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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax and/or desired by City and any costs affiliated with them are the responsibility of City and shall be obtained at City's sole expense. D. Risk of Loss. Upon Contractor's delivery of the Equipment to City at the delivery location, all risk of loss or damage to the Equipment passes from Contractor to City. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees and subcontractors to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement and shall expire twenty (20) business days after the City's issuance of a Notice to Proceed (NTP) by City, unless additional time is requested by Contractor, and approved by the City Manager. The terms of Sections 14 and 21 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all terms with respect to warranties, including Sections 9 and 10 herein entitled "Warranty of Services" and "Defective Work," respectively, and those specifically provided for in the Contract Documents shall also survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Two Hundred Seven Thousand Seven Hundred Fifty -Five Dollars and Ninety Cents ($207,755.90), which includes a ten percent (10%) contingency amount of Eighteen Thousand Eight Hundred Eighty -Six Dollars and Ninety Cents ($18,886.90). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the following: A. Disbursements. There are no reimbursable expenses associated with this contract. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be made by the City in accordance with Attachment "A," and allocated based upon the following milestone schedule: Delivery of modular structures (90%) .......................... $169,982.10 Final Installation(101/6)...........................................$ 18,886.90 Contingency, if necessary(10%).................................$ 18,886.90 FABRICON MODULAR, LLC s 174