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Home My WebLink About20-211-WTR-001 Interlocal Agreement COA#20-211-WTR-001 AGREEMENT BETWEEN THE CITY OF OAK HARBOR AND THE CITY OF ANACORTES FOR INSTALLATION OF CONDUIT AND FIBER OPTIC CABLE WITHIN THE CITY OF OAK HARBOR'S 24-INCH WATER MAIN FROM SHARPES CORNER TO DECEPTION PASS BRIDGE This agreement, made and entered into this day of • -pSbgt , 2020, by and between the CITY OF OAK HARBOR, a municipal corporation of the State of Washington, hereinafter called "Oak Harbor" and the CITY OF ANACORTES, a municipal corporation of the State of Washington, hereinafter called "Anacortes", hereinafter individually called "Party" or collectively "Parties". WHEREAS, Anacortes and Oak Harbor entered into a general cooperative agreement relating to public works projects on December 17, 2019; and WHEREAS, Anacortes is in the process of installing conduit and fiber optic cables within its water lines from Sharpes Corner to Deception Pass; and WHEREAS, Oak Harbor is in need of a conduit and fiber optic cables within its water lines from Sharpes Corner to Deception Pass; and WHEREAS, the Parties have determined that it would be in the best interests of the citizens to enter into a joint or cooperative undertaking, pursuant to provisions of the State of Washington "Interlocal Cooperative Act", Chapter 239, Laws of 1967; and WHEREAS, Anacortes has offered to complete and install conduit from the Pass Lake intertie to the Rock Bridge intertie at Deception Pass at no cost to Oak Harbor as shown in "Exhibit A"; and NOW, THEREFORE, the parties hereto, in consideration of the promises, mutually covenant and agree as follows: 1. Project Assurances. a. Oak Harbor attests that they have familiarized themselves with the Craley Atlantis Hydrotec materials, fittings, and installation techniques and understand the inherent risks associated with installing, operating and maintaining the Craley product within a live water system. b. Oak Harbor warrants that the water line is of sufficient quality, condition, and materials that is capable of withstanding the installation of the Craley product. c. Anacortes City staff are familiar with and have experience in the installation of the Craley product and will use the same level of caution and care as if they were installing the Craley product in a City of Anacortes waterline. 2. Consideration. a. Anacortes: i. The City of Anacortes will pay all costs for materials and installation of Craley product and fiber strands within Oak Harbor's 24-inch water line. Interlocal Agreement between Anacortes and Oak Harbor For Installation of Conduit and Fiber 10/2020 Page 1 of 5 ii. Once installed, Anacortes will provide Oak Harbor with unrestricted and exclusive use of two 12-strand buffer tubes (or 24 fiber strands) located between Sharpes Corner and the Pass Lake vault, for use by the City of Oak Harbor or its agents. iii. Anacortes will provide Oak Harbor with ownership of all 144 fiber strands located between Pass Lake vault and the Rock Bridge intertie. b. Oak Harbor: i. The City of Oak Harbor hereby grants Anacortes the right to install Craley product and fiber strands in its 24-inch water line. ii. Oak Harbor hereby grants Anacortes a leasehold interest to maintain the conduit and fiber lines in the pipe for the life of the pipe, as described in Exhibit A hereto. 3. Project Management and Access: a. Anacortes currently plans to install 144 strands of fiber optic cable within the Craley product or duct. Anacortes or its contractor will install the Craley product within the Oak Harbor owned, maintained, and operated water line from Sharpes Corner to the Rock Bridge intertie at Deception Pass, as described in Exhibit A. b. Anacortes will provide Oak Harbor or its agents unrestricted and exclusive use of a two 12-strand buffer tube (which includes 24 strands) included in the 144 strand fiber bundle, located between Sharpes Corner and the Pass Lake vault. Anacortes will retain ownership and exclusive use of all remaining 120 fiber strands located between Sharpes Corner and the Pass Lake vault. c. Oak Harbor or its agents will have exclusive ownership and assume responsibility for all maintenance of all 144 fiber stands and Craley product located between the Pass Lake vault and the Rock Bridge intertie at Deception Pass. d. Anacortes anticipates completing the project by July 2021. e. The Parties agree that Anacortes will have the sole right to conduct, direct, and control any maintenance and repair work on the Craley ducts or strands contained therein within Oak Harbor's water line. However, nothing contained herein shall restrict Oak Harbor's rights regarding the operation and maintenance of its water lines. f. Oak Harbor agrees to grant Anacortes unrestricted access to the Craley product equipment located in the Oak Harbor Water pipe. Anacortes agrees to provide Oak Harbor advance notice of plans to access the fiber vaults or equipment. Access is subject to applicable federal, state, and local rules and regulations. g. Oak Harbor agrees to provide Anacortes with advance notice of any work on its water lines that may interfere with the fiber conduit or strands. h. Future maintenance, repairs, and replacement costs that apply to all fiber strands or the conduit located between Sharpes Corner and Pass Lake vault will be paid by the Parties on a pro-rata bases with 84% to be paid by Anacortes and 16% to be paid by Oak Harbor. i. Any costs to maintain or repair only one Party's strands shall be borne solely by the Party who owns the strands. j. Any maintenance or replacement costs caused by one Party's sole negligence, shall be paid by the negligent Party. Interloca!Agreement between Anacortes and Oak Harbor For Installation of Conduit and Fiber 10/2020 Page 2 of 5 k. Anacortes shall obtain any and all permits or permissions necessary for the installation of the conduit and fiber. Oak Harbor shall assist as necessary. 