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Contract Number 3980
WASHINGTON STATE FERRIES/KITSAP TRANSIT GCA 1580
Funding - Transportation Center Pass Through
Engineering
GOV File Class LEG 12-1
$2735216.00
12/15/1998
06/30/2004
02/15/2006
GL $
AL $
E&O $
Insurance Total $
Insurance Review Date
Supplement #1-3/99 #2-1/01 #3-2/04
VAULT 01/01/2006
~7--J Washington State
Department of Transportation Agreement Edit Information
Return this form and executed agreement to Comptroller's Office - General Accounting
AGENCY LOCAL AGENCY NUMBER IF APPLICABLE AGREEMENT NUMBER SUPP'E.E .O.
Marine N/A GCA 1580 3
CONTRACTOR NAME AND ADDRESS AGREEMENT MANAGER REGION
City of Bremerton Tim McGuigan Marine
239 4th St.
Bremerton, WA 98337 CRC. CODE / ALL REPORTS WILL BE SENT TO THIS ORG.
Atm: GlennaMalanca, City Attorney 365410~ NO.
Phone: 360.478.5345
START DATE VOUCHERS WILL NOT BE PAID FOR
3rd Party: Kitsap Transit 12/18/1998 WORK PERFORMED BEFORE THIS DATE.
FEDERAL EMP. iD NO. OR SOC. SECURITY NO. END DATE / VOUCHERS WILL NOT BE PAID FOR
91 6001231 6/30/04X WORK PERFORMED AFTER THIS DATE.
PROJECT TITLE
Bremerton Transportation Center
Funding Pass-Through Agreement No. GCA 1580
PROJECT DESCRIPTION
Agreement provides for Washington State Ferries' financial participation n Phases A and B of
the Bremerton Transportation Center. WSF reimburses the City of Bremerton and the City reimburses Kitsap
Transit in the same amount via pass-through of WSF funds.
AN IRS 1099 MUST BE PREPARED BY THE VOUCHERS WILL NOT BE PAID IF THE TOTAL
FOLLOWING DEPARTMENT FOR THE AMOUNT ACCUMULATED FOR THIS
FOLLOWING SERVICES AGREEMENT EXCEEDS THE AGREEMENT
AMOUNT PLUS THE OVERRUN PERCENT.
All fees, commissions, or any other compensation paid
to (or on behalf of) any self employed individual
Business or individual paid royalities or rents. REIMBURSEABLE EST. AMOUNT MAXIMUM PAYABLE AMOUNT
Physicians or corporations for medical or health services.
$0.00 $2,735,216.00
THIS AGREEMENT REQUIRES AN IRS 1099 FORM ALLOWED OVERRUN PERCENT ALLOWED OVERRUN PERCENT
YES
WORK ORDER PROGRAM APPROPRIATION OBJECT ACCOUNT PREPARER'S SIGNATURE
OL 3575 W4 A 90 C0ntracts/Lell l ~emces
FEDERAL AID PROJECT NO. DATE PHONE
N/A 2/3/2004 206.515.3601
DOT Form 130-005 EF
Revised ~
BREMERTON TRANSPORTATION CENTER
FUNDING PASS-THROUGH AGREEMENT NO. GCA 1580
SUPPLEMENT NO. 3
THIS SUPPLEMENTAL AGREEMENT is made and entered into this 19th day
of January, 2004, between WASHINGTON STATE FERRIES, a division of the
Washington State Department of Transportation (hereinafter called "WSF"), the CITY OF
BREMERTON, a municipal corporation organized under the laws of the State of
Washington (hereinafter called the "CITY"), and KITSAP TRANSIT, a Public
Transportation Benefit Area (hereinafter called "KT").
WITNESS THAT:
WHEREAS, WSF, the CITY and KITSAP TRANSIT previously entered into an
Agreement titled "Bremerton Transportation Center Funding Pass-Through Agreement No.
GCA 1580", dated December 18, 1998 (hereinafter called the "Original Agreement"); and
WHEREAS, the purpose of the Original Agreement was to implement WSF's
financial participation for Phases "A" and "B" of the BTC, by reimbursing the CITY (with
pass-through to KT) for the cost of the passenger-only ferry landing improvements and
WSF's component of the BTC terminal improvements; and
WHEREAS, the parties entered into Supplement No. I to the Original Agreement,
whereby WSF provided additional reimbursement ($552,000.00) to the CITY, and the CITY
forwarded such funds to KT pursuant to the terms of the Supplement and the Original
Agreement; and
WHEREAS, the parties entered into Supplement No. 2 to the Original Agreement,
whereby WSF provided further reimbursement ($700,000.00) to the CITY for authorized
improvements to the BTC passenger-only ferry landing, and the CITY forwarded such funds
to KT pursuant to the terms of the Supplement and the Original Agreement; and
G:WICLFY04'xlNTA\8304-1 Page I of 4 8/11/03
WHEREAS, the parties now desire to further supplement the Original Agreement in
order to provide WSF funding for structural repairs to the BTC building to correct damage
caused by the Nisqually Earthquake in February, 2001;
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein or attached and incorporated and made a part hereof, the
parties agree as follows:
EARTHQUAKE REPAIRS
With funding secured by KT and approval by WSF, Sinclair Landing Association
performed repairs to the BTC building to correct damage caused by the Nisqually Earthquake
in February, 2001. Such repairs included structural, expansion joint, masonry and cosmetic
repairs. The repairs are documented by the contractors' invoices to the CITY, copies of
which are attached hereto and incorporated herein as Exhibit A.
II.
PAYMENT
A. Supplement No. 3
Under this Supplement No. 3, WSF shall reimburse the CITY for authorized repairs
to the BTC building, as specified in Article I herein, in an amount not to exceed an
additional Thirty-five Thousand Two Hundred Sixteen Dollars ($35,216.00). Such
amount is documented by contractors' invoices to the CITY, as shown on Exhibit A.
The CITY shall submit an invoice to WSF for its financial contribution, with
supporting documentation of the full project cost. The invoice shall be sent to: Attn:
Expenditure Accountant, Washington State Ferries, 2911 2nd Ave., Seattle, WA
98121-1012. Upon receipt from WSF, the CITY shall promptly forward such
additional funds to KT pursuant to the terms of the Original Agreement.
G:WICXFY04~INTA\8304-1 Page 2 of 4 8/11/03
B. Original Agreement Plus Supplement Nos. 1, 2 and 3
WSF's reimbursement to the CITY and the CITY's corresponding reimbursement to
KT, under thc Original Agreement plus Supplement Nos. 1, 2 and 3, is increased to
Two Million Seven Hundred Thirty-five Thousand, Two Hundred Sixteen Dollars
($2,735,216.00) total, itemized as follows:
Original Agreement $1,448,000.00
Supplement No. 1 $ 552,000.00
Supplement No. 2 $ 700,000.00
Supplement No. 3 $ 35,216.00
Total: $ 2,735,216.00
III.
OTHER PROVISIONS
Except as modified previously and herein, all other terms and conditions in the
Original Agreement shall remain in full force and effect.
G:WICkFY04~INTA\8304-1 Page 3 of 4 8/11/03
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Supplemental Agreement as of the day and year first
written above.
WASHINGTON STATE FERRIES
W~tate Department of~Transportation
!~ikeThome ' / - -
Director / CEO
By:
Cary Bozeman
Mayor
KITSAP TRANSIT
Richard Hayes
Executive Director
Approved as to form for Washington State Femes:
By: /,',;~., ~ ~'/'J'~ .,,~
A~istan-t At~omey-Ge~ral
Date:
Attest~¢r~he C!~Y~Jaf/~reme _rtt~;' Attest~c itsap Transit:
By:~'~]~ff,/J~9'~.~ By: ~rk~of~he/&~~
.... / ....
