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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 />and material in a good and workmanlike and professional manner to perform the Services. <br />Contractor agrees to have a qualified representative to audit and inspect the Services provided on <br />a regular basis to ensure all Services are being performed in accordance with the City's needs and <br />pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees <br />to immediately inform the City via telephone and in writing of any problems that could cause <br />damage to the City's property, improvements, or persons. Contractor will require its employees <br />to perform their work in a manner befitting the type and scope of work to be performed. In the <br />event that the Contractor fails to complete the Services pursuant to the terms of this contract and <br />City must undertake the completion of performance of Services, Contractor agrees to indemnify <br />the City for all costs incurred with respect to the completion of those Services and any damages <br />the City may suffer as a result of the Contractor's failure to perform the Services. <br />4. TERM., Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the term of this Agreement shall commence upon the execution of this Agreement <br />by all Parties and shall terminate upon the City's final inspection and the City's issuance of a final <br />Certificate of Payment to Contractor. The City shall notify the Contractor in writing of the date <br />on which the Work shall begin ("the Notice to Proceed Date"). The Contractor shall commence <br />site activities on the Notice to Proceed Date, and the Work shall be carried on regularly and without <br />interruption. The Contractor shall achieve final completion of the Work no later than ninety <br />(90) days after the Notice to Proceed Date. The number of calendar days from the Notice to <br />Proceed Date, through the date set forth for final completion, shall constitute the "Contract Time." <br />The terms of Section 14, entitled "Indemnification and Waiver of Liability," Section 22, entitled <br />"Compliance with Law," Section 10, entitled Warranty of Services, and Section 11, entitled <br />"Defective Work," shall survive termination of this Agreement. <br />5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor <br />for Services performed under this Agreement the amount of Thirty -Eight Thousand Fifty Dollars <br />and No Cents ($38,050.00), plus Ten Thousand Dollars and No Cents ($10,000.00) for as -needed <br />additional repair locations, if necessary, resulting in a total not -to -exceed amount of Forty -Eight <br />Thousand Fifty Dollars and No Cents ($48,050.00). Payment to Contractor for all charges and <br />tasks under this Agreement shall be in accordance with the Contract Documents, under the <br />following conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this contract <br />except for expenses approved by the City Manager. <br />Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. If services have <br />been rendered in conformity with the Agreement, the invoice will be sent to the <br />Finance Department for payment. Invoices must reference the contract number <br />assigned hereto. Invoices will be paid in accordance with the State of Florida <br />Prompt Payment Act. <br />B. Availability of Funds. The City's performance and obligation to pay under this <br />Agreement is contingent upon an annual appropriation for its purpose by the City <br />Commission. If the City should not appropriate or otherwise make available funds <br />sufficient to purchase the Services procured pursuant to this Agreement, the City <br />CONCRETE WORKS & PAVING, INC. <br />