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t yNNY I, <br />AGREEMENT BETWEEN THE CITY OF SUNNY ISLES <br />BEACH AND PAC COMM INC. <br />`•'''• ►•' °•' EMERGENCY CONSTRUCTION CONTRACT NO. C1314 -073 <br />er,r or wr'o. <br />THIS AG EMENT (hereinafter referred to as the "Agreement ") is made in duplicate, <br />this Ja�ay of 2014, by and between the City of Sunny Isles Beach (the <br />"City") and Pac Comm 1W (the Contractor "), a corporation authorized to do business in the State <br />of Florida whose Federal I.D. # is ` ko - @59 99 LE - <br />WITNESSETH: <br />WHEREAS, the City is in need of a contractor for the intracoastal seawall emergency repair <br />project ( "Services "), as more fully described in Attachment "A" which is attached hereto and <br />incorporated herein by reference; and <br />WHEREAS, the City Manager intends to seek a waiver of the competitive bidding <br />requirements due to the emergency nature of the Services; and <br />WHEREAS, the Contractor represents to the City that it possesses the requisite <br />qualifications, expertise and licenses to perform all necessary work in connection with the <br />Services; and <br />WHEREAS, the City desires to enter into this Agreement with Contractor to perform the <br />Services in a total amount not to exceed Nine Hundred Fifty Two Thousand Nine Hundred <br />Eighteen Dollars and Five Cents ($952,918.05). <br />NOW THEREFORE, in consideration of the foregoing, and the mutual <br />covenants and compensation set forth herein, the City and Contractor agree as follows: <br />ARTICLE 1. DEFINITIONS <br />Agreement means this Agreement together with the Contract Documents. <br />Bond(s) means the Payment Bond and the Performance Bond issued by a surety or sureties in <br />accordance with the provisions of the Contract Documents. <br />Commencement Date means the date specified in the Notice to Proceed from the City Manager <br />or his designee. <br />Contract Amount means the total sum of monies which has been agreed to between the Contractor <br />and the City as the total price for the construction of the Project and the performance of all services <br />under this Agreement. <br />Contract Documents means this Agreement, any Addenda, Supplemental Terms and <br />Conditions, the Contractor's Proposal, the Payment and Performance Bond, approved written <br />interpretations and clarifications, Field Directives, Construction Change Directives, any Change <br />Orders issued thereto, and any modifications, duly issued after execution of the Agreement. <br />Exhibit "A" S I B <br />