HomeMy WebLinkAbout3622 Contract Number: . 3622
Vendor: SHELTON - CITY OF
Subject: Traffic Control Equipment Maintenance
Department: PW Ops
File Class: LEG 12-1
Begin Date: O1/Ol/1995
End Date: 12/31/2009
Review Date: 02/15/2011
Vault Date: O1/O1/2011
Comments: CPI 1/1 each year
Notice by 10/1 for any year for termination
Appendix A revised 11/O1
Termination received 9/09 effective 1/10
RECEIVED
OFFI(::E OF CITY CLERK
September 24, 2009
"Building A Stronger Community
TOGETHER"
~
City Clerk
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
CERTIFIED MAILING
#7006 2150 0002 9651 4305
Subject:
Interlocal Agreement, dated May 15, 1998
Per Section 2: Term:, of the Interlocal Agreement between the City of Shelton and the
City of Bremerton:
". . . This Agreement shall automatically be renewed on a calendar year basis
unless written notice of termination is given by either party by the preceding
October 1 of any such year."
The City of Shelton is tendering such notice of their intent to voluntarily terminate this
agreement for Traffic Signal Maintenance Services, effective January 1,2010. A copy of
this agreement in enclosed for you reference. If you have any questions, please feel free
to contact me at mmichael@ci.shelton.wa.us or my direct line number, 360-432-5125.
:dmkt
F:\Public Works\Interlocal Agreements\inactive agreements\Bremerton _traffic signals\Notice ofTermination.doc
Enclosure
cc: Shelton City Clerk
file
525 W. Cota St. - St1elton, WA 98584
(360) 426-4491 -FAX (360) 426-1338 - E-Mail: cityh<111@ci.shelton.wa.us *
Web Site: www.cLshelton.wa.us
WT4F:]~EAS, the City of Shdton owns and operates Traffic Control equipment situated ~
the City of Shelton; 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 Shelton;
NOW, THEREFORE,
IN CONSIDERATION OF THE MUTUAL COVENAN'IS CONTAINED HEREIN, rr IS
HEREBY AGREED AS FOLLOWS:
Section 1: Parties: This Agreement is by and between the City of Bremerton, hereinafter
referred to as "Bremerton" and City of Shelton, hereinafter referred to as "Shelton".
Section 2: Term: TNs Agreement shall become effective on January 1, 1998 for up to one
year, and ending on December 31, 1998. TNs Agreement shall automatically be renewed on a
calendar year basis unless written notice of termination is given by either party by the preceding
October I of any such year. Failure of either party to notify the other of such termination on or
before October 1 of any such year shall cause this Agreement to automatically be renewed for the
next ensuing calendar year.
Section 3: Payment: In consideration for the services provided, Shelton shah pay
Bremerton Two Hundred seventeen and 11/100 Dollars ($217. I 1) per month, per signal for the first
year of this agreement, due to Bremerton in quarterly installments thirty (30) days after receipt,
beginning on January 1, 1998. In the event that Shelton adds traffic control signals requiring
INTERLOCAL AGREEMENT - 1-
maintenance, Shelton 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 after receipt
and pro-rated to 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 in the
"All Items" category of the Consumer Price Index for All Urban Consumers (CPI-U) as published
by the Bureau of Labor Statistics of the U.S. Department 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 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 Bremerton's
sole discretion the then most nearly comparable cost of living index.
In addition to the above payments, Shelton shall pay Bremerton a surcharge of one (1) hour
travel time for each employee that responds to a call in Shelton, at the rate that Bremerton currently
charges other Bremerton Departments (for 1998 this is $30.00 per hour, rate shall be adjusted
annually through Treasurer's Office clearing rate), for which Bremerton will bill Shelton on a monthly
basis. Scheduled preventative maintenance will not be subject to this travel time surcharge.
Section 4: Service Provided:
(a) Bremerton shall provide electronic, electrical repairs, electrical inspection and preventative
maintenance as requested or directed by the Shelton City engineer. Provided, Bremerton shall not
be required to perform major electrical repairs as determined by the Shelton City Engineer and
Bremerton's Electronic's Supervisor, and, Provided, further, Bremerton shall not be required to
INTERLOCAL AGREEMENT -2-
perform electrical repairs where labor costs exceed Five Hundred and 00/100 Dollars ($500.00) per
occurrence.
(b) Bremenon 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 Shelton
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.
