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Home My WebLink About5.273 Original Contract , ::LfDfCPPA2:"U' , r ," ""''",;:C """'''H'_'~__ ... lIf.....tu '" 1::-l.,.:~ li)./::'~ hLll1.H co Filed at the Request of: zaos SEP -9 AN 9: 47 @ City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 2005 1164650 Clallam County Interlocal Agreement City Clerk File No.: 5;;)13 Agreement between the City DEPort Angeles and ~ ~~ ~ b.~ ~\d' ~ deud~4"t..k6+hnn;S "'fX'-rM~ Dated~PZID<; II/sJ&f, I ' 5,cQ.7:3 .. '.' .' ~ } ... ., . :,JJ AGREEMENT FOR JOINT DEVELOPMENT AND USE OF TENNIS AND PARKING FACILITIES This Agreement is entered into this 5th day of November , 1991, between the City of Port Angeles, Washington, hereinafter referred to as "City", and Port Angeles School District No. 121, hereinafter referred to as "School District". ReDresentations 1. The parties recognize a City-wide need for a tennis court complex to serve the School District's students and the city's citizens. 2. The parties also recognize the desirability of combining efforts to develop and operate a tennis court complex that will be of maximum benefit to the community. 3. Such cooperative recreational/educational arrangements have in the past contributed greatly to the betterment of the Port Angeles community. 4. The 1980 Park/School Agreement between the City and the School District for joint use of recreational facilities provided that the parties would enter into additional contractual agreements , for joint use of specific facilities. 5. The parties further recognize a separate, long-standing need for improved parking areas within the School District. 6. Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate on a basis of mutual advantage by entering into intergovernmental agreements. 1 .' . ...-,J ,. . .. ,... Aqreements NOW, THEREFORE, in consideration of the above representations and the mutual contributions, covenants and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. PurDose. The parties agree to cooperate as set forth herein in the development and operation of a tennis court complex and separate parking area(s), hereinafter collectively referred to as "facilities", to serve the School District's students and the City's citizens. 2. Scope of Work. The tennis court complex will be called Port Angeles Community Tennis Courts and will consist of six tennis courts, two of which will be lighted initially, with spectator seating areas, designed and constructed to tournament competition standards, as more specifically described and shown in the attached Exhibit A. Parking area improvements will be designed and constructed to City standards. Modifications to the tennis court complex and separate parking area improvements may be agreed upon by the School District Superintendent and the City Manager prior to construction and during the term of this Agreement, as may be reasonably necessary and appropriate to provide the most cost effective and useful facilities. 3. Duration. The duration of this Agreement will be from January 1, 1991, and will continue for the life of the respective facilities, including replacement of such facilities, unless this \ Agreement is sooner modified, extended or terminated by mutual agreement of the parties. 2 ," 4. Contributions. The parties will each contribute the amounts for the design and construction of the tennis court complex and parking area improvements and for the performance of in kind services as specified in the attached Exhibit B. The parties represent that said amounts have been properly budgeted and agree that said amounts will be paid or contributed as necessary to carry out the parties' respective responsibilities under this Agreement in order for the facilities to be completed and the contractors paid in a timely manner. Modifications to said contributions may be agreed upon by the School District Superintendent and the City Manager. 5. Ownership. The facilities constructed pursuant to this Agreement will be owned by the School District; however, the city will have the right to use the facilities as set forth herein. 6. Desian and Construction. The tennis court complex will be designed and constructed by the School District and its qualified contractors, except that the lighting for the complex will be designed by the City. The parties agree that all such design and construction will be performed in a timely manner. 