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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 />ARTICLE H
<br />THE WORK
<br />2.1 The term "Work" shall mean whatever is done by or required of the Contractor to
<br />perform and complete its duties under this Contract, including the following: construction of the
<br />whole or a designated part of the Project; furnishing of any required surety bonds and insurance;
<br />and the provision or furnishing of labor, administration, management, supervision, testing,
<br />services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation,
<br />storage, power, maintenance of traffic, permits, and licenses required of the Contractor, including
<br />all items listed above and all appurtenant work, complete, tested, and ready for operation, including
<br />fuel, heat, light, cooling, and all other utilities, including temporary utilities and facilities as
<br />required by this Contract. The Work to be performed by the Contractor is generally described as
<br />follows:
<br />The Work to be performed under this Contract includes the replacement of two (2) existing vertical
<br />storm pumps with two (2) new larger capacity vertical pumps in Golden Shores, specifically
<br />located at 19200 North Bay Road, including the conversion of an existing generator room to house
<br />new pump controls, the installation of a new backup generator, powered by a new gas service line,
<br />on the north side of an existing pumpstation building, the removal of an existing bypass slide gate,
<br />an upgrade to an existing building facade, and the reconstruction of the adjoining parking area.
<br />2.2 The Contractor shall perform all the Work required, implied, or reasonably
<br />inferable from, this Contract as specifically set forth in the Contract Documents. The
<br />Contractor agrees to comply with the City of Sunny Isles Beach's permitting requirements,
<br />including all licensing requirements associated with the Public Works Department.
<br />2.3 Unless expressly permitted or allowed by the Contract Documents, substitutions of
<br />materials, articles, systems, equipment, or other components of the Work will not be
<br />considered. Where substitutions are expressly permitted or allowed by the Contract Documents,
<br />the Contractor must demonstrate to both the City and the City's Representative that a
<br />proposed substitution is equal in substance, quality, and function to the material, article, or piece
<br />of equipment identified in the Contract Documents. The City shall have no obligation to accept a
<br />proposed substitution and no substitution shall be allowed without the prior written approval from
<br />both the City's Representative and the City. If the substitution results in a savings to the Contractor,
<br />the City shall be entitled to a credit for the amount saved as a result of the substitution.
<br />2.4 The Contractor acknowledges and agrees that the term "flowable fill," included in
<br />Contract Documents as a specific unit price, includes removal and disposal of unsuitable spoil
<br />material and is subject to the City's approval before including flowable fill into the Work.
<br />2.5 Direct Purchase. The City is recognized by the State of Florida as being exempt
<br />from state sales tax and is therefore, qualified for an exemption from Florida and all other state
<br />sales taxes on the purchase of tangible property if certain criteria are met. The City may elect to
<br />realize savings of sales tax on selected material and equipment needed for use in this Project. The
<br />City will include this direct purchase provision and the Contractor agrees to administer it. See Rule
<br />12A-1.094 of the Florida Administrative Code, and Section 212.08(6), Florida Statutes. No
<br />additional compensation shall be added to the Agreement amount because of the service provided
<br />by the Contractor in the purchase of the material or capital equipment in the name of the City. All
<br />COMTECH ENGINEERING, INC.
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