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AMENDMENT NO. 1 <br />PROFESSIONAL SERVICES AGREEMENT <br />BETWEEN THE CITY OF EVERETT <br />AND DKS ASSOCIATES - PW3783-10-12 <br /> <br /> <br /> This Amendment No. 1 is dated for reference purposes February 20, 2022. It is by <br />and between the City of Everett, a municipal corporation under the laws of the State of <br />Washington (“City”) and DKS Associates (“Service Provider”). <br /> <br />RECITALS <br /> <br /> A. The City and Service Provider are parties to the Professional Services <br />Agreement dated March 28, 2022 (the “Agreement”). <br /> <br /> B. The City and the Service Provider desire to amend the Agreement for the <br />purpose of additional consulting services in support of the traffic signal modifications at <br />Evergreen Way and 79th Pl SE. <br />. <br /> <br />AMENDMENT TO THE AGREEMENT <br /> <br />The City and Service Provider agree as follows: <br /> <br />1. The Agreement is modified so that time of completion is as follows: <br /> <br />Time of Beginning and Completion of Performance: This Agreement shall <br />commence as of the date of execution of this Agreement and shall be <br />completed by December 31, 2023. <br /> <br />2. The Agreement is modified so that total compensation, including all services and <br />expenses, shall not exceed $162,372. Including $106,487, which is the original not <br />to exceed amount and the amount shown in Exhibit B ($55,885). <br /> <br />3. The Work is modified to add the Work shown in Exhibit A to this Amendment. <br /> <br />4. Regardless of the date(s) on which this Amendment is signed by the parties, and <br />regardless of any Agreement completion date(s) that may have been in the <br />Agreement prior to this Amendment, the parties agree that the Agreement has been <br />continuously in effect since March 28, 2022. <br /> <br />5. This Amendment may be signed in counterparts, each of which shall be deemed an <br />original, and all of which, taken together, shall be deemed one and the same document. <br />Execution of this Amendment by a party shall be legally valid and effective by (i) <br />executing a paper copy, (ii) execution by AdobeSign or DocuSign or other e- <br />signature method, or (iii) transmitting an executed copy by email or otherwise in <br />pdf format or other electronically scanned format. <br />