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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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