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residents, professionals, contractors and the public at large through plans processing, inspections <br /> and building maintenance,which ensures the protection of the citizens and enhances the quality of <br /> life within the CITY. For the purposes of this Project the Building Department is not a surrogate of <br /> the CITY. All decisions by the Building Department as to whether some aspect of the Project is or is <br /> not in compliance with the Florida Building Code, Florida Fire Prevention Code and/or any other <br /> applicable codes,regulations,laws and ordinances are independent of and not deemed to be an act or <br /> decision by the CITY. The CONTRACTOR agrees that it shall be the responsibility of the <br /> CONTRACTOR to ensure compliance with all applicable codes,regulations,law and ordinances. As <br /> noted in Article 3 of this Agreement the CONTRACTOR warrants and accepts that any and all work <br /> necessitated by inspections which is not prescribed in the Plans or Specifications,but necessitated to <br /> bring the project into conformity with the Contract Documents and all applicable laws, codes, <br /> regulations, procedures and/or considered inside the contemplation of the Contract Documents shall <br /> be deemed the responsibility of the CONTRACTOR and included in the Guaranteed Maximum Price. <br /> ARTICLE 10-BONDS AND INSURANCE <br /> 10.1 Payment and Performance Bonds. <br /> 10.1.1 Within fifteen (15) calendar days after Notice of Award and in any event prior to <br /> commencing work,the CONTRACTOR shall execute and furnish to CITY a performance bond and <br /> a payment bond in a form acceptable to the CITY,each written by a corporate surety,having a resident <br /> agent in the State of Florida and having been in business with a record of successful continuous <br /> operation for at least five(5)years. The surety shall hold a current certificate of authority from the <br /> Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance <br /> with United States Department of Treasury Circular No. 570. If the amount of the Bond exceeds the <br /> underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety <br /> company shall not exceed the underwriting limitation in the circular and the excess risks must be <br /> protected by coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, <br /> revised September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company <br /> shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in <br /> an acceptable manner. The surety company shall have at least the following minimum qualification <br /> in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best <br /> Company, Inc.,Ambest Road,Oldwick,New Jersey 08858: A to A+. <br /> 10.1.2 Two (2) separate bonds are required and both must be approved by the CITY. The <br /> penal sum stated in each bond shall be the amount equal to the total amount payable under the terms <br /> of the contract. The performance bond shall be conditioned that the CONI'ItACTOR perform the <br /> contract in the time and manner prescribed in the contract. The payment bond shall be conditioned <br /> that the CONTRACTOR promptly make payments to all persons who supply the CONTRACTOR <br /> with labor, materials and supplies used directly or indirectly by the CONTRACTOR in the <br /> prosecution of the work provided for in the Contract and shall provide that the surety shall pay the <br /> same in the amount not exceeding the sum provided in such bonds, together with interest at the <br /> maximum rate allowed by law;and that they shall indemnify and save harmless the CITY to the extent <br /> of any and all payments in connection with the carrying out of said Contract which the CITY may be <br /> required to make under the law. <br />