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Res 2017-069/approving an agreement with TMT Solutions, Inc. in connection with the Surface Water Treatment Plant and the Wastewater Treatment Plant Supervisory Control and Data Acquisition Systems for the Public Services Department in the total amount of
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Res 2017-069/approving an agreement with TMT Solutions, Inc. in connection with the Surface Water Treatment Plant and the Wastewater Treatment Plant Supervisory Control and Data Acquisition Systems for the Public Services Department in the total amount of
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Resolutions
City Clerk - Type
Approving
Number
2017-69
Date
4/18/2017
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a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, <br />providing coverage for, but not limited to, bodily injury and property damage, premises/operations, <br />products/completed operations, independent consultants as applicable (2) Business Motor Vehicle <br />liability insurance (standard ISO version) in an amount not less than $1,000,000 per occurrence <br />(3) professional liability coverage to cover lawful claims arising in connection with the Project in <br />the combined single limit amount of at least $1,000,000.00 as applicable. Should the Contractor <br />not own any automobiles, the business auto liability requirement will be amended to allow the <br />Contractor to agree to maintain only Hired and Non -Owned Auto Liability. This amended <br />coverage requirement may be satisfied by way of endorsement to the Commercial General <br />Liability or separate Business Auto Policy. <br />The stated limits of insurance required by this Paragraph are minimum only—they do not <br />limit the Contractor's indemnity obligation, and it will be the Contractor's responsibility to <br />determine what limits are adequate. These limits may be basic policy limits or any combination <br />of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do not <br />comply with these requirements in any respect does not release the Contractor from compliance <br />with these requirements. <br />ARTICLE 9 <br />WARRANTIES <br />9.1 GENERAL WARRANTIES. <br />The Contractor represents and warrants that: <br />9.1.1 All information provided in its proposal is true and correct. <br />9.1.2 All computer software and related services, as applicable, provided by the Contractor to <br />the City under this Agreement are merchantable and ft for their intended purposes. The <br />Contractor acknowledges that the intended purposes for the services/software /hardware as stated <br />and described in the City's RFP, TMT's Proposal and the Scope of Services for this Agreement. <br />9.1.3 All services performed by or for it under this Agreement will be performed on a timely <br />basis and in a good, professional, and competent manner by persons having specialized skill and <br />knowledge as to the services being performed. <br />9.1.4 The City will have quiet enjoyment of all computer software that may have been provided <br />by the Contractor under this Agreement, and that no change in the organization, structure or <br />ownership of the Contractor will in any way interfere or diminish the City's use, possession and <br />enjoyment of the software. <br />9.1.5 Any training provided by the Contractor as part of its Services under this Agreement will <br />be sufficient to enable the City's staff to use fully the required computer software for the City's <br />intended purposes. <br />9.1.6 The Contractor will warranty the work performed at the SWTP and the WWTP for six <br />13 <br />
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