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<br />E. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
<br />permits, overhead or any other expenses or costs unless any such expense or cost is
<br />incurred by Contractor with the prior written approval of the City. If the City disputes
<br />any charges on the invoices, it may make payment of the uncontested amounts and
<br />withhold payment on the contested amounts until they are resolved by agreement with
<br />Contractor.
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<br />F. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety
<br />for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
<br />Contractor further warrants and represents that it has no obligation or indebtedness that
<br />would impair its ability to fulfill the terms of this Agreement.
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<br />4. A vailabilitv of Funds. The obligations of The City of Sunny Isles Beach under this Agreement are
<br />subject to thC'availability of funds lawfully appropriated for its purpose by the State of Florida and the City
<br />Commission.
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<br />5. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the
<br />performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30)-days
<br />written notice to Contractor. Upon termination, the City may re-bid the project if the Consultant/Contractor
<br />fails to perform under this Agreement due to the undisclosed conditions.
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<br />6 Indemnification. Contractor agrees to indemnify and hold harmless, the City, its officers,
<br />agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses
<br />including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death,
<br />loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen
<br />from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other
<br />personal entity acting under Contractor's control in connection with the Contractor's performance of
<br />services pursuant to that Contract and to that extent the Contractor shall pay such claims and losses and
<br />shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and
<br />losses including wrongful termination or allegations of discrimination or harassment, and shall pay all
<br />costs and attorneys' fees expended by the City in defense of such claims and losses including appeals.
<br />The parties agree that ten percent (10%) of the total compensation is a specific consideration from the
<br />City to the Contractor for this indemnity.
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<br />7. Contract Documents: The parties hereto hereby agree as follows:
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<br />A. The Contractor shall furnish all labor, equipment and materials and perform the work
<br />described for the amount specified in the strict accordance with the General Conditions,
<br />Supplementary Conditions/Special Provisions, Plans and Specifications and other contract
<br />documents, all of which are made a part hereof and designated as follows:
<br />
<br />i. City of Sunny Isles Beach Bid No. 03-09-01, dated September 2003,
<br />prepared by Calvin, Giordano & Associates, Inc., (which contains Notice to
<br />Bidders, Instructions to Bidders, Bid Form, Bid Bond, Public Entity Crimes
<br />Affidavit, Trench Safety Act, Information Required from Bidders, EJCDC Standard
<br />Form of Agreement, Payment Bond, Performance Bond, Acknowledgement of
<br />Conformance with a.S.H.A. Standards, General Conditions, Supplementary
<br />Conditions, Addenda and General Requirements.
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<br />11. Horsepower Bid Proposal dated September 30,2003.
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<br />Horsepower Electric Contract - Bid Form
<br />Attorney/Contracts, Agreernents/ch
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