Reso 2017-2665 - Laserfiche WebLink

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aG'SUNNY sEfB � n 1f'Df�.•FLO ',� AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH "��.0° AND EBSARY FOUNDATION CO. CONTRACT NO. C6154-1617-038 (A/K/A AGREEMENT #3) THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this (lr, day of ,F63,0tyks, 2017, by and between the City of Sunny Isles Beach (the "City") and Ebsary Foundation Co., a Florida Corporation (the "Contractor"), a corporation authorized to do business in the State of Florida whose Federal I.D. # is 59-0229150. WITNESSETH: WHEREAS, the City issued Request for Proposal No. 14-09-01 ("RFP") for construction of the North Bay Road Pedestrian Emergency Bridge, and Contractor was selected as the lowest responsible, responsive bidder; and WHEREAS, Contractor agrees to comply with the requirements of the Economic Development Transportation Project Fund Agreement between the City and the Florida Department of Transportation ("FDOT"), incorporated herein by reference; and WHEREAS, City staff has recommended that the City enter into a new Agreement with Contractor to provide the following Services in connection with RFP No. 14-09-01 for the North Bay Road Pedestrian Emergency Bridge: finish grade, road bed, asphalt, pavers, decorative fencing, hardscape, permanent safety elements, electrical system, administration, contingency and associated fees ("Services"); and WHEREAS, the City Commission has determined that it is in the City's best interests to enter into and approve this Agreement for Contractor to provide the above described Services; and WHEREAS, the City wishes to enter into this Agreement with Contractor to perform the Services in a total amount not to exceed Eight Hundred Twenty Three Thousand Ten Dollars and Ninety Five Cents ($823,010.95), as more fully set forth in Contractor's Proposal, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 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. SSB