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4237
PORT ORCHARD - CITY OF
Water System Development - Cooperative - 580 Zone
Engineering
LEG 12-1
12/26/2001
06/15/2011
Addendum #1-8/04
Review date for tracking only
ADDENDUM NO. 1 TO
INTERLOCAL AGREEMENT
For
Cooperative Water System Development
In the
Port Orchard 580 Zone / Bremerton 580 Zone
This Addendum No. 1 amends the Interlocal Agreement (the "Agreement") entered into
between the City of Bremerton, a municipal corporation, hereinafter referred to as "Bremerton,"
and the City of Port Orchard, hereinafter referred to as "Port Orchard" executed on December
26, 2001, and
WHEREAS, the parties mutually desire to modify the responsibilities of each party with
respect to the agreed upon provision of water; NOW THEREFORE
All provisions in the Agreement shall remain in full force and effect except as expressly
modified by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Agreement are as follows:
I.
1. Amend Section 4. entitled "Water Supply" as follows:
Delete the section titled "4200 Feigley Property" in its entirety and replace it with the
following;
Bremerton West 580 Zone Supply
Port Orchard agrees to supply water for domestic use and fireflow to the Bremerton West
580 pressure zone via its 16 inch water main in Old Clifton Road, until such time as a
separate Bremerton storage reservoir is constructed and operational. Fireflow
rates/volumes and service pressures supplied by Port Orchard will be a minimum of
1,700 gpm for three hours at a minimum gradient of 540 feet at the connection.
Bremerton agrees to supply water to Port Omhard, via its connection to the 16 inch Port
Orchard watermain in Clifton Road (Old Clifton Road connection), to replenish the water
supplied by Port Orchard to the Bremerton West 580 pressure zone. The water supplied
by Bremerton to Porf Orchard will be delivered at a minimum hydraulic gradient of 580.
The volume of water supplied by Port Orchard to the Bremerton West 580 pressure zone
shall be replenished by Bremerton on a continuous basis, or as otherwise agreed to.
Distribution piping, as required by the City of Bremerton, will be extended by others
from Port Orchard's water main in Old Clifton Road. Connection locations and details
require approval from the City of Port Orchard. Master meters will be installed at the
point of connection. Domestic meters will be installed and maintained by the City of
Bremerton, or as otherwise agreed to, and be billed directly to the customer.
Addendum No. 1 to lnterlocal Agreement 1 June 18, 2004
2. Transmission Main:
Delete all references in the agreement to the City of Bremerton "12-inch transmission
main" and replace them with "16-inch transmission main".
3. Plan for Cooperative water System Development
Amend the section entitled "Monitoring of Supplied Water" on page 8 of 11 as follows:
Delete "4200 Feigley meter - For this connection Port Orchard is the supplying utility
and Bremerton is the receiving utility." and replace it with the following:
"West 580 Zone supply Meters - For these connections Port Orchard is the supplying
utility and Bremerton is the receiving utility."
The parties whose names appear represent that they are authorized to enter into a contract
amendment that is binding on the parties of this contract.
1N WITNESS WHEREOF, the parties have executed this Addendum 1. to the Agreement on the
day fully executed below.
CITY OF PORT ORCHARD CITY OF~_.BREME~TO~N
By /~/~ ~T /'~e / By C~Bozem~
Its ~/~wo~ Its Mayor
APPROVED AS TO FO~: APPROVED AS TO FO~:
Roger A. Lubovich
Breme~on City Attorney
ATTEST: ~~
/~~ ~ ~ ~aulaJo~ston :
~/ ~. c~--- CityC~ '
Addendum No. 1 to lnterlocal Agreement 2 June 18, 2004
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+ Contract Number 4237 +
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+Vendor Name PORT ORCHARD, CITY OF +
+Subject WATER SYSTEM DEVELOPMENT - COOPERATIVE - 580 ZONE +
+Department ENGINEERING +
+Status Code GOV +
+ Amount +
+ Begin Date 12/26/2001 +
+ Insurance End Date +
+ Type Amount Review Date 06/15/2003 +
+ +
+ +
+ +
+ Insurance Total $0.00 +
+ Insurance Review Date +
+ +
+ Comments REVIEW DATE FOR TRACKING PURPOSES ONLY +
+ +
+ +
INTERLOCAL AGREEMENT
for
Cooperative Water System Development '
in the
Port Orchard 580 Zone / Bremerton 580 Zone
THIS AGREEMENT is made and entered into this~ay of ~, 2001, by
and between the CITY OF BREMERTON, a municipal corporation, hereinafter referred to as
Bremerton, and the CITY OF PORT ORCHARD, hereinafter referred to as Port Orchard.
