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CITY OF EVERETT FEASIBILITY STUDY <br />AND CLEANUP ACTION PLAN <br />AMENDMENT NO. 5 <br />The City of Everett and Kleinfelder, Inc. agree to amend and modify their professional services <br />agreement dated April 27, 2006 (the "Agreement") as follows: <br />WHEREAS, Kleinfelder and the City entered into an agreement dated April 27, 2006 <br />("Agreement") to provide a Feasibility Study and Cleanup Action Plan for City -owned property <br />located at the terminus of Bond Street; and <br />WHEREAS, the total amount of compensation of $35,860 stated in the agreement and the <br />subsequent amendments is insufficient for the additional work and an additional $36,140 of <br />contract value is needed to perform the additional work for a total of $72,000; <br />WHEREAS, the City of Everett desires continued assistance from Kleinfelder for such services <br />on those projects; and <br />WHEREAS, the City of Everett and Kleinfelder agree to amend their Agreement to extend the <br />time of completion from June 1, 2008 to June 1, 2009 and <br />NOW THEREFORE, the City of Everett and Kleinfelder agree to amend and modify the <br />Agreement as follows: <br />1. The additional work as described in Attachment 1 is added to the Scope of Work <br />described in Exhibit A of the agreement. <br />2. 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 <br />by June 1, 2009. <br />3. Paragraph 4(B) is amended to read as follows: <br />The City shall pay Kleinfelder a sum equal to the amount of hours actually <br />worked multiplied by the rates identified in Attachment 2 for the staff performing <br />the Work, subject to the maximum stated in paragraph 4(D) of this Agreement. <br />4. Paragraph 4(D) is modified to read as follows: <br />Total compensation, including services and expenses, shall not exceed a <br />maximum of Seventy Two Thousand Dollars ($72,000). <br />5. All terms, conditions and provisions of the previously amended Agreement remain in full <br />force and effect, except as expressly modified by this Amendment. <br />Page 1 of 2 <br />