(c) Bremerton shall provide labor and materials to repair luminaries not to exceed Five
Hundred Dollars ($500.00) per calendar year.
(d) Bremerton shall provide annual lamp changes for all indications as required. All yellow
lamps and the 3M heads will be relamped once every (5) years. Bremerton will replace all lamps,
LED. indicators and heads, as needed, upon breakage or bum-ont. Shelton to provide red L.E.D.
indicators to replace red lamps at Shelton's cost. Bremetton will provide labor at no extra cost while
performing annual lamp change to install L.E.D. indicators.
(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
INTERLOCAL AGREEMENT -3-
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.
S~ction 5: Eqnipment: Bremerton shall provide services described in Section 4, for the
traffic control equipment located within Shelton. 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);
f. Traffic signal auxiliary cabinet wiring;
g. Traffic signal loops;
h. Miscellaneous flasher, school warning and fire station signaling equipment;
i. Street lighting at traffic signal locations, including control, ballast, photo cells,
igniters, and lamps;
j. Other street lighting locations, including control, ballast, photo cells, igniters, and
lamps; and
k. Traffic signal coordination - create, install and maintain timing places from data
provided by Shelton.
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
INTERLOCAL AGREEMENT -4-
$h~lm~Agl - NN ~ 1 - 3/15195
holidays, Bremerton shall have available for Sheltorg those same services as it provided for its own
needs. Provided, during weekends, holidays or after regular hours, if Shelton is unable to secure
services from Bremerton listed in this Agreement, then Shelton may secure such services elsewhere
and deduct the cost thereof fi.om any amounts owning or to be owed to Bremerton under the
contract. Bremerton shall make available to Shelton telephone numbers through which services can
be obtained.
S~:tio~ 7: Hold Harmless: Shehon agrees to defend, indemnify and save harmless the City, .
its appointed and elected officers and employees, fi.om and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense thereofbecanse of actions, claims
or lawsuits for damages resulting fi.om 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 or in consequence
of Shelton's performance of this Agreement, whether such injuries to persons or damage to property
is due to the negligence of Shelton, its subcontractors, agents, successors or assigns. This provision
shall be inapplicable to the extent such damage or inju~ is judicial found to be cause by the sole
negligence of the City.
Section $: 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
INTERLOCAL AGKEEMENT -5-
or modified without the written concurrence of both parties.
c. Notices - Any notices required to be given by Bremerton to Shelton, or by Shelton to
Bremerton shall be in writing and delivered to the following parties at the following addresses:
Bremerton City Clerk City of Shelton
239 Fourth Street City Hall
Bremerton, WA 98337 P.O. Box 1277
Shelton, WA 98584
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.
S~ction 9: Nondiscrimination: Bremerton shall not discriminate in employment or services
provided on the basis of race, color, national origin, sex, religion, age, marital stares or disability in
employment or the provision of services unless an employment action based on a bona fide
occupational qualification.
S~.ction 10: Termination: This Agreement 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
INTERLOCAL AGREEMENT -6-
s~,~.~,- ~ ~ ~ - 3/~9~
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.
1N WITNESS WHEREOF the parties hereto have executed this Agreement the dates and
year
written below.
CITY OF SHELTON CITY OF BREMERTON
L54xt~ S. HORTON, Mayor
FORM: APPROVED AS TO FORM:
~ZG'(IJE~/I' I~ANcA, City Attorney
~a~lfl~n~Cl-u's~y, City Clerk
INTERLOCAL AGREEMENT
APPENDIX "A"
1. Olympic Highway North & "K" Street
2. 7th & Alder
3. 7th & Railroad
4. 4th & Railroad
5. 13th & "K" Street
INTERLOCAL AGREEMENT -8-
INTERLOCAL AGREEMENT
WHEREAS, the City of Shelton, owns and operates Traffic Control equipment situated
within the City of Shelton; 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 Shelton; 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 Shelton, hereinafter referred to as "Shelton'.
Section 2: Term: This Agreement shall become effective on January 1, 1995, and will
terminate on December 31, 1995.