Date: Date:
G:WICXFY04\INTA\8304-1 Page 4 of 4 8/11/03
EXHIBIT A
BREMERTON TRANSPORTATION CENTER
FUNDING PASS-THROUGH AGREEMENT NO. GCA 1580
SUPPLEMENT NO. 3
INVOICES FOR EARTHQUAKE REPAIRS
( Attached )
G:LMCLFY04~INTA\8304q 8/11/03
EXHIBIT A
PROJECT: Bremerton Trans,,o~tation Center. Bramerton. WA
CHANGE ORDER NO.: HSW-151 CONTRACT: Phase B - Up[ands Work
CONTRACT NO: SLA !~-1009 Date: 08/15/2(301
SUBJECT: RI~FA{R EARTHQUAKE DAMAGE {MASONRY & COSMET~C~
!! iSSUED BY: S[nclairLanding,~-'~oc./K~t~apT~n~it CONTP-; Attn: JoseVi]a
:: Bmme~ton Transportation Center Howard S. Wright Const~uct~0n Co.
ii, 200 Charleston eouleval~::[ ~.O. aox 3764
i I Bremerton, WA 98312 Sea,e, WA 98124-2264
gESCRII~rloN OF SCOPE:
Furnish labor, equipment, and material ena time and material basis to repair masonry and cosmetic
damage to the Bremerton Transportalion Center building caused by earthquake.
Note: The Owner Controlled insurance Program is no longer available. Contractor w~ll need to
provide insurance.
[As of 8/15/01 - ~is c~ange order reflects a final lump sum amount.]
A3'rA~HMENTS:
HSW Proposal ~158/Change Estimate Sumrnaw ~ 4/4/01
Dwa S~t{sl Affected: none
REASON FOR CHANGE;
Damage caused by earthquake.
THIS CHANGE [] WILL [] WILL NOT RESULT IN A CHANGE iN CONTRACT PRICE
~i COST IMPACT: $23,750.00
:1
?. [] Lump Sum [] Not-to-Exceed W~3out Author[za~Jon (C~3ntractor shall prey{de time~haef~.
i! material, and equipment invoices to subs~,nt~a[e costs).
SCHEDULE IMPACT (DAYS)
Il SIGNATURE; i SIGNATURE: .
h
URS Gminer ~r~-,.~.e~r,~, Chan~e Request HSW-151 Page 1 of 1
CHANGE ES'T1MAT~ SUMMARY
A t.~80R
PROJECT: Bremerton Tran,~oortation Center. Breme~on. WA
CHANGE ORDER NO.: HSW-152 CONTRACT: Phase B - Uoland~ Work
CONTI~ACT NO: SLA 98-1009 Data; 08/15/~.001
SUBJE~: REPAIR ~QUA~ DAMAGE ~STRUCTU~L & ~ANS[ON JOl~S~
~:~. ~SUED BY: Sinclair ~nding ~. / ~a~ Tm~t CONT~ A~: J~e ~
~1~ Bmme~n T~s~fl~ Center H~r~ S. w~ Co~ Co.
:~ Breme~n, WA ~12 ~e, WA
p -
Fum~h la~r. equipmenL and mate~al on a time and ~dal basis to repair damage ~
and exp~sion join~ a[ ~e BmmeKcn Tm~po~tion Center buiMing ~us~ by ea~quake.
Note: The Owner ~n~olled Insurance Program is ~ lenger avaiMbie. Can~r will
provide i~uran~.
[~ of 8/15101 - ~is c~ange o~er refl~ a final lump sum amounL]
ATTACHMENTS:
H~-W progcma! ~.58/Cha~ge Estimate Summary of 4/4J01
Spec Section(s) Affected: none
I~va Shee4:fsl Affected: none
REASON FOR CHANGE:
Damage caused by eart~tquake,
THIS CH.O~GE ~;~ WILL I-"] WILL NO~' RESULT IN A CHANGE IN CONTRACT PRICE
il COST'IMPACT: $11,466.00
? [] Lump Sum [] Not-to-E,~ceed Without Ault~or~a~on [Conlz-actor shall pro,~de ~mesheets,
~ material, and equipment [nvaice~ to substantiate c~sts).
ii SCHEDULE IMPAGT (OAt'S) 0
:i !' project Manager - H~/VCC
i TITLE: SLA. AOC Chair LTITLE: .....
Date:
'.i '
UR$ Grelner ~c~r~m Change F~uest HSW-I$2 Page 1 of I
TOTALTHLS CHA[t~ORDER ~-~ ~. E ORDER ~. ~- L ~.~6 !
+Browse: Next Previous First Last Update Delete Restart X - Exit +
+Retrieve the Next record +
+Found: 7 Record(s) MAINTAIN Contract Transactions +
+ Contract Number 3980 +
+ +
+Vendor Name WASHINGTON STATE FERRIES/KITSAP TRANSIT GCA 1580 +
+Subject FUNDING - TRANSPORTATION CENTER PASS THROUGH +
+Department ENGINEERING +
+Status Code GOV +
+ Amount $1448000.00 +
+ Begin Date 12/15/1998 +
+ Insurance End Date 12/31/2001 +
+ Type Amount Review Date 02/15/2004 +
+ +
+ +
+ +
+ Insurance Total $0.00 +
+ Insurance Review Date +
+ +
+ Comments VAULT 01/01/2004 +
+ +
+ +
BREMERTON TRANSPORTATION CENTER
FUNDING PASS-THROUGH AGREEMENT NO. GCA 1580
SUPPLEMENT NO. 2
THIS SUPPLEMENTAL AGREEMENT is made and emered into this 29th day
of January, 2001, between WASHINGTON STATE FERRIES, a division of the
Washington State Department of Transportation (hereinafter called "WSF"), the CITY OF
BREMERTON, a municipal corporation organized under the laws of the State of
Washington (hereinafter called the "CITY"), and KITSAP TRANSIT, a Public
Transportation Benefit Area (hereinafter called "KT").
WITNESS THAT:
WHEREAS, WSF, the CITY and KITSAP TRANSIT previously entered into an
Agreement titled "Bremerton Transportation Center Funding Pass-Through Agreement No.
GCA 1580", dated December 18, 1998 (hereinafter called the "Original Agreement"); and
WHEREAS, the purpose of the Original Agreement was to implement WSF's
financial participation for Phases "A" and "B" of the BTC, by reimbursing the CITY (with
pass-through to KT) for the cost of the passenger-only ferry landing improvements and
WSF's component of the BTC terminal improvements; and
WHEREAS, the parties entered into Supplement No. 1 to the Original Agreement,
whereby WSF provided additional reimbursement ($552,000.00) to the CITY, and the CITY
forwarded such funds to KT pursuant to the terms of the Supplement and the Original
Agreement; and
WHEREAS, the parties now desire to further supplement the Original Agreement in
order to provide WSF funding for additional passenger-only ferry landing improvements;
G:\MC~2001\INTA\3401.doc PAGE I OF 4 1/2/01
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein or attached and incorporated and made a part hereof, the
parties agree as follows:
I.
IMPROVEMENTS
With funding secured by KT, Sinclair Landing Association performed the following,
additional improvements to the BTC passenger-only ferry landing, as authorized by WSF: (i)
fender system; (ii) passenger-only landing dock cleats; and (iii) installation of the passenger-
only float formerly located in Port Gamble.
II.
PAYMENT
A. Supplement No. 2
Under this Supplement No. 2, WSF shall reimburse thc CITY for authorized
improvements to the BTC passenger-only ferry landing, as specified in Article I
herein, in an amount not to exceed an additional Seven Hundred Thousand Dollars
($700,000.00). Such payment may be reduced by a credit (deduction) pursuant to
Article II.B. of thc Original Agreement. Thc CITY shall promptly forward such
additional funds to KT pursuant to the terms of the Original Agreement.
