SCHUERING ZIMMERMAN & DOYLE - Laserfiche WebLink

without the written consent of City. No City or public utility or other City system shall be moved to accommodate Consultant without City approval and unless the cost of such work is borne by Consultant. The expense of repairs of any damage to City or public utility or City system resulting from Consultant's acts or omissions shall be charged by City to Consultant. b. The City's costs to ensure that work by Consultant in the Right of Way, PSE, and public parks will not affect the Right of Way, PSE, and public parks such as design review or inspection if applicable, shall be at the sole expense of Consultant, unless otherwise determined by the City Engineer. C. Nothing in this Agreement shall affect the City's existing or future use of the Right of Way, PSE and public parks. d. The City, SZD and Consultant agree that for Project installation, maintenance and repair, the City shall consider Consultant as the responsible parry. SZD and Consultant have a separate agreement regarding payment for the costs for such installation, maintenance and repair work. 7. INDEMNIFICATION. a. Consultant shall indemnify, defend and hold harmless City, its officers, employees and agents against and from any and all claims or suits for damages or injury or fines arising from the Consultant's use of the Right of Way, PSE and public parks or from Consultant's breach or default of any obligation under this Agreement, excepting such claims or suits for damages or injury arising from the sole negligence or willful misconduct of City. This indemnification and hold harmless provisions shall survive termination of this Agreement. 8. INSURANCE. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense the following insurance coverage: a. Consultant shall maintain in full force and effect at its own cost and expense: 1. General Liability Insurance for at least $2,000,000 combined limit for bodily injury and property damage and provide that City, its officers, employees and agents are named additional insured under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance under this Agreement, and that no other insurance effected by City or other named insured will be called on to cover a loss covered hereunder. 2. Automobile liability insurance in an amount not less than $1,000,000 per person/per occurrence. 3. Workers' Compensation Insurance for all employees, all in strict compliance with State laws, and to protect City from any and all claims thereunder.