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HomeMy WebLinkAbout120715_ca12Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: December 7, 2015 Subject: Interlocal Agreement between the Chimacum School District and Jefferson County Statement of Issue: Establishment of an Interlocal Agreement between Jefferson County and the Chimacum School District. Analysis / Strategic Goals / Pros ft Cons: The Agreement sets forth the rights and obligations of the County and the Chimacum School District with regard to operation and maintenance of the (2) West Valley Road School Zone Flashing Beacons recently installed as part of the Chimacum Safe Routes to School project. Fiscal Impact /Cost -Benefit Analysis: The County shall be responsible for periodic inspection as well as maintenance and repair of said beacons and associated infrastructure and signage, provided however that the School District shall be obligated to pay the County for all costs associated with beacon specific maintenance and repair. It is the intent of both parties to acknowledge that the Beacons belong to the School District and that good communication will benefit both parties when repairs are needed. Recommendation: The Board is requested to sign the three originals of the contract. After signing, return three fully -executed agreements to Public Works for further processing. Department Contact: Eric Kuzma 385-9167 Revile By: y Philip Morley�' Cb my Administrator -7— Date INTERLOCAL AGREEMENT BETWEEN CHIMACUM SCHOOL DISTRICT NO. 49 AND JEFFERSON COUNTY RELATING TO SCHOOL ZONE FLASHING BEACONS LOCATED WITHIN WEST VALLEY ROAD This INTERLOCAL AGREEMENT BETWEEN CHIMACUM SCHOOL DISTRICT NO. 49 AND JEFFERSON COUNTY (the "Interlocal Agreement") is entered into as of August 5, 2015 (the "Reference Date") by and between Chimacum School District No. 49, a Washington municipal corporation (the "School District") and Jefferson County, Washington, a Washington municipal corporation (the "County"). I. RECITALS A. RCW ch. 39.34, the Interlocal Cooperation Act, authorizes local municipal corporations to enter into agreements to assist and cooperate with each other to better serve the needs of the municipal corporations and the local community. B. The School District is the owner of certain real property located at 91 West Valley Road, Chimacum, Washington, commonly known as the School District's "Main Campus". The Main Campus houses the School District's High School, the Middle School, and Chimacum Elementary School, as well as the District's Transportation Center, the Stadium, Gymnasium, playfields, and playgrounds which serve the School District students and the community. C. In coordination with the School District, the County applied for and has obtained a Safe Routes to School Grant ("State Grant") from the Washington State Department of Transportation ("WSDOT") to, among other things, acquire and install two solar -powered flashing beacons (the "West Valley Road Beacons") and certain signage along West Valley Road to improve pedestrian access and increase pedestrian safety to the District's Main Campus. D. This Interlocal Agreement sets forth the rights and obligations of the County and the District with respect to the West Valley Road Beacons and associated infrastructure and signage, and operation and maintenance of said Beacons. However, the parties recognize that circumstances may arise during the course of operation of the West Valley Road Beacons that require additional communication between the parties. E. The terms and conditions under which the School District and the County intend to implement such mutual assistance are set forth under this Interlocal Agreement. II. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits herein, the School District and the County agree as follows: 1 Chimacum-Jefferson Cnty Interlocal West Valley RD Beacons.07-17-15.0 I . Interlocal Cooperation Act. 1.1 RCW ch. 39.34 authorizes the execution of an Interlocal Agreement for the purpose of providing mutual assistance and cooperation between municipal corporations. 1.2 The School District and the County acknowledge that the cooperation and mutual assistance, as described under the Recitals and as provided hereinbelow, is in the best interests of the County and the School District in implementing the State Grant and improving pedestrian access and safety along West Valley Road for the benefit of the School District students and the community. 2. Installation of West Valley Road Beacons, Appurtenant Infrastructure, and Signage. 2.1 The parties acknowledge that the County acquired and the School District owns the West Valley Road Beacons. 2.2 The County shall install the West Valley Road Beacons and associated necessary infrastructure, within the shoulder area, as determined at the discretion of the County, of the westbound lane of West Valley Road, at approximately Milepost 0.00 and within the shoulder area of the eastbound lane at approximately Milepost 0.20, in accordance with appropriate engineering standards and in accordance with the Manual of Uniform Traffic Control Devices ("MUTCD") published by the Federal Highway Administration. 