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NNY IS( . o xmm AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH a Iy P AND COMTECH ENGINEERING, INC. e 9•FIOP\ CONTRACT NO. 2023-8525 THIS CONTRACTUAL AG F VENT (hereinafter referred to as the "Agreement") is made in duplicate, this V* day of , 2023, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and COMTECH ENGINEERING, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 65-0939997. RECITALS WHEREAS, the City is in need of a contractor to replace two (2) existing vertical storm pumps with two (2) new larger capacity vertical pumps in Golden Shores, specifically located at 19200 North Bay Road, and including the conversion of an existing generator room to house new pump controls, the installation of a new backup generator, powered by a new gas service line, on the north side of an existing pumpstation building, the removal of an existing bypass slide gate, an upgrade to an existing building fagade, and the reconstruction of the adjoining parking area ("Work"); and WHEREAS, the City issued an Invitation to Bid, ITB 23-05-02, which was titled "Golden Shores Pump Station Rehabilitation"; and WHEREAS, upon evaluation, Contractor was determined to have submitted the only responsible and responsive bid; and WHEREAS, pursuant to the City's Purchasing's Code, Chapter 62, Section 62-13, if only one responsive bid or proposal for commodity or contractual service is received, in response to an invitation for bid/proposal, an award may be made to the single bidder/proposer, if the City Manager finds the price submitted is fair and reasonable; and WHEREAS, the City wishes to contract with Contractor to provide the desired Work as more particularly described in the Contract Documents as defined below for Four Million One Hundred Sixty -Three Thousand Seven Hundred Sixty -Six Dollars and No Cents ($4,163,766.00) and a contingency amount of Four Hundred Sixteen Thousand Three Hundred Seventy -Six Dollars and Sixty Cents ($416,376.60), for a total not -to -exceed Contract Price of Four Million Five Hundred Eighty Thousand One Hundred Forty -Two Dollars and Sixty Cents ($4,580,142.60); NOW THEREFORE, in consideration of the promises and the mutual covenants herein named, the parties agree as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract 1.1.1 The Contract between the City and the Contractor, of which this Contract is a part, consists of the Contract Documents. It shall be effective on the date this Contract is executed by the last party to execute it. AUM Construction, Inc.