Common use of CONSTRUCTION OF RECREATION IMPROVEMENTS Clause in Contracts

CONSTRUCTION OF RECREATION IMPROVEMENTS. CITY shall notify DIRECTOR two (2) weeks prior to beginning construction of any RECREATION IMPROVEMENTS on PREMISES and shall coordinate the work with COUNTY’s inspector during the progress of construction of RECREATION IMPROVEMENTS per the terms of the County Property Permit. Any Contractor hired by CITY to construct or maintain RECREATION IMPROVEMENTS on PREMISES (“Contractor”) shall be required to: (a) Maintain insurance that complies with the insurance requirements specified in Exhibit B; (b) Indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless DISTRICT, the COUNTY, their elected and appointed officials, officers, employees, agents and contractors (hereinafter “DISTRICT/COUNTY INDEMNITEES”) harmless from any and all claims, losses, or liability, arising from injury or damage to persons or property related to Contractor’s, its subcontractor’s, their employee, agents or invitees activities on, within, upon, under or over PREMISES unless such injury or damage is caused by the sole negligence or willful misconduct of DISTRICT, COUNTY or the DISTRICT/COUNTY INDEMNITEES; (c) Provide DIRECTOR with a copy of its Notice of Intent (if applicable) to comply with the provisions of the Statewide CGP, and with a copy of specifications requiring its Contractors to comply with the municipal National Pollutant Discharge Elimination System (hereinafter referred to as “NPDES”) permit provisions covering construction activities and to fully comply with the requirements of that NPDES permit. Contractors shall also be required to comply with the Best Management Practice requirements of the CITY’s Drainage Area Management Plan, Local Implementation Plan as specified in Article 13 (Stormwater Regulations) of this AGREEMENT for activities to be conducted by the contractor and its subcontractors on PREMISES; (d) No construction materials are to be stored in such a way as to impede and/or interfere with any DISTRICT flood control operations. (e) DIRECTOR shall have the authority to update or modify these requirements as necessary to comply with the COUNTY’s risk management policies and practices. DIRECTOR shall give CITY advance notice of any such changes in the manner set forth in this AGREEMENT. Any DISTRICT improvements disturbed, damaged, vandalized or removed as a result of the CITY’s as a result of CITY authorized construction, maintenance, or operation within, upon, under or over PREMISES shall be repaired, restored or replaced at CITY’s expense in conformance with OC Public Works Standard Plans and to the satisfaction of the DIRECTOR within sixty (60) calendar days of the issuance of written notice by DIRECTOR. If CITY and/or its contractor fail to repair, restore or replace DISTRICT’s improvements within sixty (60) calendar days, DIRECTOR may, in his sole and absolute discretion, cause the repair, restoration or replacement of DISTRICT’s improvements to be completed by DISTRICT personnel or DISTRICT contractors and CITY shall be solely responsible for these costs and expenses, and shall compensate DISTRICT for all such work upon invoice by DIRECTOR. CITY agrees that in an emergency situation which threatens the public’s health, safety or welfare, DIRECTOR, in his sole and absolute discretion, shall be permitted to cause the repair, replacement or restoration of DISTRICT’s improvements that may have been damaged, disturbed, vandalized or removed as a result of CITY authorized construction, maintenance, or operation activities contemplated herein, without prior notice to CITY and CITY shall be solely responsible for the cost of such repair, restoration or replacement in accordance with the procedures described above.

CONSTRUCTION OF RECREATION IMPROVEMENTS. CITY shall notify DIRECTOR two (2) weeks prior to beginning construction of any its RECREATION IMPROVEMENTS on PREMISES and shall coordinate the work with COUNTYDISTRICT’s inspector during the progress of construction of RECREATION IMPROVEMENTS per the terms of the County Property Permitindividual encroachment permits. Any Contractor hired by CITY to construct or maintain RECREATION IMPROVEMENTS on PREMISES (“Contractor”) shall be required to: (a) Maintain insurance that complies with the insurance requirements specified in Exhibit BC; (b) Indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless DISTRICT, the COUNTY, their elected and appointed officials, officers, employees, agents and contractors (hereinafter “DISTRICT/COUNTY INDEMNITEES”) harmless from any and all claims, losses, or liability, arising from injury or damage to persons or property related to Contractor’s, its subcontractor’s, their employee, agents or invitees activities on, within, upon, under or over PREMISES unless such injury or damage is caused by the sole negligence or willful misconduct of DISTRICT, COUNTY or the DISTRICT/COUNTY INDEMNITEES; (c) Provide DIRECTOR with a copy of its Notice of Intent (if applicable) to comply with the provisions of the Statewide CGP, and with a copy of specifications requiring its Contractors to comply with the municipal National Pollutant Discharge Elimination System (hereinafter referred to as “NPDES”) permit provisions covering construction activities and to fully comply with the requirements of that NPDES permit. Contractors Contractor shall also be required to comply with the Best Management Practice requirements of the CITY’s Drainage Area Management Plan, Local Implementation Plan as specified in Article 13 (Stormwater Regulations) of this AGREEMENT for activities to be conducted by the contractor and its subcontractors on PREMISES; (d) No construction materials are to be stored in such a way as to impede and/or interfere with any DISTRICT flood control bikeway use, channel inspection, maintenance operations. (e) DIRECTOR shall have the authority to update , or modify these requirements as necessary to comply with the COUNTY’s risk management policies and practices. DIRECTOR shall give CITY advance notice of any such changes in the manner set forth in this AGREEMENTaccess/use by emergency vehicles. Any DISTRICT improvements disturbed, damaged, vandalized or removed as a result of the CITY’s as a result of CITY authorized construction, maintenance, or operation construction activities within, upon, under or over PREMISES shall be repaired, restored or replaced at CITY’s expense in conformance with OC Public Works Standard Plans and to the satisfaction of the DIRECTOR within sixty (60) calendar days of the issuance of written notice by DIRECTOR. If CITY and/or its contractor fail to repair, restore or replace DISTRICT’s improvements within sixty (60) calendar days, DIRECTOR may, in his sole and absolute discretion, cause the repair, restoration or replacement of DISTRICT’s improvements to be completed by DISTRICT personnel or DISTRICT contractors and CITY shall be solely responsible for these costs and expenses, and shall compensate DISTRICT for all such work upon invoice by DIRECTOR. CITY agrees that in an emergency situation which threatens the public’s health, safety or welfare, DIRECTOR, welfare as determined by DIRECTOR in his sole and absolute discretion, DIRECTOR shall be permitted to cause the repair, replacement or restoration of DISTRICT’s improvements that may have been damaged, disturbed, vandalized or removed as a result of CITY authorized construction, maintenance, or operation activities contemplated herein, without prior notice to CITY and CITY shall be solely responsible for the cost of such repair, restoration or replacement in accordance with the procedures described above.