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e SUNY N111,E <br />FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT <br />o e <br />BETWEEN THE CITY OF SUNNY ISLES BEACH <br />F ➢. FLOR\O <br />AND MBR CONSTRUCTION, INC. <br />CONTRACT NO.'2024-8869-2 <br />THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY <br />ISLES BEACH (hereinafter "City") and MBR CONSTRUCTION, INC., a Florida corporation, <br />whose Federal Employer Identification (FEI) Number is 65-0373938 (hereinafter "Contractor"), <br />executed this 1 day of March 2026, is made a part of the original Agreement between the City <br />and Contractor, dated October 25, 2024 (hereinafter "the Agreement"), attached hereto and <br />incorporated herein as Exhibit "A." The City and Contractor hereby agree as follows: <br />1. CONTRACT TIME. City and Contractor wish to amend Section 3.1.1 of the Agreement, <br />as follows: <br />The Contractor shall neither commence any work, nor enter a City work premise, until a <br />written Notice to Proceed (NTP) from the City has been received by the Contractor. In <br />addition to the written NTP, the Contractor must supply the City with the required <br />insurance and bond documents. The Project shall be substantially completed within onehtmdfed and eighty (18 <br />hundred twelve (312) calendar days from the Project <br />initiation specified in the Notice to Proceed and final completion shall be sixty (60) <br />calendar days after Substantial Completion. The total t-,ve hundfed and r^:t. ('' three <br />hundred seventy-two (372) calendar days include weekend days and holidays. <br />For the purpose of this Project, Final Completion shall be defined at that point after which <br />the City Engineer or their representative, have made and approved the Final Inspection and <br />the Punch List has been completed, and all deliverables have been provided to the City. <br />2. CONTRACT PRICE. City and Contractor wish to amend Section 4.1.1 of the Agreement <br />to provide additional compensation for the Services in an amount not to exceed Two Hundred <br />Thousand Dollars and No Cents ($200,000.00). The additional compensation provided herein will <br />bring the total Agreement not -to -exceed amount to Three Million Seven Hundred Seventeen <br />Thousand Five Hundred Thirty -Nine Dollars and Four Cents ($3,717,539.04). <br />3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, <br />all terms and conditions of the original Agreement between the parties, dated October 25, 2024 <br />shall remain in full force and effect. <br />4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions <br />contained in this First Amendment shall prevail and be given superior effect and priority over any <br />conflicting or inconsistent terms, statements, requirements, or provisions contained in any other <br />document or attachment, including but not limited to Exhibit "A." <br />[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br />MBR CONSTRUCTION, INC. — FIRST AMENDMENT Pagel of 3 <br />