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Reso 2013-2040
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Reso 2013-2040
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Last modified
5/22/2013 11:11:10 AM
Creation date
4/11/2013 10:43:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2040
Date (mm/dd/yyyy)
04/09/2013
Description
Approve 3rd Amend/Design-Build Agmt w/ 4M Investors, LLC.
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10.4.4 CONTRACTOR shall maintain the Products/Completed Operations Liability <br />Insurance for a period of at least three (3) years after final payment for the Work and furnish CITY <br />with evidence of continuation of such insurance at final payment. <br />10.45 The required insurance coverage shall be issued by an insurance company <br />authorized and licensed to do business in the State of Florida, with the following minimum rating of <br />B+ to A +, in accordance with the latest edition of A.M. Best's Insurance Guide. <br />10.4.6 All required insurance policies shall preclude any underwriters rights of recovery or <br />subrogation against CITY with the express intention of the parties being that the required insurance <br />coverage protect both parties as the primary coverage for any and all losses covered by the above <br />described insurance. <br />10.4.7 The CONTRACTOR shall ensure that any company issuing insurance to cover the <br />requirements contained in this Contract agrees that they shall have no recourse against CITY for <br />payment or assessments in any form on any policy of insurance. <br />10.4.8 The clauses "Other Insurance Provisions" and "Insurers Duties in the Event of an <br />Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is named as an <br />additional named insured shall not apply to CITY. CITY shall provide written notice of occurrence <br />within fifteen (15) wonting days of CITY 's actual notice of such an event. <br />10.4.9 The CONTRACTOR shall not commence performance of its obligations under this <br />Agreement until after it has obtained all of the minimum insurance herein described and the same <br />has been approved. <br />10.4.10 All required insurance policies shall preclude any underwriter's rights of recovery <br />or subrogation against CITY with the express intention of the parties being that the required <br />insurance coverages protect both parties as the primary coverages for any and all losses covered by <br />the above described insurance. <br />10.4.11 The CONTRACTOR agrees to perform the work under the Contract as an <br />independent CONTRACTOR, and not as a sub - contractor, agent or employee of CITY. <br />10.4.12 CONTRACTOR shall require each of its subcontractors of any tier to maintain the <br />insurance required herein for each category, and CONTRACTOR shall provide verification thereof <br />to CITY upon request of CITY. Notwithstanding the foregoing, the CONTRACTOR may provide <br />insurance for subcontractors. <br />10.4.13 Violation of the terms of this Article and its subparts shall constitute a breach of <br />the Contract and CITY, at its sole discretion, may cancel the Contract and all rights, title and <br />interest of the CONTRACTOR shall thereupon cease and terminate. Notwithstanding the <br />foregoing, the CONTRACTOR shall be given thirty (30) days to titre any breach. <br />22 <br />SIB <br />
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