HomeMy WebLinkAboutMemorandum_of_Agreement_for_Road_in_Limbo _ _ ------
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MEMORANDUM OF AGREEMENT FOR ROADWAY
IMPROVEMENTS AND/OR MATERIALS FOR
THIS MEMORANDUM OF AGREEMENT is made this day of
20 , by and between
whose mailing address is
(hereinafter "Community"), and the COUNTY OF HAW AI'I, a municipal corporation of the
State of Hawai 'i, whose principal place of business and mailing address is 25 Aupuni Street,
Hilo, Hawai 'i 96720 (hereinafter "County").
WITNESSETH:
WHEREAS, Resolution 320-10 authorizes the Department of Public Works to enter into
agreements to provide materials from County-owned quarries to communities that are agreeable,
willing and able to spread these materials to maintain recognized government-owned roadways
that the County is at this time unable to maintain; and
WHEREAS, by this partnership, the County is able to improve the conditions of these
roadways by providing the materials to the communities, who will then be able to use the
materials provided to improve and upkeep the maintenance of these roadways.
NOW, THEREFORE, the parties hereby agree as follows:
1. The Department of Public Works will work with the Community in providing
materials, which will consist of base course to help improve and maintain existing
governmental roadways.
2. The Department of Public Works will estimate and provide these materials as
determined by what the Department of Public Works can provide based on its
available funding toinclude supplies andmanpower toproduce andtransport
these materials.
3. TheDepartment ofPublic Works shallhavethefinal authority over theamounts
andschedule ofdelivered materials, including the location ofsuchdeliveries.
4. TheCommunity shallworkwiththeDepartment ofPublic Works inidentifying
theareastobeimproved, toinclude prioritizing theareastobeimproved.
5. TheCommunity shallprovide adequate areas forstaging ofmaterials and
demonstrate tothe Department ofPublic Works’ satisfaction theCommunity’s
ability tomaintain theroads andspread thematerials inanacceptable manner.
6. TheCommunity shall,inthespreading andmaintenance ofthematerials,
maintain theoriginal alignment and contours ofthe roadway.
7. Anygrading orgrubbing workmust bepermitted inaccordance with thecurrent
applicable standards assetforthinChapter 10oftheHawai‘iCounty Code.
8. TheCommunity shallnotobstruct oralter natural water courses withthe
placement ofmaterials.
9. TheCommunity, inaccepting these materials from theCounty, hereby waives any
andallclaims thattheCommunity mayhave against theCounty, andshall be
responsible foralldamages topersons orproperty, including alldamages accrued
fromthework ofother contractors, arising fromorrelating totheuseofthese
materials. TheCommunity shallindemnify and savetheCounty andallofits
electedand appointed officials, volunteers, agents, and employees harmless
against anyliability, claims, demands, orcauses ofaction ofanynature
whatsoever fordamages ofanykind,andagrees, attheCommunity’sexpense, to
defend any legal or other action brought against the County, its elected and
appointed officials, agents, and employees founded upon any such liability, claim,
demand, or cause of action, and pay any attorney's fees incurred by the County,
its elected officials, volunteers, agents, and employees in connection with the
providing of materials by the County to the Community under this agreement.
10. This agreement shall be binding upon the respective parties and their respective
heirs, assigns or successors in interest.
11. This agreement may be terminated at anytime upon thirty days' written notice to
the other party.
DATED:
By _______________
Community
COUNTY OF HAW AI'I
By _____________ Director of Public Works
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel