Common use of TRAIL MAINTENANCE Clause in Contracts

TRAIL MAINTENANCE. The CONTRACTOR agrees to assist the STATE with the maintenance of the TRAIL. Maintenance shall include, but not be limited to, routine inspection, installation, repair, and replacement of bridges and culverts, removal of rocks and stumps, placement of gravel and natural fill, smoothing the trail surface, installation of broad-based dips, water bars and ditches, removal of fallen trees, cutting back vegetation encroaching on the TRAIL to assist with safe winter grooming practices, and grooming the TRAIL. a. Kiosks: There are several kiosks located at various points along the TRAIL. These are permanently fixed to the TRAIL and are the property of the STATE. The CONTRACTOR shall not remove or alter these kiosks without prior approval from the STATE. The CONTRACTOR may perform regular maintenance and upkeep to the kiosks. The CONTRACTOR shall not add any additional kiosks to any part of the TRAIL without prior approval from the STATE. Requests for additional kiosks shall be made to the STATE through the CONTRACTOR’s Annual Work Plan. Any additional structures that were installed to the TRAIL prior to this AGREEMENT are subject to removal at the STATE’s discretion. No other structures may be installed to the TRAIL without prior approval from the STATE. b. The CONTRACTOR may apply for Grant-In-Aid (GIA) and/or Recreational Trails Program (RTP) grant funds in order to complete maintenance of the TRAIL. The CONTRACTOR is also permitted to solicit and receive donations on behalf of, and for use in, the maintenance of the PROPERTY. Third party donations shall not constitute a claim or interest within the PROPERTY. The CONTRACTOR shall notify all donor(s) of this policy in writing. c. The STATE agrees that the CONTRACTOR is a maintenance partner of the STATE, and as such, the STATE agrees that the CONTRACTOR shall not be responsible for providing repairs on the PROPERTY caused by unexpected catastrophic events, natural or otherwise, damages caused by others, major TRAIL damages, or impacts caused by the public use of the TRAILS. Such significant repairs would be done in partnership between the parties, including, but not limited to, shared labor, materials, and expenses. d. The CONTRACTOR agrees to maintain all necessary safeguards for the safety of the public and CONTRACTOR volunteers. The CONTRACTOR shall not be liable for personal injury or property damage from construction, maintenance, or trail improvements for public recreational use, pursuant to RSA 508:14, II, in the absence of gross negligence or willful or wanton misconduct. e. The CONTRACTOR agrees to maintain a record of all persons involved in volunteer work on the PROPERTY. Said record will contain the volunteer’s full name, dates and hours of volunteer work, and type of volunteer work performed to enable the protections under RSA 508:17. f. The CONTRACTOR agrees to maintain all equipment, to include but not be limited to, chainsaws, handsaws, limb saws, excavators, backhoes, rock ▇▇▇▇▇, graders, groomers, and drags, utilized for trail work on the PROPERTY, in proper operating condition with all safety devices functioning. g. The CONTRACTOR shall ensure that its officers, staff, members and volunteers are properly trained, certified and licensed to carry out all CONTRACTOR activities, in accordance with current safety and operating standards, practices and conduct necessary for the proper execution of its activities. The CONTRACTOR shall comply with any additional or specialized training required by DNCR, as specified in the PLAN, Special Use Permit(s), or any other agreement between the parties. h. The CONTRACTOR agrees that volunteers must use, at a minimum, the following Personal Protective Equipment (PPE) when utilizing a chainsaw for trail work: Hardhat, Ear protection, Leather gloves, Eye or face screen protection, Long sleeve tops, Long pants and cut resistant chaps that extend from waist to top of boot, and Non-skid boots with lug soles and steel toe or composite toe protection. i. All TRAIL maintenance activities done by the CONTRACTOR, other than routine trail brushing and grooming, shall be pre-approved by the STATE through its district supervisor. Any and all structural improvements fixed or permanently installed on the PROPERTY by the CONTRACTOR or its subcontractors, shall vest, free and clear and without cost, to the STATE upon project completion. The STATE reserves the right to terminate this AGREEMENT if the CONTRACTOR carries out any unauthorized work on the PROPERTY. j. The CONTRACTOR agrees to work cooperatively with the STATE to do such things, as are reasonably necessary and practicable, including the use of gates and barriers and appropriate official signs, to keep snowmobile use on the TRAIL and to restrict access by vehicles other than snowmobiles. k. The CONTRACTOR agrees, from TRAIL setup in the fall through sign retrieval in the spring, to maintain the TRAIL in a litter-free condition and shall promptly dispose of all litter, trash, and manmade debris associated with snowmobiling in a proper manner and offsite.