2021/04/28 Council Agenda Packet

SUPPLEMENTAL AGREEMENT NO. 2 To PROFESSIONAL SERVICES AGREEMENT This agreement entered into this day of 2021, by and between the City of Everett, a municipal corporation under the laws of the State of Washington (City) and Murraysmith, Inc. (Contractor) [Formerly Murray, Smith & Associates, Inc.]. Witneseth: Whereas the City and Contractor entered into an agreement February 1st, 2017, entitled Professional Services Agreement" (Agreement) between the City of Everett and Murray, Smith & Associates, Inc. to provide engineering service for the pre -design of reservoir 2 replacement project. Whereas the City and Contractor, on January 16, 2019 amended the Agreement with supplemental Agreement No. 1 for the purpose of providing additional engineering services for the design of the reservoir 2 replacement project including the following major categories of work tasks: Project Management, City coordination, Public Outreach Support, Permitting Support, Final Design and Bidding Support and Undefined Services. Whereas the City and Contractor desire to supplement the Amended Agreement for the purpose of providing engineering services during construction of the replacement of reservoir. Now therefore, the City and Contractor do mutually agree as follows: All provisions in the Agreement and Supplemental Agreement No. 1 shall remain in effect except as expressly modified by this supplement. The changes to the Agreement and the Supplemental Agreement No. 1 are described as follows: Amend the previous "Exhibit A, Scope of Services", "Exhibit Al Scope of Services, Phase 2 — Final Design and Bidding", by adding: "Exhibit A2 Scope of Services, Phase 3 — Construction Support Services". Amend the previous "Exhibit B, Compensation", "Exhibit B1 Project hours, Expenses and Fee Estimate" by adding "Exhibit B2 Project hours, Expenses and Fee Estimate". Modify Paragraph 3. Time of Beginning and Completion of Performance, by deleting the existing sentence and replacing with the following sentence: "This Agreement shall commence as of the date of execution of this Agreement and shall be completed by December 31, 2023." Modify Paragraph 4. Compensation, subparagraph D, which describes the maximum total compensation, by deleting the existing sentence and replacing with the following sentence: "Total compensation, including all services and expenses, shall not exceed a maximum of One Million Eight Hundred Forty Thousand Three Hundred Eighty - Three Dollars ($1,840,383)". This amounts to an increase of $600,640. 1 of 2