2007/06/27 Council Agenda Packet

N AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND KCM, Inc. dba Tetra Tech/KCM, Inc. WHEREAS, ECS Engineering, Inc. (ECS) is under contract to the City of Everett(City) for the following Professional Services Agreement: Power Underground at the Water Filtration Plant (135-05165/#05165.1), dated the 12th day of September, 2005 (the "Agreement"); WHEREAS, ECS was acquired by KCM, Inc. dba Tetra Tech/KCM, Inc. (Tt/KCM), January 2, 2006, and ECS conveyed, transferred and assigned all rights, titles to Tt/KCM; WHEREAS, ECS is requesting the City to consent to the assignment of the aforementioned contract to Tt!KCM; WHEREAS, Tt/KCM agrees to perform all covenants, conditions and obligations required by City under said Agreements and agrees to defend, indemnify and hold City harmless from any liability or obligation under said Agreement, Tt/KCM further agrees to hold City harmless from any deficiency or defect in the legality or enforceability of the terms of said agreements; WHEREAS,the City desires continued assistance for such services, the City hereby assigns all right, title and interest from ECS Engineering, Inc. in said agreements to KCM, Inc. dba Tetra Tech/KCM; NOW THEREFORE, The City and TetraTech/KCM agree to amend and modify the Agreement as follows: 1. The contract completion date for the Agreement as written in Paragraph 3 is changed to July 31, 2008. 2. Total compensation remains unchanged. 3. Scope(power reliability study) remains unchanged 4. The effective date of this Amendment is July 1, 2007. 5. All terms, conditions, and provisions of the Agreement remain in full force and effect except as expressly modified by this Amendment. 2 CITY OF EVERETT KCM, Inc dba • .. Tec r ' ,Inc B Ado Y BY goy Ray Stephanson Mayor Printed Name: (7,4-r/ii7 ,/_ Dated: Title: (/ c1' - Dated: 5i1 O7 ATTEST: APPROVED AS TO FORM: By By Sharon Marks Elmer E. "Ned" Johnston, Jr., City Clerk City Attorney Dated: Dated: I Page 1 of 1