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Amendment 1 V Engineering & Consulting Group 1 CIA AMENDMENT NO. 1 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND V ENGINEERING & CONSULTING CORP. CONTRACT NO. 2014-094-ITB-SR, DATED APRIL 30, 20149 FOR MIAMI BEACH GOLF COURSE DRAINAGE REMEDIATIONS ("CONTRACT") CONTRACT This Amendment No. 1 to the Contract is made and entered into this 1 r� day of by and between the City of Miami Beach, Florida (City), and V Engineering & Consulting Corp. (Contractor), and hereby amends the Contract as follows: 1. Section 2.2 of the Contract is amended as follow: 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hURd-r°'' and- twenty (020) ra!eRdaF a nine (90) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. 2. Section 2.2 of the Contract is amended as follow: 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of ) five hundred-dollars 500.00 for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of dollars ($1,400.00) five hundred-dollars ($500.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 3. All other terms and conditions of the Contract shall remain unchanged and full force and effect. 1 S 1 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CI Y OF MIAMI BEACH Ci Clerk `�,... ••[. r [If incorporated sign be v INC ARP � CRATED. Contractor ATTEST:'' N -;% � , �6 a e o Corporation) By: (Secretary) (Signature) (Corporate.Seal) (Print Name and Title) 7 day of �� , 20 l VIA APPROVED AS TO FORM&LANGUAGE kFOR EXECUTION r 1 City Attorney Date 2