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Metro ~ IG163002 ~ Bull Mountain Park Natural Areas Bond Grant 11 3 COZ- M E TR O INTERGOVERNMENTAL AGREEMENT Por NE Grand Ave. Portland,OR 97232-2736 (503)797-1700 Contract No.933914 Natural Areas Bond Measure Capital Grants Component This Intergovernmental Agreement (this "Agreement"), entered into under the provisions of ORS chapter 190 and effective on the date the Agreement is fully executed (the "Effective Date"), is by and between Metro, a metropolitan service district organized under the laws of the state of Oregon and the Metro Charter, located at 600 N.E. Grand Avenue, Portland, Oregon 97232-2736, and the City of Tigard, located at 13125 SW Hall Blvd. Tigard, OR 97233 (the "Government Sponsor"). RECITALS WHEREAS, the electors of Metro approved Ballot Measure 26-80 on November 7, 2006, authorizing Metro to issue $227.4 million in bonds to preserve natural areas, clean water, and protect fish and wildlife (the "Measure"); WHEREAS,the Measure allocated $15 million from bond proceeds to the Nature in Neighborhoods Capital Grants Program to complement the regional and local share portions of the Measure by providing opportunities for the community to actively protect fish and wildlife habitat and water quality in areas where people live and work; WHEREAS, Metro has determined to make a grant award to Friends of Bull Mountain Nature Park with Tualatin Watershed Council as fiscal sponsor (the "Grant Recipient") to fund Bull Mountain Nature Park Improvements (the "Project") in accordance with a grant agreement between Metro and the Grant Recipient, the form of which agreement is attached hereto as Exhibit A (the "Grant Agreement"); WHEREAS, the Government Sponsor, a local government jurisdiction, is the owner of certain property where the Project is to occur and be located, which property is more specifically identified in the Grant Agreement (the "Property"); and Page 1 — Capital Grants IGA/Bull Mountain Nature Park C M E T R O INTERGOVERNMENTAL AGREEMENT Por NE Grand Ave. Portland,OR 97232-2736 (503)797-1700 WHEREAS, the Government Sponsor has approved of the Project and an agreement between Metro and the Government Sponsor is now needed to satisfy the terms and conditions of the Nature in Neighborhoods Capital Grants Program as provided for in the Measure. NOW THEREFORE, the parties agree as follows: 1. Government Sponsor's Consent and Agreement The Government Sponsor hereby approves the Project described in the Grant Agreement and authorizes such project to take place on the Property. As a condition precedent to Metro's agreement to fund the Project, the Government Sponsor hereby agrees to comply with the terms and conditions of this Agreement, the applicable provisions of the Measure, and the attached Grant Agreement (see Exhibit A). 2. Declaration of Capital Project In accordance with the Measure, Metro may only provide funds to the Grant Recipient for the Project so long as such funds are exclusively used for capital expenses. The Government Sponsor hereby confirms that the Project will result in the creation of a capital asset as specifically described in the Grant Agreement to be owned by the Government Sponsor. The monetary value of the Project that is recorded as a capital asset shall be no less than the amount of the grant award that is provided to Grant Recipient. The Government Sponsor covenants that it will (a) own and hold all such capital improvements and real property interests acquired pursuant to this Agreement, and (b) record the asset created by the Project as a fixed, capital asset in the Government Sponsor's audited financial statement, consistent with Generally Accepted Accounting Principles ("GAAP") and with the Government Sponsor's financial bookkeeping of other similar assets. 3. Funding Metro has no financial obligation to the Government Sponsor under this Agreement. Metro's funding is being provided to the Grant Recipient pursuant to the Grant Agreement between Metro and the Grant Recipient. Page 2— Capital Grants IGA/Bull Mountain Nature Park 1 CMETRO d Ave. INTERGOVERNMENTAL AGREEMENT 60oNPortlanndd,,OOR R 9772323 2-2736 (503)797-1700 4. Purpose; Limitations A. The purpose of this Agreement is to implement the Measure and facilitate the funding of a Nature in Neighborhoods Capital Grants Program project on the Property. B. At no time will Metro have any supervisory responsibility regarding any aspect of the Project or the Property. Any indirect or direct involvement by Metro in the Project shall not be construed or interpreted by the Government Sponsor as Metro's assumption of a supervisory role. 5. Term It is the intent of the parties for the Project to have been completed, and for all Metro funding to have been provided to Grant Recipient prior to January 31, 2019. Notwithstanding the forgoing, all provisions set forth in this Agreement, and the obligations of the Government Sponsor hereunder, shall continue in effect after the completion of the Project until June 30, 2027. 6. Limitations on Use of Property A. Real Property and Associated Buildings and Improvements Throughout the term of this Agreement, the portion of the Property upon which the Project will be located (the "Project Area") shall be maintained and operated in a manner consistent with one or more of the following intended and stated purposes of the Measure (the "Nature in Neighborhood Approved Purposes"): • To safeguard water quality in local rivers and streams; • To protect and enhance fish and wildlife habitats; • To promote partnerships that protect and enhance nature in neighborhoods; and • To increase the presence of ecological systems and plant and animal communities in nature deficient and other disadvantaged neighborhoods; Notwithstanding the forgoing, secondary uses that arise as a result of the Project Area being used primarily in accordance with the Nature in Neighborhood Approved Purposes will be permitted, but only to the extent such secondary uses affect a de minimis portion of the Page 3 — Capital Grants IGA/Bull Mountain Nature Park CMETRO d Ave. INTERGOVERNMENTAL AGREEMENT 600NPortlanndd,,OOR R 9772323 2-2736 (503)797-1700 Project Area or are necessary in order to facilitate the primary Nature in Neighborhood Approved Purposes. For example, if, as part of a land use review proceeding initiated to obtain the necessary approvals to operate the Project Area consistent with the Nature in Neighborhood Approved Purposes, a portion of the Project Area was required to be dedicated as a road, such road dedication would be a permitted secondary use of the Project Area. B. Construction of Buildings or Other Capital Improvements All buildings and other capital improvements constructed on the Property using funds provided by Metro pursuant to the Grant Agreement shall be maintained in accordance with the Nature in Neighborhood Approved Purposes. The Government Sponsor may not sell, use, or authorize others to use such buildings or improvements in a manner inconsistent with the intended and stated purposes of the Measure. 