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Home My WebLink About000907 Original Contract City of Port Angeles Record #000907 INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, AND CLALLAM COUNTY PUBLIC HOSPITAL DISTRICT NO. 2 REGARDING WASTEWATER/STORMWATER SYSTEM IMPROVEMENTS THIS INTERLOCAL AGREEMENT ("Agreement") is entered into 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." In consideration of the benefits to be derived from the terms, conditions, and covenants set forth below, the Parties recite and agree as follows: 1. Recitals A. Pursuant to Title 35 RCW, the City owns and operates a wastewater system and stormwater system located in Port Angeles, Washington (the "Systems"); B. OMC owns and operates Olympic Memorial Hospital located at 939 Caroline Street, in the City. Olympic Memorial Hospital is provided wastewater and stormwater collection service through the Systems; C. OMC is building a new Medical Office Building (MOB) that requires modification of the Systems; D. The development of the MOB site, including related parking lots, will require improvements to the stormwater system and rerouting the City's sewer line; E. Concurrently, the City desires to construct additional improvements to the Systems that will enhance utility service in the larger residential/commercial area surrounding the MOB site. F. OMC is responsible for expenses related to the Systems made necessary by construction of the MOB. City is responsible for expenses related to the Systems' improved service to City residents. G. The Parties enter into this Agreement pursuant to RCW 39.34, the Interlocal Cooperation Act, to define scopes of work and compensation arrangements for improvements to the Systems. 2. OMC Obligations A. OMC shall provide a contribution to the City in the fixed amount of $272,500 to reroute the sewer line around the MOB site and to install a new stormwater line along the alley between Caroline and Georgiana Street from Race St to Page 1 of 5 Francis Street and extending on Race Street to Georgiana Street. The full amount of $272,500 shall be provided to the City prior to award of the construction contract. The City agrees to accept this amount as payment in full by OMC for the improvements in Exhibit A. B. OMC will coordinate with the City on the designs and construction schedules of the MOB construction and the improvements and modifications of the Systems. C. OMC will be responsible for connecting the MOB waste and storm lines into the Systems. D. OMC will be responsible for the proper abandonment of the existing sewer line on OMC property once the rerouted line is complete and all users have been reconnected to the new line. E. In concert with the MOB development plan, OMC will pave the 100 foot section of City owned alley west of Washington St, between Caroline St and Georgiana St, which is not part of the alley vacation agreement. 3. City Obligations A. The City shall complete designs, specifications, and contract documents for the improvements to the Systems B. The City will award and manage the construction contracts for improvements to the Systems in accordance with this Agreement and Washington State public works bidding laws. Utility wastewater and stormwater improvements will be complete by September 30, 2015 to allow the MOB construction to connect to these Systems. C. The City will coordinate with OMC on the design and construction to ensure that City utility work does not conflict with OMC utility work and that the designs consider and do not conflict with OMC underground electrical line installation for the MOB. D. The City will coordinate designs and construction schedules with OMC. E. The City shall give written notice to the OMC Plant Operations Manager at least seven calendar days prior to commencing utility construction. F. The City will reserve 3 cfs for future OMC development for the stormwater line at the intersection of Washington Street and Georgiana Street to its discharge point at the Francis Street outfall. Page 2 of 5 G. Should OMC withdraw the construction work prior to the City awarding and executing the contract for this work, OMC will be refunded the full amount of any contribution they have made to the City for it. 4. Provisions of Service Wastewater and stormwater service to the OMC will be subject to all provisions and conditions of service as defined in Title 13 of the Port Angeles Municipal Code. 5. Term and Effective Date of Agreement This Agreement shall be effective on the date upon which it has been signed by both Parties and will continue until modifications of and improvements to the Systems are completed. 6. Remedies In the event of any dispute about the terms or provisions of this Agreement or upon default of any term or provision of this Agreement, the Parties shall attempt to resolve such dispute or default through mediation. If mediation is not successful, the Parties shall have and may exercise all rights and remedies existing at law, including the right to seek other damages allowed by law. The Clallam County Superior Court will be the venue for any litigation. 7. Attorneys' Fees and Costs In the event it is necessary for either Party to utilize the service of an attorney to enforce any of the terms of this Agreement, such enforcing Party shall be entitled to compensation for reasonable attorneys' fees and costs. In the event of litigation regarding any of the terms of this Agreement, the substantially prevailing Party shall be entitled, in addition to other relief, to such reasonable attorneys' fees and costs as determined by the court. 8. Remedies In the event of default of any provision of this Agreement, the non-defaulting Party shall have all rights and remedies existing at law, including the right to seek other damages allowed by law. The Clallam County Superior Court will be the venue for any litigation. 9. Notices Any notices shall be effective if personally served upon the other Party, or if mailed by registered or certified mail, return receipt requested, to the following Page 3 of 5 addresses, or such other address as a Party may designate in writing, and shall be deemed given on the date of mailing: City of Port Angeles c/o City Manager 321 E. Fifth St. Port Angeles, WA 98362 Olympic Medical Center c/o Administrator 939 Caroline St. Port Angeles, WA 98362 10. No Separate Entity No separate legal or administrative entity is created by this Agreement. 11. Entire Agreement This Agreement contains the entire agreement between the Parties with respect to installation of, and compensation for the wastewater and stormwater system improvements, and supersedes all prior Agreements or understandings between the Parties with respect thereto. IN WITNESS WHEREOF, the Parties have executed this Agreement the day of 2015. Clallam County Public Hospital District No. 2, d/b/a Olympic Medical Center CITY OF PORT ANGELES Eric Lewis,CEO/Administrator City Manager Date Signed: �' Date Signed: -5(/0(` 1 App oved as to Form: City Attorney Attest: y Clerk Page 4 of 5 E ON ❑ ❑ ❑ ❑ Tc , I i czc - - m m L------- z z m m �� im 0 o - T. N i A n c r---- -- -------- O vmo r lilliln ling �i g RaD j II z� m T 5 g I z mm z o o oz T _ D 01 Z - I I• '' � c 0 0 } m m �' ❑oo v o " D _ m m m z z, m - ) 1111111❑1 El iLlllfl I '__ LL -I FIT , I _71 ! I 0 D ❑ ! ❑❑1 111❑LL;1L , I � 2 JAB _ I ❑ I i t I I i I I I I I. � � I L-__.l L11111111..L1..1.1 � I F1 El ° �❑ NOT FOR CCINSTRUCTION OLYMPIC MEDICAL CENTER o 0 m C� D {m m MIXED COMMERCIAL OVERLAY ZONE A I S a PORT ANGELES,WA g „ g� s