Indemnity_Agreement_Form_05.2025.pdf
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- Solicitation number
- 2024-RFP-0493
- Issued by
- Los Angeles County, California
About this file
This is a Proposal Indemnity Agreement Form for the City of Pasadena, California, related to Request for Proposal 2024-RFP-0493 for Construction Manager at Risk (CMAR) with Guaranteed Maximum Price for Construction of Transit Operations Maintenance Facility. The agreement establishes an indemnification arrangement whereby proposers agree to indemnify and hold harmless the City of Pasadena from any claims, losses, damages, liabilities, or expenses arising from their response to the RFP. The City of Pasadena, located at 100 North Garfield Avenue, Pasadena, CA 91101, serves as the indemnitee. The agreement requires proposers to complete blank fields identifying themselves as indemnitors and specifying the particular claims or damages subject to indemnification. Proposers must execute the agreement as part of their proposal submission process for this two-phase CMAR delivery project involving preconstruction and design-assist services in Phase 1, with an optional Phase 2 for construction services.
The indemnity agreement contains standard protective provisions for the City, excluding claims arising from the City's gross negligence or willful misconduct. The indemnitee must provide prompt written notice to the indemnitor of any claims for which indemnification is sought. The agreement is governed by California state law and constitutes the entire understanding between the parties, with any amendments requiring written signatures from both parties. The form is effective May 2025 and serves as a standard requirement for all proposers submitting qualification statements, technical proposals, and price proposals for this CMAR project, which will be evaluated on a best value basis considering qualifications, team composition, technical approach, financial strength, safety record, local business status, and price proposal.
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Text version
PROPOSAL INDEMNITY AGREEMENT
This Indemnity Agreement ("Agreement") is made and entered into as of ____________, by and between:
Proposer/Indemnitor: Indemnitee:
Name: _______________________________ Name: __City of Pasadena___________________ Address: _____________________________ Address: _100 North Garfield Avenue__________ City, State, Zip Code: ___________________ City, State, Zip Code: _Pasadena, CA 91101_____
1. Purpose
The purpose of this Agreement is to indemnify and hold harmless the Indemnitee (“The City of Pasadena”) from any claims, losses, damages, liabilities, or expenses arising out of or related to the response to the
Request for Proposal (______________).
2. Indemnification
The Indemnitor agrees to indemnify and hold harmless the City of Pasadena against all claims, damages, losses, or expenses (including reasonable attorneys' fees) that arise out of or are connected to
3. Limitations
This indemnity does not apply to claims arising from the gross negligence or willful misconduct of the
Indemnitee.
4. Notice of Claims
The Indemnitee shall promptly notify the Indemnitor in writing of any claim or demand for which indemnification is sought under this Agreement.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
6. Miscellaneous
A. This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings.
B. Any amendments to this Agreement must be in writing and signed by both parties.
C. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Indemnity Agreement as of the date first above written.
Proposer/Indemnitor: [Name] Indemnitee:
[Signature] [Signature]
[Address, City, State, Zip Code:] 100N. Garfield Ave., Pasadena, CA 91101
| This Indemnity Agreement "Agreement") is made and entered into as of: |
| Name: |
| Address: |
| City, State, Zip Code: |
| Request for Proposal: 2024-RFP-0493 |
| Text9: Construction Manager at Risk (CMAR) with Guaranteed Maximum Price for Construction of Transit |
| Text10: Operations Maintenance Facility (2024-RFP-0493) |
| Text11: |
| Text13: Construction Manager at Risk (CMAR) with Guaranteed Maximum Price for |
| Text14: Construction of Transit Operations Maintenance Facility (2024-RFP-0493) |
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