7. Oregon Constitution and Tax Exempt Bond Covenants The Government Sponsor acknowledges that Metro's source of funds for the Nature in Neighborhoods Capital Grants Program is from the sale of voter-approved general obligation bonds that are to be repaid using ad valorem property taxes exempt from the limitations of Article XI, sections 11, 11 b, 11 c, 11 d, and 11 e of the Oregon Constitution, and that the interest paid by Metro to bond holders is currently exempt from federal and Oregon income taxes. The Government Sponsor covenants that it will take no actions that would cause Metro not to be able to maintain the current status of the real property taxes imposed to repay these bonds as exempt from Oregon's constitutional property tax limitations or the income tax exempt status of the bond interest under IRS rules. In the event the Government Sponsor breaches this covenant, the Government Sponsor shall undertake whatever remedies are necessary to cure the default and to compensate Metro for any loss it may suffer as a result thereof, including, without limitation, reimbursing Metro for any Projects funded under this Agreement that resulted in the Government Sponsor's breach of its covenant described in this Section. 8. Funding Recognition The Government Sponsor shall recognize in any publications, media presentations, or other presentations referencing the Project produced by or at the direction of the Government Page 4— Capital Grants IGA/Bull Mountain Nature Park CMETRO d Ave. INTERGOVERNMENTAL AGREEMENT 60oNPortlanndd,,OOR R 9772323 2-2736 (503)797-1700 Sponsor, including, without limitation, any on-site signage, that funding for the Project came from the Metro Natural Areas Bond Measure's Nature in Neighborhoods Capital Grants Program. Such recognition shall comply with the recognition guidelines detailed in the Measure. The Government Sponsor shall also permit the Grant Recipient to place at or near the Project's location signage that communicates that funding for the Project came from the Metro Natural Areas Bond Measure's Nature in Neighborhoods Capital Grants Program. 9. Termination for Cause A. Subject to the notice provisions set forth in Section 9B below, Metro may terminate this Agreement, in full or in part, at any time during the term of the Agreement if Metro reasonably determines that the Government Sponsor has failed to comply with any provision of this Agreement and is therefore in default. B. Prior to terminating this Agreement in accordance with Section 9A above, Metro shall provide the Government Sponsor with written notice that describes the reason(s) that Metro has concluded that the Government Sponsor is in default and includes a description of the steps that the Government Sponsor shall take to cure the default. The Government Sponsor shall have 30 days from the date such notice is received of default to cure the default. In the event the Government Sponsor does not cure the default within the 30-day period, Metro may terminate all or any part of this Agreement. Following such termination, Metro shall notify the Government Sponsor in writing of effective date of the termination. C. The Government Sponsor shall be liable to Metro for all reasonable costs and damages incurred by Metro as a result of and in documentation of the default. Following such termination, should Metro later determine or a court find that the Government Sponsor was not in default or that the default was excusable (e.g. due to a labor strike, fire, flood, or other event that was not the fault of, or was beyond the control of the Government Sponsor) this Agreement shall be reinstated or the parties may agree to treat the termination as a joint termination for convenience whereby the rights of the Government Sponsor shall be as set forth below in Section 10. Page 5 — Capital Grants IGA/Bull Mountain Nature Park CMETRO d Ave. INTERGOVERNMENTAL AGREEMENT 60oNPortlanndd,,OOR R 9772323 2-2736 (503)797-1700 10. Joint Termination for Convenience Metro and the Government Sponsor may jointly terminate all or part of this Agreement based upon a determination that such action is in the public interest. Termination under this provision shall be effective only upon the mutual, written, signed agreement of both Metro and the Government Sponsor. 11. Mutual Indemnification The Government Sponsor shall indemnify, defend, and hold Metro and Metro's agents, employees, and elected officials harmless from any and all claims, demands, damages, actions, losses, and expenses, including attorney's fees, arising out of or in any way connected with the performance of this Agreement by the Government Sponsor or the Government Sponsor's officers, agents, or employees, subject to the limitations and conditions of the Oregon Tort Claims Act, ORS chapter 30. Metro shall indemnify, defend, and hold the Government Sponsor and the Government Sponsor's agents, employees, and elected officials harmless from any and all claims, demands, damages, actions, losses, and expenses, including attorney's fees, arising out of or in any way connected with the performance of this Agreement by Metro or Metro's officers, agents, or employees, subject to the limitations and conditions of the Oregon Tort Claims Act, ORS chapter 30. 