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HomeMy WebLinkAboutFriends of Jefferson County Parks and Recreation - 040416Or `�U ` I Agreement Between Jefferson County and the Friends of Jefferson County Parks and Recreation This agreement is made and entered into on this day of 2016 1. The Friends of Jefferson County Parks and Recreation (Friends) seek to donate a 178 linear foot section of replacement fence along Quincy Street at Memorial Field. Jefferson County accepts the offer of the Friends to donate the replacement fence. The Friends gain good will by being good citizens of Jefferson County; and the County and its citizens gain a replacement fence; both items representing good and valuable consideration in support of this Memorandum of Understanding. 2. Definitions: a. Replacement Fence: a new section of fence built along Quincy Street of Memorial Field, 550 Washington St. Port Townsend, Washington. See Exhibit A for the specifications and design of the fence, and Exhibit C for roles and responsibilities of each party in the project, and Exhibit D for the Construction Plan. b. County. Jefferson County, Public Works Department, Parks and Recreation Division, 623 Sheridan St., Port Townsend, WA 98368. Phone: (360) 385-9129. c. Volunteers: The Friends of Parks and Recreation, Co -Chairs Jane Storm and Cher Albright, Secretary/Treasurer Rebecca Krajewski: P.O. Box 971, Port Townsend, WA 98368. Phone: 360-385-2291 3. The end date of the agreement is: June 1, 2017 4. Notice to Proceed: no work will begin until written notice to proceed is provided to the Friends by the County. 5. Construction Plan: a construction plan will be completed by the Friends and approved by the County prior to construction (see Exhibit D). 6. The fence will become the property of Jefferson County. There is no transfer of ownership, responsibility or authority associated with this agreement. 7. All volunteers working on the fence 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 Friends in the dangers, risks and hazards of the work they are undertaking. Page 1 e. All volunteers must be trained by the Friends 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 protective guards and equipment must be in place on all tools. 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 8. No volunteer performing work pursuant to this AGREEMENT shall become or be considered an employee of the County. 9. Administrative duties that shall be completed by the Friends: 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 101h of each month. c. Report near misses, incidents, and accidents that occur during volunteer work to the County immediately. 10. No volunteer performing work pursuant to this AGREEMENT shall be compensated by the County. 11. No modifications to the design and specifications of the fence provided in Exhibit A are allowed without the approval of the County. 12. Except as described in paragraph #7 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 volunteers, its employees, agents or volunteers or others, in and about the fence construction area during the course of construction work being performed by or under the direction of the Friends, 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 of: (a) the County's agents or employees; and, (b) the Friends, 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 Friends negligence, or the negligence of the Friends Club's agents or employees. Page 2 13. The Friends indemnify and hold harmless the County against and from claims arising from the Friends sole negligence or willful act with respect to, without limitation, the construction of the replacement fence. 14. 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. 15. 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 Friends and the County before any litigation is begun. Either party may seek a conference with the County Administrator if discussion and review between the Friends and County representatives fails to come to a mutually agreeable resolution. 16. Conformance with Laws. The Friends 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 Friends of Jefferson County Parks and Recreation Jane Storm 1 J{ l 1 y1 n ✓ Signature Date COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kier. Chair David S-ujyvan, Mem Phil4ohnson, Member VIA Approved as to form only this day of ► Y l�-1 plc—)� , 2016. 0 .4 QP"' Deputy Prosecuting Attoaey Monteers Public Works Director Page 4 EXHIBIT A DESIGN SPECIFICATIONS Page 5 AXIMI M11 SITE PLAN Page 6 EXHIBIT C Roles and Responsibilities of Each Party The County Will: 1. Provide the building permit and coordinate inspections. 2. Provide the site plan, fence design, and fence specifications. 3. Coordinate an on-site pre -construction meeting with the City of Port Townsend to stake the exact location of the fence. 4. Coordinate scheduling of activities at Memorial Field. 5. Provide a notebook containing blank volunteer registration forms, and blank timesheets for each volunteer to enter their time. 6. Provide workers compensation insurance to the volunteers. 7. Pay for dump fees of old fence. Hauling of old fence is by the Friends. The Friends Will: 1. Remove the old fence and haul it to the transfer station. 2. Provide all materials, equipment, and labor for construction of the new fence to the design and specifications detailed in this agreement. 