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Home My WebLink About09/02/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA SEPTEMBER 2, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. #AB98-191 A. Minutes -August 19, 1998 B. Bid Award For Purchase Of Wastewater Pump From Triangle Pump #AB98-192 //¢ CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. SR-304 Transportation Improvement Project Supplemental Agreement With State To Provide Funding For Right-of-Way Acquisition Bo SR-304 Transportation Improvement Project Washington State Department Of Transportation And City Memorandum Of Agreement Regarding Transfer Of Personal Property (CONTINUED NEXT PAGE) #AB98-193 ,,~ C. Interlocal Agreement/Street Light Acquisition Group D. Me/~r~dum~f Und~~~ng. Pf'oje¢ RESOLUTIONS A. Resolution #2667, 1999 - 2004 Six Year Transportation Plan #AB98-196 ~'~ AGENDA BILL BREMERTON CITY COUNCIL !. SUBJECT': MINUTES - AUGUST 19, 1998 FOR AGENDA OF: ,qe?rmmh~r 9~ l qgR ORIGINATING DEPT: ~.i~y on,,nril ORIGINATOR: David W~rr: DATE SUBMITTED: ~-'28-q8 2. C~: (comment on back if necessary) ENDORSE2iF~NT__ INFORMATION MAYOR __ APPROVED B~ COUNCIL~SID~T~_?RSUBMITT.AL: COUNCIL PRESIDE/YT 4. S~Y STATEMENT AND REOUIREMENT FOR COI~CIL ACTION: 8. RECOP[MENDATION: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFIC/_AL: .EXPIRATION DATE: REVIEW DATE: PU/J,ED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED .DISAP.~ROVED ..DATE: AMENDED 2. CLEARANCE COMMENTS ~ ~.TMLo_ACT ON NON-PASSAGE: --~--~.=~. ;~C~.":{~ _STA3~FING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: TAPE #1563 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES AUGUST 19, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, August 19, 1998, at 5:30 P.M., with Council Vice-President Carlos Montgomery presiding. Council members present were Jim Reed, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council President David Farr was absent. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council Vice-President Montgomery and invocation given by Reverend William Wambsganss of West Side Baptist Church. Vice-President Montqomery made the following announcements: (1) The City Council held a 35-minute Executive Session prior to the Council meeting, 4:45-5:20 P.M., to discuss "Litigation". (2) The City Council held a 5-minute Executive Session from 5:20-5:25 P.M. to discuss "Personnel." CONSENT AGENDA None CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council #0033 MlSlClU(ArendslLaw) On August 19, 1998, the Council does approve for payment those vouchers included and further described as follows: 222799 through 222999 in the amount of $559,851.37; and Regular Payroll for the period ending August 15, 1998, in the amount of $752,170.00. COUNCIL MEMBER REPORTS Mr. Overson reminded everyone of the Swing City Committee's Arts & Crafts Show on August 22 and 23, which will include antique auto displays, etc. This event will be held on 4t~ Street and Pacific Avenue. Mrs. Arends reported that a segment of District #7 met on August 13, along with representatives from the Engineering Department, regarding the traffic signal at TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 2 of 11 the intersection of Callow Avenue and 1st Street. The meeting was well attended, and she extended special thanks to Gene Sampley, Public Works Director, and Lynn Price, Project Manager, for their participation. The resulting decision from that meeting will be continuation of that traffic signal until the Gateway project is farther along. Mr. Reed reported he received several inquiries about the traffic signal at Shorewood Drive and Kitsap Way, which has been an area of contention for several residents in that neighborhood. He followed up those calls with the Engineering Department and it appears they plan to recalibrate all stoplights from Marine Drive/Kitsap Way to Shorewood Drive shortly after the new lamps and poles are installed. Mr. Mont.qomery warned drivers to be aware of traffic route revisions when the intersection of 6th Street and Montgomery Avenue is closed for approximately one month due to a Public Works project. MAYOR'S REPORT Mayor Horton reported today a Press Conference was held to announce a new business coming into the City of Bremerton - 21'~ Century, which is a high tech research and development firm that will be relocating from the north central part of Kitsap County and expanding their operation. Getting this firm to locate in Bremerton was a collaborative process between the City of Bremerton, Port of Bremerton, and the Economic Development Council. Mayor Horton invited members of the City Council and the public to participate in a "Clean-Up" event on August 29, 9:00 AM - 3:00 PM; August 30, 11:00 AM - 3:00 PM; and August 31, 9:00 AM - 12:00 PM. Volunteers will meet at the City Hall gazebo at the start time each day to receive their assignments. Clean-up activities will include weeding, window washing, painting, etc. Anyone wishing to volunteer can call her office. Mayor Horton envisions this as an annual event, kicking off with the downtown area and expanding out to other parts of the commercial areas of the City, and possibly performing the clean-up pdor to summer in future years. Mr. Shepherd asked if volunteers should bring gloves and garden tools, etc. Mayor Horton stated yes. Mayor Horton introduced Kitsap County Fair and Rodeo Queen Kimberly Miller. queen Kimberly presented Mayor Horton with a hat, shirt, and pin advertising the Kitsap County Fair and Rodeo. She gave a bdef rundown of the various events she has attended so far this year as the Fair and Rodeo Queen. She announced the fair starts August 25 and runs through August 30. The Rodeo begins the evening of August 25, and ends the evening of August 29. Mayor Horton announced Queen Kimberly had pins available for $1 each, which help TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 3 of 11 pay her expenses while on road trips representing the County. She encouraged everyone's support. Bob Batton, Chairman of Sister City Committee for Kure Japan, and member of Bremerton Central Lions Club, introduced the 1998 exchange students from Kure, Japan, as well as our returning exchange students who had recently returned from Kure. He thanked Mayor Horton for her tremendous support of this program. He also thanked Elaine Valencia for her 15 years of support. He announced next year will be the 30-year anniversary for this program, and a trip to Japan is being planned. He is looking for anyone interested in going on this trip, and more information will be provided soon. Mayor Horton read the following Proclamation: (1) AUGUST 29 - OCTOBER 4, 1998 as Washington Water Week 1998. She announced Kitsap Diving Association, Washing Sea Grant, Sinclair Inlet Citizens Action Committee, and the Kitsap County Department of Service and Stormwater Management will hold a clean up and beautification effort on September 19, 1998, 11:00 A.M. - 2:00 P.M. at the First Street Dock. PUBLIC RECOGNITION Gordy Byrd related an incident that happened to him at 2nd Street and Washington Avenue that involved his inability to walk fast due to his being disabled. VirQil ElkinQton, Bremerton resident and downtown business owner, referenced City Council Meeting Minutes of January 28, 1998, (Page 21) where Rich Rucker, representing the Commercial Group made the statement "They will work to brin,q local business into the project and if for any reason they are displaced, they will be assisted in relocatinq on the periphery of the project that would hopefully be satisfactory to them. If necessary, the project will fully fund their move and any loss of business." Mr. Elkington emphasized at that time the City Council voted unanimously to authorize the Mayor to sign the Master Development Agreement. In that meeting. He asked the City Council to cause the Sinclair landing Association and the Commercial Group to put in writing specifically how they will address the existing small businesses in the downtown area, how they will perform equity, how much they will pay, and how equity will be achieved. Elizabeth Buell, Bremerton Resident, announced petitions will be circulated again to put the vote of fluoridation on the November Ballot. James Payne, FBN Inc., explained his company had negotiated the purchase of a piece of City property and was at the point of dosing the sale when 10-days TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 4 of 11 prior to closing he was presented a requirement to sign an Odor Easement Agreement. He was told that there had been several attempts to sell the piece of property he wished to purchase, but each of those sales flipped and was not sold. He questioned how long did the City want to continue holding the property. When he questioned the requirement for the Odor Easement Agreement, he was told the City was confident the Wastewater Treatment Plant would continue to operate in a proper fashion. He, nor did he believe anyone else, would be willing to write the City of Bremerton a "blank" check to run a bad facility; therefore he doubted anyone would want to purchase the property he was interested in. The main point of his being upset was the fact the added covenant did not become an issue until the sale was in escrow. His company would like to do more development in the Oyster Bay area, but they could not construct something and then sell it with such an attachment to the property. He was also concerned that they may be facing the same situation with a closing on a sale that was coming up on September 9, 1998. Carol Atkinson, Bremerton Main Street Association, announced the last Concert on the Boardwalk would take place on August 21, 1998, 6:00 - 8:00 P.M. The performing band will be "Cabin Fever." Ms. Atkinson extended special thanks to all of the concert sponsors. She was pleased to report the USS Bridge will be open for tours from 1 - 5:00 P.M., during the Blackberry Festival. Kitsap Transit will provide free shuttle service between the ship, Blackberry Festival, and the Bremerton National Airport. Mr. Shepherd asked if a Welcome Ceremony was also planned for the USS Bridge and USS Mt. Hood. Ms. Atkinson stated at the beginning of the Blackberry Festival on September 5 at 10:00 A.M., there would be Welcoming Ceremony for both ships. Del Knauss, Bremerton resident, stated the 7/21/98 Legal section of The Sun listed two small parcels owned by Sciepko & Lunde as being put up for auction for lack of payment. He requested written response to the following questions: (1) Has the sale of the Anderson Creek watershed land gone through, i.e., has the entire amount been produced by the buyer?. VVhat kind of protections has the City Council built into the sale of the watershed land to Sciepko, to ensure that he won't cut and run? (2) Is the Council concerned about planned access to that industrial land, would these foreclosures affect the proposed use by possibly preventing the northern, "primary access? If the City's sale of the "surplus" utility land is not yet final, how can the City justify continuing this special deal with Mr. Sciepko when the original conditions, access, and contiguity, may no longer be present? (3) How is the City proposing to provide water and sewer to the Port Blakely area? Are sewer extensions, south, and north provided in the Capital Facilities portion of the City's plan? (4) VVhat is the status of the City and County working out Memos of Understanding for the Urban Growth Areas and what will the public process be within the City for those agreements? (5) One month ago, TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 5 of 11 I asked questions regarding Council pay and what the Mayor's proposal was to correct it. The Mayor answered these questions and I'm requesting a copy of these answers in writing from the Mayor. (6) Based upon the answers that I have received it appears that everyone is in agreement that the Council pay has been handled improperly and did not follow state law. Can the taxpayers of Bremerton expect to see a refund from Council members for pay raises they should not have received if they would have followed state law. Or are laws only meant for the average citizens, not elected officials. (7) I read with interest in The Sun about the Mayor discussing the tight City budget at the Council retreat. Since we do have a tight City budget, is the Mayor going to forgo her automatic pay raise in 1999, and are we going to hold the line with department head raises in 19997 8A - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS' GUILD, #AB98-182 Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Bremerton Police Officer's Guild. Those items the parties reached impasse on were submitted to arbitration. The findings of the arbitrator are final and binding on both parties. This process has resulted in the attached Labor Agreement. The new Labor Agreement's term is January 1, 1997 through December 31, 1999. Council approval is required to implement the new agreement. Jim Meith, Human Resources Manager, stated this is the conclusion of a long process of negotiations with the Police Officers Guild commending in July 1996. An impasse was reached on several items in December 1996/January 1997, which was declared under State law procedure for arbitration in February 1997. The actual arbitration was held in April 1998, which resulted in the arbitration award that the City received approximately two weeks ago, which has been incorporated into the subject Labor Agreement. Public comment - none. Mr. McConnell noted there was no mention of travel pay for serving on a jury in the agreement. Mr. Meith stated he believed the employee retains travel pay. Mr. Law stated as a point of clarification the City Council has been kept informed on the negotiations and arbitration process through Executive Sessions. #1356 MISICIU (Olsen/Law) Motion to approve the Labor Agreement by and between the City of Bremerton and the Bremerton Police Officer's Guild for the term of January 1, 1997 through December 31, 1999. 7 TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 6 of 11 8B - BUDGET ADJUSTMENT TO SUPPORT SENIOR CENTER I M PROVEM ENTS, #AB98-183 This adjustment will allow use of residual money ($7,400) previously allocated as Non-Capital for Senior Center improvements, to be combined with a very generous SUMS donation of up to $8,000. This new funding package will be applied to a capital project at the Senior Center that will convert the majority of an existing storage area into much needed classroom space. Jim Spencer, Director of Parks and Recreation, stated he was bringing a "good news" item to the Council through the use of funds in a non-capital fund and put together with the generous donations from the SUMS Group showing their genuine commitment to keep the Senior Center in the best condition possible. Public comment - none. #1477 MISICIU(ArendslMcConnell) Motion to approve Budget Adjustment request No. 98-24. 8C - BID AWARD FOR SR304 TRANSPORTATION PROJECT/ASBESTOS REMOVAL NO. 1 TO NEW ENVIRONMENT CONTRACTORS, #AB98-184 Bids were opened for the SR304 Transportation Improvement Project, Asbestos Removal No. 1 on August 10, 1998. This is the first phase for the removal and disposal of asbestos in structures located within the SR304 Transportation Improvement Project. This contract will remove and dispose of asbestos from six separate structures occupying public right-of-way. Three bids for this project were received. New Environment Contractors, Inc. was the lowest responsive bidder with a bid of $34,838.44. The engineer's estimate for this project was $61,381. The action before the City Council is approval of a contract with New Environment Contractors for the Burwell Street Improvement Project. Gene Sample¥, Public Works Director, explained the City went through a competitive process and had a Iow bidder that was responsive and qualified for the subject work. All firms doing this kind of work must be certified by the State and it is controlled by Puget Sound Air quality Control Authority. Public comment - none. #1581 MISICIU (Arends/Law) Motion to award the bid of $34,838.44 with New Environment Contractors for the SR304 Transportation Improvement Project, Asbestos Removal No. 1, and authorize the Mayor to execute the same. 8D- BID AWARD FOR 1998 RESERVOIR REHABILITATION ON RESERVOIR #6 TO COATING APPLICATORS, INC., #AB98-185 TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 7 of 11 Bids were opened for the 1998 Reservoir Rehabilitation - Reservoir ~ Project on August 10, 1998. One bid for this project was received. Coating Applicators, Inc. was the only responsive bidder with a bid of $26,808.80. The engineer's estimate for this project was $27,025.00. This project involves cleaning and recoating Reservoir ~. The action before the City Council is approval of a contract with Coating Applicator's, Inc. for the 1998 Reservoir Rehabilitation - Reservoir ¢~. Gene Sampley, Public Works and Utilities Director, pointed out Reservoir #6 is located off of Werner Road and is in need of coating, which is essentially an appearance painting, but is a protective coating that is required to preserve the integrity of a reservoir. Coating Applications, Inc. has performed this type of work for the City in two prior years and the City was pleased with their work. This project is a particularly difficult due to its being an elevated reservoir and takes a lot of scaffold to complete the work. Public comment - none. #1723 MlSiCIU(McConnelliOIsen ) Motion to approve to award the bid of $26,808.80 with Coating Applicators, Inc. for the 1998 Reservoir Rehabilitation - Reservoir #6 Project, and authorize the Mayor to execute the same. 8E - BUDGET ADJUSTMENT/POSITION RECLASSIFICATION AND STAFFING CHANGE, #AB98-186 The 1998 Transportation Division Budget was approved for two Mechanics and one Mechanic's Assistant. Since that time, based on qualifications attained by the incumbent Mechanic's Assistant, his position has been reviewed by the Civil Service Officer and determined to be that of a Mechanic (see Classification study). The revised staffing and organizational charts show the original 1998 approved staffing and the proposed change. Gene Sampley, Public Works and Utilities Director, stated the position of Assistant Mechanic was reviewed approximately one year ago with the belief that the then Assistant Mechanic was qualified for a full Mechanic's rating. In that review it was determined that there were two additional classifications for certifications that needed to be completed before the individual could be fully certified as a full Mechanic. This was an assumption in preparation of the 1998 budget and since the individual did not attain that certification, he has retained the title of Assistant Mechanic until he received those certifications this year. The Civil Service Officer again reviewed the position and as of July 14, 1998, he has been deemed qualified and performed the work of a full Mechanic. Therefore, staff recommends that the position be approved. Mr. Sampley pointed out there TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 8 of 11 would not be any financial impact to the budget since the $1,635.00 pay adjustment was available within the current budget. Public comment - none. #1842 MlSlClU(OversonlLaw) Motion to approve the change in staffing of the Transportation Division from two mechanic positions to three, deleting the Mechanic's Assistant position. It is also requested that the incumbent of this position be authorized pay at the Mechanic's level from July 14, 1998, the date the position was approved by the Civil Service Officer. 9A - ORDINANCE NO. 4634 (SECOND READING) AMENDING ORDINANCE NO. 4365, PROPOSAL: SHORELINE MASTER PROGRAM AMENDMENT; LOCATION: OYSTER BAY CHAN N EL~ #AB98-181 Phil Berry, Director of Economic and Community Development, stated at the August 12, 1998 City Council meeting a presentation was made by Judy Johnson, Building Official, addressing this proposal. That presentation basically brought forth the recommendation of the Planning Commission. The Planning Commission held hearings and work sessions on this subject, considered staff input as well as public input, debated the issue, and sent forth their recommendation to the City Council. At that meeting, Ms. Johnson was asked a question, which he felt deserved a better response than what Ms. Johnson was able to provide at that time. That question was "the source for the Exhibit 3-5 (Map) that depicted the area that would be affected by this amendment. Ms. Johnson was asked the basis for the map and her response was somewhat unsure. Mr. Berry discussed this issue with his staff and determined that there was a basis for the map, which the Planning Commission considered along with the testimony, other information and knowledge and then forwarded their recommendation to the City Council. That information was contained within the Staff Report provided in the Agenda documentation (Attachments G, H, I and the Planning Commission's Meeting Minutes). Another point of clarification was the definition of "channel." Mr. Berry read the following definition of "channel" from Webster's New World Dictionary Second Concise Edition: "A body of water ioinin.q two larqer bodies of water." He and his staff agree that definition describes the subject channel. In regard to the aerial photographs provided by Gerry Peret at the August 12th meeting showing the channel and both bays, they somewhat support the staff's earlier position on the definition of the "channel." In looking at the inclusion of specific properties into the channel and the channel entrance, it was staff's opinion that that boundary would include the Green property on the east and another property on the west. TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 9 of 11 At the August 12th meeting, there was some discussion about exclusion of some properties and whether it should be reviewed. Staff did do a site inspection and created a map based on what they believed to be Council's direction; and that map was made an addendum to the staff report. That map reflected a boundary that excluded three parcels on the west and the southerly-facing portion of the Green property on Oyster Bay. He stated as a point of clarification, staff stands behind reporting the recommendation of the Planning Commission as presented at the August 12th City Council meeting. Paul Halvorsen, Bremerton resident, stated at the August 12, 1998 City Council meeting he raised a general case of conflict of interest regarding Mr. Reed's vote on this issue, which could influence the value of his property. He was advised that there was no conflict of interest. On August 14, 1998 he visited the City Attorney's Office and obtained the paperwork that the City Attorney based her opinion. Since then he further researched the issue of conflict of interest and came upon the issue of the Common Law Conflict of Interest. The paperwork from the City Attorney's office did not include discussion of the Common Law Conflict of Interest. The Washington State Supreme Court, in 1909, recognized the Common Law Doctrine as old as the law itself, that one should not judge his or her own cause ( Smith v Centralia 55W. 573,104PAC.797.) He encouraged the City Council to request the City Attorney to review the case noted above and reassure herself, the City Council, and him regarding no conflict of interest exists in the subject before the City Council and if further matters of similar kind are voted on will not be invalidated because of an erroneous position. Glenna Malanca, City Attorney, pointed out to the Coundl the amount of time, thought and effort that had gone into the determination that a conflict of interest does not apply to a zoning issue before the Council relating to a Council member. This issue has gone on for a number of months and the concern of a conflict of interest was raised early on. As a cautionary measure, she contacted Municipal Research Center Legal Department, who thoroughly reviewed the codified Conflict of Interest 1909 statute. Bob Meinig of Municipal Research agreed that the interest Councilman Reed may or may not have would not prohibit the voting in this type of proceeding and additional any potential financial interest was too removed for the application for the Conflict of Interest Doctrine. Suzanne Holland, S. Marine Drive resident, asked if the City Council would vote on the amended map. She referenced a comment made at the August 12, 1998 City Council indicating the belief that the fights to keep piers and docks out of the channel is just a neighborhood squabble. It most directly affects those who live on the channel, but the big issue is the private use of public waterways, which is clearly violation of the Public Trust. Property rights are being able to develop one's property according to current regulations. Not being able to construct a dock does not stop someone from using his or her property. One's /( TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 10 of 11 property cannot always be what one may want it to be. She expressed her opposition to excluding properties on the southwest part of the channel from the prohibition. The current wording in the SMP is too vague to prevent challenges when permits are denied. The City has spent thousands of hours and dollars processing applications and handling appeals, they are asking for the changes to the SMP to stop this. She questioned why would the City Council want to exclude properties so clearly in the channel from this prohibition. Gerry Peret, Marine Drive resident, stated her concerns about changes at this time centered on any likelihood of the proposed Resolution being contaminated by the process. She asked the City Attorney's opinion "restricted" verses "prohibited." It was her understanding that Sections 1 and 2 of the ordinance read "prohibited," but that there are other points in the document that read "restricted," which to her would mean a dramatic difference. She asked if the revised map was complete showing the southern most tip of Mr. Green's property on the southeast side as being unaffected. She stated for clarification that the channel was misidentified as Oyster Bay Channel. It is a channel between two bays. She agreed with Mrs. Holland's comment that Mr. Green's property was part of the channel. Tim Olson, Bremerton resident, stated this issue has been going on well over two years and all the papers, documents, maps, and properties have been addressed with the assurance from the Department of Economic and Community Development and City Attorney, that all the processes and procedures had been followed to the letter of the law and that everything is intact with the assurances the amendment will past the test for all requirements. If there was consideration to change the map or any of the documents, he would again ask for assurances that all procedures and processes had been followed. He questioned if a change was made to part of the ordinance would it require starting the process back through the Planning Commission? Bernard Holland, S. Marine Drive, stated he also does not want this action thrown out and processed for a third time. This issue has been time consuming for both the citizens and the City and if changing the map will give credence to a challenge, then he suggested Council not change the map. At the north end of the channel at the end of Madrona Point it is quite rocky and dangerous for boats. At the southern end there is a sandbar, which also could be an inconvenience if someone runs aground, but the boating lane is closer to the land away from the point so if a dock is allowed to go into that area boats would be put in harms way. He recommended that Council maintain the original drawing as voted on August 12. TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 11 ofll Mr. Law suggested City Council members express their views regarding the revised map prior to asking the City Attorney or Director of Department of Economic and Community Development to respond to comments made by the public. #2868 MlSlC(OversonlLaw) Motion to pass Ordinance No. 4634 on second reading, as proposed, amending the City of Bremerton Shoreline Master Program adopted by Ordinance No. 4365, to restrict docks and piers in the channel between Oyster Bay and Ostrich Bay. Vote on Motion: Motion carried. In Favor: Arends, Montgomery, Overson, Law, McConnell, Olsen Opposed: Reed, Shepherd With no further business meeting adjourned at 6:53 P.M. PAULA JOHNSTON, Deputy City Clerk CARLOS MONTGOMERY, City Council Vice-President City of Bremerton PJ/CM/me C: Normal Distribution FileNault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Bid Award for Purchase FOR AGENDA OF: September 2, 1998 of Wastewater Pump ORIGINATING DEl>T: Public Works & Utilities ORIGINATOR: J.Poppe, Wastewater Managerc~? DATE SUBMITTED: August 17, 1998 2. CLEARANCES: (Comment on 3. EXHIBITS: Director PW&U ,.~., /~ ~ ..~ ~ · Bid Awards (2) City Attorney {~',. ~~cg~l~ ~ · City Treasurer ' ' ~--~.~ * Purchasing Manager ~/~ * Operations Committee (-z~o-,.~ ~:~%~'-'~ ~--...../ Fiscal & Budget Comm. ~..~.~/~LT~.~~--~~ ~ ENDORSEMENT /~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Replacement of an entire pump assembly at Station OB-1 is required. Replacement is due to safety considerations for one by elimination of 3 piece drive line on old pump which eliminates need for ma~tenance technician to be in safety harness on nan-ow ledge each time maintenance is required; old pump is in need for a complete overhaul; old pump parts are price prohibitive and procurement requires exceptionatly long lead time (six months fi.om time of order to time of receipt). Bids were received fi.om two vendors and are attached as exhibits. Low bid was fi.om Triangle Pump in the amount of$16,487.41. 8. RECOMMENDATION: That the City Council approve the purchase of a Yeoman Series 9235, Model 4153 Dry Pit Submersible Pump fi.om Triangle Pump for the amount of $16,487.41 which includes tax and shipping. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PUIJ~ED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Will reduce reliability of Station OB-1 to pump sewage to the WWTP; increase repair costs to the point where they will eventually exceed the cost of purchase of a new pump and increased liability to the City regarding environmental incidents. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Purchase of new pump will reduce staff'maintenance costs and time; increase the reliability and availability of repair parts and will decrease liability to the City from pump failures. 7. RESEARCH SOURCES: City Purchasing Manager issued a call for bids. Two bids were received and attached as exhibits. 15 P~E DATE: TO THE. CITY COUNCIL AND CiTY CLERK, CITY OF BREMF-.RTON: In accordance with your advertisement, plans and spec;fications on file in the office of the City Clerk the undersigned hereby a~'ee(s) to provide One (1) Dry-Pit Submersible Pump For A Total Cost of: ,~ //61 ~,C>o SalesTax: ¢,!¢-, _ //Z% TOTAL PRICE BIO: $_ /~ ] ¢~ ~J TOTAL PROJECT COST WRI~N / BID BOND ENCLOSED ~ Pe~o~ance Will Be On~ Tu~red (~) After Receipt 0f Notice To Pr~eO / eO¢~ In Ink or Ty~ri,en. No Erasures Pe~i~ Telephone Numbe~)_ ___ ~~$ ~ F~ Numberd~*) (~¢ ~ ~ ~ Breme~on Busine~ License~ IRS TIN/SS ~_ ~ 7 D~ ~¢~. Washington State Contractor # ~,, oo 3 ~-'~-..('"7 1 15:13 350415~ 5 3604~85~88 ~DHIN S'E,:::5..:2CES P&~E 11 .~ ON -COLLUSION AF~_!DAVIT STATE OF W~~TON, COUNTY O F_Cz, (Title) sham or collusive bid, or mane in the interest or being first duly sworn, on his oath says that he is that the bid above submitted is genuine and not a on behaff of any person therein named: and I~e further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that the said bidder has not in any manner sought by collusion to secure ~f/'", self any advantage over any other bidder or bidders. X_N~ry Public in and o(the~ / S{ate of Washington residin at ~?--~ ~. My commission expires _. /7 88/11/1998 15:13 ~88a151~ 6 BRE~4ERTON WAS~_.ATER PAGE 85 · Fax transmi~ion of 2 ~9{~O FIRST AVEITUE SOUTH SEATTLE WA 98108 PHONE (2,06) 767-6700 10 August, 1998 To: Purchasing Manager City of Bremerton 239 4~ Street Bremerton, WA 98337 T: 360-478-5298 F: 360-478-S200 Project: Bid Date: One (1) Dry Pit Submersible August 10, 1998 at 2:00 P.M. Beck'with & Kuf~'el is pleased to offer the following:. Equl]?~ment D_escription a~d Pricing All prices are quoted FOB Bremerton, WA with freight prepaid and allowed to the job site. Pricing is based on net 30-day payment terns from shipment. If retention is anticipated, B&K's bid price shown below increases by the ~nount o£ the retention. Qty (1) Chicago Pump Model VCCS 6415, dry-pit subme~ible pump with HP, 1750 rpm, 460 volt/60/3 motor, with 2S' ofl~wer a~d control c~bl~. Standard unit includes: Class 30 ASTM A-48 Ca~ug, Impeller & Suction Cover, Cast kon Suction Elbow & Pump Support, Smi~ess Steel Impeller K~y & Locknut, Gauge Taps (no g~uges) on Suction & Discharge. Note: polym-etha~e suction wearing ring (adder provided belo~v for st~{nless steel wear rin§s)~ Specific. at/on calls out for both polyurethane mud stainless steel wear rings. Total Price: $19,439.40 Options: (Note: Optional Adders Do Not Include Sale~ Tax) 1. Stainle,~s Steel Wear Rings (Impeller and Casi~4): $769.00 net each 2. Extra Power & Control Cable: $175.00/$' length net each 3. 6 inch x 8 inch reducing elbow: $376.00 net ~ach 4. Non-witnessed performance test: $799.00 net each 5. Non-witnessed hydrostatic test: $238.00 15:13 5 P&GE NON-COLLUSION AFFIDAVIT iF WASHINGTON, /(Title) / sham or collusive bid, or made in the interest or being first duly sworn, on his oath says that he is .. ~et the bid above subn~itted is genuine and not a on behalf of any person therein named: and he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that the said bidder has not in any rnm~er sought by collusion to sacure'~ ... ~ self any advantage over any other bidder or bidders. X Subscribed and sworn to before me this ~ day of X Notary Public in and for the State of Washington residing at My commission expires AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: SR304 Transportation Improvement Project ORIGINATING DEPT: Supplemental Agreement with State to provide ORIGINATOR: Funding for Right-of-Way Acquisition DATE SUBMITTED: 2. CLEARANCES: (comment on ba 3. Director, Public Works/Utilities · , ,/ Ctty Attomey '~. City Treasurer CouncilBudget & Finance Committe~:~~-~ 47. September 2, 1998 Public Works & Utilities Randy Witt, City Engineer August 18, 1998 EXItlBIT$ A. Agreement (WSDOT #GCA-1179) Supplement No. 1 / APPROVED BY COUNCIL ' PI~ESIDE~I~ FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On May 18, 1998 the City and the State, through the Washington State Department of Transportation, entered into an agreement for the State to provide $431,653 as matching funds towards various successful grant applications on the SR304 Transportation Improvement Project. The Washington State Department of Transportation through a 1998 legislative funding allocation will provide an additional $1.7 million towards right- of-way acquisition on the project. The total State funding available for the project is $2,131,653. The attached agreement provides for disbursement of those funds to the City of Bremerton for use on the project. Staff recommends that the City Council authorize execution of the attached agreement. 8. RECOMMENDATION: That the Mayor is authorized and directed to execute the attached agreement with the Washington State Department of Transportation for Right-of-Way funding on the SR304 Transportation Improvement Project· 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED 10. NOTICE OF ACTION APPROVED DI: COUNCIL DIRECTIVE 11. AGENDA BILL NO: c/ 8-17 2. CLEARANCE COMMENTS: J IMPACT ON NON-PASSAGE: Inadequate funds will be available for the project. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES AG~D~L SUPPLEMENTAL AGREEMENT AGREEMENT GCA-1179 SUPPLEMENT NUMBER 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 1998, by and between the State of Washin~on, Department of Transportation, acting by and through the Secretary, of the Department of Transportation, hereinafter called the "STATE", and the City of Bremerton, 239 4th Street, Bremerton, Washington 98337, acting by and through the Mayor, hereinafter called the "CITY" WHEREAS, the parties hereto entered into AGREEMENT GCA-1179 on the 18th day of May 1998, which provided the CITY, STATE funding for early acquisition of total take parcels for the improvements to SR 304 from the SR 3 Interchange to the Bremerton Ferry Terminal and, WHEREAS, the STATE has received additional funding for right of way acquisition, not limited to total take parcels only, for the "SR 3/SR 304 Gorst to Bremerton Ferry Terminal" project, and WHEREAS, it is deemed desirable to supplement the agreement to reflect an increase in STATE participation in the project. NOW, THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, convenants and performance contained herein, or attached hereto and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION II, PAYMENT, the first and second paragraphs are revised to read as follows: The STATE, in consideration of faithful performance of the work to be done by the CITY agrees to reimburse the CITY for the actual direct and related indirect cost of the work up to a maximum of $2,131,653. An itemized estimate of cost for the work to be performed by the CITY at the STATE's expense is marked EXHIBIT "A-I", and is attached hereto and by this reference made a part of this AGREEMENT. STATE All other terms and conditions of the original agreement shall remain in full force and effect except as modified by th.is supplemental agreement. SUPPLEMENT NIYMBER 1 GCA-1179 1N WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. APPROVED AS TO FORM; BY Glerma L. Malanca, City Attorney DATE: ASSET: BY: Kathleen McCluskey, City. Clerk CITY OF BREME, RTO.N W. Eugene Sampl&d.,_._~- Director of Public Works and Utilities BY: ~OP~ Lynn Horton, Mayor APPROVED AS TO FORM; STATE OF WASHINGTON DEPARTMIENT OF TRANSPORTATION A~tant Att°~ey Oe-n'e~al ~ BY: -2- AGREEMENT SUPPLEMENT NUMBER 1 GCA-1179 EXHIBIT A- 1 GCA-1179 ESTIMATED COST Right of Way $10,113,189 NOTE: State's participation is limited to a maximum amount of $2,131,653 -1- EXHIBIT "A-I" SUPPLEMENT NUMBER 1 GCA-1179 Washington State Department of Transportation Sid Morrison Secretary of Transportation Olympic Region Headquarters 5720 Capitol Boulevara. Tumwater P.O Box 47440 Olympia, WA 98504-7440 (360) 357-2600 Fax (360) 357-2601 August 13, 1998 City of Bremerton 3027 Olympus Drive Bremerton, WA 98310-4799 GCA-1179 Supplement 1 SR 3/304 I/C to Bremerton Ferry Terminal City of Bremerton Attn: Randy Witt P.E. Dear Sir Attached are the original and a duplicate original of the agreement providing for additional funding for right of way acquisition for the SR 3 / SR 304 Gorst to Bremerton Ferry Terminal project.. Please have the Director of Public Works and Utilities, and the Mayor sign both copies and remm them to this office for execution by the State. The duplicate original will be returned to you for your records. If you have any questions please call Mark Brooks of my staff at 360-357-2600. attachment: GCA-1179 Supp 1 accounting ~Richard Egolf ~/ TransAid Area Engineer AGENDA BILL BREMERTON CITY COUNCIL September 2, 1998 SUBJECT: SR304 Transportation Improvement Project WSDOT and City Memorandum of Agreement Regarding Transfer of Personal Property FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Public Works & Utilities Randy Witt, City Engi~,eer August 18, /,-'72 2. CLEARANCES: (comment on bac//~ ~ 3. EXHIBITS Director, Public Works/Utilities (/~,~.~O~. A. Memorandum of Agreement City Attorney City Treasurer .---~w. , .~z::~_._ , ~, . Coun . Budg & Commi Operations Committee MAYOR~ .,Z]. COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City and the State through the Washington State Department of Transportation are acquiring properties in the SR304 corridor as fight-of-way necessary for construction of the SR304 Transportation Improvement Project. Most of the properties are being acquired in the States name as the State will be the ultimate owner of the fight-of-way. In order to allow the City to remove and dispose of existing improvements on the property (i.e.: commercial or'residential structures, fixtures, landscaping, etc.) the salvage rights to the improvements must be conveyed to the City. The attached Memorandum of Agreement provides authorization to transfer salvage rights of the improvements to the City, with a Bill of Sale (Personal Property Including Improvements) executed for each property upon acquisition. Staff recommends approval of the Memorandum of Agreement. 8. RECOMMENDATION: That the Mayor is authorized and directed to execute the attached Memorandum of Agreement with the State to transfer salvage fights of the improvement acquired in the States name on the SR304 Transportation Improvement Project to the City. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED 10. NOTICE OF ACTION APPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO: q ~ -] ~4 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE; The City will not be able to remove and dispose of existing improvements on the SR304 Transportation Improvement Project. e IMPACT ON STAFFING, BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: No impact, approval of the attached agreement, allows a transfer of property. 7. RESEARCH SOURCES 98322 2 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM OF AGREEMENT RE: SR 304, SR 3 Interchange to Montgomery Avenue, and SR 304, Bremerton Ferry Terminal 4 WHEREAS, the CITY OF BREMERTON, hereinafter referred to as the "City," and the 5 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereinafter referred 6 to as the "State," have entered into an agreement, whereby the City is the lead agency for 7 the above referenced projects; and WHEREAS, the City and the State have entered into a task assignment agreement whereby the State is performing all acquisition and relocation services for the above referenced projects; and WHEREAS, all property is being acquired in the name of the State using funds that have been secured by the City; and WHEREAS, out of concern for public safety and project security it is agreed that all personal property and improvements remaining on the project lands require they be secured and/or demolished or removed immediately upon their being vacated or abandoned; and NOW THERFORE, it is agreed that: 1. The State shall convey and transfer to the City, and the City shall agree to accept, all ownership of salvage rights to all personal property including improvements located on each project parcel as it is acquired for said projects by the State and determined by the State to be vacant. 2. Evidence of said transfer of salvage.rights ownership shall be by a Bill of Sale (Personal Property Including Improvements) executed by the appropriate signing authorities for the City and for the State. An example format of said document is attached 'hereto as Attachment "A" and by reference made a part hereof. More than one parcel may appear on a Bill of Sale. 3. The State shall maintain and provide to the City a current list of project properties acquired and for which Personal Property and Improvement Agreements have been executed. Page 1 of 4 Pages FA No. P-STPF-TA 96 (058) Project No. 1800 CT Dated CITY OF BREMERTON Lynn S. Horton Mayor Datg 1998 WASHINGTON STATE DEPARTMENT OF APPROVAL: For: W. E Director of PCbl~c Works/Utilities Date Approved as to form: Glenna Malanca City Attorney Date Recommended for Approval M. R. Leitcfi Manager, Real Estate Services WSDOT, Olympic Region Date Attest: Kathleen McCluskey Director Administrative Services Date Page 2 of 4 Pages FA No. P-STPF-TA 96 (058) Project No. 1800 CT Attachment A 2 3 BILL OF SALE (Personal Property Including Improvements) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 State Route 304, SR 3 Interchange to Montgomery Avenue KNOWN ALL PERSONS BY THESE PRESENTS, that pursuant to RCW 47.12.066, the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "State", for and in consideration of mutual benefits as described herein, does hereby grant, bargain, sell, convey, and transfer unto the CITY OF BREMERTON, a municipal corporation, hereinafter referred to as the "City," and the City does hereby agree to receive, accept, and assume all rights to, responsibility for, and liabilities associated with, the improvements and personal property only as located on the real property located in Bremerton, Washington more specifically identified on the attached exhibit 'A." It is understood and agreed that the City's assumption of all responsibility for and costs of maintenance, security, demolition and removal of said improvements and personal property from the State's real property, including any and all legal liability associated with the presence of said improvements and personal property upon the State's real property, is of a benefit to the State and exceeds the market value of the salvage rights to said improvements and personal property. The City, and assigns, will protect, save, and hold harmless the State, its authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the City, its assigns, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities related to this agreement, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the State's real property. The City further agrees to defend the State, its agents or employees, in any litigation, including payment of any costs or attorney's fees, for any claims or action commenced, arising out of, or in connection with acts or activities related to this agreement, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the State's real property. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the negl!genCe of the State or its authorized agents or employees; provided, that if the claims or damages, are caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the City, its agents, subagents, invitees, licensees or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the City or its agents, subagents, invitees, licensees or employees. Dated 1998. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CITY OF BREMERTON By:. By: Right of Way Agent Date Randy Witt, P.E. Date City Engineer Page 3 of 4 Pages FA No. P-STPF-TA 96 (058) Project No. 1800 CT 1 2 3 4 5 6 7 8 9 Exhibit A 3-0XXXX XXX 1st Street "Triangle Bldg" 3-0XXXX XXX S Callow 6 Unit Apt. (SFR) 3-0XXXX XXX S. Callow 1 Sty SFR + Bsmt By: By: Right of Way Agent Date Randy Witt, P.E. Date City Engineer Page 4 of 4 Pages FA No. P-STPF-TA 96 (058) Project No. 1800 CT 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL Interlocal Agreement/ Street Light Acquisition Group FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: PWO Street Section, , Rober~ E. Ttllp August ! 1, 1998 2. CLEARANCES: (Comment 3. EXHIBITS: Director PW&U City Attorney City Treasurer Purchasing Manager Operations Committee Fiscal & Budget Comm ENDORSEMENT /X~ INFORMATION APPRO~FED BY COUNCIL P~RESI~E~qT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Section 16 of the Franchise Agreement between the City and Puget Sound Energy (PSE) allows the City to purchase from PSE the street lights w/thin the City but not currently owned by the City at fair market value. A preliminary study was completed which indicated ownership by the City may be cost effective. The Interlocal Agreement will allow the City to participate w/th other cities to complete the Phase 2 study for the possible acquisition of street lights. 8. RECOMMENDATION: Council to approve City of Bremerton to participate in a study for possible acquisition of street lights from Puget Sound Energy. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE:, PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City would not have needed information to evaluate alternatives for street light system ownership, operation, and maintenance. 6. IMPACT ON STAFFING, BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: None. The next phase of this project is to determine fair market value of the existing 1800 street lights installed, maintained, and operated by Puget Sound Energy. The cost to detemaine market value is approximately $10.00 per street light (18, 000.00 per system). 7. RESEARCH SOURCES: N/A ORIGINAL AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement/ Street Light Acquision Group FOR AGENDA OF: August i~/, 1998 ORIGINATING DEPT: PWO Street Sec~iQn ORIGINATOR: Robert E. Tulp DATE SUBMITTED: Augus~ 11, 1998 2. CLEARANCES: (comment on back if necessary) PUBLIC WORKS DIRECTOR ~--~~ PW OPERATIONS MANAGER CITY TREASURER x 3. EXHIBITS CITY CLERK f" ~/~ /// i?.. ~ ? ~ ~ CITY ATTO~EY FISC~ & B~GET x 6. OPE~TIONS x 7. INFO~TION__~~ ~/ CO~CIL PRESIDE~ ~~Y STATZM~NT ~ RZOUI~NT ~OR CO~CIm ACTION: Interlocal Agreement~articipate with other cities for the possible ac~isition of street lights. ENDORSEMENT MAYOR RECOMMENDATION: Council to approve City of Bremerton to participate in a study for possible acquisition of street lights from Puget Sound Energy. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: 3~ DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: ~cnc Thc 1995 ..... f~ds in ~n~ ~ ...... 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: None. The next phase of this project is to determine fair market value of the existing 1800 street lights installed, maintained and operated by Puget Sound Ener92;. The cost t,~--~~in~value is approximately $10.00 per street light ( 7. RESEARCH SOURCES: N/A INTERLOCAL AGREEMENT STREET LIGHT ACQUISITION GROUP WHEREAS, it is in the public interest to investigate costs associated with municipal street lights which are not presently owned by a municipality; and, WHEREAS, maintenance, operation, and possibly other costs can hopefully be reduced by a municipality taking ownership of such street lights; and, WHEREAS, it would be beneficial for a group of cities to engage in this investigation jointly: and, WHEREAS, RCW 39.34 permits governmental entities to enter into interlocal agreements to carry out tasks in this regard, NOW, THEREFORE, it is understood and agreed as follows: 1. The undersigned cities ("Group") hereby enter into this Interloca/ Agreement ("Agreement") for the purposes set forth herein. 2. The Group shall meet as often as necessary to investigate possible cost savings and related issues associated with assuming ownership of street lights not presently owned by them. 3. The Group may engage one or more consultants to carry out its purposes. The Scope of Work for the consultant presently being retained by the Oro~p is attached as Exhibit "A" and incorporated by tllis reference. The City of Bellingham will act as Lead Agency for this and related purposes. 4. By signature below, each member of the Group agrees upon the financial contribution by each city to costs of this investigation, and specifically to the proportionate costs for the consultant doing the work on Exhibit "A". as specified in the Budget. attached as Exhibit "B" and incorporated by this reference. Any further expenditLlres by the Group will be agreed upon in advance. 5. Any city may withdraw from the Group at any time upon written notice, provided it becomes current as to any financial contribution previously agreed upon. 6. A new city may become a party to this Agreement by signing a facsimile hereof and agreeing to assume its portion of costs as set out in Exhibit "B". 7. Each city shall assume liability for and defend, indemnify, and hold harmless the Group an~ each other city in the Group From and against any claim or suit made against such indemnifying city arising out of its own acts or omissions. In the event of a claim or suit against the Group or a city in the Group arising out of actions taken by or on behalf the Group, the Group shall STREETLIGHT ACQUISITION GROUP INTERLOCAL AGREEMENT Page 1 Cily ol'Bcllingham CITY ATTORNEY 210 LotJie SIrccl Bellingham, WA 98225 Telepho,le (360) 676-6903 jointly defend against such claim or suit and shall agree upon Fair and equitable financial contributions therefor, 8. In no event may the Group or any individual city embark on legal action in the name of the Group or take any action purportedly binding the Group without the approval of all member cities duly obtained in accordance with this Agreement and applicable law or ordinance. Notwithstanding this, the City of Bellingham is authorized to take reasonable administrative actions consistent with its duties as Lead Agency and inherent in previously authorized activities. 9, The term of this Agreement shall be two years from the date last signed below, unless earlier terminated by agreement of the member cities or withdrawal of all cities from the Group. This Agreement may be extended for such additional periods as agreed to from time to time. lO. This Agreement will be executed by each party signing individual facsimiles hereof and returning same to the Lead Agency. When at least seven member cities have executed this Agreement, it shall go into effect. DATE: DATE: CITY OF BELLINGHAM ~RT~S DATE: DATE: CITY OF FERNDALE ~'IlY OF LYNDEN DATE: DATE: ~ITY OF"BREMERTON ~'[TY OF HOU~T VERNON DATE: DATE: ~[1Y OF"BURL[NGTON STREETLIGHT ACQUISITION GROUP INTERLOCAL AGREEMENT Page 2 ~REDMOND City o1' Bellingham CITY ATTORNEY 210 Lotlie SIrcet Bellingharn. WA 98225 Telephone (360) 676-6903 1. SUBJECT: Memorandum of Understanding for Sinclair Landing Project AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: September 2, 1998 ORIGINATING DEPT: Legal ORIGINATOR: Glenna Malanca, City Attorney - DATE SUBMITTED: August 27, 1998 2.~-~:~ARANCES: ~mment on back if necessary) 3. EXHIBITS: ! {'~ ' ~__~ Memorandum of Understanding Council Study Sessions -~ ENDORSEMENT [] INFO~TION ~ APPROVED BY COUNCI~RESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed Memorandum of Understanding provides for the cooperative development of the Bremerton Transportation Center (BTC). Parties are the Washington State Ferries, City of Bremerton, Port of Bremerton, Kitsap Transit and the Sinclair Landing Associates. The BTC is the initial component of the Sinclair Landing Project and requires the conveyance by the City of certain easements. This agreement is identified as Exhibit "A" in the Sinclair Landing Master Development Agreement executed earlier this year. 8. RECOMMENDATION: / Authorize Mayor to sign Memorandum of Understanding and any ~~ easements. EXPIRATION DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS 5. IMPACT OF NON-PASSAGE: Failure or delay in progress of City's participation in Sinclair Landing Development. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Minimal 7. RESEARCH SOURCES: sinclair Landing MOU.AB - Agenda Disk - 8/25/1998 PRESTON VIA OVERNIGHT DELIVERY Lynn Horton Mayor City of Bremerton 239 Fourth Street Bremerton, WA 98337 GATES & ~,TTO R N E YS June 2, 1998 ELLIS L L P ,~., un a OFFICE Dick Hayes Executive Director Kitsap Transit 234 Wycoff Bremerton, WA 98312 Tim McGuigan Attention: Chris VanVolsem Contracts/Legal Services Washington State Ferries 801 Alaskan Way Seattle, WA 98104 Richard Brandenburg Executive Director Port of Bremerton 8850 SW State Highway 3 Port Orchard, WA 98367 Robert Schneidler Chair, Sinclair Landing Association 400 Warren Avenue Bremerton, WA 98337 Re: BTC MOU Execution Dear Colleagues: With the recent confirmation that WSF and Kitsap Transit have resolved their remaining questions by minor amendments to Section I B., the enclosed copy of the Sinclair Landing Coordination Memorandum of Understanding for Bremerton Transportation Center Development (No. GCA 1206) is submitted for your execution on behalf of your respective agency or corporation. It is my understanding that your respective boards and legislative bodies have already approved this agreement substantially in the form of the earlier draft. This will confirm our opinion that the final revisions by Kitsap Transit and WSF to provisions of the agreement dealing with their relationship are minor and of a non-substantive nature. For purposes of efficiency, it would be my recommendation that you execute the original signature page from the enclosed agreement and forward it to my office for coordination. Once all signature pages have been collected, I will prepare counterpart copies of the agreement and send one back to you for your files. A LIMITED LIABILITY PARTNERSHIP INCLUDING OTHER LIMITED LIABILITY ENTITIES ANCHORAGE · COEUR D'ALENE · HONG KONG · LOS ANGELES · ORANGE COUNTY · PORTLAND · SAN FRANCISCO · SEATTLE · SPOKANE · WASHINGION. D.C. 701 FIFTH AVENUE SUITE 5000 SEATTLE, WASHINGTON 98104-7078 206-623-7580 FX: 206-623-7022 www.prestongates.com June 2, 1998 Page 2 By copy of this same letter I am requesting that Carla Sawyer arrange for transmittal to our office of the final version of the Exhibit C Real Property Allocation Plan which I understand to be a blueprint size document prepared by Parametrix. I will have that copy reduced and include that in the counterpart copy forwarded to you at the conclusion of this process. If anyone needs a copy of that exhibit at this point, please contact Carla Sawyer to make those arrangements. Given the time anticipated for the receipt of this letter and possible inquiries on Exhibit C, I have selected June 8, 1998, as the common execution date. Please don't hesitate to contact me if you have any questions or comments concerning this proposed execution process. Very truly yours, RLG:cm Enclosure cc: Richard Stocking, Kitsap Transit Gordon Walgren, Port of Bremerton Attorney Carla Sawyer, SLA k:~21 l~0001~,RLG~RLG_L2018 PRESTON GATES & ELLIS LLP SINCLAIR LANDING COORDINATION MEMORANDUM OF UNDERSTANDING FOR BREMERTON TRANSPORTATION CENTER DEVELOPMENT (No. GCA 1206) This Memorandum of Understanding, hereinafter called the "Agreement," is made and entered into this 8th day of June, 1998, by and between the Washington State Ferries, a division of the Washington State Department of Transportation, hereinafter called "WSF;" the City of Bremerton, a municipal corporation of the State of Washington, hereinafter called "City;" the Port of Bremerton, a municipal corporation under the laws of the state of Washington, hereinafter called the "Port"; Kitsap Transit, a Public Transportation Benefit Area providing a variety of public transportation services including buses, ride share, ACCESS, HOV parking, Kiss 'n Ride management and bicycle transport and storage, hereinafter called "Kitsap Transit;" and the Sinclair Landing Association, a non-profit corporation under the laws of the state of Washington, hereinafter called "SLA." WHEREAS, pursuant to a Memorandum of Understanding executed in February, 1996, and amended in April, 1997, Howard S. Wright Construction Co., hereinafter called "HSWCC," the City, Kitsap Transit, the Port, SLA and Kitsap County, have been cooperatively pursuing an integrated redevelopment of portions of the central waterfront of the City of Bremerton through a project commonly known as the "Sinclair Landing Project;" and WHEREAS, the Sinclair Landing Project is expected to include various public and private features including, but not limited to, an intermodal transportation center known as the Bremerton Transportation Center, hereinafter called the "BTC," or "BTC project" to include transit and related public transportation services, passenger-only and car ferry service, commuter retail facilities and similar features; and WHEREAS, the BTC will constitute the initial component of the Sinclair Landing Project and will include common features, structures and functions with other components of the Sinclair Landing Project, such as the parking garages, pedestrian plazas, esplanades, hill climbs, a Kiss 'n Ride facility and adjacent commercial and retail developments; and WHEREAS, the parties hereto anticipate that The Commercial Group, LLC, a Washington limited liability company, hereinafter called "TCG," will serve as the master developer for the Sinclair Landing Project excluding the BTC but including commercial components developed adjacent to and over a portion of the property to be purchased by Kitsap Transit for the BTC; and WHEREAS, WSF has been allocated funds pursuant to Laws of 1997, Chapter457, Section 225(4) to reimburse the City and/or the Port, as WSF's financial participation in Phases "A" and "B" of the BTC, for the construction of "[a]ppropriate passenger-only ferry terminal linkages to accommodate bow-loading catamaran type vessels and the needed transit connections" and WSF's "component of the Bremerton Multimodal transportation terminal as part of the downtown Bremerton redevelopment project, including appropriate access to the new downtown traffic circulation road network"; and WHEREAS, WSF desires to reimburse the City and/or the Port in an accumulative amount not to exceed $1,448,000 for Phases "A" and "B" of the development pursuant to Laws of 1997, Chapter457, Section 225(4), which authorized up to $3,000,000 for such purpose, pursuant to cooperative agreement(s) as authorized under RCW 47.08.070; and WHEREAS, in order to develop the BTC, significant alterations will be necessary to the WSF ferry terminal at Bremerton, to the associated passenger, auto, and commercial vehicle access and to Kitsap Transit operations; and WHEREAS, the initial Phase "A" of the BTC will be the construction of passenger-only ferry improvements to be operated by WSF and the Port of Bremerton; and WHEREAS, said ferry terminal and passenger-only ferry improvements will encourage use of WSF services and provide WSF passengers with significant amenities; and WHEREAS, the parties have determined that it would be most cost effective to coordinate the development of the BTC through a series of agreements providing for acquisition of necessary property rights, financing arrangements, coordination of design and construction of the BTC, coordination of construction with WSF, Port, City and Kitsap Transit operations, and -2- RLGOSH.DOC 98/06/02 allocation of future operation and maintenance responsibilities and transfers of ownership of capital improvements and property rights among the parties; and WHEREAS, the parties desire to enter into this Agreement to define the respective responsibilities for the development of the BTC as the initial component of the Sinclair Landing Project and as set forth other necessary collateral agreements therefor and are authorized by various provisions of state law to enter into this and such other agreements; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, or attached, incorporated and made a pan hereof, the parties hereto agree as follows: I. GENERAL DESCRIPTION OF SINCLAIR LANDING PROJECT, PARTICIPANTS, FINANCING AND OWNERSHIPS A. The Sinclair Landing Project will include various public and private features developed in at least two major components along the City of Bremerton waterfront as generally described in Exhibit A attached hereto and by this reference incorporated herein and in the planned unit development ("PUD") agreement for the Project as filed with the City. The initial component of the Sinclair Landing Project will be Phases "A" and "B" of the BTC and related improvements to be located on state-owned property devoted to WSF purposes, City of Bremerton rights-of-way and property, Port of Bremerton property and leaseholds, Puget Sound Naval Shipyard ("PSNS") property and Kitsap Transit purchased private property. The BTC project component will result in the development of an intermodal transportation facility including transit services, passenger-only and car ferry service, commuter retail facilities and other public access, pedestrian and plaza amenities in at least a two-level structure providing various common features and interrelated uses and is generally described in Exhibit B attached hereto and by this reference incorporated herein. Construction of the BTC project component will be implemented in defined Phases "A," "B" and "C" as described in Exhibit B. Each phase will result in a usable Project element that will be transferred to SLA by the contractor and from SLA to Kitsap Transit for immediate RLG05H.DOC 98/06/02 transfer to the State and to local governments as described in the BTC Real Property and Air Rights Allocation Plan attached as Exhibit C and by this reference incorporated herein. The second major component of the Sinclair Landing Project is generally understood to include the development of public parking garages, supporting office, retail, restaurants, hotel, museums and maritime attractions, a waterfront public park and promenade plaza and other access and view corridors to the central waterfront as well as residential units as generally described in Exhibit A. The third component may include expansion of the Port's marina and additional residential and commercial developments similar to those previously planned and/or constructed. B. following: The participants, and their roles and contribution in the BTC project, include the 1. WSF will grant rights to appropriate parties pursuant to temporary construction easements and/or rights of entry and leases as necessary for the construction, operation and maintenance of the BTC. WSF will provide appropriate access for Kitsap Transit paratransit services and its disabled customers using private vehicles at ferry terminal facilities within or adjacent to the BTC. WSF will agree to the reassignment of Federal grant funding to assist in the development and construction of the BTC. WSF will separately construct the car ferry overhead passenger loading facility contiguous to the BTC. WSF agrees to reimburse the City and/or the Port in an accumulative amount not to exceed $1,448,000 for Phases "A" and "B" of the development as authorized in Laws of 1997, Chapter457, Section225(4) pursuant to cooperative agreement(s) as authorized under RCW 47.08.070. 2. SLA and Kitsap Transit will jointly develop and construct the BTC project component in phases. SLA will provide overall project coordination and facilitation between the public agencies and private contracting and development firms involved in the project. Kitsap Transit will be lead agency for the BTC project, and will be responsible for BTC project -4- RLG05H.DOC 98106/02 management and for financing. SLA, as initial project Owner and with Kitsap Transit concurrence, will accept the completed BTC phases from HSWCC, the general contractor, and will immediately transfer title to said facilities to Kitsap Transit unless otherwise agreed to by Kitsap Transit and SLA; provided, that WSF's ferry terminal and improvements (excluding the transit deck, support columns and appurtenances) located on WSF property as shown on Exhibit C shall be transferred in fee to WSF. As a result of Kitsap Transit's role as local lead agency for the BTC project component, FTA will be the lead federal agency for the project for purposes of compliance with federal requirements for environmental review, funding, project monitoring and audit. SLA will be funded for the BTC coordination and facilitation activities by Kitsap Transit and other agencies and corporations involved in the BTC project pursuant to previous collateral agreements. 3. Kitsap Transit will lease or purchase each phase from SLA concurrent with said transfer, by making payment in the amount required by a collateral agreement bet~veen SLA and Kitsap Transit. Kitsap Transit will then distribute the facilities and related real properties pursuant to the BTC Real Property and Air rights Allocation Plan as shown on Exhibit C. Kitsap Transit shall transfer to WSF fee title to WSF's ferry terminal and improvement (excluding the transit deck, support columns and appurtenances) located on the WSF property as shown on Exhibit C. Kitsap Transit will utilize elements of the BTC project located in the air space over the WSF property as described in the BTC Real Property and Air Rights Allocation Plan for purposes of providing public transportation services as described in Chapter 36.57A RCW limited to operation and maintenance of bus lanes and passenger loading and unloading facilities and including exclusive authority to regulate transportation usage of such lanes and facilities. Kitsap Transit agrees that use of the paratransit lane on the car deck area shall be limited to ACCESS/dial-a-ride type services. RLGOSH.DOC 98/06/02 4. Should Kitsap Transit derive any revenue from such use in excess of its added operations and maintenance expenses arising from such use, accounting and allocation of revenue shall be made pursuant to the Joint Use, Operations and Maintenance Agreement as provided in Article II B. herein. Kitsap Transit will provide federal and state funding in the form of grant awards obtained by Kitsap Transit, and as set forth in the BTC Financing Plan, referred to in Subsection IIA. 3. herein. In addition, Kitsap Transit will provide $4,000,000 in local match funding, together with an advance of $3,750,000 to the BTC project to allow timely completion of Phase B. It is anticipated that additional federal funding will be made available in the amount of $2,000,000 in FY1999 and $2,000,000 in FY2000, part of which will be used to repay the Kitsap Transit cash advance and part of which will be used to help fund a future Phase "C". 5. Kitsap Transit will purchase from the City, at the appraised fair market value, that portion of the existing City parking lot required for the BTC High Occupancy Vehicle parking structure as shown on Exhibit B. Kitsap Transit will obtain an easement from the City across the remaining portions of the City parking lot to provide public access to the completed parking structure. 6. In consideration of the benefits to the City resulting from the development of the BTC, the City will provide, at no cost to the BTC project component, street right-of-way and City owned parcels A3 and A5 as shown on Exhibit C. The City will provide temporary use of the City parking lot shown on Exhibit C required during construction of BTC Phases A and B and will be reimbursed for net lost revenues by Kitsap Transit as provided herein. If Phase "C" proceeds, the City will also provide at no cost street right-of-way as necessary and appropriate for that Phase. ~7 -6- RLGO5H.DOC 98/O6/O2 7. HSWCC, as the general contractor for the BTC construction consistent with the selection of its proposal after a competitive procurement process sponsored by Kitsap Transit and the City of Bremerton to redevelop the central Bremerton waterfront, will provide the BTC project component subject to a guaranteed maximum price verified by a competitive alternative cost analysis led by Kitsap Transit. 8. The Port, in consultation with WSF and any other affected party, will secure at its sole expense any property and property rights necessary for the replacement and expansion of passenger-only ferry facilities proposed as part of Phase "A" of the BTC component of the Sinclair Landing Project. 9. TCG will serve as master developer of the private commercial components of the Sinclair Landing Project, including the development of a commercial retail/office building as an integral part of the BTC as will be provided in collateral agreements between SLA and TCG and between SLA and Kitsap Transit. The parties' agreed roles are described in more detail below and will be confirmed in collateral agreements necessary for the development of the BTC and Sinclair Landing Project. II. COMMITMENTS TO PROPERTY RIGHTS AND PROJECT AGREEMENTS A. In order to provide for the ground and air rights development of the BTC project component in a manner which appropriately recognizes the ultimate investment, risk, use, and benefit from the project, the parties agree to develop and enter into a series of rights of entry/temporary construction easements, and acquisition, construction and purchase or lease agreements as specifically set forth herein to allow for the appropriate financing, construction, operation and maintenance of the BTC. The parties commit to negotiate in good faith the 48 -7- RLG05H.DOC 98/06/02 following agreements which are so integral to the intent of this Agreement that failure to so proceed in good faith would constitute a material breach of this Agreement and cause significant damages to the other parties; provided, failure to proceed as a result of the good faith and lawful exercise of a government party's police or legislative powers or of SLA's corporate powers as provided in Title 24 RCW, or due to state statutory or constitutional requirements, shall not constitute a material breach. It is the intent of the parties that all of the below-listed agreements, with the exception of the WSF long-term lease with Kitsap Transit (to be concluded prior to the completion of BTC construction), shall be fully negotiated and submitted to the parties' respective legislative, administrative, or corporate bodies for approval concurrently and within one hundred twenty (120) days from the effective date of this Agreement. The commitments of the parties to acquire and transfer properties, subject to the more detailed terms of the actual conveyance agreements, are as follows: 1. WSF agrees to long-term lease and/or franchise property to Kitsap Transit for support columns and footings and utilities necessary for the BTC as shown on Exhibit C. WSF further agrees to long-term lease to Kitsap Transit and to its direct successors the air space above the WSF property as shown on Exhibit C only for the construction, operation and maintenance of Kitsap Transit public transportation facilities and services. 2. SLA agrees to use, as a basis for negotiations, an industry-standard commercial design-build contract with HSWCC as the BTC Project Delivery Agreement, hereinafter referred to as the "PDA" and as further described in Section V.B. below. The PDA shall reference Federal Transit Administration requirements including those previously negotiated between the Federal Transit Administration and Kitsap Transit as outlined in Exhibit D attached hereto and by this reference incorporated herein. The BTC PDA will provide for appropriate performance and payment bonds, prevailing wages and builder's risk insurance and include such requirements as may be deemed necessary by WSF, Kitsap Transit and the FTA. 3. SLA and Kitsap Transit agree to negotiate in good faith a separate BTC Purchase Agreement between the parties which commits SLA to develop and construct the BTC - 8 - RLG0fH. DOC 98/06/02 project component and Kitsap Transit to lease and/or acquire the completed BTC project component from SLA, and to pay SLA for elements of the facilities delivered to Kitsap Transit as they are completed as described on Exhibit B (BTC Development Plan) and the BTC Financing Plan attached hereto as Exhibit E and by this reference incorporated herein. 4. Kitsap Transit and the City agree to negotiate in good faith and execute a lease agreement providing for the temporary use of City property during construction as may be necessary for the development of the BTC project. Such agreement shall also provide for reimbursement to the City for the net parking revenues lost from these properties provided to the BTC project to facilitate construction during the construction period. In any development agreements with TCG for the commercial/retail office component of the BTC, Kitsap Transit 'shall ensure that the development arrangements include the grant of public easements through the commercial developments as may be necessary or helpful to facilitate ferry and bus passenger traffic access both to the public transportation facilities and to future commercial activities adjacent to the BTC project to the reasonable satisfaction of WSF or the affected public agency. Kitsap Transit and the Port shall grant to WSF easements across the Kitsap Transit and Port owned properties, identified on Exhibit C by hachure marks, as may be necessary or helpful to facilitate ferry passenger traffic access to the public transportation facilities. 5. Kitsap Transit, the City and WSF agree to negotiate in good faith a separate agreement to demolish, dispose or salvage for project reuse the existing WSF passenger terminal building and toll booths currently used by WSF terminal management staff and Kitsap Transit customer service staff. B. Kitsap Transit, WSF and the Port agree to negotiate in good faith a Joint Use, Operations and Maintenance Agreement providing for the assignment of maintenance, operation and security responsibilities for different levels and areas of the BTC project as completed, procedures for public announcements and advertising, rental and commercial management, risk allocation, modifications in the facility and similar operational details. SLA shall initiate and coordinate the negotiations. The parties agree that the general allocation of such responsibilities -9- RLG05H.DOC 98/06/02 shall be as outlined in Exhibit F attached hereto and by this reference incorporated herein. Negotiations based on Exhibit F shall be concluded among the parties within ninety (90) days after notice to proceed is issued for construction of the BTC. C. Kitsap Transit, as lead agency, will assume responsibility for the acquisition of private property necessary for the BTC project component, including the exercise of the power of eminent domain, if necessary, and for relocation assistance to private businesses dislocated as a result of the BTC project, with the exception of the "Triangle Building" (First and Washington), which is to be acquired by the City as part of the SR 3/304 Project. The City shall inform Kitsap Transit of any delay in the acquisition schedule of said building, in order to discuss use of a potential alternate acquisition resource. Subject to appropriate legal and legislative processes, the City agrees to grant such street use permits and to convey or vacate such property and/or rights of way as may be necessary for the BTC project component as shown on Exhibit G attached hereto and by this reference incorporated herein. The City agrees to acquire the PSNS property identified on Exhibits C and G with project funds provided by Kitsap Transit and to transfer said property to Kitsap Transit. WSF and Kitsap Transit will exchange properties as described in the Real Property and Air Rights Allocation Plan attached as Exhibit C and as is otherwise necessary for the development of the BTC on a value for value basis. WSF and Kitsap Transit agree to enter into a separate written agreement regarding these and other real property transactions contemplated by this Agreement. Kitsap Transit and the City shall cooperatively develop real property acquisition, relocation, transfer and street vacation plans, subject to their necessary public participation procedures and legislative approvals and to applicable laws, which establish a cooperative process, plan and schedule for the respective agencies to assemble the necessary public and private properties and to provide relocation assistance to businesses and persons dislocated by the phases of the BTC project. Kitsap Transit and the City shall implement the plans consistent with applicable federal regulations and guidelines as applicable. The plans shall provide for transfers to and between Kitsap Transit and the City by quit claim deed of properties acquired, conveyed or vacated for the BTC including in perpetuity all rights, title, and - 10- ,Loos,.ooc 9~0~02 property interests in the street areas, reversionary rights and all rights of access, light, air, and view. The quit claim deeds shall be in good legal and recordable form. Kitsap Transit will assume the responsibility for any additional compensation for property rights or relocation assistance that may be required by federal agency audits of the BTC project. D. During the term of this Agreement and as necessary to develop the BTC project, each of the parties shall grant each of the other parties, as requested, rights of access for construction purposes over their respective property ownerships in the form of temporary easements or rights of entry for the performance of obligations or the exercise of rights granted to or assumed by the parties under this Agreement and the above-referenced agreements. If necessary to coordinate construction or other development activities, the parties shall formalize these rights in appropriate coordination agreements and protocols as may be requested by any individual party. III. PERMITS AND APPROVALS A. SLA shall provide in the Project Delivery Agreement that HSWCC, as the general contractor for the BTC project construction, and at HSWCC's sole cost, shall itself secure or secure from other participating agencies all permits and approvals required for the BTC project construction, including the master building