Reso 2025-3788 - 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 services performed under this Agreement shall conform to all relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation's Design Standards (DS) and OSHA during the course of such effort. Where requirements vary or conflict, the more stringent shall apply. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor. The Contractor is to maintain appropriate signage, guards, and flagmen for the purpose of safeguarding the general public while work is ongoing. All work shall be completed in a safe and workmanlike manner every day and the Contractor shall secure the site prior to leaving at the end of each and every day. 9. LIQUIDATED DAMAGES. Failure to complete all the work within the time specified by the city's Project Manager, 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, an amount equal to Two Hundred Dollars and No Cents ($200.00) for each calendar day of delay in the completion of all work. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor. 10. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(1) and A(2) above shall be applicable hereunder. ENVIROWASTE SERVICES GROUP, INC.