew will be brought in and allowed immediately to make all repairs. Except for emergency repairs, City shall make a reasonable effort to contact CENTURYLINK's representative at 800 778 -0949 so that CENTURYLINK has an opportunity to have a representative present during operations. All of the City's costs (labor and materials) associated with the repairs must be paid by CENTURYLINK within 30 days of the City Manager's itemized invoice thereof. City's representative will determine the extent of damage and amount of repairs to the utility line(s). Section 15. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $286.80 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the City Conduit pursuant hereto. A half -day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $53.77 an hour, Owner must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase. Section 16. CENTURYLINK must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. Section 17. Damages to driveways, culverts, head walls and any other structure, public or private, caused by CENTURYLINK, must be repaired by CENTURYLINK at its expense within 30 days after being notified of damage to the same. Section 18. CENTURYLINK must not store or leave any equipment or material in City public way overnight. Section 19. CENTURYLINK must notify Street Superintendent (361- 857 -1940) 24 hours }error to starting work, and must have a representative present during backfilling and pavement repairs. CENTURYLINK must notify City Municipal Information Systems Technician III at (361) 887 -1956. beuments and Settings*b9100\My Documenls\Corpus Christi eouduit lease\GenturyTel 2010 agreement final 12.2.10.DOC ARN 189946 Page 3 Section 20. GENTURYLINK must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. All trenches must be backfilled promptly, the backfili properly compacted, surface restored, and the wont done in a cleat and workmanlike manner. Section 21. GENTURYLINK must comply with all applicable f=ederal, State, and local laws and regulations, as may be amended. Interpretation of this Agreement and the rights and duties created hereunder shall be pursuant to the Constitution and laws of the State of Texas and the Charter and ordinances of the City. Section 22. Binding Effect This Agreement shall extend to and bind the successors and assigns of the parties hereto. Section 23. CENTURYUNK shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of the City on one or more occasions to enforce compliance with such terms and conditions. Section 24. Assignment Neither party shall have the right to assign this Agreement in whole or in part without the written consent of the other party, which consent shall not be unreasonably withheld. Section 25. Notice Any notices required or provided in the administration of this Agreement shall be addressed, seat by overnight delivery or certified mail, as follows: If to the City: City of Corpus Christi 1201 Leopard Street P.C. Box 9277 Corpus Christi, TX 78469 Attn: City Manager If to CENTURYL.INK: CENTURYLINK Real Estate Transactions and Analysis (PIETA) 600 New Century Parkway KSNCAA0133 — RETA New Century, KS 66031 Attention: Real Estate Notices With a copy to: The Boles Law Firm Attn. L Scott Patton 1818 Avenue of America Monroe, Louisiana 71201 Section 26. Modifications. All terms and conditions of this Agreement are contained herein and any modifications shall be in writing and approved by ordinance except as otherwise expressly provided herein. Section 27. Preemption. No provision of this Agreement shall be deemed void or unenforceable as a result of stale or federal preemption unless and until so determined by a final, non - appealable order of a state or federal agency or court. Section 28. Publication. GENTURYLINK shall pay all costs of publication of notice as required by the City Charter. ocuments and Settingstarb9i0111My D=men(ACorpus Christi cartduit kasKentury'T'et 21110 agreement final 12.2.10.DOC ARN 189946 Page 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. ��� ATTEST: N� RYI� ' Qk ------ — l By: STATE OF LP(Al j" 1 � r t7F C�+ c cr § This instrument was aC g ledeti before me on this day of t the Y. `e@d OF CENTURYLINK on behalf of said corporatio , No u lic, s e o el 5asavt ATTEST: THE CITY OF CORPUS CHRISTI d- Armando Chapa, City Secretary 200 , . Rood W Eseebm, City Manager Approved s to form: "1 , 249- r Konald L.0 tson By: Lisa Aguilar, As s ista City Attorney For the City Attom rzB • Oa�iI07 A UTHOR IUD OY LV- U RCIL C. SECKTANY ocumentts and SettingsWb91001My Documents\Corpus Christi conduit leasetCenturyTcl 2010 agreement final 12.2.10.DOC ARN 189946 i� .:k �a � S.