8D Consent 2009 1005 - Laserfiche WebLink

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provided for in the provisions of this Agreement. All Facilities installed or caused to be installed by MCI in the Public Right-of--Way shall be traffic rated and approved by the Engineering and Transportation Department director. 1 S. Prior to the issuance of an Encroachment Permit by the City, MCI shall deposit with the Engineering and Transportation Department an Encroachment Permit Fee, an Inspection Deposit, and a Restoration Deposit for each site where Facilities will be installed. PERFORMANCE BOND 16. Prior to the issuance of an Encroachment Permit, MCI shall provide City with a Performance Bond naming City as obligee in the amount equal to one hundred percent (100%) of the value of the work to be performed by or on behalf of MCI within and affecting the Public Right-of--Way to guarantee and assure the faithful performance of MCPs obligations under this Agreement. City shall have the right to draw against the Performance Bond in the event of a default by MCI or in the event that MCI fails to meet and fully perform any of its obligations, provided that MCI is first given written notice and an opportunity to cure. The form of the Performance Bond shall be approved by the City. The Performance Bond shall remain in full force until the work to be performed is completed, inspected and accepted by the Engineering and Transportation Department Director and is released by City. DAMAGE TO FACILITIES IN PUBLIC RIGHT-OF-WAY 17. MCI shall be responsible for any damage to City street pavements, existing utilities, curbs, gutters, or sidewalks due to its installation, maintenance, repair or removal of its Fiber Optic Network Facilities in Public Right-of--Way and public utility or service easements, and costs for issuance of permits and inspection, and shall repair, replace and restore in kind the said damaged facilities at its sole expense. MCI shall notify all utilities of any damage caused by MCI's installation, maintenance, repair or removal of its Fiber Optic Network Facilities. MCI shall be responsible to all utilities for any damage caused to facilities owned by utilities due to MCI's installation, maintenance, repair or removal of its Fiber Optic Network Facilities. MCI shall notify utilities in writing of MCI's responsibility for such damages. MCI shall submit a letter to the Engineering and Transportation Department Director stating that failure of an MCI trench and/or adjoining pavement, caused by MCI, shall be repaired and paid for by MCI. 18. If Public Right-of--Way used by MCI has pre-existing installation(s) placed in the said Right-of--Way, MCI shall assume the responsibility to verify the location of the pre-existing installation and notify the City and any third party of MCI's proposed installation. The cost of any work required of such third party of City to provide adequate space or required clearance to accommodate MCPs installation shall be borne solely by MCI. RECORDS AND FIELD LOCATIONS 19. MCI shall maintain accurate maps and improvement plans of said Fiber Optic Network Facilities located with the City. MCI shall submit to the City at the conclusion of installation of Fiber Optic Network Facilities, copies of all maps accurately depicting the actual Encroachment Agreement Page 6 of 12 Rev: 11/30/94, 11/13/95