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2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting
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2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting
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City Meetings
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City Council
Meeting Doc Type
Minutes
Date
11/8/2004
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<br />" <br /> <br />(collectively, "Indemnities" from and against all claims, damages, losses and expenses of <br />any nature, including, but not limited to, reasonably necessary attorney fees and any other <br />expenses oflitigation, arising out of or resulting from performance ofthe Work, but only to <br />the extent caused by the negligent acts or omissions of the contractor, a Subcontractor, or <br />anyone directly or indirectly employed by them or anyone for whose acts they may be liable, <br />regardless of whether or not such claim, damage, loss or expense is caused in part by <br />negligence of a party indemnified hereunder. The defense obligation hereunder shall be by <br />reimbursement of counsel chosen by the indemnities. If any portion of this indemnity <br />provision is found unenforceable for any reason, then the unenforceable portion shall be <br />stricken and all remaining portions shall be enforced. The obligations ofthis provision shall <br />not be construed to negate, abridge, reduce any other rights or obligations of indemnity <br />which would otherwise exist as to an Indemnitee. <br /> <br />Add Subparagraphs 3.19 and 3.20 asfollows: <br /> <br />3.19 PREVAILING WAGE RATES <br /> <br />3.19.1 No employee used in this construction may be paid less than the minimum wage rate <br />provided in Document 00811, Prevailing Wage Requirements. <br /> <br />3.20 ANTITRUST VIOLATIONS <br /> <br />3.20.1 To permit the Owner to recover damages suffered in antitrust violations, the <br />Contractor shall assign to Owner any and all claims for overcharges associated with this <br />Contract which arise under the antitrust laws ofthe United States, 15 U.S.C.A., Section 1 <br />et.seq. (1973). The Contractor shall include this provision in its agreements with each <br />Subcontractor and Supplier. Each Subcontractor shall include such provisions in <br />agreements with Sub-subcontractors and Suppliers. <br /> <br />ARTICLE 4 - ADMINISTRATION OF THE CONTRACT <br /> <br />4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT <br /> <br />Add Clause 4.2.2.1 to Subparagraph 4.2.1: <br /> <br />.1 The Contractor shall reimburse the Owner for compensation paid to the Architect for <br />additional site visits made necessary by the fault, neglect or request ofthe Contractor. <br /> <br />4.3 CLAIMS AND DISPUTES <br /> <br />.1 If a Claim is made under or subject to a statute requiring notice periods longer than <br />those specified in this Subparagraph, such notice periods may, at the Owner's sole <br />opinion, be extended as provided in the statute, but only for the portion ofthe Claim <br />made under the statute, and in no event shall the notice period hereunder exceed 61 <br /> <br />9 <br />
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