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HomeMy WebLinkAbout5.603 Original Contract S..,41111% WDFW Contract No. 36022395 INTERLOCAL AGREEMENT BY AND BETWEEN WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE CITY OF PORT ANGELES NORTH OLYMPIC SALMON COALITION LOWER ELWHA KLALLAM TRIBE AND PORT OF PORT ANGELES Titled "Valley Creek Phase 2 Fish Passage /Habitat Restoration Agreement" This Agreement is made and entered into by and between City of Port Angeles, hereinafter referred to as (City), PO Box 1150, Port Angeles, Washington 98362, North Olympic Salmon Coalition, hereinafter referred to as (NOSC), PO Box 699, Port Townsend, Washington 98368, Port of Port Angeles, hereinafter referred to as (Port), PO Box 1350, Port Angeles, Washington 98362, Lower Elwha Klallam Tribe, hereinafter referred to as (LEKT), 51 Hatchery Road, Port Angeles, Washington 98363, and the Washington State Department of Fish and Wildlife, hereinafter referred to as (Department) 600 Capitol Way N., Olympia, Washington 98501 -1091, for the period March 1, 2002 through December 31, 2003. For the purposes of this Agreement, it is understood that all references to the City, NOSC, Port, LEKT or the Department also include an appointed designee. WHEREAS, the City owns, operates, and maintains public utilities and rights -of -way, including a water line crossing of Valley Creek (18.0249) which lies on land owned by the City in the North East 1/4 of Section 9, Township 30 North, Range 06 Western W.M. Clallam County, Washington. Tax Parcel Numbers 063000039000 and 063000039075. WHEREAS, Valley Creek (WRIA 18.0249), a tributary of Port Angeles Harbor, flows across the above described pipeline right -of -way. Upstream fish passage in Valley Creek presently is restricted because of hydraulic conditions at the water pipeline crossing. Said pipeline crossing constitutes a fish passage obstruction in its existing configuration. NOW, THEREFORE, pursuant to the above recitals and in lieu of the Department asserting any available rights or remedies at law or in equity with regard to the establishment of the existence of fish passage obstructions and the necessity for the removal thereof, and in accordance with the Interlocal Cooperation Act, Chapter 39.34 RCW, the City, NOSC, Port, LEKT and the Department (collectively hereinafter "Parties to this Agreement acknowledge and agree to provide fish passage by relocating and restoring the stream channel in the near vicinity in accordance with the following: WDFW CONTRACT #36022395 1 PURPOSE OF AGREEMENT The purpose of this Agreement is to provide for the final design, project management, construction, and construction supervision of a cooperative fish passage/habitat restoration project which mainly consists of building a channel bypass and modifying channel conditions at the existing water pipeline crossing of Valley Creek (WRIA18.0249) so as to freely pass fish in accordance with RCW 77.55.60. SCOPE OF WORK Within the budget limitations of this Agreement, the Parties shall undertake and complete the cooperative fish passage and habitat restoration project (hereinafter "project set out below: The Department will, within the limitations of this Agreement: 1) Provide $25,000 of the project cost as in -kind services. 2) Provide the project design. 3) Obtain all permits required to conduct said work, except for right of entry on lands owned by the City. 4) Construct the project per designs approved by the City and other parties, said design to become an attachment to this Agreement and incorporated herein by reference. 5) Correct Project design deficiencies for a period of one (1) year following the project's completion. 6) Cooperate with the Parties to generally facilitate successful completion of work under this Agreement. The City will, within the limitations of this Agreement: 1) Reimburse the Department for $18,000 of the project costs. 2) Promptly review, comment and approve the final project design. 3) Provide right of entry to the Department on lands owned by the City and necessary to the expedient completion of the project. 4) Cooperate with the Department to generally facilitate successful completion of work under this Agreement. 5) Relocate the pipeline crossing to below the streambed. WDFW CONTRACT #36022395 2 f NOSC will, within the limitations of this Agreement: 1) Reimburse the Department for $25,000 of the project costs. 2) Promptly review, comment and approve the final project design. 3) Cooperate with the Department to generally facilitate successful completion of work under this Agreement. The Port will, within the limitations of this Agreement: 1) Reimburse the Department for $20,000 of the project costs. 2) Promptly review, comment and approve the final project design. 3) Provide an estimated $12,000 in kind services to include providing the following materials and services on the construction site: streambed gravel, spawning gravel, woody debris and channel excavation services. 