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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 City.
<br />The project budget allows for additional funds, supported by adequately documented approved change
<br />orders, in the amount of $5,733.00, to ensure project completion, with an overall total budget of $43,953.00.
<br />14. INDEMNIFICATION
<br />Contractor shall indemnify and save harmless the City of Santa Ana, its officers and employees,
<br />against any and all damages to property and injuries to or death of any person or persons, including
<br />employees or agents of the City of Santa Ana, and shall defend, indemnify and save harmless Owner and
<br />the City of Santa Ana, its officers and employees, from any and all claims, demands, suits, actions or
<br />proceedings of any kind or nature, including, but not by way of limitation, worker's compensation claims of
<br />or by anyone whomsoever in any way resulting from or arising out of the operations in connection
<br />herewith, including operations of subcontractors and acts or omissions of employees or agents of Contractor
<br />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 City, 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 City 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 City Attorney.
<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 />(d) Contractor shall (a) furnish properly executed certificates of insurance to the City prior to
<br />commencement of work under this Contract, which certificates shall clearly evidence all coverage required
<br />above and provide that such insurance shall not be materially changed or terminated except on 30 days'
<br />prior written notice to the City; and (b) maintain such insurance from the time work first commences until
<br />completion of the work under this Contract; and (c) replace such certificate for policies expiring prior to
<br />completion of work under this Contract.
<br />EXHIBIT 3 4
<br />20B-11
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