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Agreement No. D12-015 <br />Bikeways and Trails in the City of Santa Ana <br />property related to Contractor's, its subcontractor's, their employee, agents or invitees <br />activities on, within, upon, under or over PREMISES unless such injury or damage is <br />caused by the sole negligence or willful misconduct of DISTRICT, COUNTY or the <br />DISTRICT/COUNTY INDEMNITEES; <br />(c) Provide DIRECTOR with a copy of its Notice of Intent to comply with the National <br />Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") permit <br />covering construction activities and to fully comply with the requirements of that NPDES <br />permit. Contractor shall also be required to comply with the requirements of the Drainage <br />Area Management Plan, Local Implementation Plan as specified in Article 13 <br />(Stormwater Regulations) of this AGREEMENT for activities to be conducted by the <br />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 <br />with any bikeway use, channel inspection or maintenance operations. <br />Any DISTRICT improvements disturbed, damaged, vandalized or removed as a result of CITY's <br />construction activities within, upon, under or over PREMISES shall be repaired, restored or <br />replaced at CITY's expense in conformance with OC Public Works Standard Plans and to the <br />satisfaction of the DIRECTOR within sixty (60) calendar days of the issuance of written notice by <br />DIRECTOR. If CITY and/or its contractor fail to repair, restore or replace DISTRICT's <br />improvements within sixty (60) calendar days, DIRECTOR may, in his sole and absolute <br />discretion, cause the repair, restoration or replacement of DISTRICT's improvements to be <br />completed by DISTRICT personnel or DISTRICT contractors and CITY shall be solely <br />responsible for these costs and expenses. CITY agrees that in an emergency situation which <br />threatens the public's health, safety or welfare as determined by DIRECTOR in his sole and <br />absolute discretion, DIRECTOR shall be permitted to cause the repair, replacement or restoration <br />of DISTRICT's improvements without prior notice to CITY and CITY shall be solely responsible <br />-Page 11 of 23 -