Edmonds Pier Design Permitting and Construction with Departmnet of Fish and WIldlifeAttachment A -
GENERAL TERMS AND CONDITIONS
Interagency Agreements
DEFINITIONS
As used throughout this contract, the following terms shall have the meaning set forth below:
A. "AGENCY" shall mean the Department of Fish and Wildlife of the State of Washington,
any division, section, office, unit or other entity of the AGENCY, or any of the officers or
other officials lawfully representing that AGENCY.
B. "AGENT" shall mean the AGENCY Director, and/or the delegate authorized in writing to act
on the Director's behalf.
C. "CONTRACTOR" shall mean any agency, political subdivision, or unit of local government of
this state; any agency of the state government; any agency of the United States; any Indian
tribe recognized as such by the federal government; and any political subdivision of another
state that is performing service(s) under this contract, and shall include all employees of the
CONTRACTOR.
D. "RCW" shall mean the Revised Code of Washington. All references in the contract to RCW
chapters or sections shall include any successor, amended or replacement statutes.
E. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is
performing all or part of those services under this contract under a separate contract with
the CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" means
SUBCONTRACTOR(s) in any tier.
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
contract shall be made by the AGENCY.
AMENDMENTS
This contract may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties.
ASSIGNMENT
The work to be provided under this contract, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other
party, which consent shall not be unreasonably withheld.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the AGENCY, or
information that may be classified as confidential, for any purpose not directly connected with
the administration of this contract, except with prior written consent of the AGENCY, or as may
be required by law.
DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
Approved as to Form by the Office of the Attorney General Page 1 of 5
May 8, 2013
Attachment A - GENERAL TERMS AND CONDITIONS — Interagency Agreements
DISPUTES
In the event that a dispute arises under this contract, it shall be determined by a Dispute Board in
the following manner: Each party to this contract shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the
majority prevailing. The determination of the Dispute Board shall be final and binding on the parties
hereto. As an alternative to this process and if applicable, either of the parties may request
intervention by the Governor, as provided by RCW 43.17.330, in which event the Govemor's
process will control.
DUPLICATE PAYMENT
The AGENCY shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will
charge the State of Washington or any other party under any other contract or agreement, for
the same services or expenses.
ENTIRE AGREEMENT
This contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to
exist or to bind any of the parties hereto
EQUIPMENT MANAGEMENT
For the purposes of this contract, "Inventoriable Equipment" shall mean a tangible asset which
has a service life of more than one year and with a unit cost of $5,000 or greater; and tangible
assets with a unit cost of more than $300 that the AGENCY considers "small and attractive,"
such as engines, chain saws, communications equipment, global position systems, optical
devices, cameras, microcomputer and related systems, and video equipment; and firearms,
boats and motorized vehicles of any value.
If the CONTRACTOR uses contract funds to purchase Inventoriable Equipment, title to that
Inventoriable Equipment shall be held by the AGENCY unless otherwise specified in this
contract. The AGENCY's Inventoriable Equipment provided to the CONTRACTOR shall be
used only for the performance of this contract. Title to the AGENCY's Inventoriable Equipment
shall remain with the AGENCY.
The CONTRACTOR shall take reasonable steps to account for and protect Inventoriable
Equipment from loss or damage; report to the AGENCY any loss or damage of such property;
and take reasonable steps to protect such property from further damage. The CONTRACTOR
shall surrender to the AGENCY all Inventoriable Equipment either provided by the AGENCY or
purchased with contract funds upon the completion or termination of this contract.
FINAL INVOICE
The CONTRACTOR shall submit the final invoice not later than 60 calendar days from the end
of the contract period.
GOVERNANCE
This contract is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this contract shall be construed to
conform to those laws.
Approved as to Form by the Office of the Attorney General Page 2 of 5
May 8, 2013
Attachment A - GENERAL TERMS AND CONDITIONS — Interagency Agreements
In the event of an inconsistency in the terms of this contract, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
a. Applicable state and federal statutes and rules;
b. Statement of work; and
c. Any other provisions of the contract, including materials incorporated by reference.
HOLD HARMLESS
Each party to this contract will be assigned, and assume responsibility for any damages to third
parties that are attributable to the negligent acts or omissions of the individual party. Both
parties agree, to the extent permitted by law, to defend, protect, save and hold harmless the
other party, its officers, agents, and employees from any and all claims, costs, damages, and
expenses suffered due to each party's own actions or those of its agents or employees in the
performance of this contract.
