HomeMy WebLinkAboutIL252 Interlocal Agreement AN INTERLOCAL AGREEMENT
BETWEEN THE PORT OF ANACORTES AND THE
CITY OF ANACORTES
FOR EMERGENCY REPAIRS OF A SEWER OUTFALL
This Agreement(the "Agreement") is entered into by and between the Port of Anacortes, a
Washington municipal corporation (the "Port") and the City of Anacortes, a Washington municipal
corporation (the "City").
WHEREAS,the Port owns Pier 2 shipping terminal ("Pier 2")which is used for bulk cargo
shipping operations, which includes loading petroleum coke and prilled sulfur onto barges, receiving the
bulk products via truck, and maintaining and managing Pier 2 to comply with the Port's various permits
(the "Loading Operations"). A portion of Pier 2 is on property owned by the Washington Department of
Natural Resources and managed by the Port pursuant to the Port Management Agreement(the "PMA
Property").
WHEREAS,the Port has scheduled vessel arrivals,vessel berthing, Loading Operations and vessel
departures for the period of the Work(the "Vessel Schedule") as referenced and attached hereto as
Exhibit"A". The schedule is subject to change based on business needs of the Port customer.Any
deviation from the Vessel Schedule by the Port could result in significant monetary impacts to the Port.
WHERAS,the Port has scheduled a bulkhead wall repair to the bulkhead at Pier 2 which will
start on October 2, 2017 (the "Bulkhead Project"). Delay or interference in the Bulkhead Project could
result in significant monetary impacts to the Port.
WHEREAS,the City's wastewater treatment plant (the "WWTP") outfall needs to be repaired
because, due to damage to the outfall pipe,treated effluent is not making it to the permitted discharge
point, which is the diffuser located just west of the north face of Pier 2. Rather, effluent escapes
through cracks in the outfall pipe before reaching the diffuser. The City needs to conduct an emergency
public work to repair the outfall to protect human health and the environment and to comply with its
various permits for operation of the WWTP.
WHEREAS,the emergency public work involves replacing approximately 120 feet of concrete
pipe with HDPE pipe, between the existing HDPE diffuser and the end of the existing HDPE pipe that was
previously inserted into the original concrete pipe. When the HDPE pipe was inserted into the concrete
pipe, it was not possible to make it all the way to the diffuser, leaving the approximately 120 foot gap in
HDPE pipe. This project will remove approximately 120 feet of the original concrete pipe and replace it
with HDPE. A cofferdam will be constructed around the existing pipe with sheet piling, not for
dewatering, but to contain sediment. A barge-mounted excavator will expose the existing concrete
pipe, which is sitting on, and strapped to, wood piling,will remove the pipe, and will replace it with new
HDPE using the existing piling.The spoils will be placed on a barge, where it will remain until transported
offsite for disposal. The excavation will be backfilled with clean sand and the sheet pile cofferdam
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removed. Since it is not possible for the WWTP to operate for more than a few hours without the
outfall, it will be necessary to construct a temporary outfall bypass line. The bypass line will intercept
the existing outfall pipe at the newly constructed manhole between the south side of the storm water
basin and the north DCI fence. The bypass will come out of the manhole, run west to the existing fence,
and then follow the fence to the north end of Pier 2 where it will follow the westerly edge of the pier
until the pipe enters the water near the northwest corner of the pier. The pipe will connect to a
temporary diffuser that will be strapped to the existing diffuser. The temporary pipe will lie on the
ground surface and will be held in place via straps to concrete "ecology" blocks (the "Work").
NOW THEREFORE, pursuant to chapter 39.34 RCW and RCW 52.30.020 the Port and the City
agree as follows:
1. The following exhibits are attached hereto and incorporated by reference.
Exhibit A Vessel Schedule
Exhibit B Map of the area of the Work
Exhibit C Form of Limited Waiver of
Immunity under Title 51 and
USL&H
2. City to Undertake the Work. The Port hereby grants to the City a non-transferrable license to
come onto Pier 2 for the purpose of conducting and installing the Work. The license is granted subject
to the terms and conditions of the PMA. To the extent reasonably required to conduct the Work, the
Port grants to the City a temporary easement over and across that portion of Pier 2 within the PMA. A
map showing the areas of the Work is attached hereto as Exhibit"B."
