HomeMy WebLinkAbout3157 Contract Number: 3157
Vendor: PORT ORCHARD, CITY OF
Subject: Traffic,Signal Maintenance
Department: PW Ops
File Class: LEG 12 -1
Begin Date: 1/1/1990
End Date: 12/31/2010
Review Date:
Vault Date: 12/31/2012
Comments: Agreements 1990/1993/1996/1999 Automatic renewal
unless termination notice received by 11 /1
CITY OF PORT ORCHARD RECEIVED
Public Works Department
9 Bil"!
216 Prospect Street, Port Orchard, WA 98366
voice: (36o) 876-4991. F= (3W) 870 -498o P UDIX WORKS AND
MM3M.g"o oftor&ard
September 28, 2010
City of Bremerton Public Works & Utilities
Attn: Vincent Akhimie, C.P.M., P.E. - Director of Public Works
100 Oyster Bay Avenue North
Bremerton, WA 98310
Re: Traffic Signal Maintenance Contract between the City of Port Orchard and the City of
Bremerton
Dear Vincent:
Pursuant to Section 2 of the Interlocal Agreement (ILA) between the City of Port
Orchard and the City of Bremerton for Traffic Signal Maintenance (dated December 1998),
please be advised that the City of Port Orchard YAII not be renewing the Traffic Signal
Maintenance ILA for 2011. Please thank your Electronic Division staff for their service to the
City of Port Orchard over the past 12-years.
If you have any questions or need additional information, please feel free to contact my
office at (360) 876-4991.
Sincerely,
ark R. Dorsey, P.E. \ N
Public Works Director /City
MRD:mrd
cc: Lary Coppola - Mayor
Greg Jacoby—City Attorney
Jay Cookson—PW Supervisor
File
Contract Number: 3157
Vendor: PORT ORCHARD - CITY OF
Subject: Traffic Signal Maintenance
Department: PW Ops
File Class: LEG 12-1
Begin Date: O1/O1/1990
End Date: 12/31/2010
Review Date: 10/O1/2010
Vault Date:
Comments: Agreements 1990/1993/1996/1999
Automatic renewal unless.termination notice received
by 10/1
INTERLOCAL AGREEMENT
WHEREAS, the City of Port Orchard owns and opexates Traf~c Control Signals situated at
the intersections of Sidney Avenue & Tremom Street, Tremom Street & Pottery Avenue and Sidney
Avenue and Sedgwick in the Port Orchard City limits; and
WHEREAS, the City of Bremerton has personnel skilled in maintaining traffic control
equipment and is desirous ofproviding maintenance services to the traffic control equipment owned
and operated by Port Orchard;
NOW, TI--IE. REFORE,
IN CON~DgRATION OF ~tE MLYITdAL COVENANTS CONTAINED HER~N, IT IS
HEREBY AGREED AS FOLLOWS:
Seetian l: Parties: This Agreement is by and between the City of Bremerton, hereinafter
referred to as "Bremerton" and the City of Port Orchard, hereinafter referred to as "Port Orchard".
Sectian 2.. Term: This Agreement shall become effective on Jan, aty 1,1999 for up to one
year, and ending on December 31, 1999. This Agreement shall automatically be renewed on a
calendar year baai~ nnless written notice of termination is g~ven by either party by the preceding
October 1 of any such year. Failure of either party to notify the other of such termination on or
before October ! ofmxy such year shall e~,~e thia Agreement to automatle~.l~y he ren~wed for the
next ensuing calendar year.
~i0113'~ l~aym~nt: Ill c~31~deratioll roi' the seD/ice~ pravided, Port Orchard shall pay
Bremerton Two Hundred Seventeen and 11/100 Dollars ($217.11) per month, per signal for the first
year of this agl:~emeo.t~ dne to Bremert~n in quarterly installments thh-ty (30) days a~ex receipt,
INTERLOCAL AGREEMENT-1-
beginning on January 1, 1999. In the event that Port Orchard adds traffic control signals requiting
maintenance, Port Orchard shall pay the sum of Two Hundred Seventeen and 11/100 Dollars
($217.11) per month, per signal for each signal added, which will be paid quarterly thirty (30) days
al~er receipt and pro-rated m the date to activation of the traffic control signals. At the beginning of
each successive year thereafter, all charges shall automatically be adjusted by the percentage change
m the "All Items" category of the Consumer Price Index for All Urban Commme. rs (CPI-U) as
published by the Bureau of Labor Statistics of the U.S. Depa~'tment of Labor for the Seattle-Tacoma
metropolitan statistical area (1982-84=100), as published for the month of June.
