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Neptune General Contractors 1/25/2022
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Neptune General Contractors 1/25/2022
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Last modified
2/11/2022 10:19:54 AM
Creation date
2/11/2022 10:12:21 AM
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Contracts
Contractor's Name
Neptune General Contractors
Approval Date
1/25/2022
Council Approval Date
12/15/2021
End Date
5/31/2022
Department
Parks
Department Project Manager
Dean Shaughnessy
Subject / Project Title
Rotary Park Renovation
Public Works WO Number
PW2021-072
Tracking Number
0003186
Total Compensation
$419,650.00
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
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I <br /> the Notice to Proceed(or the date of the Notice to Proceed,if no start date is specified in the Notice to <br /> Proceed),and will not be suspended or not charged if insurance requirements are not fulfilled. Purchase <br /> of appropriate insurance and providing satisfactory evidence of required insurance is wholly the <br /> obligation of the Contractor,and any Delay that is not the fault of the Owner shall be attributed to the <br /> Contractor. <br /> 15.3.11 Failure to Procure and Maintain Insurance <br /> Failure on the part of the Contractor to obtain,maintain and deliver the policy or policies(in whole or in <br /> part)and receipt or receipts as required shall constitute a material breach of Contract. After giving five <br /> (5) working days notice to the Contractor to correct the breach,the Owner may,in its sole discretion and <br /> option: (a)immediately terminate the Contract; (b)procure or renew such insurance and pay any and all <br /> premiums in connection therewith,with any sums so expended to be repaid to the Owner on demand,or, <br /> at the sole discretion of the Owner,offset against funds due the Contractor from the Owner;(c)withhold <br /> progress payments(in whole or in part);and(d)avail itself of any other remedy at law, in equity,or <br /> allowed by Contract. These remedies are cumulative and not exclusive. The Contractor hereby appoints <br /> the Owner its true and lawful attorney,to do the things necessary for the purpose of procuring or <br /> renewing insurance as provided herein. Failure of the Owner to obtain such insurance shall in no way <br /> relieve the Contractor of its responsibilities under this Contract. <br /> 15.3.12 Cancellation <br /> The Owner shall be given at least forty-five(45)days prior written Notice of any cancellation,non- <br /> renewal,or other material change in any insurance policy. Owner acknowledges that the Contractor's <br /> Worker's Compensation/Employer's Liability insurance cannot be endorsed or amended to provide the <br /> Owner with prior Notice of material changes. <br /> 15.3.13 Evidence of Insurance <br /> The Contractor shall deliver the executed Contract for the Work to the Owner together with a <br /> Certificate(s)of Insurance and endorsements for each policy of insurance meeting the requirements set <br /> forth above. The certificate must conform to the following requirements: <br /> 1. An ACORD certificate Form 25-S,or equivalent,showing the insuring <br /> company,policy effective dates, limits of liability and the schedule of Forms <br /> and Endorsements. <br /> 2. A copy of either: (a)the endorsement naming Owner and any other entities <br /> required by the Special Provisions as Additional Insured(s),and stating that <br /> coverage is primary and non-contributory, showing the policy number,and <br /> signed by an authorized representative of the insurance company on Form <br /> CG2010(ISO)or equivalent;or(b)the blanket additional insured policy <br /> provision. <br /> 3. A copy of an endorsement stating that the coverage provided by this policy to <br /> the Owner or any other named insured shall not be canceled,not renewed or <br /> materially changed without providing at least forty-five(45)days prior written <br /> Notice to the Owner. <br /> 4. The certificate(s)shall not contain the following or similar wording regarding <br /> cancellation notification to the Owner. "Failure to mail such Notice shall <br /> impose no obligation or liability of any kind upon the company." <br /> 5. The certificate(s) shall not contain the phrase"endeavor to",or any <br /> substantially similar phrase,regarding issuance of written Notice of <br /> cancellation of the policies prior to their expiration dates. <br /> Within ten(10)days upon Owner's written request,the Contractor shall deliver to the Owner certified <br /> copies of all policies of insurance and the receipts for payment of premiums thereon. The Owner <br /> General Conditions—007200-53 <br /> I <br />
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