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HomeMy WebLinkAbout3453 +-------------------------------------------------~------------------------+ ;~rowse: Next Previous First Last Update Delete Restart X - Exit '~etrieve the Next record ',-Found: 1 Record (s) MAINTAIN Contract Transactions ,. Contract Number 3453 ,. ,.Vendor Name KITSAP CO PUBLIC WORKS ,.Subject TRAFFIC CONTROL SIGNAL MAINTENANCE ~Department PW - OPS --Status Code GOV 1- 1- _I- Insurance Type Amount Amount Begin Date End Date Review Date 1- Insurance Total Insurance Review Date Comments TERMINATION NOTICE RECEIVED 6/03 VAULT 01/01/2005 ,. ,. +--------------------------------------------------------------------------+ +--~~----------------~------------------------------------------------------+ ;'Enter Search Criteria, Press Ese Key to Transmit + '~ress Del Key to Terminate Delete Mode t CHANGE Contract Transactions .. Contract Number 3453 .. - -Vendor Name '-Subj ect ~ =Department - -Status Code KITSAP CO PUBLIC WORKS TRAFFIC CONTROL SIGNAL PW - OPS GOV MAINTENANCE " Insurance Type Amount Amount Begin Date End Date Review Date .. $106708.50 02/01/1993 .. 12/31/2003 .. 01/01/2005 .. H $0.00 ~ .. , ,I, Insurance Total Insurance Review Date Comments TERMINATION NOTICE RECEIVED 6/03 VAULT 01/01/2005 " +--------------------------------------------------------------------------+ Kitsap County Prosecuting Attorney's Office Russell D. Hauge PLEASE REPLY TO: CIVIL DIVISION Prosecuting Attorney June 9, 2003 Carol 1. Maves Office Administrator Bremerton City Clerk 239 Fourth Street Christian C. Casad Case Management Bremerton WA 98337 Division Chief Michael B. Savage RE: Bremerton/Kitsap County Interlocal Agreement for Traffic Control Signal Maintenance Trial (Kitsap County Contract #KC-438-98) Division Chief Jeffrey J. Jahns Greetings: District/Municipal Division Chief Pursuant to the termination provisions of the contract referred above, please Greg R. Hubbnrd take notice that the services of the City of Bremerton shall terminate on December 31, Juvenile Division Chief 2003· The county Public Works Department shall, from and after the termination Jacquelyn M. Aufderheide date, no longer require the services of the City of Bremerton. Achng Civil/ Child Support Thank you for your attention to this matter and please feel free to call upon Division Chief me with any questions you may have· Very truly yours, RUSSELL D. HAUGE Prosecuting Attorney Kevin M. Howell Deputy Prosecuting Attorney KMH/sLs cc: DAVE SMITH, MS-26 ROBERT E. TULP Adult Criminal & Adminiatratiw Divisiol~ · 6t 4 Division S~c~t, MS-35 · Po~ Orchard, W~hing~on 98366-4681 - (360) 337-7174 · FAX (360) 337-4949 INTERLOCAL AGREEMENT WHEREAS, Kitsap County owns Traffic Control Signals situated within Kitsap County; and WHEREAS, the City of Bremenon has personnel skilled in maintaining traffic control equipment and is desirous of providing maintenance services to the traffic control equipment owned and operated by County; NOW, TI~REFORE, 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 Kitsap County, hereinafter referred to as "County". Section 2: Term: This Agreemem shall become effective on January 1, 1999 for up to one year, and ending on December 31, 1999. This Agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the proceeding October 1 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, County shall pay Bremerton One Hundred Forty-eight and 96/100 Dollars ($148.96) per month, per signal for the first year of this agreement, due to Bremerton in monthly installments thirty (30) days after receipt, beginning on January 1, 1999. In the event that County adds traffic control signals requiring maintenance, County shall pay the sum of One Hundred Forty-eight and 96/100 Dollars ($148.96) INTERLOCAL AGREEMENT - 1- per month, per signal for each signal added, which will be paid monthly thirty (30) days al~er 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. Section 4: Service Provided: (a) Bremerton shall provide electronic, electrical repairs, electrical inspection and preventative maintenance as requested or directed by the County Engineer. Provided, Bremerton shall not be requked to perform major electrical repairs as determined by the County Engineer and Bremerton's Electronic's Supervisor, and, Provided, further, Bremerton shall not be required to perform electrical repairs where labor costs exceed Five Hundred and 00/100 Dollars ($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 County City Engineer and Bremerton's Electronics Supervisor. 1NTERLOCAL AGREEMENT -2- 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 ten (10) years. Bremerton will replace all lamps, or L.E.D. indicators and heads, as needed, upon breakage or burnout. County to provide red L.E.D. indicators to replace red lamps at County's cost. Bremerton 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 necessa~ 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 within County. The equipment includes and is limited to: a. Traffic signal controller equipment; b. Traffic signal indicator lead switches; INTERLOCAL AGREEMENT -3- 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 lighfmg 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 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 County, those same services as it provided for its own needs. Provided, during weekends, holidays or after regular hours, if County is unable to secure services from Bremerton listed in this Agreement, then County may secure such services elsewhere and deduct the cost thereof from any amounts owning or to be owed to Bremerton under the contract. Bremerton shall make available to County 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 INTERLOCAL AGREEMENT -4- Keoumy. A~ - Nlq A~nt~ I - 6/7/~ 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 County, or bi Count~/to Bremerton shall be in writing and delivered to the following parties at the following addresses: Bremerton City Clerk Kitsap County Traffic Engineer 239 Fourth Street Public Works Department Bremerton, WA 98337 614 Division Street MS-26 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. fi 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 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. Section 9: 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 substantially INTERLOCAL AGREEMENT -5- 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 therea~er. IN WITNESS WHEREOF the parties hereto have executed this Agreement the dates and year written below. BOARD OF COUNTY COMMISSIONS CITY OF BREMERTON COMMISSIONER BY: (/ /f..~/,~/,/A-,,~ ~ GLLe"N~A~MA~kNCA, City Attorney APPROVED AS TO FORM: Kathleen McCluskey, City ~erk INTER. LOCAL AGREEMENT -6- APPENDIX "A" The following is a list of the traf~c signal, flasher, school warning, fire signal, and street lighting installations that are covered by the Agreement and is hereby appended to the contract: SIGNALS 1. Anderson I-rail Road & Provost Road 2. Bethel Avenue & Wal-mart 3. Bucklin ~ Road & Mickelberry Road 4. Bucklin Hill Road & Randall Way 5. Bucldin Hill Road & Tracyton Boulevard 6. Central Valley Road & Fairgrounds Road 7. Kitsap Mall Boulevard & Plaza Road 8. Kitsap mall Boulevard & Randall Way 9. Lund Avenue & Bethel Avenue 10. Lund Avenue & Jackson Avenue 11. Mickelberry Road & Myhre Road 12. Mickelberry Road & Ridgetop Boulevard 13. Mile Bill & Village Lane 14. National Avenue & Loxie Egans Boulevard 15. Pine Road & Riddell Road 16. Randall Way & North Point Mall 17. Ridgetop Boulevard & Hillsboro Drive 18. Ridgetop Boulevard & Myhre Koad 19. Ridgetop Boulevard & Pinnacle 20. Silverdale Way & Bucklin Bill Road 21. Silverdale Way & Byron Street 22. Silverdale Way & District 1 Fire Station 23. Silverdale Way & East Kitsap Mall Entrance 24. Silverdale Way & Kitsap Mall Boulevard 25. Silverdale Way & Myhre Road 26. Silverdale Way & Pedestrian Crossing 27. Silverdale Way & Randall Way FLA$~r~RS 28. Lincoln Road & Widme Road (Eagles Approach) 29. Waghom Road & Pioneer Way 30. Clear Creek Road & HalfNfile Road 31. Brownsville Hiway S-curves (2 units) 32 Bucklin Court 33. Alder & Jacobsen 34. Trenton Avenue & East 30th 35. Newberry ~ Road & Dickey Road IN?ERL,OCAL AGREEPIENT -7- 36. Seabeck Hiway & Holly Road 37. Seabeck Hiway & Newbe~ I-~ Road 38. Silverdale Way & Anderson ~ Road Crosswalk 39. Southworth Drive at Harper Dock 40. Southworth Drive at Stolhton Road 41. Sylvan & Trenton 42. Sydney & Lider SCHOOL FLAS~q~RS 43. West Kingston Road - Kingston Junior High School 44. Barber Cut-offRoad - Gordon Elementa~ 45. Waghom Road - Bri~_~blik Elementary 46. Clear Creek Road - Montissouri School (Private) 47. Olympic View Road - Cougar Valley Elementary 48. Central Valley Road at Foster - Cottonwood Elementa~ 49. Central Valley Road - WoodlawnElementa~ 50. Tracyton Boulevard (May Street) - Tracyton Elementary STREET LIGHTING All Street Lighting Mounted on Tra~c Poles at intersections. ** All other street lighting, time & materials, by request INTERLOCAL AGREEMENT -8- AMENDMENT No 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP COUNTY PUBLIC WORKS, CONTRACT # KC 12%96 DATED APRIL 8, 1996 Amendment to INTERLOCAL AGREEMENT dated April 8, 1996, between Kitsap County Public Works and the City of Bremerton: 1. Add Section 12 to read: Upon agreement between the Kitsap County Traffic Engineer and the City of Bremarton Electronics' Supervisor for any other services not previously referred to, such services shall be billed at $55.00 per hour for labor, reimbursement for materials at cost, and equipment costs at a rate agreed upon by the YAtsap County Traffic Engineer and the Bremerton Electronics' Supervisor, not to exceed a total cost of Four thousand five hundred dollars. ($4,500.00) DATED THIS ~o~ DAY OF ~[.,~, 1996. CITY OF BREMERTON BOARD OF COUNTY COMIvlISSIONERS Director of Public Works & Utilities CO~q~iMI~IONER A'ITI~ST: Holly Anderson Clerk of the Board AMENDMENT No 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP COUNTY PUBLIC WORKS, CONTRACT # KC 127-96 DATED APRIL 8, 1996 Amendment to INTERLOCAL AGREEMENT dat~xl April 8, 1996, between Kitsap County Public Works an.d the City of Bremerton: 1. Add Section 12 to read: Upon agreement between the Kitsap County Traffic Engineer and the City of Bremenon Electronics' Supervisor for any other services not previously referred to, such services shall be billed at $55.00 per hour for labor, reimbursement for materials at cost, and equipment costs at a rate agreed upon by the Kitsup County Traffic Engineer and the Bremenon Electronics' Supervisor, not to exceed a total cost of Four thousand five hundred dollars. ($4,500.00) DATED THIS DAY OF ,1996. CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON D COMMISSIONER COMMISSIONER ATI'gST: Holly Anderson Clerk of the Board INTERLOCAL AGREEMI~NT WHEREAS, Kitsap County owns all Traffic Control Signals situated within Kitsap County; 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 Kitsap County; 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 Kitsap County, hereinafter referred to as "County". 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 ~I; Payment: In consideration for the services provided, County shall pay Bremerton the sum of One Hundred Thirty Thousand Seven Hundred Ninety-one and 08/100 Dollars ($130,791.08) for the term of this Agreement, due to Bremerton in equal monthly installments in the amount of Three Thousand Six Hundred Thirty-three and 09/100 Dollars ($3,633.09) In the event that the County adds traffic signals requiting maintenance, the County shall pay the sum on One Thousand Six Hundred Seventy-six and 81/100 Dollars ($1,676.81), 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- 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 Kitsap County Traffic Engineer; Provided, That Bremerton shall not be required to perform major electrical repairs as determined by the Kitsap County Traffic 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; INT]~LOCAL AGREEMENT -2- 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 Kitsap County Traffic 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 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) Upon approval of the Kitsap County Traffic Engineer, Bremerton shall provide parts for upgrade of traffic signals, and will bill the County 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 re~sible 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. SectionS.' 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- 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 (OPTICOMg; f. Traffic signal cabinet wiring; g. Traffic signal loops; and h. Street lighting, including control, ballast, photo cells, igniters, and lamps. ~ Time of Service: The sen, ices 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 County, those same services as it provides for its own needs. Provided, That during weekends, holidays or after regular hours, if County is unable to secure services from Bremerton listed in this Agreement, then County 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 County telephone numbers through which services can be obtained. ~ Geneeal 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. INTERLOCAL AGREEMENT -4- TRAPI~CC.AOT- Disk 13 - 111~6 c. Notices - Any notices required to be given by Bremerton to County, or by County to Bremerton shall be in writing and delivered to the following parties at the following addresses: Bremerton City Clerk Kitsap County Traffic Engineer 239 Fourth Street Public Works Department Bremertofl, WA 9833'/ 614 Division Street MS-26 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 fight 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 applieable 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 shail be in Kitsap County Superior Court. Se~ion 8: Hold Harmless: Bremerton agrees to indemnify Kitsap county 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. Kitsap County 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 Kitsap County, its employees, or agents in connection with the performance of this ~greement. INTERLOCAL AGREEMENT -5- Seetlon ~: Nondiscrlm~nntion: Bromerton 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. ~ Subsequent Contracts: In the event Bremenon desires to provide maintenance service to County beyond December 31, 1998, Bremerton shall submit, in writing, to County 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 County beyond December 31, 1998, Breme~ton shall notify coun~ in writing, no later than July 31, 1998. ~ 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 Date LYNN HORTON, Mayor EUGENE S~, Director of Public Works & Utilities INTERLOCAL AGREEMENT -6- ~ FORMi-~-~rney BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON COMMISSIONER ~k~.~Lx_~.~ NOT PRESENT Clerk of~e Board COMMISSIONER INTERLOCAL AGREEMENT -7- TRAFFICC.AGT. D~k 13 - 1110/96 APPENDIX The following is a list of the traffic signal, flasher, school warning, fire signal, and street lighting installations that are covered by the Agreement and is hereby appended to the contract: 1. Anderson Hill Road & Provost Road 2. Bethel Avelllle & Wal-mart (to be added 1st Qtr 1996) 3. Bucklin Hill Road & Mickelberry Road 4. Bucklin Hill Road & Randall Way 5. Bucklin Hill Road & Tracyton Boulevard 6. Central Valley Road & Fairgrounds Road 7. Kitsap Mall Boulevard & p~a,a Road 8. Kitsap mall Boulevard & Randall Way 9. Lurid Avenue & Bethel Avenue 10. Lund Avenue & Jackson Avenue 11. Mickelberry Road & Myhre Road 12. 1Vlick~lberty Road & Ridgetop Boulevard 13. Mile Hill & Village Lane 14. National Avenue & Loxie Egans Boulevard 15. Pine Road & Riddell Road 16. Randall Way & North Point Mall 17. Ridgetop Boulevard & l~ilkboro Drive (to be added 1st Qtr 1996) 18. Ridgetop Boulevard & Myhre Road 19. Ridgetop Boulevard & Pinnacle (to be added 1st Qtr 1996) 20. Sidney Road & Sedgewick Road 21. Silverdale Way & Bucklin Hill Road 22. Silverdale Way & Byron Street 23. Silverdale Way & District I Fire Station 24. Silverdale Way & East Kitsap Mall Entrance 25. Silverdale Way & Kitsap Mall Boulevard 26. Silverdale Way & Myhre Road 