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performance of comparable work and in accordance with generally accepted practices
<br />appropriate to the activities undertaken.
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<br /> Developer shall provide construction management services for the Work
<br />through its engineer or another entity acceptable to City and work with the person
<br />designated by the City to monitor the progress of the Work.
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<br /> 3. Security. Developer shall cause all its contractors, prior to the
<br />commencement of any construction on the Project Site, to furnish and file with the City
<br />Clerk, a bond or instrument of credit of the kind described in Section 66499, et seq. of
<br />the California Government Code, securing the faithful performance of all work and the
<br />construction of the improvements mentioned in this Agreement within the time herein
<br />specified. The amount of said security shall be Four Hundred Thirteen Thousand
<br />Dollars ($413,000.00). Developer shall likewise cause all its contractors, prior to the
<br />commencement of any construction on the Project Site, to furnish and file with the City
<br />Clerk and Agency Secretary a bond, deposit, or instrument of credit of the kind
<br />described in Sections 66499 et seq. of the California Government Code, securing the
<br />payment by Developer of all bills for labor and materials incurred in the Work and the
<br />doing of all other work herein agreed to be done by Developer. The amount of said
<br />security shall be Four Hundred Thirteen Thousand Dollars ($413,000.00). The
<br />aforementioned security shall include, in addition to the principal amounts, a guarantee
<br />of the payment of costs and reasonable expenses and fees, including reasonable
<br />attorneys' fees, incurred by City or Agency in the event of successful enforcement of
<br />such security. All bonds shall be issued by a corporate surety admitted in the State of
<br />California and shall name the City and the Agency as additional insureds.
<br />
<br /> 4. Indemnity. Developer shall defend, protect, indemnify and hold harmless
<br />the City, the Agency, and their boards, commissions, officers, agents and employees
<br />from and against any and all liability, losses, damages, claims, causes of action, suits,
<br />actions, expense, cost (including, without limitation, costs and fees of litigation) of every
<br />nature, kind or description, which may be brought against, or suffered or sustained by,
<br />City or Agency, their boards, commissions, officers, agents or employees, arising out of
<br />the performance of the work described herein, to the extent caused in whole or in part
<br />by any negligent act or omission of Developer, its officers, agents and employees, or.
<br />anyone directly or indirectly employed by any of them or anyone for whose acts any of
<br /> them may be liable, except where caused by the active negligence, sole negligence or
<br /> willful misconduct of City or Agency. Developer shall also protect, indemnify and hold
<br /> harmless the above-named parties for any liability from and against claims and liability
<br /> based upon the use of any patent or patented article by Developer in the performance
<br /> of the Work. Developer's duty to defend and hold harmless shall include the
<br /> responsibility to provide legal representation, the selection of whom shall be subject to
<br /> City's and Agency's approval.
<br />
<br /> The duty of Developer to indemnify and save harmless, as set forth herein, shall
<br /> include the duty to defend as set forth in Section 2778 of the California Civil Code;
<br /> provided, however, that nothing herein contained shall be construed to require
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