|
8. BONDS
<br /> Consultant shall furnish two bonds to be approved by the City, one in the amount of One
<br /> Hundred Percent(100%) of the Contract price, to guarantee the faithful performance of the work
<br /> (Performance Bond), and one in the amount of One Hundred Percent(100%)of the Contract price
<br /> to guarantee payment of all claims for labor and materials furnished (Payment Bond). This
<br /> Contract shall not become effective until such bonds are supplied to and approved by the City.
<br /> Consultant shall,prior to the release of the performance and payment bonds or the retention
<br /> payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty
<br /> Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred
<br /> Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand
<br /> Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five
<br /> Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One
<br /> Hundred Thousand Dollars ($100,000) or Ten Percent(10%) of the final contract price.
<br /> 9. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br /> agents, employees, contractors, special counsel, and representatives from liability:(1)for personal
<br /> injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for
<br /> personal injury, including death, and claims for property damage, which may arise from the
<br /> negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
<br /> acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br /> from any claim that personal injury, damages,just compensation, restitution,judicial or equitable
<br /> relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
<br /> hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial
<br /> or equitable relief suffered,or alleged to have been suffered, by reason of the events referred to in
<br /> this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br /> further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including
<br /> fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br /> challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br /> compensation, restitution,judicial or equitable relief due to personal or property rights arises by
<br /> reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br /> decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing,
<br /> to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
<br /> shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br /> pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
<br /> 10. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Consultant shall defend and indemnify the City, its officers, agents, representatives, and
<br /> employees against any and all liability, including costs, for infringement of any United States'
<br /> letters patent,trademark,or copyright infringement,including costs,contained in the work product
<br /> or documents provided by Consultant to the City pursuant to this Agreement.
<br /> Page 5 of 11
<br />
|