12. Project Records, Audits, and Inspections A. For the term of this Agreement, the Government Sponsor shall maintain comprehensive records and documentation relating to the Project and the Government Sponsor's performance of this Agreement (hereinafter"Project Records"). Project Records shall include all records, reports, data, documents, systems, and concepts, whether in the form of writings, figures, graphs, or models, that are prepared or developed in connection with any Proj ect. B. In accordance with Section 2 above, the Government Sponsor shall maintain all fiscal Project Records in accordance with GAAP. In addition, the Government Sponsor shall maintain any other records necessary to clearly document: Page 6— Capital Grants IGA/Bull Mountain Nature Park CMETRO d Ave. INTERGOVERNMENTAL AGREEMENT 60oNPortlanndd,,OOR R 9772323 2-2736 (503)797-1700 (i) The Government Sponsor's performance of its obligations under this Agreement, its compliance with fair contracting and employment programs, and its compliance with Oregon law on the payment of wages and accelerated payment provisions; (ii) Any claims arising from or relating to (a)the performance of the Government Sponsor under this Agreement, (b) Government Sponsor's relationship with the Grant Recipient, or(c) any other contract entered into by the Government Sponsor that relates to this Agreement or the Project; (iii) Any cost and pricing data relating to this Agreement; and (iv) Payments made to all suppliers and subcontractors engaged in any work for the Government Sponsor related to this Agreement or the Project. C. The Government Sponsor shall maintain Project Records for the longer period of either(a) six years from the date the Project is completed, or(b) until the conclusion of any audit, controversy, or litigation that arises out of or is related to this Agreement or the Project and that commences within six years from the date the Project is completed. D. The Government Sponsor shall make Project Records available to Metro and its authorized representatives, including, without limitation, the staff of any Metro department and the Metro Auditor, within the boundaries of the Metro region, at reasonable times and places, regardless of whether litigation has been filed on any claims. If the Project Records are not made available within the boundaries of Metro, the Government Sponsor agrees to bear all of the costs incurred by Metro to send its employees, agents, or consultants outside the region to examine, audit, inspect, or copy such records, including, without limitation,the expense of travel,per diem sums, and salary. Such costs paid by the Government Sponsor to Metro pursuant to this Section shall not be recoverable costs in any legal proceeding. E. The Government Sponsor authorizes and permits Metro and its authorized representatives, including, without limitation, the staff of any Metro department and the Metro Auditor, to inspect, examine, copy, and audit the books and Project Records of the Government Sponsor, including tax returns, financial statements, other financial documents relating to this Page 7— Capital Grants IGA/Bull Mountain Nature Park CMETRO d Ave. INTERGOVERNMENTAL AGREEMENT 60oNPortlanndd,,OOR R 9772323 2-2736 (503)797-1700 Agreement or the Project. Metro shall keep any such documents confidential to the extent permitted by Oregon law, subject to the provision of Section 12(F) below. F. The Government Sponsor agrees to disclose Project Records requested by Metro and agrees to the admission of such records as evidence in any proceeding between Metro and the Government Sponsor, including, but not limited to, a court proceeding, arbitration, mediation or other alternative dispute resolution process. G. In the event the Project Records establish that the Government Sponsor owes Metro any sum of money or that any portion of any claim made by the Government Sponsor against Metro is not warranted, the Government Sponsor shall pay all costs incurred by Metro in conducting the audit and inspection. 13. Public Records All Project Records shall be public records subject to the Oregon Public Records Law, ORS 192.410 to 192.505. Nothing in this Section shall be construed as limiting the Government Sponsor's ability to consider real property transactions in executive session pursuant to ORS 192.660(1)(e) or as requiring disclosure of records that are otherwise exempt from disclosure pursuant to the Public Records Law (ORS 192.410 to 192.505) or Public Meetings Law (ORS 192.610 to 192.690). 14. Law of Oreizon; Public Contractiniz Provisions The laws of the state of Oregon shall govern this Agreement and the parties agree to submit to the jurisdiction of the courts of the state of Oregon. All applicable provisions of ORS chapters 187, 279A, 279B, and 279C, and all other terms and conditions necessary to be inserted into public contracts in the state of Oregon, are hereby incorporated as if such provisions were a part of this Agreement. Specifically, it is a condition of this Agreement that the Government Sponsor and all employers working under this Agreement are subject to and will comply with ORS 656.017 and that, for public works subject to ORS 279C.800 to 279C.870 pertaining to the payment of prevailing wages as regulated by the Oregon Bureau of Labor and Industries, the Government Sponsor and every contractor and subcontractor shall comply with all such provisions, including ORS 279C.836 by filing a public works bond with Page 8— Capital Grants IGA/Bull Mountain Nature Park CMETRO d Ave. INTERGOVERNMENTAL AGREEMENT 600NPortlanndd,,OOR R 9772323 2-2736 (503)797-1700 the Construction Contractors Board before starting work on the project, unless exempt under that statute. 15.Notices and Parties' Representatives Any notices permitted or required by this Agreement shall be addressed to the other party's representative(s) as set forth below and shall be deemed received (a) on the date they are personally delivered, (b) on the date they are sent via facsimile, or (c) on the third day after they are deposited in the United States mail, postage fully prepaid, by certified mail return receipt requested. Either party may change its representative(s) and the contact information for its representative(s) by providing notice in compliance with this Section of this Agreement. Government Sponsor's Designated Representatives: Steve Martin 13125 SW Hall Blvd. Tigard, OR 97233 Email: steve@tigard-or.gov Metro's Designated Representatives: Natural Areas Bond Program Manager Metro Regional Center 600 N.E. Grand Ave. Portland, OR 97223 Fax (503)-797-1849 with copy to: Metro Attorney 600 N.E. Grand Ave. Portland, OR 97223 Fax (503) 797-1792 Page 9— Capital Grants IGA/Bull Mountain Nature Park CMETRO d Ave. INTERGOVERNMENTAL AGREEMENT 60oNPortlanndd,,OOR R 9772323 2-2736 (503)797-1700 16. Assignment The Government Sponsor may not assign any of its responsibilities under this Agreement without prior written consent from Metro, which consent shall not be unreasonably withheld. 