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OSUNNY JS4f9 F n u x ". CONSTRUCTION AGREEMENT BETWEEN THE CITY OF SUNNY F ISLES BEACH AND MBR CONSTRUCTION, INC. ,O CFty OF SUN F CONTRACT NO. 2024-8869-2 THIS CONTRACTUAL AGREEMENT is made and entered into this 2 day of October, 2024, by and between CITY OF SUNNY ISLES BEACH, a municipal corporation of the State of Florida (hereinafter referred to as "the City") and MBR CONSTRUCTION, INC., a Florida Corporation, whose Federal Employer Identification (FEI) No. is 65-0373938 (hereinafter referred to as the "Contractor"), for the construction of two lighted tennis courts, an operations building and community park with walking paths and workout stations, and associated landscape and irrigation at Intracoastal Sports Park, located at 158th -159th St and Collins Avenue (hereinafter referred to as the "Project" or the "Work"), the City and the Contractor hereby agreeing as follows: RECITALS WHEREAS, the City issued Invitation to Bid ("ITB") No. 24-07-01, entitled "Construction of Intracoastal Sports Park," as more particularly described in Attachment "A," a copy of which is attached hereto and incorporated herein by reference, for the construction of two lighted tennis courts, an operations building and community park with walking paths and workout stations, and associated landscape and irrigation at Intracoastal Sports Park, located at 158th -159th St and Collins Avenue; and WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest responsible and responsive bid; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Contractor has agreed to provide the Services, as more particularly described in Contractor's Response, a copy of which is attached hereto and incorporated herein by reference as Attachment `B;" and WHEREAS, the City wishes to contract with Contractor to provide the desired Services, as more particularly described in the Contract Documents, as defined herein, for Three Million One Hundred Ninety -Seven Thousand, Seven Hundred Sixty -Two Dollars and Seventy -Six Cents ($3,197,762.76), plus Three Hundred Nineteen Thousand Seven Hundred Seventy -Six Dollars and Twenty -Eight Cents ($319,776.28) for contingency, if necessary, resulting in a total not -to -exceed amount of Three Million Five Hundred Seventeen Thousand Five Hundred Thirty Nine Dollars and Four Cents ($3,517,539.04); NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: MBR CONSTRUCTION, INC. Pagel of 41 150