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Reso 2017-2713
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Reso 2017-2713
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Last modified
1/31/2019 3:58:43 PM
Creation date
7/21/2017 4:45:10 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2713
Date (mm/dd/yyyy)
07/20/2017
Description
Approv District Funding Agmt w/FDOT for Collins Ave Street Lighting Project
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4. ADDITIONAL OBLIGATIONS OF THE CITY <br />a. The CITY shall be responsible for assuring that the PROJECT complies with all <br />applicable Federal, State and local laws, rules, regulations, guidelines and <br />standards. <br />b. The DEPARTMENT shall approve the CITY final Project Design Plans (PDP). In <br />the event of any major modifications to the DEPARTMENT approved PDP, the <br />CITY shall submit such proposed modified plans to the DEPARTMENT for review <br />and approval. In the event that any major modifications are required during <br />construction, the CITY shall immediately notify the DEPARTMENT prior to <br />implementing the same, and the parties shall cooperate to review the matter in a <br />timely manner so that the timely DEPARTMENT'S roadway construction schedule <br />is not affected. A "major modification" is any modification that materially alters <br />the kind or nature of the work depicted in the approved PDP, or that alters the <br />integrity or maintainability of the improvements or related components. The <br />DEPARTMENT shall have a period of fourteen (14) business days from the date <br />that the CITY submits proposed the modified plans for review and comment. The <br />DEPARTMENT shall not unreasonably withhold, condition, or delay its approval <br />to a proposed major modifications to the PDP. If approved by the DEPARTMENT, <br />any and all such approved major modifications shall be deemed to be incorporated <br />into, and shall become part of, the DEPARTMENT approved PDP. <br />c. The CITY shall require its construction contractors to maintain, at all times during <br />the PROJECT construction, Commercial General Liability insurance providing <br />continuous coverage for all work or operations performed under the construction <br />contract(s). Such insurance shall be no more restrictive than that provided by the <br />latest occurrence form edition of the standard Commercial General Liability <br />Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The <br />limits of coverage shall not be less than $1,000,000 for each occurrence and not <br />less than a $5,000,000 annual general aggregate, inclusive of amounts provided by <br />an umbrella or excess policy, or such other minimum insurance coverage that may <br />be required by the DEPARTMENT's Standards and Specifications for Road and <br />Bridge Construction, as amended from time to time. The CITY shall further cause <br />its contractors to name the DEPARTMENT as additional insured party on the afore- <br />stated policies, and to provide evidence of Workers' Compensation Insurance in <br />accordance with the laws of the State of Florida, and in amounts sufficient to secure <br />the benefit of the Florida Workers' Compensation law for all employees, and <br />provide the DEPARTMENT with the required Certificate of Insurance prior to <br />commending work. <br />d. To the extent provided by Florida law, and without waiving any limitations on <br />the City's liability under Florida law (including without limitation, Section 768.28 <br />F.S.), the CITY shall indemnify, defend and hold harmless the DEPARTMENT <br />against any actions, claims, or damages arising out of, relating to, or resulting from <br />negligent or wrongful act(s) of any of its officers, agents or employees, acting <br />within the scope of their office or employment, in connection with the rights <br />Page 7 of 23 <br />Department Funded Agreement between the Florida Department of Transportation and the City <br />Financial Project Number # 430949-3-58-01 <br />
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