Common use of Campus Disruption Due to Noise, Dust Control, or Other Operations Clause in Contracts

Campus Disruption Due to Noise, Dust Control, or Other Operations. If school is in session at any point during the progress of the project, and in the DISTRICT’s reasonable discretion, the noise and/or other disruptions from such Work disrupts or disturbs the students or faculty or the normal operation of the school, at the DISTRICT’s request, the CONTRACTOR shall schedule the performance of all such Work around normal school hours or make other arrangements so that the work does not cause such disruption or disturbance. In no event shall CONTRACTOR have a right to receive additional compensation or an extension to the Contract Time as a result of any such rescheduling or the making of such other arrangements. Any temporary power, water, or other utility or service cutoffs must be pre-approved by DISTRICT or its authorized representative. The CONTRACTOR shall be responsible for complying with the requirements of the city and county having jurisdiction with regard to noise ordinances governing construction sites and activities. Construction equipment noise is subject to the control of the Environmental Protection Agency’s Noise Control Program (Code of Federal Regulations, Title 40, Part 204). The CONTRACTOR shall be solely responsible for maintaining all areas of the Work free from all materials and products that by becoming airborne may cause respiratory inconveniences to DISTRICT students and personnel. Damages and/or any liability derived from the CONTRACTOR’s failure to comply with these requirements shall be the sole cost of the CONTRACTOR, including all penalties incurred for violations of local, state and/or federal regulations.