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2015-025C
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Last modified
3/29/2017 3:25:42 PM
Creation date
4/26/2016 1:11:32 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
02/17/2015
Control Number
2015-025C
Agenda Item Number
8.F.
Entity Name
Timothy Rose Construction
Subject
Contract/Specifications Old Dixie Sidewalk Improvements
Part 3
Area
38th Lane to 45th St.
Project Number
0845B
Bid Number
2014032
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Insurance to do business in this state have been met. <br />(b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the <br />amount assumed by any co -surety, the value of any security deposited, pledged or held <br />subject to the consent of the surety and for the protection of the surety shall be deducted <br />GC 47 INSURANCE. <br />1 The Contractor shall maintain and pay for such insurance, issued in the name of the Owner <br />and naming the Owner as an Additional Insured, with such coverages as will protect the Owner from <br />contingent liability under the Contract, as set forth in the Special Conditions <br />2 Coverages. See Special Conditions. <br />3 The Certificate of Insurance and policy endorsements or riders shall name the County as <br />"ADDITIONAL INSURED" with respect to all Liability coverages Contractor shall provide <br />evidence of continued coverage in the event of renewal or policy termination Owner may <br />withhold payment to Contractor until evidence of insurance coverage is received <br />4. These insurance requirements shall not in any manner limit or qualify the liabilities and <br />obligations assumed by Contractor under the Contract. <br />5. The Contractor shall be entirely responsible for securing Certificates of Insurance coverage <br />as set forth above from all subcontractors who are engaged in the work. <br />GC 48 INDEMNITY. <br />Contractor agrees to protect, defend, reimburse, indemnify and hold the Owner, its agents, employees <br />and elected officers and each of them (collectively), free and harmless at ail times from and against any and <br />all claims, liability, expenses, losses, suits, costs, fines and damages, including attorney fees and costs, and <br />causes of action of every kind and character against the Owner by reason of any damage to property or the <br />environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party <br />acquiring any interest hereunder, and any third or other party whomsoever, or any governmental agency, <br />arising out of or incident to or in connection with Contractor 's performance under this Contract, Contractor's <br />acts, omissions or operations hereunder, the site conditions, or the performance, non-performance or <br />purported performances of the Contractor or any breach of the terms of this Contract; to the extent caused by <br />the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons or entities <br />employed or utilized by Contractor in its performance (§725 06 F.S ) <br />GC 49 DISPUTE RESOLUTION. <br />Final Completion. Notwithstanding any other provision, the parties agree that any unresolved dispute <br />regarding the punch list or any other requirement for Final Completion shall be mediated with the Engineer as <br />the mediator. <br />Waiver of Arbitration. The Owner and Contractor agree expressly waive any and all provisions <br />regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation <br />contained elsewhere in any Contract Documents. <br />GC 50 OWNER'S RIGHT TO TERMINATE CONTRACT FOR CAUSE. <br />If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the <br />benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should <br />persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to <br />maintain an established schedule (30 days behind a critical path activity), to supply enough properly skilled <br />workmen or proper materials; or if he should fail to make prompt payments to subcontractors or for material or <br />labor or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise fails to <br />conform to the Contract requirements or abandons or refuses to perform any work, Owner may without <br />prejudice to any other right or remedy, and after giving the Contractor and its Surety seven (7) calendar days <br />43 <br />
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