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4 <br /> AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN <br /> THE CITY OF EVERETT <br /> AND <br /> BROWN & CALDWELL <br /> The City and Brown &Caldwell agree to amend and modify their professional services <br /> agreement dated April 22, 2004 (the "Agreement") as follows: <br /> WHEREAS, Brown & Caldwell entered into an Agreement dated April 22, 2004 to provide. <br /> engineering design and construction support services for a new disinfection facility at the Everett <br /> Water Filtration Plant; and <br /> WHEREAS, the Agreement is likely to expire prior to completion of those projects and the <br /> parties expect the work to be complete by January 31, 2008; and <br /> WHEREAS, the total amount of compensation stated in the Agreement is insufficient for the <br /> remainder of the projects and additional $116,070 of contract value is needed to complete the <br /> projects; and <br /> WHEREAS, the City of Everett desires continued assistance from Brown & Caldwell for such <br /> services on those projects; and <br /> WHEREAS, the City of Everett desires additional assistance from Brown & Caldwell for such <br /> services on additional projects described in Exhibit A to Amendment No. 1; and <br /> WHEREAS, the City and Brown & Caldwell agree to amend their Agreement to: (a) extend the <br /> time for completion from December 31, 2005 to January 31, 2008 and(b) increase the maximum <br /> compensation by an additional $116,070 from the current contract level of$348,167 to <br /> $464,237; <br /> NOW THEREFORE, the City of Everett and Brown & Caldwell agree to amend and modify the <br /> previously amended Agreement as follows: <br /> 1. Paragraph 3 of the Agreement is amended to read as follows: <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall <br /> commence as of the date of execution of this Agreement and shall be completed by <br /> January 31, 2008. <br /> 2. • Paragraph 4(D) is modified to read as follows: <br /> 4(D). Total compensation, including all services and expenses, shall not exceed a <br /> maximum of Four Hundred Sixty-Four Thousand Two Hundred and Thirty-Seven <br /> Dollars ($464,237.00). <br /> 3. Additional work is described in Exhibit A to Amendment No. 1 <br /> C:\Documents and Settings\cmcguire\Local Settings\Temporary Internet Files\OLKA9\PSA-Hypo-Amndmnt_No_Ldoc(Y7 7/15/1999) <br />