�iaiF�s Gk4i' RlaaFtRJe3 � BroRCEed Aisghele itrmbM ore eoa dvil Yn"$ 0151offle s in lea betweem tn.nhotec• Exhibit " A am Map Not to Scale ttlo-sS- bs -ly -Ox Page EXHIBIT B INSURANCE EXHIBIT B INSURANCE REQUIREMENTS i. CENTURYLINK'S LIABILITY INSURANCE A. CENTURYLINK must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. CENTURYLINK must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. CENTURYLINK must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum overage by insurance company(s). The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non - renewal, Bodily Injury and Property Damage material change or termination is required on all Per occurrence - aggregate oertificates Commercial General Liability including: $500,000 COMBINED SINGLE LIMIT or its 1. Commercial Form equivalent 2. Premises — Operations 3. Underground Hazard 4_ Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractor AUTOMOBILE LIABILITY to include $500,000 COMBINED SINGLE LIMIT or its 1. Owned vehicles equivalent 2. Hired & Non-owned vehicles WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 C. In the event of accidents of any kind, CENTURYLINK must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. CENTURYLINK must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements kocuments and Sctti1tgslarb9J001My Wcuments\Corpus Christi conduit lems Centurjel 2010 agreement final 12.2.1o.DaC 4 18994E Page q- approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. CENTURYLINK's financial integrity is of interest to the City; therefore, CENTURYLINK shall obtain and maintain in full farce and effect for the duration of this Contract, and any extension hereof, at CENTURYLINK's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A,- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and afl endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). CENTURYLINK shall be required to comply with any such requests and shal I submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. CENTURYLINK shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn. Risk Management P.Q. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555• Fax # D. CENTURYLINK agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 days written notice to the City of policy cancellation or non- renewal on the part of the insurance carrier or the Vendor, and not less than ten (1 Q) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend CENTURYLINICs performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon CENTURYLINK's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order CENTURYLINK to stop work hereunder, and/or withhold any payment(s) which become due to CENTURYLINK hereunder until CENTURYLINK demonstrates compliance with the requirements hereof. hwuments. and Settings%WOI0o4.h4y Docunients%Corpus Christi conduit tease\CmturyTel 2014 agreement fiTW 122.10.DOC 4189946 Page 'a G. Nothing herein contained shall be construed as limiting in any way the extent to which CENTURYLINK may be held responsible for payments of damages to personas or property resulting from CENTURYLI N K's or its subcontractor's performance of the work covered under this agreement. M. it is agreed that CENTURYLINK's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. CENTURYLINKI Cable conduit use agreement ins. req. 10- 12-10 ep Risk Mgmt iacuments and Settifl9s1ub91OO\My DocumentACorpus Christi conduit lease \CenturyTel 2010 agreement final 12.2.10.DQC 1 189946 Page q EXHIBIT C RELOCATION AND CITY USE OF CENTURY TEL, INC. FACILITIES. (a) (1) As a further consideration for the granting of this franchise, Century Tel, Inc., in conjunction with the requirements of any City project shall at its sole expense make such relocations of its facilities within City rights -of -way or take other steps as may be necessary to facilitate such City project. Such relocations shall be under the same terms and conditions as the initial installation allowed pursuant to this franchise. (2) The City reserves the right to lay, and permit to be laid, sewer, gas, water, and other pipe lines or cables and conduits, including telecommunications and cable television lines, and to do and permit to be done any underground and overhead work that may be deemed necessary or proper by the City, in, across, along, over, or under any right -of -way occupied by Century Tel, Inc., and to change any curb or sidewalk or the grade of any street. In performing or permitting such work to be done, the City shall not be liable to Century Tel, Inc. for any damages related to such work, nor shall the City be liable to Century Tel, Inc. for any damages not proximately caused by the City's sole negligence, provided, however, nothing herein shall relieve any other person or corporation from liability for damage to facilities of Century Tel, Inc.. (3) In the event that the City authorizes abutting landowners to occupy space under the surface of any street, alley, highway, or public place, such grant to an abutting landowner shall be subject to the rights of Century Tel, Inc. described herein. In the event that the City plans to close or abandon any right-of-way which contains any existing Century Tel, Inc. facilities, City shall, (1) give notice of the date the city council is to consider the closure or abandonment, (2) if requested