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AMENDMENT NO.3 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 parties amended the Agreement on May 26, 2006 to provide additional design <br />and engineering services and to extend"the time for completion of those services to December 31, <br />2008, and to increase the total compensation; and <br />WHEREAS, the parties amended the Agreement on September 7`h, 2007, to provide additional <br />design and engineering services, and to increase the total compensation; and <br />WHEREAS, the period of construction has extended beyond the contract performance period for <br />Brown & Caldwell; and <br />WHEREAS, the City of Everett desires continued assistance from Brown & Caldwell for such <br />services on this project; and <br />WHEREAS, the City and Brown & Caldwell agree to amend their Agreement to: (a) extend the <br />performance period; <br />NOW THEREFORE, the City of Everett and Brown & Caldwell agree to amend and modify the <br />previously amended Agreement as follows: <br />Paragraph 3 of the Agreement shall be amended 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 July 1S`, 2008. <br />2. The effective date of this Amendment is February 1", 2008. <br />3. All terms, conditions and provisions of the Agreement remain in full force and effect <br />except as expressly modified by this Amendment, <br />C'\DO-n-,t, UOJ r. -.,y lnw,nei Piles\OLKA71\PSA Hy1w-Amndum�_Nn_i.d��c i Y) 7/13/19971 <br />