2007/03/07 Council Agenda Packet

• 6 • AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND FLOYD SNIDER, INC. WHEREAS, Floyd Snider, Incorporated, and the City entered into an Agreement dated April24, 2006, ("Agreement")to provide professional on-call engineering, environmental, and other consulting services to the City related to the Riverfront properties; and WHEREAS,the Property Disposition Agreement for the Riverfront properties has been approved and executed; and WHEREAS, the City continues to need professional on-call engineering, environmental, and other consulting services related to the eventual development of the Riverfront properties to assure our continued compliance with various regulatory requirements; and WHEREAS, the City and Floyd Snider, Inc., agree to amend their Agreement to: (a)provide a new scope of consulting services related to permitting, site preparation, and environmental reviews of the prospective Riverfront developments—particularly on the former landfill site; (b) extend the time for completion from December 31, 2006 to June 30, 2008; (c) increase the maximum compensation by an additional $55,000 from the current contract level of$30,000 to $85,000; and(d)provide an additional schedule of charges for work performed after December 31, 2006; NOW THEREFORE, the City of Everett and Floyd Snider, Inc., agree to amend and modify the pfeviously fiamenfled Agreement as follows: l ThO following work is added to the Scope of Work described in Exhibit A of the Agreement: "Floyd/Snider will consult with the City of Everett on permitting, site preparation, and environmental issues pertaining to the development of the City's Riverfront Property. The Contractor's experience with the landfill Consent Decree with the Washington State Department of Ecology will be particularly drawn upon to convey and confirm the construction and process requirements for development on the landfill property, and to assist with negotiations and review by the Department of Ecology in the course of receiving development and engineering approvals. The contractor may also consult with the City on options for City participation in site preparation. Some components of site preparation perform double-duty as environmental controls (pavements, utility corridors, etc.) and therefore might be eligible for Ecology MTCA grant reimbursement at 50 percent, if performed by the City(private entities are not eligible for MTCA grants). Other federal or state grant monies may also be available to the City for site preparation or access upgrades,which the Contractor may assist the City in pursuing." S:\BJones\WORD\floyd Snider Agreement Amendment No 1.doc(Y1 7/15/1999)