RES 704 Draft 01 2022-2024 - Laserfiche WebLink

Home

specifications for the Sewer Infrastructure have been prepared by OLA's consultants and engineers ("Consultants") for approval by the County, through its affected agencies, as set forth herein below. The infrastructure to be constructed by OLA shall be presented in an engineering plan to the Director and shall be in accordance with the approved plan, as required by HCC Section 21-7. 3. Use and Occupancy Agreements. Within a reasonable time from the approval of the sewer plans, the County will negotiate with DOT to meet DOT requirements regarding Conditional Use and Occupancy in the State Right of Way. OLA hereby agrees as follows: A. OLA and its consultant will assist and provide the County with any information required by DOT to facilitate execution of the Use and Occupancy for the state- owned Hawaii Belt Highway. B. OLA further agrees to assist the County with any needed information to finalize a Use and Occupancy Agreement acceptable to both the County and the State as required prior to the start of construction. The County agrees to assist OLA, as its resources permit, in the submission of all required documentation and with the execution of such forms as may be reasonably required by DOT. DEM shall, in consultation with OLA, have reasonable discretion to negotiate a satisfactory form of Use and Occupancy Agreement with DOT for the Belt Line segment and shall commence such negotiations with DOT within a reasonable time after the execution of this Agreement. C. In conjunction with the performance of the Conditional Use Letter and Use and Occupancy Agreement No. 588, OLA hereby agrees to save, defend and hold the County harmless from and against any and all claims, actions and proceedings arising out of, related to, or connected with the environmental impacts and or mitigations, permitting, design, and construction of the Sewer Infrastructure, including claims of improper design or construction, personal injury or death occurring in the construction phase, and to complete the performance of the foregoing terms of said agreements and to pay the costs incurred therefor, provided that after the County's final acceptance of the Belt Line Sewer Infrastructure, County shall be solely responsible for the satisfaction and performance of the terms and conditions of said Use and Occupancy Agreement No. 588. D. OLA further agrees to provide that the Construction Contract for the construction of the Sewer Infrastructure provides that: (1) the County is named as a third party beneficiary of the Construction Contract, with the right, but not the obligation, of the County to act in place of OLA in the event that OLA is in default of the terms of this Agreement, and to be notified of and the right to timely approve any change orders, such approval not to be unreasonably withheld or delayed; (2) all warranties and warranty bonds shall be assignable by OLA to the County; (3) the General Contractor hired by OLA provides performance and payment bonds assuring the performance and completion of the Construction Contract in accordance with the COH General Terms and Conditions for Construction Contracts (1972) ("GTCs") or as revised prior to contract execution, and in accordance with its terms regarding the payment of the General Contractor's subcontractors; and (4) general commercial liability, automobile liability and pollution coverage insurance coverage naming OLA, the County and the -3-