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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 TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the Sourcewell IFB No. FL -092524, and Contract No. FL - R7 -GC -092524 -TCI, which are specifically incorporated herein and made a part hereof, as well as Contractor's proposal to the City, attached as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents. 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 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 Agreement 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. CONTRACT TIME AND TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon the execution of this Agreement by all Parties and shall terminate upon the City's final inspection and the City's issuance of a final Certificate of Payment to Contractor. The City shall notify the Contractor in writing of the date on which the Work shall begin ("the Notice to Proceed Date"). The Contractor shall commence site activities on the Notice to Proceed Date, and the Work shall be carried on regularly and without interruption. The Contractor shall achieve final completion of the Work no later than thirty (30) days after the Notice to Proceed Date. The number of calendar days from the Notice to Proceed Date, through the date set forth for final completion, shall constitute the "Contract Time." The terms of Section 13, entitled "Indemnification and Waiver of Liability," Section 20, entitled "Compliance with Law," Section 8, entitled Warranty of Services, and Section 9, entitled "Defective Work," shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement Fifty -Seven Thousand Nine Hundred Ninety Dollars and Fifty -Four Cents ($57,990.54) plus Five Thousand Seven Hundred Ninety -Nine Dollars and Five Cents ($5,799.05) for contingency, if necessary, resulting in a total not -to -exceed amount of Sixty -Three Thousand Seven Hundred Eighty -Nine Dollars and Fifty -Nine Cents ($63,789.59). Payment to Contractor for all charges and tasks under this TEAM CONTRACTING INC. -EMERGENCY REPACEMENT AND REPAIR 2