2022/04/27 Council Agenda Packet

AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND BROWN & CALDWELL EVERETT This Amendment No. 1 is dated for reference purposes 2022. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington ("City") and Brown & Caldwell ("Service Provider"). RECITALS A. The City and Service Provider are parties to the Professional Services Agreement dated July 22, 2020 (the "Agreement"). B. The City and the Service Provider desire to amend the Agreement for the purpose of extending the contract duration and increasing the total compensation to include GMP Negotiation and Construction Support Services outlined in Exhibit A. AGREEMENT The City and Service Provider agree as follows: 1. The Agreement is modified so that time of beginning and completion are as follows: Time of Beginning and Completion of Performance: This Agreement shall commence as of the date of execution of this Agreement and shall be completed by 12/31/2023. 2. The Agreement is modified so that total compensation, including all services and expenses, shall not exceed One Hundred Twenty -Four Thousand Six Hundred Sixty -Eight Dollars ($124,668). 3. Regardless of the date(s) on which this Amendment is signed by the parties, the parties agree that the Agreement has been continuously in effect since July 22, 2020. 4. This Amendment may be signed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall be deemed one and the same document. Execution and delivery of this Amendment by the parties shall be legally valid and effective through any combination of: (i) executing and delivering a paper copy, (ii) transmitting the executed paper copy by email in pdf format or other electronically scanned format, or (iii) execution and transmittal by AdobeSign or DocuSign or similar e-signature method. 5. All provisions in the Agreement shall remain in effect except as expressly modified by this Amendment.