2006/02/15 Council Agenda Packet

3 . AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND BERGER/ABAM Engineers Inc. The City and BERGER/ABAM Engineers Inc. ("BERGER/ABAM") agree to amend and modify their professional services agreement dated November 12, 1997 (the"Agreement") as follows: WHEREAS, BERGER/ABAM and the City entered into an Agreement dated November 12, 1997 ("Agreement")to provide professional services for the design of the Panther Creek Screenhouse and Portal No. 3 Project; and WHEREAS, the parties amended the Agreement on January 26, 2001 to revise the Scope of Work and to extend the time for completion to December 31, 2003; and WHEREAS, the parties again amended the Agreement on May 24, 2004 to extend the time for completion to June 30th, 2006; and WHEREAS, the City desires to expand the Scope of Work to improve operation performance of the screenhouse and to comply with regulatory requirements; and WHEREAS the total amount of compensation stated in the Agreement as amended is likely insufficient for the remainder of the project and additional $67,186 of contract value is needed to complete the project; and WHEREAS the Agreement as amended is likely to expire prior to completion of the project and the parties expect the work to be competed by December 31, 2006; and WHEREAS, the City and BERGER/ABAM agree to amend their Agreement to: (a) extend the time for completion from June 30, 2006 to December 31, 2006 and (b)increase the maximum compensation by an additional $67,186 from the current contract level of$756,804 to $823,990 to improve operations performance and to comply with regulatory requirements. NOW THEREFORE, the City of Everett and BERGER/ABAM agree to amend and modify the previously amended Agreement as follows: 1. The following work is added to the Scope of Work described in Exhibit A of the Agreement: See attached Exhibit A-2 2. Section 3 is modified to read as follows: Revise the completion date to December 31, 2006 0 1