HomeMy WebLinkAboutGC 8563 Interlocal Agreement WASTEWATER DISPOSAL AGREEMENT NO. GC 8563
ANACORTES FERRY TERMINAL
SUPPLEMENT NO. 2
THIS SUPPLEMENTAL AGREEMENT is made and entered into this (0/4/
day of June, 1995 by and between WASHINGTON STATE FERRIES, a division of the
Washington State Department of Transportation (hereinafter called the "STATE"), and the
CITY OF ANACORTES, a municipal corporation organized under the laws of the State of
Washington(hereinafter called the "CITY").
WHEREAS, the STATE operates a ferry terminal at Anacortes, Washington
(hereinafter called "Terminal"); and
WHEREAS, the STATE and the CITY entered into a Wastewater Disposal
Agreement ("Original Agreement") dated October 3, 1988, by the terms of which the STATE
agreed to pay a proportional share of the cost for the design, construction and operation of a
wastewater system at the Terminal (hereinafter generally called the "improvements"); and
WHEREAS, the STATE and the CITY entered into Agreement Supplement No. 1,
dated September 28, 1990, by the terms of which the STATE agreed to increase its maximum
liability for project costs to One Million Dollars ($1,000,000.00); and
WHEREAS, the CITY's actual cost to design and construct the improvements was
greater than estimated in Supplement No. 1, due to unforeseen and unforeseeable additional
quantities of work and changed work during construction; and
WHEREAS, the parties desire to further amend the Original Agreement to: (i) reflect
the CITY's actual work performed and costs incurred, and increase the STATE's proportional
share accordingly; and (ii) extend the term of the Original Agreement to accomodate the
STATE's final payment to the CITY;
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WASTEWAI'hR DISPOSAL AGREEMENT NO. GC8563 SUPPLEMENT NO.2
NOW THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein or attached, incorporated and made a part hereof, the parties
agree as follows:
I.
PAYMENT
The STATE, in consideration of the faithful performance of the additional and changed
work performed by the CITY, agrees to pay the CITY an additional One Hundred Fourteen
Thousand, Four Hundred Fifty One Dollars ($114,451.00) for the STATE's proportional share
of project costs, previously shown on the revised Exhibit "B" attached to Supplement No.1.
The maximum amount payable by the STATE under the Original Agreement,
Supplement No.1 and Supplement No. 2 shall not exceed One Million, One Hundred Fifteen
Thousand Dollars ($1,115,000.00) total. The STATE shall not be liable for any costs which
exceed the maximum payment specified herein, unless the STATE agrees to enter into a written
supplemental agreement for such costs.
II
PERIOD OF AGREEMENT
The Agreement is retroactively extended through December 31, 1995.
III.
OTHER PROVISIONS
Except as expressly modified herein, all other provisions of the Original Agreement shall
remain in full force and effect.
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WASTEWATER DISPOSAL AGREEMENT NO. GC8563 SUPPLEMENT NO. 2
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Supplemental Agreement as of the day and year first written
above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
By: �J ,�. �✓
Paul Green
Director
CITY OF ANACORTES
By: h ""
H. Dean Maxwell
Mayor
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WASTEWATER DISPOSAL AGREEMENT NO. GC8563 SUPPLEMENT NO. 2
APPROVED AS TO FORM FOR WSF:
By: ch5►�Geo�. J .67:14.
Robert M. McIntosh
Assistant Attorney General
Date: 3 /Li / 9 9s
ATTEST FOR CITY OF ANACORTES:
By:
City erk
Date: a 7 /91r_
APPROVED FOR CITY OF ANACORTES:
By:
ector of Public Works
APPROVED AS TO FORM FOR CITY OF ANACORTES:
By: City A orney
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