permit. SLA, as sponsor and owner of the PUD, shall cooperate with the City and Kitsap Transit in pursuing necessary zoning and land use approvals. B. All of the parties agree to cooperate in securing the construction permits and approvals required for the BTC project, recognizing that SLA shall serve as a private sponsor for the BTC project. All parties owning properties included in the BTC project component of the PUD agree to timely execute all necessary documents for the submittal of the final PUD application to the City. The parties understand and agree that each governmental party will retain its normal police and regulatory powers and that, in carrying out the responsibilities, they will do so independently and without undue influence by other governmental officials or employees or by private citizens. All of the parties understand and agree that the City, Port, and - 11- .mos..ooc 9~2 Kitsap Transit officials and employees, during the term of this Agreement, will not seek to influence agency decisions in a manner that would deny HSWCC, TCG, and SLA the benefits of existing ordinances and policies, insofar as they are legally valid, nor will such agencies allow SLA, HSWCC, and TCG to accomplish a result that would not be permitted under applicable ordinances, policies and laws. C. Notwithstanding anything to the contrary in this Agreement or in the related collateral agreements, nothing shall be deemed to supersede or excuse compliance with applicable requirements of federal, state, or local laws or regulations related to the financing, construction, maintenance and operation of the BTC project component, including, without limitation, Federal Transit Administration and Washington State Department of Transportation rules, regulations and requirements. IV. DEVELOPMENT SCHEDULE A. The General Development Schedule for the Sinclair Landing Project is attached as Exhibit H and by this reference incorporated herein and includes the BTC project component schedule, as currently phased. The specific schedule for the BTC project component, as the initial phase of the Sinclair Landing Project, will be established in the PDA between HSWCC and SLA and in the Purchase Agreement between SLA and Kitsap Transit as further described in Article V. The BTC project component schedule shall be coordinated with the property acquisition activities and related utility and street improvements pursuant to the PDA between HSWCC and SLA after consultation with the City, Kitsap Transit, WSF, the Port and other relevant agencies and utilities. B. The parties recognize and agree that the collateral agreements, including, agreements necessary for subsequent phases of the Sinclair Landing Project will be dependent on timely accomplishment of the BTC project component schedule and compliance with applicable environmental processes and FTA grant requirements. -12- aLCOSH.OOC 9~*,~2 CONSTRUCTION CONTRACTS A. Kitsap Transit and SLA agree that the PDA between SLA and HSWCC shall provide for the establishment of a guaranteed maximum price without material contingencies or exceptions, or "GMP," to be negotiated July 31,1998, assuming a letter of no prejudice is issued by the Federal Transit Administration no later than April 1, 1998, for the design and construction of Phases "A" and "B" of the BTC project component. WSF, Kitsap Transit and the Port will be sufficiently involved in the design review process and approval of the BTC project scope design to confirm that WSF design guidelines and applicable building codes are incorporated. The construction contract documents will provide for close coordination of the work with WSF, Kitsap Transit and Port operations and ensure that design features provide structural and functional compatibility with planned TCG and Sinclair Landing Project components. B. The PDA shall be based on the AGC Standard Form of Design-Build Agreement and General Conditions Between Owner and Contractor, AGC Document No. 415, modified as required for the specific conditions of the BTC project. The form of the construction contract shall be consistent with Federal Transit Administration regulations, Grant Agreement requirements, applicable FTA Master Agreement provisions, a 75% subcontractor-bidding requirement and the Alternative Cost Analysis process enclosed as Attachments B and C, respectively, to FTA's letter of April 4, 1997, attached as Exhibit D. C. SLA agrees to provide in the PDA that HSWCC and its subcontractors will pay federal prevailing wages, provide performance and payment bonds, bid 75% of the work, and meet appropriate Disadvantaged Business Enterprise and Equal Opportunity goals as required by Kitsap Transit and by applicable state and federal law for publicly financed elements of the BTC project component construction. D. The GMP established in the PDA shall be subject to review and comment by WSF and the Port prior to its approval by Kitsap Transit. - 13- RLGOSH.DOC 98/06/02 VI. CONSTRUCTION SEQUENCE AND COORDINATION OF WSF, KITSAP TRANSIT AND PORT OPERATIONS A. The final design, schedule and construction plans developed by HSWCC for the BTC project component shall be subject to approval by WSF, the Port and Kitsap Transit to ensure that the BTC as completed will satisfy Kitsap Transit, the Port and WSF requirements and that WSF, Kitsap Transit and Port can maintain their essential operations without material disruption during the period of construction. Such approvals shall not be unreasonably withheld. The PDA will require HSWCC to not vary from such design, specifications, schedule, plans or contract documents without following the change order procedures specified in the PDA. B. The sequence, relationship and duration of construction activities for the BTC shall be coordinated as set forth in the Construction Management Plan attached hereto as Exhibit I and by this reference incorporated herein. The Plan shall be implemented so as to provide for temporary facilities and the staging of construction operations in a manner which preserves the continued operations of WSF, the Port and Kitsap Transit at the terminal location without material disruption to any agency. The Construction Management Plan shall also identify lay down, storage and staging areas required by any of the parties to implement their responsibilities under the plan. The Construction Management Plan shall be agreed to by all of the parties and shall serve as the guideline for the parties during the term of the construction. Each party shall bear its own cost to implement the Construction Management Plan. The Construction Management Plan shall be subject to amendment by agreement of the parties during the construction utilizing the AOC process referenced in Article VII. Kitsap Transit, the Port and WSF hereby waive any claims between them for additional operating costs or inefficiencies incurred during the course of construction except only for impacts caused by an agency's breach of such plan. C. The parties shall use their best efforts to coordinate the BTC project component with the General Development Schedule for the Sinclair Landing Project attached hereto as Exhibit H. 55- - ] 4- RLG0SHiDOC 9l~/0¢~/~)2 VII. BTC PROJECT COMPONENT MANAGEMENT/ CHANGE ORDER PROCEDURES A. The parties have provided for a BTC Project Management Organization and Process, as described in Exhibit J attached hereto and incorporated herein by reference which describes the parties' commitments to coordinate in the management of the BTC construction process. The parties have also established a BTC Change Order Process, attached hereto as Exhibit K and incorporated herein by reference which establishes procedures for initiating change order requests, and review approval, or denial of such requests. B. An Agency Oversight Committee ("AOC") is established, among other reasons, for processing the BTC Project's change order requests. The AOC shall review such requests consistent with the requirements established in the PDA. The AOC's determinations by majority vote on change order requests shall be binding on the parties unless appealed to the BTC Policy Committee as provided in subparagraph VII.D below. The AOC determinations may include majority and minority reports to fully advise the BTC Policy Committee. C. The parties have established a Site Operations Management Team as described in Exhibit K to assist in establishing a cooperative basis for resolving operational issues during construction. Operational issues shall first be reviewed by the Site Operation Management Teams, and if they are unable to resolve the issue, then it will be referred to the AOC. In addition, even if the Site Operations Management Teams does agree, any decision that affects construction schedule, cost, or scope shall be referred to the AOC for review and approval. The AOC is authorized to review and resolve all such disputes over WSF, Port, or Kitsap Transit operational problems related to construction activities prior to the initiation of formal dispute resolution through the ADR provisions in Article IX. The AOC's recommendations on operational issues shall be determined by a consensus of its membership, and shall be advisory to the parties. The AOC recommendations may include majority and minority repons to fully advise the BTC Policy Committee of the range of opinions on the dispute. RLG05H.DOC 98/06/02 D. In the event any party is dissatisfied with the AOC resolution of an issue, that party may, within ten (10) days of receipt of the decision of the AOC, request in ~vriting that the BTC Policy Committee review the AOC decision. In the event the AOC cannot reach a majority consensus decision, or in the event a party is dissatisfied with its resolution, the BTC Policy Committee review shall be commenced as soon as practicable, but in no event later than ten (10) working days following receipt of the request for review. The BTC policy committee shall review all such issues and any recommendations from the AOC as to a consensus or preferred resolution, fully consider any written information and oral testimony submitted, including analysis of the impacts of the recommended resolution on partner agencies and shall reach a final decision by two-thirds (2/3) vote, which shall be binding upon the parties unless appealed to the ADR process provided in Article VIII or carded forward to litigation. The findings and recommendations of the AOC or the BTC Policy Committee and positions asserted by a party may be submitted in any subsequent ADR proceeding (but not litigation). VIII. DISPUTES If a claim or controversy under this Agreement is not resolved by the BTC Policy Committee , the parties shall attempt to resolve the dispute through a nonbinding, structured mediation procedure fashioned by the parties with the assistance of persons or organizations experienced in alternative dispute resolution ("ADR"). The ADR shall be initiated within thirty (30) days from the date of the written request unless extended by agreement of all parties concerned with the issue. The ADR procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to the actual mediation. The positions expressed and mediator's recommendations shall not be admissible as evidence in any subsequent legal proceeding. 5'-7 - 16- Rm0SH.DOC ~ro~o2 IX. NON-DISCRIMINATION Subject to applicable laws or regulations, the parties to this Agreement agree that: (i) no person, on the grounds of race, color, creed, national origin, marital status, age, sex or the presence of any sensory, mental or physical handicap shall be denied the benefits of, or be otherwise unlawfully subjected to discrimination in access to and use of the BTC project improvements; (ii) in connection with the construction or installation of any such improvements, no such discrimination shall be practiced in the selection of employees or contractors, or by contractors in the selection and retention of their sub-contractors; and (iii) the parties hereto shall use the BTC project improvements in compliance with all other requirements imposed pursuant to any federal, state or municipal laws or regulations. The breach of any of the above non- discrimination covenants shall be a material act of default entitling any non-defaulting party to terminate this Agreement in accordance with the procedures set forth herein. X. ASSIGNMENT, SUBCONTRACTING No party to this Agreement shall assign, delegate or transfer this Agreement or the obligations incurred hereunder, in whole or in part, by operation of law or otherwise, or subcontract for the management or operation of the project improvements or parts thereof, without the prior written consent of the other parties to this Agreement, which approval shall not be unreasonably withheld. XI. INDEMNIFICATION By entering into this Agreement in the form of a Memorandum of Understanding, no party agrees to assume liability or responsibility for any action or omission of any other party. This Agreement shall not be construed to require any party to protect, hold harmless or defend any other party against claims, suits or actions arising from any act or omission or contractual or RLG05H.DOC 98/06/O2 other liability of another party's employees, agents, contractors performing under the terms of this Agreement. mo or other vendors while XII. INSURANCE At its sole expense, each party to this Agreement shall keep its BTC project activities and operations continuously insured throughout the term of this Agreement against claims by each party's employees, agents, customers and invitees for personal injury or property damage, by an insurer licensed or approved to do business in Washington State; provided, if a party can substantiate that it is self-insured for the majority of such risks, it may provide the other parties with evidence of self-insurance. The insurance required herein shall be of the type and minimum amounts described in Paragraph B. below; provided, coverage in the stated minimum amounts shall not be construed to relieve any party hereto from liability in excess of such coverage. B. Each party to this Agreement shall provide, either separately or jointly with one or more of the other parties, where applicable the following insurance ( or self-insurance, if permitted herein) in the minimum amounts stated: 1. Commercial General Liability in the minimum amount of $1,000,000 combined single limit to include: Personal Injury (including death); Premises Operations; Products/Completed Operations; Blanket Contractual; Broad Form Property Damage; and Independent Contractors. 2. Comprehensive Automobile Liability in the amount of $1,000,000 combined single limit to include: Bodily Injury and Property Damage. 3. Workers' Compensation and Employer's Liability, as required by law. C. Any party contracting for work on the BTC shall require its on-site contractors to provide Longshore and Harbor Worker's Compensation insurance, as required by federal law and Pollution Liability Insurance, including environmental impairment liability endorsements, in the minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, inclusive of legal defense costs. D. Kitsap Transit shall procure builder's risk property insurance for the BTC Project components, including material and supplies at the site, storage offsite or while in transit, to the insurable value thereof. Such insurance shall include the interests of the Kitsap Transit, SLA, contractor, and subcontractors and shall cover the standard "all risk" perils. The deductible shall be determined and borne by Kitsap Transit except to the extent such loss is covered by the contractor or subcontractor liability insurance, or results from negligence or breach of the contract by the contractor or subcontractors. The contractor and subcontractors shall provide property insurance covering all property owned by or in control of the contractor or subcontractors, which will not be incorporated into the BTC work, losses sustained by any third party, or delays. Such insurance shall cover "all risk" of physical loss, for the full replacement value of such property. The deductible therefor shall be determined and borne by the contractor. Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false-work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. E. In addition, during the design and construction of the BTC, Kitsap Transit shall procure, or require its contractor to procure, project insurance in conformance with Section 1.07.18 of the 1998 "Standard Specifications For Road, Bridge and Municipal Construction," published by the Washington State Department of Transportation ("WSDOT Standard Specifications"). The actual insurance coverage and values procured may exceed that specified in the WSDOT Standard Specifications. Such insurance shall also include the pollution liability coverage specified in Article XII C. above. F. Except for Workers' Compensation coverage, the insurance policy or policies required by this Section (or self-insurance, if permitted by this Article) shall name each of the other parties to this Agreement as an additional insured thereon. Such inclusion shall not create premium liability for any such additional insured. All parties shall have a reasonable amount of time to review, comment on, and approve the scope of insurance coverage secured for this - 19- Rm0S,.DOC 9~o2 project prior to procurement. Insurance coverage for the BTC after construction shall be as specified in the project Operations and Maintenance Agreement. G. If commercial insurance is procured, the insurer(s) shall waive subrogation against the additional named insureds hereunder, and a cross liabilities endorsement shall be included in the insurance policy or policies required by this Article. The policy or policies shall be primary over any other valid and collectible insurance. H. The insurance policy or policies required by this Article (or self-insurance, if permitted by this Article) shall not be materially changed or canceled without at least forty-five (45) calendar days' prior written notice to the additional named insureds hereunder. Upon execution of this Agreement, each party hereto shall provide each of the other parties either (i) a certified copy of the insurance policy or policies, or a certificate of insurance evidencing such coverage; or (ii) if self-insured (as permitted herein), a statement of self-insurance guaranteeing the party's ability to provide the loss coverage required herein. XIII. ACCOUNTING PROCEDURES Each party to this Agreement shall make all its books, accounts and other records pertaining to this Agreement available for audit by any party hereto or by the state or federal government at all reasonable times during the term of this Agreement and for three (3) years after the BTC is completed; provided, if any litigation, claim or audit is started before the three (3) year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. XIV. NOTICE AND APPROVAL Whenever written notice is required to be given under this Agreement, it shall be given to the following respective addresses: RLG05H.DOC 9~06~02 Washington State Ferries, Washington State Department of Transportation Coleman Dock - Pier 52 801 Alaskan Way Seattle, WA 98104 Attention: Terry McCarthy City of Bremerton 239 4th Street Bremerton, WA 98337 Attention: Lynn Horton Kitsap Transit 234 South Wycoff Bremerton, WA 98312 Attention: Dick Hayes Sinclair Landing Association P. O. Box 29 Bremerton, WA 98337 Attention: Robert Schneidler Port of Bremerton 8850 SW Highway 3 Port Orchard, WA 98367 Attention: Richard Brandenburg or to such other respective addresses as either party may hereafter designate in writing. Notice sent by mail shall be deemed to have been given three (3) calendar days after proper mailing, and the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. Approvals, where required by this Agreement, shall be effective in the same manner. XV. TERMINATION A. In the event any party shall fail to perform, keep or observe any term, covenant, agreement or condition contained in this Agreement and any such failure shall remain unremedied for sixty (60) days after written notification thereof shall have been given by any party to the non-performing party, the non-performing party shall be in default under this Agreement; provided, however, that if the default is of such a nature that it is not susceptible of cure within sixty (60) days and if the non-performing party commences to cure the default within said sixty (60) day period, the non-performing party shall not be in default under this Agreement so long as it is diligently prosecuting said cure to completion. From and after the date of such default, the other parties shall have, in addition to any other rights or remedies available under this Agreement or otherwise available at law or equity, an action for actual damages (including -21- RLG05H.DOC 98/06/02 reasonable attorneys' fees and costs) or the right to demand and have specific performance of this Agreement, and an injunction or order to compel the defaulting party to observe or perform its covenants and obligations hereunder. B. Notwithstanding the above, a party shall not be in default if its failure under the Agreement results from: (1)determination to act or defer action in the good faith and la~vful exercise of police powers or legislative discretion or acting pursuant to state statutory or constitutional requirements by a local and state government or agency party which is explained in writing to the other parties; or (2) a determination to act or to defer action by SLA in the good faith and lawful exercise of its corporate powers. C. Notwithstanding any provision of this Agreement to the contrary, (1)the rights and remedies of the parties to this Agreement, whether provided by law or this Agreement, shall be cumulative, and the exercise by any party of any one or more of such remedies shall not preclude the exercise by it, at the same time or different times, of any other such remedies for the same default or breach by the other parties; and (2) consequential damages and damages which are speculative or remote are not recoverable under this Agreement even if such damages would otherwise be available under law or equity. D. No waiver made by any party with respect to the performance, or manner or time thereof, of any obligation of any other party or any condition to its obligations under this Agreement shall be considered a waiver of any other obligation of any other party. No such waiver shall be valid unless it shall be made in writing duly signed by the party waiving the right or rights. XVI. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to RLG05H. DOC 98/06/02 which it held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect. XVII. LEGAL RELATIONS No liability shall attach to any of the parties by reason of entering into this Agreement except as expressly provided herein. Nothing in this Agreement shall be deemed to create any legal relationship with persons or entities not a party to this Agreement, and no such person or entity shall have a cause of action or claim for damages because of provisions in or reliance upon this Agreement. XVIII. GOVERNING LAW This Agreement shall be deemed to be made in the County of Kitsap, State of Washington, and the legal rights and obligations of the parties shall be determined in accordance with the laws of the State of Washington. All legal actions in connection with this Agreement shall be brought in the County of Kitsap, State of Washington except legal actions brought by or against WSF shall be brought and maintained in Thurston County. XIX. ENTIRE AGREEMENT/AMENDMENTS This Agreement constitutes the entire agreement between the parties relative to the subject matter herein. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing. XX. WSF SPECIFIC PROVISIONS A. The other parties expressly acknowledge and agree that WSF's rights under this Agreement to review, comment on, disapprove and/or accept designs, plans specifications, work plans, construction, equipment installation (A) exist solely for the benefit and protection of WSF; -23- RLGO5H.DOC 98/06402 (B) do not create or impose upon WSF any standard or duty of care toward the other parties, all of which are hereby disclaimed; (C) may not be relied upon by the other parties in determining whether the other parties have satisfied any and all applicable standards and requirements; and (D) may not be asserted, nor may WSF's exercise or failure to exercise any such rights be asserted, against WSF by the other parties as a defense, legal or equitable, to the other parties' obligations to fulfill such standards and requirements and regardless of any acceptance of work by WSF. B. The other parties expressly acknowledge and agree that this Agreement is not a legally binding contract on WSF but rather, as to WSF, a written statement outlining the understanding of the parties that will serve as the basis for future formal contracts including WSF. As such, the termination provisions contained in paragraph XV herein do not apply to WSF. It is expressly acknowledged and agreed that WSF may, without penalty or further liability, terminate this Agreement for any reason with thirty (30) days written notice to the other parties and that the other parties reserve a similar right as to WSF. IN WITNESS WHEREOF, the parties hereto, and by their duly authorized representatives, have executed this Agreement as of the day and year first above written. -24- RLGOSH.DOC 98/06/02 WASHINGTON STATE FERRIES, Washington State Department of Transportation By: Paul Green Director Date: Approved as to form for Washington Ferries By: Assistant Attorney General Date: State CITY OF BREMERTON By: Lynn, Horton, Mayor Date: Attest for City of Bremerton By: Date: KITSAP TRANSIT By: Richard Hayes, Executive Director Date: PORT OF BREMERTON By: Richard Brandenburg, Executive Director Date: Attest for Kitsap Transit By: Date: Attest for Port of Bremerton By: Date: SINCLAIR LANDING ASSOCIATION By: Robert Schneidler, Chair Date: Attest for Sinclair Landing Association By: Date: RLG05H,DOC 98106102 EXHIBITS mo Bo Co Eo F. G. H. I. J. K. Plan View Document and Project Overview Narrative describing entire Sinclair Landing Project. Narrative describing Bremerton Transportation Center Development (with overhead loading/passenger loading component as initial construction activity and identifying Phases A, B and C). BTC Real Property and Air Rights Allocation Plan. FTA April 4, 1997 Letter Re: Procurement Issues on Bremerton Waterfront Redevelopment and Intermodal Terminal Project. BTC Financing Plan. BTC Operations and Maintenance Agreement. City Provided Property and Schedule. General Development Schedule for Sinclair Landing Project. Quality Assurance and Construction Management Plan. BTC Project Management Organization and Process BTC Change Order Process RLG05H. DOC 98106/02 Exhibit A Project Overview Sinclair Landing is a major waterfront re-development project in downtown Bremerton. It encompasses 1.2 million square feet; from the waterfront to Pacific Avenue, from the Puget Sound Naval Shipyard to Fourth Street. Significant new public facilities will support $160+ million of private development. The Planned Unit Development (P.U.D.) permit for the project was granted by the City of Bremerton in March, 1997. Transportation linkage is the key public investment in the project. The multi-modal Bremerton Transportation Center, scheduled to open in 1998, will provide ferry, bus, bicycle, and pedestrian services. Expanded fast passenger only ferry service Bremerton':::>Seatfle is scheduled to begin early 1998, as well as a 30% increase in car capacity scheduled for year 2000. New parking garages will accommodate foot ferry passengers and visitors. The private development will include a mixed use urban center; with office space, residential condominiums, hotel, entertainment (cinemas, museums and restaurants), meeting space and retail. The project developer expects to construct approximately sixteen buildings and remodel two. In addition, the Port of Bremerton anticipates expansion of the Bremerton marina. The Sinclair Landing re-development project is being coordinated by the Sinclair Landing Association, a non-profit corporation formed by the public/private partnership of Kitsap Transit, the City of Bremerton, Kitsap County, the Port of Bremerton, The Commercial Group, L.L.C. and the Howard S. Wright Construction Company. Attached is the Project Site Map approved by the City of £remerton as part of the P. U.D. permit. Exhibit B Bremerton Transportation Center The Bremerton Transportation Center has three phases with the following components: Phase A: · · Passenger-Only Ferry Facility Temporary POF facilities during construction of the new facility. Demolition of the 1st St. Dock. Removal of the existing 1st St. bulkhead and fill material. Construction of an extension of the WSF concrete pier for POF gangway access. Installation of a new inboard float for pdvate ferry operations and passenger access. Installation of a new outboard POF float for WSF operations. A passenger gangway from the pier to the inboard float for general access. A circulation & waiting area over the inboard to the outboard float for WSF passenger access. Associated transfer spans, fender systems, anchors, utilities, services and amenities. Phase B: Intermodal Terminal Improvements · Temporary terminal facilities for KT and WSF transit and ferry passengers. · Temporary office facilities for KT terminal staff. · Intedm office facilities for WSF terminal staff, to remain until completion of Phase C. · Demolition of the existing terminal building and pedestrian bddge. · Demolition of four existing pdvate buildings (demolition of the 5th building is by the City). · Necessary removal and/or partial demolition of portions of existing sitework and utilities. Construction of an elevated Terminal building connecting the lower and upper levels. · Connection of the Terminal building to the WSF overhead passenger loading facility. · Construction of an elevated Transit Deck providing bus access to the Terminal building. · Construction of a HOV parking structure under portions of the Transit Deck. · Construction of a development pad (only) for a Commuter Retail building over the garage. · Construction of on-grade transit access lanes and passenger loading areas. · Construction of auto ferry holding area improvements including intedm toll booths. · Associated pedestrian circulation areas, VVft. Park improvements, utilities, services and amenities PhaSe C: Terminal Entrance Improvements · Construction of replacement facilities for the PSNS functions being relocated. · Demolition of the existing PSNS Police building and related foundations and sitework. · Re-creation of Wycoff Park. · Construction of new transit access lanes from the terminal to Pacific Avenue. · Construction of a new WSF auto/truck entrance and toll plaza from Pacific Avenue. · Construction of new toll booths. · Construction of a new WSF Agent's Office. · Construction of a Kiss & Ride auto circulation and passenger loading area. · Associated pedestrian circulation areas, utilities, services ancL amenities. Phase A and B are planned to be constructed concurrently. Phase A will be delivered and put into service ahead of Phase B. The start of Phase C is pending funding. Refer to the Prog.ram documents for Kitsap Transit and Washington State Ferries dated 05 Dec 97. Bremerton Transportation Center 17 Aug 98 Exhibit numbers for legal description and revised text for legal descriptions Exhibit No. Title --~ ~'e C/(--1 Washington State Ferries Ownership Phase NB Washington State Ferries Ownership Phase C Kitsap Transit Ownership "Southwest Portion" Phase A/B Kitsap Transit Ownership "Southwest Portion" Phase C Kitsap Transit Ownership "Northeast Portion" Phase NB Kitsap Transit Ownership "Northeast Portion" Phase C C ,~7 Kitsap Transit and WSF Shared Use Area Phase NB ~ ~8 Kitsap Transit and WSF Shared Use Area Phase C Kitsap Transit Air Rights Easement for Transit Deck Port of Bremerton Ownership at POF Facility ~ J~l 1 WSF Ownership at POF Facility ¢,. ~_12 Port of Bremerton and WSF Shared Use Area at POF Facility City of Bremerton Parking Lot Property Transferred to Kitsap Transit C, ~14 Kitsap Transit Easement from the City of Bremerton at the City Parking Lot C/-_15 PSNS Property Transferred to the City of Bremerton & from City to Kitsap Transit C_~16 Washington Ave. Vacation Phase NB Washington Ave. Vacation Phase C, < ~..~o_ ~'-'~ '. / ¢-. I~) Front (1 st) Street Vacation Phase NB C.,mo Front (1st) Street Vacation_~ Alley Vacation (at WSF Holding Area) Alley Vacation Phase C ~ ~..~.~ Text modifications: General: Add "Bremerton Transportation Center" to the title block of each sheet Update the date on each sheet L¢/10: That portion of the Passenger-Only Ferry facility seaward of the Inner Harbor Line (bounded on the north and south by extensions of the 1st Street ROW lines to the pier face) and portions of the over water structure to include the gangway access pier; access trestle; main gangway; stairs and elevator on the inboard float; lower level of the inboard float; lower level pedestrian areas of the outboard float; lower level gangways between the inboard and outboard floats; lower level gangway between the outboard float and the floating breakwater; all remaining portions of the floating breakwater. These properties overlie State Department of Natural Resources ownership. Revisions to drawing: Do not shade the arrow shaped center and stem portions of the outboard float (including all three points of the arrow head and the shaft of the arrow). Also, the east edge line of the shoreward pier south of the gangway access trestle is the wrong shape - the line of the east edge of the WSF pier (to the south) continues northward to intersect with the south edge line of the gangway trestle. C/~_11: That portion of the Passenger-Only Ferry facility consisting of the upper level of the inboard float(including walls and roof but excluding the elevator and the stairway to the lower level), and the upper level gangway between the inboard float and the outboard float, and the upper level passenger deck areas of the outboard float (including WSF vessel boarding equipment, and stairs and ladders to lower levels), and the mid level service areas of the outboard float (including WSF vessel fender systems and cleats). Revisions to the drawings: Combine the drawing for the inboard float and the outboard float. At the inboard float, do not shade the elevator. At the outboard float also shade the balance of the bow loading ramp onto the vessel and the stern loading ramp onto the vessel. Make same revision to pier as~lO. 6, ¢../12: That portion of the Passenger-Only Ferry facilities consisting of all passenger areas seaward of the Inner Harbor Line on the gangway access pier (bounded by extensions of the 1st Street ROW on the north and south), passenger areas on the access trestle and the main gangway, and on the inboard float, passenger areas between the main gangway and the stairs and elevator. The latter is bounded on the south by a line extension from the south wall of the elevator shaft to the west edge of the upper level slab, and on the north by a line extension from the north edge of the stairway opening to the west edge of the upper level slab. Revisions to the drawing: Make the same revision to the pier as~10. -' ~ ~ Parametrlx, ~c. FIRST S -REE I ,/ That portion of the Washington State Ferries property as shown on drawing RP102 revision dated 7/8/98 and as shown herein to be used as transit and paratransit lanes and as sidewalk. Transit lane and sidewalk to extend up the transit ramp, terminating at the end wall of the ramp. FILF.: [XHl02 DATE: 07/28/98 0 50 60 SCALE IN endp Exhibit ~--,-7' Kitsap Transit and Shared Use Area Phase A/B WSF SIOEWALK ~ ~ TRANSIT ~ .~jj.'"' ~ ~ FIRST STREFT ,. ~ F~-'RRY I~XIT LANES ParametrJx. That portion of the Washin shown on drawing RP 104 shown herein to be used as transit and paratransit lanes and as sidewalk. Transit lane and sidewalk to extend up the transit ramp, terminating at the end wall of the ramp. This exhibit will supersede the exhibit entitled" Kitsap Transit and WSF Shared Use - Phase AJB" when the Phase C construction is completed. ?iCE:: EXHI0* DAT~: 07/2R/~J,il 0 30 60 SCALE IN FEET '75' Exhibit ~ ~ Kitsap Transit and Shared Use Area Phase C WSF of the POF of the inner barb(Ir on the y the extensions o ROW tO the bulkhead); and the retreater include' access t structure; lower and stairs t lower level ot~ pedestrian wa ,, ', · ~,, 4 surfaces of louver level gangways :n B' float " and & and all &xisting floating structure to~A~float.~ / / FLOAT FLOAT A ACCESS TRESSEL ACCESS GANCWAY ,2 / ./ ,.~ .X FIL£: OATE: 0 30 60 SCALE IN FEET Exhibit Port of Bremerton Ownership at POF Facility NCCESS GANGWAY ACCESS TRESSEL FLOAT B ,%-',., /- / ,,'% ../ ,_',2' / / ...',, FLOAT A FILE: [XHPO£B DATE: 07/28/g8 I I I I 0 30 60 SCALE IN FEET 7? Exhibit r~ WSF Ownership at Inboard POF B Float "'"'-.ACCESS ACCESS TRESSEL That portion of the/l~F facility on the outboard A- Float,f -c~¢,~pt-lhat-pert4~/n-ewne, d-by-the-Port of Brcmerton, to,/t :,,.o I l~-~4~,Lc,- ~.~ l~.~sr lc-.'' ','.t FLOAT A FLOAT ACCESS GANGWAY ,¥ ,X X' © FILF,: EXHPOFA OATE: 07/28/g8 0 30 60 SCALE IN FEET WSF Ownership at Outboard POF A Float 4;' the 13 ~h.~:,~/ south the r is the extension north stair gangway to e of the deck. All on drawing RP] dated 7/8/98 and as herein. That portion oft POF facilities to incl pie~a~d access trestl~ float the boundary is the extens elevator the gangway north I FLOAT B FLOAT A 15IER ACCESS TRESSEL ~CCESS GANGWAY 0n1~: 07/28/g8 0 30 60 SCALE IN FEET Exhibit ~. Port of Bremerton WSF Shared Use POF Facilities and Area at Paramef~lx. Inc. £XHPKLOT 07/28/98 0 30 60 SCALE IN FEET Exhibit Kitsap Transit Easement from The City of Bremerton at The City Parking Lot NO. 3604 P. 02/02 DESCRIPTION O.F PSNS PARCEL The[ pore{on of BlocA 10, Ell~ 11 and por~ion~ af wcated W~gton A~ue ~nd P~fic A~ue ~1 ~ ~'~n ~ ~e P~T 0F ~E T0~ 0F BEn.TON ~ ~ in V~ume ~ o~ Pl~ en P~gc 30, R~d$ ~f K~t~p County, des~b~ ~9 a ~oJe ~s ~io~ throe :lon~ t~e no~ line of s~id Bilk 10 ~nd Block 11, No~ ~4 52 W~t 268.43 feet to ~n [nte~ctien wl~ ~ ~ con~ to ~e no~s~ ~e r~dius po~t of b~ in No~ ~'08'3Z' E~ 1Z5.~ f~; ~h~ce ~long ~d ~ ~n arc dis~ce of 186.69 ~[ ~rough ~ c~ ~nglc of B4'33'2~'; thence S~ ~4'52' E~ 120.15 to ~e beginning of o 70 foot rodius cu~e conc~ to'the ~ce ~~8~y ~)~9 ~id ~ ~ arc distcnce .of f~ ~rou~h ~ c~cl ~ngle of 31~5'25' to ~e ~ete~y beund~ of the Puget ~u~d Ne~ ~ip~r~ cs ~own on c Record of ~1~ tn Volume 41 of S~ ~ P~ges 205 though 215; th~ce ~[ong sc~ ~[~ly boundc~ No~ 58'47'59" W~t 21.29 feet to )nt~tion of ~e no~w~Y m~gin of sold w~shingt~ A~ue ~nd ~e w~ margin of an alle~ ~ce ~iong ~id w~t margin Na~ 0~'~'08' ~St 108.3~ f~t ~o ~e po[hr of b~inning. -- _ P~r~metrix Inc. FRONT STREET That portion of Washington Avenue within the Plot of the Town of Bremerton, os recorded in Volume 2 of Plots on Page 30, records of Kitsop County, Washington, bounded on the west by the easterly line of the Puget Sound Naval Shipyard os surveyed in 1994. and recorded in Volume 4-1 of Surveys on Pages 205 through 215 end bounded on the east by the centerline of Front Street extended east to the northwest line of Block 2 of said Plot. FILE: K: \W~=~;ngton Ave~Wo~-Phose A/~I 0AT~: 7/50/gR 0 30 60 SCALE IN FEET EXHIBIT ~'~ WASHINGTON AVENUE VAOATION PHASE A/B Parametrix Inc. BLOCK 9 F12.3'/ FACE OF CURB / Y FRONT STREET~ That portion of Washington Avenue within the Plat of the Town of Bremerton, as recorded in Volume 2 of Plats on Page 30, records of Kitsap County, Washington, bounded on the south by the centerline of Front Street extended east to the northwest line of Block 2 of said Plat and bounded on the north by the easterly extension of the north face of curb of Front Street, which is 12.3 feet south of and parallel with the north margin of Front Street, to said northwest line of Block 2. ~'ILY: K: ~wa~nlngt~ Ave\wo~c~--Ph~3~a C ~AT~: 7/30/98 0 50 60 SCALE IN FEET EXHIBIT WASHINGTON AVENUE VACATION PHASE C _ _ Ps, r~metrix Inc. (FRONT STR! That portion of Front Street within the Plat of the Town of Bremerton, as recorded in Volume 2 of Plats on Page 30, records of Kitsap County, Washington, between the southeasterly margin of Washington Avenue and the inner harbor line. -- AND The south half of Front Street within the Plat of the Town of Bremerton, as recorded in Volume 2 of Plats on Page 30, records of Kitsap County, Washington, between the northwesterly margin of Washington Avenue and the north extension of the east margin of the alley in Block 10 of said Plat. o,,~: ,/~o/,~ EXHIBIT I I I I FRONT (1ST) o 3o 6o ¢ PHASE A/B SCALE IN FEET ~4+ .., ¢' STREET VACATION _ _ Psrsmetrix Inc. LO BLOCK g FACE OF CURB FRONT STREET F12.3' That portion of Front Street within the Plat of the Town of Bremerton, as recorded in Volume 2 of Plats on Page 30, records of Kitsap County, Washington, between the east margin of Pacific Avenue and the northwesterly margin of Washington Avenue and bounded on the north by the north face of curb of Front Street which is 12.3 feet south of and parallel with the north margin of Front Street and bounded on the south by the south margin of Front Street. EXCEPT the south half of Front Street lying between the northwesterly margin of Washington Avenue and the north extension of the east margin of the alley in Block 10 of said Plat. FILE: K:\wasnh~ton Arc,Front-Phase C 0A~: 7/'~0/g8 0 30 60 SCALE IN FEET EXHIBIT Elc) FRONT (1ST) STREET VACATION PHASE C :,'r.;. e~rlx./nc. '! A'~eY Vacation That portion of a fourteen (14) foot wide alley within the Plat of the Town of Bremerton, as recorded in Volume 2 of Plats on Page 30, records of Kitsap County, .Washington, adjoining the southeast line of Block '1 of said Plat and lying between the southwest margin of Front Street and the easterly line of the Puget Sound Naval Shipyard. '~- Alley Vacation (at WSF Holding Area) Parametrlx. Inc. AJ]ey Vacation The fourleen (14) foot wide alley within Block 10 of the/=/at of the Town of Bremerton, as recorded in Volume 2 of Plats on Page 30, records of Kitsap County, . Washington. 0 15 30 SCALE IN FEET Exhibit ~ ~.,'l Alley V. acat. ion (Phase C) ~ ~ SNOIIVgVA J.V~ JO IH21~ NOJ2J]t'Y2~/~ JO ~(llD Exhibit C Real Property and Air Rights Allocation Plan Exhibit C- Real Property and Air Rights Allocation Plan is a blue print plan, RP 104, that has not been finalized. Copies will be distributed when it is final. U.S. Del~lment of'Trartsportation Federal Transit Admintetration REGION X Exhibit D Mr. Rich~d M. Hayes Exemtive Director Kitsap'Tramit 234 South Wycoff Btemerton, Washiagton 98312 .~-~. ..-. .~r~ 4 1991 Re: Procurement Issu~ on Bremerton Waterfront Redevelopment ~nd htermocLd Temgnal Projec~ We havc r~wiewed your leRers of May 20,1996, June 6, 1996, January 31, 1997 and your August 26, 1996 grant appli~on on the B~cnon Tr~spon~on ~er (BTC) Ioim D~oom~ ~e~ ~d have the follo~g ~is re~ W ~ proj~'s ~mp~sa~ ~thF~sl We concur that the procurmra~qt process outlined in Kiuap Trmmit'm OCT) Attachments A, B, C andD o/your hnuary 31, 1997 letter (the Artar. hmer~ are herelry rnads a pm oftlgs letter) complies with feds, al procurem~rn guidelines. We agree thai this projeci has to h~v~ continuity in both design and construction in order lo succeed. We hav~ one concern on your proposed subconUacIing process outlined in Atuchment B. Under item $ you stsle "HSW (Howard $. Wright) will award the bid to lowest compliam sad responsive bidder, unless no bidder is within the cost parameters es'~l;shed by KT'm cost estimation process. If no bids are received that ue within 5% of the con estimate, HSW would have ~e option of negotiating wi~h the low bidder or, ifHSW didn~ bid on that elemen% assuming responsibility for that segment with its own workforr, e." As a suggestion, KT should consider the following statement in the N, equest for Bid (RFB) or a suitable v~riance thereof in place of the above referenced statement; "If no bidder comes wiflin 5% of our cos~ esYimste on this Request for Bid, we re. rye the right to negotiate directly with ',he low,~ responsive and re. spons~le bidder~." This clause will disclose the terms of award to ~ll bidders. Tbs offexor must define the bid range for thc negotiation process. The r~age may su~rt with the lowest responsive and responsible bidder and if agreemen~ can't be reached, an option must remain to proceed to fha next lowest responsive ~ud re..vpongble bidder, or negotiation could be done st the same time wi~h the lowest tinge of bidders. This procedure resuRs in a con,~ersion of the RFB ia an RFP (Request for Proposal). The RFP evaluation crileria becomes the lowest responsive and respons~le bidder and the RFB process eliminates the highest bidders. We caution you to not state the criteria so thai yo~l are lef~ with rio bidder with whom to negotiate. Page 1 of 2 J/ Also, in accordance with 4220. ID, K. itsap Transit must maintain a contract administration s3'stem tha. t ensures contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. If we can be of fnnher assistanc~ to you or if you have quesfiont r~garding this letter, please contact Pat Hendrix on my staff at (206') 220..a,465. Sincerely, -~ Helen Knoll Regional Administrator Enclosure cc: Mr. Terry McCarthy, Washin~on Sate Ferry. System Attachments: A. Justification for public/private, design-build, financed, turnkey process in development of ~ Bremerton Transportation Center and the redevelopment of adjacent areas in the downtown Bremerton urban renewal zone B. Definition o~'$olicitation Process for Sub-¢orttrlcts. C. Guaranteed Maximum Piice D. Assessment Criteria Page 2 of 2 ATTACI:IM~NT A JUSTIFICATION FOR PUBLIC/PRIVATE, DESIGN-BUILD, FINANCED., TURNKEY PROCESS IN DEVELOPMENT OF A BREMEKTON TRANSPORTATION CENTER AND THE REDEVELOPMEN~ OF ADJACENT AREAS IN THE DOWNTO~ BREMERTON URBAN RENEWAL ZOla,rE The process proposed for the tasks outlined in the heading above is quite coml~licated but is nec~s~ry to provide proper protection to the public while ~lso accomplishing a very complicated fac'flky and downtowu redevelopment. The process, as a purchasing procedure, includes three primary steps designed to keep the intent oftl~ main federal and state procedural rules. The steps are as follows: 1. A request for proposals process for a public/private, design-build, turnkey effort was made svailable ~o major construction and development firms, not just throughout the Puget Sound region but in fact nationwide. This process, which followed the standards of applicable laws, lecl to the selection of Fletcher Wright as the developer- coat£a~oF. 2. A formal bid by Fletcher Wright, now Howard S. Wright, and its design and development team will submit a Gross Maximum Price design-build proposal at the 60% design level. The 6(Y'A design level v, ill foUow negotiation of the design review elements, operations/maimenance agreements, quality assurance, warranties, and temporary construction facilities, and it includes detenniuatlon of otg complete set of plans, specifications, and contract provisions. This bid will be a closed bid against the formal estimate prepared by Kitsap Transit (KT) for this same 60% design level. Howard S. Wright must, absent any knowledge of what the estimate is, arrive at a lower cost proposal to remain in the' role of developer-contractor. 3. Bidding out by Howard S. Wright, if the firm succ_-~_-ds in step two above, of 75Vo of total costs of the construction project. Standard government bidding procedures, as described in FTA Circular 4220, vdll be utilized by Howard S. Wright under the supervision of city and transit representatives from the construction management team. 4. Finally, KT will conduct a review &the total cost of the development, design and construction process and compare this process to the total cost of the project conducted in the classical government approach of 100% design, then build as a separate project from the other governmental and private elements. This analysis include, as a cost on the side of the proposed project, the financing expenses as well as the direct design, development, and construction costs to be incurred by KT. KT believes that this process, in and of itself, provides essentially the same protection to the public, in terms of proper use of public funds, as the standard governmental project development and procurement process. But it also allows for the development of much more substantial and much more integrated project than would ever be possible otherwise. In addition, we believe it will prove to be more cost-effective. Beyond the protections built into the process, there are three primary reasons why such a process is necessary for this particular project. They are as follows Multi-Agency. Multi-Partner lssue-~ The number and mixture of'private and public agencies involved in this process would make a stand~'d construction process so di~cult as to be doomed to failure fi:om the beginning. On the governmental side, there are four local governments with specific proj~-'t eteme~ts involved; the City ofBremerton, Kitsap Transit, the Port of Bremerton and the Wa~gton State Femes. All four have diff~ent boards of directors, di.ff'erent advisory groups, dif~erem budg~in8 processes a.ud funding sources, and di~'erent interests in this project. On the public side, even in a phase one, there are into distinct non-public project elements: The first is the commuter services retail comdor, which is entirely ~thin the transportation cemer above two floors .of parking garage and below two floors of public agency office space. The second is a ~um of two f~ll blocks of' commercial developme~ adjacent and to the north of the transit center which is the full.scale, mixed-use development including o~ce space, restaurants and other kinds of shops a~d some moderate-risc reside~ial, all atop an extension or,he parking garage mentioned e~rlier as also a part of the transportation center. There is no way that this number ofdiff'erent entities could reach agreement on a project and bid it out, using s'~ar~lard govemmemal processes, wi~out radically increasing both the time and cos! of'the entire project, if'they could do it at ~. This new process, a~d the use of a non-profit intermediary; the Sinclair L&nding Association (SLA), is recommended as the only effective way a project of such scale and complexity can be realized. P~n~,ng Risks The process requires both public and private agencies to make subsmn£ial hivestmems in design, pre-design and pre-construction activities, which cannot be reasonably recouped w~thout some sort of process which gives the private developer-contractor firm a right to proceed from the design phase through to actual cons~uc~ion. Public agencies alone have made an investment in the range of several hu~d~ecl thousand dollars, but ~he private investment to reach the point of the 60% design and bid-out point, is reasonably expected to be well in excess of a million dollars for the emh'e Sinclair Landing design, only about $500,000 of which can be ~er~ouped by public ~ant ffunding for design set, ices. The firms in question are aware of the risk and are willing to assume that risk, but not fi.the project has to be completely and openly bid out to a. li imereste~ parties at the 60*A design level. The process must provide some priority' ~o the firm that assumes the risk that is essential to realizing the project to a biddable point. rag~ 2 Desima Continuity and Gonstrugtabili~ The project has, in addition to a mukiplidty of p~rtners, its own internal construction complexity. As a result, it has a prevailing need for continuity in both design and construction. The project involves ~. major public facility, the B~emenon Transportation C_,eoler (BTC), with a private element built into the heart of it. It also involves shm-4.ng a parking garage. To develop the full potential of tim transportation sad economic development opportunities, tl~ BTC has to fully integrate the private element of the commuter retail, the parking garage and the adjacent private mixed-use development, from traffic parterres to design treatments, into a single functional entity. In addition, there are enormous advantages in having a single fu'm complete the design and construct the entire package, fi.om both cost-control and a project-rn~nagement points of view. In particular, the major necessity to keep both ferry and bus passenger service operating during this entire construction phase, maies a fully integrated construction process imperative. Al~chm~rt A: Ju~Jflc~tio~ for ~ pro~ ~'o~uc'.mx,~ Woee~. KJ~p Transit 35- A'I"I'AC~ B Definition of Solicitation Process for Sub-contracts As thc second element ofthe process designed to insure the public that they ee receiving f~ir value for their dollar, Kitsap Transit is proposing that Howard S. Wright ('HSW) bid out 75% of the construction comract through a process similar to a local government bid process. This process, which HSW has agreed to in writing, shall proceed ss follows: 1. in the cost estimating for thz overatl project, sub-elements ~re paced that correspond to biddable subcontracts. :2. HSW will develop a spec/tic, eton for each of these subcontra~ elements, thc, ending FTA clauses and certifications. KJtsap Transit.(KT) will review and approve that specification. 3. HSW will advertise the specification with a firm deadline to an approved list of'local and regional subcomractors, which will be developed ~ advance with KT's assistance and veri~ed by same. 4. Bidders will respond to the HSW offer by a set date and time, and at that date and time, the agency oversight committee (led by Kitsap Transit), along HSW representatives, will review the bids for compliance a~d responsiveness. 