Resolution 2008-36 - Laserfiche WebLink

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IV. USE OF FIBER A. Restriction on District Use of City Conduit. The District agrees not to utilize the District Network including the District fibers installed in the City Conduit for the purpose of providing commercial telecommunications serviices. V. TERM The term of this Agreement shall be for a period not to exceed ten (10) years. The term will begin on the date above first written. The District may renew this Agreement for an additional ten year term upon sixty (60) days written notice to the City of its intent to renew. Any renewal shall be by awriting and signed by both Parties. The extended term shall be governed by the same terms and conditions as the initial ten year term, unless revisions are mutually agreed to by the Parties in writing. VI. CONSTRUCTION, FIBER INSTALLATION AND TESTING A. Responsibilities. The District agrees to be responsible for the installation of the District Network and for the following: 1. Overseeing the design, procurement, and construction of the District Network; 2. Negotiating and entering into separate agreements with contractors to perform all or part of the work associated with the District Network; 3. Ensuring that the applicable terms and conditions of this Agreement are included in agreements with property owners and contractors; and 4. Replacing the City traffic control system communication line (6PR-22AWG cable) with minimal disruption to traffic flow along South Boulder Road, McCaslin Blvd., Dillon Road and S. 88~' Street. Work shall include, but not be limited to, replacement of communication cable, disconnection and reconnection of cable to existing signal facilities, signal controller programming, operational verification, etc. Traffic signal communication work at each signalized intersection shall be performed by the City's traffic signal maintenance contractor at the District's expense. The District shall pay the City within thirty days of receipt of an invoice for the repairs. B. Design and Construction Standards. The District shall comply with all of the construction, restoration, inspection and maintenance procedures and requirements set forth in the City's Design and Construction Standards and other City laws pertaining to the use of and work in the public right of way. Prior to installing any infrastructure in the public right of way, the District agrees to submit an application for a permit to work in the public right of way with plans that meet the requirements of the City of Louisville Municipal Code and the City's Design and Construction Standards. C. Installation and Acceptance of Fibervi City Conduit. The District shall install its fiber optic cable in to the City Conduit in accordance with Exhibit F, Fiber and Splicing Specifications, attached hereto and incorporated herein by reference. Additionally, the District agrees to provide the City with complete test results, including OTDR tests, on all the Dedicated City