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Reso 2017-2685
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Reso 2017-2685
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Last modified
8/8/2017 10:42:52 AM
Creation date
5/9/2017 2:58:03 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2685
Date (mm/dd/yyyy)
04/20/2017
Description
1st Amend to Agmt w/Fla. Eng. & Dev. Corp. for Prof. Const. Svcs. of 174th Street
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Hialeah Gardens, Florida 33018 <br /> Tel: (305) 820-8333 <br /> Fax: (305) 820-9341 <br /> Email: jose@floridaengineering.net <br /> ARTICLE 26. INDEMNIFICATION <br /> 26.1 Contractor shall indemnify, defend and hold harmless the City, its officers, agents, <br /> directors,and employees,from any and all claims,liabilities,damages,losses,and costs,including, <br /> but not limited to reasonable attorney's fees, and costs to the extent caused by the negligence, <br /> recklessness or intentional wrongful misconduct of Contractor and/or persons employed or utilized <br /> by Contractor in the performance of any Work under this Agreement. These indemnifications <br /> shall survive the term of this Agreement. In the event that any action or proceeding is brought <br /> against the City by reason of any such claim or demand,Contractor shall,upon written notice from <br /> the City, resist and defend such action or proceeding by counsel satisfactory to the City. <br /> 26.2 The indemnification provided above shall obligate Contractor to defend at its own <br /> expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for <br /> such defense, at City's option, any and all claims of liability and all suits and actions of every <br /> name and description covered by this Article, which may be brought against the City <br /> whether performed by Contractor, or persons employed or utilized by Contractor. <br /> 26.3 This indemnity will survive the cancellation or expiration of this Agreement. <br /> This indemnity will be interpreted under and construed to conform to the laws of the State of <br /> Florida. <br /> 26.4 Contractor shall require all Sub-Contractor agreements to include a provision that they <br /> shall indemnify the City. <br /> ARTICLE 27. INSURANCE REQUIREMENTS <br /> 27.1 Contractor shall not start Work under this Agreement until it has delivered to the City <br /> certificates of insurance clearly indicating that the Contractor is in compliance with the Insurance <br /> Requirements required by Section 2.10 of RFP No. 14-11-01 which is incorporated herein <br /> by reference. <br /> 27.2 Contractor shall maintain coverage with equal or better rating as required herein for the <br /> term of this Agreement. Contractor shall provide written notice to the City Manager or his designee <br /> of any material change, cancellation and/or notice of non-renewal of the insurance at least 30 <br /> (thirty) days prior to the anticipated change or event. Contractor shall furnish a copy of the <br /> insurance policy or policies upon request of the City Manager or his designee. <br /> 27.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to the <br /> City Manager or his designee within ten(10)days of written request. If the initial insurance expires <br /> prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty <br /> (30) days prior to the date of their expiration. <br /> 27.4 The City reserves the right to require modifications, increases,or changes in the Insurance <br /> Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor. <br /> 16 <br /> 7J <br />
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