B. Original Agreement Plus Supplement Nos. 1 and 2
WSF's reimbursement to thc CITY and thc CITY's corresponding reimbursement to
KT, under the Original Agreement plus Supplement Nos. 1 and 2, is increased to Two
Million Seven Hundred Thousand Dollars ($2,700,000.00) total, itemized as follows:
Original Agreement $1,448,000.00
Supplement No. 1: $ 552,000.00
Supplement No. 2: $ 700,000.00
Total: $2,700,000.00
G:hMC\2001\INTA~3401.doc PAGE 2 OF 4 1/2/01
IlL
OTHER PROVISIONS
Except as modified previously and herein, all other terms and conditions in the
Original Agreement shall remain in full force and effect.
G:WIC\2001\INTA\3401.doc PAGE 3 OF 4 1/2/01
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Supplemental Agreement as of the day and year first
written above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
By: Michael T~,t~iVlccarth.~,. ~ ,.q/
Acting Director
CITY OF BREMERTON
By:
Mayor
KITSAP TRANSIT
By:
Richard Hayes
Executive Director
Approved as to form for Washington State Ferries:
By: ] ,,/,~ t~.
Assistant Attorney Genera~
Date: ~4~,~ ~ ~,q/5//
Attest for the City of Bremerton: Attest for Kitg'ab T4~t.
G:WIC\2001\INTA\3401.doc PAGE 4 OF 4 1/2/01
BREMERTON TRANSPORTATION CENTER
FUNDING PASS-THROUGH AGREEMENT NO. GCA 1580
SUPPLEMENT NO. 1
THIS SUPPLEMENTAL AGREEMENT is made and entered into this 5th day of
March, 1999, between WASHINGTON STATE FERRIES, a division of the Washington
State Department of Transportation (hereinafter called "WSF"), the CITY OF
BREMERTON, a municipal corporation organized under the laws of the State of
Washington (hereinafter called the "CITY"), and KITSAP TRANSIT, a Public
Transportation Benefit Area (hereinafter called "KT").
WITNESS THAT:
WHEREAS, WSF, the CITY and KITSAP TRANSIT previously entered into an
Agreement titled "Bremerton Transportation Center Funding Pass-Through Agreement No.
GCA 1580", dated December 18, 1998 (hereinafter called the "Original Agreement"); and
WHEREAS, the purpose of the Original Agreement was to implement WSF's
financial participation for Phases "A" and "B" of the BTC, by reimbursing the CITY (with
pass-through to KT) for the cost of the passenger-only ferry landing improvements and
WSF's component of the BTC terminal improvements; and
WHEREAS, WSF desires to provide additional reimbursement to the CITY, and the
CITY desires to reimburse KT in the same amount under the terms of the Original
Agreement;
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein or attached and incorporated and made a part hereof, the
parties agree as follows:
G:\I999\INTA\9702 PAGE I OF 3 2/19/99
PAYMENT
A. Supplement No. 1
Under this Supplement No. 1, WSF shall reimburse the CITY an additional Five
Hundred and Fifty-Two Thousand Dollars ($552,000.00). The CITY shall promptly
forward such additional funds to KT pursuant to the terms of the Original Agreement.
B. Original Agreement Plus Supplement No. 1
WSF's reimbursement to the CITY and the CITY's corresponding reimbursement to
KT, under the Original Agreement plus Supplement No. 1, is increased to Two
Million Dollars ($2,000,000.00) total, itemized as follows:
Original Agreement $1,448,000.00
Supplement No. 1: $ 552,000.00
Total $2,000,000.00
II.
OTHER PROVISIONS
Except as modified herein, all other terms and conditions in the Original Agreement
shall remain in full force and effect.
