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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />required performance/payment bonds (collectively referred to as the "Services"), <br />as per Attachment "A" which is attached hereto. <br /> <br />b. Contractor shall conduct the Services so as not to interfere with any public <br />utilities or any public right of ways. <br /> <br />c. Contractor shall comply with all local, State and Federal Safety and Health <br />Requirements. <br /> <br />d. The Services shall be performed by Contractor to the full satisfaction of the City. <br />Contractor agrees to immediately inform the City via telephone and in writing of <br />any problems that could cause damage to property and/or persons located at the <br />properties. <br /> <br />e. Contractor will require its employees to perform the Services in a manner <br />befitting the type and scope of work to be performed. In the event that the <br />Contractor fails to complete performance of the Services pursuant to the terms of <br />this contract and City must undertake the completion of performance of the <br />Services, Contractor agrees to indemnify the City for all costs incurred with <br />respect to the completion of the Services and any damages the City may suffer as <br />a result of the failure of performance by Contractor. <br /> <br />f. The Contractor shall promptly correct all Services rejected by the City as faulty, <br />defective, or failing to conform to this Agreement whether observed before or <br />after substantial completion of the Services, and whether or not fabricated, <br />installed or completed. The Contractor shall bear all costs of correcting such <br />rejected Services. <br /> <br />4. CONTINGENCY SERVICES. The City may, at its sole discretion, enter into <br />negotiations with Contractor to provide all labor, materials and equipment to demolish and <br />remove the existing structures, including footings, foundation, asphalt pavement, and trees, <br />located at 215 and 151 Sunny Isles Boulevard, (the "contingency services"), at the following <br />rates: $46,000.00 for 215 Sunny Isles Boulevard and $49,520.00 for 151 Sunny Isles Boulevard, <br />if the City fails to procure the services of another contractor pursuant to court approved <br />settlement agreement. However, in the event such negotiations are unsuccessful, then the City <br />may enter into subsequent negotiations with the other bidders who bid on Request for Proposal <br />No. 11-07-03 to provide demolition services for the properties located at 215 and 151 Sunny <br />Isles Boulevard. <br /> <br />5. ADDITIONAL SERVICES. If the need for additional work or changes under this <br />Agreement is identified by Contractor during the course of performing its obligations hereunder, <br />Contractor shall set forth such additional work and the cost thereof in a supplemental work order <br /> <br />CIOII-067 THE BG GROUP. LLC. AGREEMENT <br /> <br />Page 2 of 13 <br /> <br />SiB <br />