058-10 - Kitsap County - ContractINTERLOCAL AGREEMENT KC-324-10 BETWEEN
KITSAP COUNTY AND THE CITY OF PORT ORCHARD (Contract No. 058-10)
REIMBURSABLE WORK PERFORMED BY
KITSAP COUNTY PUBLIC WORKS
This Interlocal Agreement is made and entered into pursuant to the provisions of
Chapter 39.34 RCW by and between the County of Kitsap (hereinafter County) and the
City of Port Orchard (hereinafter the City).
RECITALS
WHEREAS, The City of Port Orchard owns and operates Traffic Control equipment
situated within the City of Port Orchard; and
WHEREAS, Kitsap County 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 County and the City.
Section 2: Term. This agreement shall become effective on January 1, 2011 for up to
one year and ending on December 31, 2011. This Agreement shall automatically be
renewed on calendar basis unless either party gives written notice of termination by the
preceding October 1st of any such year. If no notice is given this Agreement shall be
automatically renewed for the next ensuing calendar year.
Section 3: Payment. In consideration for the services provided, the City shall pay the
County two hundred eighty dollars and seventy six cents. (280.76) per month, per signal
or group of up to 5 warning flashers or other like item, Exhibit A, for the first year of the
Agreement, due to the County in quarterly installments thirty (30) days after receipt of
an invoice, beginning on January 1, 2011. In the event that the City adds traffic control
signals requiring maintenance, the City shall pay the sum of two hundred and eighty
dollars and seventy six cents (280.76) per month, per signal for each signal added,
which will be paid quarterly thirty (30) days after receipt of an invoice and pro -rated to
the date of 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 -Bremerton 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 therefore in the County's sole discretion the
most nearly comparable cost of living index.
Section 4: Services Provided,
A) The contract shall cover the annual maintenance and the re -lamp visits of all of
the signals and lighting systems covered in the contract. In addition, a repair
reserve will be created in the amount of $750.00 per year per signal covered in
the contract. This reserve shall be used to cover the cost of time and materials
for the repairs not included in the annual maintenance and re -lamp visits. Once
the reserve is exhausted the City shall then pay additional cost on a time and
materials basis for work requested by the City. The City may be required to
replace, any major piece of equipment totaling more than $500.00. The City may
have the option to have the County assist in the ordering and acquisition of major
replacement equipment
B) The County shall provide annual maintenance of the traffic signals covered by
the contract. The annual maintenance of the traffic signal will consist of a
complete inspection of the traffic signal, conflict monitor testing, cleaning the
cabinet and electronic components, and complete overhead inspection and
cleaning. The County shall perform a monthly visual operation analysis of the
signal covered by the contract to detect any malfunctions and failures.
C) The County shall perform an annual re -lamp on all required indications. All 3M
heads will be re-lamped once every five (5) years. The City shall have the option
to provide LED modules to change out lamps or outdated LEDs at the City's
expense. The County will provide labor at no extra cost while performing annual
lamp change and retrofit heads to LEDs. The replacement of any LEDs due to
failure will be charged against the reserve.
D) The City shall have the option to have the County repair City owned street
lighting systems. This work shall be charged on a time and materials basis and
can be charged against the reserve at the City's option.
E) The County shall coordinate and inspect the replacement and installation of
failed traffic signal loops by a contractor when requested to do so by the City.
This shall not be considered annual maintenance and will be charged against the
reserve.
F) The City shall have the option to have the County upgrade City owned traffic
signal equipment and other related electronic and electrical traffic control
equipment. This work shall be charged on a time and materials basis and can be
charged against the reserve at the City's option.
G) The City shall have the option to use the County as a construction management
consultant for the purpose of assisting in the design and inspection of new traffic
signal and lighting systems. This shall not be considered annual maintenance
and will be charged on a time and materials basis.
H) In the performance of the services set forth in A through G above, The County
shall be responsible for and shall provide and pay all wages, salaries, tools,
vehicle usage, training, postage, freight, telephones, overhead cost, and all other
direct or indirect costs or expenses occurred. In the event that the repair reserve,
is exhausted the City shall then reimburse the CountV on a time and materials
basis.
Section 5: Equipment. The County shall provide services described in Section 4 for
the traffic control equipment located within the City. The equipment includes and is
limited to. -
A. Traffic Signal Controllers
B. Load Switches
C. Detection equipment
D. Conflict Monitor Units
E. Pre -exemption Equipment
F. Auxiliary cabinet wiring
G. Traffic Signal Loops
H. Traffic Signal and Street light circuit wiring
1. Signal heads, Pedestrian Heads, and LED's
J. Miscellaneous flasher, school warning, and fire station signaling equipment
K. Street Lighting Equipment
L. Traffic Signal Coordination -create, install, and maintain timing plans from data
provided by the City.