27. Silverdale Way & Pedestrian Crossing 28. Silverdale Way & Randall Way 1. Lincoln Road & Widme Road (Eagles Approach) 2. Waghorn Road & Pioneer Way 3. Clear Creek Road & Half Mile Road INTERLOCAL AGREEMENT -8- 4. Brownsville Hiway S-curves (2 units) 5. Bucklin Court 6. Alder & Jacobsen 7. Trenton Avenue & {~-~t 30th 8. Newberry Hill Road & Dickey Road 9. Seabeck Hiway & Holly Road 10. Senbeck Hiway & Newberry Hill Road 1 l. Silverdale Way & Anderson Hill Road Crosswalk 12. Central Valley & Foster Road 13. Southworth Drive at Harper Dock 14. Southworth Drive at Stolhton Road SCHOOL FLASH~R,~ 1. West Kingston Road - Kingston 1unior High School 2. Barber Cut-off Road - Gordon Elementary 3. Wa~horn Road - Briedablik Elementary 4. Clear Creek Road - Montissouri School (Private) 5. Olympic View Road - Cougar Valley Elementary 6. Ridgetop Boulevard at Boardwalk - Ridgetop Junior High School ?. Central Valley Road at Foster - Cottonwood Elementary $. Central Valley Road - Woodlawn Elementary 9. Tracyton Boulevard (May Street) - Tracyton Elementary I. Newber~ Hill Road at Chico Way 2. All Street Lighting Mounted on Traffic Signal Poles at Intersections INTERLOCAL AGREEMENT -9- TRAFFICC.AOT- Disk 13 - 1/10/96 INTERLOCI~ A~REEMENT WHEREAS, Kitsap County 9wns all Traffic Control Signals situated within Kitsap County~ 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 Kitsap County; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUALCOVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: ~~ P&rtiss= This Agreement is by and between the City of Bremerton, hereinafter referred to as "Bremerton" and Kitsap County, hereinafter'referred to as "County". ~e~t~on ~ Ter~ This Agreement shall become effective on February 1, 1993, and will terminate on December 31, 1995, at 11:59 p.m. Seotion 3~ Payments In consideration for the services provided, County shall pay Bremerton the sum of One Hundred Six Thousand Seven Hundred Eight and 50/100 Dollars ($106.708.50) for the term of this Agreement, due to Bremerton in equal monthly installments in the amount of Two Thousand Nine Hundred Slay-four and 13/100 Dollars ($2,964.13). In the event that the County adds traffic signals requiring maintenance, the County shall pay the sum of One Thousand Five Hundred Forty-six and 50/100 Dollars ($1,546.50), per year, for each signal added, due to Bremerton in equal monthly installments. Payment for additional lights shall be INTERLOCAL AGREEMENT-i- 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. 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 "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 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 as mutually agreed the most nearly comparable cost of living index. ~~ service Provi~ed~ (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'Kitsap County Traffic INTERLOCALAGREEMENT -2- T~FFX~.AGTo ~11/93 Engineer; Provided, That Bremerton shall not be required to perform major electrical repairs as determined by the Kitsap County Traffic Engineer and Bremerton's Electronic'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; 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 Kitsap County Traffic 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 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) Upon approval of the Kitsap County Traffic Engineer, Bremerton shall' provide parts for upgrade of traffic signals, and INTERLOCALAGREEMENT -3- T~FFZ~.A~ - ~11/~ will bill the County 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 responsibl~ 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. Se~tion~: 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: 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. · l~tion 6: Ti~s of Service: The services set forth in Section 4 shall be available Monday through Friday during regular INTERLOCALAGREEMENT -4- T~FFI~.