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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 />Additionally, until such timeassuchlienor claim is satisfied, removedor <br />discharged by CONTRACTOR, all monies due to CONTRACTOR, or that become due <br />to CONTRACTOR before the lien or claim is satisfied, removed or otherwise <br />discharged, shall be held by CITY as security for the satisfaction, removal and <br />discharge of such lien and any expense that may be incurred while obtaining the <br />discharge. If CONTRACTOR shall fail to do so, CITY shall have the right, in <br />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 C <br />ITY <br />chooses at the entire and sole cost and expense of CONTRACTOR which costs and <br />expenses shall, without limitation, include attorney’s fees, litigation costs, fees <br />and expenses and all court costs and assessments, and which shall be deducted <br />from any amount owing to CONTRACTOR. In the event the amount due <br />CONTRACTOR is less than the amount required to satisfy CONTRACTOR’s <br />obligation under this, or any other article, paragraph or section of this <br />Agreement, the CONTRACTOR shall be liable for the deficiency due the CITY. <br /> <br />2.5 The CONTRACTOR and the CITY agree that Section 725.06(2), Florida Statutes <br />12. <br />controls the extent and limits of the indemnification and hold harmless provisions <br />of this Agreement, if any, and that the parties waive any defects in the wording of <br />this Article that runs afoul of said statutory section. <br />ARTICLE 13– CHANGES IN THE WORK <br />13.1 Without invalidating this Agreement, the CITY may, at any time or from time to time <br />order additions, deletions or revisions in the Work through the issuance of Change <br />Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work <br />involved. All Work shall be executed under the applicable conditions of the Contract <br />Documents. If any Change Order causes an increase or decrease in the Contract Price <br />or an extension or shortening of the Contract Time, an equitable adjustment will be made <br />as provided in Article 14 or Article 15 on the basis of a claim made by either Party. <br /> <br />13.2 The Project Manager may authorize minor changes in the work not involving an <br />adjustment in the Contract Price or the Contract Time, which are consistent with the <br />overall intent of the Contract Documents. Such changes must be in writing and signed by <br />the CITY and the CONTRACTOR. <br /> <br />13.3 If notice of any change affecting the general scope of the Work or change in the <br />Contract Price is required by the provisions of any Bond to be given to the Surety, it will <br />be the CONTRACTOR’s responsibility to so notify the Surety, and the amount of each <br />applicable Bond shall be adjusted accordingly. The CONTRACTOR shall furnish proof of <br />such adjustment to the CITY. <br />ARTICLE 14– CHANGE OF CONTRACT PRICE <br />Change of Contract Price, approved by CITY, shall be computed as follows: <br /> <br />14.1Cost of the Work: The term “Cost of the Work” means the sum of all direct costs <br />necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. <br />Except as otherwise may be agreed to in writing by the CITY, these costs shall be in amounts <br />PAGE 25OF 38 <br /> <br />