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HomeMy WebLinkAbout071017_cabs01Department of Public Works O Regular 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/County Engineer,Et/ Agenda Date: July 10, 2017 Subject: Agreement for Donation of a Playground to HJ Carroll Park Statement of Issue: A group called Jefferson Universal Movement Playground (JUMP) seeks to donate a playground designed to be accessible to children with disabilities to HJ Carroll Park. Fiscal sponsorship will be provided by the Mike Berry Foundation, an established 501c (3) non-profit corporation. The Parks and Recreation Advisory Board reviewed and recommended the donation on December 7, 2016. Staff worked with JUMP to prepare an agreement which is ready for approval. Analysis/Strategic Goals/Pro's It Con's: There are no playgrounds designed to be accessible to children with disabilities within the Jefferson County service area. The playground, though specially designed for accessibility, will also be useful and attractive to all children. The playground is different than the existing playground at HJ Carroll Park. Fiscal Impact/Cost Benefit Analysis: JUMP agrees to donate a new playground valued at approximately $200,000. In addition, JUMP plans to donate $10,000 to Jefferson County to be held in a new fund strictly for major maintenance of this playground. Jefferson County will be responsible for day to day maintenance as well as annual inspection. Recommendation: Hear a presentation at 1:30pm from JUMP organizers, approve the agreement, participate in a photo op., and return three signed copies to Public Works. Department Contact: Matt Tyler. 385-9129 Reviewed,�� t Phtp Morley, Cou ty Adm' �.e Date Agreement Between Jefferson County and the Mike Berry Memorial Childrens Fund This agreement is made and entered into on this day of 2017. The purpose of this document is to formalize the working relationship between Jefferson County (the County), a political subdivision of the State of Washington; and the Mike Berry Memorial Children's Fund (MBMCF). 1. MBMCF seeks to donate, a 5,848 square foot accessible playground located at HJ Carroll County Park near Chimacum, Washington, and provide $10,000 for ongoing maintenance to be held by Jefferson County as a new fund. The County accepts the offer of MBMCF to donate the playground and provide the maintenance fund. MBMCF gains good will by being good citizens of Washington State; and the County and its citizens gain a new playground; both items representing good and valuable consideration in support of this Memorandum of Understanding. 2. The project was initiated by the Jefferson Universal Movement Playground (JUMP), a group of physical and occupational therapists, parents of children with disabilities, and community members, formed specifically to build a new accessible playground at HJ Carroll Park. See Exhibit C for complete budgeting and fundraising information. For membership of JUMP, see Exhibit D. 3. Definitions: a. Accessible Playground. an area of approximately 5,848 square feet; with a concrete slab foundation; surfaced with recycled rubber playground safety tiles; containing children's play structures; and an access path leading from an accessible parking spot. The accessible playground will be located in HJ Carroll County Park, 9884 SR 19 Chimacum, Washington, 98325. See Exhibit A for a site map, Exhibit B for the specifications and design of the accessible playground project, and Exhibit E for the scope of work. b. Ongoing Maintenance: the MBMCF will raise $10,000 and donate it to Jefferson County to be used for ongoing maintenance of the accessible playground. A new Jefferson County Fund will be created by resolution of the Jefferson County Board of Commissioners and named HJ Carroll Accessible Playground Fund. Playground inspections will be made by the County, and repairs will be made by the MBMCF or the County. See Exhibit G for details regarding the ongoing maintenance of the playground. c. Jefferson County (the County): Jefferson County, Public Works Department, Parks and Recreation Division, 623 Sheridan St., Port Townsend, WA 98368. Phone: (360) 385-9129. d. Mike Berry Memorial Childrens Fund (MBMCF): an IRS 501 (c) 3 non-profit corporation, EIN # 81-1554207, Address: P.O. Box 1764, Port Townsend, WA 98368. Phone: (206) 524-2900. The officers of the MBMCF are Todd Hulbert - President, Korey Smith - Treasurer, and Martin Kithcart - Vice President. pg. 1 of 18 4. The accessible playground will become the property of Jefferson County. There is no transfer of ownership, responsibility or authority associated with this agreement. 5. Jefferson County is not responsible for maintenance when the $10,000 maintenance fund is exhausted or needed repairs exceed the remaining balance. At such time as the playground requires replacement of major components, becomes unsafe, and the maintenance account is exhausted, then the playground will be deemed to be at the end of its service life and it may be removed by Jefferson County, at the sole discretion of Jefferson County. Remaining maintenance funds, if any, will be used to pay the costs of removal. Jefferson County is not obligated to replace the playground. Furthermore, nothing in this agreement shall prevent the MBMCF or other volunteers from future fund raising to replenish the maintenance fund or replace the structure in part or in whole as may be negotiated at a later date between the County and the MBMCF. 