5413 S 2ND AVE TOUCH AMERICA 2018-01-02 MF Import

I W. I I. w I. I . I I r "= ,.i.ib r. n i 33. The stop work order shall: (1) Be in writing; (2) Be given to the Person doing the work, or posted on the work site; (3) Be sent to the Permittee by overnight delivery at the address given herein; (4) Indicate the nature of the alleged violation or unsafe condition; and (5) Establish conditions under which work may be resumed 34. The Permittee's contractors and subcontractors shall be licensed and bonded in accordance with the City's ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by the Permittee. the Permittee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Permit and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors or ofurr Persons performing work on the Permittee's behalf are familiar with the requirements of this Permit and other applicable laws governing the work performed by them. 35. Prior to commencing construction, the Permittee shall provide a construction bond to ensure the faithful performance of its responsibilities under this Permit and applicable law, including, by way of example and not limitation, its obligations to restore City Streets and other property. The amount of the construction bond shall be two hundred fifty thousand dollars (S250,004 or such lesser or greater amount as is comparable to that required of other telecommunication service providers in the City. The construction bond shall be in a form and with a surety acceptable to the City's Risk Manager and City Attomey. the Permittee shall pay all premiums or costs associated with maintaining the construction bond, and shall keep the same in full force and effect until the construction of the telecommunication system shall have been completed and all restoration of public and private property shall have occurred regarding thereto. Thereafter, time construction bond shall be released, subject to the mutual written agreement of the parties. The construction bond may be drawn upon by the City for any proper purpose under this Permit or as otherwise provided by applicable law. The City shall give the Permittee written notice of any withdrawal under this subsection upon such withdrawal. Within seven (7) days following receipt of such notice, the Permittee shall restore the construction bond to the amount required under th'.s Permit. the Pemtittee's maintenance of the construction bond shall not be construed to excuse unfaithful performance by the Permittee or to limit the liability of the Permittee to the amount of the construction bond or otherwise to limit the City's recourse to any other remedy available at law or equity. the Pemittee shall have the right to appeal to the City Council for reimbursement in the event the Permittee believes that the construction bond was drawn upon improperly. time Permittee shall also have the right of judicial appeal if the Permittee believes the construction bond has not been properly drawn upon in accordance with this Permit. Any funds the City erroneously or wrongfully withdraws front the construction bond shall be returned to the Permittee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Journal. 36. Venue for any aispute shall be Snohomish County, Washington and the law of the State of Washington shall apply to the extent not pre-empted by federal law.