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FOUNTAIN VALLEY, CITY OF 3
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FOUNTAIN VALLEY, CITY OF 3
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Last modified
12/3/2015 4:43:12 PM
Creation date
3/21/2007 12:39:42 PM
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Contracts
Company Name
FOUNTAIN VALLEY, CITY OF
Contract #
A-2007-028
Agency
PUBLIC WORKS
Council Approval Date
2/5/2007
Destruction Year
2013
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b. FOUNTAIN VALLEY shall have the exclusive right of approval of all plans, <br />specifications and cost estimates prepared by consultants for the portion of the <br />PROJECT within the jurisdictional boundaries of FOUNTAIN VALLEY. <br />c. FOUNTAIN VALLEY shall cause all hired consultants and contractors on the <br />PROJECT to obtain general liability and motor vehicle liability insurance in <br />amounts satisfactory to SANTA ANA. FOUNTAIN VALLEY shall also <br />cause SANTA ANA to be named as additionally insured on insurance <br />certificates and separate endorsements for all contracts related to the <br />PROJECT. Copies of such certificates and endorsements shall be provided to <br />SANTA ANA prior to construction or work by consultants. <br />3. Joint Rights and Duties: <br />a. In the event that expended costs for the PROJECT exceed funds listed in <br />Exhibit "A", SANTA ANA shall be solely responsible for obtaining the <br />additional funding for the increased costs occurring within the jurisdictional <br />boundary of SANTA ANA and FOUNTAIN VALLEY shall be solely <br />responsible for obtaining the additional funding for the increased costs <br />occurring within the jurisdictional boundary of FOUNTAIN VALLEY. <br />b. Mutual Indemnity Provision <br />i. Pursuant to Section 8546.7 of the California Government Code, in <br />the event that this Agreement involves expenditures of State funds <br />aggregating in excess of Ten Thousand Dollars ($10,000), both <br />parties shall be subject to the examination and audit of the Auditor <br />General of the State of California for a period of three (3) years <br />after final payment under this Agreement. <br />ii. That neither SANTA ANA nor any officer or employee thereof <br />shall be responsible for any damage or liability occurring by reason <br />of anything done or omitted to be done by FOUNTAIN VALLEY <br />under or in connection with any work, authority, or duties <br />delegated to FOUNTAIN VALLEY under this Agreement. It is <br />also understood and agreed that, pursuant to Government Code <br />Section 895.4, FOUNTAIN VALLEY shall fully indemnify, <br />defend, and hold SANTA ANA harmless from any liability <br />imposed for injury (as defined by Government Code Section <br />810.8), occurring by reason of anything done or omitted to be done <br />by FOUNTAIN VALLEY under or in connection with any work, <br />authority, or duties delegated to FOUNTAIN VALLEY under this <br />Agreement. <br />iii. That neither FOUNTAIN VALLEY nor any officer or employee <br />thereof shall be responsible for any damage or liability occurring <br />by reason of anything done or omitted to be done by SANTA ANA <br />under or in connection with any work, authority, or duties <br />
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