2023/06/14 Council Agenda Packet

AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND BROWN AND CALDWELL, INC. This Amendment No. 2 is dated for reference purposes 2023. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington ("City") and BROWN AND CALDWELL, INC. ("Service Provider"). RECITALS A. The City and Service Provider are parties to the Professional Services Agreement dated JUNE 1, 2021 (the "Agreement"). B. The City and the Service Provider desire to amend the Agreement for the purpose of REVISING THE SCOPE OF SERVICES TO INCLUDE ADDITIONAL ENGINEERING SERVICES DURING CONSTRUCTION, EXTENDING THE AGREEMENT COMPLETION DATE, AND INCREASING THE TOTAL COMPENSATION. 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, 2024. 2. The Agreement is modified so that total compensation, including all services and expenses, shall not exceed SEVEN HUNDRED FIVE THOUSAND ONE HUNDRED THIRTY-FIVE DOLLARS ($705,135.00). 3. The Work is modified to add the Work shown on Exhibit A 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 JUNE 1, 2021. 5. At the sole discretion of the City, the City may consent to the Service Provider's signature on this Amendment being by email, fax, pdf or other electronic means, in which case such Service Provider signature will be deemed an original signature for all purposes. The City will be deemed to have given such consent effective upon execution of this Amendment by the Mayor of the City.