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HomeMy WebLinkAbout060721_ca04 Department of Public Works O Consent Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, Interim County Administrator From: Monte Reinders, Public Works Director/County Engineer 1 Agenda Date: June 7, 2021 Subject: Agreement for donation to build a playground at HJ Carroll Park Statement of Issue: On June 17, 2017 the Jefferson County Board of Commissioners approved an agreement for donation of an accessible playground by the Jefferson Universal Movement Playground (JUMP!) group. Since that time the scope and approach to the project has changed. The changes include: a $500,000 RCO grant, construction by Public Works instead of JUMP!, and increased playground size. A new agreement reflecting these changes has been prepared. The Michael Berry Memorial Children's Foundation (MBMCF), a 501(c)(3) non-profit corporation is the fiscal sponsor for the JUMP! project. Analysis/Strategic Goals/Pro's £t Con's: The playground is the only one of its type within a 1 hour drive of HJ Carroll Park. The playground is both an accessible playground, and destination playground for the entire community. Fiscal Impact/Cost Benefit Analysis: JUMP! will donate a total of $272,733 to Jefferson County for use as RCO grant matching funds. This donation includes a $10,000 ongoing maintenance fund. Jefferson County wilt manage all aspects of construction. The total project value is $892,802. Recommendation: Sign three copies of the agreement and return them to Public Works. Department Contact: Matt Tyler. 385-9129 Reviewe 37 /9 Mark McCain , Interim County Ad 'n trator Dat Agreement Between Jefferson County and the Mike Berry Memorial Children's Fund This agreement is made and entered into on this day of 2021. 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), a 501(c)(3) non-profit corporation currently serving as fiscal sponsors for the Jefferson Universal Movement Playground (JUMP!) group. 1. As fiscal sponsors for JUMP!, MBMCF seeks to donate $222,733 raised by JUMP!, and $50,000 raised by MBMCF, for a total of $272,733, for use as matching funds for Recreation and Conservation Office (RCO), WWRP Local Parks Program, Development Grant # 20- 1210 titled Jefferson Univeral Movement Playground. The project is to build Phase One (see Exhibit A) of an 11,689 square foot accessible playground located at HJ Carroll County Park, and provide $10,000 for ongoing maintenance to be held by Jefferson County. The County accepts the offer of MBMCF to donate the matching funds, and the maintenance funds. 2. This project was initiated by (JUMP!), a group of physical and occupational therapists, parents of children with disabilities, and community members, organized into an unincorporated board, formed specifically to build a new accessible playground at HJ Carroll Park. Rather than form their own non-profit corporation, JUMP! entered into a fiscal sponsorship agreement with MBMCF on February 3, 2017. 3. This agreement replaces the prior agreement between the MBMCF approved on July, 10, 2017, in which the JUMP! would build the playground and donate it to the County. 4. Definitions: a. 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. b. Accessible Playground. an area of approximately 11,689 square feet; with a rock foundation; surfaced with recycled rubber playground safety tiles; containing children's play structures; and an access paths leading from accessible parking in the existing parking lot. The accessible playground will be located in HJ Carroll Park, 9884 SR 19 Chimacum, Washington, 98325. c. Ongoing Maintenance: $10,000 of this donation will be held by Jefferson County in a dedicated fund for ongoing maintenance of the playground. d. Jefferson County (the County): Jefferson County, Public Works Department, Parks and Recreation Division, 623 Sheridan St., Port Townsend, WA 98368. Phone: (360) 385-9129. pg. 1 of 13 e. Phase One: (See Exhibit A): the portion of the playground that includes the pathways, sea snail plaza, climbing rocks, musical instrument, orca play structure, play islands, fencing, landscaping, and surfacing for these amenities. The funding at the time of this agreement is to build Phase One. Should additional funding become available then there is nothing in this agreement to prevent the construction of Phase One and Phase Two. f. Phase Two: (See Exhibit A): the portion of the playground that includes the boat play structure, swing set, water fountain, and surfacing for these amenities. Funding at the time of this agreement is insufficient to build Phase Two. Should additional funding become available then there is nothing in this agreement to prevent the construction of Phase One and Phase Two. 5. The County is responsible for all aspects of project construction and grant administration. 