2022/12/14 Council Agenda Packet

AMENDMENT NO. 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND David Evans and Associates, Inc. 1.1 EVERETT This Amendment No. 3 is dated for reference purposes November 29, 2022. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington ("City") and David Evans and Associates, Inc. ("Service Provider"). RECITALS A. The City and Service Provider are parties to the Professional Services Agreement dated May 4, 2020 (the "Agreement"). B. The City and the Service Provider desire to amend the Agreement for the purpose of adding scope and budget to advance design of the project and extend the Agreement expiration date. 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 December 31, 2025. 2. The Agreement is modified so that total compensation, including all services and expenses, shall not exceed $470,000. 3. The Work is modified to add the Work shown on Exhibit A-1 to this Amendment. 4. 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 May 4, 2020. 5. 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 of this Amendment by a party shall be legally valid and effective by (i) executing a paper copy, (ii) execution by AdobeSign or DocuSign or other e-signature method, or (iii) transmitting an executed copy by email or otherwise in pdf format or other electronically scanned format. 6. All provisions in the Agreement shall remain in effect except as expressly modified by this Amendment.