Lynnwood Interlocal Agreement for 76th Avenue West Water Main Installation Design and Construction Amendment 1FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS,
WASHINGTON AND CITY OF LYNNWOOD, WASHINGTON
FOR 76TH AVENUE WEST WATER MAIN INSTALLATION
DESIGN AND CONSTRUCTION
THIS FIRST AMENDMENT ("Amendment") is made and entered into as of the
date set forth below between the City of Edmonds, a Washington municipal corporation
("Edmonds"), and the City of Lynnwood, a Washington municipal corporation
("Lynnwood") (collectively "the Parties").
RECITALS
A. The Parties entered into an interlocal agreement entitled 76th Avenue West Water
Main Installation Design and Construction, dated October 17, 2011 ("the Agreement"),
under which the Parties agreed to work cooperatively to provide for the design and
construction of the Edmonds 76th Avenue West Water Main Installation project in
conjuction with the design and construction of the Lynnwood 76th Avenue West Sewer
Trunkline Improvement project. The Agreement defines the Parties' respective rights,
obligations, costs and liabilities regarding this undertaking.
B. Sections 4 and 5 of the Agreement provide, inter alia, that Edmonds will provide
periodic payments to Lynnwood to reimburse Lynnwood for its costs associated with the
design and construction of the Edmonds 76th Avenue West water main installation, and in
return Lynnwood will incorporate this work into Lynnwood's 76th Avenue West sewer
trunkline improvements.
C. Since entering into the Agreement on October 17, 2011, an emergency situation
has arisen that requires Edmonds to complete construction of the Edmonds 76th Avenue
West water main installation, as well as to construct a temporary asphalt overlay on 76th
Avenue West between 18223 76th Avenue West and 17410 76th Avenue West and
perform temporary sidewalk repairs within the project area after the completion of the
water main work. The Parties have agreed that Edmonds will pay for the construction
services needed for the water main work and temporary asphalt overlay, striping and
sidewalk repairs, and Lynnwood will reimburse Edmonds for the construction services
needed for the temporary asphalt overlay and sidewalk repairs. This emergency situation
requires the Parties to amend the Agreement to address the need to provide for these
emergency construction services and to define the Parties' respective rights, obligations,
costs and liabilities regarding same.
D. The Parties desire to amend the Agreement to clarify these changes to its terms.
First Amendment to Edmonds/Lynnwood 76`h Avenue West Interlocal Agreement 6�01V-j11--Z6-12--
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NOW, THEREFORE, in consideration of the mutual benefits herein contained,
the Parties hereby agree as follows:
Section 1 of the Agreement is hereby amended to read as follows:
Section 1. Purpose. The purpose of this Agreement is to establish a formal
arrangement under which Edmonds will pay Lynnwood to design and construct
the Edmonds 76th Avenue West water main installation in conjunction with
Lynnwood's design and construction of the proposed Lynnwood 76th Avenue
West Sewer Trunkline Improvements (collectively, "the Project"); with the
exception that, due to an emergency situation, Edmonds will contract for
construction services to complete the Edmonds 76th Avenue West water main
installation work remaining as of November 15, 2013, to provide a temporary
asphalt overlay and striping on 76th Avenue West between 18223 76th Avenue
West and 17410 76th Avenue West, and to provide temporary sidewalk repairs
within the project area after the completion of the water main work. The terms,
conditions, and covenants of this Agreement shall accordingly be interpreted to
advance the new 76th Avenue West water main installation purpose. This
Agreement further seeks to allocate and define the Parties' respective rights,
obligations, costs and liabilities concerning the establishment, operation and
maintenance of this undertaking.
2. Section 4.A. of the Agreement is hereby amended to read as follows:
Section 4. Obligations of Edmonds. Edmonds agrees to:
A. Provide periodic payments to Lynnwood to reimburse Lynnwood for its
costs in design and construction of the Edmonds 76th Avenue West water
main pursuant to Section 6 of this Agreement; with the exception that
Edmonds will contract for construction services to complete the Edmonds
76th Avenue West water main installation work remaining as of November
15, 2013 using the funds that it would otherwise have paid to Lynnwood
under this Agreement to perform such work; and will contract for
construction services to provide a temporary asphalt overlay and striping
on 76th Avenue West between 18223 76th Avenue West and 17410 76th
Avenue West and temporary sidewalk repairs within the project area after
the completion of the water main work, for which construction services
Lynnwood will reimburse Edmonds.
