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HomeMy WebLinkAbout3825 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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-