A. System Design. The Operator's Video Programming System shall comply with the design and service requirements and schedules contained in this Agreement, all applicable laws and regulations, and the attached Exhibits. All of the Operator's construction shall be subject to the City's supervision, public inspection, in accordance with local law, including, without limitation, location of facilities, and placement of poles. The Operator shall submit to the City and Colorado Springs Utilities prior to construction, any construction drawings, design
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plans, and specifications for review on all projects; provided that plans need not contain proprietary electronic information.
B. Undergrounding of Multiple-Dwelling Units. In cases of single site multiple- dwelling units, the Operator shall minimize the number of individual aerial drop cables by installing multiple drop cables underground between the pole and dwelling unit where determined to be technologically feasible in agreement with the owners and/or owner's association of the multiple-dwelling units.
C. Rights-of-Way Occupancy.
1. In any case where the Operator has the required written permission from City not to underground its System facilities, the Operator shall enter agreements to utilize existing poles, conduits and other facilities whenever possible and economically feasible, and may not construct or install any new, different or additional poles, conduits or other facilities on public property until the written approval of the City is obtained as provided in this Agreement.
2. The Operator shall:
a. Locate and install all transmission and distribution lines, equipment and structures so as to cause minimum interference with the rights and reasonable convenience of property owners;
b. Keep and maintain all transmission and distribution lines, equipment and structures in a safe, adequate and substantial condition, and in good order and repair;
c. Employ professional care and install and maintain methods and devices for preventing failures and accidents that are likely to cause damage, injuries or nuisances to the public;
d. Use suitable barricades, flags, lights, flares or other devices as necessary for the safety of all members of the public;
e. Place any poles or other fixtures in any public right-of-way in such manner as not to interfere with the usual travel of the right-of-way or cause unsafe conditions of any sort;
f. Before beginning any excavation or other construction activity on a public right-of-way or easement which crosses or abuts any private property, the Operator shall clearly mark and delineate with flags, stakes or non-polluting water-soluble spray paint the boundaries of that public right-of-way or easement where it abuts or crosses the private property; and
g. The Operator shall locate, mark and map any of its installed System at no expense to City. The Operator shall install the underground portion of its System
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with appropriate technology so as to be able to receive accurate information identifying the location of damaged underground facilities when such damage occurs.
D. Removal of Facilities. On receipt of written notice, the Operator at its own expense shall:
1. As provided in this Agreement, protect, support, temporarily disconnect, relocate or remove any of its property as necessary because of traffic conditions, public safety, street vacation or street grade, separation or realignment, installation of sewers, drains, water pipes, power line, signal line, transportation facilities, tracks, or any other type of structure or improvements; and
2. Nothing described in this Agreement shall be considered a taking of the property of the Operator and the Operator is not entitled to additional compensation because of these actions.
E. Stop Work.
1. On notice from the City that any work is being prosecuted contrary to the provisions of this Agreement, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City.
2. The stop work order shall be: a. In writing;
b. Given to the individual doing the work, or posted on the work site; and
c. Sent to the Operator by overnight or hand delivery at the address given herein; and may:
(1) Indicate the nature of the alleged violation or unsafe condition, and
(2) Establish conditions under which work may be commenced or continued.
Any act or omission of any contractor of the Operator which violates any provision of this Agreement shall be considered an act or omission of the Operator for the purposes of this Agreement.
F. Private Property. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the Operator shall give reasonable notice to the property owners or legal tenants prior to entering upon any private premises, and said notice shall specify the work to be performed, provided that in the case of construction operations, such
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notice as provided in this Agreement shall be delivered or provided at least two (2) days prior to entry. If any damage is caused by any Operator activity or omission, the Operator shall
reimburse the property owner one hundred percent (100%) of the cost of the damage or replace the damaged property. For major construction involving excavation, property owners shall also be notified by mail at least five (5) days in advance. In the case of an emergency (as defined above), the Operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Nothing herein shall be construed as authorizing access or entry to private property or any other property where such right to access or entry is not otherwise provided by law.