Laserfiche WebLink
12. In the event of a disagreement regarding the actual costs incurred by the City for <br />administration and construction of the County's facilities, the County's share will be based on <br />and determined by an actual field measurement of the work performed on County facilities to be <br />made jointly by representatives from the City and the County. <br />13. The City shall only accept the work accomplished within the limits of the County <br />after receiving written approval from the County's representative. County disapproval of City <br />work shall only be for non-conformance with the City adopted project plans and specifications <br />for the resurfacing of portions of Bay Road. Said approval or disapproval, if any, by the County <br />shall be provided so as not to cause the City to sustain any claims for delays from the <br />Contractor. <br />14. County shall indemnify, defend, and hold harmless the City, its officers, agents, <br />and employees from all claims, damages, suits or actions of every name, kind, and description, <br />arising out of or relating to the matters covered by this Agreement to the extent that such claims, <br />suits or actions are due to the negligence or willful misconduct of the County or the County's <br />failure to perform obligations required of the County under this Agreement. <br />Likewise, the City shall indemnify, defend, and hold harmless the County, its officers, <br />agents, and employees from all claims, damages, suits or actions of every name, kind, and <br />description, arising out of or relating to the matters covered by this Agreement to the extent that <br />such claims, suits or actions are due to the negligence or willful misconduct of the City or the <br />City's failure to perform obligations required of the City under this Agreement. <br />The duty to indemnify and hold harmless includes the duties to defend as set forth in <br />Section 2778 of the California Civil Code. <br />The City shall require the Contractor to name the County and the City, their officers, <br />agents, and employees as additional insureds on all insurance documents for this project and to <br />include all work performed on behalf of the City in the bonds, warranties and guaranties to be <br />furnished by Contractor. <br />ATTY/AGR/2007.004 <br />022107 4 <br />