RES 84223 - Laserfiche WebLink

O1-25-84/aet - 3263S supporting structures on their properties necessary to provide them underground communications service; and WHEREAS. under Sub-paragraph B of Section 1 of Pacific's Rule No. 32 (Schedule Cal. P.U.C. No. 36-T). City desires Pacific to construct or cause to be constructed the necessary underground supporting structure within the public right of way. and utility easements and Pacific is willing to do so if City will pay the cost of said underground supporting structure so constructed by Pacific. NOW. THEREFORE. the parties hereto mutually agree as follows: 1. The term "underground supporting structure" means and includes the conduit, manholes and service boxes, where and as required. plus trenching costs. The term "trenching costs" means and includes the cost of excavations. backfilling and compacting, and where necessary, the cost of breaking and replacing pavement, sidewalks, driveways, curbs and gutters, and of restoring all other City surface features disturbed'by the undergrounding construction including landscaping. 2. Pacific shall construct and install underground communication facilities in the. locations shown on Exhibit A attached hereto and made a part her'eof. 3. Pacific shall not be responsible for any delay in said construction and installation which is beyond its reasonable controi. In the event Pacific is unable to obtain supplies. materials or labor for all of its requirements. Pacific shall have the right to allocate materials and labor to construction projects which. in its sole discretion. it deems most important to serve the needs of its customers and applicants for service, and any delay in performance ~f w'0rk resulting from such allocation shall be'deemed a cause beyond Pacific's reasonable control.