by Century Tel, Inc., reserve a continuing right for Century Tel, Inc. "s facilities, and (3) make any subsequent conveyance of land involved in the closure or abandonment subject to the specific right of continued occupancy by Century Tel, inc. or require the beneficiaries of the closure or abandonment to pay the casts associated with relocation of Century Tel, Inc. facilities to alternate acceptable locations. (4) Whenever it shall be necessary to require Century Tel, Inc. to alter, change, adapt, or conform its facilities within the right -of -way, such alterations or changes shall be made promptly, with consideration given to the magnitude of such alterations or changes, without claim for reimbursement or damages against the City. If any such requirements impose a financial hardship upon Century Tel, inc., Century Tel, Inc. shall have the right to present alternative proposals to the City, and the City shall give due consideration to any such alternative proposals. It is understood and further provided, however, that the City shall not require Century Tel, Inc. to remove its facilities entirely from such right -of -way. If the City requires Century Tel, Inc. to adapt or conform its facilities to enable any other entity or person, except the City, to use, or to use with greater convenience, or rights -of -way, Century Tel, Inc. shall not be required to make any such changes until such other entity or person shall reimburse or make arrangements satisfactory to Century Tel, Inc. to reimburse Century Tel, Inc. for any loss and expense caused by or arising out of such change; provided, however, that the City shall never be liable for such reimbursement. (5) For public improvement projects where, after notification that facility relocation is required, Century Tel, Inc. has not, prior to the beginning of construction by the City, relocated its affected facilities within the rights -of -way after being afforded a reasonable length of time to do so as determined by the City's Director of Engineering (sometimes also referred to herein as the "City Engineerl, or other designee of the City Manager, giving consideration to the scope of the facility relocation, and when such delays are not caused by actions of the City, the following procedure will be followed. The City shall provide Century Tel, Inc. with reasonable notice of failure to act and request relocation. if Century Tel, Inc. continues to delay, the City's Director of Engineering or other designee and Century Tel, Inc.'s Division Manager over outside plant engineering and construction will jointly review the relocation request in an expeditious manner to establish a mutually acceptable completion date for the relocation. If Century Tel, Inc. continues to delay or does not meet the revised completion date, the City's Director of Engineering or other designee shall provide not less than five (5) days written notice to Century Tel, Inc.'s Division Manager over outside plant engineering and construction advising Century Tel, Inc. of the City's intent to effect the relocation of the affected facilities. If after expiration of the written notice required by the preceding sentence, Century Tel, Inc. continues to delay, the City. shall have the right to effect relocation of the affected facilities and Century Tel, Inc. shall reimburse the City for all costs of such relocation. The City shall not be liable to Century Tel, inc. for any damage to such facilities unless )currents and Setting&% 69t001My DocsumentACorpus Christi conduit lcasc \CenturyTel 2010 agteement final 12.2.10.DOC 1899413 Page 10 proximately caused by the City's gross negligence, and shall not be liable in any event for any consequential damages relating to service interruptions. Such relocation by the City will be performed only when the Director of Engineering determines that it is necessary to prevent disruption of a City project. Such relocation will be accomplished by means of temporary construction and in a manner which will not unreasonably disrupt telecommunications services. The City shall make every effort to coordinate with Century Tel, Inc. prior to such necessary relocations and will not attempt to relocate such facilities until the City has exhausted the foregoing procedures. Century Tel, Inc. shall ultimately be responsible for the final permanent relocation of Century Tel, lnd.'s facilities. (c} Where City Council finds that use of the facilities by another governmental agency serves the public purpose, the City may make facilities reserved for the City available to such agency on terms and conditions not inconsistent herewith. (d) The City reserves the right to obtain bids from vendors, other than Century Tel, Inc. and other franchisees. (e) All facilities shall be underground unless placed on existing poles of another utility. Century Tel, Inc. shall lay, construct, operate, lease, maintain, repair and replace the telecommunications facilities in a manner that will not