GOVERNING LAW
This contract shall be construed and interpreted in accordance with the laws of the State of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this contract shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
NONDISCRIMINATION
During the performance of this contract, both parties shall comply with all federal and state
nondiscrimination laws, regulations and policies.
PREVAILING WAGE
If any work performed by subcontractors is subject to Chapter 39.12 of the Revised Code of
Washington, the CONTRACTOR shall ensure that subcontractors pay the prevailing rate of
wages to all subcontractor workers, laborers or mechanics in the performance of any part of the
work described in the contract in accordance with state law and Department of Labor and
Industries rules and regulations.
RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents and other evidence
which sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services described herein. These records shall be subject to inspection, review
or audit by personnel of both parties, other personnel duly authorized by either party, the Office of
the State Auditor, and federal officials so authorized by law. All books, records, documents, and
other material relevant to this contract will be retained for six years after expiration and the Office of
the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full
access and the right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this contract to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party
will not disclose or make available this material to any third parties without first giving notice to the
furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the other
party are not erroneously disclosed to third parties.
Approved as to Form by the Office of the Attomey General Page 3 of 5
May 8, 2013
Attachment A - GENERAL TERMS AND CONDITIONS - Interagency Agreements
RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the AGENCY, or any of its
officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this contract.
RIGHTS IN DATA
Unless otherwise provided, data which originates from this contract shall be "works for hire" as
defined by the U.S. Copyright Act of 1976 and shall be owned by the AGENCY. Data shall include,
but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys,
studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right
to copyright, patent, register and the ability to transfer these rights.
SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this contract and prior to normal completion, the AGENCY may
terminate the contract under the "Termination " clause, without the thirty -day notice requirement,
subject to renegotiation at the AGENCY'S discretion under those new funding limitations and
conditions.
SEVERABILITY
The provisions, of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
SUBCONTRACTING
Neither the CONTRACTOR nor any SUBCONTRACTOR shall enter into subcontracts for any of
the work contemplated under this contract without obtaining prior written approval of the
AGENCY. In no event shall the existence of the subcontract operate to release or reduce the
liability of the CONTRACTOR to the AGENCY for any breach in the performance of the
CONTRACTOR'S duties. This clause does not include contracts of employment between the
CONTRACTOR and personnel assigned to work under this contract.
Additionally, the CONTRACTOR is responsible for ensuring that all terms, conditions,
assurances and certifications set forth in this contract are carried forward to any subcontracts.
CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or
otherwise make known to unauthorized persons personal information without the express
written consent of the agency or as provided by law.
TERMINATION
Either party may terminate this contract upon 30-days' prior written notification to the other party. If
this contract is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this contract prior to the effective date of termination.
TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
contract, or if either party violates any of these terms and conditions, the aggrieved party will give
the other party written notice of such failure or violation. The responsible party will be given the
opportunity to correct the violation or failure within 15-working days. If failure or violation is not
corrected, this contract may be terminated immediately by written notice of the aggrieved party to
the other.
Approved as to Form by the Office of the Attorney General Page 4 of 5
May 8, 2013
Attachment A - GENERAL TERMS AND CONDITIONS — Interagency Agreements
WAIVER
A failure by either party to exercise its rights under this contract shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
contract unless stated to be such in a writing signed by an authorized representative of the party
and attached to the original contract.
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 5/8/2013
Approved as to Form by the Office of the Attorney General Page 5 of 5
May 8, 2013
19whiqlon
&Prlmeni o/
FISH CMa
`-� WILDLIFE
Contract/Project Summary
Attachment B
TITLE: Edmonds Pier - Design, Permitting &
WDFW NUMBER:
13-2156
Construction
PERIOD: 07/01/2013 to 06/30/2015
CONTRACTOR: City of Edmonds
CONTRACTOR CONTACT:
WDFW MANAGER:
Raymond Berg, PE
(360)902-8395
CONTRACT TYPE: Payable
CFDA NUMBER:
CONTRACT SUB TYPE: Interlocal
AWARD NUMBER:
STAFF TYPE: External
RFQQ/RFQ/RFP/IFB
NUMBER:
PROJECT GROUP: Permits/Design
PROJECT TYPE:
SUMMARY PROJECT DESCRIPTION:
City of Edmonds shall provide design and construction of repairs to Edmonds Pier.
