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Otso4NY,,,,s, .q AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND FLORIDA ENGINEERING AND °a, ,o- DEVELOPMENT CORPORATION Cif`Of.0..0° UN NO CONTRACT NO. C1415-057 T IIS AGRE MENT (hereinafter referred to as the "Agreement") is made in duplicate, this 1(0 day of +q)c-41.-- 2015, by and between the City of Sunny Isles Beach (the "City") and Florida Engineering and Development Corporation (the "Contractor"), a corporation authorized to do business in the State of Florida whose Federal I.D. # is '53•034S69 O . WITNESSETH: WHEREAS,the City issued Request for Proposal("RFP")No. 14-11-01 ("RFP")to construct the N.E. 174th Street Roadway Improvements Project consisting of drainage enhancements, sidewalk repair,roadway reconstruction and milling/resurfacing,bicycle lane striping, irrigation and landscaping ("Work")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 the Work; 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 Work; and WHEREAS, the City desires to enter into this Agreement with Contractor to perform the Work in a total amount not to exceed Two Million Nine Hundred Sixty Five Thousand Seven Hundred Fifty Dollars and Twenty Cents ($2,965,750.20). 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 specified in the Notice to Proceed from the City Manager or his designee. 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 Work and the performance of all services under this Agreement. Contract Documents means this Agreement, Request for Proposal ("RFP") No. 14-11-01, any Addenda, Supplemental Terms and Conditions, the Contractor's response to the Request for Proposal,the Bid Bond,the Payment and Performance Bond, approved written interpretations and clarifications, Field Directives, Construction Change Directives, any Change Orders issued thereto, and any modifications, duly issued after execution of the Agreement.