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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN <br /> THE CITY OF EVERETT <br /> AND <br /> OTAK, INC. <br /> The City and Otak Inc. agree to amend and modify their professional services agreement dated Sept (the <br /> "Agreement") as follows: <br /> 1. The effective date of this Amendment is September ,2010. <br /> 2. The work included in Exhibit A-2 of this amendment is added to the Scope of Work described in <br /> Exhibits A and A-lof the Agreement. <br /> 3. Paragraph 3 is modified to read as follows: <br /> This Agreement shall commence as of the date of execution and shall be completed by June 30, <br /> 2012. Actual completion of the work is dependent upon the construction contractor's schedule. <br /> 4. Paragraph 4(C): References to "Exhibit C"in this paragraph, shall be replaced with"Exhibits B, and B- <br /> 2". <br /> 5. Paragraph 4(B) is modified to read as follows: <br /> The Contractor shall be paid such amounts and in such manner as described in Exhibit B and B-1 <br /> of the Agreement, and as described in Exhibit B-2 of this Amendment. <br /> 6. Paragraph 4(D)is modified to read as follows: <br /> Total compensation, including all services and expenses, shall not exceed a maximum of <br /> Eight Hundred Seventy Thousand Dollars ($870,000). <br /> 7. All terms, conditions and provisions of the Agreement remain in full force and effect except as <br /> expressly modified by this Amendment. <br /> 8. Exhibits associated with this Amendment No. 1 are attached herewith. <br /> CITY OF EVERETT OTAK INC., <br /> WASHINGTON <br /> By: By: / S <br /> Ray Stephanson, Mayor Nico Vanderhorst,PE,Princi sal <br /> 4341.° <br /> Date Date <br /> ATTEST: APPROVED AS TO FORM: <br /> Sharon Marks, City Clerk James D. Iles, City Attorney <br /> Date: Date: <br /> 2 <br />