Initial funds are for design. The
City and State will pursue, in partnership, grant funding through ALEA and Local Parks categories in the 2014 grant
cycle for additional funds to complete construction of the project. WDFW will provide permit application and
acquisition services.
The City of Edmonds shall submit invoices quarterly.
PROJECT STATEMENT OF WORK:
See Attachment D - Statement of Work.
PROJECT BUDGET: OBJECT DETAIL
INDIRECT RATE: Indirect amount calculated by CAPS
Object Sub Object
Total Cost
J-Capital Outlays
$190,000
PROJECT BUDGET: ITEM DETAIL
Item Qty Unit
Unit Cost Total Cost
Design 0
$190,000
CURRENT FUNDING:
Fund/Appropriation Type
Amount
057-K20 SBCA-S Minor Works: Access Sites State
$190,000 100.0%
MATCH:
Grant Match
$0 0.0%
MASTER INDEX:
80772
contractprojectsum mary. rpt Page 1 of 1 Date Printed: 1/29/2014
ATTACHMENT D — STATEMENT OF WORK
INTERLOCAL AGREEMENT BETWEEN
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
AND THE
CITY OF EDMONDS
A. The Department of Fish and Wildlife ("WDFW") owns the Edmonds Fishing Pier and since its
construction the City of Edmonds ("City") has been responsible for its maintenance. The pier now
exhibits structural, non-structural and electrical deterioration since it was constructed in the late 1970's
This deterioration and recommendations for repairs are documented in the Final Condition Survey
Report developed in December 2006 by BERGER/ABAM Engineers, Inc. for the City.
B. WDFW has received $200,000 funding from the Legislature for the design and permitting of
repairs to the pier. The City shall produce the design, WDFW shall perform the environmental
permitting. $10,000 of the funding is allocated for WDFW's permitting effort, $190,000 for the City's
design and permit fees. WDFW will reimburse the City for work performed, in accordance with the
General Terms and Conditions of this Agreement.
C. The City and WDFW in partnership will pursue further funding for construction via WWRP in the
2014 grant cycle. If such funding is granted either to WDFW or the City, this Agreement may be
amended to include those construction funds in its scope.
D. Based on the Final Condition Survey Report recommendations the inflation adjusted Maximum
Allowable Construction Cost (MACC) for this project is $1,040,000 in 2015 dollars, and does not include
sales tax or the allowance for construction change orders.
E. The City shall manage and implement this project using necessary personnel, contracted
services and otherwise do all things necessary for or incidental to performing work relating to design,
project management, construction management and Public Works contracting.
F. The City shall continue to provide all normal maintenance and operation for all portions of the
fishing pier facility and shall maintain all utilities on the facility.
G. Schedule
1. All activities under this Agreement shall be coordinated to accomplish construction beginning
April 2015.
2. Within 60 days of execution of this Agreement the City will submit to WDFW a proposed
schedule for design and permitting, including design milestones of 30, 60, 90 and 100% completion. In
the proposal the City shall allow 3 months for permit acquisition by WDFW after receipt of complete
permit drawings.
H. Design
Responsibilities of the City: The City shall produce a design in general accordance with the
recommendations of the Final Condition Survey Report and shall incorporate the best engineering,
materials and construction practices into the work. The design shall be submitted to WDFW for review
at the 30%, 60%, 90% completion milestones, with drawings, specifications and construction cost
estimates. After 100% design acceptance the City shall give a copy of the CAD drawing files to WDFW.
Responsibilities of WDFW: WDFW project manager in the Capital and Asset Management Program shall
review the design submittals and return comments to the City project manager within 2 weeks of
submission.
Permitting
Responsibilities of WDFW: WDFW shall obtain the necessary environmental permits for the project to
allow construction. Upon receipt of complete permit drawings from the City, WDFW shall develop
permit applications, submit and attend meetings for the following permits: SEPA Checklist, City of
Edmonds Substantial Shoreline Development (SSD), City of Edmonds Critical Areas, WDFW Hydraulic
Project Approval. It is expected that the SSD will be an exemption, and that the project is out of the
Corps of Engineers jurisdiction, so no Corps permit is needed. Since the pier structure is less than 50
years old, there will be no notification of the work to the Department of Archaeology and Historic
Preservation (DAHP). WDFW will not obtain an extension to the Department of Natural Resources
Aquatic Lands Lease.