Section 6: Time of Service. The County shall provide additional coverage 24
hours a day and 7 days a week for all traffic signal failures and malfunctions. If
the City is unable to secure services listed in this agreement from the County in a
timely manner, then the City may secure such services elsewhere and deduct the
cost thereof from any amounts owing or to be owed to the County under the
contract. Coverage shall also be provided for emergency situations including and
not limited to damage caused to traffic signals and streetlights by traffic accidents
and weather conditions. The City shall have the option to secure services from
another agency at their own cost for emergency response situations if the County
is unable to respond in a timely manner. Failures, malfunctions and damages
shall not be considered annual maintenance and will be charged against the
reserve.
Section 7: Hold Harmless.
A) The City agrees to defend, indemnify, and hold harmless the County, its
appointed and elected officials, officer, and employees from and against any and
all liability, loss, cost, damage, and expense resulting from, sustained, or alleged
to have been sustained by, directly or indirectly, in or out of consequence of the
County's performance of this Agreement, whether such injuries to persons or
damage to property is due to negligence of the City, its subcontractors, agents,
successors or assigns. This includes costs and attorney's fees in defense of
actions, claims or lawsuits for damages resulting from personal or bodily injury,
including death at any time. This provision shall be inapplicable to the event such
damage or injury is caused by the negligence of the County.
B) The County agrees to defend, indemnify, and hold harmless the City, its
appointed and elected officials, officer, and employees from and against any and
all liability, loss, cost, damage, and expense resulting from, sustained, or alleged
to have been sustained by, directly or indirectly, in or out of consequence of the
City's performance of this Agreement, whether such injuries to persons or
damage to property is due to negligence of the County, its subcontractors,
agents, successors or assigns. This includes costs and attorney's fees in
defense of actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death at any time. This provision shall be inapplicable to
the event such damage or injury is caused by the negligence of the City.
C) This Section 7 shall survive the termination of this Agreement.
Section 8: 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 this Agreement.
B. Amendments. The parties hereby further agree that this Agreement cannot be
amended or modified without written concurrence of both parties.
C. Notices. Any notices required to be given by the County to the City, or by the
City to the County, shall be in writing and delivered to the following parties at
the following addresses:
Kitsap County Public Works
614 Division Street MS-26
Port Orchard, WA 98366
City of Port Orchard
City Hall
216 Prospect Street
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 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 to
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 9: Nondiscrimination. The County shall not discriminate in employment or
service 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 is based on a bona fide occupational qualification.
Section 10: Termination. In addition to the terms set forth in Section 2, above, this
Agreement may be terminated by either party upon six (6) months written notice to the
other party 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
complete the correction thereafter.
Section 11: No Joint Venture. This is not an agreement of joint venture or partnership.
No provision of this contract shall be construed so as to make either party individually or
collectively a partner or joint venture with the other party. Neither party is an agent of
the other.
Section 12: Filing with County Auditor. Inter -local agreements such as this one must
be filed with the County Auditor or posted on each party's web site.
IN WITNESS WHEREOF the parties hereto have executed this agreement at the dates
and year written below.
DATED this , day of :5eZ2je E' F , 2010.
City of Port Orchard
Date
ATT T:
atricia J. Aftp6trick, CMC, City Clerk
Approved as to Form:
Gregory A. c by, C1 Attorney
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
//
JOSH BROWN, Chair
41L"6e
STEVE BAUER, Commissioner
i0j,
CHARLOTTE ... D•
, Commissioner
ATTEST:
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O ROBERTSON
Clerk of the Board
c oM 44
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Exhibit A
5 Traffic Signals
Tremont & Sidney Ave
Tremont & Port Orchard Blvd
Tremont & Pottery Ave
Tremont & South Kitsap Blvd
Sidney Ave & Sedgewick Rd
4 Warning Flashers/ Devices
Bay Street Lighted Crosswalk
Cedar Heights Junior High School Flasher(2 units)
Mile Hill Radar Speed Sign
w
REQUEST AND AGREEMENT
FOR REIMBURSABLE WORK PERFORMED BY
KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS
The undersigned hereby requests that the following described work and/or service be
performed by the Kitsap County Department of Public Works for the agency and/or
department shown below. It is understood that this work will be done at the convenience
of the Department of Public Works and that the undersigned agency and/or department
will reimburse all costs.
DESCRIPTION OF WORK OR SERVICES REQUESTED:
Estimate Attached: Yes No
Projected Completion Date:
Total Cost Not to Exceed $
The undersigned certifies that sufficient budgeted funds are available to cover the cost
of the requested work and/or services, and that payment to the Kitsap County
Department of Public Works will be made promptly unless otherwise modified in this
agreement.
REQUESTING AGENCY:
Address:
Phone:
Requested by:
FAX:
Name (Please Print) Title (Please Print)
Signature: Date:
ACTION OF KITSAP COUNTY PUBLIC WORKS
APPROVED BY: DATE:
Public Works Director or Representative
Request and Agreement for Reimbursable Works
By Kitsap County Department of Public Works
ACTION OF THE BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
❑ The Director's recommendation is hereby approved DATE:
❑ The Director's recommendation is disapproved or modified as follows:
NANCY BUONANNO-GRENNAN
County Administrator for
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON