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HomeMy WebLinkAbout092815_ca03Department of Public Works O Consent Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director Agenda Date: September 28, 2015 Subject: Agreement for Resurfacing Quilcene Sport Courts Statement of Issue: The Quilcene Sport Court Association (the Association) seeks to re- surface by donation, the tennis court and basketball court located at the Quilcene Park. The Association has raised funds and is prepared to proceed. An agreement has been prepared to enable the project. Analysis /Strategic Goals /Pro's @ Con's: The courts are in poor condition. The project will be beneficial to the community. The improvement will encourage activity and make the park and campground safer and more attractive to locals and visitors alike. Fiscal Impact /Cost Benefit Analysis: The Association has secured a resurfacing contract with an established contractor for $25,110. Jefferson County Parks and Recreation will contribute $3,000 and provide a limited amount of administrative support. The Sport Court Association will provide the remainder of the funds, donate volunteer labor to the project, and manage project implementation. Recommendation: Approve the agreement and return three signed copies to Public Works. Department Contact: Matt Tyler. 385 -9129 Reviewed By: Zz p Morley unty Adm'nis for Date i Agreement Between Jefferson County and the Quilcene Sport Court Fund This agreement is made and entered into on this day of 2015. The purpose of this document is to formalize the working relationship between Jefferson County, a political subdivision of the State of Washington; and the Quilcene Sport Court Fund. 1. The Quilcene Sport Court Fund (the Sport Court Fund) seeks to donate resurfacing the 13,780 square foot sport court located in Quilcene Community Park and Campground. Jefferson County accepts the offer of the Sport Court Fund to donate the resurfacing project. The Sport Court Fund gains good will by being good citizens of Jefferson County; and the County and its citizens gain a resurfaced sport court; both items representing good and valuable consideration in support of this Memorandum of Understanding. 2. The Quilcene Sport Court Fund has entered into an agreement with the Port Townsend Basketball Club, a 501 (c) (3) Non - Profit Corporation. Under the agreement the Port Townsend Basketball Club will accept donations and provide statements of donations to donors. 3. Definitions: a. Resurfaced Sports Court. resurfacing of a 13,780 square foot sports court located in the Quilcene Community Park and Campground, 294964 Highway 101 Quilcene, Washington, 98376. See Exhibits A - C for the specifications and design of the resurface project, Exhibit D for the project proposal and roles and responsibilities of each party in the project. b. County: Jefferson County, Public Works Department, Parks and Recreation Division, 623 Sheridan St., Port Townsend, WA 98368. Phone: (360) 385 -9129. c. Sport Court Fund. Washington State Non - Profit Association named the Quilcene Sport Court Fund, Tax ID #603409399. The officers of the organization are: Clayton White, President; Evelyn Gunther, Secretary; and Bob Gunther Vice - President. 4. The end date of the agreement is: December 31St, 2016. 5. The resurfacing project will become the property of Jefferson County. There is no transfer of ownership, responsibility or authority associated with this agreement. 6. All volunteers working on the resurfacing project are Jefferson County Volunteers. As such, the following terms and conditions apply: a. All volunteers working on the site must complete a registration form supplied by the County. b. All volunteer hours must be documented on the form provided by the County. c. All volunteers will be covered by Workers Compensation Insurance paid for by the County. d. All volunteers must be briefed by the Sport Court Fund in the dangers, risks and hazards of the work they are undertaking. Page 1 I J e. All volunteers must be trained by the Sport Court Fund in proper safety protocol and techniques for the work they are doing. f. All hand and power equipment must be properly maintained and in good working order. g. Safety equipment must be in place on hand or power equipment. h. The "Safety and Health Core Rules" set by the Washington State Department of Labor and Industries in Chapter 296 -800 WAC shall be followed during this project as well as other applicable State and Federal safety statutes. i. All volunteers are held to the terms and obligations of the County Personnel Policy including, but not limited to, the following: i. Alcohol and Drug Free Workplace ii. Anti - Harrassment Policy 7. No volunteer performing work pursuant to this AGREEMENT shall become or be considered an employee of the County. 8. Administrative duties that shall be completed by the Sport Court Fund: a. Ensure that each volunteer completes the volunteer registration form and safety training prior to beginning work. b. Document volunteer work and report to the County on or before the 10th of each month. c. Report near misses, incidents, and accidents that occur during volunteer work to the County immediately. 9. No volunteer performing work pursuant to this AGREEMENT shall be compensated by the County. 