WDFW shall be the SEPA Lead Agency for this project. WDFW will submit draft permit applications to
the City's Project Manager for review before submission.
Responsibilities of the City: At 30% design completion the City shall produce permit drawings on 11" x
17" drawing size to WDFW. The submittal shall be in PDF format and contain all the information that in
the estimation of the WDFW permit biologist is necessary for permit submittal. The City will develop
materials and make application for construction permits such as a Building Permit, and other similar
permits, if any. The City shall pay permit fees at the time of application.
2
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Department of
FISH and
WILDLIFE CONTRACT AMENDMENT
TITLE: Edmonds Pier - Design, Permitting & WDFW NUMBER: 13-2156
Construction AMENDMENT NUMBER: 1
CONTRACTOR: City of Edmonds AMENDMENT VALUE: $ 0
AMENDMENT EFFECTIVE DATE: CONTRACT END DATE:
06/30/2015 10/31 /2015
The above -referenced Contract between the State of Washington, Department of Fish and
Wildlife (WDFW); and City of Edmonds is hereby amended as follows:
Amendment #1 - No cost, time extension only. The new contract end djate will be October 31,
2015.
All other terms and conditions of this Contract remain in full force and effect.
THIS AMENDMENT is executed by the persons signing below, who warrant that they have the
authority to execute this Amendment.
CITY OF NDS
Signatu YK and Date
flks-
Printed Name and itle
WASHINGTON DEPARTMENT OF FISH
AND WILDLIFE
Sig and Date
Jeffrey Hugdahl
Contracts & Purchasing Manager
CMS No. 15-03975
Page 1 of 1
/S•1Sfo to ---?/-/S
nepirf"I(fl! f)
F1811and INTERLOCAL AGREEMENT
` WILDLIFE
TITLE: Edmonds Pier - Design, Permitting &
Construction
CONTRACTOR: City of Edmonds
TYPE: Payable
WDFW NUMBER: 13-2156
CONTRACT PERIOD: 7/1/2013 to 6/30/2015
A. PARTIES TO THIS CONTRACT
This Contract is entered into between the Washington State Department of Fish and Wildlife, 600 Capitol Way North,
Olympia, WA 98501-1091, hereinafter referred to as the WDFW, and City of Edmonds, 121 5th Ave N.-Edmonds,
WA 98020, hereinafter referred to as the Contractor, for the express purposes set forth in the following provisions of
this Contract.
B. PURPOSE OF CONTRACT
Under the provisions of chapter 39.34 RCW, this contract sets out the terms and conditions by which the Contractor
shall provide those goods and/or services as defined herein.
C. DESCRIPTION OF PROJECT
Contractor shall perform the project as described in Attachments, which are incorporated herein by this reference:
Attachment "A" General Terms and Conditions
Attachment "B" Contract/Project Summary
Attachment "C" Contractor's proposal, if any
Attachment "D" Other, if any
D. COMPENSATIONIPAYMENT
Compensation for the work provided in accordance with this agreement has been established under the terms of RCW
39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed $190,000.
Payment for satisfactory performance of work shall not exceed this amount unless this agreement is amended.
Compensation for services shall in accordance with the budget in Attachment "B" which is attached hereto and
incorporated herein. All invoices shall reflect WDFW Contract number 13-2156.
E. FEDERAL FUNDING
Any federal funding received by the Contractor will be shown with the budget in Attachment "B". If federal funds are
being provided with this agreement, further guidance will be provided in Attachment "A" regarding federal compliance
issues.
F. BILLING PROCEDURE
The Contractor shall submit invoices monthly UNLESS specified otherwise in Attachment "B". Invoices for services
rendered in accordance within this agreement shall be sent directly to the WDFW Project Manager. Payment to the
Contractor for approved and completed work will be made by warrant or account transfer by WDFW within 30 days of
receipt of the invoice. Upon expiration of the contract, any claim for payment not already made shall be submitted
within 30 days after the expiration date or the end of the fiscal year, whichever is earlier.
G. RIGHTS AND OBLIGATIONS
Attachment A contains the General Terms and Conditions governing work to be performed under this Contract, the
nature of the working relationship between the WDFW and the Contractor, and specific obligations of both parties.
All rights and obligations of the parties to this Contract shall also be subject to and governed by other Attachment(s)
to this contract.
