|
Payment due Contractor shall be paid within thirty (30) calendar days after the Agency receives
<br />Contractor's invoice and satisfactory releases of liens or claims for liens by Contractor, subcontractors,
<br />laborers, and material suppliers for completed work or installed materials. Ten percent (10%) of such
<br />payment to Contractor shall be retained by Agency. The retention funds shall be released thirty-five (35)
<br />calendar days after final inspection and acceptance of all work performed by Contractor and Contractor has
<br />furnished the Agency, satisfactory releases of liens or claims for liens by Contractor, subcontractors,
<br />laborers, and material suppliers (Notice of Completion filed and recorded with the County Recorder).
<br />Payments may be withheld on account of defective work not remedied, claims filed, failure of
<br />Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by
<br />another Contractor, or unsatisfactory performance of the work by Contractor, as determined by the Agency.
<br />The project budget allows for additional funds, supported by adequately documented approved change
<br />orders, in the amount of $36,500.00, to ensure project completion, with an overall total budget of
<br />$216,770.00.
<br />14. INDEMNIFICATION
<br />Contractor shall indemnify and save harmless the City of Santa Ana, the Community
<br />Redevelopment Agency, their officers and employees, against any and all damages to property and injuries
<br />to or death of any person or persons, including employees or agents of the City of Santa Ana, or the
<br />Redevelopment Agency of the City of Santa Ana, and shall defend, indemnify and save harmless Owner
<br />and the City of Santa Ana and the Redevelopment Agency of the City of Santa Ana, their officers and
<br />employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including,
<br />but not by way of limitation, worker's compensation claims of or by anyone whomsoever in any way
<br />resulting from or arising out of the operations in connection herewith, including operations of
<br />subcontractors and acts or omissions of employees or agents of Contractor or its subcontractors.
<br />15. INSURANCE
<br />With respect to performance of work under this Contract, Contractor shall maintain and shall
<br />require its subcontractors, if any, to maintain insurance as described below:
<br />(a) Workers' compensation insurance with statutory limits, and employer's liability insurance with
<br />limits of not less than $1,000,000 per incident; and
<br />(b) Contractor shall maintain commercial general liability insurance naming the Agency, its
<br />officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited
<br />to protection against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting from any act or occurrence arising out of Contractor's operations in
<br />the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts
<br />of insurance shall be not less than the following: single limit coverage applying to bodily and personal
<br />injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
<br />occurrence. Contractor shall supply the Agency with a fully executed additional insured endorsement in
<br />substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be
<br />approved in form by the Agency Legal Counsel.
<br />(c) Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non -owned automobiles.
<br />4 3-8
<br />
|