2.3 The County and the School District acknowledge that it is intended that the West Valley Road Beacons flash concurrently with the two flashing beacons previously installed by WSDOT on State Route ("SR") 19 (the "SR 19 Beacons"). In this regard, the County has determined, as authorized by WSDOT, that it is necessary to swap positions of those certain "primary" and the "secondary" beacons on SR 19 in order to provide adequate communication between the two West Valley Road Beacons as installed in accordance with the terms of this Interlocal Agreement and the two SR 19 Beacons. 2.4 The County further agrees to install, as determined at the discretion of the Jefferson County Sheriff's Office, certain signage which states "School — Speed Limit 20 MPH — When Flashing". Such signage shall be installed by the County at a location determined by the County in its discretion and in accordance with appropriate engineering standards and in accordance with the MUTCD. 3. Operation of West Valley Road Beacons. 3.1 The School District: (i) shall be solely responsible for the operation of the West Valley Road Beacons, (ii) shall operate said Beacons consistent with the requirements of the MUTCD, and (iii) shall make determinations regarding any changes to the operation of said Beacons in conformance with the MUTCD and any applicable state and local laws. 2 Chimacum-Jefferson Cnty Interlocal West Valley RD Beacons.07-17-15.v1 r - 3.2 The West Valley Road Beacons shall generally be activated and flashing on the days and at the times provided for in Exhibit A attached hereto and incorporated herein. The School District, however, has the sole discretion to change the dates and times provided for in Exhibit A based upon School District needs and circumstances. The School District shall immediately notify the County of any such changes. 3.3 Except as provided under Paragraph 4 below, the School District shall provide notice to the County of the need for any extraordinary maintenance or repair of the West Valley Road Beacons. Unless circumstances do not allow, such notice to the County shall be in writing as provided below. 4. Maintenance of West Valley Road Beacons and Appurtenant Signage. 4.1 The School District and the County shall share responsibility for maintenance of the West Valley Road beacons and appurtenant signage. The School District shall be responsible for maintenance of the West Valley Road beacons and the County shall be responsible for maintenance of the West Valley Road school zone signs and posts only; it is the intent of the parties to acknowledge that the beacons belong to the School District and that good communication will benefit both parties when repairs are needed. 4.1.1 The School District shall pay all costs associated with purchasing and installing any replacement beacon and/or all costs associated with repairing a non-functioning beacon. 4.1.2 Upon request of the School District the County shall perform requested beacon maintenance, provided however, that the School District shall be obligated to pay the County for all costs associated with said beacon maintenance and repair at such rates as are customarily billed by the County for such maintenance and repair activities, including any maintenance or repair as may be requested by the School District as provided under Section 3.3 above. 4.1.3 In the event that the West Valley Road Beacons are stolen or are not functioning: 4.1.3.1 The County will respond to a request for temporary sign replacement within 24 hours of notice from the School District and install appropriate signage in an appropriate location, as determined at the discretion of the County and in accordance with any requirements of the MUTCD until such time as a permanent replacement can be installed; and 4.1.3.2 The School District and the County shall meet to review such circumstances and such appropriate further action under this Interlocal Agreement as mutually agreed upon between the parties. 4.1.4 The County shall be responsible for periodic inspection of the West Valley Road school zone signs and posts only and pay all associated maintenance costs. Chimacum-Jefferson Cnty Interlocal West Valley RD Beacons.07-17-15.vI 3 4.2 The School District accepts responsibility for annual communication / maintenance fees associated with beacon operation. 5. Mutual Indemnification. 5.1 The County shall indemnify, defend, and hold harmless the School District and its successors in interest, its principals, agents and assigns, for, from and against all awards, judgments or other assessments for liability, loss, damages, costs and expenses, or other remedies, including but not limited to attorney's fees and costs, that arise or have as their origin any claims or demands for personal injury, property damage, death or any tort, or any claim of any kind or nature whatsoever, to the extent that such claim or demand is the result of, in whole or in part, the acts or omissions of the County or its principals, agents, licensees or invitees arising from or relating to this Agreement. 