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c. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half <br />(1/2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the <br />original proposal. <br />28. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, authority and <br />right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City <br />fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that <br />such authority or power is not, in fact, held by the signatory or is withdrawn. <br />b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the <br />body of this agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above <br />written. <br />ATTEST: <br />MARIA D. HUIZAR <br />Clerk of the Council <br />JOSEPH STRAKA <br />Interim City Attorney <br />as <br />Laura Sheedy <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />RAUL GODINEZ, II <br />Executive Director, <br />Public Works Agency <br />CITY OF SANTA ANA <br />PAUL M. WALTERS <br />Interim City Manager <br />MACADEE ELECTRICAL <br />CONSTRUCTION, INC. <br />KEVIN MC CARTHY <br />Corporate Secretary <br />Tax ID# <br />25C -10 <br />