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Amendment 1 ) 00q- AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MCHARRY'ASSOCIATES, INC. DATED JULY 28, 2004 FOR ADDITIONAL SERVICES FOR EXTENDED CONSTRUCTION ADMINISTRATION FOR. COLLINS PARK, THROUGH THE DURATION OF CONSTRUCTION, IN A NOT TO EXCEED AMOUNT OF $16,113.38. This Amendment No. 1 to the Agreement made and entered this / / fay of r�t��' , 2011, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under th4 laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and MCHARRY ASSOCIATES, INC., a Florida Corporation, having its offices at 2780' SW Douglas Road, Miami; Florida, .33133 (hereinafter referred to as Consultant). RECITALS WHEREAS, the Mayor. and City Commission adopted Resolution No: 2004 -25652 on July 28, 2004, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Consultant for the Design and Renovation to Collins Park, for Planning, Design, Bid /Award and Construction Administration Services, in the Amount.of $657,072;(the Agreement); and WHEREAS, the Agreement provides for the detailed planning, design, bid, award and construction services to design the renovation of Collins Park, the Rotunda- building, a parking lot east of Collins Avenue, and Streetscape surrounding the Project; and WHEREAS, the term for construction administration services under the agreement was for a period of twelve (12) months; and WHEREAS, Consultant has had to perform additional services beyond the agreed term due to unforeseen required extensions of time for utility relocations; and WHEREAS, Consultant has requested additional services for extended construction administration; and WHEREAS, the City has agreed to compensate consultant for additional construction administration services, which consultant has provided for the final duration of the construction of the Project, in the amount of $16,113.38. ' NOW, THEREFORE, the parties hereto, and in. consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. 2.- MODIFICATIONS The Agreement is amended. to include "Exhibit A ", and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged: 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. f ATTEST: CITY OF MIAMI:BEACH By _. City Clerk City n Robert ;Parcher Jor e M. � 9 G. ATTEST:. CONSULTANT: MCHarry Associates, Inc. Secrets President M63 S y Prin Name Print Name. APPROVED AS TO FORM & LANGUAGE ; P ION , C -ity Date EXHIBIT A CONSTRUCTION ADMINISTRATION SERVICES Original Contract Time Commencing On Ending On Total Amount 12 Months 4/9/09 4/9/10 3 Free Months 4/9/10 7/9/10 $ - Additional Time Required . 8/9/10 10/9/10 2 Months Negotiated @ $8,000 / month,(20% Reduction from Original) $ 16,000.00 Plus Expenses $ 113.38 Total Not to Exceed $ ,16,113.38 p