5. HSW will sward the bid to lowest compliant and responsive bidder, unless no bidder is witl~in the cost parameters established by KT's cost estimation process. Lt'no bids ~e received that are within 5% of the cost estimate, HSW wou~d have the option of' negotia~ng with the low bidder or, ~HSW didn't bid ou that element, assumi~ responsibility for that segment with its own workforce. While this provides additional work tbr both Howard S. Wright and the agency oversight committee, it provides the greatest assurances to the public and to other bidders that the sph4t of the law is being observed here. .s, anzhm~-nt B: l~fiaitio~ ot' 5~lsek.~ion Proce~ For 5~b-,x~cu. Ki~.x~p ATTACH:M:ENT C GUARANTEED MAXIMUM PRICE Following up on discussion with FTA officials on Jan. 15, Kitsap Tr~n_~it ('KT) has refined the method by which ii would'establish and .compare the Howard S. Wright (I-ISV0 guaranteed maximum price (Gi~) with KT's overall cost estimate for the project The changes are designed to ensure an arms-length relationship between HSW in its bidding and KT in the position of the agency awarding the GMP contract. 1. First of all, K'T must insure that HSW does not know thc final total estimated cost it is using as the comparison benchmark, in advance of submission of its GMP. The city and KT mutt develop a percentage standard of deviation by which HSW'$ bid must beat its cost estimate; this is defined as 2%. This percentage standard of deviation is sufficie~ lo ensure that a normal level of expected variation in estimating is not responsible HSW's price being higher than the true GMP. ,adladn.,a~n~ C: Ou~,'~teed ma.'Cmum pric~ prucem, i~it~aO Tra~.~t January 31, 1997 Helen Knoll Regional Adminimator - Region X Federal Ttnsit Administration 915 SecoM Avertue Federal Building. Suite 3142 Seattle, WA 98174-1002 Dear Ms. Knoll, This letter follows up on thc ptdiminaty responses dated Jaa. 14,1997 and o~tr dL~eussions of'that documeat on the 154 o£ January. Four issues are addressed in this letter', with the ~rst and probably most im~ortant being a justification for the proposed proc~u'ement process. It is provided u Attachment A_ Following up on that statemeat and further defining key elements within it are two ite~.~; Definition of Solic/tatiort Proceu for Sub- contracts and a deacriptioo of the guarameed maximum price process (GMP); they are Attachznents B and C. FiaaU. y, you requested the aa~ssment criteria that we used to make our determination initially as to who would be selected as the development team. The aasefiznent cr/teria were included in.the Solicitation document and I.have provided, as Attachment D, the page fi'om th,~ document the: spelled out those crkeria~ We had promi~.ni you a 1997 six-year plan, which We're in the process or'developing and which will demonstrate the agency's ability to tupport this process, and we will provide That to you under separate cove' sometime around the end of FebTuaty. It is an elemeat cf our s/x-year TDP and it l~m to be developed in concert with the rest of that document, so it's important to take the time with it that it deserve. We will be using a $4 million total local agency cost a~ the be.his for the cost o£the project, in the fiaan~ portions of the TDP, just to be aa ~t'e aa possible, evert though we do, at this juncture, expea to be able to keep the agency' s local contribution to the $2 million originally envisioned. We had also promised to obtsl, the assistance of our SLA 6~an¢ial consultants, the fu-m ofGardiner & Clancy from Portland. Ore. on this topic and we have ~everal work sessions set up with thexn over the ne:ct two weeks as part ofthe final review of the SLA development team. If there are any other questions or items which you recall aakin$ about or that we may have promised, please feel free to call. I will be calling .vat Hendrlcks about this ~ of propouh when I return from the APTA Legal Semi~.r on Wednesday of next week. 1LiZard M. ~t~, ~ Trarai,.. library ] 1, 1~97 Thank you for your support and interest in this project. While it's an undertaking of amazing scope and comple~ty, it continues to go well and we very much appreciate your assistance. Sincerely, Richard M. Hayes Executive Dixector RMH/ckb Pal Headricks Bill Fort Exhibit E Bremerton Transportation Center Public Funding Portfolio Grant name i I I ~Odgin Phase Requirements in Total Award 1997/98 1998 I 1999 iDraw down date * A B "I C I TOTAL Kitsap Transit O 41000,000 0 4,000,000 Local Contribution/Bond Issue " ... $4,000,000 I "' 11/19/97 ......... C i~y .Ge..p.t.e_ch n !~ I ........... 80.,000: ......... .0. :~ ....... _0, ...... _8_ .0_ ,_0. _0. 0_~ Federal HUDIInterlocal Agmt $8o,ooo i immediatelyl { I City SR304 01 300,000 382,000 682,000 Federal Hwy. & State TIB $682,000 immediately w/CN of street, , WSF Budget '96 446,762 1',001,238 0i 1,448,000 State Legislature ' $1,448,000 3/1198 cPSPTA '95 229,000 0 0 ~ 229',000 State TIB $229,000 expended CPSPTA '96 State TIB 7:30,000! 0 0 730,000 $730,000 expended , · CPSPTA '97 2,036,580 1,233,420 0} 3,270,'000 State TIB $3270OOO immecllate upon CN phase i 'STP (U) 171,000~ 0 0{ 171,000 Federal FTA $171,000 3/1198 STP (E) 24,500 0i 0 24,500 Federal FTA ~- $24,500 311/98 STP (C) 0 4,500,000 0 4,500,000! Federal FTA $4,5oo,ooo ,,, 3/1/98 Note: City and Port of Bremerton property vacations are not calculated for cash flow analysiS. Prepared by:. W. Clark 3/4/98 Page I Bremerton Transportation Center Public Fundin l Portfolio Origin Phase Requirements in Total Award Draw down date * A B C TOTAL Sect. 3 '97 1,629,272~ 355,728 .,. 0 1,985,000 Federal FTA $1,985,000 311198 Sect. 3'98 ...0~. 1,.0.00.,0.00_! ............. .0~ ..... _1. _, ~ 0_.0 ,_0_0_ _0 Federal FTA $1,000,000 Sect. 3 455,000 0 0i 455,000 Federal FTA (WSF origin) $455,000 311/98 , Sect. 9 Fixed Guideway 5,337,000 0 , 0 5,337,000 Federal FTA (WSF origin) $5,337,000 311/98 Sect. 3 '99 0 2,000,000 0i 2,000,000 Federal FTA $2,000,000 11/30/98 I Sect. 3 '00 0 1 ,.__7_04,404 295,596 2.000,000 Federal FTA $2,000,000 11/30/99 Sect. 3 '01 0i 0i 1,000,0001 1,000,000 Federal FTA 11/30/(~ ....... TOTAL Funds Available 11,139,114 16,094,790 1,677,596 28,911,500 TOTAL Funds Required 11,139,114 16,094,790 5,266,965 32,500,869 (shortfall) i 01 O! -3,589,369 -3,589,369 ' I Abbreviations: i Phases: I i , WSF Washington State Ferw I I A Passenger-Only Ferry CPSPTA Cen'a'al Puget Sound Public Transportation Account Terminal l STP Surface Transportation Program B Transit Deck and Passenger HUD Housing and Urban Development Concourse TIB Transportation Improvement Board C Modified Pacific Avenue =TA Federal Transit Administration · * KT to Borrow Short-term Pending Receipt of Grant Funds , * Funds are drawable from 3rd parties at time of project delivery. /~')7) -.. Note: City and Port of Bremerton property vacations are not calculated for cash fiery a Prepared by: W. Clark 3/4/98 Page 2 ~IBIT F BREMERTON TRANSPORTATION CENTER OPERATIONS AND MAINTENANCE AGREEMENT NO. GCA 1207 THIS AGREEMENT, hereinafter called the "Agreement," is made and entered into this day of , 1997, by and between the WASHINGTON STATE FERRIES, a division of the Washington State Department of Transportation, hereinafter called "WSF;" KITSAP TRANSIT, a public TRANSIT;" and the PORT hereina~er called the "PORT." transportation benefit district, hereinafter called "KITSAP OF BREMERTON, a Washington municipal corporation, WSF, Kitsap Transit and the Port shall hereinafter each be identified as a "Party," and shall be collectively called the "Parties." WliIEREAS, pursuant to a Memorandum of Understanding executed in February, 1996, and amended in April, 1997, Kitsap Transit and the Sinclair Landing Association, hereinafter called the "SLA," in conjunction with Howard S. Wright Construction Co., the City of Bremerton, the Port, and Kitsap County, have been cooperatively pursuing an .integrated redevelopment of portions of the central waterfront of the City of Bremerton through a project commonly known as the "Sinclair Landing Project;" and WHEREAS, the Sinclair Landing Project is expected to include various public and private features including, but not limited to, an intermodal transportation center known as the Bremerton Transportation Center, hereinafter called the "BTC," to include transit, passenger-only and car ferry ~ei-vice, commuter retail facilities and similar features; and WltEREAS, the BTC will constitute the initial phase of the Sinclair Landing Project and will include common features, structures and functions with other components of the Sinclair Landing Project, such as parking garages, plazas and pedestrian esplanades, hill climbs and adjacent commercial and retail developments; and WHEREAS, on February __, 1998, WSF, Kitsap Transit, SLA, the City of Bremerton, and the Port entered into a second Memorandum of UnderStanding emitled the Sinclair Landing Memorandum of Understanding for Bremerton Transportation Center Development, (No. GCA ) hereinafter called the "MOU;" and WHEREAS, pursuant to Article II(B) of the MOU, the Parties committed themselves to negotiate in good faith a joint use, operations and maintenance agreement providing for the assignment of maintenance, operation, and security responsibilities throughout-the BTC, procedures for public announcements and advertising, rental and commercial management, risk allocation, modifications of the facility and other similar operational details pursuant to a general allocation of responsibilities attached to the MOU as Exhibit G; and WHEREAS, the Parties wish to satisfy their obligations under Article II(B) of the MOU by agreeing to distribute the responsibilities for use, operations, and maintenance of the BTC in the manner set forth in this O&M Agreement; and WHEREAS, the Parties have the authority to enter into this Agreement pursuant to Revised Code of Washington (RCW) Chapter 39.34; NOW TItEREFORE, in consideration of the terms, conditions, covenant~, and performances contained herein, or attached, incorporated and made a part hereof; the Parties agree as follows: I. PROJECT DESCRIPTION AND I)MSION OF BTC SPACE The BTC component of the Sinclair Landing Project will be an intermodal transportation facility that will integrate land-based transit Services, passenger-only and car ferry service, commuter retail facilities and other public access and plaza amenities. Construction of the BTC will be implemented in Subphases "A", "B" and "C' as described in Exhibit A, attached hereto and by this reference incorporated herein. Space within the BTC shall be allocated among Kitsap Transit, WSF, and the Port, or shall be designated as a common area, as set forth in the space Plan shown on B attached hereto and by this reference incorporated herein. Responsibility for the operation and maintenance of all space within the BTC shall depend upon each area's' characterization under Exhibit B. 2 II. TERM This Agreement shall commence on the date written above, and shall remain in effect so long as the Parties use their allocated portions of the BTC for the purposes stated herein, unless terminated earlier pursuant to Article XXIII below. m. GOVERNANCE A. Joint Board. Pursuant to RCW 39.34.03 0(4), the Parties agree t9 establish a j oim board, hereinafter called the ~'Board" that shall be responsible for (i) the operation and maintenance of all common areas idemified in Exhibit B, and (ii) resolution of any disputes among the Parties regarding the common areas. The Board shall be comprised of one representative from each of the Parties. If the Parties agree to expand the membership of the Board, each party shall continue to have one- third representation on the revised Board. The Board shall be chaired by the representatives from Kitsap Transit, the Port, and WSF in alternating years. The representative from Kitsap Transit shall chair the Board during the Board's first year of existence. In the event that one Party is outvoted by the other two Parties on the Board, the aggrieved Party may appeal the Board decision through the ADR process set forth in Article XVII. The Board shall meet on a regularly scheduled basis to determine an annual operating budget and/or to schedule routine maintenance and special projects throughout the course of the year. The Board shall also be authorized to establish procedures for public, non-profit, and commercial uses of the common areas, roles .for public conduct within such areas and general maintenance standards. Each Party shall pay a proportionate share of the Board's annual operations and maintenance costs pursuant to a formula established by the Board. IV. OPERATIONS AND MAINTENANCE RESPONSIBIlJTIES A. Common Area Responsibilities Unless otherwise specified in this Agreement, general maintenance of all common areas identified in the space plan attached as Exhibit B shall be performed by a building maintenance contractor hired by Kitsap Transit through the Kitsap Transit procurement process. The specifications and requirements for the building maintenance contract shall be defined and written by the Board, and the Board shall unanimously approve the contract prior to execution by Kitsap Transit. The building maintenance contractor shall, be responsible for all cleaning, general repair and replacement work, spill clean-up, utilities and equipment maintenance, landscaping in the common areas, as well as for ail other work specificaily set forth in the building maintenance contract. The maintenance costs for the common areas shall be borne by each Party in proportionate share as described in the formula set forth in Article III above. B. Individual Space Responsibilities. Unless otherwise specified in this Agreement, each Party shall be responsible for the operation and maintenance of the space it has been allocated in the space plan attached as Exhibit B and shall maintain such space in a clean, safe and attractive condition. Such responSibility shall include, but shall not be limited, to the following: (a) General cleaning, prompt minor repair and replacement; (b) General/non-hazardous spill clean-up; (c) Pavement maintenance. Each Party shail be responsible for sweeping,' cleaning, patching, repairing, striping, and snow removal on the paved areas of its component of the BTC. "Paved areas" shall include, but shall not be limited to, roadways, vehicle holding area~s, and pedestrian walkways. (d) Landscaping. Each Party shail be responsible for any landscaping required on greenery or other plants maintained in its component of the BTC: (e) Equipment maintenance. Each Party shail be responsiblefor repairing and maintaining equipment that occupies spacewithin its component of the BTC. A Party may enter into separate agreements with maintenance contractors, including the building maintenance contractor hired pursuant to Article IV.A above, for maintenance services for that Party's allocated space. Such costs shall be borne entirely by that contracting Party. C. Security. WSF shall act as the lead agency for coordinating security throughout the BTC. WSF shall work with the Washington State Patrol and the City of Bremerton, and shall arrange for the Washington State Patrol to assume lead responsibility for 24 hour site security at the BTC and the City of Bremerton to assume lead responsibility for'incidence response. WSF's coordination effort shall include the development of procedures describing in greater detail the particular security responsibilities of each entity. WSF shall submit such procedures to the Board for review. D. Utility Maintenance and Repairs. WSF shall have lead responsibility for coordinating the maintenance and repairs of utilities throughout the publicly owned.portions of the BTC. In the event that work is required for common areas or on utilities affecting more than one Party, the costs of such maintenance and repair shall be borne by' each affected Party in the proportionate share according to the formula set forth in Article II above. In the event, however, that utility work is requked for the benefit of one Party, the costs of such maintenance and repak 'shall be borne solely by that affected Party. V, SPECIAL RESPONSIBH.,ITIES. The following responsibilities are. allocated in the manner described below. The Parties recognize and acknowledge that new tasks and roles of responsibility will. become necessary in the future and agree to work together and with the Board to determine which Party is best suited for assuming the new area of respcinsibility. A. Storm Water 1. WSF shall apply for and maintain the necessary permits required to install, use and maintain oil water separators for the.entire BTC. Kitsap Transit shall clean the separators regularly and shall provide to WSF all documentation necessary for WSF to maintain the permits described above. The cost of cleaning the separators shall be shared equally by WSF and Kitsap Transit. B. Telecommunications and Public Address Systems 1. Each Party shall design and install its own telecommunications system, and shall bear the entire cost of such design and installation. Each Party shall also pay the on-going operations and maintenance costs of its own system. WSF shall ensure that its telecommunications system provides public address capability throughout the BTC, and shall provide access to this public address system to the other Parties at no charge. The other Parties shall be responsible, however, for acquiring all equipment necessary to access the public address system. 2. WSF shall design the static signage component of the communication system in accordance with the WSF standards manual. Kitsap Transit and the Port shall have the opportunity to review and approve the shoreside signage standards, which approval shall not be unreasonably withheld. 3. The communication system shall also include a community information posting program that will allow community groups to post information about events or activities in specified areas of the BTC. WSF shall administer this program in accordance with the appropriate sections of the Kitsap Transit Rider Conduct Policy, WSF's statutory and regulatory procedures, and in cooperation with rules and procedures established by the Board. C. Newspaper Vending 1. WSF shall coordinate the design, installation, and maintenance of newspaper enclosures in the common areas of the BTC. WSF shall also coordinate the direct newspaper sales, if any, to customers in the Vehicle holding area at the BTC. The Board shall determine 'whether newspaper vendors will be allowed to work in any other area of the BTC. Kitsap 6 fob Transit, however, shall not .permit newspaper vendors to work on the property for which it is responsible. D. Sales and Solicitation Policy The Parties shall work together with the Board to design, develop, and approve a set of policies governing sales and solicitation throughout the common areas of the BTC. Each individual party shall establish its own policies governing sales and solicitation in its own allocated portion of the BTC to complement the policies developed for the common areas. E. Remote Review Video Monitoring System WSF shall design a remote review video camera and monitoring system for the entire BTC including subphases "A" and "B". WSF shall provide to Kitsap Transit the system specifications throughout the design process after consultation with the Port. Each Party shall have the option of installing equipment in its designated area to operate the system at its own expense. WSF shall bear the full costs of design, installation, operation and maintenance of those portions of the system used to monitor WSF's overhead loading structure. F. Bicycle Lockers Kitsap Transit shall coordinate the design and installation of bicycle lockers in specified areas of the BTC at its own expense. The Board shall determine the number of lockers to be installed as well as their locations. Operation and maintenance of the bicycle locker program shall be the responsibility ofKitsap Transit's customer service organization. Customer' fees and any revenue sharing shall be established by Kitsap Transit. G. Employee Parking WSF, Kitsap Transit, and the Port shall work together to establish policies governing the assignment of parking spaces for their employees. VI. USE AND CONTROL A. Use. Unless and until the Parties agree otherwise, the BTC shall be used as follows: /07 1. The areas controlled by WSF, including but not limited to, the vessel docking facilities, vehicle and passenger staging areas, agent offices, and terminal operations staff facilities, shall be used for WSF's auto ferry and passenger-only ferry service. 2. The areas controlled by the Port, including but not limited to, the passenger-only vessel docking facility and passenger staging and loading areas, shall be used for Hofluck Transportation's passenger-only service. 3. The areas controlled by Kitsap Transit, including but not limited to the transit staging areas, passenger staging and loading areas, and customer service office, shall be used for Kitsap Transit's bus service. 4. The breakwater dock controlled by the Port shall be used to protect the harbor area for the Bremerton waterfront between First Street and Second Street. 5. The boat moorage controlled by the Port shall be used as a public boat landing and moorage facility, provided that such use does not conflict with operation of WSF's passenger-only ferry service. No commercial or non-commercial activities in the common areas are authorized unless approved in advance by the Board. The Parties shall coordinate any commercial or non- commercial activities on their individually controlled areas so that such activities complement each other to the benefit of BTC customers. Furthermore, the Parties shall advise the Board of any propos~cl use of individually controlled space that may adversely affect safety and/or operations at the BTC. This Agreement does not permit any use of the BTC that would interfere in any way with the ferry and transit oPerations at the BIC. B. Control. Each Party shall possess (i) continuous individual control over the use of its allocated space at the BTC identified in the space plan attached as Exhibit B, and (ii) cominuous joint control over the common areas identified in Exhibit B. C. Compliance with Law. The Parties agree that their use of the BTC shall be in compliance With all federal, state, and local laws and regulations governing use and occupancy of the BTC, including without limitation, any restrictions on use imposed by state or federal entities for funding purposes. VII. OPERATIONS - A. The Parties understand that the operations of WSF and Horluck Transportation must be coordinated to maintain marine safety. T6 facilitate the. docking and loading/unloading process for both ferry services, WSF shall provide the Port with current operating schedules for WSF's passenger ferry service to/fi.om Bremerton. The Port shall likewise provide WSF with current operating schedules for Horluck Transportation's ferry service to/from Bremerton. WSF and the Port shall continuously update such schedule transmittals as seasonal, emergency or other changes warrant. In the event there is a conflict between WSF's passenger ferry schedule, Horluck Transportation's passenger ferry schedule, and vessel entry to the public boat moorage, WSF's vessels shall have priority as to approach, loading/unloading and departure. B. The Port shall operate the boat moorage as a public facility, to be' open during the hours established in consultation with WSF. As necessary to cover operation and/or maintenance costs of the facility, the Port may impose a user fee. C. The Parties agree to consult each other to resolve conflicts in the operation of each Party's.allocated space at the BTC. VIII. IMPROVEMENTS No Party shall m~e any alterations, additions, or improvements to the common areas of the BTC, nor to its own allocated space when such improvement would disrupt the operations of another Party, without first obtaining the Board's approval, which approval shall not be unreasonably withheld. Alterations, additions, or improvements to a Party's own allocated space that do not disrupt the operations of another Party shall not require consent from the Board. The cost and expense of any such alteration, addition, or improvement consented to by the Board shall be borne by (i) the benefiting Party if one Party solely benefits from the improvement; or (ii) the Parties that benefit from the improvements, in proportion to the benefit received by each Party. It shall be the responsibility of the Party making the alteration to secure any and all governmental permits required in connection with any such work, and to perform such work-in accordance with governing laws and procedures..In addition, any Party constructing such an improvement shall work with the other Parties to minimize any adverse impacts of construction to the other Parties. IX. ENTRY FOR INSPECTION The Parties shall permit any Board representative or any duly authorized federal, state, or municipal officer to enter any portion of the BTC for the purpose of (i) inspecting the BTC for operations, safety or cleanliness, (ii) maintenance, repair or construction work, or (iii) responding to fire or other emergency. NO Party shall be liable for any claim for loss, damage, inconvenience, or interruption of business arising from such activities. X. PROTECTION OF PROPERTY AND SAFETY A. Fire Prevention. The Parties shall at no time permit any hazardous material, waste or refuse to exist outside of appropriate storage facilities in their respective allocated spaces and the common areas adjacent thereto. B. Property Inspection. The Parties shall inspect their respective allocated spaces on a regular basis to.prevent loss or damage to persons and property to the maximum extent reasonably possible. Inspection of the common areas shall be performed by the building maintenance contractor hired pursuant to Article IV above. XL ENCUMBRANCE OF PROPERTY INTERESTS None of the Parties shall execute any lease, pledge, mortgage, lien, contract or other obligation touching, affecting, or impairing the common areas of the BTC; nor shall any Party 10 S/ obligate itself, in any other manner, to any third party with respect to the common areas of the BTC, unless such lease, pledge, mortgage, lien, contract or other obligation is expressly authorized in writing by the Board nor shall any Party, by any act or omission of any kind, adversely affect any Federal interest in the common areas of the BTC.. XII, CHANGES TO SERVICE In the event that WSF and/or Kitsap Transit are prevented from maintaining their respective transportation schedules due to strike, riot, weather, vessel or bus break-down or repair, or any other causes whatsoever, neither Party shall be liable for any damage, loss, or increase in operating cost sustained by any other Party or Hofluck Transportation by reason thereof. WSF and Kitsap Transit also reserve the right, without liability for any damage, loss or increase in operating cost, to discontinue, increase, reduce or otherwise modify their operations at any time or times as it may see fit. XHI. AUDITS AND EVALUATION A. The work, materials, payrolls, records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection and audit by the Parties and/or federal and state officials (including the State Auditor's Office) so authorized by law during the term &the Agreement and six (6) years a_,~er expiration or earlier termination. B. Each Party shall make its facilities (and those of any tenants) accessible to the other Parties, and federal and state agencies or officials, at all reasonable times in order to monitor and evaluate the services provided under this Agreement. A Party shall give reasonable advance notice for such access in the case of proposed fiscal audits. C. Each Party agrees to cooperate with the other Parties in the evaluation of the Parties' performance under this Agreement and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. 