FACTUAL BACKGROUND:
1. Port Orchard's 580 zone water system and the Bremerton's 580 zone water
system abut at Old Clifton Road.
2. Reliability and Efficiency of Service.. - Port Orchard and Bremerton desire to provide
the highest reliability of service to their customers at reasonable cost. The Cities recognize that
water resources are finite and vulnerable and that prudent use and management of these
resources can be facilitated by cooperation among water utilities. The Cities agree that
cooperation in the construction, operation and management of the water systems that serve the
Port Orchard 580 and Bremerton 580 zones will:
· Improve overall system reliability,
· Enhance the manageability of the systems,
· Provide opportunities for conjunctive use of water supplies,
· Delay the need to develop new water sources, and
· Result in cost efficiencies for both systems
3. Deferral/Phasing of Bremedon Infrastructure - Currently, Bremerton has no
significant system improvements in its 580 zone. To serve the 580 zone, Bremerton must
construct new pumping, storage, transmission and distribution facilities. Port Orchard has existing
storage and transmission mains in its 580 zone. These facilities have excess capacity on an
interim basis. The Port Orchard 580 and Bremerton 580 zones can be made hydraulically
consistent so that the excess capacity of the Port Orchard system can be utilized by Bremerton.
Cooperation with Port Orchard will allow phasing of Bremerton system improvements, deferring
capital expenditures and reducing the overall system cost.
4. Sharing of Existing Port Orchard Reservoir Site - Bremerton requires a site for a
future reservoir to serve its 580 zone. Port Orchard owns a site at the regional topographic high
point. The site is large enough to accommodate a future Bremerton reservoir,
5, Elimination of Duplicate Pump Station.~ - A portion of the Port Orchard service area
is too high to be served by the existing Port Orchard 580 zone reservoir. Port Orchard plans to
create a new 660 pressure zone, served by a new pump station, to serve this high area. A portion
of the Bremerton 580 zone is also too high to be served by its future Bremerton reservoir and
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HGG Inc. December 17, 2001
service to this area will also require a new high pressure zone and pump station. It is logical and
cost effective to coordinate service to these adjacent high areas so that only a single new high
pressure zone and pump station is required.
6. S~tisfection of Port Orcherd W~ter Source Requirerneqt,s - Port Orchard requires
an additional source of supply to satisfy its 2017 system growth projections. Port Orchard has
applications pending for additional water rights, but the ultimate disposition of these applications is
uncertain. Bremerton has available source of supply to provide to the City of Port Orchard on a
long term, uninterruptible basis.
7. RCW 39.34 and 35.92.200 empower Bremerton and Port Orchard to enter into a
cooperative agreement for providing outside water service.
IT IS AGREED:
1. COOPERATIVE WATER SYSTEM DEVELOPMENT PLAN: Port Orchard and
Bremerton agree to cooperate in the design, installation, operation and management of major
water system infrastructure and water supply to serve the Port Orchard 580 zone, the Bremerton
580 Zone and the future Port Orchard/Bremerton 660 zone, as outlined in the attached
Cooperative Water System Development Plan, (The Cooperative Plan). The Cooperative Plan,
which is attached and made a part hereof, has been reviewed and is approved upon adoption of
the Interlocal Agreement by the City Councils for Bremerton and Port Orchard.