6. The playground shall become the property of Jefferson County. Nothing in this agreement shall prevent MBMCF, JUMP! 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. 7. Construction of the project includes in -kind donations of equipment, labor, and materials. All volunteers working on the playground project are County Volunteers. As such, the following terms and conditions apply: a. All volunteers working on the site must complete a risk release/liability waiver and 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 Health Insurance paid for by the County. d. All volunteers must be briefed by in the dangers, risks and hazards of the work they are undertaking. e. All volunteers must be trained by 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 j. See Exhibit H for the construction safety plan. 8. No volunteer performing work pursuant to this AGREEMENT shall become or be considered an employee of the County. 9. No volunteer performing work pursuant to this AGREEMENT shall be compensated by the County. pg. 2 of 13 10. This is a public works project, prevailing wage laws apply to all paid work occurring on this project. 11. 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. 12. MBMCF indemnifies and hold harmless the County against and from claims arising from MBMCF's sole negligence or willful act with respect to, without limitation, the construction of the accessible playground project. 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 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. 15. 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. pg. 3 of 13 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 Kate Dean, Chair Greg Brotherton, Member Heidi Eisenhour, Member Approved as to form only this _ day of 20 0-c- (ILI v 1 Philip C. Hunsucker, Chief Civil Deputy osecuting Attorney Jefferson County Prosecuting Attorney's Office � � Z M ers Public Works Director pg. 4 of 13 EXHIBIT A Development Site Plan 30% Design JUMP! Playground Improvements at HJ Carroll Park r- _ - - - - -- r 3• 1 Existing r 0 .� :� � r basketball 1 New JUMP! courts 1 1 3 playground 1 1 r y y rr. Phase 1 r New community 1 # i plazaExi 1 Phase i ng soccer �► r — — — — — — — — — — — — — — — — — — - — W— - - i...l •IH_ �---; ' . 1 i ADA parking ' 1 1 , stalls � 1 ' now perimeter New ADA = 1 r ew .1 + fencing access path Existing restroom >` Bike 4� repair station _ Existing park Native plant perimeter trail —_ 1� restoration ASSOCIATES Existing transit r s" ' • stop A1, _ + ^ Development Site Plan =� pg. 5 of 13 EXHIBIT B Design and Specifications This project is at 30% design. Architects Nakano and Associates have prepared 15 sheets of contract plans which are available under separate cover. pg. 6 of 13 EXHIBIT C Revenue Budget Jefferson Universal Movement Playground Budget Summary Revenue Budget Cash Funds Value % of Total JUMP $ 222,733 24.95% MBMCF $ 50,000 5.60% Subtotal $ 272,733 Pledged Donations of Cash Funds Jefferson Health Care $ 15,000 1.68% Jefferson County Funds for Pathway $ 15,000 Jefferson County Funds for Project Manager $ 42,954 Subtotal $ 72,954 8.17% RCO Grant $ 500,000 56.00% Total $ 845,687 94.72% In -Kind Donations Demolition and Site Preparation $ 27,429 3.07% Playground Footings Preparation $ 14,186 1.59% Concrete $ 5,500 0.62% Subtotal $ 47,115 5.28% Total $ 892,802 100.00% pg. 7 of 13 EXHIBIT D Expense Budget Jefferson Universal Movement Playground Budget Summary 30% Design Expense Estimate Budget Item Quantity Unit Unit Cost Sub Total NORTH PHASE DEMO Clear and Grub for playground 11,879 SF $1.00 $ 11,878.50 Strip and export topsoil6" average for playground 142 CY $27.00 $3,834.00 Demo Subtotal $15,712.50 EARTHWORK Rough Grading, Cut & Fill for playmound 1,600 SF $1.50 $2,400.00 Earthwork Subtotal $2,400.00 HARDSCAPE Cem, Conc. Sidewalk-4" (includes N. & S. Phase Path) 1,278 SF $5.00 $6,387.50 Seat wall, 18" high 18 LF $125 00 $2,225.00 Concrete curb 300 LF $20.00 $5,992.00 Hardscape Subtotal $14,604.50 LANDSCAPING Planting Tree protection 4 EA $50 $200.00 Finish grading 1,398 SY $0.50 $699.08 Irrigation 4,195 SF $0.50 $2,097.25 Small Trees (medium, 3/4" caliper) 8 EA $150 $1,200.00 Conifers ( 6-8' HT) 2 EA $250 $500.00 Hydroseeding 3,945 SF $0.50 $1,972.50 Mulch ( 3" woodchips) for tree pits only 2.3 CY $50 $115.00 Amend existing soils (4" compost) 51.7 CY $40 $2,068.00 Planting Subtotal $8,851.83 Fencing 9 ga. Vinyl coated 4' chain link fence 336 LF $29 $9,744 00 Fence Subtotal $9,744 00 Site Furniture Benches 2 EA $1,300 $2,600.00 Site Furniture Subtotal $2,600 00 Art Rebecca Welti "sea urchin larvae" Art piece 1 EA $45,000 Rebecca Welti Small Plankton art in concrete 10 ea $250 Art Subtotal Play area equipment Inclusive Merry Go round- ADA Whirl ( GT) 1 EA $15,500 $15,500.00 Net climber- Omni tri Net ( GT) 1 EA $28,500 $28,500 00 Spring rider 1 EA $2,500 $2,500 00 Spring rider ( custom) 1 EA $3,200 $3,200.00 Disk swing ( GT or LS) 1 EA $7,000 $7,000.00 Playstructure q 2 ( GT) 1 EA $80,000 $80,000 00 Rollderslide (IS), 40 " height 1 EA $9,680 $9,679.50 Rock climbing-AdventureScapes® Design 5 ( LS) 1 EA $55,000 $55,000.00 Metallophone 1 EA $5,805 $5,804.50 Serenity Spot by Burke Play 1 EA $6,000 $6,000 00 Play area equipment Subtotal $213,184.00 Play area surfacing Playground grass (green) 3,190 SF $17.85 $56,932.58 Playground grass (blue) 2,427 SF $19.35 $46,952.78 Playground grass mound 8' dia. 1 EA $2,730 $2,730.00 Playground grass mound 5' dia. 2 EA $1,300 $2,600.00 3" Compacted aggregate base for playground grass 51 CY $48 $2,448.00 Play tile safety surfacing (tan) incl subgrade 1443.5 SF $14 $20,209.00 Play area surfacing Subtotal $131,872.35 -- North Phase Subtotal $398,4fi9 pg. 8 of 13 EXHIBIT D Continued Expense Budget SOUTH PHASE DEMO Clear and Grub for playground Strip and export topsoil 6" average for playground HARDSCAPE Cem. Conc. Sidewalk-4", playground Seat wall, 18" high Concrete curb PLAZA ( and path from loop trail) DEMO Clear and Grub for plaza Strip and export topsoil 6" average for plaza HARDSCAPE Cem. Conc. Sidewalk-4",plaza Seat wall, 18" high Fencing 9 ga. Vinyl coated 4' chain link gates Site Furniture Trash Receptables ADA picnic Tables w seats Drinking fountain bottle filler Structure 5,337 SF $1.00 $5,337.00 67 CY $27.00 $1,809.00 Demo Subtotal $7,146.00 653 SF $5.00 $3,265.00 21 LF $125.00 $2,650.00 142 LF $20.00 $2,844.00 Hardscape Subtotal $8,759.00 South Phase Subtotal $15,905 1,442 SF $1.00 $1,442.00 27 CY $27.00 $729.00 Demo Subtotal $2,171.00 1,442 SF $5.00 $7,209.70 55 LF $125.00 $6,812.50 Hardscape Subtotal $14,022.20 1 EA $150 $450.00 Fence Subtotal $450.00 2 EA $600 $1,200.00 6 EA $2,000 $12,000.00 1 EA $1,500 $1,500.00 Site Furniture Subtotal $14,700.00 Shade structure GT( 20x20 12' height cantilever) 1 EA $7,000 $7,000.00 Structure Subtotal $7,000.00 Plaza and path Subtotal $38,343� OTHER PARK IMPROVEMENTS Clear and Grub for paths in park Crushed rock, paths to ballfields Cem. Conc. Sidewalk-4", paths in park Fixit Bike Repair Station Native plant restoration 2,824 SF $0.50 $1,412.00 733 SF $12.00 $8,796.00 2,091 SF $5.00 $10,455.00 1 EA $1,900.00 $1,900.00 1,500 SF $1.50 $2,250.00 Other park Improvements Subtotal $24,813 SUBTOTAL -ALL IMPROVEMENTS $479,030 5%mobilization $23,902 Subtotal $S01,932 15%Overhead and profit $75,290 Subtotal $577,222 Sales tax (9%) $51,950 Subtotal $629,172 20%Contingency $125,834 SUB TOTAL CONSTRUCTION COSTS $755,006 pg. 9 of 13 EXHIBIT D Continued OTHER PROJECT COSTS Design consultant fees Schematic Design- 60% Construction Documents (100% Design) County Project Costs Construction Management Building Permit Maintenance Fund Expense Budget 1 EA $31,360 $29,360.00 1 EA $20,686 $20,686.00 Design Fees Subtotal $50,046.00 1 EA $75,000 $75,000.00 $2,750.00 County Project Cost Subtotal $77,750.00 $10,000.00 GRAND TOTAL PROJECT COSTS $892,802 pg. 10 of 13 EXHIBIT E Schedule of Funds Transfer Jefferson Universal Movement Playground Budget Summary Schedule of Funds Transfer by MBMCF to County Date Description Amount 6/15/2021 Grant Matching Funds for Design $ 57,630 6/1/2022 Grant Matching Funds for Construction $ 230,103 Total $ 287,733 pg. 11 of 13 Sarah Grossman Sarah McNulty Arnie Haskins Morgan Knoche Diane Haas Phil Rowe Bobbie Butler Anna McEnery EXHIBIT E Membership in the Jefferson Universal Movement Playground sarahg59a,gmai1.com sarah mcnul!y@csd49.org iakeandamie@gtnail.com mdknoche@gmail.corn dianehaas@gmai1.com winstonshomeboy@p-mail.com butierrl@gmail.com amcenery@cojefferson.wa.us pg. 12 of 13 EXHIBIT G Maintenance Fund Uses and Roles and Responsibilities of Each Party Purpose and Use of Maintenance Fund MBMCF will donate $10,000 to the County for the purpose of a playground maintenance fund. The County will hold and manage the fund strictly for maintenance of the playground according to the terms of this agreement. The county will hold the funds in a new dedicated fund named HJ Carroll Accessible Playground Fund. The maintenance fund will only be used for playground repair or replacement of playground equipment, surfacing, fencing, landscaping, drainage, or foundation. The maintenance fund will not be used for routine inspection, cleaning, pressure washing, landscape maintenance, garbage collection, or similar routine maintenance, which shall be accomplished under the County's regular Parks and Recreation Program or with volunteers. 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. 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. 13 of 13