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CONSTRUCTION SERVICE CONTRACT o. SON THIS AGREEMENT is made and entered into this day _ of 2009 by and between the City of Sunny Isles Beach (the "City") and a Florida Corporation (the Contractor"). WITNESSETH: WHEREAS, the City issued Request for Qualifications No. 09-03-01 ("RFQ") for Professional Construction for the Heritage Park and Parking Garage (the "Project"), and Contractor was selected as the lowest responsible, responsive bidder, whose bid best served the interest of and represented the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code, to perform the professional construction services; and WHEREAS, the Contractor represents to the City that it possesses the requisite qualifications, expertise and licenses to perform the professional construction services; and WHEREAS, the City Commission has determined that it is in the City's best interests to enter into and approve this Agreement with the Contractor for the Project. NOW THEREFORE, in consideration of the foregoing, and the mutual covenants and compensation set forth herein, the City and Contractor agree as follows: ARTICLE 1. DEFINITIONS Agreement means this Agreement together with the Contract Documents. Bond(s) means the Payment Bond and the Performance Bond issued by a surety or sureties in accordance with the provisions of the Contract Documents. Commencement Date means the date on which Contractor commences on-site construction of the Project, but in no event later than five (5) days after the City's issuance of a Notice to Proceed. Contract Amount means the total sum of monies which has been agreed to between the Contractor and the City as the total price for the construction of the Project and the performance of all services under this Agreement. Contract Documents means this Agreement, the Request for Qualifications, any Addenda to the Request for Qualifications, the Successful Contractor's response to the Request for Qualifications, the Bid Plans and Specifications prepared by Spillis-Candela-DMJM, as well as the documents specifically identified in Article 14 below. Contract Time means the time period defined in this Agreement for the Contractor to complete the Work. Contractor means the Successful Contractor selected by the City to provide all labor, materials, equipment and services to complete the Work described in the Contract Documents. Contractor Project Manager means the person designated by Contractor as its lead representative to the City. The Contractor Project Manager shall have the authority to obligate 23