~T - business hours. After regular business hours and during weekends, and holidays, Bremerton shall have available for County, those same services as it provides for its own needs. Provided, That during weekends, holidays or after regular hours, if County is unable to secures services from Bremerton listed in this Agreement, then County may secure such services elsewhere and deduct the cost thereof from any amounts owing or to be owed to Bremerton under the contract. Eremerton shall make available to County telephone numbers through which services can be obtained. Section 7= General Conditicns~ 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 County, or by County to Bremerton shall be in writing and delivered to the following parties at the following addresses: Bremsrton City Clerk Kitsap County 239 Fourth Street Traffic Engineer Bremerton, WA. 98310 Public Works Department 614 Division Street Mail Stop 26 Port Orchard, WA. 98366 d. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be INTE~LOCAL AGREEMENT -5- T~FF~.AGT - 2/11/~ 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_~. Hold Harmlessz Bremerton agrees to' indemnify Kitsap County from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or wilful misconduct of Bremerton, its employees, or agents in connection with the performance of this Agreement. Kitsap County 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 wilful misconduct of Kitsap County, its employees, or agents in connection with the performance of this Agreement. ~. Non~iseri~ainetion~ 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. ~z Subsequent Contraots~ In the event Bremerton INTERLOCAL AGREEMENT -6- desires to provide maintenance service to County beyond December 31, 1995, Bremerton shall submit, in writing, to County 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 County beyond December 31, 1995, Bremerton shall notify County, in writing, no later than July 31, 1995. ~~ Term~nation~ 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 subs%antially 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 LOUIS MEN~O~, Mayor AT'~,,F_.~q!: ~,\ ~N~I~./I?.' f~cCLUSKEY APPROVED AS TO FO~: rney I~~ AGRE~ -7- T~FI~.AGT - ~1~/~ BOARD OF COUNTY COMMISSIONERS KITSAP COU~Y, WASHINGTON CH~IP/~AN, WIN GRANLUND ATTEST: ~O~LY AND~ INTERLOCAL AGREEMENT --8-- TRAFFICC.AGT - Z/11/~3 APPENDIX "A" The following is a list of traffic signal, flasher, school warning, fire signal and street lighting installations that are covered by this Agreement and is hereby appended to the contract: ~CAT~ON: 1) Alder & Jacobson Flasher 2) Anderson Hill Road & Provost Road 3) Bethel Avenue &Lund Avenue 4) Bucklin Court Flasher 5) Bucklin Hill Road & Mickelberry Road 6) Bucklin Hill Road & Randall Way 7) Bucklin Hill Road & Tracyton Blvd. 8) Central Valley Road & Bucklin Hill Road 9) Central Valley Road & Fairgrounds Road 10) Central Valley Road & Foster School Crossing 11) Central Valley School Warning Flashers 12) Clear Creek & Half Mile Road Flasher 13) Clear Creek & Montessori School Flashers 14) Cougar Valley School Flashers 15) East 30th a Trenton Flasher 16) Jackson Avenue &Lund Avenue 17) Kingston Junior High School Flashers 18) Kitsap Mall Blvd. & Plaza Road ' 19) Kitsap Mall Blvd. & Randall Way 20) Lincoln Road and Widme Road Flasher 21) Mickelberry Road & Ridgetop 22) National Avenue & Loxie Egans Blvd. 23) Newberry Hill & Dickey Flasher 24) Newberry Hill Street Lighting 25) Pine Road & Riddell Road 26) Ridgetop Junior High School Flashers 27) Se&beck Highway & Holly Flasher 28) Se&beck Highway & Newberry Hill Flasher 29) Sedgwick & Long Lake Flasher 30) Sidney & Lider Warning Flasher 31) Sidney Road & Sedgwick Road 32) Silverdale Way & Anderson Hill Crossing 33) Silverdale Way & Bucklin Hill Road 34) Silverdale Way & Byron Street 35) Silverdale Way & District i Fire Station 36) Silverdale Way & Kitsap Mall Blvd./Ridgetop Blvd. 37) Silverdale Way & Kitsap Mall Entrance 38) Silverdale Way & Myre Road 39) Silverdale Way & Randall Road 40) Silverdale Way & Waaga Way off-ramp 41) Silverdale Way Pedestrian Crossing 42) Sylvan & Trenton Flasher 43) Tracyton School Warning Flashers 44) Waghorn Road & Briedablik School Flashers APPENDIX "A"