17. Severability If any term or provision in this Agreement shall be adjudged invalid or unenforceable, such adjudication shall not affect the validity or enforceability of the remainder of the Agreement, which remaining terms and provisions shall be valid and be enforced to the fullest extent permitted by law. 18. Entire Agreement; Modifications This Agreement constitutes the entire agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. The Parties, by the signatures below of their authorized representatives, hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. Page 10— Capital Grants IGA/Bull Mountain Nature Park METRO INTERGOVERNMENTAL AGREEMENT 60oNnd,OR 723 Portland,OR 97232-2736 (503)797-7700 IN WITNESS WHEREOF,the parties hereto have set their hands on the day and year indicated below. City of Tigard METRO Signature 4Ma Benne X� Metro Chief Operating Officer Print Name:..__... �d./1��r�rs: L. (/i.�t n-v Title. Gt Date: ' Z0 16- Date: APPROVED AST FORM Sid tur Hope Whitney Senior Assistant Metro Attorney Print Name: Title: Date: a�f a3 I t t Date: .. Page 11 - Capital Grants IGA/Bull Mountain Nature Park Exhibit A of Co.933914 M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 Grant Agreement (503)797-1700 Metro Contract No: 933913 NATURAL AREAS BOND MEASURE CAPITAL GRANT AWARD This Agreement is entered into between Metro, an Oregon municipal corporation, located at 600 NE Grand Avenue, Portland, Oregon 97232-2736, and the Friends of Bull Mountain Park, an Oregon non-profit corporation located at 13293 SW Woodshire Lane, Tigard, Oregon 97223, with the Tualatin River Watershed Council, an Oregon non-profit corporation with 501 c3 exemption, mailing address PO Box 338, Hillsboro, OR 97123-0038, serving as the fiscal agent. The Friends of Bull Mountain Park is hereinafter referred to as the "Grant Recipient." Metro has established the Nature in Neighborhoods Capital Grants program with the purpose of funding capital projects throughout the metropolitan region. Except as specifically provided in this Agreement, including the Scope of Work attached hereto as Exhibit A, and otherwise notwithstanding any statements or inferences to the contrary, Metro neither intends nor accepts any (1) direct involvement in these projects (2) sponsorship benefits or supervisory responsibility with respect to the projects; or (3) ownership or responsibility for care and custody of the tangible products which result from the projects. THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF WORK Grant Recipient shall perform all activities described in the Scope of Work attached hereto as Exhibit A (the "Work"). Grant Recipient shall not be entitled to any payment under this Agreement unless and until Metro and the public entity that owns the real property where the Work will occur (the "Local Government Sponsor") have entered into a separate intergovernmental agreement in a form acceptable to Metro requiring, in part, that the Local Government Sponsor commit to treat the Work as a capital improvement. Any work by Grant Recipient prior to Metro and the Local Government Sponsor entering into the separate intergovernmental agreement, acceptable to each in their sole discretion, shall be at Grant Recipient's risk. 2. TERM OF AGREEMENT The term of this Agreement shall be for a period commencing upon contract execution through and including April 30, 2017. Metro may, at its discretion, grant a single six month extension of the Agreement term provided that Grant Recipient provides to Metro a written extension request, submitted not later than 30 days prior to the expiration date of this Agreement, demonstrating a compelling need for such extension. 3. CONTRACT SUM AND TERMS OF PAYMENT Metro shall compensate the Grant Recipient for performance of the Work as described in Exhibit A. Metro shall not be responsible for payment of any materials, expenses or costs other than those that are specifically described in Exhibit A. NIN Capital Grants Contract Page 1 of 7 Bull Mountain Nature Park Project Exhibit A of Co.933914 M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 Grant Agreement (503)797-1700 4. LIABILITY AND INDEMNITY; INDEPENDENT CONTRACTOR Grant Recipient shall indemnify and hold Metro, its agents, employees and elected officials harmless from any and all claims, demands, damages, actions, losses and expenses arising out of or in any way connected with its performance of this Agreement, and for any claims or disputes involving subcontractors or partners. Grant Recipient shall be an independent contractor for all purposes and shall be entitled only to the compensation provided for in this Agreement. Under no circumstances shall Grant Recipient be considered an employee of Metro. Grant Recipient shall provide all tools or equipment necessary to carry out this Agreement, and shall exercise complete control in achieving the results specified in the Scope of Work. Grant Recipient is solely responsible for its performance under this Agreement and the quality of its work; for obtaining and maintaining all licenses and certifications necessary to carry out this Agreement; for payment of any fees, taxes, royalties, or other expenses necessary to complete the work; and for meeting all other requirements of law in carrying out this Agreement. 5. TERMINATION Metro may, in its discretion, terminate this Agreement at any time upon giving Grant Recipient fourteen (14) days written notice and opportunity to cure. Without limiting the foregoing, if Metro concludes, in its discretion, that Grant Recipient has failed to make substantial progress toward completing the Work at any time after one year following the effective date of this Agreement then Metro will terminate this Agreement as provided in the preceding sentence. In the event of termination, Grant Recipient shall be entitled to payment for work performed prior to the date of termination. Metro shall not be liable for indirect or consequential damages. Termination by Metro will not waive any claim or remedies that Metro may have against the Grant Recipient. 6. INSURANCE Grant Recipient shall purchase and maintain at Grant Recipient's expense, the following types of insurance covering the Grant Recipient, its employees and agents. A. Commercial general liability insurance covering personal injury, property damage, and bodily injury with automatic coverage for premises and operation and product liability shall be a minimum of $1,000,000 per occurrence. The policy must be endorsed with contractual liability coverage. Metro, its elected officials, departments. employees and agents shall be named as an ADDITIONAL INSURED. B. Automobile bodily injury and property damage liability insurance. Insurance coverage shall be a minimum of $1,000,000 per occurrence. METRO, its elected officials, departments, employees, and agents shall be named as an ADDITIONAL INSURED. Notice of any material change or policy cancellation shall be provided to METRO thirty (30) days prior to the change. NIN Capital Grants Contract Page 2 of 7 Bull Mountain Nature Park Project Exhibit A of Co.933914 M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 Grant Agreement (503)797-1700 This insurance as well as all workers' compensation coverage for compliance with Oregon law must cover Grant Recipient's operations under this Agreement, whether such operations are by Grant Recipient, by any subcontractor, or by anyone directly or indirectly employed by Grant Recipient or any subcontractor. Grant Recipient shall provide Metro with a certificate of insurance complying with this section and naming Metro as an additional insured upon return of this Agreement signed by Grant Recipient to Metro. 7. MAINTENANCE OF RECORDS Grant Recipient and subcontractors shall: A. Maintain all records relating to the Work in accordance with generally accepted accounting principles. B. The Grant Recipient shall maintain comprehensive records and documentation relating to the Work and the Grant Recipient's performance of this Agreement (hereinafter"Project Records"). Project Records shall include all records, reports, data, documents, systems, and concepts, whether in the form of writings, figures, graphs, or models, that are prepared or developed in connection with Government Sponsor's role in the Work; (1) In addition, the Grant Recipient shall maintain any other records necessary to clearly document: (i) The Grant Recipient's performance of its obligations under this Agreement, its compliance with fair contracting and employment programs, and its compliance with Oregon law on the payment of wages and accelerated payment provisions within Government Sponsor's control; (ii) Any claims arising from or relating to (a) the performance of the Grant Recipient under this Agreement, (b) Grant Recipient's relationship with Metro, or (c) any other contract entered into by the Grant Recipient that relates to this Agreement or the Work; (iii) Any cost and pricing data relating to this Agreement; and (iv) Payments made to all suppliers and subcontractors engaged in any work for the Grant Recipient related to this Agreement or the Work. C. Maintain all records for the longer period of (a) six years from the date of final completion of the contract to which the records relate; (b) until the conclusion of any audit, controversy or litigation arising out of or related to the contract; or (c) until June 30, 2027, or the date upon which all bond debt of Metro related to the Work has been retired. NIN Capital Grants Contract Page 3 of 7 Bull Mountain Nature Park Project Exhibit A of Co.933914 M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 Grant Agreement (503)797-1700 D. Make all records relating to the Work available to Metro and its authorized representatives, including but not limited to the staff of any Metro department and the staff of the Metro Auditor, within the boundaries of the Metro region, at reasonable times and places regardless of whether litigation has been filed on any claims. If the records are not made available within the boundaries of Metro, the Grant Recipient or subcontractor agrees to bear all of the costs for Metro employees, and any necessary consultants hired by Metro, including but not limited to the costs of travel, per diem sums, salary, and any other expenses that Metro incurs, in sending its employees or consultants to examine, audit, inspect, and copy those records. If the Grant Recipient elects to have such records outside these boundaries, the costs paid by the Grant Recipient to Metro for inspection, auditing, examining and copying those records shall not be recoverable costs in any legal proceeding. E. Authorize and permit Metro and its authorized representatives, including but not limited to the staff of any Metro department and the staff of the Metro Auditor, to inspect, examine, copy and audit the books and records of Grant Recipient or subcontractor, including tax returns, financial statements, other financial documents and any documents that may be placed in escrow according to any contract requirements. Metro shall keep any such documents confidential to the extent permitted by Oregon law, subject to the provisions of subsection F of this section. F. Disclose any records related to the Work as requested by Metro and agree to the admission of such records as evidence in any proceeding between Metro and the Grant Recipient or subcontractor, including, but not limited to, a court proceeding, arbitration, mediation or other alternative dispute resolution process. G. Pay all costs incurred by Metro in conducting any audit and inspection that reveals that records related to the Work disclose that Metro is owed any sum of money exceeding $250.00 or establish that any portion of any claim made against Metro is not warranted. Metro may withhold such costs from any sum that is due or that becomes due from Metro. 8. PUBLIC CONTRACTS Grant Recipient shall comply with all applicable provisions of ORS Chapters 187, 279A, 279B and 279C. All conditions and terms required to be inserted into public contracts in the state of Oregon pursuant to any provisions of ORS Chapters 279A, 279B and 279C are hereby inserted by reference into this Agreement and made requirements of this Agreement as if such provisions were separately enumerated herein. In particular, for public works subject to ORS 279C.800 to 279C.870 pertaining to the payment of prevailing wages as regulated by the Oregon Bureau of Labor and Industries, Grant Recipient and every subcontractor shall comply with all such provisions, including ORS 279C.836 by filing a public works bond with the Construction Grant Recipients Board before starting work on the project, unless exempt under that statute. NIN Capital Grants Contract Page 4 of 7 Bull Mountain Nature Park Project Exhibit A of Co.933914 M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 Grant Agreement (503)797-1700 9. COMPLIANCE WITH LAWS; SAFETY Grantee shall comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations including those of the Americans with Disabilities Act. If services of any nature are to be performed pursuant to this Agreement, Grant Recipient shall take all necessary precautions for the safety of employees, volunteers and others in the vicinity of the services being performed and shall comply with all applicable provisions of federal, state and local safety laws and building codes, including the acquisition of any required permits 10. SUBCONTRACTORS Grant Recipient shall notify Metro prior to negotiating any subcontracts. Metro reserves the right to reasonably reject any subcontractor or supplier and no increase in the Grant Recipient's compensation shall result thereby. All subcontracts related to this Agreement shall include the terms and conditions of this Agreement. Grant Recipient shall be fully responsible for all of its subcontractors as provided in Section 4. 11. RIGHT TO WITHHOLD PAYMENTS Metro shall have the right to withhold from payments due Grant Recipient such sums as necessary, in Metro's sole opinion, to protect Metro against any loss, damage or claim which may result from Grant Recipient's performance or failure to perform under this Agreement or the failure of Grant Recipient to make proper payment to any suppliers or subcontractors. If a liquidated damages provision is contained in the Scope of Work and if Grant Recipient has, in Metro's opinion, violated that provision, Metro shall have the right to withhold from payments due Grant Recipient such sums as shall satisfy that provision. All sums withheld by Metro under this Section shall become the property of Metro and Grant Recipient shall have no right to such sums to the extent, but only to the extent that Grant Recipient has breached this Agreement. 12. INTEGRATION OF CONTRACT DOCUMENTS All of the provisions of any proposal documents including, but not limited to, Requests for Proposals, Proposals and Scopes of Work that were utilized in conjunction with the award of this Agreement are hereby expressly incorporated herein by reference; provided, however, that the terms described in sections 1 through 15 of this Agreement and in Exhibit A shall control in the event of any conflict between such terms and such other incorporated documents. Otherwise, this Agreement represents the entire and integrated agreement between Metro and Grant Recipient and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Metro and Grant Recipient. The law of the state of Oregon shall govern the construction and interpretation of this Agreement. NIN Capital Grants Contract Page 5 of 7 Bull Mountain Nature Park Project Exhibit A of Co.933914 M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 Grant Agreement (503)797-1700 13. NO WAIVER OF CLAIMS Metro's failure to enforce any provision of this Agreement shall not constitute a waiver by Metro of that or any other provision of this Agreement. 14. ASSIGNMENT Grant Recipient shall not assign any rights or obligations under or arising from this Agreement without prior written consent from Metro. 15. LIMITATIONS ON USE OF PROPERTY A. Nature in Neighborhoods Approved Purposes Throughout the term of this Agreement, the portion of the project location (set forth in the Scope of Work) upon which the project will be located (the "Project Area") shall be maintained and operated in a manner consistent with one or more of the following intended and stated purposes of Metro's Nature in Neighborhoods Capital Grants Program (the "Nature in Neighborhoods Approved Purposes"): • To safeguard water quality in local rivers and streams; • To promote partnerships that protect and enhance nature in neighborhoods; and • To increase the presence of ecological systems and plant and animal communities in nature deficient and other disadvantaged neighborhoods. Notwithstanding the foregoing, secondary uses that arise as a result of the Project Area being used primarily in accordance with the Nature in Neighborhoods Approved Purposes will be permitted, but only to the extent such secondary uses affect a de minimis portion of the Project Area or are necessary in order to facilitate the primary Nature in Neighborhood Approved Purposes. For example, if, as part of a land use review proceeding initiated to obtain the necessary approvals to operate the Project Area consistent with the Nature in Neighborhoods Approved Purposes, a portion of the Project Area was required to be dedicated as a road, such road dedication would be a permitted secondary use of the Project Area. B. Construction of Buildings or Other Capital Improvements All buildings and other capital improvements constructed on the Project Area using funds provided by Metro pursuant to the Grant Agreement shall be maintained in accordance with the Nature in Neighborhoods Approved Purposes. The owner may not sell, use, or authorize others to use such buildings or improvements in a manner inconsistent with the intended and stated purposes of the grant program. The obligations of this Section 15 shall survive the termination of this Agreement and continue in effect until June 30, 2027, or the date upon which all bond debt related to the capital improvements has been retired. NIN Capital Grants Contract Page 6 of 7 Bull Mountain Nature Park Project Exhibit A of Co.933914 JMETRO FRIENDS OF BULL MOU f TAIN NATURE PARK METRO r' r Signa re Si atur Print Name and Title Prinf NameAnd Title VIL2,n16 I &//A Date Date TUALATIN RIVER WATERSHED COUNCIL FISCAL AGENT Signa ure Print Name and Title Da e Revised November 2005 Form 3301 Exhibit A of Co.933914 METRO 600 NE Grand Ave. Scope Of Work — Exhibit A (03)7n970R0907232-2736 503 Metro Contract No.933913 CAPITAL GRANTS PROGRAM GRANTS AGREEMENT I. Project Title/Project Number: Bull Mountain Nature Park II. Grant Recipient contact: Toraj Khavari Friends of Bull Mountain Park 13293 SW Woodshire Lane Tigard, Oregon 97223 503-706-3548 Toraj.khavari@gmail.com III. Government sponsor contact: Steve Martin City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503-718-2583 Steve@tigard-or.gov IV. Budget at time of award Grant award $125,943 Financial match $ 77,517 In-kind match $230,950 Total cost of project: $434,409 V. Project location Bull Mountain Park- 13950 SW Alpine Crest,Tigard, Oregon 97223.And Morningstar and Gaarde Connection. VI. Scope of Work This scope of work specifies the work and requirements Friends of Bull Mountain Park and the City of Tigard shall undertake as part of Metro's Nature in Neighborhoods Capital Grants program grant award. Except as modified or added to herein,the original grant application (see Attachment 1) sets forth the Scope of Work. • The project budget is revised as indicated in Attachment 2. • As the designs for the nature play area and trails are finalized, grant funds that are not needed as projected in a budget line item may be