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Home My WebLink About011320_ca06 Department 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 Enginee�/�d I Agenda Date: January 13, 2020 � Subject: Interlocal Agreement between the Chimacum School District No. 49 and Jefferson County Statement of Issue: Establishment of an Interlocal Agreement between Jefferson County and the Chimacum School District No. 49 under authorization of RCW 39.34 Interlocal Cooperation Act. Analysis / Strategic Goals / Pros tt Cons: The Interlocal Agreement sets forth the rights and obligations of the County and the Chimacum School District No. 49 with regard to construction, operation and maintenance of a Multi-use Path and Appurtenant Infrastructure including path lighting (Multi-use Path) at the Chimacum Creek Primary School, as part of Jefferson County's SR 116 and Cedar Avenue Pedestrian Improvements project. Fiscal Impact /Cost-Benefit Analysis: The SR 116 and Cedar Avenue Pedestrian Improvements project is funded by a Safe Routes to School Program grant (State funds). The grant includes funds for construction of the Multi-use Path. Jefferson County will construct the Multi-use Path at the Chimacum Creek Primary School as part of the project. The Chimacum School District No. 49 will own, operate, and maintain the Multi-use Path at the completion of the Multi-use Path. Recommendation: The Board is requested to execute the three (3) originals of the attached interlocal agreement. After execution, please return two (2) fully-executed interlocal agreements to Public Works for further processing. Department Contact: John Wayand, Project Manager 385-9377 -1 Re ew=d y/7Z-5 i orley, 9 unt Administrator > Date INTERLOCAL AGREEMENT BETWEEN CHIMACUM SCHOOL DISTRICT NO. 49 AND JEFFERSON COUNTY RELATING TO JEFFERSON COUNTY'S SR 116 AND CEDAR AVENUE PEDESTRIAN IMPROVEMENTS PROJECT This INTERLOCAL AGREEMENT BETWEEN CHIMACUM SCHOOL DISTRICT NO. 49 AND JEFFERSON COUNTY (the "Interlocal Agreement") is entered into as of January 13, 2020(the"Reference Date")by and between Chimacum School District No. 49,a Washi lgton 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 313 Ness' Corner Road, Port Hadlock, Washington, commonly known as "Chimacum Creek Primary School (School)". The Chimacum Creek Primary School houses the School District's Chimacum Kindergarten through second grades. C. In coordination with the School District, the County applied for and has obtained a Safe Routes to School Program Grant (State Funding) ("State Grant") from the Washington State Department of Transportation ("WSDOT") to construct lighted pedestrian sidewalks, curbs and gutters and bicycle lanes within a segment of the Cedar Avenue right of way adjacent to the School property(the Cedar Ave. Ped. Facilities);to construct a lighted multi-use path from Cedar Avenue connecting to an existing sidewalk on the School property (the Multi-use path); to construct sidewalk from the west side of Cedar Avenue across the Jefferson County Library property to an existing sidewalk on Library property;and to install Rectangular Rapid Flashing Beacons(RRFBs) and signage on the shoulders of SR 116 near the entrance to the School,and other work,to improve pedestrian and bicycle access and safety to the School and Library. D. This Interlocal Agreement sets forth the rights and obligations of the County and the School District with respect to Jefferson County's SR 116 and Cedar Avenue Pedestrian Improvements project,and operation and maintenance of said improvements. However,the parties recognize that circumstances may arise during the course of operation of the SR 116 and Cedar Avenue Pedestrian Improvements 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. Chimacum School District No.49-Jefferson County Interlocal Agreement SR 116 and Cedar Avenue Pedestrian Improvements, 10-10-19.v1 1 II. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits herein, the School District and the County agree as follows: 1. 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 SR 116 and Cedar Avenue for the benefit of the School District students and the community. 2. Construction. 2.1 Multi-use Path and Appurtenant Infrastructure. 2.1.1 The parties acknowledge that the County will construct the Multi-use path and the School District will own the Multi-use path. 2.1.2 The County shall construct the Multi-use path beginning at the westerly right of way boundary of Cedar Avenue at approximate milepost 0.05 (Point A), within the southerly 60 feet of the School District property that lies northerly and adjacent to the Jefferson County Library's (Library) northerly, east-west property boundary, thence southwesterly from near the Library's northwestern property corner to the end of the existing concrete sidewalk near the southeast side of the Chimacum Creek Primary School building (Point B), as shown on attached Exhibit A and as determined by mutual agreement between the School District and the County, in accordance with appropriate engineering standards. 2.2 Cedar Avenue Pedestrian Facilities. 2.2.1 The parties acknowledge that the County will construct the Cedar Ave. Ped. Facilities and the County will own the Cedar Ave. Ped. Facilities. 2.2.2 The County shall construct the Cedar Ave. Ped. Facilities beginning at approximate milepost 0.03 and ending at approximate milepost 0.42 as shown on the attached Exhibit A, 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 Rapid Rectangular Flashing Beacons. 