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� SUNNY SFB <br />t � x <br />FIRST AMENDMENT TO THE CONSTRUCTION CONTRACT <br />Fr FL o BETWEEN THE CITY OF SUNNY ISLES BEACH AND <br />ap sUN N <br />WAYPOINT CONTRACTING, INC. <br />CONTRACT NO.2025-9051 <br />THIS FIRST AMENDMENT TO THE CONSTRUCTION CONTRACT between the <br />CITY OF SUNNY ISLES BEACH, Florida ("City") and WAYPOINT CONTRACTING, <br />INC. whose Federal Employer Identification (FEI) No. is 81-4602789 ("Contractor"), executed <br />this t " day of February 2026, is made a part of the original Construction Contract between <br />the City and Contractor, dated April 22, 2025, attached hereto as Exhibit "1" and incorporated <br />herein by reference ("Contract"). The City and Contractor hereby agree as follows: <br />1. CONTRACT TIME. City and Contractor wish to amend Section 3.1.1 of the Contract, <br />as follows: <br />The City shall notify the Contractor in writing of the date on which the Work shall begin <br />("the Notice to Proceed Date"). The Contractor shall commence site activities on the Notice <br />to Proceed Date, and the Work shall be carried on regularly and without interruption. The <br />Contractor shall achieve Substantial Completion of the Work no later than Two <br />July 17, 2026. The <br />number of calendar days from the Notice to Proceed Date, through the date set forth for <br />Substantial Completion, shall constitute the "Contract Time." The Contractor shall <br />furthermore achieve Final Completion of the Work no later than '''hiFty <br />Days after the date of Substantial C tion.August 23, 2026. <br />2. CONTRACT PRICE. City and Contractor wish to amend Section 4.1.1 of the Contract, <br />as follows: <br />The City shall pay, and the Contractor shall accept, as full and complete payment for all of <br />the Work required herein, the fixed sum of Three Million Seven Hundred Twenty <br />Thousand Three Hundred Sixty -Five Dollars and No Cents ($3,720,365.00), plus wee <br />Five Hundred Ninety -Nine Thousand One Hundred Eight Dollars and Ne Seventy -Eight <br />Cents ($300,000.00 $599,108.78) for contingency, if necessary, resulting in a total not - <br />to -exceed amount of Four Million Tweaty Three Hundred Nineteen Thousand qlb-,ee Four <br />Hundred wive Seventy -Three Dollars and Ne Seventy -Eight Cents ( . <br />$4,319,473,78). The sum set forth in this Paragraph 4.1.1 shall constitute the Contract Price <br />which shall not be modified except by Change Order as provided in this Contract. <br />3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, <br />all terms and conditions of the original Contract 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 "1." <br />IN WITNESS WHEREOF, the parties hereto have executed this document as of the date <br />mentioned above. <br />WAYPOINT CONTRACTING, INC. — FIRST AMENDMENT Page 1 of 3 <br />