11 ~:~PM XIV. MAINTENANCE OF RECORDS A. The Parties shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary to ensure proper accounting for all operation and maintenance funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of the Agreement. B. The subject records shall be maintained for a period of six (6) years following the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14, or unless a longer retention is required by law. XV. PROHIBITED INTERESTS No member, officer or employee of the Parties or their governing bodies, during such person's employment and for two (2) years thereat'ter, shall have any interest, direct Or indirect, in this Agreement, or any resulting proceeds thereof, unless such interest has been disclosed in writing to the other Parties and the other Parties have determined that there are no prohibited conflicts of interest or ethical violations under the circumstances. In addition, in accordance with 18 U.S.C. 431, no member of or delegates to the Congress of the United States shall be admitted to a share or part of this Agreement or to any benefit arising therefrom. XVL FORCE MAJEURE The term "force majeure" shall include, without limitation by the following enumeration: acts of Nature, acts of civil or military authorities, fire, accidents, shutdowns for the purpose of emergency repairs, strikes, and all other industrial, civil or public disturbances that are not reasonably within the control of a Party and which prohibit that Party from performing its obligations under this Agreement. If any Party is rendered unable, wholly or in part, by a force maje. ure, to perform or comply with any obligation or condition of this Agreement then, upon giving notice and reasonably full particulars to the Board, such obligation or condition shall be 12 suspended only for the time and to the extent reasonably necessary to allow for performance and compliance and to restore normal operations. In the event the Par~y ceases to be excused ' pursuant to this provision, then the other Parties shall be entitled to exercise remedies otherwise provided for this A~reement, including termination for default. XVII. DISPUTES A. Administrative Review The Parties shall make a good faith effort to timely resolve any dispute arising under this A~reement. If a dispute is not so resolved, it shall be submitted in writing to the Board for administrative review. After giving full consideration to the Parties' positions, the Board shall issue a written, reasoned decision and mail or otherwise furnish a copy thereof to the Parties. The decision of the Board shall be final and conclusive subject to the provisions of Paragraph B below. This administrative review process is an express condition precedent to the use of mediation set forth in P~a~aph B below. B. Mediation If a Party wishes to appeal an administrative decision issued pursuant to Para/~'aph A above, it may not brin§ any claim against another party unless the claim is first presented for non- binding mediation before a single mediator under the applicable Mediation Rules of the American Arbitration Association. Each Party to the dispute shall send at least one representative with full authority to settle the claim to the mediation sessions. To the extent that a Party's contractors' or suppliers have any interest in the claim, such firms shall also send to the mediation sessions at least one representative with full authority to settle the claim on their behalf. The cost of the mediation sessions shall be shared equally by the Par~ies to the dispute, with each such Party bearing its own preparation costs. The positions expressed during the 'mediation and the mediators recommendations shall not be admissible as evidence in any subsequent legal proceeding. 13 C. Litigation The Parties agree that they shall pursue resolution of all disputes through administrative review by the Board pursuant to Paragraph A above, and mediation as set forth in Paragraph B above, prior to litigating the dispute in a court of law. XVIII. NON-DISCRIMINATION' A. During the performance of this Agreement, neither the Parties nor their contractors shall, discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientations, age, the presence of any sensory, mental or physical handicap in the employment or application for employment or in the administration or delivery of services or any other benefits under this Agreement. The Parties shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. These laws include, but are not limited to, KCW Chapter 49.60, and Titles VI and VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act. The breach of any of the above non-discrimination covenants shall be a material act of default entitling any non-defaulting Party to terminate this Agreement in accordance with the procedures set forth herein. XIX. ASSIGNMENT, SUBCONTRACTING No Party to this Agreement shall assign, delegate or transfer this Agreement or the obligations incu~ed hereunder, in whole or in part, by operation of law or otherwise, or subcontract for the management or operation of the project improvements or parts thereof, without the prior written consent of the other Parties to this Agreement, which approval shall not be unreasonably withheld. XX. LEGAL RELATIONS A. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result 14 03:03J PM of this Agreement. No employees or agents of any Party or any of its contractors shall be deemed, or represent themselves to be, employees of any of the other parties. B. To the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Parties and their officials and employees from all claims, demands, suits, actions, and liability of any kind whatsoever, which arise out of or are related to the acts or omissions of the indemnifying Party and its officials, employees, agents and contractors. The indemnifying Party specifically assumes liability for actions brought by its own employees against the other' Parties and for that purpose the indemnifying Party specifically waives, as respects the other Parties only, any immunity 'under the Worker's Compensation Act, RCW Title 51. The indemnifying Party recognizes that this waiver was the subject of mutual negotiation and is expressly entered into pursuant to the provisions of RCW 4.24.115, if applicable. In the event any Party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this Article against another Party, all such fees, costs and expenses shall be recoverable by the prevailing Party. C. No liability shall attach to any of the Parties by reason of entering into this Agreement except as expressly provided herein. D. Each Party agrees that it will include in any contract which is related to the performance of this Agreement a provision requiring the contractor to defend, indemnify and hold harmless all of the Parties to this Agreement against any claims arising out of or related to the work of the contractor. E. The provisions of this Article shall survive any termination or expiration of this Agreement. XXI. INSURANCE A. At its sole expense, each Party to this Agreement shall keep its BTC project activities and operations continuously insured throughout the term of this Agreement against claims for personal injury or property damage, through: (i) an insurer licensed or approved to do 15 business in Washington State; (ii) participation in a recognized and funded self-insurance program; or (iii) a combination of commercial or self-insurance. The insurance required herein shall be of the type and minimum amounts described in Paragraph B. below; provided, coverage in the stated minimum amounts shall not be construed to relieve any Party hereto from liability in excess of such coverage. B. Each Party to this Agreement shall provide the following insurance (or self- insurance, if permitted herein) in the minimum amounts stated: Commercial General Liability in the minimum amount of $1,000,000 combined single limit to include: Personal Injury (including death); Premises Operations; Products/Completed Operations; Blanket Contractual; Broad Form Property Damage; and Independent Contractors. Pollution Liability Insurance, including environmental impairment liability endorsements, in the minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, inclusive of legal defense costs. 3. Workers' Compensation and Employer's Liability as required by law. 4. Additionally, each Party shall ensure that all of its on, site contractors provide Longshore and Harbor Workers' Compensation, as required by federal law, for work over the water at the BTC. C. Except for Workers' Compensation coverage, the insurance policy or policies required by this Section (or self-insurance, if permitted by this Article) shall name each of the other Parties to this Agreement as an additional insured thereon. Such inclusion shall not create premium liability for any such additional insured. D. If commercial insurance is procured, the insurer(s) shall waive subrogation against the additional named insureds hereunder, and a cross liabilities endorsement shall be included in the insurance policy or policies required by this Article. The policy or policies shall be primary over any other valid and collectible insurance. 16 E. The insurance policy or policies required by this Article (or self-insurance, if permitted by this Article) shall not be materially changed or canceled without at least forty-five (45) calendar days' prior written notice to the additional named insureds hereunder. Upon execution of this Agreement, each Party hereto shall provide each of the other Parties either (i) a certified copy of the insurance policy or policies, or a certificate of insurance evidencing such coverage; or (ii) if self-insured (as permitted herein), a statement of self-insurance guaranteeing the Party's ability to provide the loss coverage required herein. XXII NOTICE Whenever written notice is required to be given under this Agreement, such notice shall be given to the following respective addresses: WSF: For administrative and contract matters, contact: Tim McGuigan Administration and Legal Services Manager Colman Dock - Pier 52 801 Alaskan Way Seattle WA 98104 For facilities or operations matters: Traci Brewer South Terminal ManagerColman Dock - Pier 52 801 Alaskan W.ay Seattle WA 98104 Kitsap Transit: Ellen Gustafson Facilities and Operations Director 34 South Wycoff Brermerton, WA 98312 17 Port of Bremerton: Richard Brandenburg Executive Director 8850 SW Highway 3 Port Orchard, WA 98367 or to such other respective addresses as either Party may herea_Rer designate in writing. XXIII. TERMINATION A. Convenience Termination Any Party, by providing at least one hundred twenty (120) calendar days' prior written notice to the other Parties, may terminate its rights and interests in this Agreement, in whole or in part when, in its sole discretion, it is in the best interest of that Party. Termination shall be effected by delivery of a Notice of Termination to the other Parties specifying the extent to which the Agreement is terminated, the reasons for such termination and the date upon which such termination becomes effective. If this Agreement is so terminated for convenience by any Party: (i) the terminating Party shall be liable for payment in accordance with the provisions of this Agreement for common area maintenance costs and any other shared costs incurred prior to the effective date of termination; and (ii) the terminating Party shall not be liable for any of the other Parties' or their contractors' incidental or consequential damages, including, but not limited to, the cost of equipment and inventory, the additional costs incurred by the other Parties in performance of this Agreement, lost .revenue, lost profits and loss and interruption of business. B. Default Termination Any Party, may terminate its rights and interests in this Agreement, in whole or in part, for failure of any other Party to perform any material provision of this Agreement by providing prior written notice to the defaulting Party. Such written notice of intent to terminate shall specify the default or defaults then outstanding, and shall provide for a remedy period equal to the longer of (i) fourteen (14) calendar days; or (ii) a period of time specified in the notice as reasonably necessary to remedy the default(s). The terminating Party may, in .writing and at its option, 18 extend the above period if, in its sole judgment, an extension is justified. After the expiration of the remedy period so specified, if one or more of the defaults described in such notice remains unremedied, this Agreement shall terminate as to the terminating Party without further notice, and all rights of the terminating party shall cease. No waiver of any default hereunder shall be construed to be or act as a waiver of any subsequent default. Atter any default hereunder has been cured, it shall not thereafter be used as the sole basis for the commencement of any action under the provisions of this Paragraph. C. Emergency Termination Any Party may immediately terminate its rights and interests in this Agreement if any other Party defaults in the performance of any material provision of this Agreement, and the terminating Party deems that an emergency exists as a direct result of such 'default (endangerment of life or property are presumed to be emergencies). Such termination shall be effective upon the defaulting Party's receipt of written notice of such termination. In such case, the terminating Party shall not be liable to any of the other Parties for damages by reason of such termination,' and may avail itself of any other remedy provided by law. D. Damages: In the event this Agreement is terminated, in whole or in part, for failure of any Party to perform a material provision herein, the defaulting Party shall be liable to the non-defaulting Parties and their contractors for damages and expenses, including but not limited to: (i) the additional cost, if any, incurred by other Parties in performance of this Agreement; (ii) equipment and materials costs; (iii) loss of revenue and lost profits; and (iv) loss or interruption of any business at the BTC. XXIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstance, shail to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which 19 it held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect. XXV. GOVERNING LAW This Agreement shall be deemed to have been made in Thurston County, State of Washington, and the legal rights and obligations of the Parties shall be determined in accordance with the laws of the State of Washington. All legal actions brought pursuant to this Agreement that involve WSF as a party shall be brought in Thurston County, State of Washington. All other such legal actions shall be brought in Kitsap County, State of Washington. XXH. ENTIRE AGREEMENT/AMENDMENTS This Agreement constitutes the entire agreement between the Parties regarding the operation and maintenance responsibilities described herein, except as otherwise provided in the MOU. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing. IN WITNESS WHEREOF, the Parties hereto, and by their duly authorized representatives, have executed this Agreement as of the day and year first written above. 2O 03:(33 PM WASHINGTON STATE FERRIES, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: Date: App?oved as to form for Washington State Ferries: By: Assistant Attorney General Date: KITSAP TRANSIT By: Date: Attest for Kitsap Transit By: Date: PORT OF BREMERTON By: Date: Approved as to form for Port of Bremerton By: Date: 22 J:~l~). ~gS~,L F_AN5. DOC 03/lg/98 03:(~3 PM Exhibit A EXHIBIT LIST BTC Construction Plan Exhibit B BTC Space Plan 23 J :Y(MII',~35,~35-80. {i~{~i~CLEAN~. DCC 03/19~5 03:03 PM EXHIBIT G CITY OF BREMERTON PROPERTY AND RIGHT OF WAY VACATION SCHEDULE IRPt'~4 I " i,' ....... ;Totm! A~& IActlo. ....... rultlm,at~ ,.Parcel ID Di!cd~o~, ____ TAX ID-' SQ.FT. '!~"e'~'.UTm. d ..... Own,~'r none .. Washin~on Slreet . ~ . nla unknown Vacation ... K'r none FirsfStree{ f~la -- unknown Vacalion KT lA .... Holdin9 .Area Tunnel 371~-001-009-0006-1426337 unknown vacation - KT' A3 _CMveway E 242401-2-O05-2000-1161165 2,600. ,Transfer to I~T KT" .A5 _Ddvewa¥ W (T.' unnel) 2~24~'~"-2-007-20(~)8-116118! 1,600 Transfer to KT KT A1 CAy Parking Lot 24240i-2-0~;1~2004-11-~1'~38[ est. 4,90oi Pu'rchased by KT ' K~:' IOA Triangle Bid9. 13718-010-~-6~>:~60~-~2fi~-§ ~ 5,120 Transfer to KT IKT/WSF PSNS PSNSW¥coffPark'* ln/a i ~ .-- I 27,459 PSNSconve¥1oC~ty, mransferlkYJ~/VSF' Descdpflon Early Early Sta~ Finish Exhibit H 1999 2001 1000 iFinalize BTC Scope Design & design review 1003 ~ Prepare BTC proposal & ACA estimates Finalize ~¥(~ Notice to proceed w/BTC design & construction Commercial development planning & leasing 1070 I Design for commercial development i2000 IObtain FONSI from FTA 2_01__0 _. j Shoreline permit approval 2030 i BTC foundation permit 2040 J Fisheries closure for in-waler work 2050 ]Commuter retail building permit 3000 I KT acquisition of Books, Ander & Whlhse 3-~ ~n~n¥ ~ ~l"~-~-t io'n s ~'~'~d ) 3030 ;City acquisition of Triangle 3050 i Triangle tenant relocations (if required) 3060 !Triangle bldg haz-mat & demolition 3070 t Cemmercial development property, a.cquisition 4000 I Groundbreaking & start BTC wor~ on site 4005 i Complete BTC Commuler Retail pad for const 4010 !Complete BTC POF facility for use 4020 t Complele Terminal bldg for use 4030 i Comp ere WSF overhead loading project 4035 IComplete Transit Deck & auto holding for use 4040 ! Complete commuter retail building 4050 ! Sinclair Landing commercial dev construction 5000 ; Start operations from new BTC POF facility 5015 '. Slat1 operations al Transit Deck & holding 5020 ;Open Commuler Retail building 5030 . Open Sinclair Landing commercial development JO5DEC97 * 17APR98 06APR98 * 24APR98 02FEB98 ' i 15MAY98 ' 15MAY98 28OCT97 * 31DEC98 02MAR98 * 30SEP98 ~ Finalize BTC Scope Design & design review ~ Prepare BTC proposal & ACA estimates ~ Finalize BTC contracts ~ Notice to proceed w/BTC design & conslruction Commercial development planning & leasing L. ./Design for commercial development 24NOV97 ° 24NOVg7 16JAN98 ' 30APR98 06APR98 * 15MAY98 16MAR98 * 15JUN98 26MAY98 * 04AUG98 Obtain FONSI from FTA ~ Shoreline permit approval ~ BTC foundation permit ~ Fisheries closure for in-water work ~ Commuter retail building permit 90d101DEC97 ' 07APR98 ~ KT acquisition of Books, Ander & Whlhse 75d J02FE§§~T ~§ ~ KT lenanl relocations (if required) ~d-]'~'(5~-¥~ ~"~.~ .... ~;~ City acquisition of Triangle ~ l~'~'~)~ ;-'l ~ ~'[J~'~ -- ~ Triangle tenanl relocations (if required) ' '-§~'~1] i 1A0~'~-; ]~9~- - ~ Triangle bldg haz-mat & demolition 200d ]~-~-U-L98 * '~'.~PRg9--' ............... ~_: .................. ~,*~)~(~i~i -~[~l~r~r~t' ~'~1~-~; ~-~qt~i's~t-i~ ................. 22MAY98' 22MAY98 18MAY98 ° 15SEP98 18MAY98 ' 24NOV98 18MAY98 ' 18JAN99 27MAY98 * 18JAN99 18MAY98 ' 07APR99 16SEP98 ' 01APR99 ' 3tAUG00 ~ Groundbreaking & 'start BTC work on site ~ Complete BTC Commuter Retail pad for const z~ / Complete BTC POF facility for use L. ./Complete Terminal bldg for use L. / Complete WSF overhead loading project L. / Complete Transit Deck & auto holding for use ~ Complete commuter retail building L. . Sinclair Landing commercial Start operations from new BTC POF facility T~ Start operations at new BTC Terminal & OHL ~ Stad operations al Transit Deck & holding ~ Open Commuter Retail building · , Open Sinclair Landing corn General Developmen{ Schedule Sinclair Landing Project 02 Feb ~ Sinclair Landing Association IJAct, n I ' ' DescrlpUon ' * IDurJOdg Early_qtarf Klni=hEarly 1997J 1998 I 1999, I 2OO0 I.. ':' I · _ ........... _E.~.._LF__N._~_~/J_~_._~_..~. ~_F._ID_~_J:_ .N_~_.N_.~_IJ..~P_ .P_.. I100~~__ _9_7_' _04DEC9__7 ~Revise BTC plan to match budget ~ Joint KT/WSFIPoR/HSW design review mtg 1 1 1005_~Policy Group approval of cost reduction plan 1007 1009 J Finalize PDA contract terms & schedule 1010 IStart revised Scope Design drawings & specs 1013 i018 I KTNVSF/Port revised Scope Design review #A I Joint KT/WSF/PoR~ISW design review mtg 2 1020 I Complete revised SD drwgs & specs 1023 !Pre-estimate management re-cap mtg #3 1025 I KT/WSF/Port revised Scope Design review #B 10.___~28_ .... _~prepare H_S_W_ & C3MG cost estimates 1035 I Joint KTANSF/PoR/HSW design review mtg 4 ~ i Finalize contract price 1050 !Notice to proceed with design & construction 2007 i FTA Letter of No Prejudice for project funding 2010 'Shore ne perm t approval 13JAN98* 13JAN98 14JAN98 ' 06FEB98 02FEB98 * 20MAR98 09FEB98 *. 06MAR98 23FEB98 ' O6MAR98 06MAR98 ° ' 06MAR98 09MAR98 * 03APR98 01APR98 ' 01APR98 OOAPR98' 17APR98 06APR98 * 24APR98 17APR98 * 17APR98 27APR98* 15MAY98 15MAY98 ' 15MAY98 27FEB98 30APR98 Policy Group approval of cost reduction plan ~[7 Set final Scope Design tasks & costs ~ Finalize PDA contract terms & schedule ~ Start revised Scope Design drawings & specs Z~7 KTNVSF/Port revised Scope Design review #A ~ Joint K'r/WSFIPo~HSW design review mlg 2 ZI117 Complete' revised SD drwgs & specs ]~ Pre-estimate management re-cap mlg #3 Z~7 KT/WSF/Port revised Scope Design review #B ZII;;7 Prepare Hew & C3MG cost estimates Z~ Joint KT/WSFIPort/HSW design review m!g 4 Z31;7 Finalize contract price Z~ Notice to proceed with design & construction 2020 i DCD design review 2030 i Foundation permit for pier & Terminal I K'T purchase of Books. Ander & Whlhse 3020 , KT tenant relocations (if required) _3030 City purchase & relocations for Triangle Triangle bldg haz-mat & demolition Ild127FEB98: 75d 116JAN98 * 20d I'~ ~'~'~-; 30d J'O~'~; 09MAR98 15MAY98 01DEC97 * 07APR98 02FEB98' 15MAY98 28OCT97 * 10AUG98 11AUG98* 29SEP98 --J Z[ FTA Letter of No Prejudice for project funding ~ Shoreline permit approval ~ DCD design review ~ Foundation permit for pier & Terminal ~ KT purchase of Books. Ander & Whlhse ~ KT tenant relocations (if required) , purchase & relocations for Triangle ~ Triangle bldg haz-mat & demolition 4000 ~Groundbreaking & star work on site I ld 22MAY98 * 22MAY98 ~ Groundbreaking & star work on si(e ~'~' ' Co~-~'~-~'~ ~)~F--~'~'i~,-f-~se 1~4a '~ ~]~ .... L.. / Complete new POF facility for use ~ .... ~j&~'~u{~ ~ ~'~onst ~ ~A~ ;~~- ~ Complete Commuter Retail pad for const ~--~~?~%~ for use J~d ~;_~8T~-- ~. / Complete Te~inal bldg for use 4040 ~Complete Phase ~B auto holding area for use l_~7_d ~;~ ~A~ .................. ~'. ........................ : :; ~ ~ ~ ~b~b'hbidihg' ~&~ f~ ~ ....... ~ "' I ~'~ip~ement ~aciJities ~o~si ................... ~'~d ~0~ ;/1~A~9~ ~ PS NS relpa~ment facilities const ~'-- -~ ~ ~'{~ ~J~ ~a~i~ J 65d ~ ~ ~' ' ~ Phase C loll plaza const (targel) 5010 ]Close pad of 1st at Dock & discontinue pa~ing ld 22MAY98 ' 22MAY98 ~ Close pad of 1st at Dock & discontinue parking 5015 WSF use ~ 2 only & const OHL al Slip I 163d ~ ;-' ~ - z. .,'WSF use Slip 2 only & const OHL al Slip 1 O.... 210~ Bmmedon T~nspo~allon Center r~ ~ ~A ~ Reviled Ore.law Schedule Descdpflon _57_2_0 ..IAu. I.°. !e__r..~ .p_as.se,_g.er loading over Slip 2 5025 i Close City parking lot for use as temp terminal Use temporary terminal at City prkg lot Use temporary POF boarding "barge" Close public access to 1st St Dock & breakwater Use new POF facility & reopen breakwater Use 1st St from Pacific for auto holding Use new Terminal bldg & WSF OHL ramp Use completed auto holding area Use new Transit Deck 6030 I Start operations from new POF facilib/ Start operations at new Terminal & WSF OHL ramp operations at new Transit Deck 6080 I Relocate PSNS functions 7010 I Commercial development planning & leasing 7020 Design for commercial development 7030 ! Commuter retail building permit 7040 J Commercial development property acquisition 7050 J Complete commuter retail building const 7060 I Sinclair Landing commercial dev construction Early Early Start Finish 27MAY98 * 5JAN99 08JUN98 * 4APR99 23JUN98 * 06APR99 26AUG98 * 23NOV98 27AUG98 * 23NOV98 24NOV98 * 24NOV98 05JAN99 * 06APR99 18JAN99 * 18JAN99 07APR99 o 07APR98 * 07APR98 24NOV98 * 24NOV98 18JAN99 ' 18JAN99 07APR99 * 07APR99 18MAR99 * 31 MAR99 28OCT97.* 31DEC98 02MAR98 * 30SEP98 26MAY98 * 04AUG98 01JUL98 ' 13^PR99 16SEP98 * llDEC98 01APR99 ° 31AUG00 / Use temporary terminal at City prkg lot Z3~;7 Use temporary POF boarding "barge" z3~;7 Close public access to 1st St Dock & breakwater T~ Use new POF facility & reopen breakwater Z3~7 Use 1st St from Pacific for auto holding ~ Use new Terminal bldg & WSF OHL ramp ~ Use completed auto holding area Use new Transit Deck Auto ferry passenger loading over Slip 2 / Close City parking lot for use as temp terminal Slart operations from new POF facility Start operations at new Terminal & WSF OHL ramp Z~ Start operations at new Transit Deck Z~' Relocate PSNS functions / Commercial development planning & leasing / Design for commercial development Z3~;7 Commuter retail building permit L. "/ Commercial development property acquisition ~ Complete commuter retail building const _ _ Sinclair Bmmertofl Transportation Center Revised Over~ew Schedule O~ Feb ~! DRAFT Exhibit I Bremerton Transportation Center 'Revised 12 Aug 97 Quality Assurance Plan The Parties agree to the following approaches to design review, quality assurance and quality control during Project delivery: 1. A design review work group consisting of representatives of Howard S. Wright Construction Co. (HSWCC), Sinclair Landing Association (SI_A), Kitsap Transit (KT), Washington State Ferries (WSF), the City of Bremerton (City), the Port of Bremerton (Port) as needed shall continue to review & approve the design of the Project.. At appropriate intervals and at completion of the design for building permit and right-of-way permit, HSWCC shall obtain formal review and approval of the design from KT which shall include review and approval on behalf of WSF, City and the Port after consulting with them. Approved design documents to be used for construction shall be referenced in agreements between the parties. 2. HSVVCC shall utilize a peer review process to check critical planning, code, engineering and detailing aspects of the design. 