4) Cooperate with the Department to generally facilitate successful completion of work under this Agreement. The Lower Elwha Klallam Tribe will, within the limitations of this Agreement: 1) Participate in identifying and approving the habitat structures (LWD) to be hauled to the site. 2) Promptly review, comment and approve the final project design. 3) Cooperate with the Department to generally facilitate successful completion of the work under this Agreement. 4) In cooperation with the Department, implement the revegetation plan and work with the Department to install final details of habitat structures as shown on the plans. TIME OF PERFORMANCE The Department shall complete all specified project work, including submission of reports and/or other required documentation, by December 31, 2003. Project work includes planning, permitting and design work completed prior to the execution of this Agreement. WDFW CONTRACT #36022395 3 r PROJECT ADMINISTRATION The Department shall be the lead agency and shall be responsible for administration of the project. Administration of this Agreement for the Department shall be conducted by Mike Barber, or such other persons as may be designated by the Director of the Department. Administration of this Agreement for the City shall be conducted by Jim Mahlum, or such other persons as may be designated by the City. Administration of this Agreement for NOSC shall be conducted by Paula Mackrow, or such other persons as may be designated by NOSC. Administration of this Agreement for the Port shall be conducted by Curtis Shuck, or such other persons as may be designated by the Port. Administration of this Agreement for the LEKT shall be conducted by Mike McHenry, or such other persons as may be designated by the LEKT. DIRECTION AND CONTROL The Department agrees that it will perform this Agreement as an independent contractor and not as an agency, employee, or servant of the Parties. The Parties agree that the Department is not entitled to any benefits or rights employed by employees of the Parties. The Department specifically has the right to direct and control its own activities in accordance with the requirements of this Agreement. PAYMENT The City's participation shall consist of a payment to the Department in an amount of $18,000, for project design, construction and construction supervision costs incurred by the Department. The Port's participation shall consist of a payment to the Department in an amount up to but not to exceed $20,000, for project design, construction and construction supervision costs incurred by the Department, in addition the Port will provide in kind services (materials and excavation services) as identified in "The Port will...item #3 in the Scope of Work said in kind services have an estimated value of $12,000. NOSC's participation shall consist of a payment to the Department in an amount up to but not to exceed $25,000, for project design, construction and construction supervision costs incurred by the Department (Includes 1 year tune up). The first $38,000 of project expenditures shall be billed to the City ($18,000) and the Port ($20,000). NOSC and the Department will equally split the next $50,000 of project expenditures. Reimbursement shall include all related Department expenditures necessary to complete this project, including plans, designs, permit acquisitions, materials, equipment, indirect costs, meals, travel, lodging, and related expenditures made on or after March 1, 2002. Expenses will not exceed state per diem rates for the Port Angeles area. All requests for reimbursement must be approved by the Accounting Manager of the Department. The Department will document costs for engineering, field work, permitting costs, material costs, construction costs and construction supervision for which reimbursement is requested. Progress payments will be authorized on a monthly basis when supported and approved by the appropriate funding party. Payment to the Department for approved and completed invoices will be made within sixty (60) days of receipt of invoices. All obligations of the Parties are contingent on local appropriation of funds for the project in accordance with law. WDFW CONTRACT #36022395 4 All parties reserve the right to require additional supporting documentation and to withhold payment until all required documentation is received and determined to support expenditures. OVERRUN OF COST ESTIMATE In the event the total Project costs exceed the estimated costs, the Department shall be responsible for all costs exceeding the estimate, unless otherwise negotiated and approved by the Parties. INDIRECT COST All indirect costs charged under this Agreement will reflect the approved rate, as submitted by the Department's federal cognizant agency, the U.S. Department of Commerce, Office of the Inspector General, for each state fiscal year beginning July 1, 2001. Indirect costs incurred by the Department will be billed at the approved rate for the duration of this contractual document. Should the approved rate change, the Department will provide evidence of federal approval of the new rate along with the