6. All volunteers working on the playground project are volunteers recruited by MBMCF. Since the volunteers are working on real property owned by Jefferson County, the following terms and conditions apply: a. All volunteers working on the site shall complete a risk release/liability waiver and registration form supplied by the County. b. All volunteer hours shall be documented on the form provided by the County. c. All volunteers will be covered by Workers Compensation Health Insurance paid for by the County. d. All volunteers shall be briefed by MBMCF in the dangers, risks and hazards of the work they are undertaking. e. All volunteers shall be trained by MBMCF in proper safety protocol and techniques for the work they are doing. f. All hand and power equipment shall be properly maintained and in good working order. g. Safety equipment shall 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. MBMCF shall instruct all volunteers sufficient to ensure compliance with the terms and obligations of relevant County personnel policy including, but not limited to, the following: a) Alcohol and Drug Free Workplace b) Anti-Harrassment Policy j. All volunteers shall comply with the construction safety plan. See Exhibit H. 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 MBMCF: 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 10'h of each month. c. Report near misses, incidents, and accidents that occur during volunteer work to the County immediately. pg. 2 of 18 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 playground project provided in Exhibit B are allowed without prior written approval of the County. 11. At the conclusion of the Service Project, MBMCF shall provide a written certificate to the County verifying that the construction is complete and follows the design and specifications of the playground project provided in Exhibit B. An licensed engineer from the County Department of Public Works shall inspect the construction after MBMCF provides the required written certificate. Upon verification of the certificate by the County's licensed engineer, the County shall accept title to the accessible playground. 12. 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 MBMCF, its employees, agents or volunteers or others, in and about the playground project construction area during the course of construction work being performed by or under the direction of MBMCF, 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) MBMCF, 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 MBMCF's negligence, or the negligence of MBMCF's agents or employees. 13. MBMCF indemnifies and hold harmless the County against and from claims arising from MBMCF's negligence or willful act with respect to, without limitation, the construction of the accessible playground project. 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 MBMCF and the County before any litigation is begun. Either party may seek a conference with the County Administrator if discussion and review between MBMCF and County representatives fails to come to a mutually agreeable resolution. 16. Conformance with Laws. MBMCF shall comply with all applicable County ordinances, state statutes, and other government rules and regulations as required by the District under this agreement. 17. Construction may be initiated only after such time as all fund and donation commitments are in place, including the $10,000 maintenance fund. pg. 3 of 18 18. Jefferson County will issue a written notice to proceed prior to construction. See Exhibit E for the scope of work, and Exhibit F for the construction roles and responsibilities of each party. (SIGNATURES FOLLOW ON THE NEXT PAGE) pg. 4 of 18 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year written above. Mike Berry Memorial Children's Fund Todd Hulbert President Signature Date COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Chair Kate Dean, Member David Sullivan, Member Approved as to form only this 2 q Day of JLNf' , 20f? o?c- fffilip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Monte Rei rs, Public Works Director pg. 5 of 18 EXHIBIT A Site Map • Playground Footprint in Yellow Rectangle • Bouldering Wall in Blue Circle • Accessible Path in Yellow Line, to be located to the left of the access road. • ADA Accessible Parking in Blue Rectangles pg. 6 of 18 EXHIBIT B Design and Specifications Design: Overview: The playground will have a rope climbing structure, swings, slides, interactive panels, and spinning features to meet the sensorimotor needs of children 5-12 years old. Younger and older children will find activities and play experiences on the playground. The surfacing will be of recycled rubber tiles that are latex free, as many children with Spina Bifida have latex sensitivities. This surface will provide an easy surface for walking and rolling a walker or wheelchair, whether for a child or a caregiver. Placing the playground next to the Rock