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HomeMy WebLinkAboutAddendum No. 2KENNETH J. ROBERTSON JOHNNY MARTINEZ, P.E. Chief Procurement Officer City Manager ADDENDUM NO. 2 !FB No. 290252 February 23, 2012 invitation for Bid for Automotive Oils, Lubricants and Greases (Cooperative Bid) TO: ALL BIDDERS: The following changes, additions, clarifications, and deletions amend the IFS documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures strickenthrough shall be deleted, Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. Changes are as follows: Section 1.7, ATTORNEY'S FEES, has been modified as follows: in connection with any Litigation, mediation and arbitration arising out of this Contract, tho each prevailing party shall bear their own be cntitl ' + it t ea noble attomey's fees through and including appellate litigation and any post judgment proceedings. Section 1.43, INDEMNIFICATION, has been modified as follows: Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negiigence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent, unle-s g}iigcntoor wi}ifu4-aGts-ems omissions on tho pa ., These indemnifications shall survive the term of this Contract in the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and iostrumentalities.a. heraimpcovide IFB No. 290252 February 23,2022 Invitation for Bid for Automotive Oils, Lubricants and Greases.(Cooperative.Bid) ALL OTHER TERMS AND CONDITIONS OF THE IFS REMAIN THE SAME. Sincerely, Kenneth J. Robertson Director/Chief Procurement Officer KR:tb C: Bid File Please acknowledge receipt and acceptance of this addendum by signing below and returning via email to Mr. Terry Byrnes at tbvmes(a,miamiflov.com 1 Signature: Print Name: SL Date: + L' KENNETH J. ROBERTSON JOHNNY MARTINEZ, P.E. Chief Procurement Officer City Manager ADDENDUM NO. 2 IFB No. 290252 February 23, 2012 Invitation for Bid for Automotive Oils, Lubricants and Greases (Cooperative Bid) TO: ALL BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. Changes are as follows: Section 1.7, ATTORNEYS FEES, has been modified as follows: In connection with any litigation, mediation and arbitration arising cut of this Contract, -the each prevailing party shall bear their own be entitled to recover its wets and r osonobic attorney's fees through and inciuding appellate litigation and any post -judgment proceedings. Section 1.43, INDEMNIFICATION, has been modified as follows: Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent, unless -such injuries or damages are ultimately proven to be the result of grossly-negtigenrerwillful acts or- emissien-S-on the part of the -City, its officials and/or employees.. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, ._...agents_and..in stru r nental ities._a e...her_eio..provided. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. Sincerely, Kenneth J. Robertson Director/Chief Procurement Officer KR:tb C: Bid File Please acknowledge receipt and acceptance of this addendum by signing below and returning via email to Mr. Terry Byrnes at tbvrnesla,rniamigov.com Signe u Print Date: -;2- KENNETH J. ROBERTSON JOHNNY M.4RTINEZ, P.E. Oriel Procurement Officer City Manager ADDENDUM NO. 2 IFB No. 290252 February 23, 2012 invitation for Bid for Automotive Oils, Lubricants and Greases (Cooperative Bid) TO: ALL BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB, and shall become an Integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now In effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. Changes are as follows: Section 1.7, ATTORNEY'S FEES, has been modified as follows: In connection with any litigation, mediation and arbitration arising out of this Contract -the each prevaillag party shall pear their own be-entitied-t nd reasonable attomey's fees through and including appellate litigation and any post judgment proceedings. Section 1.43, INDEMNIFICATION, has been modified as follows: Contractor shall indemnify , hold harmless and defend the City, Its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attomey's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor In the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were ieegligent unlos5F eF-errtpleyrees-. These indemnifications shall survive the term of this Contract in the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any Insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents nd_Instmmentaiitias-s harem provided. IFB No, 290252 February 23,'2012 Invitation for Bid for Automotive 011s, Lubricants and Greases (Cooperative Bid) ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. Sincerely, Ke.nneth J. Robertson Director/Chief Procurement Ofcer KR:tb C: Bid File Please acknowledge receipt and acceptance of this addendum by.signing below Lnd returning via email to Mr. Terry Byrnes at tbyrnes(amiamicov.com Signature: 4 Print Name: 4.-'‘31/1 Dote: