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selNY�5[ <br /> F FJ <br /> O " O <br /> 7 <br /> •U •1;_ .af <br /> • <br /> FIOP\OAGREEMENT BETWEEN THE CITY OF SUNNY ISLES <br /> °F 511. BEACH AND EBSARY FOUNDATION CO. <br /> CONTRACT NO. C6154-1617-037 (A/K/A AGREEMENT #2) <br /> THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, <br /> this I.(p day of f612764P { 2017, by and between the City of Sunny Isles <br /> Beach (the "City") and Ebsaryl Foundation Co., a Florida Corporation (the "Contractor"), a <br /> corporation authorized to do business in the State of Florida whose Federal I.D. # is 59-0229150. <br /> WITNESSETH: <br /> WHEREAS, the City issued Request for Proposal No. 14-09-01 ("RFP") for construction of <br /> the 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: bridge approaches, MSE walls, road bed support, <br /> administration, contingency and associated fees ("Services"); and <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 One Million Seven Hundred Ninety Six Thousand Six <br /> Hundred Seventy Three Dollars and Forty Five Cents ($1,796,673.45), as more fully set forth in <br /> Contractor's Proposal, a copy of which is attached hereto as Exhibit "A" and incorporated herein <br /> 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 />