Climbing area provides a natural flow for play and motor challenges. The proposed playground area is 68' wide x 86' long, and will be in the former horseshoe pit area. This area has been approved by the County Parks and Recreation staff. MBMCF will remove and dispose of the concrete horseshoe borders, and Parks and Rec will move the picnic table and seating. The area will be graded so that at final grade, it will be level with the west basketball court border. A 4 foot tall brown (plastic coated in brown) chain link fence with a gate will be installed at the interface of the edge of the west basketball court border and the beginning of the playground surfacing to curtail encroachment by basketball players, balls, bicycles, and skateboards onto the playground area, as well as to avoid small children wandering directly onto the basketball court. Surfacing: A poured concrete base or asphalt will be built as a foundation under the recycled bonded rubber safety surfacing tiles, as this will allow for drainage (slight slope) and enhance the longevity of the tiles. A perforated pipe drainage system will be installed around the entire perimeter of the slab, and will be drained under the HJ Carroll Park pathway to the low area to the west of the pathway. The tiles will lay flat and not be subject to settling and coming apart at the seams, as can be the case if laid over compressed, crushed gravel. In addition to its safety and shock absorption features, the tiles provide the greatest ease of mobility for people using wheelchairs and walkers, with the lowest maintenance needs. It is easier to repair in case of wear and tear, as individual tiles can be replaced, rather than performing cut-outs and replacements for solid pour in place surfacing. There is a 10 year warranty on tiles. Structures: The primary playground structure will be a Playcraft System structure that connects to a Berlinner Rope climbing structure via a rope ladder. There will also be a Spinner Toy, boogie board and swing setup with 2 swings: a Disc swing and an Expressions swing. (See Below). Berlinner's innovative net climbers have children actively climbing, swinging and balancing the entire time they play, making cable climbing nets distinctly different from other types of commercial play equipment. And the wild and wonderful shapes of these climbers naturally lend themselves to imaginative play. They meet both US and European Safety standards. Access: Two ADA van accessible parking spaces will be built in the N.E. corner of the main parking lot and connected to the playground via an accessible pathway paved with asphalt or concrete. The accessible pathway will be located to the left of the maintenance access road, so as not to create conflicts between maintenance vehicles and playground users. pg. 7 of 18 BerHaner Net Climber pg. 8 of 18 ►MIrwPw*Pwy *Unherc♦n pilrr Jupiter 1 he iupitm is iAeal fw large grasps of childmn playing at one time. I he total hctight of almost 4•5 m is eery appeal nq to chWdren. petspective Sy4O notwwo+a. Z ml I� c- I a EN 1176 (m) ASTM/CSAIml ASTMICSA (=") O m) O e 4,4x4,4x4,3 143 x 14-5 x 14-9 7,4 x 7,4 $11 xa,l 76.3 x 263 1,49 6-0 3 Playcraft Structure S� � Q C. 5 pg. 9 of 18 Site Design Map pg. 10 of 18 Detail of Disc Swing and Expressions Swing pg. 11 of 18 Detail of Boogie Board and Spinner Toy Boogie Board A -B Kick can run m place aitile holding on to the rails. or slide while sitting. standing or 13'jag down. Roto -t wlded plastic with HDPE plastic insert and rollers. Available as a modular component or t*vestss—dT STRUCRRtW. FREPC2476 pg. 12 of 18 0 PC 2491-RJ.5 Boope Board w 5-12 EXHIBIT C Budget and Fundraising Estimates of Construction & Maintenance Budget: These estimates are based on obtaining in kind donations for site preparation and concrete work. MBMCF seeks to coordinate site preparation with Todd Hulbert and the Rock Climbing Park. Site Preparation: MBMCF has a verbal agreement with Tim Thomas of Bemt Excavating to donate all site preparation work. MBMCF seeks in-kind donation of concrete work. Surfacing Tiles & Installation: Cost of tiles and adhesive: $48,000. Installation is estimated at approximately $24,000 ($4/sq ft at 6000 sq ft). Total surfacing cost fully installed without concrete: $72,000. Playground structures: Playcraft Structure & Swings = $80,000. Berlinner Rope Structures: $32,000. Total Equipment Costs: $112,000 Installation with mix of Professional and volunteer crew: The cost to have Playcraft/Allplay perform the lay -out of design, post hole digging and pole placement, and supervision of volunteer crew to assemble is estimated to be Total Equipment Costs: $20,000 Finished Playground Total Estimated Cost = $204,000 Not included in this estimate is benches and a water cooler, which we feel would make this play area more user friendly and inviting. If we proceed to include these items, we anticipate an additional $5000 for those items with installation. Warranty The wear parts in the swing components such as chains, shackles, seats, and belts have a 3 year limited warranty and the frame/posts/fittings have a 15 year limited warranty. There is a 10 year warranty on tiles. Fundraising: Local artist, Max Grover, has