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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 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement and Contractor's Proposal, appended hereto as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). 3. SERVICES. Contractor shall provide equipment and the Services to the City pursuant to the terms and conditions set forth in the Contract Documents, to specifically include, but not limited to, purchasing and installing four (4) energy-efficient exhaust fans in the kitchen located at Gateway Park, as more particularly described in Attachment "A." 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 contract 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. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall be for a period of three (3) months, commencing upon the issuance of a written Notice to Proceed by the City. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work from the date of specified in the Notice to Proceed and continue in a diligent manner until completion of the Services. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. 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. During the term of this Agreement the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Seventy -Nine Thousand Three Hundred Sixty -Eight Dollars and Seventeen Cents ($79,368.17), which includes a ten percent (10%) contingency amount of Seven Thousand Two Hundred Fifteen Dollars and Twenty - Nine Cents ($7,215.29). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges reflected as reflected in Attachment "A," under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract. STAN. WEAVER AND COMPANY 2