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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 />2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, <br />as well as the terms and conditions of RFP No. 050324, entitled "Fitness Equipment and Related <br />Accessories and Services," and awarded Contract No. 052324 -SPA, which are specifically <br />incorporated.herein and made a part hereof collectively as Attachment `B," as well as Contractor's <br />Proposal, attached and incorporated herein as Attachment "A" (hereinafter referred to collectively <br />as "Contract Documents"). In the event of any conflict between or among the contract documents <br />or any ambiguity or missing specifications or instruction, the following priority is established: <br />A. First, this Agreement — Contract No. 2025-8950. <br />B. Second, Contractor's Proposal, appended as Attachment "A." <br />C. Third, the terms and conditions of RFP No. 050324, entitled "Fitness Equipment and <br />Related Accessories and Services," and awarded Contract No. 052324 -SPA, appended <br />collectively as Attachment `B." <br />3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions <br />set forth in the Contract Documents, specifically, to supply, assemble, and install fitness <br />equipment and flooring for the City's Employee Fitness Center. <br />Clean-up: At all times, including after each work shift, Contractor shall keep the premises free <br />from accumulation of waste materials or rubbish caused by its employees or the Work, and leave <br />all areas in good condition for continuity of City's operations. Upon final completion of the Work <br />and before acceptance and final payment shall be made, Contractor shall clean and remove from <br />the property, all surplus and discarded materials, rubbish, and equipment. Contractor is responsible <br />for hauling all debris. Contractor shall restore in an acceptable manner all property which has been <br />damaged as a result of the Work. The Contractor shall leave entire area and vicinity unobstructed <br />and in a neat and presentable condition. <br />Damage to Property: If any property is damaged while Contractor is performing the Work, it shall <br />be repaired or replaced at the sole expense of Contractor in a manner acceptable to the City prior <br />to the final acceptance of the Work. If the work site has any pre-existing damage, the Contractor <br />shall notify the City in writing. Failure to do so shall obligate Contractor to make repairs as set <br />forth herein. <br />The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees <br />to furnish all labor and material in a good and workmanlike and professional manner to perform <br />Services. Contractor agrees to have a qualified representative to audit and inspect the Services <br />provided on a regular basis to ensure all Services are being performed in accordance with the City's <br />needs and pursuant to the terms of this Agreement and shall report to the City accordingly. <br />Contractor agrees to immediately inform the City via telephone and in writing of any problems <br />that could cause damage to the City's property, improvements and persons. Contractor will require <br />its employees to perform their work in a manner befitting the type and scope of work to be <br />performed. In the event that the Contractor fails to complete the Services pursuant to the terms of <br />this contract and City must undertake the completion of performance of Services, Contractor <br />agrees to indemnify the City for all costs incurred with respect to the completion of those Services <br />and any damages the City may suffer as 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 />FITNESS SHOWROOM'S OF LONG ISLAND, INC. <br />