applied toward other budget line items described in the budget within Attachment 2, with Metro's approval. • Implementation of the project scope is revised to include two distinct phases as described below. • The Grant Recipient and Government Sponsor shall develop an approach to protecting rare and sensitive plant species within the Nature Park from construction impacts. E.g., Cephalanthera austiniae, also known as, phantom orchid and snow orchid. Revised November 2005 Form 3301 Exhibit A of Co.933914 METRO 600 NE Grand Ave. Scope Of Work — Exhibit A (03)7n970R0907232-2736 503 • The deliverables of the project has been divided into the following two phases. Prior to beginning the second phase, Metro must review the deliverables of the first phase and give notice to proceed. Metro review shall complete within 20 work days after the phase one project completion notice. Phase One will include the completion of the following elements: • Consultant services for community engagement, park design and construction documents, including a land survey • Construction of the picnic shelter and installation of picnic tables • Design of the trail system to Gaarde Street from SW Morningstar Water Quality's access area • Installation of Gaarde Street trails. This element does not need to be completed before starting on the Phase Two elements. However, matching funds or in-kind support for the trails must be secured in order to ensure that the resources are available to complete this element. The following elements have been constructed since Metro Council's approval of this grant award on July 9, 2015. The financial expenses and in-kind donations associated with these elements can be used to meet the matching requirements of this contract. • House demolition • Construction of the toolshed and restroom shelter • Construction of concrete picnic pads • Installation of three benches and soft trails between two benches • Cost associated with securing design consultant and initial design consultant work. Deliverables: • Metro to review preferred design alternative for the park to ensure that the final design remains consistent with the goals of the Nature in Neighborhoods Capital Grant award. • Progress report: In addition to the progress report elements described below,the Grant Recipients shall report on the following: o Description of the approach to protecting sensitive species o Description of community engagement in design and the preferred alternative o Fundraising status for Phase Two • Documentation of all expenses, in-kind donations and volunteer time including consultant invoices,volunteer tracking spreadsheet, City of Tigard staff time documents, and documentation of the value of in-kind donations from the donors. Phase Two will include the following elements • Site preparation and grading for Nature Play and ADA Trail/s • Nature play area • ADA trail/s • Water fountain Revised November 2005 Form 3301 Exhibit A of Co.933914 METRO 600 NE Grand Ave. Scope Of Work — Exhibit A (03)7n970R0907232-2736 503 Deliverables: Documentation of all expenses, in-kind donations and volunteer time including consultant invoices,volunteer tracking spreadsheet, City of Tigard staff time documents, and documentation of the value of in-kind donations from the donors. Publicity As provided in Section 5 of the Intergovernmental Agreement, Grant Recipient shall place at the Project's location signage that communicates that funding for the Project came from the Metro Natural Areas Bond Measure's Nature in Neighborhoods Capital Grants Program. Metro may withhold final reimbursement payment until such signage has been placed. In addition, Grant Recipient shall recognize in any publications, media presentations, or other presentations referencing the Project, produced by or at the direction of Grant Recipient,that funding for the Project came from the Metro Natural Areas Bond Measure's Nature in Neighborhoods Capital Grants Program. Nothing herein shall prohibit Grant Recipient from also recognizing other funding sources for the Project. VII. Reporting Requirements: a. Bi-Annual Progress Reports: At the end of Phase One, Grant Recipient shall provide to Metro a progress report, documenting the status of the Project at least every six months or at the completion of one of the phases described above. A progress report shall be included with every reimbursement request submitted by Grant Recipient and when the Project benchmarks identified above are met. b. All progress reports shall provide the following details: an account of the work accomplished to date, a statement regarding Grant Recipient's progress, a statement as to whether the Project is on schedule or behind schedule, a description of any unanticipated events. All progress reports submitted by Grant Recipient shall be in the Progress Report Form provided by Metro unless Metro approves another reporting method in order to provide consistency with other project funders. c. Final Report: Grant Recipient must submit a final report and final reimbursement request within 60 days of the earlier of(a)the Project completion date or(b)the expiration date of the Intergovernmental Agreement. The final report shall include full and final accounting of all expenditures,the value and source of matching funds, a description of work accomplished, volunteer hours and participation, Project photos (including a photo of the signage acknowledging the Nature in Neighborhoods Capital Grants Program participation), and data on success indicators defined below.The final report submitted by Grant Recipient shall be in the Final Report Form provided by Metro unless Metro approves another reporting method in order to provide consistency with other project funders. I. Project Payment and Reimbursement a. Metro will reimburse Grant Recipient$1.00 for every$3.00 of out-of-pocket costs expended after the effective date of the Intergovernmental Agreement to complete the project, consistent with the original grant application, up to but not exceeding Metro's total grant award of ONE HUNDRED TWENTY-FIVE THOUSAND, NINE HUNDRED FORTY- THREE AND 00/100TH DOLLARS ($125,943). Revised November 2005 Form 3301 Exhibit A of Co.933914 METRO 600 NE Grand Ave. Scope Of Work — Exhibit A (03)7n970R0907232-2736 503 b. Payments will be processed as reimbursement for costs incurred and paid by the Grant Recipient. c. RETAINAGE: Metro will reserve as retainage from any reimbursement payment an amount equal to five (5%) percent of the requested reimbursement amount.The retainage