BOLDYN NETWORKS US LLC - Laserfiche WebLink

Docusign Envelope ID: 63OD402A-480E-441F-B23E-642A498E5ED5 non-employee (e.g., consultant) performing work, the date such work was performed, the hours worked harged by each individual, the by each individual, the hourly rate charged by each individual, the total c job number worked by the individual and a description of the work performed, and a total invoice amount. ENCROACHER shall promptly reimburse CITY for such costs within thirty (30) days after receiving an invoice from CITY. CITY shall be entitled to withhold issuance of any permits or approvals based on ENCROACHER's nonpayment of any required fee, unless ENCROACHER has notified CITY no later than thirty (30) days after the invoice due date that ENCROACHER (1) disputes the charges on a particular invoice in its good faith judgment; (2) identifies the line item charge(s) in dispute; (3) states with particularity the reason(s) that support the good faith judgment for disputing each line item charge; and (4) has tendered payment for all line item charges in full, including those line item charges paid under protest. ENCROACHER's payment of line item charges under protest shall not waive or affect its rights under applicable Laws to seek reimbursement or credit for such fees. CITY's acceptance of any payment less than the full amount provided on the invoice shall not be construed as an accord and satisfaction. 6.2 Any encroachment permit shall set forth the description of the Network Facilities to be installed and the Public Right -of -Way in which such Network Facilities are to be located. In addition to the terms and conditions in this Agreement, CITY may, consistent with applicable Laws, establish construction -related conditions and specifications as set forth in the Pleasanton Municipal Code, duly adopted policies by the City Engineer, the encroachment permit and/or related permits or approvals. Within ninety (90) days after any construction, installation, removal, relocation or modification, ENCROACHER shall provide CITY as-builts of the Network Facilities in the same format as the format provided to and approved by CITY in the applications for an encroachment permit and/or related permits or approvals and shall further notify Underground Service Alert (USA) of the location of the Facilities. 6.3 In addition to any other remedies available in this Agreement or in applicable Laws, the failure to comply with the terms and conditions of this Agreement may, at CITY's sole discretion consistent with applicable Laws, result in withholding issuance of any new encroachment permits and/or other enforcement actions pursuant to Pleasanton Municipal Code. SECTION 7 PERFORMANCE BOND 7.1 Prior to the issuance of an encroachment permit and undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by permits issued for Facilities under this Agreement, ENCROACHER shall cause to be furnished a bond executed by a corporate surety or financial institution authorized to do business in the State of California in a sum, no less than 10%, but no more than 25% of the total construction cost, to be set and approved by the CITY as sufficient to guarantee performance of ENCROACHER's removal and restoration obligations under this Agreement. ENCROACHER shall submit an itemized cost estimate with each encroachment permit application that provides a true and accurate estimate of all ENCROACHER's construction -related costs for the proposed scope of work. The bond shall be conditioned so that ENCROACHER shall observe all the covenants, terms, and conditions and faithfully perform all of the obligations of this Agreement including removal and replacement of any defective work or materials discovered in CITY's Public Rights -of -Way or property under any designated permits, normal wear and tear excepted. This bond is to d quality and free from any defective or faulty materials or workmanship guarantee that the work is of goo and will remain in full force and effect for a period of one (1) year after inspection and acceptance of ENCROACHER's completed work. ENCROACHER may meet the obligations of this subsection with -10- [SEC=PROTECTEDI