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3825
KITSAP TRANSIT
Funding - SR304 Transportation Improvement Project
Engineering
LEG 12-1
OS/21/1997
12/31/2007
02/15/2009
01/01/2009
INTERLOCAL AGREEMENT
Between the City of Bremerton and Kitsap Transit'
Regarding the Design and Right-of-Way Acquisition for the SR304 portion of the
SR3/SIL304 Bremerton Ferry Terminal to Gorst Vicinity Transportation Improvemem Project.
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the
· 5'1'
provisions of Chapter 39.34 RCW, this 21 day of._.~~ 1997, by and between the
City of Bremerton (hereinafter referred to as "CITY"), and l~tsap Transit (hereinafter referred to
as "TRANSIT").
WHEREAS, Chapter 39.34 RCW (Interloeal Cooperation Act) permits local 8ovemment
units to make the most efficient use of their power by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and facilities in a manner
pursuant to forms of governmental organization that will aneord best with geographic, economic,
population and other factors influencing the needs and development of local communities, and
WHEREAS, both parties share responsibility to promote the development of public
transportation in Kitsap County, and
WHEREAS, both parties desire to facilitate the development of improved access between
the Bremerton Ferry Terminal and Gorst as described in the Final Environmental Impact
Statement entitled "SR3/SR304 Bremerton Ferry Terminal to the Vicinity of Gorst Highway
Improvement Project" (hereinafter referred to as "PROJECT"), and
WHEREAS, both parties participate in an agency partnership which also includes Kitsap
County, Washington State Department of Transportation, Washington Transportation
Improvement Board, Puget Sound Naval Shipyard, and the Federal Highway Administration that
provides oversight and funding for the PROJECT, and
WHEREAS, the CITY received grant funding for design of the transportation
improvements and right-of-way acquisition on the SR304 portion of the PROJECT on which
TRANSIT participated as a funding partner and provided matching funds, and
W H E REAS, both parties desire to obligate funds associated with the succgssful grants;
NOW THEREFORE, the parties through their respective legislative bodies in
consideration of the mutual covenants contained herein, do agree as follows:
I. PURPOSE
The purpose of this Agreement is to allocate TRANSIT funds for the design of the
transportation improvements and right-of-way acquisition on PROJECT to the CITY. The funds
are the TRANSIT match for grant funds received for the PROJECT.
Cily & Kitsa~ Tram~t
[ntetiocal ..X~nent on Funding SR304 lmproveme~s -I-
2. RESPONSIBILITIES OF THE PARTIES
(a) TRANSIT shall contribute $112,$00.00 towards the design of the PROJECT as
TP~NSIT match for the STP competitive 8rant (FY93-94).
(b) TRANSIT shall contribute $12,000.00 toward the right-of-way acquisition of the
PROJECT as TRANSIT match for countywide ISTEA 8rant (FYg$).
(c) TKANSIT shall contribute $50,000.00 towards the right-of-way acquisition on the
PROJECT as TRANSIT match for the STP competitive gram (FY97).
(d) The CITY as Project Manager shall be responsible for making disbursements to
City staff and consultants hired to complete the PROJECT and for monitoring the PROJECT
budget.
(e) The CITY will invoice TRANSIT for its prorata share of the city staff and
consultant costs as costs occur on a monthly basis unless a mutually agreeable alternative
arrangement is made in writing.
3. ADMINISTRATION
This Agreement shall be administered by the CITY. The Project Manager for this
PROJECT shall be the City Engineer.
4. TERM
This Agreement shall take effect upon execution of the agreement by both CITY and
TRANSIT and shall continue until the SR$04 portion of the PROJECT is completed or all funds
referred to in this agreement are expended, whichever occurs first.
5. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and both parties
acknowledge that there are no other agreements, written or oral, that have not been fully set forth
in the text of this Agreement.
6. AMENDMENTS
The parties hereby further agree that this Agreement cannot be amended or modified
without the written concurrence of both parties.
7. NOTICES
Any notices required to be given by the CITY to TRANSIT or by TRANSIT to the CITY
shall be in writing and delivered to the parties at the following addresses:
City of Bremerton Kitsap Transit
City Clerk 234 S. Wycoff Ave
239 Fourth St. Bremerton, WA 98312
Bremerton, WA 98337
8. APPLICABLE LAW: VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington and, in the event of dispute, the venue of any action brought hereunder shall
be in Kitsap County Superior Court.
City. & K~lsap Tranait
9. A'riORNEY FEES
The substantially prevailing party in any litigation arising hereunder shall be entitled to its
reasonable attorney's fees and court costs, including appeals, if any.
10. VALIDITY
If any section of this Agreement is adjudicated to be inYalid, such action shall not affect
the Yalidity of any section not so adjudged.
This Agreement approved and entered into by the undersigned local government units the
day and year first above written.
CITY OF BREMERTON
L~/~qN HORTON, Mayor
KATHLEEN McCLUSKEY, Clerk
._~~TO FORM:
lAN R. SIEVERS, City Attorney
DEPA~PPR~OVAL
W. EUGENE SA/V~-EY~irector Public Works/Utilities
DICK HAYES, Ex~j~e Director
ATTEST: ,
CLEP. OF BOkR
97134 ~
Ci~'. & Ki~p Tramit
Intevlecal Agrccraent on Funding SR304 Improvements -3-