2008/07/16 Council Agenda Packet

AMENDMENT NO. 2 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 April 24, 2006, ("Agreement") to provide professional on-call engineering, environmental, and other consulting services to the City related to the Riverfront properties, which was amended on March 16, 2007; and WHEREAS, the Property Disposition Agreement and sale of the Riverfront properties has been approved and executed; and WHEREAS, the City continues to need professional engineering, environmental, and other consulting services related to the development of the Riverfront properties to assure our continued compliance with various regulatory requirements and the Department of Ecology's Consent Decree; 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 Riverfront development on the former landfill site; (b)extend the time for completion from June 30, 2008 to December 31, 2009;(c) increase the maximum compensation by an additional $120,000 from the current contract level of$85,000 to $205,000; 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 previously amended Agreement as follows: 1. The Scope of Work described in Exhibit A of the Agreement is modified per the Attached new Exhibit A, Scope of Work for Amendment No. 2: 2. Paragraph 3, Time of Beginning and Completion of Performance, is modified to read as follows: "This Agreement shall commence as of January 1, 2006 and shall be completed by December 31, 2009." 3. Paragraph 4(D), Compensation, is modified to read as follows: "D. Total compensation, including all services and expenses, shall not exceed a maximum of Two-hundred five Thousand Dollars ($205,000.00)." v S-\MSadler\WORD\LF&BF\2008\FS Amend 2 070708 dot(YJ 7/15/I999)