First Amendment to Edmonds/Lynnwood 761h Avenue West Interlocal Agreement
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3. Sections S.A. and S.B. of the Agreement is hereby amended to read as follows:
Section 5. Obligations of Lynnwood. Lynnwood agrees to:
A. Provide and incorporate the Edmonds 76th Avenue West water main
design into the Lynnwood design for sewer trunkline improvements; with
the exception that Edmonds will contract for construction services to
complete the Edmonds 76th Avenue West water main installation work
remaining as of November 15, 2013, and will contract for construction
services to provide a temporary asphalt overlay and striping on 76th
Avenue West between 18223 76th Avenue West and 17410 76th Avenue
West and temporary sidewalk repairs within the project area after the
completion of the water main work.
B. Assume responsibility for constructing the new 76th Avenue West water
main in accordance with the design plans approved by Edmonds
(including but not limited to securing all necessary consultants,
contractors, and subcontractors); with the exception that Edmonds will
contract for construction services using emergency contracting procedures
to complete the Edmonds 76th Avenue West water main installation work
remaining as of November 15, 2013, and to provide a temporary asphalt
overlay on 76th Avenue West between 18223 76th Avenue West and 17410
76th Avenue West and temporary sidewalk repairs within the project area.
Lynnwood will reimburse Edmonds for the temporary asphalt overlay,
striping and temporary sidewalk repair construction services, and will be
responsible for the full restoration of the road no later than [June 30,
2014], weather permitting. All construction contracts shall be procured
through a formal competitive bidding process consistent with applicable
State law. Lynnwood shall be solely and exclusively responsible for
ensuring the compliance of said bidding process with all applicable
procedures required under state and local regulations.
4. Section 6.A. and S.B. of the Agreement is hereby amended to read as follows:
Section 6. Payment Schedule. The Parties agree to the following billing
and payment schedule:
A. For each outside construction contract expense incurred by Lynnwood
regarding the Project, Lynnwood shall, within 30 days of the date
Lynnwood is billed or invoiced for any undisputed charge by its
consultants, contractors and subcontractors, submit an invoice to Edmonds
for the Edmonds share of said expense for the new water main. Said
invoice shall contain a reasonably detailed explanation of the methodology
utilized by Lynnwood in calculating the Edmonds share of each expense.
Contracts for construction shall provide for separate bid schedules, or
other means to clearly identify the Edmonds portion of the Project cost for
the new water main. Contracts for design shall identify all tasks and work
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performed associated with Edmonds portion of the design on invoices, fee
estimates and project status reports. Time is of the essence and Lynnwood
shall not unreasonably delay submittal of Edmonds share of expenses. In
addition, for each construction contract expense incurred by Edmonds
regarding the temporary asphalt overlay on 76th Avenue West between
18223 76th Avenue West and 17410 76th Avenue West, and the temporary
sidewalk repairs within the project area, Edmonds shall, within 30 days of
the date Edmonds is billed or invoiced for any undisputed charge by its
consultants, contractors, subcontractors, and city administrative costs,
submit an invoice to Lynnwood; and Lynnwood shall, within thirty (30)
days of receiving any such invoice from Edmonds, shall tender payment to
Edmonds in the form of a check, money order or other certified funds for
the invoiced amount.
All other terms of the Agreement shall remain in full force and effect except as
amended by this Amendment. If a conflict arises between the terms of this
Amendment and the Agreement, the terms of this Amendment shall control.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the
day and year written below.
EXECUTED this _JLAday of h , 201
IV
CITL,EDMONDS CITY OF LYNNWOOD
1 0
ayor David O. Earling
ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED:
By: By:
Scott Passey, City Cler
APPROVED AS TO FORM:
By:
f#i of the City At fey
APPROVED AS TO FORM:
By: r
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