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HomeMy WebLinkAbout9000 91?V AGENDA BILL CITY OF BREMERTON CITY COUNCIL.. SUBJECT: interlocal Agreement with KitsapStudy Session Date: January 25, 2017 County to Share Installation Costs of Lining COUNCIL MEETING Date: February 1, 2017 the Sewer Main Under State Route 3 Department: Engineering Presenter: Tom Knuckey Phone: (360)473-2376 SUMMARY: This Interlocal agreement (ILA) provides a mechanism through which the County and City share installation costs incurred by the city to install a liner in the shared sewer main. The sewer main is owned by the County, however, both jurisdictions convey wastewater through it, and the City's flow greatly exceeds the County's both in flowrate and sewer strength. The County's preferred method to replace the pipeline is to slipline it at reduced capacity; with the ILA they will contribute the estimated cost for that work to the City's cure in place project. This cost contribution is consistent with work completed in 2011 for pipe repairs downstream, and results in the County's share being $16,400 of the$58,000 construction cost Exhibit A of the ILA details the cost calculation method. ATTACHMENTS: 1) ILA FISCAL IMPACTS (Include Budgeted Amount): This work is included in the 2017 capital budget. The agreement provides$16,400 in revenue to the project. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County to share costs of lining the sewer main under State Route 3; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: .Approve ❑ Deny ❑ Table [' Continue ❑ No Action Form Updated 01/07/15 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON TO SHARE THE COST OF LINING WASTEWATER PIPING UNDER SR3 I. PREAMBLE This Interlocal Agreement (hereafter "AGREEMENT") is by and between Kitsap COUNTY (hereafter "COUNTY") whose principal offices are located at 614 Division Street, Port Orchard, WA, 98366 and the CITY of Bremerton (hereafter "CITY") whose principal offices are located at 345 6th Street, Suite 600, Bremerton, WA. II. RECITALS Whereas, the COUNTY owns and operates a 24" concrete wastewater pipeline (hereafter "Pipeline") that crosses Highway 3 at "D" Street; and Whereas, there is an existing.Interlocal agreement between the CITY and the COUNTY relating to the shared use of the Pipeline; and Whereas, the CITY discharges wastewater to the Pipeline which requires the COUNTY to provide and maintain additional flow capacity within the pipeline; and Whereas, the Pipeline is in disrepair and requires the installation of a cure-in-place liner; and Whereas, the CITY has a project planned to contract for the installation of a cure-in- place liner in the Pipeline; and Whereas, Chapter 39.34 of the Revised Code of Washington provides that local jurisdictions may enter into cooperative agreements for their mutual benefit, NOW THEREFORE, the COUNTY and the CITY, through their respective legislative bodies, do hereby agree as follows: III. AGREEMENT A. The Recitals set forth above are expressly incorporated into the Agreement by this reference. B. This AGREEMENT consists of the following documents: 1. Interlocal Agreement 2. Exhibit A: Basis of Cost Sharing C. Purpose: The purpose of the AGREEMENT is to provide a mechanism through which the COUNTY and the CITY share in the installation costs that are incurred by the CITY to install a liner in the Pipeline. D. Scope of Work: The CITY shall administer the project and provide all design, construction management, and contract administration services to provide for the cure-. in-place lining of the Pipeline. E. Reimbursement:. COUNTY shall reimburse CITY for$16,400 as its fair share contribution of costs upon presentation of a properly executed invoice. The determination of fair share cost is outlined in Exhibit A. COUNTY shall reimburse CITY within thirty (30) days of receipt of a properly executed CITY invoice. F. Ownership: Upon completion of the installation of the liner, and acceptance by the COUNTY, the liner will become the property of the COUNTY. The COUNTY will continue to,own, operate, and maintain the Pipeline. G. Indemnity: Both COUNTY and CITY shall accept responsibility for any and all liability arising from acts of its own officers, employees, agents and contractors to the extent provided by law. Additionally, each party agrees to indemnify, defend, and hold harmless the other party, and its officers, agents, and employees for all claims (including demands, suits, penalties, losses, damages or costs of any kind whatsoever) including costs, expenses and reasonable attorney's fees, to the extent such a claim arises or is caused by the indemnifying party's own negligence or that of its officers, agents, or employees in performance of this Agreement. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this Agreement. H. Amendments: The parties hereby further agree that this AGREEMENT cannot be amended or modified without the written concurrence of both parties. I. Termination: Either party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a sixty(60) day written notice of intent to terminate to the other party. J. Duration: This AGREEMENT shall commence on the date of execution, and shall remain in effect through December 31, 2017. K. Interlocal Agreement: This is an interlocal agreement entered into pursuant to the authorization of Chapter 39.34 RCW. Accordingly, the following provisions are set forth in accordance with the provisions of RCW 39.34.030. 1. No separate legal or administrative entity is created by this Agreement. 2. Each party shall separately maintain a budget for its own activities under this Agreement. 3. No administrator or joint board shall be responsible for administering the undertakings of this Agreement. 4. No joint property shall be acquired, held or disposed of. Any real or personal property used in the joint or cooperative undertaking shall be considered to be and remain the property of the party who purchased such real or personal property unless otherwise specified in this Agreement. 5. This Agreement shallbe effective when posted on the website of the County or the City in accordance with RCW 39.34. Alternatively, pursuant to RCW 39.34.040, as interlocal agreements may be recorded with the county Auditor in the county where the public agencies entering into the agreement are located, this Agreement may be recorded with the Kitsap County Auditor as soon as reasonably possible after its execution by the County and the City. L. Waiver: A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. M. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. N. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. O. Multiple Originals. This Agreement may be executed in multiple copies, each of which shall be deemed an original. P. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates hereinafter indicated. DATED f may ofrakity 2017 DATED this t day of , 2017 CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON C2 /7 Patty LenAi0 c4/41- r CHARLOTTE GARRIDO, Chair } 8 ROBERT ELD , Commissioner EDWARD E. WOLr E, Commissioner ATTEST: ATTEST: " /D711 ,1)1105 eri CITY Clerk Dana Daniels, Clerk of the Board GUi'V1a or Approved as to From: ....•. •'r- per.• C� m CITY Attorney 'gip ®�� EXHIBIT A: Estimate of Kitsap County Share of Lining 24" Concrete Pipe under SR3 The CITY plans to contract for pipe lining services in a number of locations including the Pipeline crossing SR3 at"D"Street in Bremerton. The Pipeline is owned by the COUNTY but both jurisdictions convey wastewater through this Pipeline. The Pipeline is constructed with 24 inch diameter concrete pipe which has deteriorated and is 255 feet long. The estimated cost of installing a cure-in-place liner in the Pipeline is$58,000. There was a similar shared project in 2011 which established the COUNTY share as that required to slip line an 8" pipe through the existing pipe. The 2011 estimated cost per foot to slip line an 8" pipe was$49.46/foot,excluding sales tax. Using an inflation rate of 3%the 2017 cost per foot would be$59.07/foot.The length of this section of pipe is 255 feet. Based on these costs the COUNTY fair share cost for this work is$16,400. Amounts are rounded to the nearest$100. Estimated fair share of costs. Pipe Length $/ft Cost 255 $59.07 $15,100 Sales Tax 8.70% $1,300 Total $16,400