Reso 2004-706 - Laserfiche WebLink

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CITY OF SUNNY ISLES BEACH NE 159TH STREET & NE 174TH STREET ROADWAY LIGHTING IMPROVEMENTS THIS AGREEMENT entered into this 5 \S~ day of I+u.GLt~.., 2004, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and HORSEPOWER ELECTRICAL, INC~ (hereinafter referred to as "Contractor"). WHEREAS, the City maintains the streets within the City's limits; and WHEREAS, the City desires to contract with Contractor to provide the services described in Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1, Services, Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner, to perform the work designated in Exhibit "A" attached hereto, which is incorporated herein by reference, The services described in Exhibit "A" shall be performed by Contractor to the full satisfaction of the City, Contractor agrees to have a qualified representative inspect the Property on a regular basis to ensure all services are being performed in accordance with Exhibit "A" 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 Property, improvements and persons at the Property. 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 performance 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 ofthose services and any damages the City may suffer as a result of the failure of performance by Contractor, 2. Additional Services, If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 3. Payment for Vendor's Services. The total price for these services is $179,971.00. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Exhibit "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor, 4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty Page 1 of 4 SIB Horsepower Electric Contract Attorney/Contract, Agreementljb