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Home My WebLink About4924 Contract Number: 4924 Vendor: CITY OF SHELTON Subject: Intergov Agr - Traffic Signal Repair and Maintenance Department: Public Works File Class: LEG 12 -1 Begin Date: 5/5/2010 End Date: 6/30/2011 Review Date: 4/1/2011 Vault Date: 7/1/2011 Comments: Amendment 1 7/12/2011 After recording, return to City of Shelton — Public Works Department 525 W Cota Street Shelton, WA 98584 Amendment to Intergovernmental Agreement No. I Agency City of Shelton Name of Agreement Interim Traffic Signal Repair & Maintenance Services THE CITY OF BREMERTON desires to amend the agreement entered into with CITY OF SHELTON executed on May 5, 2010 and identified as the Interim Traffic Signal Repair & Maintenance Services All provisions in the basic agreement remain in effect except as expressly modified by this amendment as follows Section 13 of the Intergovernmental Agreement is hereby amended to read: This agreement shall become effective immediately upon execution and shall expire on June 30, 2044 2012. If you concur in this supplement and agree to the changes as ed above, please sign in the appropriate spaces below and return to this office for fin cti All, /�L. City of Br m rton Date of Shelton Date Print Nape and Title Steve Gouts Director of Community Economics & Development and Public Works Admmsshation &. Services Contract Number: Vendor: Subject: Department: File Class: Segin Date: End Date: Review Date: Vault Date: 4924 CITY OF SHELTON Intergov Agr - Traffic Signal Repair and Maintenance Public Works LEG 12-1 5/5/2010 6/30/2011 4/1/2011 7/1/2011 Comments : 0 , 1959665 �IASON CO �JA 07/06/2010 03 40 PM RGREE CITY OF SHELTON it38878 Rec Fee $64.00 Pages� 3 I I��III' III��I II� IIII �I�III� IIII�I I��I IIII II�II IIIII ��IIII� III II�II IIIII IIIII II'I I��I Return Address C �� c��-- " �� .� �-`�� S 6 � `� �- - �° O �� . � � 1�.�,�-�-�, � .�9 �'/ �CS-� DOCUMENT TITLE (S) � v" � �' � � G u'�.i.�--1 � � �- � W �,v� � �n.. �4-�A--�.-�-�,r/ � REFERENCE NUMBER (S) of related documents Additional Reference #'s on page GRANTOR (S) Last, First and Middle Initial Additional Grantors on page GRANTEE (S) Last, First and Middle Initial ;\ . . n � i . f Additional Grantees on page LEGAL DESCRIPTION (Abbr. Form: quarter/quarter, section, township & range, plat, lot, & block) Additional Legal Descriptions on page PARCEL NUMBER After recording, return to: City of Shelton—Public Works Department 525 W. Cota Street Shelton, WA 98584 INTERGOVERNMENTAL AGREEMENT FOR INTERIM TRAFFIC SIGNAL REPAIR AND MAINTENANCE SERVICES A � / � � " 2010, by and This is an Interlocal Agreement (Agreement), dated this `� day of �;�.� , between the City of Bremerton, a Washington City (Bremerton), and the City of helton, a Washington City (Shelton) and collectively referred to as the "Parties." In consideration of the mutual covenants and conditions hereinafter provided, pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, it is agreed as follows: RECITALS WHEREAS: Shelton has recently acquired the ability to perform routine and on-going maintenance of its traffic signals, and determined that cancellation of the existing Traffic Signal Maintenance Agreement with Bremerton was in the best interest of the City; and, WHEREAS: Shelton will still need assistance when work-load issues require or when required repairs are outside of the current certifications of City staff; and, WHEREAS: Bremerton previously provided all traffic signal maintenance for Shelton and is willing to provide interim support on an on-call basis; and, WHEREAS: Shelton is evaluating its long-term needs for support services and the most cost effective way to acquire those services. Now, THEREFORE it is agreed between the Parties as follows: 1. Bremerton shall provide eyuipment, personnel, and service to repair or maintain Shelton's traffic control signals and their components on an on-call basis as requested by the Shelton City Engineer. 2. After receiving an invoice from Bremerton setting out the cost of equipment, personnel, and supplies or parts, Shelton shall remit payment to Bremerton within thirty (30) days.. 3. Bremerton shall charge "outside rates" in the amount of $80.00 (eighty dollars) per hour, per dispatched representative, commencing at the time equipment is first loaded into Bremerton vehicles, and ending at the point where the Bremerton representative arrives back in Bremerton. 4. Bremerton shall charge established equipment rates and will invoice Shelton for procured repair parts, plus a 10% (ten percent) restocking fee. 5. Bremerton shall provide on-call maintenance and/or repair services to Shelton 24 hours per day, 7 days per week. Response to service requests shall be handled in a timely manner, with consideration given to the urgency of a request and the potential for unsafe conditions. 6. Bremerton has the right to refuse to repair any signal or component based on unsafe conditions, but shall immediately notify the Shelton City Engineer of such refusals, so that the unsafe condition can be promptly addressed. Traffic Control System Interlocal Agreement Page 1 of 2 9. 10. 11. 12. 13. 1N WIT written; Shelton may terminate this agreement at any time, for any reason, but following termination shall compensate Bremerton for any unpaid work performed prior to termination. Bremerton may terminate this agreement with thirty (30) days advance written notice to Shelton. None of the parties shall be liable nor deemed to be in default for delay or failure in performance under the agreement or other interruption of service or employment resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, terrorism, bomb threats, computer virus, epidemic, power outage, acts of war, accidents, fires, explosions, earthquakes, floods, failure of transportation, machinery, or supplies, vandalism, strikes or other work interruptions by the employees of any party, or any other cause beyond the reasonable control of the party affected thereby. However, each party shall utilize its best good faith efforts to perform under this agreement in the event of any such occurrence or circumstance. Shelton shall defend, indemnify, and hold Bremerton harmless for all claims for damages arising out of alleged fault, misconduct, or negligence by Shelton. Bremerton shall defend, indemnify, and hold Shelton harmless for all claims for damages arising out of alleged fault, misconduct, or negligence by Bremerton. Both parties waive industrial insurance defenses under RCW Title 51 for purposes of this indemnity clause. This agreement shall be governed for all purposes by the law of the State of Washington. The venue for any action arising under this agreement shall be in Mason County, Washington, unless otherwise mutually agreement in writing by the parties. No amendments or variations of the terms and conditions of this agreement shall be valid unless they are in writing and signed by all of the parties thereto. This agreement shall be enforced to the fullest extent permitted by applicable law. If any term or provision of this agreement is held to be invalid, illegal, or unenforceable by a court or other governmental authority of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement, which shall remain in full force and affect. This agreement shall become effective immediately upon execution and shall expire on June 30, 201 �. WHEREOF, the parties hereto have duly executed this agreement the date first above City,(if �glton�� t �� Shelton Public Works Director Vicki Look, Shelton ( Clerk City of Bremerton: � " �� City of B erton Approved Authority, Signature nd Title `�iQ�/�'/2- ( /-� emerto ity Attorney P p� � ,�s T �...... � � _ ,.��, �, �� J � 'G Bremerton 'ity C erk Traffic Control System Interlocal Agreement Page 2 of 2