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CITY OF SUNNY ISLES BEACH THIRD AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH & ASSOCIATES, INC. CONTRACT NO.: C0708-039 THIS THIRD AMENDMENT is made and entered into this ~ ,.stday of February 2008, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and BEISWENGER, HOCH & ASSOCIATES, INC., a Florida corporzttion located at 1190 N.E. 163rd Street, North Miami Beach, Florida 33162, (hereinafter referred to as "Consultant"), whose Federal 1.0. # is 59- 0751610. WHEREAS, pursuant to Resolution No. 2003-628, adopted on December 18, 2004, the City Commission approved an Agreement with Consultant ("Consultant Agreement"), to provide design and technical assistance services for the City's Central Island Drainage and Street Improvement Project ("Central Island Drainage Project"), in an amount not to exceed One Hundred Sixty Seven Thousand Forty Dollars ($167,040.00); and WHEREAS, pursuant to Resolution No. 2006-1025 adopted on December 14, 2006, the City Commission approved a First Amendment to the Consultant Agreement to provide design and technical assistance services for the Central Island Drainage Project, in an amount not to exceed Twenty-Four Thousand Ten Dollars ($24,010.00); and WHEREAS, pursuant to Resolution No. 2008-1202 adopted on January 17, 2008, the City Commission approved a Second Amendment to the Consultant Agreement to provide the necessary updates to the existing plans and technical assistance required to add curb and gutter within the right of way limits for the Central Island Drainage Project and post design services for a total amount not to exceed One Hundred Sixteen Thousand Eight Hundred Forty Dollars ($116,840.00); and WHEREAS, the Consultant has submitted a proposal dated January 23,2008, to provide project management and engineering testing and quality control services for the construction of the Central Island Drainage Project, for a total amount not to exceed Two Hundred Seventy Eight Thousand Three Hundred Fifty Five Dollars ($278,355.00), as more fully described in Attachment "A". NOW THEREFORE, in consideration of the premises and the mutual covenants herein stated, the parties hereto agree as set forth below: 1. AMENDMENT TO SCOPE OF SERVICES: Consultant shall provide project management and engineering testing and quality control services for the construction of the Central Island Drainage Project, as more fully described in Attachment "A". 2. COST: The Consultant agrees that services shall be provided strictly on a hourly basis per Attachment "A", and under no conditions shall the total cost exceed Two Hundred Seventy Exhibit "A" C0708-039 Third Amendment - Central Island C