HomeMy WebLinkAboutAddendum No.1KENNETH ROBERTSON
Chief Procurement Officer
ADDENDUM NO. 1
JOHNNY MARTINEZ, P.E
City Manager
IFB No. 291262 February 22, 2012
Invitation for Bid for L.E.D. Accent Luminaire Fixtures
TO: ALL RESPONDENTS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above
captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken
through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are
now in effect and remain unchanged. Please note the contents herein and reflect same on the documents
you have on hand.
Section 1.7, ATTORNEY'S FEES, has been modified as follows:
in connection with any litigation, mediation and arbitration arising out of this Contract, the each prevailing
party shall bear their own entit' d t 'er ite oocto and r easonable attorney's fees through and
including appellate litigation and any post judgment proceedings.
Section 1.43, INDEMNIFICATION, has been modified as follows:
Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and
employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorneys.
fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor
and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold
harmless and defend the City, its officials, officers, agents, directors and employees against, any civil
actions, statutory -or similar claims, injuries or damages arising or resulting from the permitted work, even if it
is alleged that the City, its officials and/or employees were negligent ' h `nju ies or loam"
officials and/or cmployccs.. These indemnifications shall survive the term of this Contract. in the event that
any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall,
upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City.
o The Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
Addendum No. 1 IFB291262
ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME.
Sincerely,
Kenneth Robertson
Director/Chief Procurement Officer
KR:yc
Cc: Bid File
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