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Reso 2009-1426
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Reso 2009-1426
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Last modified
7/1/2010 9:42:54 AM
Creation date
5/29/2009 10:09:04 AM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1426
Date (mm/dd/yyyy)
05/21/2009
Description
Amendment #1 to Agmt w/Tenex for 172nd St. Roadway Improvements Project
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<br />I <br /> <br />I <br />I <br /> <br />Article 9. MISCELLANEOUS. <br /> <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 /> <br />I <br /> <br />9.2. <br /> <br />I <br />I <br /> <br />9.3. <br /> <br />I <br /> <br />I <br />I <br /> <br />9.4. <br /> <br />I <br /> <br />No assignment by a party hereto of any rights under or interests in the Contract <br />Documents will be binding on another party thereto without the written consent of the <br />party sought to be bound; and, specifically but without limitation, moneys that may <br />become due and moneys that are due may not be assigned without such consent (except <br />to the extent that the effect of this restriction may be limited by law), and unless <br />specifically stated to the contrary in any written consent to an assignment no assignment <br />will release or discharge the assignor from any duty or responsibility under the Contract <br />Documents. <br /> <br />OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and <br />legal representatives to the other party hereto, its partners, successors, assigns and legal <br />representatives in respect to all covenants, agreements and obligations contained in the <br />Contract Documents. <br /> <br />Any provisions or part of the Contract Documents held to be void or unenforceable under <br />any Law or Regulation shall be deemed stricken, and all remaining provisions shall <br />continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the <br />Contract Documents shall be reformed to replace such stricken provisions or part thereof <br />with a valid and enforceable provision that comes as close as possible to expressing the <br />intention of the stricken provision. <br /> <br />9.5. OTHER PROVISIONS. <br /> <br />9.5.1. DRAWINGS <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />DESCRIPTION <br /> <br />SHEET NO. <br /> <br />Cover Sheet <br />Demolition Plan <br />Construction Notes <br />Paving, Grading and Drainage Plan <br />Drainage Details <br />Storm Water Pollution Prevention Plan <br />Paving Marking and Signage Plan <br />Photometric Plans <br />Power Plans <br />Pole Details <br />Service Point Calculations <br /> <br />C100 - C102 <br />C103-C105 <br />C200 - C202 <br />C203 <br />C400 - C403 <br />C600 - C602 <br />E100 - E102 <br />E103-E105 <br />E106 <br />E107 <br /> <br />9.5.2. In accordance with the indemnification provision contained in the General Conditions, the <br />CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH, and <br />their agents and employees, from or on account of any injuries or damages received or sustained <br />by any person or person during or on account of any operations connected with the construction of <br />all Work; or by or in consequence of any negligence in connection with the same; or by use of any <br />improper materials or by or on account of any act or omission of the said Contractor, subcontractor, <br />agents, servants, or employees; and <br /> <br />9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the <br />construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000 <br />for injuries, including willful death, to anyone person and subject to those same limits for each <br />person, in an amount not less that $1,000,000 for damages as a result of each occurrence and <br />property damage insurance and in an amount not less than $1,000,000 for damages on anyone <br /> <br />Final Version 9/07 00500-5 03-4197 <br /> <br />I <br />
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