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<br />AMENDMENT NO.4 TO EXTEND AND AMEND AGREEMENT FOR <br />PROGRAM MANAGEMENT SERVICES <br />REDWOOD CITY RECYCLED WATER PROJECT <br />j s'(' (Whitley Burchett & Associates, Inc.) <br /> <br />~hiS agreement ("Amendment No.4") is made and entered' into on this 1- day <br />of ~, 2009, ("Effective Date") by and between the City of Redwood City, California, a <br />charter city and municipal corporation of the State of California, with its. principal place <br />of business located at 1017 Middlefield Road, Redwood City, California 94063 ("City") <br />and Whitley Burchett & Associates, Inc., a California corporation with its principal place <br />of business located at 1777 Oakland Boulevard, Suite 200, Walnut Creek, CA 94596 <br />("Consultant") for the Recycled Water Project - Program Management Services. <br />Consultant and City may be referred to herein individually as a "Party" or collectively as <br />the "Parties." <br /> <br />RECITALS <br /> <br />A. The Parties previously entered into an agreement entitled "Agreement for <br />Program Management Services Redwood City Recycled Water Project (Whitley <br />Burchett & Associates, Inc.)", dated August 13, 2004 (the "Original Agreement"); and <br /> <br />B. The Original Agreement was previously amended by Amendment No.1, <br />dated September 9, 2005, Amendment No.2, dated February 12, 2006, and <br />Amendment No.3, dated June 9, 2008. The Original Agreement and all previous <br />amendments are collectively referred to herein as the "Original Agreement as <br />Amended"; and <br /> <br />C. The Parties desire to extend the Original Agreement as Amended's scope <br />of work and services. The Parties have negotiated and agreed to an amended scope of <br />work and fee schedule, which is attached to and incorporated herein by this reference <br />as Exhibit "A" - Scope of Services and Exhibit "B" - Schedule of Fees. <br /> <br />D. Upon approval of this Amendment No.4 by the City Council, the not-to- <br />exceed authorization for this Agreement will increase by Two Hundred Thirty-Eight <br />Thousand Dollars ($238,000) from $859,000 to $1,097,000. <br /> <br />NOW, THEREFORE, in consideration of these recitals and the mutual covenants <br />contained herein, the Parties agree as follows: <br /> <br />1. The recitals set forth above are true and correct, and are hereby <br />incorporated herein by this reference as if fully set forth in their entirety. <br /> <br />2. Upon execution of this Amendment No.4, Consultant will provide those <br />services described in Exhibit "A" pursuant to the fee schedule set forth in Exhibit "B." <br />With this Amendment No.4, the aggregate Agreement amount shall not exceed One <br />Million Ninety-Seven Thousand dollars ($1,097,000). <br /> <br />Atty/Agr/2009/Amend No.4 Whitley <br />072609 <br />