HomeMy WebLinkAbout5339Contract Number: 5339
Vendor• BREMERTON SCHOOL DISTRICT
Subject: Traffic Signal Maintenance Agreement
Department: Electronics
File Class: LEG 12-1
Begin Date: 2/6/2014
End Date: 2/5/2019
Review Date: 7/1/2018
Vault Date: 2019
Comments:
TRAFFIC SIGNAL
MAINTENANCE AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into by and between the
Bremerton School District ("District") and the City of Bremerton, a municipal corporation of the
State of Washington ("Bremerton") for the purpose of providing traffic signal maintenance
services
WHEREAS, District has six flashing warning lights that require installation, annual
maintenance and repairs, and
WHEREAS, Bremerton provides traffic signal maintenance services for Bremerton and
also possesses the ability to provide those services to the District, and
WHEREAS, District desires to enter into an Agreement with Bremerton under which
Bremerton will install and perform maintenance services within the boundaries of the agreement,
and
WHEREAS, Bremerton is willing to provide maintenance services on the terms and
conditions contained in this Agreement, and
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises,
and agreements set forth herein, it is agreed by and between District and Bremerton as follows
1. SERVICES
Bremerton, agrees to perform the following Work
(a) Bremerton shall provide the flashing signal maintenance services as
defined in this Agreement and as necessary to accomplish the scope of work attached hereto as
Exhibit A (the "Services") Equipment installed in Exhibit A shall be the property of the
District
(b) The Bremerton Public Works Director and Bremerton School District
Transportation Supervisor are authorized to act on behalf of Bremerton and District, respectively,
and shall develop working procedures associated with any of the activities comprising the
Services No separate legal or administrative entity is created under this Agreement
(c) By entering into this Agreement, the parties intend to have Bremerton
provide Services to the District Bremerton does not intend to assume, nor does the District
expect Bremerton to gain, any greater responsibility and/or liability than it would normally have
imposed upon it by law for the performance of flashing signal maintenance services generally for
the citizens of Bremerton
(d) In providing services under this Agreement, Bremerton is acting as an
independent contractor so that control of personnel, standards of performance, discipline, and all
other aspects of performance shall be governed entirely by Bremerton
City of Bremerton/Bremerton School District
Traffic Signal Maintenance Agreement
2. PERFORMANCE OF FLASHING SIGNAL MAINTENANCE SERVICES
(a) For the purposes of performing Services under this Agreement, Bremerton
shall supply all necessary labor, Flashing Signals are supplied by the District Both parties agree
that they and their officers and agents shall cooperate in the carrying out of said functions and
that Bremerton shall have full authority, possession and necessary control of the work with the
full assistance when necessary from the District
(b) The Services performed by Bremerton under this Agreement shall be
pursued with collaboration, care and diligence to appropriate standards, making every effort to
recognize pertinent schedules of the District Bremerton shall notify the District of a hardship or
other inability to perform under this Agreement, including postponement of requested work due
to a street light issue of higher priority
(c) All maintenance and repair work performed by Bremerton under this
Agreement, and all materials, equipment, and supplies incorporated by Bremerton into District's
flashing signals in connection with the Services, shall become the sole property of the District
upon completion and acceptance of the work No jointly -owned property or equipment will be
acquired under this Agreement
3. PAYMENT
District, in consideration of the faithful performance of the work to be done by
Bremerton, agrees to reimburse Bremerton for the cost of the parts Unless otherwise agreed
upon, the cost of labor shall not be reimbursed to the City by the District for services provided
under this Agreement
District agrees to make payment for all parts supplied by Bremerton within thirty (30)
days from receipt of billing from Bremerton
District agrees that if payment for the parts is not made within ninety (90) days after
receipt of billing Bremerton shall assess a penalty of 10% on all amounts outstanding until
payment for the work is received by Bremerton
3. TERM AND TERMINATION
(a) This Agreement shall be effective upon execution by all of the parties and
shall remain in effect, unless other terminated as provided below, for a term of five (5) years
unless terminated as provided in subsection 4(b)
(b) Either party may terminate this Agreement at any time, with or without
cause, upon not less than thirty (30) days' written notice to the other party The indemnity
provisions of Section 6 of this Agreement will survive termination for any claim, lawsuit,
penalty, loss, damage or cost ansmg out of the acts, errors or omissions of the parties prior to the
effective date of the termination
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City of Bremerton/Bremerton School District
Traffic Signal Maintenance Agreement
5. RIGHT OF ENTRY
District hereby grants and conveys to Bremerton the right of entry upon all land which
District has interest, within or adjacent to the right of way of the roadway, for the purpose of
completing said work
6. INDEMNIFICATION
Each party shall defend, indemnify and hold the other party, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, ansmg out of or in connection with the
performance of this Agreement
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PARTIES WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER
7. WRITTEN NOTICES
Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -
delivered to the parties at their addresses as follows
To Bremerton School District
Bremerton School District
Maintenance & Operations
200 Bruenn Avenue
Bremerton, WA 98312
Phone (360)473-0540
Email marco DiDiccokbremertonschools ora
To Bremerton
City of Bremerton
Public Works & Utilities