agreed to donate his services for creating a painting of our proposed playground, which can be used for promotional posters, t -shirt sales, etc. Some various local organizations we will be seeking financial and in-kind donations from are: East Jefferson Rotary Port Townsend Rotary Jefferson Healthcare Henery's Hardware Carl's Building Supply pg. 13 of 18 First Federal Bank Hadlock Building Supply Cotton Redi-Mix Sarah Grossman Sarah McNulty Amie Haskins Morgan Knoche Diane Haas Phil Rowe Bobbie Butler Anna McEnery pg. 14 of 18 EXHIBIT D Membership in the Jefferson Universal Movement Playground sarahg592gmail.com sarah mcnulty(a-),csd49.org jakeandamieAgmail.com mdknoche(a, email. com dianehaask mail.com winstonshomeboykgmail.com butlerrlkgmail.com amceneryAco jefferson.wa.us EXHIBIT E Scope of Work Construction Manager A construction project manager will be appointed. The construction project manager will be designated as the project lead by MBMCF, and will be the central point of contact for the County. Building Permit Jefferson County will schedule a pre -application conference and MBMCF will participate. MBMCF will apply for the building permit and pay the permit fee. Jefferson County will authorize the permit application. Phase One — Site Preparation and Initial Grading Preparation Post information signs to inform park users of the project, schedule, and park impacts. The footprint and general layout of the project will be marked and confirmed by the County. The safety plan will be initiated. The existing horse shoe pits will be removed by the MBMCF. Material will be disposed of offsite by the MBMCF. Any potential trees slated for removal will be marked and confirmed by the County. Tree debris will be hauled off site to an approved dumping location. The site will be graded, and a subgrade placed in preparation for construction. The water supply, parking spaces, and access paths, and other issues will be addressed. Foundation will be installed. Install perforated pipe perimeter drain around the entire foundation, and drain it under the HJ Carroll park pathway to the low area located to the west of the pathway. Backfill with medium drain rock to the level of the final grade of the playground safety surfacing. The accessible parking spaces will be painted and signed. The accessible pathway will be built in such a way as not to interfere with the maintenance access road. Phase Two - Finishing The playground will be installed. A final safety check will occur. The County and MBMCF will cooperate to hold an opening ceremony. pg. 15 of 18 EXHIBIT F Construction Roles and Responsibilities of Each Party Jefferson County Responsibilities 1. Set up a permit pre -application conference and authorize the permit application. 2. Provide the playground site. 3. Provide written notice to proceed prior to construction. 4. Coordinate scheduling of park activities and construction. 5. Provide a notebook containing blank volunteer registration forms, and blank timesheets for each volunteer to enter their time. 6. Provide workers compensation health insurance to volunteers. 7. Provide notice to proceed when all requirements are met. Mike Berry Memorial Children's Fund Responsibilities 1. Participate in a permit pre -application conference. 2. Obtain and pay for the building permit. 3. Provide all materials and labor for construction of the playground project to the design and specifications detailed in this agreement. 4. Implement a volunteer assisted construction program facilitated by manufacturer or distributor representatives. 5. Implement the safety plan when construction begins. 6. Provide a construction plan and proposal which details: detailed drawings, plans and schedule for construction; the construction budget, organizations who have pledged to complete the work, the equipment to be used, expected schedule, and storage requirements. 7. Allow periodic inspection of the project by the County during construction. 8. Provide and implement a project communication plan to educate and inform the general public. 9. Remove and dispose of all material or garbage generated by the project. 10. Establish and follow hours of construction that follow Jefferson County Code. pg. 16 of 18 10:4:110.1 ri Maintenance Roles and Responsibilities of Each Party Jefferson County Responsibilities 1. Repair of the structure and underlying safety surface. 2. Replacement of worn or broken parts. 3. Servicing and maintenance of parts. 4. Provide garbage patrol, and garbage disposal service. 5. Provide parking, restrooms, and access paths. 6. Provide water near the site, and maintain the water supply system. 7. Mow, string trim, cut and maintain landscape, grass and other vegetation surrounding the site. 8. Control weeds. 9. A staff member who is an experienced certified playground inspector will conduct a detailed annual inspection which will be documented in an inspection notebook, kept in the park office. 