3. Schedule of Work and Coordination with Terminal Operations. The Work will begin August 1,
2017 and be completed no later than September 29, 2017 (the "Work Window") by which time the
City's project shall be complete and demobilized. At the Port's discretion,the Work Window may be
reasonably extended provided that such an extension and the Work undertaken during the extension
does not impact the Bulkhead Project and/or Loading Operations.
4. Impact to Terminal Operations and/or Bulkhead Project. The City will manage the Work and its
contractors such that the Work will have no more than a minimal impact to the Port's normal terminal
operations,the Loading Operations or the Bulkhead Project. In this regard,the City will not interfere
with the Port's normal terminal operations or the Loading Operations and will coordinate their activities
and require their contractor to coordinate its activities to avoid impacts to the Loading Operations
and/or the Bulkhead Project. It is recognized that this may require (i)temporary cessation or relocation
of the Work to allow the Loading Operations to occur or(ii) increased shifts to accomplish the Work by
September 29, 2017.
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5. Cooperation and Project Coordinators. The Port and the City recognize that close cooperation
and coordination will be necessary to complete the Work in a timely manner without significant
disruption to the Vessel Schedule, normal terminal operations or Loading Operations. Therefore,the
Port and the City appoint the following Project Coordinators. The Project Coordinators will be the point-
of-contact between the Port and the City. It is anticipated that they will communicate regularly to
anticipate issues and resolve issues in a timely manner so that the goals and purposes of this Agreement
can be achieved. The Project Coordinators will keep each other reasonably informed concerning the
Work schedule,the Vessel Schedule and the Bulkhead Project schedule with the goal of coordinating all
these activities.
FOR THE PORT: Jenkins Dossen
Project Manager
(360) 299-1814
FOR THE CITY: Matt Reynolds
Assistant Public Works Director
(360) 299-1951
6. No Port Direction to City Consultants or Contractors. In no event will the Port provide direction
to City contractors or consultants or be responsible for any claim that it provided such direction. Any
communication with the Port shall be advisory only. This includes any requirement or direction
concerning safety. The City shall retain complete responsibility to direct its contractors and consultants,
including any safety direction or planning. The City will inform its contractors and consultants of the
limitation of the Port.
7. Term. This Agreement will commence on July 3 i, 2017 and remain in effect until the Work is
completed.
8. True and Full Value. This Agreement provides true and full value (as required by RCW
43.09.210) to the Port and the City because the Work will protect Pier 2 from damage.
9. Outfall Easement. At the conclusion of the Work and subject to the terms and conditions of the
PMA,the Port and City will engage in negotiations for a utility easement to the City for that portion of
the sewer pipe, diffuser pipe, and outfall on the PMA Property. The City will provide a legal description
of the location of the sewer pipe, diffuser pipe, and outfall.
10. Notices. All notices, requests, demands and other communications required by this Agreement
shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to
have been given when provided to the respective Project Coordinators.
11. Casualty Loss to City, Contractor or Consultant Property. The Port shall not be responsible to
the City or its contractors or consultants for any property loss or damage done to the equipment
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material or other property of the City, its contractors or consultants, occasioned by reason of any fire,
storm or other casualty whatsoever. It shall be the property owner's responsibility to provide its own
protection against casualty losses of whatsoever kind or nature, regardless of whether or not such loss is
occasioned by the acts or omissions of the Port,the City,the contractor,the consultant, a third party, or
act of nature.
12. Contractor and Consultant Insurance. Prior to entering onto Pier 2 to perform any portion of
the Work,the City shall require its contractor and any consultant coming onto Pier 2 to procure and
maintain a comprehensive general liability policy covering all claims for personal injury (including death)
and property damage (including all real and personal property of the Port located on the Pier 2) arising
on the Pier 2 or arising out of the Work. The limits of liability shall be not less than One Million Dollars
($1,000,000)for each occurrence and in the aggregate. The liability policies shall contain a cross-liability
provision such that the policy will be construed as if separate policies were issued to the Port and the
contractor or consultant. The foregoing insurance policy shall name Port as an endorsed additional
insured. The City shall provide the Port with certificates of insurance and, if requested, copies of any
policy to the Port. Furthermore,the policy of insurance required herein shall: (i) be written as a
primary policy; (ii) contain an express waiver of any right of subrogation by the insurance company
against the Port and the Port's elected officials, employees, or agents; and (iii) expressly provide that the
insurance proceeds of any loss will be payable notwithstanding any act or negligence of the contractor
which might otherwise result in a forfeiture of said insurance.
