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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, as well as the terms and conditions of RLI No. 19031MFW, entitled "General Contractors Pre - Qualified List," and the resulting contract, which are specifically incorporated herein and made a part hereof as Attachment "A," as well as the Contractor's proposal, appended hereto as Attachment `B" (hereinafter referred to collectively as "Contract Documents"). 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 MBR Construction, Inc. — Contract No. 2024-8869. B. Second, the terms and conditions of RLI No. 19031MFW, entitled "General Contractors Pre -Qualified List," C. Third, Contractor's Proposal 3. SERVICES. Contractor shall provide the Services pursuant to the Contract Documents. The Services shall include furnishing all labor, equipment, and materials necessary to repair, remediate, and resurface the City's pedestrian bridge located at North Bay Road, as more particularly described in Attachment B. 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 the 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, or 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. Contractor shall work and perform the Services on only one side of the pedestrian bridge at a time, in order to keep the pedestrian bridge operational. Contractor shall perform work between the hours 7:00 AM and 6:30 PM Monday through Thursday and 7:00 AM — 5:00 PM on Fridays. Work may only be performed on weekends with the permission, or as restricted by, City in its regulatory capacity. 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 one hundred twenty (120) days, 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 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 Section 16, entitled "Indemnification and Waiver of Liability," Section 24, entitled "Compliance MBR CONSTRUCTION, INC.