Reso 2024-3647 - Laserfiche WebLink

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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 ITB No. 2020 -125 -AY, entitled "Continuing Services (as Needed) for the Construction of Seawalls Citywide," and the resulting contract, which are specifically incorporated herein and made a part hereof as Attachment "A," as well as the Contractor's proposal (hereinafter referred to collectively as "Contract Documents"), appended hereto as Attachment `B." In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Shoreline Foundation, Inc. — Contract No. 2024-8703. B. Second, the terms and conditions of ITB No. 2020 -125 -AY, entitled "Continuing Services (as Needed) for the Construction of Seawalls Citywide." C. Third, Contractor's Proposal. 3. SERVICES. Contractor shall provide equipment and Services to the City pursuant to the terms and conditions set forth in the Contract Documents, to specifically include, but not limited to, furnish and install (60) linear feet of precast pile and panel seawall at Intracoastal Sports Park, as more particularly described in Attachment "B." The Contractor shall furnish all labor, equipment, and materials necessary to furnish and install in accordance with the specifications in the Contract Documents. The Contractor is responsible for obtaining the Army Corps of Engineers, DERM, and DEP permits. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement. The Contractor shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) directing the Contractor to proceed with the work has been received by the Contractor from the City Manager or Project Manager. Contractor shall reach Final Completion of the Services within nine (9) months from the initiation specified in the NTP (once permits have been received). Time is of the essence. Final Completion shall be defined at that point after which the City Engineer or their representative, have made and approved the Final Inspection and the Punch List has been completed, and all deliverables have been provided to the City. The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all terms with respect to warranties, including Sections 8 and 9 herein entitled "Warranty of Services" and "Defective Work," and those specifically provided for in the Contract Documents shall also survive termination of this Agreement. 5. COMPENSATION. The City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Two Hundred Twenty -Nine Seven Hundred Eighty - Six Dollars and Thirty -Two Cents ($229,786.32), which includes an amount of Twenty Thousand Eight Hundred Eighty -Nine Dollars and Sixty -Seven Cents ($20,889.67) for contingency, as set forth in Contractor's Proposal, attached hereto as Attachment "C," and in the Contract Documents. SHORELINE FOUNDATION, INC. 408