5.2 The School District shall indemnify, defend, and hold harmless the County and its successors in interest, its principals, agents and assigns, for, from and against all awards, judgments or other assessments for liability, loss, damages, costs and expenses, or other remedies, including but not limited to attorney's fees and costs, that arise or have as their origin any claims or demands for personal injury, property damage, death or any tort, or any claim of any kind or nature whatsoever, to the extent that such claim or demand is the result of, in whole or in part, the acts or omissions of the School District or its principals, agents, licensees or invitees arising from or relating to this Agreement. 6. Miscellaneous. 6.1 Effective Date. This Interlocal Agreement shall be effective upon the date of the last signature of a party (the "Effective Date"). 6.2 Authority to Enter Agreement. Each party to this Interlocal Agreement attests and warrants that they have the authority to enter this Agreement and to fulfill all the terms and conditions contained herein. 6.3 Notices. All notices herein may be provided for by facsimile transmittal (with machine verification of receipt), sent by overnight courier service, delivered or mailed registered or certified mail, return receipt requested, or by personal delivery. If a notice is mailed, it shall be considered delivered three (3) days after deposit in such mail. If a notice is sent via facsimile transmittal, it shall be deemed received upon receipt of verification of transmission. If a notice is sent via overnight courier, it shall be deemed received upon the next business day. The addresses to be used in connection with such correspondence and notices are the following, or such other address as a party shall from time to time direct: H Chimacum-Jefferson Cnty Interlocal West Valley RD Beacons.07-17-15.vl School District: Chimacum School District P.O. Box 278 Chimacum, WA 98325-0278 Telephone: 360-732-4090, Ext. 225 Facsimile: 360-732-4336 Attention: Superintendent County: Jefferson County Department of Public Works Port Townsend, WA 98368 Telephone: 360-385-9160 Facsimile: 360-385-9234 Attention: Public Works Director 6.4 Construction. This Interlocal Agreement shall not be construed more favorably to one party over another, notwithstanding the fact one party, or its attorney, may have been more responsible for the preparation of the document. 6.5 Nonwaiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Interlocal Agreement or to exercise any option herein contained in any one or more instances shall not be construed to be a waiver or relinquishment of any such, or any other, covenant or agreements; but the same shall be and remain in full force and effect. 6.6 Amendment. This Interlocal Agreement constitutes the entire agreement between the parties and no modification, amendment, addition to or changes to this Agreement shall be valid unless in writing and signed by all parties. 6.7 Complete Agreement. This Interlocal Agreement fully integrates the understanding of the parties. It supersedes and cancels all prior negotiations, correspondence and communication between the parties with respect to the West Valley Road Beacons. Chimacum-Jefferson Cnty Interlocal West Valley RD Beacons. 07-17-15.v1 IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement on the date and year set forth above. CHIMACUM SCHOOL DISTRICT NO. JEFFERSON COUNTY, WASHINGTON, 49, a Washington municipal corporation a Washington municipal Corporation BOARD OF COMMISSIONERS r By:_PaW— /l'/�'By: Rick Thompson, rDate Superintendent 0 Chimacum-Jefferson Cnty Interlocal West Valley RD Beacons.07-17-15.vl David Sullivan, Chair Date Phil Johnson, Member Date Kathleen Kler, Member Date Approved as to form only: By: Owa David Alvarez, Date Deputy Prosecuting Attorn y By: r M n s, P.E. Date Pu or County Engineer M EXHIBIT A WEST VALLEY ROAD FLASHING BEACON SCHEDULE Beacon operation shall coincide with the annually established Calendar School Year. This period typically commences late -August /early -September and ends mid-to-late June. The West Valley Road Flashing Beacon typical daily schedule is as follows. Location Regular Daily Schedule Early Release Day Schedule Start End Start End CSD #49 Main Campus 7:15 AM 9:00 AM 8:15 AM 9:15 AM 2:15 PM 3:50 PM 12:00 PM 12:45 PM For a given calendar year, the School District will activate/deactivate the West Valley Road Flashing Beacons as appropriate for the following occasions: • Early Release Days • Recognized Holidays • School Specific closures such as, Winter Break, Semester Break, Spring Break • Teacher Conference Days • Snow Days • Other unanticipated School Cancelations Chimacum-Jefferson Cnty Interlocal 07-17-15M EXHIBIT A