AgdaPkt 2020-10-26 Joint SA PFA - Laserfiche WebLink

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7.A. - Page 70 of 176 10/09/2020 contractors and subcontractors performing work on the work of Levee Improvements with contracts in an amount of $5,000 or more. Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six (6) months after acceptance of all of the Levee Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, if any, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the payment security shall be released upon settlement or release of all claims and obligations for which the security was given. If SCOA's obligations relating to any Levee Improvements are subject to the approval of FEMA or another governmental agency, the City shall not release the improvement security until the obligations are performed to the satisfaction of such other governmental agency. 18. Indemnity. (a) Indemnity by SCOA. SCOA, with respect to Claims (as defined below) not arising solely from the negligence of either Met Life or HCP or their respective employees, contractors and agents, shall indemnify, defend and hold harmless City, Maintenance District and CFD and its and their elected officials, employees, contractors, agents and representatives (collectively, "City Parties") from and against any and all claims, liabilities and damages (including attorneys' fees and costs) (collectively, "Claims") arising directly or indirectly from the approval or implementation of this Agreement, including the proposed formation of the CFD, and performance of the Levee Improvements work, whether by SCOA or its contractors, subcontractors, employees, agents or representatives. (b) Indemnityby HCP or Met Life. Met Life or HCP each severally and only with respect to Claims arising from their respective negligence, or the negligence of their respective employees, contractors and agents, shall indemnify, defend and hold harmless the City Parties from and against any and all Claims arising directly or indirectly from the approval or implementation of this Agreement, including the proposed formation of the CFD, and performance of the Levee Improvements work, whether by SCOA or its contractors, subcontractors, employees, agents or representatives. (c) Notwithstanding anything to the contrary contained above, in no event shall SCOA, Met Life or HCP have any obligation to indemnify the City Parties to the extent such Claims arise from City Parties' sole negligence or willful misconduct. 19. Insurance. Prior to commencing any of the Levee Improvements work, SCOA shall, or cause its General Contractor to, obtain and maintain in full force and effect during the term of this Agreement, at SCOA's own expense and risk, Worker's Compensation, a general commercial liability insurance policy, and non -owned, and hired automobile liability insurance. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows: OAK #4819-4834-1908 v19 23 ATTY/AGR/2020.230/SEAPORT LEVEE AGREEMENT 252