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<br />CITY OF SUNNY ISLES BEACH <br />STAMPED ASPHALT SERVICE AGREEMENT <br /> <br />Tms AGREEMENT, entered into this ~day of JJ~ 2002, by and <br />between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and PIOS <br />AND SONS ENTERPRISES, INC. (hereinafter referred to as "Contractor"). <br /> <br />WHEREAS, the City desires to upgrade certain crosswalks on Collins Avenue to <br />stamped asphalt; and <br /> <br />WHEREAS, the City desires to contract with Contractor to provide the services described in <br />Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees with the <br />City as follows: <br /> <br />1. Services. Contractor agrees to furnish all labor and materials in a good and <br />workmanlike and professional manner, to perform the work designated in Exhibit "A" attached <br />hereto, which is incorporated herein by reference. Contractor shall perform the services described in <br />Exhibit "A" to the full satisfaction of the City. Contractor agrees to have a qualified representative <br />inspect the Property on a regular basis to ensure all services are being performed in accordance with <br />Exhibit "A" and shall report to the City accordingly. Contractor agrees to immediately inform the <br />City via telephone and in writing of any problems that could cause damage to Property, <br />improvements and persons at the Property. Contractor will require its employees to perform their <br />work in a manner befitting the type and scope of work to be performed. In the event that the <br />Contractor fails to complete performance pursuant to the terms of this contract and City must <br />undertake the completion of performance of services, Contractor agrees to indemnify the City for all <br />costs incurred with respect to the completion of those services and any damages the City may sutTer <br />as a result of the failure of performance by Contractor. <br /> <br />2. Additional Services. If Contractor identifies the need for additional work or changes <br />under this Agreement during the course of performing its obligations hereunder, Contractor shall set <br />forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work <br />Order") and submit such Supplemental Work Order for approval by the City. No such additional <br />work shall be done or paid for without the specific prior written approval of the City. <br /> <br />3. Payment for Vendor's Services. Payment to Contractor for all charges under this <br />Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in <br />Exhibit "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, <br />licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred <br />by Contractor with the prior written approval of the City. If the City disputes any charges on the <br />invoices, it may make payment of the uncontested amounts and withhold payment on the contested <br />amounts until they are resolved by agreement with Contractor. <br /> <br />4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during <br />the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty <br />(30) days written notice to contractor. Upon termination, the City may re-bid the project if the <br />contractor fails to perform under this Agreement due to the undisclosed conditions.y <br />Page 10f4 <br /> <br />Stamped Asphalt On Collins - Pios <br />