HomeMy WebLinkAbout4011 Contract Number: 4011
Vendor: PORT OF BREMERTON
Subject: Water System Acquisition
Department: Engineering
File Class: LEG 12-1
Begin Date: 07/13/1999
End Date:
Review Date: 06/15/2020
Vault Date:
Comments: Review date for tracking only
Acquisition not complete 8/06 - 2/10 (per W Hamilton)
AGREEMENT
FOR
OWNING, OPERATING, MAINT~G, AND PLANNING WATER SYSTEM
AND SERVICE TO PORT OF BREMERTON BY THE CITY OF BREMERTON
the City ofBremerton, a nmnicipal corporatm mss,
Bxemerto a ' · corporation,~ called ~Port".
WHEREAS, the Port owns and operates the Bremerton National Airport, Olympic View Indus~al
WI-IEKEAS, th~ Port has constructed, operates, and muSn~uSn~ water systexn f~cilitics, incl,,a{n_v a
reservoir and ~ution system lacK. ties, to' provide water service to customers located on Port
property, and
WHEREAS, these Port properties are wi*hln the City Water Service Area, receive water supply
fxom thc City, and water system custonm's onPort propert7 pa3' thc water su~'ice rates cux~ently
charged by the City, and
WHEREAS, tl~ Port ckm~s t~ C~ to oval, OlX~ate and,v~ml- the water conveyance system, and
WI-tEREAS, the Port ~ transfer its water.system f~u~]ities to the Cily as descn'md herein, and
WI-IEREAS, following such transfer of water system f~u]~es, the Port. and other water system
customers located on Port property will become water system customers of the City accora~ng to
the terms of this agreement and the requirements of Bxcmerton Municipal Code, and
WHEREAS, the Port and tl~ City wish to defi~ th~ t~ms md ¢o.~4ons by which the C~ ~
as.sum~ owner~hi?, Olm-ation, maintenance md other leg~ ~u.~*,~ of the water system and supply
water to the Port.
NOW, THEREFORE, IT IS MUTUALLY AGI~k-~,D as follov~:
forthin this Agreement for th~ lax~s now owned otto be owned inth~ fi~-ureby the Port at or
near those properties co,--enly known as Ob~mplc View Industrial Park and Bremerton
National Airport, Mct,,d~ development subdi~ions of these prope~es.
The Port does hereby tramfe~ and convey and thc Cky does hareby accept the transfer and
conveyance of thc Port's wst~r disuibu~n system includ~g a p-aD station, a one rm'll~on-
gallon water reserve/r, and associated vmtves and p/ping as more partic-l.rly descn~oed in
F_xh~ A. Compensation for this transf~ is descrgmd in the section H*~:I "Compem~on'
below. As system owner, th~ City shall st ~ cost, be respott~'ble for all
operation, and other legal rr~a~tes reh~g to the distnTmmion and supply system.
The Ck'y and the Port a~re~ th~ a port/on of the system de~rl~aed above, namely the one
m~n-~allon n~rvoir, has a value to the City's overaJl system beyond the Port' s propert~
and that compensation to th~ Port st tl~ agreed wl.~ of $160,000 is appropr~e. The City
~ compen~e the Port throu/h c-re~/n lieu ofpaymems, ag~t establ/shed f~cflity f~es,
a~iPort mu~
Five years fi-om th~ dat~ of this ~ ~h~re ~ becom~ owin~ from the C/~y to the Port
the ~r~unt of $150,000, le~ the valne of cred/~ acc~a~ to that date. The C/~y md the
int~ st terms ~a/~d to by fl~e C~y and the Por~
The City and the Port ~ a/re~ tim the 1,000,000?ll,~u n~o/r doe~ co~ su~ci~
cat~.'ky to provide//re/low storage to meet the n~/s of all curre~t CkY wster customers in
the 517 West preasm~ zone, i~clud~ tl~se locam/on Port property.
The rate of charge to wster 'customers located on Port property, by the Ci~'y, for the water
service a~d for other services or charges shall be st the same ram for like customers as
provided in BMC 15.06.
In aecor~ce with B~rton Municipal Code (BMC) Title 15, water service shall be
which slmil be read by the City and b,'m~ sent bY the C~ and collections made bY the City for
and on accoun£ ofthe use ofthe walmr as measured through the inflividual meters. These
authorized and lawful Pon surcharge or other Pon fees in an amou~ to be det~,,,;,~ed
time-to-time by the Port, which amoums ~ be tt~ propeny of and remitted by the City to
the Port's fmc. al agent on a monthly basis w~h~ fif~n (I5) days of month-end. On or before
November 1 of each year, the Port slmll provide to the City the amounts of surcharges and
other f~-s to be collected by thc C~ty for the benm~ oftl~ Port durkg the n~xt calendar year.
Keperts of the U'amactions and any det~quencies ~b~l~ be m~ in ~w~t~i,~ to the Port upon
OPERATION AND MAINTENANCE
Ail operation, rnulnt~¢¢ and repair oftl~ water distn'bution system shall b~ the
r~pona~ility ofth¢ City as between thc parties, u~l~ss thc damage or los~
negligence on the part of thc Port, or those a~tln~ uncler the auflaority of the Por~.
FEES
W'~tla fla~ following exceptions, ~¢ City ~hul~ be ~itled, for n~w water ¢omac~tions, to
mak:~ a e~larg¢ to thc customer for all ~ as ~t forth 5n BMC Title 15.
1. For a pea'iod of fi~n (1 $) years fxom the ~eCdve date of this Agreement, th~ City's
~ont footage fe~ ~ not apply to a~w ¢omaecdons on those maln~ which bare be~m
JXk.~aa]led at POrt ~Xpell~ which i11¢111d~$ all mnln~ and distnT0ution lines as shown
2. For a l:~od of:fi~"~ (1~ years from tt~ ~ dat~ of~-hi~ Agroma{~ thc Port may,
prior to eomae~on, e~abli~h a front footag~ fee, to I~ ¢ollcu~d by th~ City and paid to th~
Port, on thos~ rr~nu whi~ la~m im~ull~d at Port expem~ which imlud~ all mai~
and ~n ~ ~n e~istem~ as oftl~ a~*~ oftl~ agreemem.
'For aew mains hm, e~er ~ at Port or d~wloper ¢xtx-t~ th~ City and Port or developer
ahall ~ a lat~om~rs Agreem~ per BMC T'xtl~ 15.
POLIC~g. REGULATIONS AND ORDINANCES
TI~ supply ofwa~r to ~tome~ on Port prol~cY, thc instal~on of meters and th~ rat~s to
be ¢harg~ ~r ~ ~-~ all otl~r work or ~ to be fi~i~hed or performed by tl~ City
aball ~ subj~ to tl~ poll. s an~ r~alations anchor ordnances now 5n
m~tion ~ zx~A~ of any pazti~lar s~rvic~ or charge, such ~hull l~wi~ b¢ govea~d by su~la
polic~ and r~,!ufions and/or orfl~oa~s ex[~n~ or later enacted. Lfhowever, such policy,
regulation or ord~ is in ¢orfl~ with the provisions or ~ imeat of this Agreemem,
Th~ City shall provide water service, imluding adequat~ water supply, to its customers
located on Port property in accordance with e,'dsting Federal, State, aud local
requirements. The Port understands tb~t provision of water service, including adequate
water supply, may require the construction of water system ~aprovements. The cost of
these ~m~ovements may be incorporated ~to the Cky's General Facility Fee or, subject to
negotiation, may be directly funded by the City, the Port, future customers, or a
combimtion thereof. Key consideration will be given to the scope and fim~n~ of
improvements required to serve the Port's needs as compared to the City's capital
{mprovement plan for the service area,
COMPREHENSIVE PLANNING
The City and the Port d~all undertake cooperative lo~g-muge coako, ehem~e plazming for the
Prior to March 1 ore,ch year, the Pon shall submit to the City the Port's capital
' ~,~T~ovemem/developmem pl,~n ~r tl~ subsequ~ years. The Port ~h~ll det~
~_ch needs.
The City shall co~ider the ?or~s lo~g-t~m water supply ne~ in develepiug City's
shall m~,~y kle~fy fi~ strategies to ~s such increased water supply needs on Pon
properties. Fu~a~E strate~ will depend on the scope and t~ of improvements
required by the Port as compared to the City's current Capital t~vement Plan (CI?)
elements for the service area. The scope, cost and schedule for these ;-,l..ovemeats will be
incorporated in the City's Capitol [ ~mprovement P~an (CI?). l ,mprovemems may be flmded
by City rates and fees, conm'butiom by the Port, future customers, local ~mprovement
districts, grams and loa~s, or a combh~ation thereof_ If fu~d~g is not identified, the
~nprovements will be included ~n the City's CIP but will be shown as "~mfimded".
Con u ion of e aeuts for the water conveyed to the by
confamed by the Port ~ City. Provided, however, u~on execution of~b~ agreement, the
City ~11 have fun access to ope~e aud malnm~n wa~r system as descn'~ in ~ A.
Easemems and Hgbt~of-way over exis~ng wate~ ~ oread by the City shall rem~ in effect
When requested by the C~, the Port ~b~l! convey to the Cit~ by separate imt~m'~ut, yet to be
defined, ~m~ity e~semeats on aud across Port property for w'aeer trausm~ion ~ ~n
to and from propertie~ imide auel outside Port p~petty. Al~...~r~ az~d widths for such
easements ~hall not interfere with Port purpose~ aud ~h~ll be subject to Port approval. Such
.~I~,W1TNESS ~WI-~, REOF, the p~ies hereto have caused ~ Agreem~ to be si~ed and sealed this
~dayof ~)U.!c~x ,1999, byits duly a~hofized otfa:/als.
PO~T OF UP~mP,~O~ /~)
Mary Ann 14,,,,~;,,~on
~ TO FO~
/
L~S.~L~ S.
D~ROVAL:
w. ~
Director of Public Works and
ATTEST:
~u~..~,