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RESOLUTION NO. 2017- -7,-475- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AGREEMENT #3 WITH EBSARY FOUNDATION CO. FOR THE THIRD PHASE OF THE CONSTRUCTION OF THE NORTH BAY ROAD PEDESTRIAN EMERGENCY BRIDGE, IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED TWENTY THREE THOUSAND TEN DOLLARS AND NINETY FIVE CENTS ($823,010.95), IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Sunny Isles Beach(the "City") issued and advertised RFP No. 14- 09-01 for construction of the North Bay Road and Ebsary Foundation Co. ("Contractor") was selected as the lowest responsible, responsive bidder; and WHEREAS, on November 19, 2015, via Resolution No. 2015-2491, the City Commission awarded Bid No. 14-09-01 to and entered into an Agreement with Contractor for construction of the North Bay Road Pedestrian Emergency Bridge in a total amount not to exceed Six Million Twenty Six Thousand Seven Hundred Sixteen Dollars and Eighty Five Cents($6,026,716.85); and WHEREAS,the City and the State of Florida, Department of Transportation, subsequently entered into an Economic Development Transportation Project Fund Agreement, in order to provide the City with a grant of Five Hundred Thousand Dollars ($500,000.00) from the State of Florida's Economic Development Transportation Projects for North Bay Road Emergency Pedestrian Bridge; and WHEREAS,the Economic Development Transportation Project Fund Agreement provides conditions necessary for the release of the $500,000.00 to the City, including new, additional terms and conditions required by the State relative to the Agreement between the City and Contractor for the North Bay Road Pedestrian Emergency Bridge; and WHEREAS, in order to receive this $500,000.00 state grant from the State of Florida, it is necessary to cancel the existing Agreement between City and Contractor and enter into three (3) separate Agreements for the North Bay Road Pedestrian Emergency, each one covering separate scope of services relative to this project; and WHEREAS, the City and Contractor wish to cancel the existing Agreement between the City and Contractor for the North Bay Road Emergency Pedestrian Bridge approved by the City Page I of 3 Reso Approving Agreement#3 with Ebsary Foundation Co.