G:\I999\INTA\9702 PAGE 2 OF 3 2/19/99
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Supplemental Agreement as of the day and year first
written above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
Paul Green / ~
Director
CITY OF BREMERTON
By:
Lynn Horton
Mayor
KITSAP TRANSIT
By:
Richard Hayes
Executive Director
Approved as to form for Washington State Ferries:
·
As~sl~nt (~tltomey Gen~//al O*
Date: ~'~ ~-'. [ q qq
Attest for the City of Bremerton: Attest for Kitsap Transit:
By: By:
Clerk of the Board
Date: Date:
G:\1999\INTA\9702 PAGE 3 OF 3 2/19/99
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Supplemental Agreement as of the day and year first
written above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
By:
Paul Green
Director
CITY OF BREMERTON
KITSAP TRANSIT
By:
Richard Hayes
Executive Director
Approved as to form for Washington State Ferries:
By:
Assistant Attorney General
Date:
Attest for the City of Bremerton: Attest for Kitsap Transit:
By:~ ~~ By: Clerk of the Board
Date: '~ ~ 1~ ~ Date:
G:\1999\INTA\9702 PAGE 3 OF 3 2/19/99
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Supplemental Agreement as of the day and year first
written above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
By:
Paul Green
Director
CITY OF BREMERTON
By:
Lynn Horton
Mayor
KITSAP TRANSIT
ERixC){ uart~v eHal~:~ctor
Approved as to form for Washington State Ferries:
By:
Assistant Attorney General
Date:
Attest for the City of Bremerton: Attest fo~p .Tran.~./
'Clerk of the ]~oartt
Date: Date:
G:\I999\INTA\9702 PAGE 3 OF 3 2/19/99
BREMERTON TRANSPORTATION CENTER
FUNDING PASS-THROUGH AGREEMENT NO. GCA 1580
THIS AGREEMENT is made and entered into this 18th day of December, 1998,
between WASHINGTON STATE FERRIES, a division of the Washington State
Department of Transportation (hereinafter called "WSF"), the CITY OF BREMERTON, a
municipal corporation organized under the laws of the State of Washington (hereinafter
called the "CITY"), and KITSAP TRANSIT, a Public Transportation Benefit Area
(hereinafter called "KT").
WITNESS THAT:
WHEREAS, WSF, the CITY, the Port of Bremerton, Kitsap Transit and the Sinclair
Landing Association entered into an Agreement titled "Sinclair Landing Coordination
Memorandum of Understanding For Bremerton Transportation Center Development (No.
GCA 1206), dated June 8, 1998 (hereinafter called the "MOU"); and
WHEREAS, the purpose of the MOU was to establish the parties' rights and
responsibilities as they cooperatively pursue 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") which shall include
transit and related public transportation services, passenger-only and car ferry service,
commuter retail facilities and similar features; and
WHEREAS, pursuant to the MOU, WSF desires to implement its financial
participation for Phases "A" and "B" of the BTC, by reimbursing the CITY for the cost of the
passenger-only ferry landing improvements and WSF's component of the BTC terminal
improvements, to be constructed; and
G:\1998\INTA\8716 PAGE I OF 5 11/10/98
WHEREAS, it is also necessary for the CITY to pass-on such funds to KT because
KT, as the lead agency for the project, is responsible for amassing the project funding and
making the purchase of individual project elements from the Sinclair Landing Association.
WHEREAS, KT shall apply such WSF funds towards the cost of passenger-only
ferry landing improvements and WSF's components of the BTC terminal improvements as
specified herein.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein or attached and incorporated and made a part hereof, the
parties agree as follows:
PURPOSE
A. As stated in the project MOU, WSF has been allocated funds pursuant to Laws of
1997, Chapter 457, Section 225(4) to reimburse the CITY and/or the Port of
Bremerton, 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".