unreasonably interfere with use of the streets, alleys, or any public property or other public ways ("Public Way"). Should the owner of existing poles place their facilities underground, Century Tel, Inc. shall do likewise. (f) Century Tel, Inc. shall at its own expense repair, to the satisfaction of the City, all City owned water lines, storm and sanitary sewer lines, service lines, water meters, streets, sidewalks, curbs, gutters or other property of the City damaged by any of the operations of Century Tel, Inc., its contractors, subcontractors, employees, agents or assigns engaged in pursuant to this franchise. (g) Before Century Tel, Inc. constructs, extends or replaces the telecommunications facilities in any Public Way, it shall apply for and acquire a construction permit and pay all fees associated with same in accordance with this Section 5, and file with City Engineer a written work description, including scale drawings, showing the facility's location (or proposed location) and estimated depth of the facilities (existing and proposed). Such drawings and specifications shall be prepared, executed and sealed by a registered professional engineer. Such drawings and specifications will be reviewed by City Engineer and any comments will Lie provided to Century Tel, Inc, within thirty (30) days. Century Tel, Inc. agrees to make any changes to the drawings and specifications requested by City Engineer. Before Century Tel, Inc. performs any maintenance repairs, replacement or removal of facilities, Century Tel, Inc. shall give at least thirty (30) days notice to City Engineer as to the time and location of the proposed construction, repairs or replacement. Daily work schedules shall be provided to City Engineer by 8:30 a.m, each day any construction, repair or replacement of facility by Century Tel, Inc. is performed. When an emergency occurs that involves the facilities, repairs shall be performed by Century Tel, Inc. and notice shall be given to City Engineer within twenty -four (24) hours following initiation of such emergency repairs. Approval of all non - emergency construction, repair and replacement of the facilities must be obtained prior to such construction, repair and replacement, unless otherwise provided. Such approval shall not be unreasonably withheld or delayed. Approval by City Engineer shall constitute utility authority for the issuance of permits. (h) All work in the Public Way and other surfaces will be performed in accordance with the City specifications and regulations for Street and Storm Drainage & Street Paving Construction and be subject to regulation, control and direction of the City Engineer. All work done in connection with the laying, construction, operation, maintenance, repairing and replacement of the facilities, in whole or in part, shall be in compliance with all applicable laws, ordinances, rules and regulations of City, County, the State of Texas, and the United States. (i) Century Tel, Inc. shall belong to the same underground utility locating system as the City. Prior to beginning any excavation trenching or digging using powered equipment or hand tools which may damage existing underground facilities, Century Tel, Inc, shall contact all appropriate underground utility coordinating systems and determine if there are any facilities in the vicinity of the proposed activities. If physical contact is ocuments and Se1tings\arb91{101My DocumentslCorpus Christi conduit IeaselCenturyTel 2010 agreement final 12.2.10.DOC 1 189946 Page 1 :1 made with another facility during any excavation, trenching or digging, the owner of that facility must be notified for inspection and repairs prior to Century Tel, Inc. continuing work. Century Tel, Inc. shall promptly respond to requests for line locations generated from other franchised or City owned utilities. (j) When Century Tel, Inc. performs or causes to be performed any work on any Public Way, or so closely adjacent thereto as to create hazards for the public or themselves, Century Tel, Inc., its employees, agents or its contractor, shall provide construction and maintenance signs and sufficient barricades and flagmnen at work sites to protect the public, equipment and workmen. The application of such traffic control devices shall be consistent with the standards and provisions of the latest addition to the Texas Manual on Uniform Traffic Control Devices. Appropriate warning lights shall be used at all construction and maintenance zones where one or more traffic lanes are being obstructed during nighttime conditions. (k) Century Tel, Inc, shall repair, clean up and restore the Public Way and other surfaces disturbed during the construction and repair of its facilities and shall warrant the repairs and restoration of such City Engineer may require a Surface Correction Band, and Century Tel, Inc. agrees to provide such bond with terms and conditions in the amount required by City Engineer. Public Way and other surfaces for a period of two years from the slate of completion of same. Such repairs, clean up and restoration shall return the Public Way and other disturbed surfaces to substantially the same condition they were in before Century Tel, int.'s work began. The determination that the Public Way and other surfaces have been returned to substantially the same condition shall be made by City Engineer. (1) Century Tel, Inc. shall refill, and repave any cut in any pavement. All excavations made by Century Tel, Inc. in any portion of a Public Way for the purpose of constructing, operating, maintaining, repairing, replacing or removing a facility, or any part thereof, shall be in accordance with City standards. If, after refilling such excavation, the earth within the excavated area settles so as to leave a depression, Century Tel, Inc. may be required to make further necessary fills from time to time as ordered by City Engineer. Century Tel, Inc. shall repair all portions of any Public Way across, along, over, above or under which a facility is laid and place the same in as good a state of repair and condition as they were in at the time the construction repair, or removal was commenced. Such repairs shall be to the satisfaction of City Engineer. (m) Repair to the Public Way or other City property necessitated by any activity of Century Tel, Inc. shall be made by Century Tel, Inc, at no cast to City and in such manner as is found reasonably necessary by City Engineer. (n) Any excavation in any portion of a Public Way shall be replaced with materials of the same kind as those removed unless City Engineer approves of some other type or fill or material. Century Tel, Inc, shall notify City Engineer before commencing at any time excavation in any portion of any Public Way, and shall not wholly close any Public Way, but shall at all times maintain a route of travel along and within any roadway that is within a Public Way, except that in cases of emergency, City Engineer may authorize a temporary closing of any Public Way or sidewalk in order to take rare of any break, leakage or other public safety risk if, in the opinion of City Engineer, such closing is necessary to protect the safety of the public. (o) If Century Tel, Inc. fails to commence or thereafter to diligently prosecute any repair, refilling or other work required under this franchise the City may cause the work to be done at the expense of Century Tel, Inc. and may recover all such expense from Century Tel, Inc. together with all costs and reasonable attorney fees. (p) City shall have the power at any time to order and require Century Tel, inc. to remove or abate any facility that is dangerous to life or property, and in the event Century Tel, Inc. fails or refuses to comply after reasonable notice, City shall have the power to remove or abate such facility at the expense of Century Tel, Inc., all without compensation or liability for damages to Century Tel, Inc.. (q) Century Tel, Inc. shall coordinate all such construction, repair or replacement with City Engineer. (r) Upon completion of the construction, extension or replacement of the telecommunications system for which a construction permit has been acquired, Century Tel, Inc. shall provide the City as -buift drawings within Wuments and Settingskarb43 DWy Documents\Ct rpus Christi conduh leasKenturyTel 2010 agreement final 12 -2.]O.DQC 189946 Page K 60 days. Accuracy of as -built drawings shall meet a survey level of accuracy of 1 foot to 50,000 feet. The drawings shall also be supplied in DXF computer file format with the location tied to one nearby UPS (Global Positioning System) City Monument. If the total length of the construction extension or replacement exceeds 1,000 feet in length within the City, it shall be tied to at least two UPS City Monuments. (s) City Engineer shall have the power to make such other reasonable rules and regulations for the placement and manner of such facilities as he may deem appropriate for the protection of the public and the Public Ways and to avoid unreasonable interference with other uses or contemplated uses of the Public Ways. City Engineer may perform regulatory inspections of any utility from time to time as he may deem appropriate for the safety of the public. City. Engineer shall give five days prior written notices: to franchise as to the time and date of any such inspections. Century Tel, Inc, shall have the right to have a representative present during such inspection. (t) When submitting an application for a construction permit as provided in this Section 5 , Century Tel, Inc. agrees to pay the applicable permit fees. (u) No construction permit shall be granted to Century Tel, Inc. unless and until all fees due and payable pursuant to this franchise have been paid in full, Including any fees due and payable for such construction permit. hicuments and Settingslarb911l01My DocumentsWorpus Christi conduit lease4CentuTYTe12010 agreement final 12.2.IO DOC V 189946