SCHUERING ZIMMERMAN & DOYLE - Laserfiche WebLink

d. Any work or use done under the Encroachment Permit shall conform to the standards and specifications established by the City. In the absence of specific standards and specifications, recognized standards of construction or approved practices shall govern the work or use. e. If, in the reasonable judgment of the City Engineer or his or her designee, Consultant has failed to maintain properly the Project as required by this Agreement, the City may perform such maintenance, at its option, after ten (10) days' prior written notice to Consultant of such failure to maintain. Notices required hereunder shall be deemed effective two (2) days after mailing. In such event, the City's performance of such maintenance shall be at the Consultant's sole expense and Consultant, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance. The City's remedy provided in this paragraph shall be in addition to any other rights and remedies the City may have at law or in equity. If any maintenance, repair, or replacement of the Project needs immediate correction as a result of a public safety or health hazard, as reasonably determined by the City Engineer or his or her designee, and such maintenance is not performed, or cannot be performed, by Consultant within twenty-four (24) hours of receipt of such notice thereof, which notice may be sent by email or facsimile, the City may perform or cause to be performed such immediate maintenance at Consultant's expense, and Consultant, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such immediate maintenance. f. The City, SZD and Consultant agree that for Project installation, inspection, maintenance and repair work, the City shall consider Consultant as the responsible parry to complete such work. 3. CITY'S NON -RESPONSIBILITY. Notwithstanding Section 2.e., above, City shall at no time and for no reason be responsible for the repair, inspection, maintenance or replacement of the Project. 4. TERMINATION. City may terminate this Agreement for any reason at the City's sole discretion by providing ninety (90) days written notice to SZD and Consultant 5. REMOVAL OF PROJECT AND RESTORATION. a. Upon termination, Consultant shall remove the Project from the Right of Way, PSE, and public parks and shall restore, to the City's reasonable satisfaction, the Right of Way, PSE, public parks and any adjacent property which has been affected by the Project to as good a condition as they were in at the time of the construction of the Project. This shall include, but not be limited to: (i) plugging of the monitoring well holes in the Right of Way and PSE as require by Zone 7 Seal Requirements, or other material approved by the City, to thirty one feet (31') in depth; (ii) road restoration; (iii) plugging of the monitoring well holes in public parks as require by Zone 7 Seal Requirements, or other material approved by the City, with the top eighteen inches (18") native soil; and (iv) posting a one (1) year maintenance bond (or cash bond) to guaranty against defects and faults in materials and workmanship of such removal and restoration.