10. No modifications to the design and specifications of the resurfacing project provided in Exhibit A are allowed without prior written approval of the County. 11. Except as described in paragraph # 6 above, the County or its agents, successors and assigns shall not be liable for any injury to persons (including death) or damage to property sustained by the Sport Court Fund, its employees, agents or volunteers or others, in and about the resurfacing project construction area during the course of construction work being performed by or under the direction of the Sport Court Fund, unless such injury or damage was the proximate result of the gross negligence or willful act or omission of the County or its agents, servants, employees, successors or assigns. Provided further that if the claims or suits are caused by or result from the concurrent negligence o£ (a) the County's agents or employees; and, (b) the The Sport Court Fund, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and /or the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Sport Court Fund negligence, or the negligence of the Sport Court Fund's agents or employees. 12. The Sport Court Fund indemnifies and hold harmless the County against and from claims arising from the Sport Court Fund sole negligence or willful act with respect to, without limitation, the construction of the resurfacing project. Page 2 13. If any provision of this AGREEMENT is ruled illegal or unlawful by a Court of competent jurisdiction, then all other portions of this AGREEMENT shall remain in full force and effect. 14. The parties agree that the sole venue for any legal disputes arising from this AGREEMENT shall be the Superior Court In and For Jefferson County. Disputes shall first be discussed and reviewed between a designated representative of the the Sport Court Fund and the County before any litigation is begun. Either party may seek a conference with the County Administrator if discussion and review between the Sport Court Fund and County representatives fails to come to a mutually agreeable resolution. 15. Conformance with Laws. The Sport Court Fund shall comply with all applicable County ordinances, state statutes, and other government rules and regulations as required by the District under this agreement. Page 3 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year written above. The Sport Court Fund of Jefferson County Parks and Recreation Clayton White Signature,V Date COUNTY OF JEFFERSON BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Approved as to form only this day of 5f�,M , 20j 0 6, '� Ai Deputy Prosecuting Attoigy �a Public Works Director Page 4 v v V) 0 v V) v v L c 0 c t u, ra Page 5 EXHIBIT A Project Specifications Quilcene Community Center Sports Court Parking Lot —US Highway 101 Side (121.6 Feet) n c c n r� EXHIBIT B Scope of Work Phase One - Resurfacing Preparation A fence post will be cut off or pulled out and stored. The tennis net will be removed. An opening in the perimeter fence will be created to allow access. Existing residue from older repairs will be cleaned and smoothed. The cracks will be cleaned and the existing tar will be heated and smoothed back into the cracks. Shallow depressions will be leveled. Paving The surface will be paved with 1.5 of new, fine grained asphalt. Completion The fence and the tennis net will be replaced. Phase Two - Painting Painting and Finishing An acrylic color coating will be painted onto the new asphalt, and the courts will be re- lined. A full sized basketball court will be painted. Logistics Because this project is occurring in a public park, a safe perimeter will be established using signs, barricades and temporary fencing. Materials, equipment and vehicles will be stored within this safe perimeter. The park toilet may be used by the construction crew. Designated construction crew parking will be created. When the project is complete, the area will be restored. Excess material and supplies will be removed. Page 6 EXHIBIT C Site Plan Air Photo Washington Street Iw } Page 7 EXHIBIT D Roles and Responsibilities of Each Party The County Will: 1. Contribute $3,000 to the Sport Court Fund when the project is completed. 2. Coordinate scheduling of activities and construction. 3. Provide a notebook containing blank volunteer registration forms, and blank timesheets for each volunteer to enter their time. 4. Provide workers compensation insurance to the Sport Court Fund. 5. Install a new basketball goal on the existing post, to form a full sized basketball court. The Sport Court Fund Will: I . Remove and dispose of all material or garbage generated by the project. 2. Provide all materials and labor for construction of the resurfacing project to the design and specifications detailed in this agreement. 3. Provide a construction site safety plan prior to construction. Implement the safety plan when construction begins. 4. Provide a construction plan and proposal which details the plan for construction, the construction budget, the Sport Court Fund and organizations who have pledged to complete the work, the equipment to be used, expected schedule, and storage requirements. 5. Allow periodic inspection of the project by the County. 6. Provide and implement a project communication plan to educate and inform the general public. 7. The Sport Court Fund will establish and follow hours of construction that follow Jefferson County Code. Page 8