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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />WHEREAS, the Contractor continues to be qualified, willing and able to provide the <br />Services on the terms and conditions set forth herein; and <br />WHEREAS, the City wishes to contract with Contractor to complete the remaining Work <br />as more particularly described in the Contract Documents for the remaining unexpended fixed sum <br />of Five Hundred Nine Thousand Four Hundred Eighty -Five Dollars and Forty -Five Cents <br />($509,485.45), and the remaining contingency amount, if necessary, of Four Hundred Sixteen <br />Thousand Three Hundred Seventy -Six Dollars and Sixty Cents ($416,376.60), for a total not -to - <br />exceed amount of Nine Hundred Twenty -Five Thousand Eight Hundred Sixty -Two Dollars and <br />Five Cents ($925,862.05), which amounts were previously approved by the City Commission via <br />Resolution No. 2023-3557; <br />NOW THEREFORE, in consideration of the promises and the mutual covenants set forth <br />herein, 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 <br />is a part, consists of the Contract Documents. It shall be effective on the date this <br />Contract 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 Agreement, the Bid Documents <br />(Invitation to Bid No. 23-05-02, the "ITB"), the Specifications, the Drawings, the Plans, <br />addenda to the ITB, Contractor's Response to ITB, all of which are attached hereto <br />as Attachment "A" and incorporated herein by reference, as well as any Addenda, <br />any Supplemental Conditions, all Change Orders and Field Orders issued hereinafter, any <br />other amendments hereto executed by the parties hereafter. <br />1.3 Entire Agreement <br />1.3.1 This Contract, together with the Contract Documents and Contractor's bond <br />for the Project, constitute the entire and exclusive agreement between the City and the <br />Contractor with reference to the Project. Specifically, but without limitation, this <br />Contract supersedes all prior written or oral communications, representations, and <br />negotiations, if any, between the City and the Contractor. <br />1.4 No Privity with Others <br />1.4.1 Nothing contained in this Contract shall create, or be interpreted to create <br />privity or any other contractual agreement between the City and any person or entity other <br />than the Contractor. <br />1.5 Intent and Interpretation <br />COMTECH ENGINEERING, INC. <br />