2.3.1 The parties acknowledge that the County will construct the RRFBs and the WSDOT will own the RRFBs. Chimacum School District No.49-Jefferson County Interlocal Agreement SR 116 and Cedar Avenue Pedestrian Improvements, 10-10-19.v1 2 2.3.2 The County shall construct two pairs of the RRFBs at approximate SR 116 milepost 0.36 near the entrance to the School,on the shoulders of SR 116,as shown on the attached Exhibit A, in accordance with appropriate engineering standards and in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) published by the Federal Highway Administration. 3. Operation. 3.1 Multi-use Path and Appurtenant Infrastructure. 3.1.1 The School District shall be solely responsible for the operation of the Multi-use path. 3.1.2 The School District shall pay all costs associated with the operation of the Multi-use path. 3.2 Cedar Avenue Pedestrian Facilities. 3.2.1 The County shall be solely responsible for the operation of the Cedar Ave. Ped. Facilities. 3.2.2 The County shall pay all costs associated with the operation of the Cedar Ave. Ped. Facilities. 3.3 Rapid Rectangular Flashing Beacons. 3.3.1 The WSDOT shall be solely responsible for the operation of the RRFBs. 3.3.2 The WSDOT shall pay all costs associated with the operation of the RRFBs. 4. Maintenance. 4.1 Multi-use Path and Appurtenant Infrastructure. 4.1.1 The School District shall be solely responsible for the maintenance, repair, and replacement of the Multi-use path. 4.1.2 The School District shall pay all costs associated with the maintenance, repair, and replacement of the Multi-use path. 4.2 Cedar Avenue Pedestrian Facilities. 4.2.1 The County shall be solely responsible for the maintenance, repair, and replacement of the Cedar Ave. Ped. Facilities. Chimacum School District No.49-Jefferson County Interlocal Agreement SR 116 and Cedar Avenue Pedestrian Improvements, 10-10-19.v1 3 4.2.2 The County shall pay all costs associated with the maintenance, repair, and replacement of the Cedar Ave. Ped. Facilities. 4.3 Rapid Rectangular Flashing Beacons Rapid Rectangular Flashing Beacons. 4.3.1 The WSDOT shall be solely responsible for the maintenance, repair, and replacement of the RRFBs. 4.3.2 The WSDOT shall pay all costs associated with the maintenance, repair, and replacement of the RRFBs. 5. Ownership/Duration. 5.1 Multi-use Path and Appurtenant Infrastructure. 5.1.1 It is the intent of the parties to acknowledge that the Multi-use Path is owned by the School District. This Interlocal Agreement between Chimacum School District No. 49 and Jefferson County shall be in effect for the life of the improvements. 5.2 Cedar Avenue Pedestrian Facilities. 5.2.1 It is the intent of the parties to acknowledge that the Cedar Ave. Ped. Facilities are owned by the County. This Interlocal Agreement between Chimacum School District No. 49 and Jefferson County shall be in effect for the life of the improvements. 5.3 Rapid Rectangular Flashing Beacons Rapid Rectangular Flashing Beacons. 5.3.1 It is the intent of the parties to acknowledge that the RRFBs are owned by the WSDOT. This Interlocal Agreement between Chimacum School District No. 49 and Jefferson County shall be in effect for the life of the improvements. 6. Mutual Indemnification. 6.1 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. 6.2 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, Chimacum School District No.49-Jefferson County Interlocal Agreement SR 116 and Cedar Avenue Pedestrian Improvements, 10-10-19.v1 4 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. 7. Miscellaneous. 7.1 Effective Date. This Interlocal Agreement shall be effective upon the date of the last signature of a party (the "Effective Date"). 7.2 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. 7.3 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: 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 623 Sheridan Street Port Townsend, WA 98368 Telephone: 360-385-9160 Facsimile: 360-385-9234 Attention: Public Works Director 7.4 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. Chimacum School District No.49-Jefferson County Interlocal Agreement SR 116 and Cedar Avenue Pedestrian Improvements, 10-10-19.v1 5 7.5 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. 7.6 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. 7.7 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 Multi-use Path and appurtenant infrastructure including path lighting. Chimacum School District No.49-Jefferson County Interlocal Agreement SR 116 and Cedar Avenue Pedestrian Improvements, 10-10-19.v1 6 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 By: /Q J—G�v By: Rick Thompson, Date Kate Dean, Chair Date Superintendent By: David Sullivan, Member Date By: Greg Brotherton, Member Date Approved as to form only: By: Philip C. Hunsucker, Date Deputy Prosecuting Attorney y: /-7-k Mo , ; , P.E. Date Public Works Director/County Engineer Chimacum School District No.49-Jefferson County Interlocal Agreement SR 116 and Cedar Avenue Pedestrian Improvements, 10-10-19.v1 7 r ;az, ___;„„.4:4, End Cedar Ave. Ped.1 A Facilities M.P. 0.42. 4+ 1" i ,K . Sidewalk, Curb & -VT LI G'iIter and Bike Mi ., 7 ..A�''$i t•rtr:', `[ ' Y... _.. v. -COURT LANE — 1 I �'''''•4-'-r::-. --r--'.:7- Large$ tO Hayden Ave'. _ _. ;.ter 7 < Chimacum -',.'.,:-..",:;...,•::., f w.rr - Creek Primary`` MULTI—USE J b— School PATH—\ _ II POINT "A" 1 •o• CO JRT --_ _ _ , Jr ) 1111111 i Exlsting Exlsting Fence-- J.C. Library / SR X16 --,r'-r--+---- —�_ Bike Shelter P. 0.03 POINT "13"/ /RV End of Existing Sidewalk Rectangular Rapid G�RN�R Flashing Beacons110A1111. IIIII M.P. 0.36 " JT JT - __- NESS 5.116 _ 111 ------ LEGEND w 0 ' ® INSTALL PEDESTRIAN N ' - ` LIGHTING o g y 0 INSTALL LIGHT ON 1- -- Q EXISTING POWER POLE % 1 JEFFERSON TRANSIT \ U 1n BUS STOP \ \ ,- \' Safe Routes to School iiii. SR 116 and Cedar Ave. ' — - °' �, Pedestrian Improvements �` ::crc,•r .. Chimacum Creek Primary School ;A. iv,n, a� Exhibit A