3. Design documents shall be submitted to the City and other agencies for the process of permit review and the granting of building permits as established by applicable codes. 4. HSWCC shall prepare a quality assurance & commissioning plan for the work. The plan shall be reviewed by SLA, KT, WSF, Port, and the City. On acceptance, the plan shall be utilized by 'HSWCC for managing the quality and commissioning of the work. 5. HSWCC shall manage and monitor all direct and subcontracted work in progress to ensure agreed quality standards are being maintained. Construction operation planning, shall address quality assurance and control issues with suitable documentation provided to assist with follow through inspection and testing. 6. As the Interim Owner, SLA shall utilize a qualified independent testing & inspection firm to provide overall on-site quality inspection & record keeping. HSWCC shall coordinate all testing and inspection for the Project even though some testing and inspection will be performed by the testing & inspection firm and others as provided in the quality assurance plan. City inspection requirements and the use of City, State or other agency inspectors shall be in accordance with applicable building codes. Full documentation of testing & inspection operations shall be maintained and the information and records shall be distributed to the SI_A Owner's Representative and ali other interested parties. 7. Construction operations including testing, inspection and commissioning shall be open for overview and monitoring by Si_A, City, KT, VVSF and Port representatives. Coordination of any comments or issues shall be through the SLA Owner's Representative and the primary testin, g & inspection firm. Visitors to the Project for these purposes shall check in with the SLA 'Owner's Representative and the HSWCC Project Superintendent and observe all Project safety standards. Bremerton Transportab~.., Center Quality Assurance Plan --Revised 12 Aug 97 Page 2 8. Pre-occupancy "punch list" inspections shall be made by HSWCC, SLA and representatives of the agencies which will occupy and/or operate that part of the Project. Corrections will be made and documented with follow up inspection as necessary. Visitors to the Project for these purposes shall check in with the SLA Owner's Representative and the HSWCC Project Superintendent and observe all Project safety standards. 9. HSWCC shall provide a warranty for all parts of the work as provided in the Project Delivery Agreement with SLA. HSWCC shall make warranty period corrections as may be required. If equipment is replaced as the result of warranty corrections, a new warranty shall be provided. Bremerton Transportation Center Revised 12 Aug 97 Construction Management & Operations Plan The Parties agree to the following approaches to management of the construction and continuing operations during the construction phases of the Project: 1. Howard S. Wright Construction Co. (HSWCC) shall be the Construction Manager with · overall responsibility for construction operations acting as a general contractor. HSWCC has primary responsibility for coordinating all Project work with existing and continuing transportation operations of the other Parties in the vicinity of the Project. HSWCC shall have an on-site Project Manager to act in its behalf and for coordination & administration of all work. The Project Manager shall be supported with jobsite staff for supervision, quality, safety, engineering, accounting & administration as required. Project operations shall be characterized by direct problem solving & minimum reaction time. 2. Sinclair Landing Association (SLA) as the Interim Owner of Project improvements shall have an Owner's Representative to act in its behalf and for coordination and administration of the work. 3. Kitsap Transit (KT)shall be the Lead Agency for the Project, and represent the interests of Washington State Ferries (WSF), the Port of Bremerton (Port) and the City of Bremerton (City) in the administration of the Project Agreements with SLA & HSWCC. KT shall designate an Agency Project Manager and Chair of the Agency Oversight Committee (AOC) to act in its behalf and for day-to-day coordination and administration. KT shall act as a clearinghouse to manage various agency user issues consistent with the level of authority provided in the inter- agency agreements. KT shall interface with SLA for contract issues and interface with SLA and HSWCC for coordination of the work. 4. The Parties .agree to maintain the existing level of service for transportation operations at the Project site to ensure the public is provided needed services during the construction of the Project. Construction phasing and safety requirements will cause changes in the way these services are accommodated and provided. 5. To facilitate the Project, a Site OperatiOns Management Team shall be formed to address day-to-day Project coordination continuing operation issues, safety, and emergency response. The Site Operations Management Team shall include the following members, as needed: SLA Owner's Representative HSWCC Project Manager & Project Superintendent KT Bremerton Facility Manager WSF rePresentative (construction agent) WSF Bremerton terminal operations agent KT Road Supervisor & Customer Service Supervisor City public works department representative (as needed) City building official representative Port representative 7/ Bremerton Transportati0n'' Center Construction Management & Operations Plan -'Revised 12 Aug 97 Page 2 Public information manager from the SLA Owner's Representative staff Representative from the contractor for the WSF overhead loading project Other specialists brought to meetings by regular Team on an as-needed basis The Site Operations Management Team shall hold regular meetings for planning, coordination and problem solving. The meetings shall, be chaired by the Owner's Representative. The Team shall create a communications plan including emergency & home phone numbers. The Team shall be capable of rapid response. The Team shall utilize the public information program for the Project for communicating Project conditions effecting the public. Issues not resolved by the Team shall be referred to the Project Policy Group for action as may be needed. 6. Construction Management shall include advance planning with prior review & agreement from all affected Parties. Such work includes: Design & scope of the Project work Phasing & temporary operations plans Schedule Temporary facilities & provisions for temporary operations Emergency / alternate operations plans Construction safety plan Facility security plan during construction Quality assurance plan Communications plan Communications tree with involvement lines noted for various issues Public relations & public information plan Provisions for changes & unforeseen conditions Contract agreements Groundbreaking ceremony 7.. Responsibility for site operations during Project construction shall be as follows: HSWCC shall be responsible for all construction operations and for protecting the public, public agency employees and its workers from harm and delays/inconveniences (including delays/inconveniences to transportation, routing & customer service) as the result of its · operations. This shall include the provision of adequate temporary facilities and protection in construction areas to accommodate the public and public agency employees for ongoing ferry and transit operations and appropriate public access. HSWCC shall be responsible for Project buildings and facilities in the process of demolition, modification or construction. WSF shall be responsible for its overhead loading project. WSF shall also be responsible for all public ferry system operations including passenger and vehicle waiting/holding, unloading and loading, vessel movements, and related activities. KT shall be responsible for all public transit operations including passenger waiting, unloading and loading, vehicle movements, and related activities. The Port shall be responsible for private ferry and marina operations. As provided in applicable operations and maintenance agreements, the user agencies shall be responsible for managing and operating buildings and facilities once they are occupied and/or put in service to support occupancy. Exhibit J BTC Project Management Proposed Organization Kltsap Transit Board SLA Board & Partner Agency's Governing Board BTC Policy Group Hayes(KT)", McCarthy(WSF)*, Cowan(WSDOT) Brandenburg'(Port), Schrader(County) HSWCC, TCG, Sawyer(Facilitator) ILead Agency Kitsap Transit I I A§en¢~ O~'~lght Commlttea Wendy Clark(KT)', Chair Leonard Srnith(WSF)',Randy Witt(City) Ken Attebery(Porl)', HSWCC Project Director Agency Project Manager J HswcC'Prolect Manager,.3 Project Delivery Work Group. IConstruction Communication Group ISite Operations Management Team Project Records Coordinator QA & Testing Consultant C3MG (Estimating) On Call Profeasional Servlcea Voting Member 7.2 DISCUSSION DRAFT 11 ~22~96 BTC Project DeliverF Project Management Position Descriptions BTC Policy C~roup. Membership: Dick Hayes, Kitsap Transit Terry McCarthy,WSF Bob Cowan, WSDOT Lynn Horton, Bremerton Dick Brandenberg, Port Mary McClure, SLA. Responsibilities: · Provide policy guidance to all aspects of project development, construction and commissioning. · · Authorize the use of contingency funds for any change order in excess of $75,000 or when cummulative change orders exceed 75% of $825.000. · Resolve any conflicts or issues concerning any aspect of project delivery that cannot be settled by the Agency Oversight Committee. Provide leadership within their respective agencies for review, approval a.nd execution of all project agreements. · Work cooperatively to secure any additional funding required for delivery of the. BTC. Lead Agency Kitsap Transit Responsibilities: Provide .overall project ~oordination to: · Complete design of the BTC · Secure all necessary permits and approvals · Secure funding to retire SLA debt · Establish the guaranteed maximun price · Execute a project, delivery agreement with SLA · Ensure that the facility operating needs of each agency are met. · Establish agency project management and speciality staff for onsite ' construction coordination and change order review. · Ensure that all commissioning and warranty work is completed and that the completed facility is acceptable to all operating agencies. Agency Oversight Committee Membership: Wendy Clark, 'Kitsap Transit-Chair Leonard Smith, WSF Page 1 DISCUSSION DRAFT 11/22/96 Randy Witt, Bremerton Ken Attebery, Port Responsibilities: Review and coordinate all aspects of project design, delivery and commissioning including: · Completion of the detailed design for the facility · Review and recommend cost reduction plans to ensure required functionality within the project-budget · Review, evaluate and recommend approval or rejection of all change orders · ' Review and approval of any changes to the project phasing plan (This is somewhat redundant to the one just above but seems important enough to get a separate billing) · Ensure uninterrupted operation of all ferry and transit operations during all phases of construction. · Ensure that rider disruption during construction is minimized and that rider needs are addressed. · Receive regular reports on project progress and alert the Policy Group of any significant deviations. · Coordinate internal agency resources during all aspects of design, construction and commissioning. · Receive, review and take necessary action on all quality control and inspection reports. /igeney ltpectalty 8taff Membership: Glenn Mulkey, WSF South Regional Terminals Manager,WSF Terminal Maintenance Engineer, WSF Terminal Agent, C3MG, Inc(cost estimator) and others as necessary Responsibilities: .Provide counsel and assistance to the Agency Oversight Committee as necessary for specific elements of project design or construction including but not limited to: · Operations requirements · Engineering, design, cost estimating and inspection expertise · Equipment selection · Permit or approvals Project Delivery Work Group Membership: Same as current group Page 2 DISCUSSION 11122196 DRAFT Responsibilities: The Project Delivery Work Group will remain intact and will convene at the Agency Oversight Committee's request to address, evolving needs, agency coordination, construction phasing, ongoing construction management and change order review. Agencies' Project Manager Dan Miller, Bremerton Public Works Department Responsibilities: The Agency's Project Manager will be responsible for daily on site management of all aspects of the project through construction and commissioning. This will involve: · Daily progress review with HSWCC and appropriate communication and action follow up with the Agency Oversight Committee and agency specilaity staff. · Daily coordination with each agency's operating supervisor. · Timely identification and management of any construction development that may impact operations of the KT, WSF or the Port. · Timely notification of the public information officers in each agency when any construction event will impact riders. · Constant attention to overall project safety and risk management for the agencies. · Regular progress reporting to the Agency Oversight Committee and the Project Delivery Work Group. · Early identification of any situation that may precipitate a change order and evaluation of all proposed change orders including provision of recommendations to the Agency Oversight Committee. · Implementation and management of the Quality Assurance and Insp~ction Plan and reporting of results. · Negotiation of costs and other terms of all approved change orders. P~e 3 11/19/96 Proposed BTC · Change Order Process 1.0 Initiate CO Request Agencies or HSWCC 2.0 CO Review Agency Project Manager HSWCC Agencies over $75,00 nder $75,000 X 3.05 ^pproved~ 3.02 Policy Group '~i Negotiate CO Approval To HSWCC~.. 1.0 DISCUSSION DRAFT 2IS/98 Brexnerton Transportation Center Change Order Process Initiate Change Order Request 1.01 A change order request may be initiated by: one or both of the two operating agencies(Kitsap Transit and Washington State Ferries the Port the agency's project manager/owners representative HSWCC Sinclair Landing Association 1.02 change order may be deemed necessary when: a change in requirements, criteria or performance is identified that causes .the design or the method of construction to be changed a change in the project phasing, construction plan or agreement term that may cause either of the operating agencies or the contractor to incur additional costs which includes disturbance of agency operations. at the Agency Project Manager's discretion a field order proposed by HSWCC may be converted to a change order. 1.03 All change order requests will be in a form agreed to by the Agency Oversight Committee before construction begins and will include: · . A description of the requested changes · A discussion of the requirement that has triggered the change order including identification of the agency or agencies requesting the change and a brief description of the benefits and impacts to each agency · Identification of any timing concerns or interdependencies between the change and any other aspect or component of the project · An preliminary estimate of the likely construction cost associated with the change order. A proposed change order may result in either an increase or reduction in contruction costs. · A discussion of the proposed method of payment for the change order: 5% Contingency Fund Page l 7Y DISCUSSION DRAFT 2~5/98 Agency direct payment HSWCC 2.0 Change Order Request Review 2.01 All change orders will be routed through the agency project manager for quality assurance and distribution. The Agency Oversight Committee shall be the forum for preparation of the Change Order Evaluation Report. The following parties wili review all change order requests: The two operating agencies the Port the agency project manager HSWCC 2.02 2.03 2.04 HSWCC will be asked to provide a cost estimate for increases or decreases in construction cost attributable to proposed change order requests. The members of the Agency Oversight Committee shall take responsibility for the review and evaluation of change requests in their agency and shall provide the Agency Oversight Committee with the results of their internal evaluation. This will include making submitting requests for additional information. The Agency Oversight Committee shall meet as necessary to consider all change order requests and shall issue an evaluation report for each change order request addressing · the following topics: A cost estimate for the change order provided by an' independent estimator A discussion .of the nature and magnitude of the impacts to the agencies of proceeding .or not proceeding with the requested change order. An e~,aluation of the benefits acruing from the change and an estimation of the relative benefits/impacts to the agencies participating in funding the facility. Recommendations regarding the use of the 5% contingency fund for payment of change order costs. A proposed distribution of the cost of the change order if the costs will not be covered by the contingency fund including estimation of common and agency unique .costs if appropriate. Page2 /3 ~ 77 DISCUSSION DRAFT 215/98 An approval or rejection recommendation for the change order request. 3.0 Change Order Approval 3.01 The Agency Oversight Committee shall have the authority to approve and implement all change orders under $75,000 up to 75% or $825,000 of the 5% Contingency Fund. Once 75% of the Contigency Fund is committed the Policy Group shall be notified and shall convene to determine if additional contingency funds will be collected and to establish new approval limits. 3.02 All change orders request under $75,000 will be approved without referral to the Policy Group if the funding agencies concur that the change should be made. Once approved the Agency Oversight Committee or their representative will negotiate the costs and terms of the change order with HSWCC. 3.03 An agency can always appeal the decision of the Agency Oversight Committee on change orders under $75,000 to the Policy Group. 3.04 All change order requests over $75,000 will be submitted with an Agency Oversight Committee report and recommendation to the Policy Committee. 3.05 The Policy Committee shall convene to consider all change order requests over $75,000 and any disputed change orders under $75,000. Members of the Policy Committee will receive a copy of the change order evaluation report at least two days prior to any meeting held to consider the request or to any request for a decision. Change orders may be approved by an polling of the members of the Policy Committee. If the change order evaluation report recommends approval and the chair of the Oversight Committee may choose to poll the members of the Policy Group to determine whether a meeting is required to approve the change order request. 4.0 Agency Unique Change Orders 4.01 An agency may desire to make a change solely for their advantage to their own or common elements of the BTC that either increases the cost of the project or impacts the timing of the project. In the case of a such an agency unique change order that either increases the construction cost or adversely impacts the construction schedule in any Page3 /3? ?o 5.0 DIS'CUSSION DRAFT 9./s/9s way, the requesting agency will bear all of the costs associated with the change order including but not limited to direct design or construction costs, additional rider mitigation costs and disruption or mitigation costs to any of the other participating agencies who are impacted. Change Order Reporting 5.01 Change order activity and status will be reported to the BTC Policy Group and the participating agencies on a regular basis such as monthly or quarterly. Such reporting will include: An accounting of and description of all change orders under $75,000 that have been approved by the Agency Oversight Committee. A summary and accounting of all change order activity since the last periodic report including a project to date summary of change order expenditures. A reporting of the unencumbered contingency fund including a qualitative estimate of the percentage of project completion that will be useful in measuring the sufficiency of the contingency fund balance. Page4 /4~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution .~¢'~ '7 1999 - 2004 Six-Year Transportation Improvement Plan FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: September 2, 1998 Public Works & Utilities Randy Witt, City Engineer August 6, 1998 2. CLEARANCES: (comment on ba~kfff~..._. , 3. ~ Director, Public Works/Utilities p4~ / g./ a. Summary Sheet City Attorney ~~/~2~. 4~,.~i4..~ ~ Six-Year Plan City Treasurer '~,. tXXw..~q ~ ~. Resolution Council Budget & Finance Committo~ %~~~~~7 Operations Committee ~_...c-~ . Purchasing Agent .~5.~% .~4X~_ ~ ~q-ooRs~ffr 5X rrqvov,~t~r~oN ~vROVD BY COUNCm n~sm~rr FCm StmM~vrxu: &. COUNCIL PRESn) m 4. STaXEm m OUI m NT Cot*cra ACTIOn: The Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Department of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Resolution and will be submitted to Washington State Department of Transportation. 8. RECOMMENDATION: The City Council adopt the attached Resolution No.,,~'7'approving the City's 1999 - 2004 Six Year Transportation Improvement Program and direct the Mayor to forward the resolution and plan to the Department of Transportation, Local Programs Office. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO: ~° ] 6/7 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RI~$OURCES: Annual adoption of a Six-Year Transportation Improvement Plan for the city is required by State law and is a requirement to receive certain State and Federal Transportation funds. Non-passage would violate the law and jeopardize funding. 7. RESEARCH SOURCES None, except as discussed above. sk/98309 RESOLUTION NO. ~$/~ 7 1999 - 2004 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN WHEREAS, THE CITY OF BREMERTON, has reviewed the work accomplished under its Comprehensive Arterial Street Construction Program and determined current City Street Needs, and WHEREAS, the City Council caused to be prepared a revised and extended Six-Year Transportation Improvement Plan for the period January 1, 1999 to December 31, 2004, and after public hearing thereon approved the same at such heating August 12, 1998 now therefore, BE IT RESOLVED, that the revised and extended Six-Year Transportation Improvement Plan 1999 - 2004 attached hereto as Exhibit A and Schedule is hereby adopted as the revised and extended Six-Year Transportation Improvement Plan for the period January 1, 1999 to December 31, 2000. PASSED by the City Council of the City of Bremerton this ~ day of ,1998. DAVID FARR, Council President APPROVED this __ day of ,1998. ATTEST: LYNN S. HORTON, Mayor KATHLEEN L. MCCLUSKY, City Clerk Approved as to Form: GLENNA MALANCA, City Attorney skJ98309 1999-2004 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM SUMMARY 1. Kitsap Way Street Improvements - This project is near completion and has been deleted from the six-year plan. Arsenal Way/Patton Avenue Improvement - This future project is an addition to the six-year plan. This project includes road widening, realignment, sidewalks, and lighting improvements from Lafayette Avenue to Loxie Eagans Boulevard. This project is to improve safety and capacity in the corridor. Traffic in the corridor is expected to increase with the construction of the SR 304 project. Design is tentatively scheduled for 2000 with construction in 2002. Washington State Department of Transportation Agency Bremerton County No. 18 City No. 01i5 MPO PSRC Page 1 Six Year Transportation Improvement Program From 1090 to 2004 Hearing Date. Adoption Date Resolution No. A.B. BridgeFederaINo.Aid No. J ~. ~ ~ Fund .......... Source Information Expenditure Schedule Projects Only C. Project Title~ =e ~ Federai ~t~ii~- ....... ,r- ............ (LocalAgency) D. Str~County Road Name or Number ~ ~ ~ Phase Ced~ai ~e~J State ......... ~ ~t~-- =nv,r. Date E. Terminal Beginning and End E ~ Project Sta~ Fund Cost by Fund State Lo~l Total . . ~ Required - ~ = Phase (m~) Code Phase Code Funds Funds Funds 1st 2nd 3rd Thru F. Descdbe Work to be Done Ty~ (M~ 6th ~ ..... j ~ ] ~ 6 ? ~ 9 10 ~ 11 1~- 1~ 14 15 16 ~7 18 19 20 21 Gorst to Bremedon Fer~ Terminal I RW~ 1/1/98 STP(C) 4912 TIA 2455 ~ 12485 40~ Yes 06 S CN 711198 STP(U) 1~ TIA 385 525 1~5 385 j 07 T PE 611197 STP 675 TIA 851 2051 5~ 5~ 250 SR3/SR304 Gorst to Bremedon Fe~ Te~inal 04 G 5/1/99 [ 02 C HOV Improve~nt~Re~nstmction of the SR3~ Corridor W ~otals 10202 7098 3283 20583 7~7 25~ 250 3 Phases in P~ject 01 P 0,8/ [ ~ RW 1/1/99 UATA 2~ 1~ 1741 05 J S CN ~ 4/1/99 UATA 895 1132 20271 2027 Yes West Hills Commercia~erner Co~idor improvements 12 ~ T Wemer, Keen, Auto Center Way, Rodgers [ 07 I ~ W 1/1/99 Werner Rd to Rodgers St., Keen St to Auto Center 06 ,~ G Improvements to Street include widening, a~ss ~ntrol, [ Totals 2 Phases in P~ject 05 ~E ] 11112000 [ ~ 250] ] 25 225 No Auto Center Way improvements I 07 Auto Center Way SR 3 on-ramp to Bruen Ave Roadway light ng mprovements on Auto Center Way ~0-~JS .... 250 30 280 30 250 1 Phases in Pmject ~ J p ~ ~ PE ~ 7~/9~ f .o SR303 Major Investment Study ~ ¢ SR303 ¢ . ~ SR 304 to SR3, Bremedon to Silverdale ' I1 Address LOS on SR 303 , T~t~ls 400 400 800 30 -- Washington State Department of Transportation Agency Bremerton County No. 18 City No, 0115 MPO PSRC Project Identification A. FederalAid No. B. Bridge No. 16 I 5 ~,- 16 6 02 7 C. Project Title D. Street/County Road Name or Number E. Terminal Beginning and End F. Describe Work to be Done 2 Phases in Project Arsenal Way/Patton Ave Improvements Arsenal Way and Patton Ave LaFayette Ave to Loxie Eagans Blvd Road realignment/widening/sidewalks/lighting I Phases in Project Miscellaneous (Local Program Support) City wide City wide Projects to improve safety & operations I Phases in Project Construct Warren Avenue Off Ramp Warren Avenue Sheridan Ave. & Callahan Dr. Future project for access considerations Page 2 Project Costs In Thousands of Dollars Six Year Transportation Improvement Program From 1999 to 2004 Hearing Date Adoption Date Resolution No, Federally Funded Expenditure Schedule Projects Only 05 P 06 O7 O7 P 06 12 01 P .21 T Fund SOurce Information =o Federal Funding - ! (Local Agency) ~ ~roject Phase iIl~ederai~_~ ~ed~J State '-1st 2nd 3rd Thru4t~- = Start J Fund {Costby Fund State Local Total hj Code 6th ~ P se (mm/dd/yyyy) Code ~ Phase Funds Funds Funds ~7 ~ '['-~0 / 12 1,~ ..... 1~ ~,~- - '1~ / 17 ~§- '~ i~ r CN i 1/1/2002 400 400 400 No ...Totals.____ ~'' 400 ~o ~5~o- ......... ~ 4001 G No P T Totals 900 900 15o 150 150 450 PE I I ! I 3OI 301 I I I 3(3 i Yes Totals ............. 3~-- 30 30 ~nvir. ~/VV Required Date Type (MM/Y~ ~0' 2i