4. Insurance: Each party agrees to procure and maintain insurance in a type and amount determined to be appropriate by each party's risk manager. 5. Indemnification: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions and those of its officials, officers, agents, employees, volunteers, assigns, contractors, subcontractors, and/or consultants to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability, loss, and/or expense, including but not limited to, judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the other party, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, except to the extent such injury to persons or damage to property is due to the negligence of the other party, its subcontractors, its elected officers, employees, volunteers, and/or their agents. It is further provided that no liability shall attach to either party by reason of entering into this contract except as expressly provided herein. 6. No separate legal entity: No separate legal entity is created by this agreement. 7. No joint property: No fixed assets or real or personal property will be jointly or cooperatively acquired, held, used or disposed of by the parties pursuant to this agreement. 8. Dispute resolution: In the event of any dispute relative to the operation of this agreement, such dispute shall be resolved by the governing body of each entity appointing two of its members to an investigating committee, which said committee shall investigate and report back to the respective entities the results of their investigation and shall give their recommendations to the respective governing bodies. 9. Modifications: This joint cooperative undertaking shall be in effect from the date of execution and shall remain in effect indefinitely. This agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. 10.Liberal Construction: This joint cooperative undertaking shall be liberally construed to accomplish the purpose for which it was entered into. 11 .Compliance with laws and terms of grants: The parties to this Agreement shall comply with all applicable federal, state, and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement. If applicable, compliance with laws shall specifically include, but not be limited to, compliance with laws pertaining to the payment of prevailing wage on public works, including, but not necessarily limited to RCW 39.12. If applicable, compliance with laws shall also specifically include, but not be limited to, compliance with laws for the procurement of contracts for architectural and engineering services, including, but not necessarily limited to RCW 39.80. If necessary, the parties shall obtain and comply with all necessary permits and approvals from all applicable jurisdictions prior to commencing any work related to this Agreement. Each party individually recognizes and agrees that it shall be solely and separately responsible and liable for compliance with all terms and conditions of any applicable grant(s) obtained or procured in such party's name 12.Assignment and Subcontracting: No portion of this Agreement may be assigned, contracted, and/or subcontracted to any other individual, firm, company, and/or other entity by either party. 13.Default: Failure of the parties to comply with the terms of this Agreement shall constitute Interlocal Agreement between Anacortes and Oak Harbor For Installation of Conduit and Fiber 10/2020 Page 3 of 5 default. The parties shall have all remedies for the enforcement of this Agreement as provided by law. 14.Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Skagit. This Agreement shall be governed by the laws of the State of Washington. 15.Captions and Counterparts: The captions in this Agreement are for convenience and reference only and do not define, limit, or describe the scope or intent of this Agreement. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. IN WITNESS THEREOF, the City of Oak Harbor has caused this instrument to be executed by its Mayor, being thereunder duly authorized and the City of Anacortes has caused this instrument to be executed by its Mayor, being thereunto duly authorized. DATED THIS .23e-d- day of lo/e t e- , 2020 CITY HA BOR, ISHINGTON t Robe Severns, ayor ATTEST: e �C�04.1 J lie Lindsey, City C APPROVED AS TO FORM c-Piiiic ( Q1Grant We , City Attorney CITY OF ANACORTES, WASHINGTON Laurie Gere, Mayor ATTEST: Interlocal Agreement between Anacortes and Oak Harbor For Installation of Conduit and Fiber 10/2020 Page 4 of 5 CITY OF ANACORTES: By: 4 Laurie Gere, Mayor Dated: O C] , 2020 Attest: /9Z<./3.,ILQ Steven D. Hoglund, Finance Director Approved as to form and legality: --eP Darcy wetn , nacortes Attorney Interlocal Agreement between Anacortes and Oak Harbor For Installation of Conduit and Fiber 10/2020 Page 5 of 5 "Wet Fiber" %Arne Oak Harbor Waterline .‹ "Exhibit A" & a ar 4Sharpe's •(—Corner 24 Strand Fiber Pass Lake Phase 1B Rock Bridge � Intertie Phase 1A Phase 3 4'4t6r P:tir I 03tlf fll ..lvt+. Legend Million Gallon Water Tank Pass Lake Vault to Rock Bridge Intertie , 4.r - Pass Lake Vault to Sharpe's Corner Rock Bridge Interite to Sharpe's Corner N v4 Rock Bridge to Million Gallon Tank rFAr . d N A Oak Harbor W o,f. S Sources: Esri, HERE,Garmin,USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI,Esri China(Hong Kong), Esri Korea, Esri(Thailand),NGCC, (c) OpenStreetMap contributors,and the GIS User Community