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Second Amendment Engineering Consultant Agreement with Marlin Engineering, Inc. OF SUt<l THIS SECOND AMENDMENT ("Second Amendment) to the Engineering Consultant Agreement Contract No. 03-91823-04 ("Agreement") 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 referred to as "Consultant") is entered into this '14kday of '- ) llA\..L 2005,. RECITALS WHEREAS, pursuant to Resolution No. 2003-538, adopted on April 24, 2003, the City contracted with Consultant to advise and assist with roadway improvements with respect to the re- development of Sunny Isles Boulevard/SR826; and WHEREAS, pursuant to Resolution No 2003-606, adopted on October 23, 2003, the City Commission authorized an amendment to the Agreement to permit the consultant to perform additional work related to the subsurface utility exploration ("First Amendment"); and WHEREAS, in relation to the project, redeveloping Sunny Isles Boulevard, the City has requested that Consultant provide additional services ("Additional Services") by: 1) converting the project's landscape and lighting files from an AutoCADD format to a Florida Department of Transportation approved format and 2) performing the work necessary to upgrade the pedestrian signals located within the project area. 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 and workmanlike and professional manner and to perform the Additional Services designated in Exhibit "A" attached hereto, which is incorporated herein by reference. The Additional Services described in Exhibit "A" shall be performed by Contractor to the full satisfaction of the City. 3. TERM: The initial term of the Agreement is hereby extended until April 30, 2006. 4. COMPENSATION: Payment to Contractor for all charges for the Additional Services shall be in accordance with the Agreement and in accordance with the schedule of charges or tasks reflected in Exhibit "A". The Contractor shall make no other charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. SIB