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HomeMy WebLinkAbout000907 Amendment 000907 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, AND CLALLAM COUNTY PUBLIC HOSPITAL DISTRICT NO. 2 REGARDING WASTEWATER/STORMWATER SYSTEM IMPROVEMENTS This First Amendment to the Interlocal Agreement Regarding Wastewater/Stormwater System Improvements (the "Amendment") is made between the City of Port Angeles, a non-charter code city of the State of Washington, hereinafter referred to as "the City," and Clallam County Public Hospital District No.2, d/b/a Olympic Medical Center, hereinafter referred to as "OMC". The City and OMC are sometimes collectively referred to as the "Parties." NOW THEREFOR, in consideration of the mutual agreements contained herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree to amend the Agreement effective the date of signature, as follows: 1. Recitals A. OMC and the City entered into the Interlocal Agreement Regarding Wastewater/Stormwater System Improvements effective May 6, 2015 (the "Agreement") B. The City advised OMC that it solicited bids for work to be performed pursuant to the Agreement for wastewater and stormwater improvements. The City further advised that, based on the bids received, the cost of the work was projected to exceed the $485,000 budgeted by OMC and the City for the work to be performed. C. The low bid was $252,132.85 above the government estimate. D. Per the Agreement, OMC committed to contributing $272,500 to the wastewater/stormwater improvement project. E. In discussion between the City and OMC, OMC agreed to contribute an additional $69,989 to cover part of the funding shortfall, with the City contributing to the remainder F. The parties desire to amend the Agreement as follows, effective 31 July 2015. 2. Amendment A. The Agreement is amended to increase the OMC contribution amount by $69,989. Page 1 of 2 B. The in-full OMC contribution amount is amended to $342,489. 3. Survival and Conflict. All other terms and conditions of the Agreement remain in full force-and effect, except as expressly amended herein. In the event of any conflict between this Amendment and the Agreement, the terms of this Amendment shall prevail, 4. Governing Law. This Amendment shall be construed and enforced in accordance with the laws of the State of Washington, notwithstanding any conflict of laws doctrine to the contrary. Venue shall lie in Clallam County. IN WITNESS WHEREOF, the Parties have executed this Agreement the jday of bkLer, 2015. Clallam County Public Hospital District No. 2, d/b/a Olympic Medical Center CITY OF PORT ANGELES Eric Lewis,CEO/Administra City Manager Date Sign Date Signed: 611 a I Ld as to Form:ney Attest: e City Clerk Page 2 of 2