�O /—'J—/.3—<219
-�,- &/99
Page 1 of 2
H. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS IF ANY
None.
I. CONTRACT REPRESENTATIVES
The below named representatives for each of the parties shall be the contact people for all communications and
billings regarding the performance of this Contract. All written communications regarding this Contract shall be sent
to the designated representatives at the addresses below unless notified in writing of any change.
Contractor's Representative
Carrie Hite
121 5th Ave N
Edmonds, WA 98020
Office Phone: (425) 771-0256
Fax:
Email: carrie.hite@edmondswa.gov
WDFW's Representative
Raymond Berg, PE
Capital & Asset Management Program
600 Capitol Way N.
Olympia, WA 98501-1091
Office Phone: (360) 902-8395
Fax: (360) 902-8367
Email: bergrjb@dfw.wa.gov
J. ENTIRE CONTRACT
This Contract, along with all attachments and exhibits, constitutes the entire agreement of the parties. No other
understandings, verbal or otherwise, regarding this Contract shall exist or bind any of the parties.
K. APPROVAL
This contract shall be subject to the written approval of WDFW'S authorized representative and shall not be binding
until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both
parties.
IN WITNESS WHERE, WDFW and the Contractor have signed this contract.
CONTRACT8R
Bv:
Title:
Date 2? . a 4.
WASHINGTON STA E DEPT. OF FISH AND
WILDLIFE
BY:
Lee Rrina4/lal
Jeffrey R. Hugdahl
Title: Chief Officer Contracts and Purchasing Manager
Date _ : 6 7
Page 2 of 2
CONTRACT ROUTING FORM
Originator: Jim Stevens Routed by.
O Department/Division: PW/FM Date:
H
a
Name of ConsultantlContractor: State of Washington Department of Fish and Wildlife
in CONTRACT TITLE:
W 0 Amendment #2 to WDFE contract No. 13-2156
Type of Contract: (GR) Grants ❑ (1) Intergovernmental Agreement
Z ❑ Z (S) Purchase of Services ❑ (W) Public Works
W
z Bid/RFP Number: N/A
O
U Effective Date: 12/03/2015 Completion Date:
VHas the original City contract boilerplate language been modified? OYes Q No
If yes, specify which sections have been modified:
O Description Grant funding contract for Fishing Pier Rehab Project
U of Services:
Total Amount of Contract: $ 1,300,000.00
(City Clerk Use Only)
Jim Stevens
12/03/2015
❑ (L) Lease Agreement
(0) Other
08/31 /2016
N Budget # Amount: Budget # Amount:
J
Amount: Amount:
W Budget # Budget #
0
QBudget # Amount: Budget # Amount:
U
Z Are there sufficient funds in the current budget to cover this contract? 0 Yes O No
a
Z Remarks: y g pay g
u_ This contract amendment allows the City to use $1,300,000 of state funding to a for the Fishing Pier Rehab
Project on a cost reimbursement basis. This amendment needs the mayor's signature first, and I will ensure a
fully signed copy is returned to us from the state for recordkeeping.
Authorization Level: Council
w
D1. Project Manager ❑ 6. City Council Approval
I< 2. Risk Management/Budget Date (ifapoicable)
Z 3. City Attorney 0✓ 7. Mayor
4. Consultant/Contractor ❑ 8. City Clerk
5. Other
12-1-2015
WDFW #13-2156
y+�,n Amendment #2 (15-05034)
Department of
FI,SHmd
WILDLIFE CONTRACT AMENDMENT
TITLE: Edmonds Pier - Design, Permitting & WDFW NUMBER: 13-2156
Construction AMENDMENT NUMBER: 2
CONTRACTOR: City of Edmonds AMENDMENT VALUE: $1,300,000.00
AMENDMENT EFFECTIVE DATE: CONTRACT END DATE:
10/01 /2015 06/30/2017
The above -referenced Contract between the State of Washington, Department of Fish and
Wildlife (WDFW); and City of Edmonds is hereby amended as follows:
See Attachment A.
All other terms and conditions of this Contract remain in full force and effect.
THIS AMENDMENT is executed by the persons signing below, who warrant that they have the
authority to execute this Amendment.
