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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-31 13 Fax <br />2. THE CONTRACT DOCUMENTS. "The Contract Documents consist of this Agreement, <br />as well as the terms and conditions of RI.,1. No. 1903IMFW, entitled "General Contractors Pre - <br />Qualified List," and the resulting contract, which are specifically incorporated herein and made a <br />part hereof as Attachment "B," as well as the Contractor's proposal, appended hereto as <br />Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the event of any <br />conflict between or among the contract documents or any ambiguity or missing specifications of - <br />instruction, the following priority is established: <br />A. First, this Agreement Between the City of Sunny Isles Beach and MBR Construction, <br />Inc. — Contract No. 2025-8869. <br />B. Second, the terms and conditions of RLI No. f.9031 MFW, entitled "General <br />Contractors Pre -Qualified List," <br />C. 'Third, Contractor's Proposal, <br />3. SERVICES. Contractor shall provide the Services pursuant to the Contract Documents. <br />The Services shall include furnishing all labor, equipment, and materials necessary to replace <br />trench drain frames and grates in the Heritage Park Parking Garage, as more particularly <br />described in Attachment A. <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 />the Services. Contractor agrees to have a qualified representative to audit and inspect the Services <br />provided oil 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 darnage to the City's property, improvements, or 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 />Contractor shall perform work behveen the hours 7:00 AM and 6:30 PM Monday through <br />Thursday and 7:00 AM — 5:00 PM on Fridays. Work may only be performed on weekends <br />with the permission, or as restricted by, City in its regulator7, capacity. <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 />execution of this Agreement by all Parties and shall terminate upon the City's final inspection and <br />the City's issuance of a final Certificate of Payment to Contractor. The City shall notify the <br />Contractor in writing of the date on which the Work shall begin ("the Notice to Proceed Date"). <br />The Contractor shall commence site activities on the Notice to Proceed Date, and the Work shall <br />be carried on regularly and without interruption. The Contractor shall achieve final completion <br />of the Work no later than ninety (90) days after the Notice to Proceed Date. The number of <br />calendar days from the Notice to Proceed Date, through the date set forth for Substantial <br />Completion, shall constitute the "Contract Time." <br />NIBR CONSTRUCTION, INC. 2 <br />