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<br />City of Sunny Isles Beach
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<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any
<br />contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further
<br />warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
<br />the terms of this Agreement.
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<br />5. CONTRACT TIME, TIME FOR COMPLETION AND LIQUIDATED DAMAGES
<br />Upon failure of Consultant to perform all of the Services identified in this Agreement within forty-five
<br />(45) days from the execution date of this agreement, plus approved time extensions (if applicable),
<br />Consultant shall pay to the City the sum of three hundred dollars ($300.00) for each calendar day
<br />after the stated deadline plus any approved time extensions (if applicable). These amounts are
<br />not penalties but are liquidated damages to the City for its inability to obtain beneficial
<br />occupancy and/or use of the project. Liquidated damages are hereby fixed and agreed upon
<br />between the parties, recognizing the impossibility of precisely ascertaining the amount of
<br />damages that will be sustained by the City as a consequence of such delay, and both parties desiring
<br />to obviate any question of dispute concerning the amount of said damages and the cost and effect
<br />of the failure of Contractor to complete the Services on time. The City is authorized to deduct
<br />liquidated damages from monies due to Consultant for Services under this Agreement or as much
<br />thereof as the City may, in its sole discretion, deem just and reasonable.
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<br />The Consultant will not be liable for liquidated damages in situations where the delay was beyond the
<br />Consultant's reasonable control, including acts of God (i.e. fires, floods, hurricanes, earthquakes,
<br />unusually severe weather) or acts of the Contractor in performing its own independent services related
<br />to the Project. However, in order to avoid liquidated damages being assessed, the Consultant must
<br />demonstrate that 1) the event was beyond the Consultant's reasonable control; 2) the Consultant could
<br />not have prevented the event; 3) the Consultant could not overcome the effects of the event; 4) there
<br />was no fault or negligence on the part of the Consultant that contributed to the event; and 5) the event
<br />caused a delay to the overall completion of the Consultant's services under this Agreement.
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<br />6. INSURANCE: Consultant shall, at its sole cost and expense, during the period of any work
<br />being performed under this Agreement, procure and maintain the following minimum insurance
<br />coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by
<br />Consultant, its agents, sub-Consultants or employees, as indicated below:
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<br />o Comprehensive General liability insurance, including broad form contractual liability
<br />coverage for all operations, including, but not limited to, contractual, products, and
<br />completed operations, personal injury and property damage liability with minimum
<br />limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
<br />($2,000,000) aggregate.
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<br />o Worker's Compensation, as required by law, but with no less than $1,000,000 for
<br />Employer's Liability.
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<br />o Business Automobile Liability which shall include coverage for all owned, non-owned
<br />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 bodily
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<br />S\B
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<br />C091O-055 L1VS ASSOCIATES AGREEMENT
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<br />PaQe 3 of9
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