100 Oyster Bay Ave North
Bremerton, WA 98312
Phone (360) 473-5359
Email Jim orton@ci bremerton wa us
or to such addresses as the parties may hereafter designate in writing Notices and/or demands shall be
sent by registered or certified mail, postage prepaid, or hand -delivered Such notices shall be deemed
effective when mailed or hand -delivered at the addresses specified above
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City of BremertonBremerton School District
Traffic Signal Maintenance Agreement
8. AGREEMENT/MODIFICATION
This Agreement, together with attachments or addenda, represents the entire and
integrated Agreement between the parties and supersedes all prior negotiations, representations,
or agreements, either written or oral This Agreement may be amended, modified or added to
only by written Instrument properly signed by both parties
9. LEGAL REQUIREMENTS
Each party shall comply with all applicable federal, state, and local laws, rules and
regulations in performing this Agreement
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington
11. VENUE
The venue for any action to enforce or interpret this Agreement shall lie in the Superior
Court of Washington for Kitsap County, Washington
12. SEVERABILITY
Should any clause, phrase, sentence, or paragraph of this Agreement be declared Invalid
or void, the remaining provisions of this Agreement shall remain in full force and effect
IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the date
fully executed below
CITY OF BREMERTON BREMERTON SCHOOL DIS4RICT
LM
Patty penj, Mayor)
DATE 0' 0,6 '' l
APPROVED AS TO FORM
By
Dire/br,,Fln�Xe & Operations
DATE At3la0 196
ATTEST
4RoZer A Lubovich, City A Shannon L orm, City Clerk
R Tegal\Legal\ContractsTUBLIC WORKS\School District Traffic Signal Maitenance Agreement doc
4
City of Bremerton/Bremerton School District
Traffic Signal Maintenance Agreement
EXHIBIT A
FLASHING SIGNAL MAINTENANCE SERVICES
Bremerton School District has three schools, with flashing red or yellow warning lights that
require annual maintenance and repairs Flashing signal maintenance services covered by this
Agreement consist of the following initial installation, preventative maintenance and emergency
and scheduled repairs
Installation: Bremerton School District shall provide the Lights and locations for the initial
installation at the following locations as described below
1 Naval Avenue Early Learning Center
2 View Ridge Elementary
3 Crown Hill Elementary
Annual Preventative Maintenance Tasks. The following preventative maintenance tasks will
be conducted annually on the Signals in accordance with a mutually agreed upon schedule
• Clean all signals including signal lens
• Clean all controller cabinets and breaker panels
• Refocus all signal lights and align with traffic as needed
• Check all cables, bolts, mounting hardware and safety chain
• Replace or repair cable or safety chain as needed
• Visually inspect all overhead splices, in pull boxes and in pole bases
• Test, clean and lubricate all controllers, solid state components electronic parts and check
all relays
• Replace bulbs as required but no less than every three years
• Email summary report of the work completed and a list of necessary scheduled repairs
• Replace batteries as required
Emergency and Scheduled Repairs:
The District shall provide all replacement parts recommended by the work crew. Repairs that
do not impact safety shall be scheduled on a mutually agreeable date and time Bremerton will
only supply the labor All required parts and accessories will be supplied by the District
Qualifications:
The work crew shall have a minimum of one International Municipal Signal Association Level II
technician onsite at all times
5
City of Bremerton/Bremerton School District
Traffic Signal Maintenance Agreement
CONTRACT MODIFICATION AGREEMENT NO. 5339
BETWEEN THE CITY OF BREMERTON AND
BREMERTON SCHOOL DISTRICT
PROJECT: Traffic Signal Maintenance A Keegment
CONSULTANT: BREMERTON SCHOOL DISTRICT
DATE: December 7,,_2019
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGREEMENT (the "Contract") entered into between the City of Bremerton and
BREMERTON SCHOOL DISTRICT on February 6, 2014.
All provisions in the Contract 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
Contract are as follows:
I.
Section mm I.w ScoI e�...... is modified as follows:
NO CHANGE
Section H. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement by
February 6,2021.
Section III. Comensattonw
P is modified as follows:
NO CHANGE .� .
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant's claims for contract time and for all costs of any kind,
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City's right to bring a claim for past
performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs
and other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
Page 1 of 2
Contract Modification
Rev. 07/18
This document will become a supplement of the contract and all provisions will apply hereto.
It is mmnderstood that this Comm,tract Modification shall be effective When approved by the City
of Bremiaerton.
he Parties whose names appear below warrant that they are aru.thortzed to eaiater into a.
comm,tract nodi icatiomcm. that: is binding on the partii,es ol°'thii.s contract. l:mm addition, Clonsultant
warrants that it has or will inform the surely ol"thi.s change, and slmall take appropriate action.
to modify any bonds required under the contract to address this ch.an e.a.
IP' UNIKSS 1.1lfpMlp . F, the parties have executed this Contract Modification on the day
and year first. written. above.
Cly Engineer / Public works Director ctor approved to process �" � � � � 0 (Thifials and Date)
CONSULTc,
Print Name:. M
fi
Its: II fP ,/air �� ',d c
Date: ---,'2-
9 ... Z�-
APPROVED AS TO FORM:
ddd
By..........
.., .....
ROGER A. LUBOVICH, B=amerton City Attorney
Bremerton School District
Maintenance & Operations
200 Bruenn Avenue
Bremerton, WA 98312
RALega1lL.ega1\ForrnslF0RMS ON COBWEB\Contract Modification Rev. 07 2018.docx
Page 2 of 2
Contract Modification
Rev. 07/18
F p; C"1117 OF Blt.i41I WltTO
By'-�- .. _
Print Nanr ."'�mr„a t
Its
Date i
ATTEST:
ANGELA v ODS, City Clerk
City of Bremerton
Attention City Clerk
345 6th Street Suite 100
Bremerton, WA 98337