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Reso 2025-3818
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Reso 2025-3818
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Last modified
8/12/2025 4:43:14 PM
Creation date
6/16/2025 3:53:43 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3818
Date (mm/dd/yyyy)
04/17/2025
Description
Agreement w/ Bausch Enterprises, Inc., for purchase & installation of (3) Lifeguard Towers.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />Lifeguard Towers," and the awarded Agreement, which are specifically incorporated herein and <br />made a part hereof as Attachment `B," as well as Contractor's Proposal, attached and incorporated <br />herein as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the <br />event of any conflict between or among the contract documents or any ambiguity or missing <br />specifications or instruction, the following priority is established: <br />A. First, this Agreement Between the City of Sunny Isles Beach and Bausch Enterprises, <br />Inc.— Contract No. 2025-9052. <br />B. Second, the terms and conditions of ITB No. 51 entitled "Purchase and Installation of <br />Lifeguard Towers," and of the awarded Agreement, appended collectively as <br />Attachment `B." <br />C. Third, Contractor's Proposal, appended as Attachment "A." <br />3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions <br />set forth in the Contract Documents. The Services shall be performed by Contractor to the full <br />satisfaction of the City. Contractor agrees to furnish all labor and material in a good and <br />workmanlike and professional manner to perform Services. Contractor agrees to have a qualified <br />representative to audit and inspect the Services provided on a regular basis to ensure all Services <br />are being performed in accordance with the City's needs and pursuant to the terms of this <br />Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the <br />City via telephone and in writing of any problems that could cause damage to the City's property, <br />improvements and persons. Contractor will require its employees to perform their work in a <br />manner befitting the type and scope of work to be performed. In the event that the Contractor fails <br />to complete the Services pursuant to the terms of this contract and City must undertake the <br />completion of performance of Services, Contractor agrees to indemnify the City for all costs <br />incurred with respect to the completion of those Services and any damages the City may suffer as <br />a result of the Contractor's failure to perform the Services. <br />4. CONTRACT TIME AND TERM. Subject to the provisions relating to the termination <br />of this Agreement as set forth hereunder, the term of this Agreement shall commence upon the <br />full execution of this Agreement and shall terminate upon the City's final inspection and the City's <br />issuance of a final Certificate of Payment to Contractor. The City shall notify the Contractor in <br />writing of the date on which the Work shall begin ("the Notice to Proceed Date"). The Contractor <br />shall commence site activities on the Notice to Proceed Date, and the Work shall be carried on <br />regularly and without interruption. The Contractor shall achieve final completion of the Work, <br />including the removal of all debris, materials, and equipment, at or near the 174th Street <br />Beach Access no later than June 25, 2025. The Contractor shall achieve final completion of <br />the Work at or near the 163rd Street Access and the 192nd Street Access no later than July <br />31, 2025. The number of calendar days from the Notice to Proceed Date, through the date set forth <br />for Substantial Completion, shall constitute the "Contract Time." <br />The terms of Section 15, entitled "Indemnification and Waiver of Liability," Section 22, entitled <br />"Compliance with Law," Section 11, entitled "Warranty of Services," and Section 12, entitled <br />"Defective Work," and those specifically provided for in the Contract Documents, shall survive <br />termination of this Agreement. <br />5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for <br />Services performed under this Agreement, for an amount of Two Hundred Eighty Thousand Five <br />BAUSCH ENTERPRISES, INC. <br />
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