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P, r <br />OS,NfiY Ir`�l@ <br />F <br />AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND <br />'-. THE STOUT GROUP. LLC <br />CONTRACT NO. 2022-7741 <br />f Of fUtt <br />THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the <br />"Agreement") is made in duplicate, this -R iay of , 2022, by and between the CITY <br />OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and THE STOUT <br />GROUP, LLC, a corporation authorized to do business in the State of Florida (hereinafter <br />referred to as "Contractor") whose Federal I.D. # is 45-5312119. <br />RECITALS <br />WHEREAS, the City is in need of a contractor to provide installation and <br />construction of utility undergrounding in the Golden Shores neighborhood, as well as two <br />sub -projects for sidewalk along Atlantic Avenue connecting to Collins Avenue, and for an <br />Urban Walkway project along Collins Avenue between south of 189th Street and 191st <br />Street ("Work"); and <br />WHEREAS, the City issued an Invitation to Bid, ITB 21-08-01, which was titled <br />"Utility Undergrounding for Golden Shores"; and <br />WHEREAS, upon evaluation, Contractor was determined to have submitted the <br />lowest responsible and responsive bid; and <br />WHEREAS, the City wishes to contract with Contractor to provide the desired Work <br />as more particularly described in the Contract Documents as defined below for a total <br />amount not to exceed Five Million Eight Hundred Fifty -Eight Thousand Four Hundred <br />Seventy -Seven Dollars and Eighty -Seven Cents ($5,858,477.87), which amount includes a <br />contingency of Three Hundred Seventy -Five Thousand Dollars ($375,000.00). <br />NOW THEREFORE, in consideration of the promises and the mutual covenants <br />herein named, the parties agree as follows: <br />ARTICLE I <br />THE CONTRACT AND THE CONTRACT DOCUMENTS <br />1.1 The Contract <br />1.1.1 The Contract between the City and the Contractor, of which this Contract is <br />a part, consists of the Contract Documents. It shall be effective on the date this Contract <br />is executed by the last party to execute it. <br />1.2 The Contract Documents <br />1.2.1 The Contract Documents consist of this Contract, the Bid Documents (Invitation <br />to Bid No. 21-08-01, the "ITB"), the Specifications, the Drawings, the Plans, addenda to <br />the ITB, Contractor's Response to ITB, Post -Bid Interview Minutes, all of which are <br />attached hereto as Attachment "A" and incorporated herein by reference, as well as <br />any Addenda, any Supplemental Conditions, all Change Orders and Field Orders issued <br />hereinafter, any other amendments hereto executed by the parties hereafter, together with <br />the following (if any): <br />