13. Liability to Third Parties—Waiver of Industrial Insurance Protection. Prior to entering onto Pier
2 to perform any portion of the Work,the City shall require any contractor or consultant to provide a
limited waiver of any immunity that may be granted under the Washington State Industrial Insurance
Act,Title 51 RCW,The United States Longshore Harborworkers' Compensation Act and/or the Jones Act
for claims brought by any employee of that contractor or consultant against the Port in the form
attached hereto as Exhibit"C".
14. Modification. This Agreement represents the entire agreement between the Port and the City.
No change,termination or attempted waiver of any of the provisions of this Agreement shall be binding
on either the Port or the City unless executed in writing by authorized representatives of each. The
Agreement shall not be modified, supplemented or otherwise affected by the course of dealings
between the Port and the City.
15. No Third Party Beneficiaries. This Agreement shall not be construed to provide any benefits to
any third parties, including but not limited to the employees or volunteers of any contractor or
consultant. Specifically, and without limiting the foregoing,this Agreement shall not create or be
construed as creating an exception to the Public Duty Doctrine.
16. Survival. All obligations of this Agreement shall not cease upon the termination of this
Agreement and shall continue as obligations until fully performed. All clauses of this Agreement that
require performance beyond the termination date, shall survive the termination date of this Agreement.
17. Entire Agreement. The entire agreement between the Port and the City is contained in this
Agreement and the exhibits hereto; and this Agreement supersedes all of their previous understandings
and agreements, written and oral,with respect to the terms and conditions herein. This Agreement
may be amended only by written instrument executed by the Port and the City subsequent to the date
hereof.
IN WITNESS WHEREOF,the parties have executed this Agreement this 3( day of
July, 2017.
PORT OF ANACORTES CITY OF ANACORTES
By: Brenda Treadwell By: Laurie G re
Its: Director of Planning, Properties Its: Mayor
& Environmental
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EXHIBIT A
VESSEL SCHEDULE
As of July 28, 2017—Subject to Change
Updates can be found at www.portofanacortes.com
ETA ETD VESSEL(TUG) CARGO QTY OWNER/CHARTERER
26L L
0700 28 1800 ORCA HELX PET COKE 7,750 MT RIO TINTO/DARGAS
JUL TBD AUG TBD MV NAVIOS SULFUR 12,300 MT OXBOW
29 08 FELICITY
23 AUG 0700 25G
1800 ORCA HELX PET COKE 7,750 MT RIO TINTO/DARGAS
12P P
0700 14 1800 ORCA HELX PET COKE 7,500 MT RIO TINTO/DARGAS
29 TBD OCT TBD BBC VESSEL MODULES 1,906 MT MAMMOET/TESORO
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EXHIBIT C
FORM OF TITLE 51, USL&H AND JONES ACT IMMUNITY WAIVER
LIMITED WAIVER OF IMMUNITY UNDER THE WASHINGTON INDUSTRIAL
INSURANCE ACT—TITLE 51 RCW,THE UNITED STATES LONGSHORE HARBOR
WORKERS' COMPENSATION ACT AND THE JONES ACT
For and in part consideration and as an inducement to the Port of Anacortes to allow the
undersigned contractor/consultant to enter upon the Port of Anacortes' property(including
property owned by the Washington Department of Natural Resources and managed by the Port) for
the purpose of undertaking the City sewer outfall emergency repair project (the "Project"), the
undersigned does hereby provide this limited waiver of immunity, to the fullest extent permitted
under the Washington Industrial Insurance Act—Title 51 RCW, the United States Longshore Harbor
Workers' Compensation Act and/or the Jones Act, for claims brought by the Port of Anacortes or
the Department of Natural Resources against the contractor or consultant arising from claims
brought against the Port and/or the Department of Natural Resources arising from injuries to its
employees working on the Project.
The contractor/consultant acknowledges that without this waiver the Port of Anacortes
would not permit the contractor/consultant to enter upon the Port's property and therefore the
contractor/consultant could not perform the Project work and receive the profit therefrom.
Therefore this waiver is supported by adequate consideration. This waiver may not be withdrawn
or modified by the contractor or consultant.
The undersigned has read this waiver and understands that it provides a limited
waiver of protection against claims and lawsuit from the Port of Anacortes arising
from injuries to contractors/consultants employees working on the Project. The
undersigned represents and warrants that he/she is authorized to sign this on behalf
of the contractor/consultant
Dated this day of July, 2017
[PRINT NAME OF CONTRACTOR OR CONSULTANT]
By:
Its:
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