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THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the <br />"Agreement") is made in duplicate, this 10ay of A , 2023, by and between the CITY <br />OF SUNNY ISLES BEACH, Florida, (hereinafterrefer eā€”d to as "City"), and THE STOUT <br />GROUP, LLC, a corporation authorized to do business in the State of Florida (hereinafter <br />referred to as "Contractor") whose Federal I.D. # is 45-5312119. <br />RECITALS <br />WHEREAS, the City is in need of a contractor to reconstruct the east end of 172nd <br />Street to raise the road and eliminate flooding at high tide ("Work"); and <br />WHEREAS, the City issued an Invitation to Bid, ITB 23-02-01, which was titled <br />"East End of 172nd Street Roadway and Drainage Improvements"; and <br />WHEREAS, upon evaluation, Contractor was determined to have submitted the <br />lowest responsible and responsive bid; and <br />WHEREAS, the City wishes to contract with Contractor to provide the desired Work <br />as more particularly described in the Contract Documents as defined below for a total <br />amount not to exceed Four Hundred Twenty -Two Thousand Six Hundred Sixty -Five Dollars <br />and Ten Cents ($422,665.10), which amount includes a contingency of Thirty -Eight <br />Thousand Four Hundred Twenty Four Dollars and Ten Cents ($38,424.10). <br />NOW THEREFORE, in consideration of the promises and the mutual covenants <br />herein named, the parties agree as follows: <br />ARTICLE I <br />THE CONTRACT AND THE CONTRACT DOCUMENTS <br />1.1 The Contract <br />1.1.1 The Contract between the City and the Contractor, of which this Contract is <br />a part, consists of the Contract Documents. It shall be effective on the date this Contract <br />is executed by the last party to execute it. <br />1.2 The Contract Documents <br />1.2.1 The Contract Documents consist of this Contract, the Bid Documents (Invitation <br />to Bid No. 23-02-01, the "ITB"), the Specifications, the Drawings, the Plans, addenda to <br />the ITB, Contractor's Response to ITB, all of which are attached hereto as Attachment <br />"A" and incorporated herein by reference, as well as any Addenda, any Supplemental <br />Conditions, all Change Orders and Field Orders issued hereinafter, any other amendments <br />hereto executed by the parties hereafter, together with the following (if any): <br />Construction, Inc. <br />