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O S,,iNY. AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND LYNX CONSTRUCTION MANAGEMENT, LLC ye D9>. FIOP O' ' CONTRACT NO. C1314 -033 TI IS AGRE�MENT (hereinafter referred to as the "Agreement ") is made in duplicate, this Zd day of (U-Q4 2014, by and between the City of Sunny Isles Beach (the "City ") and Lynx Construction Management, LLC, a Florida Corporation (the Contractor "), a corporation authorized to do business in the State of Florida whose Federal I.D. # is 26.3to 4o33 WITNESSETH: WHEREAS, the City issued Request for Proposal ( "RFP ") No. 13 -10 -02 ( "RFP ") for construction of the wall under the William Lehman Causeway (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 Four Hundred Eighty Four Thousand Six Hundred Five Dollars ($484,605.00). 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. 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, Request for Proposal No. 13- 10 -02, any Addenda to the Request for Proposal including the Supplemental Terms and Conditions dated 9/23/13, Exhibit "A"