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07/14/2015
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07/14/2015
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9/8/2015 11:36:59 AM
Creation date
9/8/2015 11:36:35 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/14/2015
Meeting Body
Board of County Commissioners
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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 $5 million per occurrence. <br /> 00530-6 ATTACHMENT NO.1 109 <br />
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