2011/04/20 Council Agenda Packet

7 AMENDMENT FOUR To PROFESSIONAL SERVICES AGREEMENT For DESIGN OF THE EVERETT PERFORMING ARTS CENTER DOWNTOWN PLAZA With NAKANO ASSOCIATES,LLC This AGREEMENT, entered into the day of April 2011, constitutes Amendment No. 4 to the"Agreement"between the City of Everett, "the City"and Nakano Associates, LLC herein after called the"Consultant,"entered into on the 8 day of October, 2007 and amended(Amendment No. 1)on April 23, 2008, (Amendment No 2) on June 24, 2009, and(Amendment No. 3) on September 23, 2010. WITNES SETH: WHEREAS, Section 8.0 of the Agreement provides for adjustment or modification of the Agreement by mutual consent of the CITY and the CONSULTANT; and WHEREAS,the CITY entered into a professional services agreement with the _ CONSULTANT to provide design services for the Everett Performing Arts Plaza for the Parks and Recreation Department; and WHEREAS, Amendment Number One to that professional services agreement was entered into to perform additional lighting and electrical design work with an additional fee; and WHEREAS,Amendment Number Two to that professional services agreement was entered into to establish a no-cost time extension to December 31,2011 to complete all professional services agreement tasks; and WHEREAS, Amendment Number Three to that professional services agreement was entered into to coordinate and develop revisions to design and construction documents as a result of project re-initation with an additional fee; and WHEREAS, completion of the Former Key Bank Shell and Core project identified necessary design and construction document development services for improved drainage connections and plaza power; and WHEREAS, construction administration services are necessary for construction activities on the plaza site on an as-needed basis as determined by the City, and WHEREAS, completion of design services and construction administration services will require a no-cost time extension to complete; and 1 96