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. a YlJ ~ AGREEMENT BETWEEN THE n{;y OF SUNNY ISLES BEACH AND KIMLEY-HORN t.ASSOCIATES, INC. FOR TRAFFIC ENGINEERING SERVICES CONTRACT NO. Cll12-005 THIS SERVICE AGREEMENT ("Agreement") entered into this 2?/~ay of DeaO'>'! &u 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and KIMLEY-HORN .&a..,d @ ASSOCIATES, INC., authorized to do business in the State of Florida (hereinafter referred to as t"" "Consultant"), whose Federal J.D. # is s.Co- oes $(0/..5 RECITALS WHEREAS, the City is in need of a consultant to provide traffic engineering services for the capital project for the improvement of conditions at the intersection of 183rd Street and Collins A venue ("Services"); and WHEREAS, the City issued Request for Qualifications No. 11-11-01 to perform traffic engineering services, and Consultant submitted a response thereto; and WHEREAS, Consultant has expressed the ability and desire to provide theses Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into this Agreement with Consultant to provide the Services in the amount not to exceed Nineteen Thousand Nine Hundred Dollars ($19,900.00), as more fully described in Attachment "A", which is attached hereto and incorporated herein by reference. NOW THEREFORE, in consideration of the premises and the mutual covenants herein . names, the parties agree as follows: TERMS 1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2. SERVICES: Consult~t agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A". The Services shall be performed by Consultant to the full satisfaction of the City. Consultant 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. Consultant 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. Consultant 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 Consultant fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Consultant agrees to indemnifY Sin C1112-005 KlMLEY-HORN & ASSOCIATES, INe. AGREEMENT Page I of8