7. Operation. The City's Parks and Recreation Department, hereinafter referred to as "Parks Department", will administer the use of the tennis court complex. The Parks Department will schedule the tennis court complex for School District use during normal school hours and District planned extracurricular activity time periods and for general public use and special community activities during other time periods. In scheduling the use of the tennis court complex, the Parks Department will work cooperatively 3 . ~. . '". with School District staff. The Parks Department will also schedule use in a manner that will permit necessary facility maintenance while also assuring maximum facility utilization. When scheduling the tennis court complex for special community activities, the Parks Department will require the user to provide sufficient supervision for protection of the facility's condition and the participants' safety. Parking areas will be operated for School District use when- ever necessary and will be available for' general public use and special community activities during all other times. Any fees or other charges for use of the facilities will be established by City ordinance, subject to the School District's approval; provided, however, that there will be no fees or other charges for the School District's use. 8. Maintenance and ReDlacement. A. The facilities will be maintained by the School District in a reasonably prudent manner as necessary to promote the normal useful life of such facilities, provided that, no maintenance level will be required of the District greater than provided for any other School District facility used for athletic events. School District's performance of its maintenance responsibilities will include all structures and equipment necessary to keep the facilities fully operational for the purposes set forth in this Agreement. B. School District will maintain property insurance coverage in such amounts necessary to fully insure the facilities and will contribute all applicable insurance proceeds to replace- 4 #. " ..< ment of the facilities. c. In the event the facilities are damaged or rendered unusable by an uninsurable cause despite reasonable maintenance by the School District, replacement of the facilities shall be accomplished as mutually agreed upon by the parties at the time such replacement becomes necessary. 9. Liability. Each party agrees to hold the other harmless from any claim resulting from such party's sole negligence and from actions or omissions that are solely attributable to any employee or agency of such party. 10. Nondiscrimination. The parties shall perform their responsibilities under this Agreement in a manner which assures fair, equal, and nondiscriminatory treatment of all persons, with respect to race, creed, sex, vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: A. The parties will maintain open hiring and emploYment practices, and will welcome application for emploYment in all positions from qualified individuals who are members of such minorities; and B. The parties will comply with all requirements of applicable Federal, State or local laws or regulations issued pursuant thereto, relating to the establishment of nondis- criminatory requirements in hiring and emploYment practices and assuring the service of all persons without discrimination as to such minority status. IN WITNESS WHEREOF, the parties hereto have caused this Agree- 5 .....,( ,~ ,.. ~ >. ment to be executed the day and year first hereinabove written. PORT ANGELES SCHOOL DISTRICT NO. 121 A91. CSD , ~... \Clt;l;-~IJI ~ ~\_~;';:.( I , ",r...:{\',,; p i~ ~ ("lor. ..,~ t! ~ !!.; (11 ~ .? f) c>""~'~ ~~J't(\,~ot.''i,},f' 1;0< P.-;. ~t:" '\ ~)", Oc_. "~} ~l . ,""..",\~,;'<i.' -.~ i' ~; ~~1-- "\:=;~" J~~_. , -~; ~.~~:? t ~ -'>\l~ (1 t~ "~,-;. , ...~"' ~., , {~'.>J .~..~} : <;;, ~~ I :~ .::~ I~".I' c, ~-\; V::? fiIJ '[' ,,!r., .. ;:: ^~ ....~ r'1, J'U LJ' ~ ':r;;:: ,; ,~: ~ ",:' :':~. .5~lj,;;.~/ } j',", '[ if ~- v' ~ ~t>. 0 "',.,,; "f... \,1)" ::< "', ;~,"$"<","'" ':" ..F R, t> r "'C.!JQdilOOO .~'\'~ .~..l,. ,I ~ ,', t';\- ~--. ,.\.\ \ ,,\. '$Iii .' '0 1./ fl ~\' (" \ q \t,~~ 'ofr .~[ I J ,IJ \) ,.1 ,--.t~\ 1tl-iiHt~n,'i"~ . "'''"<>,,,,-' CITY OF PORT ANGELES BY~~~~~ ATTEST:AoelQ.,1=1' i.~^ 6 J::,Xt11t51'l' "F\." a --- ...... - -- . l ~ l ~ t t &- .. " - I- I i 'I; I -- REVlSFD SPECD'lCATIONS: Rebid wItb RevIslo.. 9/5191 f ... Base Bid' 1 $ 163,171.25 600 A , I Base Bid' 2 $ 24,095.00 Runnlnl I Base Bid , 3 $ 38,994.00 Subtotals SUBTOTAL $ 226,260.25 -,... Cban&e Order for Surfacing $ 17,000 $ 243,260.25 Rebid 9/5/91 .. , . 1 ~ .. ... Alternate' 1 $ 39,350 $ 212,610.25 . . , > " CIwl&e 0: ~ for Sidewalk $ 10,900 $ 293,5' ",5 - ; CURRENT BID 9/5/91 Base Bid # 1 Excavation and construction of six tennis courts and one parking lot excluding the drainage, collection and holding system. Base Bid # 2 All work for the drainage, collection and holding system. Base Bid # 3 All electrical work to light two tennis courts, one parking lot and the under- ground (foundation/plumbing) work for lighting four additional courts. Change Order Surface Full-depth color acrylic surface similar or equal to Plexipave to be applied to all playing surfaces. Change Order Sidewalks Sidewalks installed to City code on Park and Peabody Streets for the walks adjacent to the project. Alternate # 1 Lighting four additional courts. 163,171 24,095 38,994 17,000 11,000 Subtotal 39,350 " ~ "~~ ~ : ~'~~l , ': .....,,/~- 254,260 Grand Total 293,610 r .. :......... , " ~, \,' ., "'-- "". ' , EXHIBIT "B" CITY SCHOOL SCHOOL ANNUAL LOAN BASED ON BIOS PAYMENT TO LIGHT Cash $ 12,500 $136,496 $ 158,764 Light Loan $ 44,000 $ 10,455/yr In-Kind $ 38,996 TOTAL $ 95,496 $136,496 Estimated Project Total project total based on bid $ 254,260 $231,992 '-