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9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under <br />any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be <br />valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents <br />shall be reformed to replace such stricken provisions or part thereof with a valid and enforceable <br />provision that comes as close as possible to expressing the intention of the stricken provision. <br />9.5. OTHER PROVISIONS. <br />9.5.1. DRAWINGS <br />Median Fencing Improvements <br />(CGA Project No. 03 -4138) <br />DESCRIPTION <br />SHEET NO. <br />Cover Sheet <br />Collins Avenue Fencing Plan <br />Cl <br />Collins Avenue Fencing Plan <br />C2 <br />Collins Avenue Fencing Plan <br />C3 <br />Collins Avenue Fencing Plan <br />C4 <br />Fencing Details <br />C5 <br />Fencing Notes <br />C6 <br />9.5.2. The CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY <br />ISLES BEACH, AND CALVIN GIORDANO & ASSOCIATES, INC., Civil Engineers - <br />Planners- Surveyors, their agents and employees, from or on account of any injuries or damages <br />received or sustained by any person or person during or on account of any operations connected with <br />the construction of these roadway improvements; or by or in consequence of any negligence in <br />connection with the same; or by use of any improper materials or by or on account of any act or <br />omission of the said Contractor, subcontractor, agents, servants, or employees; and <br />9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the <br />construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000 <br />for injuries, including willful death, to any one person and subject to those same limits for each <br />person, in an amount not less that $1,000,000 for damages as a result of each occurrence and <br />property damage insurance and in an amount not less than $1,000,000 for damages on any one <br />occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND <br />CALVIN, GIORDANO & ASSOCIATES, INC., Civil Engineers- Planners- Surveyors, their <br />agents and employees, by making them an additional insured, and shall not be modified or canceled <br />without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH. Certificates <br />evidencing the coverage stated herein shall be provided simultaneously with Contractor's execution <br />of this Agreement. <br />9.5.4 Should the final completion and acceptance of the work herein embraced together with <br />any modification or additions be delayed beyond the time herein set because of lace of performance <br />by the Contract, it is understood and agreed that aside from any other liquidated damage per day for <br />such delay from such time until the work is completed and accepted as herein provided, all costs of <br />engineering and inspection on behalf of the Owner will be charged to the contractor and deducted <br />from any estimate or payment otherwise due and payable to him from time to time. The costs of <br />06/05 00500 -6 03- 4138.6 S I B <br />