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POD, INC.
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Last modified
10/9/2024 4:09:56 PM
Creation date
9/16/2024 4:56:11 PM
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Contracts
Company Name
POD, INC.
Contract #
A-1974-058
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I in paragraph 8 by ten percent, if the total bid cost exceeds <br />2 the estimated cost by ten percent, DISTRICT's Chief Engineer <br />3 shall accept or reject the bids within 20 days after notifi- <br />4 cation by CITY. IF DISTRICT's Chief Engineer does not accept <br />5 bids, CITY may bill COUNTY for engineering cost in paragraph 8. <br />6 12. CITY agrees to save DISTRICT and COUNTY, their officers, <br />7 agents or employees harmless from any and all penalties, liabil- <br />ing <br />8 ities, or loss resulting from claims or court actions arising <br />I <br />9 directly or indirectly out of any damage or injury to persons or <br />10 property by reason of the acts or omissions of CITY, its agents, <br />11 employees, or independent contractors employed by CITY, in <br />12 exercising any of the privileges herein granted or in consequence <br />13 thereof. DISTRICT and COUNTY likewise agree to hold CITY harm- <br />14 less from same. <br />15 13. DISTRICT reserves the right unto itself to perform any <br />16 flood control work, upon any portion or all of the area covered <br />17 by this Agreement, or to do any other work necessary at any time. <br />18 Such work may be performed without incurring any liability of <br />19 any nature whatsoever to CITY. <br />20 14. After completion of, the bi_qycle trail, DISTRICT's trail <br />21 extension and CITY's trail crossing will be incorporated in the <br />22 Santa Ana River bicycle trail. Thereafter, routine maintenance <br />23 such as sweeping and cleaning of the trail within DISTRICT's <br />24 right of way shall be performed by DISTRICT at COUNTY expense. <br />25 However, in the event of a major repair requiring the recon- <br />26 struction of the trail crossing costing more than $1,000, CITY <br />27 shall bear one-half of the total cost of the repair, including <br />28 overhead. Prior to commencing any major repair work pertaining <br />29 to CITY's obligation, DISTRICT's Chief Engineer shall consult <br />30 with CITY's Director of Public Works. DISTRICT shall bill CITY, <br />31� and CITY shall pay within 60 days after receipt of invoice. <br />32f After five years, CITY, COUNTY or DISTRICT may terminate this <br />4 - 9 C, <br />
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