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SUNNY ge <br /> seC➢ .FLOP'aoti <br /> AGREEMENT BETWEEN THE CITY OF SUNNY ISLES <br /> Of'"" BEACH AND EBSARY FOUNDATION CO. <br /> CONTRACT NO. C6154-1617-036 (A/K/A AGREEMENT #1) <br /> THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, <br /> this ((off day of - 6'(:-tif- - 2017, by and between the City of Sunny Isles <br /> Beach (the"City") and Ebsary Foundation Co., (the "Contractor"), a corporation authorized to do <br /> business in the State of Florida whose Federal I.D. # is 59-0229150. <br /> WITNESSETH: <br /> WHEREAS,the City issued Request for Proposal ("RFP")No. 14-09-01 for construction of the <br /> North Bay Road Pedestrian Emergency Bridge, and Contractor was selected as' the lowest <br /> responsible, responsive bidder; and <br /> WHEREAS, Contractor agrees to comply with the requirements of the Economic <br /> Development Transportation Project Fund Agreement between the City and the Florida <br /> Department of Transportation ("FDOT"), incorporated herein by reference; and <br /> WHEREAS, City staff has recommended that the City enter into a new Agreement with <br /> Contractor to provide the following Services in connection with RFP No. 14-09-01 for the North <br /> Bay Road Pedestrian Emergency Bridge: mobilization, MOT, demolition, drilled shafts, cast in <br /> place concrete, precast concrete structure, administration, contingency, and associated fees <br /> ("Services"); and <br /> • <br /> WHEREAS, the City Commission has determined that it is in the City's best interests <br /> to enter into and approve this Agreement for Contractor to provide the above described <br /> Services; and <br /> WHEREAS, the City wishes to enter into this Agreement with Contractor to perform the <br /> Services in a total amount not to exceed Three Million Four Hundred Seven Thousand Thirty Two <br /> Dollars and Forty Five Cents ($3,407,032.45), as more fully set forth in Contractor's Proposal, a <br /> copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. <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 on which Contractor commences on-site construction of <br /> the Project, but in no event later than five(5) days after the City's issuance of a Notice to Proceed. <br /> SIB <br />