Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />Project: Flower St. Bike Trail <br />Agreement No. D08-xxx <br />Any Contractor hired by CITY to construct improvements on Premises shall be required to: <br />(a) maintain insurance that complies with the insurance requirements specified in Exhibit B; <br />(b) indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless DISTRICT, the <br />County of Orange (COUNTY), their elected and appointed officials, officers, employees, agents and <br />contractors (hereinafter "DISTRICT/COUNTY Indemnitees") harmless from any and all claims, <br />losses, or liability, arising from injury or damage to persons or property related to Contractor's, its <br />subcontractor's, their employee, agents or invitees activities on, within, upon, under or over <br />Premises unless such injury or damage is caused by the sole negligence or willful misconduct of <br />DISTRICT, County or the DISTRICTlCounty Indemnitees; <br />(c) provide Director with a copy of its Notice of Intent to comply with the NPDES permit covering <br />construction activities and to fully comply with the requirements of that NPDES permit. Contractor <br />shall also be required to comply with the requirements of the Drainage Area Management Plan, <br />Local Implementation Plan as specified in Article 13 (Stormwater Regulations) of this AGREEMENT <br />for activities to be conducted by the contractor and its subcontractors on Premises; <br />(d) No construction materials are to be stored in such a way as to impede and/or interfere with any <br />bikeway use, channel inspection or maintenance operations. <br />Any DISTRICT improvements disturbed, damaged, vandalized or removed as a result of CITY's construction <br />activities within, upon, under or over Premises shall be repaired, restored or replaced at CITY's expense in <br />conformance with RDMD Standard Plans and to the satisfaction of the Director within sixty (60) calendar <br />days of the issuance of written notice by Director. If CITY andlor its contractor fail to repair, restore or <br />replace DISTRICT's improvements within 60 calendar days, Director may, in his sole and absolute <br />discretion, cause the repair, restoration or replacement of DISTRICT's improvements to be completed by <br />DISTRICT personnel or DISTRICT contractors and CITY shall be solely responsible for these costs and <br />2sB_ <br />