In providing new or modified utility service to City facilities,
the company agrees to perform as follows:
(a) Performance.
The company shall complete each project requested by the City
within a reasonable time. The parties agree that a reasonable time
shall not exceed 180 days from the date upon which the City designee
makes a written request and provides the required supporting documentation
for all company facilities other than traffic facilities. The company
shall be entitled to an extension of time to complete a project where
the company’s performance was delayed due to force majeure.
Upon request of the company, the City designee may also grant the
company reasonable extensions of time for good cause shown and the
City shall not unreasonably withhold any such extension.
(b) City
Revision of Supporting Documentation.
Any revision by
the City of supporting documentation provided to the company that
causes the company to substantially redesign and/or change its plans
regarding new or modified service to City facilities shall be deemed
good cause for a reasonable extension of time to complete the relocation
under the franchise.
(c) Completion/Restoration.
Each such project shall be complete only when the company actually
provides the service installation or modification required, restores
the project site in accordance with the terms of the franchise or
as otherwise agreed with the City and removes from the site or properly
abandons on site any unused facilities, equipment, material and other
impediments.
The company shall perform adjustments to company facilities,
including manholes and other appurtenances in streets and other City
property, to accommodate City street maintenance, repair and paving
operations at no cost to the City. In providing such adjustments to
company facilities, the company agrees to perform as follows:
(a) Performance.
The company shall complete each requested adjustment within
a reasonable time, not to exceed 60 days from the date upon which
the City makes a written request and provides to the company all information
reasonably necessary to perform the adjustment. The company shall
be entitled to an extension of time to complete an adjustment where
the company’s performance was delayed due to force majeure.
Upon request of the company, the City may also grant the company reasonable
extensions of time for good cause shown and the City shall not unreasonably
withhold any such extension.
(b) Completion/Restoration.
Each such adjustment shall be complete only when the company
actually adjusts the company facility to accommodate the City operations
in accordance with City instructions and, if required, readjusts,
following City paving operations.
(c) Coordination.
As requested by the City or the company, representatives of
the City and the company shall meet regarding anticipated street maintenance
operations which will require such adjustments to company facilities
in streets or other City property. Such meetings shall be for the
purpose of coordinating and facilitating performance under this section.