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CITY OF SUNNY ISLES BEACH & MARLIN ENGINEERING, INC. PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR NORTH BAY ROAD & TOWN CENTER PARK PROJECT CONTRACT NO. 0607-098 THIS SERVICE AGREEMENT ("Agreement") entered into this 2\$~ay of \ \L0\..l. 2007, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and MARLIN ENGINEERING, INC., authorized to do business in the State of Florida (hereinafter referrcd to as "Contractor"), whose Federal I.D, # is RECITALS WHEREAS, the City is in need of a contractor to provide professional design services to support the City of Sunny Isles Beach for the design of the North Bay Road Pedestrian and Emergency Vehicles Bridge, and the Town Center Park Observation Deck and Boardwalk, ("Services"); and WHEREAS, on May 31, 2007, Contractor submitted a proposal to the City to provide the requested Services for a total amount not to exceed Seven Hundred and Fatty-Nine Thousand Five Hundred and Fifty-Four Dollars and Sixty-Six Cents ($749,554,66); and WHEREAS, after reviewing proposals submitted by seven (7) firms in response to the City's Request For Proposal, the City desires to contract with Contractor to provide these Services, as more fully described in Attachment "A", which is attached hereto and made a part hcreof. NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: TERMS I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof, 2, SERVICES: Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference, The Services shall be performed by Contraetor to the full satisfaction of the City, Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly, Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons, Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed, In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the C0607-099 Marlin Engineering, Inc. Professional Engineering Services Agreement S\B