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Reso 2006-933
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Reso 2006-933
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Last modified
7/1/2010 9:41:50 AM
Creation date
8/15/2006 10:54:31 AM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2006-933
Date (mm/dd/yyyy)
06/15/2006
Description
NUTTING ENGINEERS - Construction Material/Threshold Inspections (Active Park)
Reference
C0506-055
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<br />City of Sunny Isles Beach <br /> <br />18070 Collins A venue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3] 13 Fax <br /> <br />d. Final Invoice. In order for both parties herein to close their books and records, the <br />Contractor will clearly state "final invoice" on the Contractor's final/last billing to the <br />City. This certifies that all services have been properly performed and all charges and <br />costs have been invoiced to the City. Since this account will thereupon be closed, any <br />and other additional charges, if not properly included on this final invoice are waived by <br />the Contractor. <br /> <br />Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, <br />overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with <br />the prior written approval of the City. If the City disputes any charges on the invoices, it may make <br />payment of the uncontested amounts and withhold payment on the contested amounts until they are <br />resolved by agreement with Contractor. <br /> <br />Contractor 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 Contractor further warrants <br />and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of <br />this Agreement. <br /> <br />6. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered <br />during the performance of this Agreement, the City shall have the right to cancel this Agreement upon <br />thil1y (30) days written notice to Contractor. Upon termination, the City may re-bid the project if the <br />Contractor fails to perform under this Agreement due to the undisclosed conditions. <br /> <br />7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent <br />Contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any <br />action of the parties shall be construed to constitute or to render the Contractor an employee, partner, <br />agent, shareholder, officer or in any other capacity other than as an independent Contractor other than <br />those obligations which have been or shall have been undertaken by the City, Contractor shall be <br />responsible for any and all of its own expenses in performing its duties as contemplated under this <br />agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall <br />have no duty to withhold any Federal income taxes or pay Social Security services and that such <br />obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall <br />furnish its own transportation, office and other supplies as it determines necessary in carrying out its <br />duties under this agreement. <br /> <br />8. INSURANCE. Contractor 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 Contractor against all loss, claims, damage and liabilities caused by <br />Contractor, its agents, sub-Contractors or employees, as indicated below: <br /> <br />o <br /> <br />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. <br /> <br />Construction Materials Testing & Special/threshold Inspection Services <br /> <br />3 <br /> <br />SIB <br />
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