Section 3: Payment: In consideration for the services provided, Shelton shall pay
Bremerton the sum of $2,317.11 (Two Thousand, Three Hundred and Seventeen Dollars and
Eleven Cents) per signal for the first year of this Agreement, due to Bremerton in quarterly
installments by the tenth (10) day of each month, beginning on January 1, 1995. In the event that
Shelton adds traffic control signals requiring maintenance, Shelton shall pay the sum of $2,317.11
(Two Thousand, Three Hundred Seventeen Dollars and Eleven Cents), per year for each signal
added, which will be paid quarterly on the tenth (10) of each quarterly billing and pro-rated to the
date to activation of the traffic control signals. At the beginning of each successive year
thereafter, all annual payments to be paid quarterly shall automatically be adjusted by the
percentage change in the "All Items" category of the Consumer Price Index for Urban Wage
Earners and Clerical Works (CPI-W) as published by the Bureau of 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 July.
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.
In addition to the above payments, Shelton shall pay Bremerton a surcharge of one (1)
hour travel time for each employee that responds to a call in Shelton, at the rate that Bremerton
currently charges other Bremerton Departments (for 1994 this was $25.00 per hour), for which
Bremerton will bill Shelton on a monthly basis. Scheduled preventative maintenance will not be
subject to this travel time surcharge.
Section 4: Service Provided: (a) Bremerton shall provide electronic, electrical repairs,
~ectrical inspection and preventative maintenance as requested or directed by the Shelton City
Engineer. Provided, Bremerton shall not be required to perform major electrical repairs as
determined by the Shelton 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 (Five Hundred Dollars and no Cents) 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 Shelton 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.
(c) Bremerton shall provide labor and materials to repair luminaries not to exceed Five
Hundred Dollars ($500.00) 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 (5) years. Bremerton will replace all
lamps and heads, as needed, upon breakage or bum-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.
Sectign 5: Equipment: Bremerton shall provide services described in Section 4, for the
traffic control equipment located within Shelton. 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 auxiliary cabinet wiring;
g. Traffic signal loops;
h. Miscellaneous flasher, school warning and fire station signaling equipment;
i. Street lighting at traffic signal locations, including control, ballast, photo cells,
igniters, and lamps;
:\pw~signal,doc 2
j. Other street lighting locations, including control, ballast, photo cells, igniters, and
lamps; and
k. Traffic signal coordination - create, install and maintain timing places from data
provided by Shelton.
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 Shelton, those same services as it
provided for its own needs. Providec~ during weekends, holidays or after regular hours, if
Shelton is unable to secure services from Bremerton listed in this Agreement, then Shelton 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 Shelton 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 Shelton, or by Shelton to
Bremerton shall be in writing and delivered to the following parties at the following addresses:
Bremerton City Clerk City of Shelton
239 Fourth Street City Hall
City Hall P.O. Box 1277
Bremerton, WA 98310 Shelton, WA 98584
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 agrees 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: Nondiscrimination: Bremerton shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status
or disability, except employment actions based on a bona fide occupational qualification.
:XpwXsignal.doe 3
Section 9: Subsequent Contracts: In the event Bremerton desires to provide
maintenance service to Shelton beyond December 31, 1995, Bremerton shall submit, in
writing, to Shelton an estimate of its monetary requirements no later than September 1,
1995. In the event that Bremeton does not desire to provide maintenance service to
Shelton beyond December 31, 1995, Bremerton shall notify Shelton, in writing, no later
than September 1, 1995.
S~ti0n 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
theremfter.
IN WITNESS WHEP, EOF the parties hereto have executed this Agreement the
dates and year written below.
CITY OF BREMERTON
ATTEST:
Clerk ~
TO FORM:
City Attorney
January 23, 1995 ~_~
Date gayor ? ' /// -
ATTEST:
Clerk
~TO FORM:
(~i-~ney
AMMENDMENTS TO INTERLOCAL AGREEMENT WITH
CITY OF SHELTON
Section 2 should read: Term: This Agreement shall become effective on January 1, 1995,
and will terminate on December 31, 1997.
Section 3 should have both occurences of the amount $2,317.11 changed to $2,377.36
and the written out amount changed accordingly.
Prior to the start ora contract, the City of Bremerton would inspect all intersections
(Appendix A) to determine the condition of all equipment. If the City of Bremerton deems that
any equipment needs repair or replacement, the cost for repairs or replacement will be made by
the City of Shelton. All Traffic Signal lamps and Luminaire lamps will be changed prior to the
start of contact.
APPENDIX A
1. Olympic Highway North & "K" Street
2. 7th & Alder
3. 7th & Railroad
4. 4th & Railroad
:Xpw~signal.doc 5