Conditions of Use of Streets and Public Ways. Requirement. Prior to the Construction and/or Installation of the Telecommunications System, any Facilities or Franchisee Poles in the Right-of-Way, or prior to any Work being performed as to any extension, addition, expansion or material alteration of any such Facilities and/or related equipment requiring a pavement cut, trenching, movement or Installation of pole or physical alteration of the Right-of-Way, Franchisee shall: (a) obtain a Permit from the Public Works Department and/or PDS, as applicable, pursuant to this Section 7, Applicable Law and other requirements, policies or ordinances of the City, if any; and (b) coordinate and manage all Work and activities in the Right-of-Way through the “Accela Right of Way Management” program (or any successor program), which is a dynamic, cloud-based right-of-way management solution that flows through GIS Administration and that provides for project coordination utilizing map-based software and providing pertinent geographic data (the “Accela Platform”). The Accela Platform is managed by PDS in partnership with the cities of Kenton County and is designed to manage roadway and utility construction and maintenance projects throughout jurisdictions of Kenton County and the cities thereof. Additionally, the program will aid to increase communication and coordination among Utility companies, franchisees, licensees, permittees and developers for street cuts, trenching, paving projects, Conduit or Duct construction, and placement of facilities and equipment in the Right-of-Way. Accordingly, prior to (1) performing any Work, Construction or Installation activities in the Right-of-Way or (2) making any repairs or restoration of any Facilities, equipment, poles, structure, cable, wire, fiber and/or other apparatus requiring a pavement cut, trenching, movement or installation of poles or physical alteration of the Right-of-Way, Franchisee shall coordinate and manage all such Work and activities in the Right-of-Way through the Accela Platform. Franchisee shall not be required to obtain a Permit for routine repair or Maintenance of Franchisee’s Telecommunications System and/or Facilities not requiring a pavement cut, trenching, movement of pole or physical alteration of the Right-of-Way, unless such repair, Maintenance or Work is expected to result in a substantial disruption to traffic or commerce, or would otherwise constitute a material alteration as provided in Section 4.4 (Material Alteration) of this Agreement.
Conditions of Use of Streets and Public Ways
