Common use of Construction Provisions Clause in Contracts

Construction Provisions. A. The Operator shall not erect or authorize or permit others to erect any poles within the Right-of-Way for operation of its System without first obtaining approval of the City and Colorado Springs Utilities which may be granted or withheld in its sole and absolute discretion. All poles of the Operator shall be erected between the sidewalk and the property line unless otherwise designated by the proper City authorities, and each pole shall be set whenever practicable at an extension lot line. The City or Colorado Springs Utilities shall have the right to require the Operator to change location of any pole, conduit, structure or other facility within the Streets or Public Utility Easements when in the opinion of the City or Colorado Springs Utilities the public convenience or the provision of utility services requires such change, and the expense thereof shall be paid by the Operator. This Agreement does not confer any rights to attach to poles or other facilities owned by Colorado Springs Utilities or any other utility. The right to make such attachment and the terms, conditions and fees for such attachments shall be governed by a separate agreement with Colorado Springs Utilities or such other utility and by the City Charter, City Code and all applicable City ordinances as amended. Nothing herein shall exempt the Operator from compliance with all Charter and ordinance provisions relating to such excavations or construction or from any provision requiring payment of permit or license fees pertaining thereto. B. Upon its receipt of reasonable advance notice, not to be less than fifteen (15) days, except in the event of an emergency, the Operator shall, at its own expense, protect, support, temporarily disconnect, relocate in the Right-of-Way, or remove from the Right-of- Way, any property of the Operator when lawfully required by the City or Colorado Springs Utilities by reason of traffic conditions, public safety, street abandonment or vacation, street construction, change or establishment of street grade, installation of City or Colorado Springs Utilities owned and operated sewers, drains, gas or water pipes, or electric facilities or any other type of structures or improvements owned or operated by the City or Colorado Springs Utilities. In the event the City or Colorado Springs Utilities determines that an emergency exists, the City or Colorado Springs Utilities may require compliance by the Operator with the provisions of this subsection B without advance notice. If an emergency exists and compliance is not undertaken by the Operator as required by the City or Colorado Springs Utilities, this subsection shall not be construed to prohibit such action by the City or Colorado Springs Utilities as permitted by law. C. The Operator shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of such building, provided: (i) the expense of such temporary raising or lowering of wires is paid by said person, including, if required by the Operator, making such payment in advance; and (ii) the Operator is given not less than five (5) business days advance written notice to arrange for such temporary wire changes. D. Subject to the requirements imposed under the City Code the Operator shall have the authority to trim trees or other natural growth overhanging any of its System in the Service Area so as to prevent branches from coming in contact with the Operator's wires, cables, or other equipment. The Operator shall reasonably compensate the property owner for any damages caused by such trimming as provided by law or the City Code.

Construction Provisions. A. The Operator shall not erect or authorize or permit others to erect any poles within the Right-of-Way Streets or Public Utility Easements for operation of its System without first obtaining approval of the City and Colorado Springs Utilities which may be granted or withheld in its sole and absolute discretion. Whenever feasible the Operator shall use existing poles when the installation of facilities above-ground is permitted. In the event the Operator cannot obtain the necessary poles and related facilities pursuant to a pole attachment agreement, and only in such event, then it shall be lawful for the Operator to make all needed excavations in the streets for the purpose of placing, erecting, laying, maintaining, repairing, and removing poles, conduits, supports for wires and conductors, and any other facility needed for the maintenance or extension of the System. All poles of the Operator shall be erected between the sidewalk and the property line unless otherwise designated by the proper City authorities, and each pole shall be set whenever practicable at an extension lot line. The City or Colorado Springs Utilities shall have the right to require the Operator to change location of any pole, conduit, structure or other facility within the Streets or Public Utility Easements when in the opinion of the City or Colorado Springs Utilities the public convenience or the provision of utility services requires such change, and the expense thereof shall be paid by the Operator. This Agreement does not confer any rights to attach to poles or other facilities owned by Colorado Springs Utilities or any other utility. The right to make such attachment and the terms, conditions and fees for such attachments shall be governed by a separate agreement with Colorado Springs Utilities or such other utility and by the City Charter, City Code and all applicable City ordinances as amended. Nothing herein shall exempt the Operator from compliance with all Charter and ordinance provisions relating to such excavations or construction or from any provision requiring payment of permit or license fees pertaining thereto. B. Upon its receipt of reasonable advance notice, not to be less than fifteen (15) days, except in the event of an emergency, the Operator shall, at its own expense, protect, support, temporarily disconnect, relocate in the Right-of-WayStreets, Public Utility Easement or public way, or remove from the Right-of- WayStreets, Public Utility Easement or public way, any property of the Operator when lawfully required by the City or Colorado Springs Utilities by reason of traffic conditions, public safety, street abandonment or vacation, street construction, change or