05-14-1997 Council Agenda - Laserfiche WebLink

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(e) Prior to construction, reconstruction, location or relocation of any facilities in the right -of- way, the Company shall first obtain the necessary permit from the City's Director of Public Works. All right -of -way work will be completed in accordance with the City's technical specifications and design criteria. In instances where the facilities run parallel to an unimproved thoroughfare, or collector, they shall be situated either beyond the ultimate right - of -way width as shown in the City's current Master Plan or within the current right -of -way. (f) The Company shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right -of -way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the Company without expense to the City, its employees, agents, or authorized contractors. The Company shall have a person familiar with the facilities, who is responsible for timely satisfying information needs of the City and other users of right -of- way. (g) The Company shall promptly protect, relocate, remove, or adjust its facilities located in the right -of -way when such actions are requested by the City by reason of traffic conditions or public safety, dedications of new rights -of -way and the establishment and improvement thereof, widening and improvement of existing rights -of -way, street vacations, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. Such relocation or adjustment shall be performed by the Company at its sole expense without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to rules and regulations of the City not inconsistent with this Agreement. As soon as working drawings are available for a City project that will require the Company to relocate its facilities, the City shall provide the Company with written notice of desired relocation and the anticipated bid letting date of said project. The Company shall commence planning and relocation work within (30) days of receipt of said notice, and proceed diligently to completion in a timely manner. All relocation shall be completed at least ten (10) days prior to commencement of the project, unless otherwise agreed to by the City. (h) It shall be the sole responsibility of the Company to take adequate measures to protect its facilities in the right -of -way from harm or damage. If the Company fails to accurately or timely locate facilities when requested, it has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right -of -way unless such party is solely responsible for the harm or damage by its negligence or intentional conduct. (i) The Company shall notify the City not less than three (3) working days in advance of any construction, repair, location or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. Except in the event of an Page 43