SCHUERING ZIMMERMAN & DOYLE - Laserfiche WebLink

NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions contained in this Agreement, the City, SZD and Consultant agree as follows: 1. ENCROACHMENT. a. Subject to this Agreement, City shall allow Consultant to install, inspect and maintain the Project in the Right of Way, PSE, and public parks as shown on the attached Exhibit A. Any installation or maintenance of the Project outside the approved boundaries of the Encroachment Permit is prohibited, unless pursuant to a written amendment of the Encroachment Permit or by a subsequently approved new encroachment permit, attached and incorporated into this Agreement. b. No portion of the Project shall affect the accessibility of the Right of Way or encroach on the minimum: four -foot (4') wide travel path for pedestrians required under federal and state law; and three-foot clearance from the face of curb to any portion of the Project. C. City makes no representation or guaranty that its interest in the Right of Way, PSE, or public parks is sufficient to accommodate the Project, and Contractor shall be deemed to gain only those rights to use the Right of Way, PSE, and public parks that the City has the undisputed right to give. d. SZD and Contractor acknowledge that installation of the Project in the Right of Way, PSE, and public parks is at the sole discretion of the City. Neither this Agreement nor anything done by SZD or Contractor shall create a vested right of SZD or Contractor to utilize the Right of Way, PSE, or public parks or to extend or expand the Project once installed. 2. SZD'S AND CONSULTANT'S RESPONSIBILITIES. SZD and Consultant shall be responsible for the following: a. To ensure that Consultant obtains an Encroachment Permit from the City for future work in the Right of Way, PSE, or public parks related to the Project, including repair and maintenance work on the Project that affects traffic or use by the public, Consultant and the City's Engineering Department shall work together to determine if a single Encroachment Permit can be used for routine work with standardized lane closures or other requirements. b. After completion of Project installation, Consultant shall exercise reasonable care in inspecting and maintaining the areas affected by the encroachment. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of Consultant or City by imposing any standard of care respecting the installation and maintenance of the Project different from the standard of care imposed by law. C. City shall at all times have access to the Project for inspection and monitoring purposes. FA