|
q.�-I2�
<br /> required by law. Developer also agces that before its prime contractors commence work oa the
<br /> Project Site, such contractors shall fiunish the Agency and the City proof of insurance coverage
<br /> naming such public agency, its o�icers, members, agents and employees as co-insureds, under a
<br /> policy or policies of insurance containing coverage of such risks and in such amounts as are ..
<br /> standard for public works contracts of the nature and scope to be conshucted on the Project Site.
<br /> All insurance required to be carried or maintained hereunder by Developer may be provided as
<br /> part of a blanket or umbrella coverage policy or policies carried by Developer or by a member of
<br /> the limited liability company consrituting Developer.
<br /> In addition to the insurance requirements of this Section 506, Developer shall assume and
<br /> be responsible for, and shall defend, indemnify and save hazmless, the Indemnitees from and
<br /> against any and all claims, demands, liability, loss or costs, including reasonable attomeys' fees
<br /> and court costs, for injuries to, or the death of, any person or }�ersons, or damages to property,
<br /> including property of the Agency and/or the City, wluch may atise out of or in any manner be
<br /> connected with Developer's performance of the work to be performed by Developer pursuant to
<br /> this Agreement, except such as may arise from the negligence or willful misconduct of the
<br /> Agency and/or the City, or their officers, members, agents or employees.
<br /> The Agency and the City shall be obligated, jointly and severally, to defend, indemnify
<br /> and save harmless Developer and its officers, employees, partners, members, shazeholders,
<br /> agents, attomeys and owners against any claims or litigation brought by third pazties and directly
<br /> arising from the negligence or willful misconduct of the Agency and/or the City or its agents -
<br /> which may arise out of or in any manner be connected with the performance by the Agency
<br /> and/or the City of their duties under this Agreement.
<br /> §507 Riehts of Access
<br /> For the purpose of assuring compliance with this Agreement, representatives of the
<br /> Agency shall have the right of access to and over the Project Site, without charges or fees, at
<br /> normal construction hours during the period of construction for the putposes of this Agreement,
<br /> including, but not limited to, the inspection of the work being performed in constructing the
<br /> improvements, so long as such representatives comply with all safety rules. Developer will not
<br /> be responsible in any manner whatsoever for any liabilities arising from the negligence, or
<br /> willful misconduct, of the Agency or any of its agents, servants, employees and conh�actors in
<br /> connection with the exercise of the right of access granted hereunder.
<br /> §508 Local. State and Federal Laws
<br /> Developer shall carry out the construction of the improvements in conformity with all
<br /> applicable laws, including the Prevailing Wage Policy ofthe Agency set forth in its Resolution
<br /> No. RDA 88-07, which policy Developer agrees is applicable to the Project.
<br /> §509 Anti-Discrimination Durine Construction
<br /> Developer, for itself and its successors and assigns, agrees that in the construction of the
<br /> improvements provided for in this Agreement, Developer will not discriminate against any
<br /> employee or applicant for employment because of race, color, creed, religion, age, sex, sexual
<br /> preference, marital status, handicap, national origin or anceshy.
<br /> 24
<br /> DOCSSF1:648942.4
<br /> 9975-5 C 14
<br /> 120502
<br />
|