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2015-145
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Last modified
3/30/2017 2:34:08 PM
Creation date
8/10/2015 2:41:54 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/14/2015
Control Number
2015-145
Agenda Item Number
8.N.
Entity Name
Mack Concrete Industries
Subject
Wastewater Treatment Plant
Area
Blue Cypress
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8.12 Drawings, inclusive with each sheet bearing the following general title "Blue Cypress New <br />Replacement Package WWTF". <br />8.13 Addenda numbers 1 to 1 , inclusive. <br />8.14 CONTRACTOR'S Bid (Section 00300). <br />8.15 Specifications bearing the title "Department of Utility Services Water, Wastewater & <br />Reclaimed Water Utility Construction Standards, March 2014, Revised January 2015" or <br />the latest version thereof. <br />8.16 The following, which may be delivered or issued after the effective date of the Agreement <br />and are not attached hereto: All written amendments and other documents amending, <br />modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the <br />General Conditions. <br />There are no Contract Documents other than those listed above in this Article 8. The Contract <br />Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of <br />the General Conditions. <br />ARTICLE 9 MISCELLANEOUS <br />9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will <br />have the meanings indicated in the General Conditions. <br />9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise <br />dispose of the contract or its right, title, or interest in or to the same or any part thereof, or <br />allow legal action to be brought in its name for the benefit of others, without previous <br />consent of the OWNER and concurred to by the sureties. Any attempted assignment shall <br />be void and may, at the option of the OWNER be deemed an event of default hereunder. <br />Nothing herein shall be construed as creating any personal liability on the part of any <br />officer or agent of the OWNER who may be a party hereto. <br />9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal <br />representatives to the other party hereto, its partners, successors, assigns and legal <br />representatives in respect of all covenants, agreements and obligations contained in the <br />Contract Documents. <br />9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are <br />involved in the completion of this Agreement and the work thereunder. <br />9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any <br />lawsuit brought by either party against the other party or otherwise arising out of this <br />agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, <br />in the United States District Court for the Southern District of Florida. <br />9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its <br />agents, engineers, employees, elected officers and representatives, from liabilities, <br />damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the <br />extent caused by the negligence, recklessness or intentional wrongful misconduct of the <br />CONTRACTOR and persons employed or utilized by the CONTRACTOR in the <br />performance of the work under this Agreement. This indemnification and hold harmless <br />provision shall survive the termination or expiration of this Agreement. The indemnification <br />is limited to $3 million per occurrence. <br />00530-6 ATTACHMENT NO.1 <br />
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