2. SERVICE AREA: Nothing in this agreement is to be construed as changing or
altedng the water service area boundaries that exist as of the date of this agreement.
3. RESALE: Water supplied under this agreement shall not be resold to third party
utilities without the prior written consent of the supplying utility.
4. WATER SUPPLY:
~2~D~E~y_P_~3p~ - Port Orchard agrees to supply water for domestic use and fireflow
to the 4200 Feigley Property from its 580 pressure zone via its 16 inch water main in Old
Clifton Road, until such time as a separate Bremerton watermain in Old Clifton Road (or its
equivalent) is constructed and operational. Fireflow rates/volumes and domestic/fireflow
service pressures supplied by Port Orchard will be a minimum of 1,700 gpm for one hour
at a minimum of gradient of 540 at the connection. Bremerton agrees to supply water to
Port Orchard, via its 12 inch Campus Parkway watermain (Old Clifton Road connection),
to replenish the water supplied by Port Orchard to the 4200 Feigley property. The water
supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic gradient of
580. The volume of water supplied by Port Orchard to the 4200 Feigley property shall be
replenished by Bremerton on a continuous basis, or as otherwise agreed to.
660 Zone - Upon implementation of the 660 zone, Port Orchard agrees to supply water for
domestic use and fireflow to Bremerton's 660 service area, via the 660 pump station.
Fireflow rates/volumes and domestic/fireflow service pressures supplied by Port Orchard
will be agreed to and approved by both Port Orchard and Bremerton pdor to
implementation of the 660 zone. Bremerton agrees to supply water to Port Orchard, via
the Campus Parkway connection or reservoir site connection, as applicable, to replenish
the water supplied by Port Orchard to Bremerton's portion of the 660 service area. The
water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic
o95560-1843.doc Page 2 of 6
HGG Inc. December 17, 2001
gradient of 580. The volume of water supplied by Port Orchard to Bremerton's 660 service
area shall be replenished by Bremerton on a continuous basis, or as otherwise agreed to.
Fireflow and Emergency Supply - Port Orchard agrees to supply the Bremerton 580 zone
with fireflow, via the Old Clifton Road connection or reservoir site connection, as
applicable, until such time as a separate Bremerton storage reservoir is constructed and
operational. Fireflow will be provided at a maximum rate of 1,700 gpm for a maximum
period of 3 hours at a minimum gradient of 540 at the connection.
If either Bremerton or Port Orchard has a need for an emergency water supply (other than
fireflow), it shall notify the other utility of this and of the volume required prior to activating
the connection between the two systems. Notification of this need may be verbal, but it
will be followed up within 10 working days by written confirmation. The emergency supply
of water between each system shall not be unreasonably be denied by either party.
The volume of water supplied for fireflow or emergency supply shall be replenished by the
receiving utility to the supplying utility within 24 hours after the emergency, or as otherwise
agreed to.
Bremert(3n Uninteruptible Supply to Port Orchard - Beginning on January 1, 2004 (or at a
later time agreed by the parties, Bremerton agrees to supply a uninterruptible water supply
to the Port Orchard 580 Zone of up to a maximum of 285 ac.-ft, on a yearly basis, at a
maximum rate not to exceed 350 gpm, via the Old Clifton Road connection or reservoir
site connection, as applicable. This supply is in addition to water supplied by Bremerton to
Port Orchard for service of the 4200 Feigley property, the Bremerton 660 zone,
emergency purposes or for service of other portions of the Bremerton service area that
may be included in this agreement (and served via the Port Orchard system) in the future.
The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic
gradient of 580. Port Orchard agrees to compensate Bremerton for this long term water
supply in accordance with the terms of this agreement.