MONDS
r
and Date
Printed Name and Title
WASHINGTON DEPARTMENT OF FISH
AND WILDLIFE
Sign r nd Date
jeffucy . rlugdahl
Contracts and I %n;N-ssinFj Ma,)a®er
Printed Name and Title
CMS No. 15-05034
Page 1 of 1
�h
Attachment A
AMENDMENT - SCOPE OF WORK
INTERLOCAL AGREEMENT BETWEEN
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
AND THE
CITY OF EDMONDS
WDFW CONTRACT NO. 13-2156
A. The City of Edmonds ("City") has completed the design of the project, and the Department of
Fish and Wildlife ("WDFW") has completed procurement of the environmental permits for the
project.
B. WDFW has received $1,300,000 funding from the Legislature for the construction of repairs to
the pier. The funding is in the following form:
$800,000 WDFW Capital Budget direct appropriation
$500,000 WDFW ALEA Grant
WDFW will allocate $5,000 of the funds above for WDFW's project management of the contract.
The remainder, $1,295,000, is available for reimbursement to the City for the construction.
These funds are available for reimbursement for construction of those features identified in the
December 2006 BERGER/ARAM report; additional features in the construction contract added at
the option of the City, are not eligible for reimbursement. WDFW will reimburse the City for
work performed, in accordance with the General Terms and Conditions of this Agreement.
The City has identified $100,000 funds for the construction of the project.
C. Prior to advertising the project for Public Works construction, the City shall provide WDFW a
draft copy of the bid documents for review. WDFW will review to ensure bid items for work
under this agreement are separate from work funded by other means.
D. Prior to award of the Public Works contract the City shall provide a tabulation of bids received to
WDFW for review.
E. The City shall copy WDFW on all change orders to the Public Works contract within 7 calendar
days of the execution of the change order amendment.
F. The City shall manage and implement this project construction using necessary personnel,
contracted services and otherwise do all things necessary for or incidental to performing work
relating to project management, construction management and Public Works contracting.
G. Construction shall be complete by June 30, 2017.
pf EVOLF0 n
CONTRACT ROUTING FORM
f.M
(City Clerk Use Only)
Z Originator: Carrie Hite Routed by: Cynthia Cruz, P&R
O Department/Division: Parks & Recreation Date: 07/20/2016
P
IL
Name of Consultant/Contractor: WDFW
ai CONTRACT TITLE:
W Edmonds Pier -Design, Permitting & Construction -Amendment 3
Type of Contract: W-1 (GR) Grants ❑ (1) Intergovernmental Agreement
❑ (S) Purchase of Services I I (IN) Public Works
W
Z
Bid/RFP Number: 13-2156
L) Effective Date: 07/15/2016
0 Has the original City contract boilerplate language been modified?
Im- If yes, specify which sections have been modified:
pDescription Increase of grant by $500,000
V of Services:
Total Amount of Contract:
Completion Date:
QYes a No
(L) Lease Agreement
❑ (0) Other
10/31 /2017
U) I Budget # 016.000.334.02.500.00 Amount: $ 500,000.00 Budget # Amount:
J f
Amount: Amount:
W Budget # Budget #
G
QBudget # Amount: Budget # Amount:
U
Z Are there sufficient funds in the current budget to cover this contract? 0 Yes O No
Q
Z Remarks: p
� Increased Grant due to increased scope due to unforeseen structural deficiencies and other issues.
Authorization Level: Mayor
WI
H1.
Project Manager
Q
2. Risk Management/Budget
Z
3. City Attorney
S2
4. Consultant/Contractor
y 5. Other
6. City Councif Approval
Date (if applicable)
7. Mayor
❑ 8. City Clerk
=1
4.S.a
Washington
Department of
FISH ,d
WIIA N CONTRACT AMENDMENT
TITLE: Edmonds Pier - Design, Permitting & WDFW NUMBER: 13-2156
Construction AMENDMENT NUMBER: 3
CONTRACTOR: City of Edmonds AMENDMENT VALUE: $500,000.00
AMENDMENT EFFECTIVE DATE: CONTRACT END DATE:
07/15/2016 10/31 /2017 as
E
vM
The above -referenced Contract between the State of Washington, Department of Fish and
Wildlife (WDFW); and City of Edmonds is hereby amended as follows:
1. See Attachment A. U.
0
3
All other terms and conditions of this Contract remain in full force and effect. Q
M
THIS AMENDMENT is executed by the persons signing below, who warrant that they have the
authority to execute this Amendment.
