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$NY ltfE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND WEST CONSTRUCTION, INC. CONTRACT NO. C1516-003 TS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this IST-:-‘ day of OC,i16e-12— 2015; by and between the City of Sunny Isles Beach (the "City") and West Construction, Inc., a Florida Corporation (the Contractor"), a corporation authorized to do business in the State of Florida whose Federal I.D. # is ($O90(0S" WITNESSETH: WHEREAS, the City issued Invitation to Bid ("ITB ') No. 15-05-01 for Samson Oceanfront Park Improvements (the "Project"), and Contractor was selected as the lowest responsible, responsive bidder; and WHEREAS, the Contractor represents to the City that it possesses the requisite qualifications, expertise and licenses to perform all necessary work in connection with the Project; 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; and WHEREAS, the City desires to enter into this Agreement with Contractor to perform the Project in a total amount not to exceed Two Million Seven Hundred Eighty Eight Thousand Seven Hundred Twenty Four Dollars and Eighty Seven Cents ($2,788,724.87). 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 specified in the Notice to Proceed from the City Manager or his designee. 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, Invitation to Bid("ITB ')No. 15-05-01, any Addenda, Supplemental Terms and Conditions, the Contractor's response to the Request for Proposal, the Bid Bond, the Payment and Performance Bond, Contractor's Schedule of Value; approved written interpretations and clarifications, Field Directives, Construction Change Directives, any Change Orders issued thereto, and any modifications, duly issued after execution of the Agreement. ATTACHMENT "B"