establishment of street grade, installation of City or Colorado Springs Utilities owned and operated sewers, drains, gas or water pipes, or electric facilities or any other type of structures or improvements owned or operated by the City or Colorado Springs Utilities. In the event the City or Colorado Springs Utilities determines that an emergency exists, the City or Colorado Springs Utilities may require compliance by the Operator with the provisions of this subsection B without advance notice. If an emergency exists and compliance is not undertaken by the Operator as required by the City or Colorado Springs Utilities, this subsection shall not be construed to prohibit such action by the City or Colorado Springs Utilities as permitted by law. C. The Operator shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of such building, provided: (i) the expense of such temporary raising or lowering of wires is paid by said person, including, if required by the Operator, making such payment in advance; and (ii) the Operator is given not less than five (5) business days advance written notice to arrange for such temporary wire changes. D. Subject to the requirements imposed under the City Code the Operator shall have the authority to trim trees or other natural growth overhanging any of its System in the Service Area so as to prevent branches from coming in contact with the Operator's wires, cables, or other equipment. The Operator shall reasonably compensate the property owner for any damages caused by such trimming as provided by law or the City Code. E. Any use of other public ways, places or parks other than a Street or Public Utility Easement shall require prior written approval by the City or Colorado Springs Utilities, as appropriate. The Operator shall have the right to continue to use all Streets, Public Utility Easements and public ways currently occupied. F. Minimum Interference. All transmission lines, equipment, and structures shall be installed, constructed, maintained and located so as to cause minimum interference with the rights and reasonable convenience of property owners and at all times be kept and maintained in a safe and adequate condition, and in good order and repair. The Operator shall, at all times, employ necessary and reasonable care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which would likely cause damage, injury or nuisance to the public or to facilities of the City, Colorado Springs Utilities or other public utilities. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any use of other public ways, places or parks other than a Street or Public Utility Easement shall require prior written approval by the City or Colorado Springs Utilities, as appropriate. The Operator shall have the right to continue to use all Streets, Public Utility Easements and public ways currently occupied. G. The Operator at its own cost and expense and in the manner approved by the City shall replace and restore all landscaping, paving, sidewalks, driveways, or the surface of any Street, alley, Public Utility Easement, easement or private property disturbed as may be reasonably required by the City. As required by the City shall mean as required by the City Code, resolution, or policy. If such replacing or restoration is not covered by a City Code, resolution, or policy, then such shall be as may be reasonably required by the City. Failure of the Operator to replace or restore such landscaping, paving, sidewalk, driveway, or the surface of any Street, alley, Public Utility Easement, easement, or private property disturbed within the time required under any City Code, resolution, or policy or in the absence of any applicable City Code, resolution, or policy within seventy-two (72) hours (weather permitting) after notification by the City shall entitle the City to cause the proper replacing or restoration to be made at the Operator's expense. The Operator shall also be subject to any street cut fee. H. As required by City ordinances, regulation or policies, no installation of any facility shall be performed or conducted within any of the Streets or Public Utility Easements unless such plans have first been submitted to the City for design, review and approval by the City and Colorado Springs Utilities. I. Upon any failure of the Operator to commence, pursue or complete any work required of it by law or by the provisions of this Agreement to be done in any Street, the City, at its option, may cause such work to be done and the Operator shall pay to the City the cost thereof in the itemized amounts reported by the City to the Operator, within thirty (30) days after receipt of such itemized report. J. Subject to applicable laws, regulations and ordinances of the City and the provisions of this Agreement, the Operator may perform all construction necessary for the operation of its System. All construction and maintenance of any and all facilities within Streets and Public Utility Easements incident to the Operator's System shall, regardless of who performs the construction, be and remain the Operator's responsibility. The Operator shall apply for, and obtain, all permits necessary for construction or installation of any facilities, and for excavating and laying any facilities, within the Streets and Public Utility Easements. The Operator shall pay all generally applicable fees upon issuance of the requisite construction permits by the City to the Operator. K. Prior to beginning any construction, the Operator shall provide the City with a construction schedule for work in the Streets and Public Utility Easements. Within thirty (30) days of when the Operator's construction of facilities in the Streets is completed, the Operator shall provide the City with a map showing the location of the installed facility in the Streets and Public Utility Easements, as built, in detail, excluding proprietary electronics. All as-builts shall be presented to the City in a GIS or other format acceptable to the City and Colorado Springs Utilities. L. The Operator may make excavations in Streets and Public Utility Easements for any facility needed for the maintenance or extension of the Operator's System. Prior to doing such work, the Operator shall apply for, and obtain, appropriate permits from the City, and give appropriate notices to City and the notification association established in Article 1.5 of Title 9