E
WASHINGTON DEPARTMENT OF FISH
OCole,
F EDMONDS AND WILDLIFE E
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JAL (4 00
S gnature and Da -re re and D e
Q
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contra"Ia and Purchash o mw lager E
Printed Name and Title Printed Name and Title
AD . 3 f— 17
CMS No. 16-06739
Page 1 of 1
Packet Pg.198
4.5.a
ATTACHMENT A
AMENDMENT- SCOPE OF WORK
INTERLOCAL AGREEMENT BETWEEN
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
AND THE
CITY OF EDMONDS
WDFW CONTRACT NO. 13-2156
A. The City of Edmonds ("City") has begun construction of the project. The scope of work for the
Fishing Pier Rehabilitation project has increased significantly due to unforeseen
structural deficiencies and other issues, the sum exceeding the contingency for
construction.
WDFW has received additional funding from the Recreation and Conservation Office (RCO) and
has allocated additional WDFW capital budget funding for the construction of repairs to the
pier. The funding is in the following form:
$ 50,000 WDFW Capital Budget
$450,000 WDFW WWRP Grant from RCO
$500,000 TOTAL
WDFW will allocate $5,000 of the funds above for WDFW's project management of the contract.
The remainder, Not To Exceed $495,000, is available for reimbursement to the City for approved
construction, project management, construction management, inspection, and other necessary
expenses due to construction. WDFW will reimburse the City for work performed, in
accordance with the General Terms and Conditions of this Agreement.
C. RCO requires interpretive signage for the project, and these signs are added to the scope of the
project.
D. This amendment will not take effect until funds from RCO are received by WDFW and a 'Notice
To Proceed' is issued by WDFW to the City.
Packet Pg.199
Z I Originator:
O DepartmentlDivision:
IL
Name of Consultant/Contractor:
u) CONTRACT TITLE:
0
,,71
CONTRACT ROUTING FORM
(City Clerk Use Only)
Carrie Hite Routed by: Cynthia Cruz, P&R
Parks & Recreation hate: 07120/2017
WDFW
Edmonds Pier -Design, Permitting & Construction -Amendment 4
Type of Contract: (GR) Grants (1) Intergovernmental Agreement ❑ (L) Lease Agreement
Z Z (S) Purchase of Services ❑ (W) Public Works ❑ (0) Other
-
W
Z
Bid/RFP Number: 13-2156
v Effective Date: 07/15/2016
H
QHas the original City contract boilerplate language been modified?
HIf yes, specify which sections have been modified:
pDescription
U of Services:
Completion Date: 12/31/2017
OYes O No
Total Amount of Contract:
to Budget # 016.000.334.02.500.00 Amount: $ 690,000.00 Budget # Amount
J
Amount: Amount:
W Budget # Budget #
G
Amount: Amount:
Q Budget # Budget #
U
Q Z Are there sufficient funds in the current budget to cover this contract? Yes O No
Z Remarks: P
Increased Grant due to increased scope due to unforeseen structural deficiencies and other issues.
I Authorization Level: Mayor
W
Q H1. Project Manager 6. City Council Approval
2. Risk Management/Budget Date (if applicable)
Z 13. City Attorney ❑✓ 7. Mayor
0 4. Consultant/Contractor ❑ 8. City Clerk
to ❑ 5. Other
NO
Washington
Department of
FISH and
WILDLIFE CONTRACT AMENDMENT
TITLE: Edmonds Pier - Design, Permitting & WDFW NUMBER: 13-2156
Construction AMENDMENT NUMBER: 4
CONTRACTOR: City of Edmonds AMENDMENT VALUE: $0.00
AMENDMENT EFFECTIVE DATE: CONTRACT END DATE:
06/30/2017 12/31 /2017
The above -referenced Contract between the State of Washington, Department of Fish and
Wildlife (WDFW); and City of Edmonds is hereby amended as follows:
1. This is a no cost, time extension, changing the contract end date to December 31,
2017.
All other terms and conditions of this Contract remain in full force and effect.
THIS AMENDMENT is executed by the persons signing below, who warrant that they have the
authority to execute this Amendment.
WASHINGTON DEPARTMENT OF FISH
AND WILDLIFE
Sig t r and Da
Jeffrey Hugdah
.% A 6 • i t� 11 Contracts and Purchasing Manager
Printed Name and Title Printed Name and Title
CMS No. 17-08923
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