B. Pursuant to the MOU, WSF now desires to reimburse the CITY in an aggregate
amount not to exceed One Million, Four Hundred and Forty-Eight Thousand Dollars
($1,448,000.00) for Phases "A" and "B" of the BTC development pursuant to the
above cited Laws, which authorized up to Three Million Dollars ($3,000,000.00) for
such purpose, pursuant to cooperative agreement(s) as authorized under RCW
47.08.070.
G:\1998\INTA\8716 PAGE 2 OF 5 11/10/98
C. Also, pursuant to the MOU, the CITY now desires to reimburse KT in the same
aggregate amount, i.e., not to exceed One Million Four Hundred and Forty-Eight
Thousand Dollars ($1,448,000.00), representing a pass-through of WSF's financial
participation in Phases "A" and "B" of the BTC development, as specified above.
II.
PAYMENT
A. Pursuant to the project MOU, and in exchange £or the scheduled construction of
various BTC improvements that WSF shall utilize as part of its ferry service on the
Seattle-Bremerton ferry route, WSF shall reimburse the CITY in an aggregate
amount not to exceed One Million, Four Hundred and Forty-Eight Thousand Dollars
($1,448,000.00) total, subject to the provisions in Paragraph B. below. Payment shall
be made within thirty (30) days after receipt of one (1) or more written invoice(s)
from the CITY. The CITY shall promptly forward such funds to KT to ensure
payment for the subject improvements, as provided herein.
B. The total amount payable by WSF pursuant to Paragraph A. above may be reduced
by a credit (deduction) £or the value of work or improvements which WSF has
contracted £or in order to £acilitate the BTC construction schedule. Such expenses
must be pre-approved by the Sinclair Landing Association and/or Kitsap Transit, as
appropriate, and fully documented. Documentation of any credit(s) shall be included
with WSF's payment to the CITY under this Agreement.
III.
LEGAL RELATIONS
No liability shall attach to WSF, the CITY or KT by reason of entering into this
Agreement, except as expressly provided herein.
G:\I998\INTA\8716 PAGE 3 OF 5 11/10/98
IV.
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 WSF, the CITY and KT 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 the County of Thurston, State of Washington.
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 or referenced herein. No modification or amendment of this Agreement shall
be valid and effective unless evidenced by an agreement in writing.
G:\1998\lNTA\8716 PAGE 4 OF 5 11/10/98
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Agreement as of the day and year first written above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
By: //)//,~
Paul ~[reen /
Director
CITY OF BREMERTON
By: (See attached)
Lynn Horton
Mayor
KITSAP TRANSIT
By: (See attached)
Richard Hayes
Executive Director
Approved as to form for Washington State Ferries:
By: Qt~J~ n~. ~//"/~, X ~, ~_
M~aom~y
Attest for the City of Bremerton: Attest for Kitsap Transit:
By: By:
Clerk of the Board
Date: Date:
G:\I998\INTA\8716 PAGE 5 OF 5 11/10/98
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Agreement as of the day and year first written above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
By: (See attached)
Paul Green
Director
CITY OF BREMERTON
Mayor
KITSAP TRANSIT
By: (See attached)
Richard Hayes
Executive Director
Approved as to form for Washington State Ferries:
By:
Assistant Attorney General
Date:
Attest for the City of Bremerton: Attest for Kitsap Transit:
By: ~K----...~_NJ,._~ ~_(0.. ~ By:
I Clerk of the Board
Date: \X~' \~ "5 ~ Date:
G:\1998\lNTA\8716 PAGE 5 OF 5 11/10/98
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Agreement as of the day and year first written above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
By: (See attached)
Paul Green
Director
CITY OF BREMERTON
By: (See attached)
Lynn Hoaon
Mayor
KITSAP TRANSIT
Richard Hayes
Executive Director
Approved as to form for Washington State Ferries:
By:
Assistant Attorney General
Date:
Attest for the City of Bremerton: Attest~ Tran.~ .
By: By: ~/ _~_~
'-Clerk of the Bo~d
Date: Date:
G:\1998\INTA\8716 PAGE 5 OF 5 11/10/98