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d) District installation of chain linked fencing on District Property, in accordance with
<br /> District specifications for design, aesthetics, and location.
<br /> e) District shall not change the drawings, plans, specifications, or in the scope of the
<br /> Fence Work, method of performance, nature of materials, or any other matter
<br /> materially affecting the performance or nature of the Fence Work without prior
<br /> discussions with the City. All revised Fence Work shall have final written
<br /> authorization by the District since Fence Work is on District's property.
<br /> 2. Construction Requirements. For Fence Work, District, including District's contractors,
<br /> consultants, and employees, shall comply with the following requirements for construction
<br /> for this MOU and License Agreement:
<br /> a) Communication: All communication related to the Fence Work, Licensed Area, or
<br /> the District Property shall be with the District's designated representative, Micaela
<br /> Ochoa, Ed. D, Deputy Superintendent or Designee.
<br /> b) Notice Before Work. District will provide ten (10)working days' notice by phone to
<br /> (925) 931-5565, and email to: bstewartcitvofpleasantonca.qov or fax(925) 485-
<br /> 9287, to Brandon Stewart, the City's Parks Superintendent, prior to performing any
<br /> significant installation, replacement or maintenance of the Fencing from Fairlands
<br /> Park, except in cases of emergency as defined in Public Contract Code section
<br /> 1102, in which case District shall provide whatever notice is reasonable under the
<br /> circumstances.
<br /> c) Access: District shall provide direction to District's contractors, consultants, and
<br /> employees to maintain no egress and ingress into the City's property during Fence
<br /> Work construction.
<br /> d) Permits and Approvals: The District, at no expense to the City, shall obtain any
<br /> and all required approvals, permits, inspections, or similar items, if any, from all
<br /> agencies or authorities with jurisdiction, including right-of-way certifications and
<br /> environmental clearances, compliance under the California Environmental Quality
<br /> Act(CEQA), and approvals from the Division of the State Architect(DSA).
<br /> e) Safety Measures: According to generally accepted construction practices, the
<br /> District will be solely and completely responsible for conditions for the Fence Work
<br /> area, including the furnishing and placing of proper guards for the prevention of
<br /> accidents and any other necessary measures required to secure safety of life or
<br /> property, particularly when children are present. This requirement will apply
<br /> continuously and not be limited to normal working hours. Implementation and
<br /> maintenance of safety programs shall be the sole responsibility of the District.
<br /> f) City's Non-Responsibility: The District shall pay, when due, all claims for labor and
<br /> material furnished to the work site.
<br /> g) Compliance with Law: Contractors retained by the District shall be fully licensed,
<br /> registered, and bonded as required by law, and must maintain the levels of
<br /> casualty, liability, and workers' compensation insurance, as well as performance
<br /> and payment bonds consistent with law. District shall ensure that the Fence Work
<br /> is performed in a sound and workmanlike manner, in compliance with all laws,
<br /> ordinances, and regulations applicable to the work, including, but not limited to,
<br /> applicable building codes and regulations, prevailing wage, and other labor and
<br /> public works laws.
<br /> MOU AND LICENSE AGREEMENT—PUSD&CITY OF PLEASANTON RE FENCING AT FAIRLAND ES Page 2 of 8
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