If at any time during the term of the contract the practice of computing the Index for the City
of Seattle shall be abandoned or alterext by the U~S. Department of l .ahor, and not a~.qllmed by some
other federal or state governmental agency, then there shall be substituted therefor in Bremerton's
sole discretion the then most nearly comparable cost oflivingindex.
Section 4: Service Provided:
(a) Bremerton shall provide electronic,~electfical repairs, electrical inspection and preventative
maintenance as requested or directed by the Port Orchard City Engineer. Provided, Bremerton shall
not be required to I~a'form major electrical repairs as determined by the Port Orchard City Engineer
and Bremerton's Electronic's Supervisor, and, Provided, further, Bromerton shall not he required to
perform electrical repalm where labor costs ex~eed Five Hundred and 00/100 Dollars ($500~00) per
occurrence.
(b) Bremerton shall provide retmir parts which shall illeJll~but are not limited to, trallSjstors,
integrated circuit chips, resistors, diodes, cepacitors, tubes, wire, and modules; Provided, Bremerton
INTE-n~.LOC.ad~ ~'~G¥~.~N~ -2-
shall not be required to provide major components and/or assemblies; and Provided, further, the
determination of what constitutes a major component and/or assembly shall be made by the Port
Orchard City Engineer and Bremerton's Electronics Supervisor.
Bremerton shall not be required to provide repair components assemblies in excess of Five
Hundred Dollars ($500.00) in value.
(cO Bremerton shall provide labor and materials to relmir luminaries not to exceed Five
Hundred Dollars ($500.00) per calendar year.
(d) Bremerton shall provide ammal lamp changes for all indications as required. All yellow
lamps and the 3M heads will be relamped once every five (5) years. Bremerton will replace all lamps,
L.E.D. indicators and heads, as neede& upon breakage or bum-out- Port Orchard to provide red
L.ED. indicators to replace red lamps at Port Orchard's cost. Bremerton will provide labor at no
extra cost while performingannual lamp change to install LED. indicators.
(e) Bremerton shall provide labor and materials for the repair of defective traffic signal loops.
Bremerton shall not be responsible for saw catting_and sealing of traffic signal loops, replacement
of loops due to damage created by contractors, or additional loops necessary for intersection upgrade
or design change.
(t-) In theperforma~ce of the services set foffit in (a) through (e) above. Bremerton shall be
responsible for and shall provide and pay ail wages, salaries, tools, vehicle usage, training, utilities,
postage,_ freight, telephones, overhead costs._ and all other direct or indirect costs or expenses
incurred.
INTF_~t.~_.AZ. AORF.~MFNT -3-
S~c~ion S: Equipment: Bremerton shall provide services described in Section 4, for the
traffic control equipment located within Port Orchard. The equipment includes and is limited to:
a. Traffic signal controller equipment;
b. Traffic signal indicator lead switches;
c. Traffic signal detection equipment;
d. Traffic signal conflict monitor units;
e. Traffic signal pre-emption equipment (OPTICOM);
£ Traffic signal auxiliary cabinet wiring;
g. Traffic signal loops;
h. Street lighting at traffic signal locations~ including control, bnlla~L photo cells,
igniters, and lamps;
S~tion 6: Time of Service: The services set forthin Section 4 shall be available Monday
through Friday during regular business hours. After regular business hours and during weekends, and
holidays~Bremerton shall have available for Port Orchard, those same services as it provided for its
own needs. Provided, during weekends, holidays or atter regular hours, if Port Orchard is unable to
secure services from Rremarton li~ed in this Agreement,.then Port Orchard may semre such services
elsewhere and deduct the cost thereof from any mounts owning or to be owed to Bremerton under
the contract. Bremerton shall make availah!e to Port Orchard telephone numbers through which
services can be obtained.
Section 7: Hold Harmless: Port Orchard agrees to defend, indemnify and save harmless
Bremerton, its appointed and elected officers and employees, from and against any and all liability,
INTERLOCAL AGREF, MENT -4-
Po~ OmlmoI.A~. Nlq A_~,a~ 1 - 3/18/98
loss~ costs, damage and expense, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at
any time resulting therefrom, sustained or alleged to have been sustained by any person or persons
and on account of damage to property, arising or alleged to have arisen directly or indirectly out of
orin consequence of Port Orchard's performance of this Agreement, whether such injuries to persons
or damage to property is due to the negligence of Port Orchard, its subcontractors, agents, successors
or assigns. This provision shall be inal~plicable to the extent such damage or injury is judicial found
to be cause by the sole negligence of Bremerton.
~ ~ GeJl~! Ctmdifions:
a. F. ntire Agreement - This Agreement constitutes the entire agreemer~ between the parties
and both parties acknowledge that there are no other agreements, written or oral, that have not been
fially set forthin the text ofthis Agreement.
h_ Amendments - The parties hereby further agree that this Agreement cannot be amended
or modified without the written concurrence of both parties.
c. Notices - Any notices required to be given by Bremerton to Port Omhard~ or by Port
Orchard to Bremerton shall be in writing and delivered to the following parties at the following
Bremerton City Clerk Port Orchard City Clerk
239 Fou~h Street 2/~ --,736-Prospect
Bremerton> WA98337 Port(Rdmrd, WA 98366
d. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions
of this Agreement shall not be deemed a waiver of such. nor shall any waiver or relinquishment of
INTERLOCAL AGREEMENT - 5-
such right or power at any time be taken to be a waiver of any other breach.
e. Compliance with State, Local and Federal Laws - Parties agree to comply with all
applicable local, state and federal laws in performance of all services under this Agreement.
f. ApplicableLaw;Venue - This Agreement shaltbe construed and interpreted ia 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.
$~:lion 9: Nondiscrimination: Bremerton shall not discriminate in employment or services
provided on the basis of race, color,_national origi~ sex. religion,~ge, marital status or disability in
employment or the provision of services unless an employmem action based on a bona fide
occul~ational qualification.
Siw, lion 10: Termination: This Agreemem may be terminated by either party, without
cause, upon six (6) months written notice to the other party, or for cause if either party fails
substantially to l~f'orm through no fault oftbe other and does not commence correction within five
(5) days of written notice and diligently completes the correction thereafter.
Rq WITNESS WHEREOF the partiea hereto have executed this Agreexn~at the dates and
year written below.
CITY OF PORT ORCH.a~_D CITY OF B1LEMF~RTON
' LYI~FN S. HOI~TON, Mayor
1NTERLOCAL AGREEMENT -6-
APPROVE~D/kS TO FORM: ~&RPs~OVED AS TO FOI/~VI:
R~iv~ for filing:
INTERLOCAL AGREEMENT-7-
APPENDIX "A"
The following is a list of the traffic signals that are covered by the Agreement and is
hereby appended to the contract:
Tremont Street & Sidney Avenue
Tremont Street & Pottery Street
Tremont Street & South Kitsap Boulevard
Sidney Road & Sedgewick Road
INTERLOCAL AGREEMENT
WHEREAS, the City of Port Orchard owns Traffic Control Signals situated within the
Port Orchard City limits; and
WHEREAS, the City of Bremerton has personnel skilled in maintaining traffic control
equipment and is desirous of providing maintenance services to the traffic control equipment
owned and operated by Port Orchard; NOW, THEREFORE,
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT
IS HEREBY AGREED AS FOLLOWS:
Section ii; Parties: This Agreement is by and between the City of Bremerton,
hereinafter referred to as "Bremerton" and City of Port Orchard, hereinafter referred to as "Port
Orchard".
Section 2: Term: This Agreement shall become effective on January 1, 1996, and will
terminate on December 31, 1998, at 11:59 p.m.
Section 3: Payment: In consideration for the services provided, Port Orchard shall pay
Bremerton the sum of Fourteen Thousand Six Hundred Sixty-three and 71/100 Dollars
($14,663.71) for the term of this Agreement, due to Bremerton in equal monthly installments
in the amount of Four Hundred Seven and 33/100 Dollars ($407.33) In the event that the Port
Orchard adds traffic signals requiring maintenance, Port Orchard shall pay the sum of Two
Thousand Four Hundred Forty-three and 95/100 Dollars ($2,443.95), per year, for each signal
added, due to Bremerton in equal monthly installments. Payment for additional lights shall be
pro-rated for the remaining months of the current year. Thereafter, payments shall be due to
Bremerton by January 1st for the remaining successive years of the contract.
INTERLOCAL AGREEMENT --1--
PC~CHARD.AGT - Disk 1.4 - 1/30/96
At the beginning of each successive year thereafter, the annual payments due on January
1st shall automatically be adjusted by the percentage change in the "All Items" category of the
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as published by
the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle-Everett
metropolitan statistical are (1982-84 = 100), as published for the month of August.
If at any time during the term of the contract the practice of computing the Index for the
City of Seattle, shall be abandoned or altered by the U.S. Department of Labor, and not
assumed by some other federal or state governmental agency, then there shall be substituted
therefore as mutually agreed the most nearly comparable cost of living index.
Section 4: Service Provided:
(a) All services listed in this agreement shall be provided and limited to locations of
traffic signals, flashers, school warnings, fire signals and street light installations listed in
Appendix "A" attached hereto and incorporated herein by this reference.
(b) Bremerton shall provide electronic, electrical repairs, electrical inspection, preventive
maintenance and equipment upgrades as requested or directed by the Port Orchard City
Engineer; Provided, That Bremerton shall not be required to perform major electrical repairs
as determined by the Port Orchard City Engineer and Bremerton's Electronics's Supervisor; and,
Provided further, Bremerton shall not be required to perform electrical repairs where labor costs
exceed Five Hundred Dollars ($500.00) per occurrence, based on cost of materials and the city's
outside services labor rate.
(c) Bremerton shall provide repair parts which shall include, but are not limited to,
transistors, integrated circuit chips, resistors, diodes, capacitors, tubes, wire, and modules;
INTERLOCAL AGREEMENT -2-
PORCHARD.AGT - Disk 13 - 1/30/96
Provided, Bremerton shall not be required to provide major components and/or assemblies; and,
Provided further, That the determination of what constitutes a major component and/or assembly
shall be made by the Port Orchard City Engineer and Bremerton's Electronics Supervisor.
Bremerton shall not be required to provide repair components and/or assemblies in excess of
Five Hundred Dollars ($500.00) in value.
(d) Bremerton will replace all lamps upon bure-out.
(e) Bremerton shall provide labor and materials for the repair of defective traffic signal
loops. Bremerton shall not be responsible for saw cutting and sealing of traffic signal loops,
replacement of loops due to damage created by contractors, or additional loops necessary for
intersection upgrade or design change.
(f) Upon approval of the Port Orchard City Engineer, Bremerton shall provide parts for
upgrade of traffic signals, and will bill Port Orchard within thirty (30) days of installation;
Provided, That the annual total of upgrade parts shall not exceed Fifteen Thousand Dollars
($15,000.00).
(g) In the performance of the services set forth in (a) through (e) above, Bremerton shall
be responsible for and shall provide and pay all wages, salaries, tools, vehicle usage, training,
utilities, postage, freight, telephones, overhead costs, and all other direct or indirect costs or
expenses incurred; Provided, That in the performance of the services set forth in (f) above,
Bremerton shall provide wages, salaries, tools, vehicle usage and all costs with the exception
of the cost of the upgrade of parts, as set forth in (f) above.
Section $: Equipment: Bremerton shall provide services described in Section 4, for
the traffic control equipment listed in Appendix "A". The equipment includes and is limited to:
INTERLOCAL AGREEMENT -3-
PORCHARD.AGT - D~sk 13 - '1/~0/96
a. Traffic signal controller equipment;
b. Traffic signal indicator load switches;
c. Traffic signal detection equipment;
d. Traffic signal conflict monitor units;
e. Traffic signal pre-emption equipment (OPTICOM);
f. Traffic signal cabinet wiring;
g. Traffic signal loops; and
h. Street lighting, including control, ballast, photo cells, igniters, and lamps.
Section 6; Time of Service: The services set forth in Section 4 shall be available
Monday through Friday during regular business hours. After regular business hours and during
weekends, and holidays, Bremerton shall have available for Port Orchard, those same services
as it provides for its own needs. Provided, That during weekends, holidays or after regular
hours, if Port Orchard is unable to secure services from Bremerton listed in this Agreement,
then Port Orchard may secure such services elsewhere and deduct the cost thereof from any
amounts owing or to be owed to Bremerton under the contract. Bremerton shall make available
to Port orchard telephone numbers through which services can be obtained.
Section 7: Genernl Conditions:
a. 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.
b. Amendments - The parties hereby further agree that this Agreement cannot be
mended or modified without the written concurrence of both parties.
INTERLOCAL AGREEMENT -4-
PORCHARD.AGT - O~sk 1~ * 1/~0/96
c. Notices - Any notices required to be given by Bremerton to Port Orchard, or by Port
Orchard to Bremerton shall be in writing and delivered to the following parties at the following
addresses:
Bremerton City Clerk Port Orchard City Clerk
239 Fourth Street 736 Prospect
Bremerton, WA 98337 Port Orchard, WA 98366
d. Waiver - Failure to insist upon strict compliance with any terms, covenants or
conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other breach.
e. Compliance with State, Local and Federal Laws - Parties agree to comply with all
applicable local, state and federal laws in performance of all services under this Agreement.
f. 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.
Section 8: Hold Harmless: Bremerton agrees to indemnify Port Orchard from any loss,
cost, or expense claimed by third parties for property damage and bodily injury, including death,
caused solely by the negligence or willful misconduct of Bremerton, its employees, or agents
in connection with the performance of this Agreement.
Port Orchard agrees to indemnify and defend Bremerton from any loss, cost, or expense
claimed by third parties for property damage and bodily injury, including death, caused solely
by the negligence or willful misconduct of Port Orchard, its employees, or agents in connection
with the performance of this agreement.
Section 9: Nondiscrimination: Bremerton shall not discriminate in employment or
INTERLOCAL AGREEMENT -5-
PORCHARD.AGT - Disk 13 - 1/30/96
services provided on the basis of race, color, national origin, sex, religion, age, marital status
or disability in employment or the provision of services.
Section 10; Subsequent Contracts: In the event Bremerton desires to provide
maintenance service to Port Orchard beyond December 31, 1998, Bremerton shall submit, in
writing, to Port Orchard and estimate of its monetary requirements no later than July 31, 1998.
In the event that Bremerton does not desire to provide maintenance service to Port Orchard
beyond December 31, 1998, Bremerton shall notify count, in writing, no later than July 31,
1998.
Section ll: Termination: This Agreement shall be terminated by either party, without
cause, upon twelve (12) months written notice to the other party, or for cause if either party fails
substantially to perform through no fault of the other and does not commence correction within
five (5) days of written notice and diligently completes the correction thereafter.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the dates and
year written below.
CITY OF BREMERTON
ON, Mayor
Date R
DEP OVAL:
W. EUGEN~ SAMP~ector of Public Works & Utilities
INT~.RLOCAL AGREEMENT --6--
PORCHARD.AGT - Disk 13 - 1/30/96
/~ PORT ORCHARD
DaM LESLIE J. WEATHERILL, MAYOR
~x~ ~L.~¢ Patricia Parks, City Cl~rk
INTERLOCAL AGREEMENT -7-
PORCHARD.AGT - Disk 13 - 1/30/96
APPENDIX "A"
The following is a list of the traffic signals that are covered by the Agreement and is hereby
appended to the contract:
1. Tremont Street/Sidney Avenue
2. Tremont Street/Pottery Street
INTERLOCAL AGREEMENT -8-
PORCHARD.AGT - Disk 13 - 1/30/96
WHEREAS, the City of Port Orchard owns the Traffic Control
Signals situated at the intersection of Tremont Street/Sidney
Avenue and Tremont Street/Pottery Street in the Port Orchard city
limits; and
WHEREAS, the City of Bremerton has personnel skilled in
maintaining traffic control equipment and is desirous of providing
maintenance services to the traffic control equipment owned and
operated by Port Orchard; NOW, THEREFORE,
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT
IS HEREBY AGREED AS FOLLOWS:
Seotion 1: Parties~ This Agreement is by and between the
City of Bremerton, hereinafter referred to as "Bremerton" and the
City of Port Orchard, hereinafter referred to as "Port Orchard".
Section 2: Term: This Agreement shall become effective on
January 1, 1993, and will terminate on December 31, 1995, at
11:59 p.m.
Section 3: Payment~ In consideration for the services
provided, Port Orchard shall pay Bremerton an annual sum of Two
Thousand Two Hundred Fifty-four Dollars ($2,254.00), per
intersection, for the first year of this Agreement, which amount
shall be due to Bremerton in monthly installments of One Hundred
Eighty-seven and 83/100 Dollars ($187.83) by the first day of each
month, beginning on January 1, 1993. At the beginning of each
successive year thereafter, the monthly payment due on January 1st
shall automatically be adjusted by the percentage change in the
"All Items" category of the Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W) as published by the Bureau of
INTERLOCAL AGREEMENT --1--
Traff~cA.Agt - 12/~/92
Labor Statistics of the U.S. Department of Labor for the Seattle-
Everett metropolitan statistical area (1982-84=100), as published
for the month of August. If at any time during the term of the
contract the practice of computing the Index for the City of
Seattle, shall be abandoned or altered by the U.S. Department of
Labor, and not assumed by some other federal or state governmental
agency, then there shall be substituted therefor in the City of
Bremerton's sole discretion the then most nearly comparable cost of
living index.
Section 42 Service Provi~e~
(a) Bremerton shall provide electronic, electrical repairs,
electrical inspection and preventive maintenance as requested or
directed by the Port Orchard City Engineer. Provided, Bremerton
shall not be required to perform major electrical repairs as
determined by the Port Orchard City Engineer and Bremerton's
Electronic's Supervisor; and, provided further, Bremerton shall not
be required to perform electrical repairs where labor costs exceed
$500.00 per occurrence.
(b) Bremerton shall provide repair parts which shall include,
but are not limited to, transistors, integrated circuit chips,
resistors, diodes, capacitors, tubes, wire, and modules; provided,
Bremerton shall not be required to provide major components and/or
assemblies; and, provided further, the determination of what
constitutes a major component and/or assembly shall be made by the
Port Orchard City Engineer and Bremerton's Electronics Supervisor.
Bremerton shall not be required to provide repair components and/or
assemblies in excess of Five Hundred Dollars ($500.00) in value.
(c) Bremerton shall provide labor and materials to repair
luminaries not to exceed Fifty Dollars ($50.00) per calendar year.
INTERLOCAL AGREEMENT -2-
Traff~cA.Agt - 1~/~2/92
(d) Bremerton shall provide an annual lamp change for all red
and green lamps. All yellow lamps and the 3M heads will be
relamped once every five (5) years. Bremerton will replace all
lamps and heads, as needed, upon breakage or burn-out.
(e) Bremerton shall provide labor and materials for the
repair of defective traffic signal loops. Bremerton shall not be
responsible for saw cutting and sealing of traffic signal loops,
replacement of loops due to damage created by contractors, or
additional loops necessary for intersection upgrade or design
change.
(f) In the performance of the services set forth in (a)
through (e) above, Bremerton shall be responsible for and shall
provide and pay all wages, salaries, tools, vehicle usage,
training, utilities, postage, freight, telephones, overhead costs,
and all other direct or indirect costs or expenses incurred.
Section 5: Equipment: Bremerton shall provide services
described in Section 4, for the traffic control equipment located
at the intersections of Tremont Street/Sidney Avenue and Tremont
Street/Pottery Street in Port Orchard. The equipment includes and
is limited to:
a. Traffic signal controller equipment;
b. Traffic signal indicator load switches;
c. Traffic signal detection equipment;
d. Traffic signal conflict monitor units;
e. Traffic signal pre-emption equipment (OPTICOM);
f. Traffic signal cabinet wiring;
g. Traffic signal loops; and
h. Street lighting, including control, ballast, photo cells,
igniters, and lamps.
INTERLOCAL AGREEMENT -3-
Traff~cA.Agt - 12/22/92
Section 6: Time of service= The services set forth in
Section 4 shall be available Monday through Friday during regular
business hours. After regular business hours and during weekends,
and holidays, Bremerton shall have available for Port Orchard,
those same services as it provides for its own needs. Provided,
during weekends, holidays or after regular hours, if Port Orchard
is unable to secure services from Bremerton listed in this
Agreement, then Port Orchard may secure such services elsewhere and
deduct the cost thereof from any amounts owing or to be owed to
Bremerton under the contract. Bremerton shall make available to
Port Orchard telephone numbers through which services can be
obtained.
Section 7~ General Conditions~
a. 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.
b. Amendments - The parties hereby further agree that
this Agreement cannot be amended or modified without the written
concurrence of both parties.
c. Notices Any notices required to be given by
Bremerton to Port Orchard, or by Port Orchard to Bremerton shall be
in writing and delivered to the following parties at the following
addresses:
Bremerton City Clerk Port Orchard City Clerk
239 Fourth Street 736 Prospect
Bremerton, WA. 98310 Port Orchard, WA. 98366
d. Waiver - Failure to insist upon strict compliance
with any terms, covenants or conditions of this Agreement shall not
be deemed a waiver of such, nor shall any waiver or relinquishment
INTERLOCAL AGREEMENT -4-
TrafficA.Agt - 12/22/92
of such right or power at any time be taken to be a waiver of any
other breach.
e. Compliance with State, Local and Federal Laws -
Parties agree to comply with all applicable local, state and
federal laws in performance of all services under this Agreement.
f. 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.
Section 8. Nondisorimin&tion: Bremerton shall not
discriminate in employment or services provided on the basis of
race, color, national origin, sex, religion, age, marital status or
disability in employment or the provision of services unless an
employment action based on a bona fide occupational qualification.
Bect~on 9: Subsequent Contracts: In the event Bremerton
desires to provide maintenance service to Port Orchard beyond
December 31, 1995, Bremerton shall submit, in writing, to Port
Orchard an estimate of its monetary requirements no later than July
31, 1995. In the event that Bremerton does not desire to provide
maintenance service to Port Orchard beyond December 31, 1995,
Bremerton shall notify Port Orchard, in writing, no later than July
31, 1995.
Section 10: Termination: This Agreement shall be terminated
by either party, without cause, upon six (6) months written notice
to the other party, or for cause if either party fails
substantially to perform through no fault of the other and does not
commence correction within five (5) days of written notice and
diligently completes the correction thereafter.
INTERLOCAL AGREEMENT -5-
/rafficA.Agt - 12/22/92
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the dates and year written below.
Date LOUIS MENT~)R, 'Mayor
ATTEST:
KATHLEEN ~USKEY
FORM:
IAN R.--~EVERS
City Attorney
~Date
INTERLOCAL AGREEMENT -6-
TrafficA.Agt - 12/22/92
INTERLOCAL AGREEMENT
WHEREAS, the City of Port Orchard owns the Traffic Control
Signal situated at the intersection of Tremont Street and Sidney
Avenue in the Port Orchard City limits; and
WHEREAS, the city of Bremerton has personnel skilled in
maintaining traffic control equipment and is desirous of providing
maintenance services to the traffic control equipment owned and
operated by Port Orchard; NOW, THEREFORE,
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT
IS HEREBY AGREED AS FOLLOWS:
Section 1: Parties: This Agreement is by and between the
City of Bremerton, hereinafter referred to as "Bremerton" and the
City of Port Orchard, hereinafter referred to as "Port Orchard".
Section 2: Term: This Agreement shall become effective on
January 1, 1990, and will terminate on December 31, 1992, at
11:59 p.m.
section 3: Payment: In consideration for the services
provided, Port Orchard shall pay Bremerton the sum of Two Thousand
Dollars ($2,000.00) for the first year of this Agreement, due to
Bremerton by January 1, 1990. At the beginning of each successive
year thereafter, the annual payment due on January 1st shall
automatically be adjusted by the percentage change in the "Ail
Items" category of the Consumer Price Index for Urban Wage Earners
and Clerical Workers (CPI-W) as published by the Bureau of Labor
Statistics of the U.S. Department of Labor for the Seattle-Everett
INTERLOCAL AGREEMENT -1-
metropolitan statistical area (1982-84=100), as published for the
month of August. If at any time during the term of the contract
the practice of computing the Index for the City of Seattle, shall
be abandoned or altered by the U.S. Department of Labor, and not
assumed by some other federal or state governmental agency, then
there shall be substituted therefor in the City of Bremerton's sole
discretion the then most nearly comparable cost of living index.
Sectio~ 4: Service Provided:
(a) Bremerton shall provide electronic, electrical repairs,
electrical inspection and preventive maintenance as requested or
directed by the Port Orchard City Engineer. Provided, Bremerton
shall not be required to perform major electrical repairs as
determined by the Port Orchard City Engineer and Bremerton's
Electronic's Supervisor; and, provided further, Bremerton shall
not be required to perform electrical repairs where labor costs
exceed $500.00 per occurrence.
(b) Bremerton shall provide repair parts which shall include,
but are not limited to, transistors, integrated circuit chips,
resistors, diodes, capacitors, tubes, wire, and modules; provided,
Bremerton shall not be required to provide major components and/or
assemblies; and, provided further, the determination of what
constitutes a major component and/or assembly shall be made by the
Port Orchard City Engineer and Bremerton's Electronics Supervisor.
Bremerton shall not be required to provide repair components and/or
assemblies in excess of Five Hundred Dollars ($500.00) in value.
(c) Bremerton shall provide labor and materials to repair
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luminaries not to exceed Fifty Dollars ($50.00) per calendar year.
(d) Bremerton shall provide an annual lamp change for all red
and green lamps. All yellow lamps and the 3M heads will be
relamped once every five (5) years. Bremerton will replace all
lamps and heads, as needed, upon breakage or burn-out.
(e) Bremerton shall provide labor and materials for the
repair of defective traffic signal loops. Bremerton shall not be
responsible for saw cutting and sealing of traffic signal loops,
replacement of loops due to damage created by contractors, or
additional loops necessary for intersection upgrade or design
change.
(f) In the performance of the services set forth in (a)
through (e) above, Bremerton shall be responsible for and shall
provide and pay all wages, salaries, tools, vehicle usage,
training, utilities, postage, freight, telephones, overhead costs,
and all other direct or indirect costs or expenses incurred.
Section $: Equipment: Bremerton shall provide services
described in Section 4, for the traffic control equipment located
at the intersection of Tremont Street and Sidney Avenue in Port
Orchard. The equipment includes and is limited to:
a. Traffic signal controller equipment;
b. Traffic signal indicator load switches;
c. Traffic $1gnal detection equipment;
d. Traffic slgnal conflict monitor units;
e. Traffic signal pre-emption equipment (OPTICOM);
f. Traffic signal cabinet wiring;
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g. Traffic signal loops; and
h. Street lighting, including control, ballast, photo cells,
igniters, and lamps.
Sectio~ 6: Time of Service: The services set forth in
Section 4 shall be available Monday through Friday during regular
business hours. After regular business hours and during weekends,
and holidays, Bremerton shall have available for Port Orchard,
those same services as it provides for its own needs. Provided,
during weekends, holidays or after regular hours, if Port Orchard
is unable to secures services from Bremerton listed in this
Agreement, then Port Orchard may secure such services elsewhere and
deduct the cost thereof from any amounts owing or to be owed to
Bremerton under the contract. Bremerton shall make available to
Port Orchard telephone numbers through which services can be
obtained.
Section 7: General Conditions:
a. 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.
b. Amendments - The parties hereby further agree that
this Agreement cannot be amended or modified without the written
concurrence of both parties.
c. Notices Any notices required to be given by
Bremerton to Port Orchard, or by Port Orchard to Bremerton shall
be in writing and delivered to the following parties at the
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following addresses:
Bremerton City Clerk Port Orchard City Clerk
239 Fourth Street 216 Prospect
Bremerton, WA. 98310 Port Orchard, WA. 98366
d. Waiver - Failure to insist upon strict compliance
with any terms, covenants or conditions of this Agreement shall not
be deemed a waiver of such, nor shall any waiver or relinquishment
of such right or power at any time be taken to be a waiver of any
other breach.
e. Compliance with State, Local and Federal Laws -
Parties agree to comply with all applicable local, state and
federal laws in performance of all services under this Agreement.
f. 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.
Se~tio~ 8. Nondiscrimination: Bremerton shall not
discriminate in employment or services provided on the basis of
sex, race, color, creed, or national origin, age, marital status,
physical, mental or sensory handicap unless an employment action
based on a bona fide occupational qualification.
Section 9: subsequent Contracts: In the event Bremerton
desires to provide maintenance service to Port Orchard beyond
December 31, 1992, Bremerton shall submit, in writing, to Port
Orchard an estimate of its monetary requirements no later than July
31, 1992. In the event that Bremerton does not desire to provide
maintenance service to Port Orchard beyond December 31, 1992,
INTERLOCAL AGREEMENT -5-
Bremerton shall notify Port Orchard, in writing, no later than July
31, 1992.
Section 10= Termination= This Agreement shall be terminated
by either party, without cause, upon six (6) months written notice
to the other party, or for cause if either party fails
substantially to perform through no fault of the other and does not
commence correction within five (5) days of written notice and
diligently completes the correction thereafter.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the dates and year written below.
CITY OF BREMERTON
Date G/~E LOBE, }4ayor
ATTEST:
KATHLEEN L. McCLUSKEY
ORM .-
IAN R.-S~EVERS
City Attorney
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' Date BY: l~ ~3~
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