utility conflicts, as -built requirements, and other pertinent relocation plan details. The
<br />City shall notify Sprint as soon as practicable of the need for relocation and shall specify
<br />the date by which relocation shall be completed. Except in case of emergency such
<br />notice shall be no less than 90 days.
<br />b. To ensure timely execution of relocation requirements, Sprint shall,
<br />upon written request from the City, provide at Sprint's expense, base maps, current as,
<br />built information, detailed relocation plan (including detailed schedule of relocation
<br />activities, identification of critical path, identification of facilities, and relocation
<br />procedures), and other design, technical or operational requirements reasonably
<br />required for such relocation within the time frame specified by the City.
<br />c. Sprint may, after receipt of written notice requesting a relocation of its
<br />facilities, submit to the City written alternatives to such relocation within the time
<br />specified by the City. Except in case of emergency, as determined by the City in its sole
<br />discretion, such time specified by the City shall be no less than 30 days. Such
<br />alternatives shall include the use and operation of temporary facilities in adjacent rights-
<br />of-way, The City shall evaluate such alternatives and advise Sprint in writing if one or
<br />more of the alternatives are suitable to accommodate the work, which would otherwise
<br />necessitate relocation of the facilities. If requested by the City, Sprint shall submit
<br />additional information as reasonably required to assist the City in making such
<br />evaluation. The City shall give each alternative proposed by Sprint full and fair
<br />consideration. In the event the City, in its sole discretion, decides not to accept the
<br />alternatives suggested by Sprint, Sprint shall relocate its facilities as otherwise specified
<br />in Section 5, subparagraph 5.
<br />d. Upon final approval of the relocation plan by the City, Sprint shall, at its
<br />own expense, unless otherwise prohibited by statute, and at the time frame specified by
<br />the City, temporarily or permanently remove, relocate, place underground, change or
<br />alter the position of any facilities or structures within the right-of-way whenever the City
<br />has determined that such removal, relocation, undergrounding, change or alteration is
<br />reasonably necessary for the construction, repair, maintenance, installation, public
<br />safety, or operation of any public improvement in or upon the rights-of-way. In the event
<br />relocation is required by reason of construction by a third party, non-governmental
<br />entity, for the sole benefit of the third party, non-governmental entity, then Sprint's
<br />relocation costs shall be borne by the third party.
<br />e. If during the construction, repair, or maintenance of the City's public
<br />improvement project an unexpected conflict occurs from Sprint's facilities, Sprint shall,
<br />upon notification from the City, respond within 24 hours to resolve the conflict.
<br />t Sprint acknowledges and understands that any delay by Sprint in
<br />performing the work to alter, adjust, relocate, or protect in place its facilities within the
<br />public rights-of-way may delay, hinder, or interfere with the work performed by the City
<br />and its contractors and subcontractors in furtherance of construction, alteration, repair,
<br />or improvement of the public rights-of-way, and result in damage to the City, including
<br />but not limited to, delay claims. Sprint shall cooperate with the City and its contractors
<br />and subcontractors to coordinate such relocation work to accommodate the public
<br />W: Word Proce5singtOrdjnances`rSprint Franchise Agreement 8-11-17
<br />BGtjs Page 4 of 12 199
<br />
|