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6.1F Page 3 AMENDMENT NO.4 TO EXTEND AND AMEND AGREEMENT FOR PROGRAM MANAGEMENT SERVICES REDWOOD CITY RECYCLED WATER PROJECT (Whitley Burchett & Associates, Inc.) This agreement ("Amendment No.4") is made and entered into on this _ day of July, 2009, ("Effective Date") by and between the City of Redwood City, California, a charter city and municipal corporation of the State of California, with its principal place of business located at 1017 Middlefield Road, Redwood City, California 94063 ("City") and Whitley Burchett & Associates, Inc., a California corporation with its principal place of business located at 1777 Oakland Boulevard, Suite 200, Walnut Creek, CA 94596 ("Consultant") for the Recycled Water Project - Program Management Services. Consultant and City may be referred to herein individually as a UPartylt or collectively as the "Parties." RECITALS A. The Parties previously entered into an agreement entitled "Agreement for Program Management Services Redwood City Recycled Water Project (Whitley Burchett & Associates, Inc.)", dated August 13, 2004 (the "Original Agreement"); and B. The Original Agreement was previously amended by Amendment No.1, dated September 9, 2005, Amendment No.2, dated February 12, 2006, and Amendment No.3, dated June 9, 2008. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and C. The Parties desire to extend the Original Agreement as Amended's scope of work and services. The Parties have negotiated and agreed to an amended scope of work and fee schedule, which is attached to and incorporated herein by this reference as Exhibit "A" - Scope of Services and Exhibit "B" - Schedule of Fees. D. Upon approval of this Amendment No.4 by the City Council, the not-to- exceed authorization for this Agreement will increase by Two Hundred Thirty-Eight Thousand Dollars ($238,000) from $859,000 to $1,097,000. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. .; The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. 2. Upon execution of this Amendment No.4, Consultant will provide those services described in Exhibit "A" pursuant to the fee schedule set forth in Exhibit "B." With this Amendment No.4, the aggregate Agreement amount shall not exceed One Million Ninety-Seven Thousand dollars ($1,097,000). Atty/Agr/2009/Amend No.4 Whitley 070109