Reso 2024-3718 - Laserfiche WebLink

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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 with Law," Section 12, entitled Warranty of Services, and Section 13, entitled "Defective Work," shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed under this Agreement the amount of Eight Hundred Twenty -Nine Thousand Nine Hundred Thirty -Seven Dollars and No Cents ($829,937.00), plus Eighty -Two Thousand Nine Hundred Ninety -Three Dollars and Seventy Cents ($82,993.70) for contingency, if necessary, resulting in a total not -to -exceed amount of Nine Hundred Twelve Thousand Nine Hundred Thirty Dollars and Seventy Cents ($912,930.70). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Contractor shall submit an invoice upon final completion of the Services, adhering to standard payment terms of Net 30. City is entitled to an allowance of 5% retainage until final acceptance of the Services by City. The invoice will be sent to the Finance Department for payment. The invoice must reference the contract number assigned hereto. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. LIQUIDATED DAMAGES. Failure to complete all the work within the time specified in Section 4, entitled Term, including any extension granted in writing by the City, shall obligate the Contractor to pay the City, as liquidated damages and not as a penalty, a minimum amount equal to Five Hundred Dollars and No Cents ($500.00) for each calendar day of delay in the completion MBR CONSTRUCTION, INC.