3. The Friends will provide a construction plan and proposal which details the plan for construction, the construction budget, the volunteers and organizations who have pledged to complete the work, the equipment to be used, expected schedule, and storage requirements. 4. The Friends will allow periodic inspection of the project by the County. 5. The Friends will provide and implement a project communication plan to educate and inform the general public. 6. The Friends will establish and follow hours of construction that follow the City of Port Townsend code. 7. The Friends will establish a construction supervisor who is qualified and who shall be the point of contact between the County and the project Volunteers. Page 7 EXHIBIT D JEFFERSON COUNTY MEMORIAL FIELD QUINCY ST FENCE Construction Plan Construction Manager Construction managers Skip and Jane Storm have experience with construction projects, a strong grasp of construction management and safety, and will be in charge of project implementation as well as construction site supervision and management. The construction manager will report directly to the Manager of Parks and Recreation for purposes of construction and safety. Organization Jane Storm has formed a Washington State Non -Profit Association named the Friends of Jefferson County Parks and Recreation, Tax ID# 264165585. The officers of the organization are: Co -Chairs — Jane Storm and Cher Albright, Treasurer/Secretary — Rebecca Krajewski. The organization is entirely volunteer, with no salaries paid to the officers, and no employees at this time. Scope of Work Preparation The old fence will be removed and placed in the designated area. The County will be responsible for dump fees of the old fence. The old concrete foundations will need to be removed. Fence Posts New fence posts holes will be drilled using a machine mounted power auger. New posts will be placed using site -mixed, or pre -mixed concrete. Replacement Fencing Replacement fencing will be installed on the posts and painted. Logistics Because this project is occurring in a public facility, a safe perimeter will be established to keep people out of the field, away from equipment, and off of the steep slopes. The material for safe perimeter fencing including signs, caution tape, barricades and temporary fencing will be provided by the County, but the friends will be responsible for installing and maintaining the safe perimeter at all times. Materials, equipment and vehicles will be stored within an area designated by the County. Parking will be in Memorial Field in a designated parking area. Only vehicles needed for delivery or equipment will be used on Quincy St. Restrooms will be available in the grandstand of Memorial Field. Limited use of the Maintenance shed will be available for storing hardware, tools or equipment. Page 8 44 Schedule June 13, 2016 through July 30, 2016 Budget Cash Expenditures for lumber, concrete, forms, and fasteners: $3,200 Cash on hand: $3,200 Credit at Arrow Lumber: $800 Boards on hand: $600 Inspection Jefferson County will coordinate building permit inspections including: 1. Pre -construction walk through 2. Staking of fence posts 3. Fence posts holes — pre concrete 4. Fence posts — after concrete 5. Final Approval Friends of Parks and Recreation, President Jane Storm IV\G�' �1_ Parks and Recreation Mana Page 9 Mai er Department 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: April 4, 2016 Subject: Agreement to Replace Quincy St Section of Memorial Field Fence Statement of Issue: An agreement enabling the Friends of Jefferson County Parks and Recreation to replace the Quincy St. section of the Memorial Field Fence by donation, has been prepared and is ready for approval. Analysis/Strategic Goals/Pro's £t Con's: The fence has failed. One panel is completely missing and others are held up by rope. The City of Port Townsend has issued a building permit. The fence is important to the safety and function of Memorial Field. Fiscal Impact/Cost Benefit Analysis: Jefferson County Parks and Recreation is responsible for $1,200 in dump fees and the building permit fee $550. The value and benefits of the project far exceed this expenditure. Recommendation: Approve the agreement and return three signed copies to Public Works. Department Contact: Matt Tyler. 385-9129 Reviewed By: 341 p Morle�i; 'strator Date CONTRACT REVIEW FORM CONTRACT WITH: Friends of Parks and Recreation (Contractor/Consultant) CONTRACT FOR: Replacing Quincy St Fence at Memorial Field TERM: April 18, 2016 to June 1, 2017 COUNTY DEPARTMENT: Public Works For More Information Contact: Matt Tyler Contact Phone #: (360) 385-9129 RETURN TO: Matt Tyler RETURN BY: Aril 4, 2016 (Person in Department) (Date) AMOUNT: $1,750 Revenue: 175000010.36711. 00.0000 Expenditure: 175000010.576110.48. 0000 Matching Funds Required: No Sources(s) of Matching Funds N/A PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X Other Step 1: REVIEW BY RIS Review by: /, , // Philip Philip Morley Date Reviewed. APPROVED AS TO FORM Returned for revision (See Comments) Comments 7;D Step 2: REVIEW Review by: Y PROSECUTI ATTO ��� LVA avid Alvarez APPR Date Reviewed:40_7� VED S TO F F Ir F , ILL Q etu d for r& ion-(siotomment§)- Comments SU L 12S LL4-29 'M C Y I- , A Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract and Review Form with Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.) \\CASTLEHILL\Group\Publicworks\SUPPORT\] Staff Folders\Matt\Parks\Memorial Field\Quincy St. Fence Project\Fence Project\Contract Review Form Quincy St Fence Project.docx rev. 12/10/2014