Agmt10 A Bright Idea (ABI) Mark Spahn

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I SECTION 11 - HOLD HARMLESS AND INDEMNIFICATION A. The City of Redwood City and all officers and employees thereof connected with the Work shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City of Redwood City's officers or employees. B. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City of Redwood City, its elected and appointed officials, contractors, and employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor's fault or negligence, including any of the same resulting from City's alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its officers, agents, or servants who are directly responsible to City. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason. C. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City, may be retained by the City of Redwood City until disposition has been made of such suits or claims for damage. SECTION 12 - BONDS AND INSURANCE A. Contractor must execute and submit the following documents to the City within ten (10) days after being notified of the award of the contract, and before Contractor performs any services under this Contract. Execution of contract depends upon approval of these documents, which are attached hereto and incorporated herein by this reference: 1. Document 00610 (Construction Performance Bond): To be executed by the successful Bidder and surety, in the amount of 100 percent of the Contract Sum. 2. Document 00620 (Construction Labor and Material Payment Bond): To be executed by successful Bidder and surety, in the amount of 100 percent of the Contract Sum. Corporate sureties on all bonds shall be duly licensed to do business in the State of California and shall have an A.M. Best Company financial rating of A-:V or better. B. Insurance 1. Contractor shall obtain, at its sole cost and expense, all insurance required by this section 12.B. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the contract, and before Contractor performs any services under this Contract. 2. The insurance required by this article shall be maintained by Contractor in full force and effect at all times during prosecution of the Work and until the expiration of the warranty period following the final completion and acceptance thereof by City, and every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days' prior written notice to City. Every policy shall also be endorsed to state that the City shall be given written notice of nonrenewal at least thirty (30) days prior to the non renewal date. 3. At a minimum, Contractor shall maintain the following insurance coverage and limits. ATTY/AGR/201O.040 050610 5