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location of the Facilities as built. MCI shall, upon demand of the Engineering and Transportation
<br />Department Director, deliver to the office of the Engineering and Transportation Department free
<br />of charge, and to other third parties interested in performing work within Public Right-of--Way
<br />for a reasonable charge upon request, within thirty (30) days after such demand, such maps and
<br />plans as may be required to show in detail the exact location, size, depth, and description of all
<br />Fiber Optic Network Facilities installed within said Public Right-of-Way. MCI shall, at its sole
<br />cost and expense, expose its facilities by potholing to a depth of one foot (1 ft.) below the bottom
<br />of its subsurface Fiber Optic Network Facilities, within thirty (30) days of receipt of a written
<br />request from City to do so.
<br />20. All Facilities installed by MCI in the Public Right-of--Way shall have an
<br />identification mark indicating ownership by MCI and the usage. MCI shall be a member of the
<br />regional notification center for subsurface installations (Underground Services Alert) and shall
<br />field mark, at its sole expense, the locations of its underground Fiber Optic Network Facilities
<br />upon notification in accordance with the requirements of Section 4216 of the Califomia
<br />Government Code, as it now reads or may hereinafter be amended.
<br />HOLD HARMLESS AND INDEMNIFICA
<br />21. MCI, jointly and severally, for itself, its successors, agents, contractors and
<br />employees, agrees to indemnify, defend (with counsel selected by MCI and acceptable to City)
<br />and hold harmless City, its officers, employees and agents and any successors to City's interest
<br />from and against any and all claims, demands, losses, damages, liabilities, fines, penalties,
<br />charges, administrative and judicial proceedings and orders, judgments, remedial actions of any
<br />kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in connection
<br />therewith, including, without limitation, reasonable attorneys' fees and costs of defense
<br />(collective, the "Losses") arising directly or indirectly, in whole or in part, out of the activities of
<br />MCI described in this Agreement, except to the extent arising from the City's willful misconduct
<br />or grossly negligent acts or omissions.
<br />TNST TR ANC F.
<br />22. Contractor shall procure and maintain for the duration of the contract "occurrence
<br />coverage" insurance against claims for injuries to persons or damages to property which may
<br />arise from or in connection with the performance of the work hereunder by the Contractor, its
<br />agents, representatives, employees or subcontractors. The cost of such insurance shall be
<br />included in the Contractor's bid.
<br />a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
<br />1) Commercial General Liability coverage ("occurrence" form.)
<br />2) Automobile Liability, code 1 "any auto".
<br />3) Workers' Compensation insurance as required by the Labor Code of the
<br />State of California and Employers Liability Insurance.
<br />Encroachment Agreement Page 7 of 12
<br />Rev: 11/30/94, 11/13/95
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