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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />WHEREAS, the City Commission wishes to employ Consultant to perform the desired <br />civil engineering services, for a total amount not to exceed $441,303.00 as more particularly <br />described in Attachment "A", which is attached hereto and made a part hereof. <br /> <br />NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, <br />representations and warranties and other good and valuable consideration, the receipt and <br />adequacy of which is hereby acknowledged, the parties agree as follows: <br /> <br />1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement <br />and made a part hereof for reference. <br /> <br />2. SERVICES. Consultant shall provide to the City consulting engineering services for <br />the plans design, including engineering specifications and permitting documents, for the <br />demolition and reconstruction of the Pier, as more fully described in Attachment "A". <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth in Paragraph 12 hereunder, the term of this Agreement shall commence upon execution <br />date of this agreement and shall terminate upon completion of the services more fully described <br />in Attachment "A", with an anticipated completion date not to exceed 12 (twelve) months. The <br />term of this Agreement may be extended for an additional term at the option of the City. <br />Payment will be made only for work completed to the satisfaction of the City. Consultant is to <br />commence performance of work on the Commencement Date and continue in a diligent manner <br />until work is complete. Consultant acknowledges that compliance with the commencement and <br />completion schedule is the essence of this Agreement. The terms of Sections 9 and 10 entitled <br />"Compliance with Law" and "Indemnification and Waiver of Liability" respectively, shall <br />survive termination of this Agreement. <br /> <br />4. COMPENSA TION. Payment to Consultant for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br />Attachment "A", which fee shall be disbursed on a monthly basis and under the following <br />conditions: <br /> <br />a. Disbursements. There are no reimbursable expenses associated with this <br />Agreement. <br /> <br />b. Payment Schedule. Invoices received from the Consultant pursuant to this <br />Agreement will be reviewed by the initiating City Department. If services have <br />been rendered in conformity with the Agreement, the invoice will be sent to the <br />Finance Department for payment. Invoices must reference the contract number <br />assigned hereto. Invoices will be paid in accordance with the State of Florida <br />Prompt Payment Act. <br /> <br />C0708-036 MARLIN ENGINEERING, INC. 2 <br />