first request for reimbursement of the new rate to the funding source. If an amendment to the budget is deemed necessary by the funding source as a result of a change in the Department's indirect cost rate as approved annually by the Department's federal cognizant agency, the Parties shall advise the Department of necessary procedures. OTHER FUNDING This Agreement in no way restricts any party from participating with any public or private agencies, organizations, and individuals or by accepting contributions, gifts or mitigation money to be applied to any parties portion of the planning, engineering, construction, administration, operation, and preservation of this project. RIGHT -OF -ENTRY The City grants to the Department, and all parties to this Agreement, the right to enter upon City owned lands necessary to the expedient completion of this project, with any equipment determined appropriate by the Department, for the purpose of designing, constructing, tune up, and inspecting the project. OWNERSHIP AND MAINTENANCE The City shall have ownership of the completed project as covered by this Agreement. WDFW CONTRACT #36022395 5 JOINT HOLD HARMLESS Each party to this Agreement shall be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. No party assumes any responsibility to any other party for the consequences of any act or omission of any person, firm, or corporation not a part to this Agreement. ACCESS TO BOOKS /RECORDS The Parties may, at reasonable times inspect or audit the books and records of any other party relating to performance of this Agreement. The Parties shall keep all records required by this Agreement for six (6) years after completion of the project for inspection or audit purposes. COMPLIANCE WITH LAWS All work performed under this Agreement shall comply with all federal and state laws, local laws and ordinances, and applicable permit requirements, including but not limited to requirements of the Shoreline Management Act and the State Hydraulics Code. CONFLICT BETWEEN ATTACHMENTS AND TEXT Should any conflicts exist between any attached exhibit and the text of this Agreement, the text shall prevail. TERMINATION Any of the parties may terminate this Agreement by giving written notice to the others, at the addresses first noted herein, of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. If the Agreement is terminated, the Department will be paid an amount which bears the same ratio to the total services of the Department covered by this Agreement. GOVERNING LAW AND STIPULATION OF VENUE This Agreement shall be governed by the laws of the State of Washington. The parties stipulate that any lawsuit regarding this Agreement must be brought in Thurston County, Washington. WAIVER Any waiver by any party hereto with regard to any of its rights hereunder shall be in writing and shall not constitute or act as a waiver to any further rights which such party must have hereunder. No waiver by any party of any term or condition of this Agreement shall be deemed nor construed as a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed as a waiver of any subsequent breach whether of the same or a different provision of this Agreement. WDFW CONTRACT #36022395 6 CONTINGENCY The obligation of the parties under this Agreement is contingent upon local and state legislative appropriation of necessary funds in accordance with law. In the event funding from state, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, then any party may terminate this Agreement under the "Termination" clause, subject to renegotiation under those new funding limitations and conditions. SEVERABILITY Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. IDENTIFICATION Agreement Number 36022395 must appear on all plans, specifications, correspondence, invoices and related materials. ENTIRE AGREEMENT The Agreement merges and supersedes all prior applications, representations, negotiations, approvals, and understandings between the parties hereto relating to the subject matter of this Agreement and constitutes the entire Agreement between the parties. WDFW CONTRACT #36022395 7 CITY OF PORT ANGELES WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 'F ate MAY 14 2002 ayor Date Bill Brooks Date Contracts Officer NORTH OLYMPIC SALMON COALITION h______7\\ Da e PORT OF PORT ANGELES CQ19.32_ It D t LOWER ELWHA KLALLAM TRIBE 4 7 7f S '-o Date WDFW CONTRACT #36022395 8 I CONTRACTS OFFICE A nvil 01 2002 WASHINGTON DEPARTMENT OF FISH WILDLIFE ATTACHMENT "A" Valley Creek City Fish Passage Project City of Port Angeles Contract In kind Design, Construction, Tune up $14,400 Overhead 3,600 Total 18,000 Port of Port Angeles Design, Construction, Tune up $16,000 $12,000 Overhead 4,000 Total 20,000 North Olympic Salmon Coalition Design, Construction, Tune up $20,000 Overhead 5,000 Total $25,000 WDFW Design, Construction, Tune up $20,000 Overhead 5,000 Total $25,000 Total $88,000 $12,000 WDFW CONTRACT #36022395 9 RAC OFF1C'= CONTRACTS OFFICS 1 2 5 2002 MAY 0 3 2 WASHINGTON DEPARWMENT OF FISH WILDLIFE EN T Or FISH WILDLIFE WASHINGTON 3