|
Docusign Envelope ID: 41 F63DOF-3BC8-4149-8618-1 BBEEF49D6F7
<br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
<br />form of indebtedness. The Contractor further warrants and represents that it has no obligation or
<br />indebtedness that would impair its ability to fulfill the terms of this Agreement.
<br />6. LIQUIDATED DAMAGES. Failure to complete all the work within the time specified in
<br />Section 4, entitled Term, including any extension granted in writing by the City, shall obligate the
<br />Contractor to pay the City, as liquidated damages and not as a penalty, a minimum amount equal
<br />to One Thousand Dollars and No Cents ($1000.00) for each calendar day of delay in the
<br />completion of all the work. The liquidated damages will be defined per project. If any liquidated
<br />damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated
<br />damages from the monies due the Contractor. Notwithstanding anything in this paragraph or in the
<br />Agreement or other Contract Documents, any liquidated damages, performance penalties or fines
<br />in this Agreement shall not be assessed against Contractor in excess of 5% of the modernization
<br />contract price.
<br />7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
<br />independent Contractor and shall be treated as such for all purposes. Nothing contained in this
<br />Agreement or any action of the parties shall be construed to constitute or to render the Contractor
<br />an employee, partner, agent, shareholder, officer or in any other capacity other than as an
<br />independent Contractor other than those obligations which have been or shall have been
<br />undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
<br />performing its duties as contemplated under this Agreement. The City shall not be responsible for
<br />any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
<br />income taxes or pay Social Security services and that such obligations shall be that of the
<br />Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
<br />transportation, office and other supplies as it determines necessary in carrying out its duties under
<br />this Agreement.
<br />8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
<br />work being performed under this Agreement, procure and maintain the following minimum
<br />insurance coverage to protect the City and Contractor against all loss, claims, damage, and
<br />liabilities caused by Contractor, its agents or employees, as indicated below:
<br />A. Comprehensive General liability insurance, including broad form contractual
<br />liability coverage for all operations, including, but not limited to, contractual,
<br />products, and completed operations, personal injury and property damage liability
<br />with minimum limits of Two Million Dollars ($2,000,000) per occurrence.
<br />B. Worker's Compensation and employer's liability coverage, as required pursuant to
<br />Florida law.
<br />C. Business Automobile Liability which shall include coverage for all owned, non -
<br />owned and hired vehicles for minimum limits of not less than One Million Dollars
<br />($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for
<br />bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for
<br />property damage.
<br />D. Umbrella/Excess Liability Policy at a minimum of $2,000,000.
<br />SCH NDLER ELEVATOR CORPORATION
<br />
|