10. Accept a $10,000 donation from the MBMCF and hold it in a new dedicated fund created by resolution of the Jefferson County Board of Commissioners, named HJ Carroll Accessible Playground Fund to be managed according to the terms of this agreement. If, at the end of the useful life of the HJ Carroll Park Accessible Playground, there are funds remaining, then those funds will be used either to remove or replace the HJ Carroll Park Accessible Playground. The maintenance fund will not be used for routine inspection, cleaning, weeding, garbage collection, or similar routine maintenance services, which shall be accomplished under the County's regular Parks and Recreation Program or with volunteers. 11. Jefferson County is not responsible for maintenance expenses above and beyond the $10,000 maintenance fund. Mike Berry Memorial Children's Fund Responsibilities 1. Raise a $10,000 maintenance fund and donate it to Jefferson County to hold strictly for purposes of maintenance of the HJ Carroll Park Accessible Playground. 2. Register all volunteers conducting work in advance, and report service hours. pg. 17 of 18 EXHIBIT H MBMCF Playground Construction Safety Plan (or insert a different safety plan) • Inform park users about the project with signs and information. Check the HJ Carroll Park schedule for conflicts with events. Respect and communicate with other park users. • Pre -Build Checklist for Construction Manager o The construction site will be completely fenced and signed as closed to keep park users off of incomplete or dangerous areas and dirt piles. o Check to make sure the first aid kit is on site. o Check to make sure each volunteer has completed a registration form and has signed in for the day. o Check fencing, signage, caution tape. Make sure designated areas are set up in advance for parking, equipment, materials, waste etc. o Introductions o Explain Tool Use Policies/Availability (Construction Leader) o Highlight Waste /Recycling Containers and Policy o Highlight Toilet Facilities /First Aid Kit location o Highlight Meal and Break Times o Highlight Goals for the Workday or Shift o Review Weather -Related Safety General Safety o Speak up -if something looks unsafe it probably is. An observer can spot danger quicker than the worker. o Don't lift beyond your strength. Get a partner. Remember to bend your knees. Lift with your back straight. o Keep an eye on your load as you move and turn so as not to whack someone with a board. o Do not run when carrying tools or materials. o Know where water and the first aid kit are located. o Tell the construction manager immediately in the event of an injury. o Think and concentrate on your task. o If you are uncertain about how to do a task, or how to operate a power tool, ask. o Be alert for the safety of others as well as your own. Only persons 18 and older, who have been properly trained, may use power tools. o When encroaching on the roadway with equipment, a properly trained flagger with signage shall be used to alter and control traffic. Personal Safety o Select the correct tool for your work. Carry only those you need. o If you are uncertain about how to do a task, or how to operate a power tool, ask the construction manager for assistance. o Have portable water at site. Drink plenty of water. o Personnel working on slopes or below others must wear hard hats. o Wear ear protection when exposed to noise of machinery or tools. pg. 18 of 18 o Eye and face protection is required when operations present potential eye or face damage. o Hammering of the use of power tools has the potential to produce projectiles, which could cause eye injuries. Use safety glasses. o When persons are exposed to harmful respiratory substances, respiratory protective devices must be used. o Clothing should be loose enough to permit easy bending but not loose enough to get caught in moving tools. o Take breaks as needed. Fatigue can cause accidents o Dress appropriately for the work. o High top shoes, with safety caps and steel shanks may help avoid injury. Sneakers provide little protection against stepping on nails or falling objects. • Housekeeping o Keep the work area clean and orderly • Equipment Safety o Dump trucks: when dump trucks are working on site, one designated dump truck guide will be appointed to survey the safety of the scene, communicate with the driver, and watch for park users. The area of the park in use will be closed to all park users. o Heavy Equipment: Only professional equipment operators may operate heavy equipment. Only experienced construction workers may work anywhere in the vicinity of heavy equipment. o Hand tools: treat with respect, do not leave on the ground, use proper technique. o Wear proper personal protective equipment. • Accidents o All accidents, no matter how minor or trivial, should be recorded on the incident report form, and the Construction Manager notified. o In the cause of minor accidents first aid may be administered on site at the time of occurrence, if the patient consents. The decision to continue work is the patients. The site supervisor has authority to disallow future work for a period of time, or to assign a less strenuous task, appropriate to the injury. o In the case of a serious accident, the 911 system shall be activated, appropriate first aid administered and the patient kept as comfortable as possible until medical help arrives on the scene. o Jefferson County Incident Reports will be used. pg. 19 of 18