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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(3 05) 947 -0606 phone (3 05) 949-3 11 3 Fax <br />other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other <br />expenses or costs unless any such expense or cost is incurred by Contractor with the prior written <br />approval of the City. If the City disputes any charges on the invoices, it may make payment of the <br />uncontested amounts and withhold payment on the contested amounts until they are resolved by <br />agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of <br />payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. <br />The Contractor further warrants and represents that it has no obligation or indebtedness that would <br />impair its ability to fulfill the terms of this Agreement. <br />5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event <br />that a) the vehicular gate along Collins Avenue and all related components are not installed by <br />October 29, 2014; and /or b) the pedestrian gate along Bayview Drive and all its related components <br />are not installed by November 19, 2014, and in the absence of any extended deadline granted by <br />City, then the Contractor shall be required to pay a liquidated damage penalty of Four Hundred <br />Dollars ($400.00) for each calendar day beyond these individual deadline periods, continuing to <br />the time at which the Services are complete. Such amount is the actual cash value agreed upon as <br />the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to <br />withhold 50% of the total Compensation to be paid to Contractor until final completion and <br />acceptance of the Services. <br />6. PERFORMANCE BOND <br />6.1 With the execution and delivery of this Agreement, the Contractor shall furnish the <br />following Performance bond in forni contained herein: <br />a. Performance Bond guaranteeing full and faithful execution of the Services <br />in an amount equal to 100 percent of the Compensation as set forth in Section 4 above, and <br />including guaranteed repair and maintenance of all defects due to faulty materials and <br />workmanship that appear within one year after final completion of Services. <br />6.2 The Performance Bond shall be executed by Surety authorized to do business in the <br />State of Florida and listed on the latest U.S. Treasury Department list of companies holding <br />certificates of authority as acceptable sureties on Federal Bonds. <br />6.3 The Performance Bond shall be executed by an Attorney -in -Fact on behalf of the <br />Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the <br />monetary limit of such power. <br />6.4 Qualifications: A Performance Bond must be executed by a Surety Company of <br />recognized standing, authorized to do business in the State of Florida and having been in business <br />with a record of successful continuous operation for at least (5) years. In addition to the above <br />minimum qualifications, the Surety Company must meet the following additional qualifications. <br />1. The City will accept a surety bond from a company with a rating of B ++ or better <br />for bonds up to $1 million, provided, however, that if any Surety Company appears on the watch <br />list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, <br />3 <br />