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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and
<br />North Miami Beach Distribution System Watermain Replacements
<br />other person directly or indirectly acting for or through CONTRACTOR filesorattemptsto
<br />file a mechanic’s or construction lien against the real property on which the work is
<br />performed or any part or against any personal property or improvements or claim
<br />against any monies due or to become due from the CITY to CONTRACTOR or from
<br />CONTRACTOR to a Subcontractor, for or on account of any work, labor, services, material,
<br />equipment, or other items furnished in connection with the Work or any Change Order,
<br />CONTRACTOR agrees to satisfy, remove, or discharge such lien or claim at its own
<br />expense by bond, payment, or otherwise with
<br />in twenty (20) days of the filing or from
<br />receipt of written notice from the CITY.
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<br />Additionally, until such time as such lien or claim is satisfied, removed or discharged by
<br />CONTRACTOR, all monies due to CONTRACTOR, or that become due to CONTRACTOR before
<br />the lien or claim is satisfied, removed or otherwise discharged, shall be held by CITY as
<br />security for the satisfaction, removal and discharge of such lien and any expense that may
<br />be incurred while obtaining such. If CONTRACTOR shall fail to do so, CITY shall have the
<br />right, in addition to all other rights and remedies provided by this Agreement or by law, to
<br />satisfy, remove, or discharge such lien or claim by whatever means CITY chooses at
<br />the entire and sole cost and expense of CONTRACTOR which costs and expenses shall,
<br />without limitation, include attorney’s fees, litigation costs, fees and expenses and all court
<br />costs and assessments.
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<br />8.24Weather Emergencies: Upon issuance of a Hurricane Watch by the National Weather
<br />Service, the CONTRACTOR shall submit to the CITY a plan to secure the work area in
<br />the event a Hurricane Warning is issued. The plan shall detail how the CONTRACTOR will
<br />secure the Premises, equipment and materials in a manner as to prevent damage to the
<br />Work and prevent materials and equipment from becoming a hazard to persons and
<br />property on and around the Premises. The plan shall include a time schedule required to
<br />accomplish the hurricane preparations and a list of emergency contacts that will be
<br />available and in the CITY before, during and immediately after the storm.
<br />Upon issuance of a Hurricane Warning by the National Weather Service, if the
<br />CONTRACTOR has not already done so, the CONTRACTOR shall implement its
<br />hurricane preparedness plan. Cost of development and implementation of the hurricane
<br />preparedness plan shall be considered as incidental to construction. Cost of any clean up
<br />and rework required after the storm will be considered normal construction risk within
<br />Florida and shall not entitle the CONTRACTOR to any additional compensation.
<br />CONTRACTOR shall be entitled to request an extension in time for completion of the Work,
<br />in accordance with the provisions of Article 15 of this Agreement, equal to the time he is
<br />shut down for implementation of the preparedness plan, the duration of the storm and
<br />a reasonable period to restore the Premises.
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<br />8.25Force Majeure: No Party shall hold the other responsible for damages or for delays in
<br />performance caused by force majeure, acts of God, or other acts or circumstances
<br />beyond the control of the other party or that could not have been reasonably foreseen and
<br />prevented. For this purposes, such acts or circumstances shall include, but not be limited
<br />to weather conditions affecting performance, floods, epidemics, war, riots, strikes,
<br />lockouts, or other industrial disturbances, or protest demonstrations. Should such acts
<br />or circumstances occur, the parties shall use their best efforts to overcome the difficulties
<br />arising therefrom and to resume the Work as soon as reasonably possible with the
<br />normal pursuit of the Work.
<br />PAGE 15OF 38
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