The water supplied by Bremerton to Port Orchard shall be firm and uninterruptible until
such future time as Port Orchard may secure new water rights to replace the Bremerton
supply. Port Orchard agrees to make diligent, continuous, best efforts to acquire water
rights to replace the Bremerton supply. Nothing in this Agreement shall abrogate Port
Orchard's obligation to provide its water supply needs through its own sources at the
earliest possible date. Bremerton agrees that if new water rights are not secured, the
water supplied by Bremerton will continue indefinitely. For purposes of this Agreement
Port Orchard is a wholesale customer of the City of Bremerton and will make no claim to
any Bremerton water right.
5. WATER QUALITY: Bremerton agrees to deliver water to Port Orchard at the
purity and quality in effect for residential customers of Bremerton. Port Orchard agrees to deliver
water to Bremerton at the pudty and quality in effect for residential customers of Port Orchard,
except that water delivered by Port Orchard to Bremerton shall not be fluoridated. In the event of
water quality problems in either system, Bremerton and Port Orchard agree to work cooperatively
and diligently to determine the source/location of the problem and correct it. Regardless of the
source/location of water quality problems, each party agrees to assume the cost of correcting
water quality problems in its own system.
6. COMPENSATION: For purposes of this agreement the cost of water shall be fixed
at ninety-five percent (95%) of Bremerton's County retail rate. In calculating costs, the Master
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HGG Inc. December 17, 2001
Connection between the Port Orchard and Bremerton systems shall be assumed to be an 8 inch
meter (regardless of actual meter size). For all other connections between the systems, the meter
size for billing purposes shall be the actual installed size. All water provided from orto either utility
will be charged at this cost, unless otherwise agreed to. Payment for supplied water shall be
made monthly by the receiving utility, upon receipt of an invoice from the supplying utility.
Any and all fixed costs for a meter connection shall cease at such time that the receiving
utility notifies the supplying utility that the connection is no longer necessary for normal domestic
supply. After this notification, if the connection remains in place for purposes of emergency
supply, it will not be subject to the fixed cost portion of a rate structure, although any water used
for emergency purposes will be subject to the agreed upon unit rate for water use.
This agreement is based on the City of Bremerton's current rate structure, as of the date
of this agreement. This rate structure consists of two parts: a fixed cost (based on meter size)
and a variable cost (based on the actual volume of water purchased). It is acknowledged that
changes to this rate structure may occur during the life of this agreement. It is agreed by the
parties that any further rate structure changes to add progressive rates for increased water usage,
will accommodate the fact that the water supplied under this agreement will serve a large number
of ERU's and that the estimated total number of ERU's served will be used to calculate the
volume of water in each rate tier.
7. WATER CONSERVATION: Port Orchard has begun to prepare and implement a
water conservation plan for the Port Orchard 580 zone. The goal of this plan is to reduce
domestic water consumption in the Port Orchard 580 zone. Upon execution of this agreement,
Port Orchard will move to complete and implement the conservation plan.
During drought conditions or other supply shortages suffered by Bremerton for any
reason, it is agreed that Port Orchard customers using Bremerton supplied water will comply with
similar restrictions and conservation measures required or requested of Bremerton customers
according to Bremerton's Water Conservation Plan.
8. NOTICES: Ail notices and other written communications required by this
Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement,
shall be deemed to have been given at the time of delivery, if personally delivered, or at the time
of mailing if mailed by first class, postage pre-paid and addressed to the party at its address as
stated below, or at such address as any party may designate at any time in writing.
Director of Public Works & Utilities City Engineer
City of Bremerton City of Port Orchard
3027 Olympus Drive 216 Prospect Street
Bremerton, WA 98310-4799 Port Orchard, WA 98366
9. SEVERABIMTY: It is the intent of the parties that if any provision of this contract or its
application is held by a court of competent jurisdiction to be illegal, invalid, or void, the validity of
the remaining provisions of this contract or its application to other entities, or circumstances shall
not be affected. The remaining provisions shall continue in full force and effect. The rights and
obligations of the parties shall be construed and enforced as if the contract did not contain the
particular invalid provision. However, if the invalid provision or its application is found by a court of
competent jurisdiction to be substantive and to render performance of the remaining provisions
unworkable and non-feasible, it is found to seriously affect the consideration and/or is inseparably
connected to the remainder of the contract, the entire contract shall be null and void.
