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<br />WHEREAS, the OWNER and the ENGINEER have previously entered into an Agreement for <br />the ENGINEER'S professional services for the Hunterfield Road Storage and High Service <br />Project; and <br /> <br />WHEREAS, Supplement No. 16 was approved, authorized by the Commission and signed by <br />the Mayor and Attested by the City Clerk; and <br /> <br />WHEREAS, additional services are required for Construction Administration Services; and <br /> <br />WHEREAS, the OWNER and the ENGINEER now wish to modify and add specific items to <br />Supplement No. 16; <br /> <br />NOW THEREFORE, in consideration of the mutual promises and covenants contained herein <br />and given one to the other, the sufficiency of which is hereby acknowledged, the parties agree <br />as follows: <br /> <br />SCOPE OF WORK <br /> <br />The scope of work has been agreed to by the parties, and is attached hereto and <br />incorporated herein, by reference, as Exhibit I. Mr. Terry M. Zaudtke, P.E., Chief <br />Operating Officer, has been designated as Project Manager for this project, by <br />the ENGINEER. <br /> <br />II FEE <br /> <br />The fee has been agreed to by the parties, and as attached hereto and <br />incorporated herein, by reference, as EXHIBIT II. <br /> <br />III. ENTIRE AGREEMENT <br /> <br />This Amendment No. 1 to Supplement No. 16 supersedes all previous <br />authorizations, agreement, or representations, either verbal or written, heretofore <br />in effect between the OWNER and the ENGINEER that may have concerned the <br />matters covered herein, except that this Amendment shall in no way supersede <br />Supplement No. 16 or other authorizations except as specifically provided herein. <br />No additions, alterations, or variations to the terms of this Amendment shall be <br />valid, nor can the provisions of this supplement be waived by either party, unless <br />such additions, alternations, or waivers are expressly set forth in writing in a <br />document of import equal to Supplement No. 16 or the Amendment, and duly <br />executed. <br /> <br />IV. TIME OF COMPLETION <br /> <br />This Amendment will be completed concurrently with the project construction <br />schedule. The construction contract has a duration of 240 days. We anticipate <br />that the first month will be devoted to paperwork such as shop drawing review, <br />etc. and that the last month will be finish/completion type work and not as much <br />actual construction activities. This yields a middle period of six months in which <br />most of the construction activity will take place. <br />