LEVEL 3 COMMUNICATIONS - Laserfiche WebLink

c � only those rights to use the Right of Way that the City has the undisputed right and power to give. 2. COMPANY'S RESPONSIBILITIES. Company shall be responsible for the following: a. Obtain and maintain membership in an appropriate regional notification center (e.g., Underground Service Alert (USA)). b. Obtain an Encroachment Permit from the City for future work in the Right of Way related to the Project, including repair and maintenance work except in cases of an emergency. C. After completion of all work, Company shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. Company agrees to repair and make good any damage to any portion of the Right of Way that results from excavation, shoring,underpinning, or any other works performed by Company to the reasonable satisfaction of the City Engineer. If Company fails to act promptly, or should the exigencies of the injury or damage require repairs or replacement to be made before Company can be notified or can respond to the notifications, City may, at its option, make the necessary repairs or replacement or perform the necessary work, and Company shall be charged with and pay all the expenses reasonably incurred in the performance of the work. d. At reasonable times and upon reasonable prior written notice to Company, City shall have access to the Project for inspection purposes. e. Any work or use done under the Encroachment Permit shall conform to the reasonable standards and specifications established by the City and/or applicable law. In the absence of specific standards and specifications,recognized standards of construction or approved practices shall govern the work or use. f. Unless otherwise approved by the City,no material shall be stored within five feet of a public street. In addition, excess earth materials from trenching or other operations shall be removed from the pavement,traveled way, or shoulder as the trench is backfilled or other work carried forward. g. Company shall comply with all lawfully applicable federal, state and local laws and regulations applicable to Project, including but not limited to obtaining a City of Pleasanton business license, if applicable. 3. CITY'S NON-RESPONSIBILITY. City shall at no time and for no reason be responsible for the repair,maintenance, replacement or relocation of the Project or other improvements by Company. ENCROACHMENT AGREEMENT FOR FIBER OPTIC TELEPHONE SYSTEM Page 2 of 6 CITY OF PLEASANTON AND LEVEL 3 COMMUNICATIONS