2939 COLBY AVE ADVANCED TELECOM GROUP 2018-01-02 MF Import

33. The stop work order sha1L• (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 ovemight delivery at the address given herein; (4) Tndicate the nature of the alleged violation or unsafe cundition; and (5) Establish conditions under which work may be resumed. 34. The Permiuee'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 perfortned by its contractors and subcontractors and others perfomvng work on its behalf as if the work were performed by it, and shall ensure that all such work is perfoaned in compliance with this Permit and other applicable law, and shall be jointly and severally liable for all i damages and correcting all damage caused by them. It is the Pettnittee's responsibility to ensure that contractors, subcontractors or other Persons performing work on the Perntittee's behalf are familiaz with the requirements of this Permit and other applicable laws goveming the work pedormed by them. 35. Prior to commencing conshvction, the Permittee shall provide a consttvction bond or other form of assurance of financial responsibility reasonably acceptable to the City, to ensure the faithful perfom�ance of its responsibilities under Uus Permit and applicable law, including,by way of example and not limitatiun, its obligations to restore City Sireets and other property. The amount of the conswction bond shall be hvo hundred 6fty thousand dollars($250,000),or such lesser or greater amount as is comparabte to that required of other telecommunication service providers in the City for construction projects of comparable size, cost and complexiry. Normally, the amount of the bond or other security shall not exceed 125% of the Permittee's estimated wst of the construction in the public rights of way of 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 telecommunicarion system shall have been completed and all restoration of public and private property shall have occuned regarding thereto. Thereafter, the construction bund 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 pucpose under this Pemut or as othenvise providcd by applicable law. The City sliall give tl�e Pemiittee written notice oF any wiil�drawal under Uus subsection upon such withdrawal. Within seven (7) days following receipt of such notice, the Pemvttee shall restore the construction bond to the amount required under this Pemut The Pemrittee's maintenac�ce of the construction bond shall not Ue conshved to excuse unfaithful performance by the Pemuttee or to limit the liaUility of the Permittee to the amount of Ure construction bond or otherwise to limit the City's recourse to any other remedy available at law or equity. The Pemvttee shall have the rigUt to appeal to the City Council for reimbursement in the event the Pemuttee believes that the construction bond was drawn upon improperly. The Pemuttee shall also have the right of judicial appeal if the Permittee believes the construction bond has not been propedy drawn upon in accordance with this Permit. Any funds the City erroneousfy or wrongfulty withdraws &nm the construction bond shall be retumed to the Pennittee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Joumal.