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HGG Inc. December 17, 2001
10. MODIFICATION: This Agreement represents the entire agreement between the
parties. No change, termination or attempted waiver of any of the provisions of this Agreement
shall be binding on either of the parties unless executed in writing by authorized representatives of
each of the parties. This Agreement shall not be modified, supplemented, or otherwise affected
by the course of dealings between the parties.
11. BENEFITS: This Agreement is entered into for the benefit of the parties to this
Agreement only and shall confer no benefits, direct or implied, on any third persons.
The rights granted by this Agreement may not be assigned without the written
consent of the Mayor of the City of Bremerton and the Mayor of the City of Port Orchard.
12. ARBITRATION: Disputes under this Agreement shall be settled through binding
arbitration and the parties agree and stipulate pursuant to MAR 8.1 that the Mandatory Arbitration
Rules for Supedor Court shall apply, except Section VIII, Trial De Novo.
13. Consent: Whenever it is provided in this contract that the prior written consent or
approval of either party is required as a condition precedent to any actions, the requested consent
or approval shall not be unreasonably withheld. When prior consent is sought, failure of the party
to respond in writing within 90 days of the request shall be deemed as the party's consent or
approval. This provision does not apply to requests for amendments of this contract.
14. Emergency Situations: Nothing in this contract shall be deemed to preclude
either party from taking necessary action to maintain or restore water supply in emergency
situations and such action shall not be deemed a violation of this contract.
15. No Joint Venture - Individual Liability: This is not an agreement of joint venture
or partnership. No provision of this contract shall be construed so as to make either party
individually or collectively a partner or joint venture with the other party. Neither party is an agent
of the other. Neither party shall be liable for the acts of the other in any representative capacity
whatsoever.
16. Complete Agreement: This contract represents the entire agreement between
the parties hereto concerning the subject matter hereof. This contract may not be amended
except as provided herein.
17. Venue, Jurisdiction and Specific Performance: In the event of litigation
between the parties, venue and jurisdiction shall lie with the Kitsap County Superior Court of the
State of Washington. The parties shall be entitled to specific performance of the terms hereof.
18. Default: In the event of default of any provision of the contract, the non-defaulting
party shall send wdtten notice to the other party setting forth the nature of the default. If the
default is for a monetary payment due hereunder, the defaulting party shall have thirty (30) days
to cure the default. In the event of other defaults, the non-defaulting party shall use its best efforts
to cure the default within ninety (90) days. If such default cannot be reasonably cured within such
ninety (90) day pedod, the non-defaulting party shall, upon wdtten request prior to the expiration of
the ninety (90) day period be granted an additional sixty (60) days to cure the default.
19. Force Majeure: The time pedods for either party's performance under any
provisions of this contract shall be extended for a reasonable period of time when either party's
performance is prevented, in good faith, due to fire, flood, earthquake, lockouts, stdkes,
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HGG inc. December 17, 2001
embargoes, acts of God, war and civil disobedience. If this provision is invoked, the invoking
party agrees to immediately take all reasonable steps to alleviate, cure, minimize or avoid the
cause preventing such performance, at its sole expense.
20. Successors: This contract shall inure to the benefit of and be binding upon the
parties and their successors and assigns.
_ IN WITNESS WHEREOF the parties hereto execute this Agreement this~day of
CITY OF BREMERTON CITY OF PORT ORCHARD
BY:
Mayor
,.~,EST: ATTEST (/~
Clerk Clerk
A~ORM: ~ ~ APP OV O
Ciiy A'~lorney J ~
Director of Pbblic W~ities
o95560-1843.doc Page 6 of 6
HGG Inc, December 17, 2001