will not be disbursed to Grant Recipient until the Project is fully completed and the final report is received by Metro. Following completion of the Project and approval by Metro, Metro will deliver to Grant Recipient the entire retainage as part of the final reimbursement payment. d. To request the reimbursement of allowable expenses, Grant Recipient will complete Metro's Reimbursement Request Form and submit an itemized statement of work completed and an accounting of all expenses incurred during the current reimbursement period. A progress report shall accompany all reimbursement requests. The form, statement, and report shall be sent to: M ETRO ATTN: ORIANA QUACKENBUSH 600 NE GRAND AVE PORTLAND OR 97232-2736 e. Metro will make a reimbursement payment for those items identified in the Scope of Work or subsequent amendments to the Intergovernmental Agreement. Substitutions or changes of elements of the Project that have not been approved by Metro are not eligible for reimbursement. f. Payment shall be made by Metro on a Net Fifteen (15) day basis upon approval of reimbursement request. II. Success Indicators Grant recipient agrees to monitor the Project for three consecutive years following the completion of the Project and Grant Recipient agrees to report the following information to Metro upon completion of the Project. 1. Final report/s indicating the completion of the following deliverables. • Complete design drawing and documentation • House demolition • Picnic Shelter and Tables • A toolshed • A Restroom shelter • Concrete picnic pads and table per pad • Two benches and soft trails between them • One added bench in west trail • A Morningstar and Gaarde connection soft trail Revised November 2005 Form 3301 Exhibit A of Co.933914 METRO 600 NE Grand Ave. Scope Of Work — Exhibit A (03)7n970R0907232-2736 503 • Site prep and grading for Picnic Shelter, Nature Play and ADA Trail/s areas • Nature play area • ADA trail/s • Water fountain 2. City of Tigard staff acceptance of all improvements 3. Commitment from the City of Tigard to maintain the improvements according to a documented maintenance plan Revised November 2005 Form 3301 Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Nature in Neighborhoods Capital Grants Cover Sheet Check one: Organization, project and contact information No-Letter of Interest Yes-Full Application Please complete the information below using no more than two pages Project Name Friends of Bull Mountain Park Project's location/site address or 13950 SW Alpine Crest,Tigard OR, 97223 other location information Applicant Organization Friends of Bull Mountain Park- Friends of Bull Mountain Park's fiscal sponsor is Tualatin River Watershed Council Is organization a 501(c)(3)? Tualatin River Watershed Council is a 501(c)(3). EIN is 93-1286280 If yes,what is the EIN? Is organization the government The Friends of Bull Mountain Park and its fiscal sponsor own the agency that will own the project? projects. The outcomes are capitalized by City of Tigard. Contact Person for Friends of Ali A(Toraj) Khavari Bull Mountain Park Address 13293 SW Woodshire Lane,Tigard OR 97223 Phone 503-706-3548 Email toraj.khavari@gmail.com Contact Person Tualatin River April Olbrich Watershed Council Address P.O. Box 338 Hillsboro, OR 97123-0338 Phone 503-846-4810 Email trwc@trwc.org Public Agency (if different from applicant organization) Contact Person Address Phone Email Project Summary The Friends of Bull Mountain Park and Tualatin River Watershed Council (fiscal sponsor) proposing six projects to develop the Bull Mountain Park during 2015-2016.The six projects high level descriptions are as follows. 1. Nature Play area, Pavilion with tables and benches for picnic area 2. Bull Mountain Park's vacant house removal 3. Toolshed 4. Additional soft trail 5. ADA trail access 6. Others (Outdoor bathroom shelter, water fountain, trails, benches, tables, signs, etc.) Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Category No- ReNature—increases and/or recovers ecological functions and Under which program category processes in order to protect water quality and enhance habitat does your project best fit? (Select YES- ReGreen—increases the appearance of and access to nature one only). in order to enrich community vitality and help strengthen the physical connection to the region's ecology Funding Amount requested: $112,700 Match funds: $50,000 During 2015 In-kind match: $175,400 Other grants and donations: $18,100 Total program budget: $356,200 Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 City of Tigard January 14, 2015 Metro Nature in Neighborhoods Capital Grants Committee, This letter serves as affirmation, that if the Friends of Bull Mountain Park (FBMP) are successful in securing grant funding for Bull Mountain Park features, the City of Tigard will be a project partner. When the FBMP projects are underway, Tigard staff will provide technical assistance for design and installation of the features that will become a part of Bull Mountain Park. The FBMP will help implement a park concept plan that was developed in 2013 by the Tigard Parks Division with input and overwhelming support from the neighbors of the park. The City staff will work with the FBMP to develop amenities that are consistent with City park standards, as well as sustainable for long term maintenance. City staff time, along with any city purchased materials or supplies, will be tracked in our Public Works Computer Maintenance Management System. Bull Mountain Park is owned by the City of Tigard and was purchased with City of Tigard Park Bond funds in 2012, after neighbors of the property brought the idea to the Tigard Park and Recreation Advisory Board. The Tigard Parks Division is responsible for both the management and the maintenance of the park, and from the day of the purchase has been assisted by the neighbors of the park. The Parks Division staff have worked with the neighbors, who formed the FBMP, for the last two years. The many work parties in the park have resulted in the installation of trails and other features in the park, and the relationship between the FBMP and city staff has been mutually beneficial. The FBMP have supported the park facilities and their maintenance through numerous volunteer events and they, as well as the rest of Tigard, have benefitted from a higher level of maintenance and more amenities than would have been possible in such a short time frame. We look forward to partnering with the Friends on the BMP on this rewarding park project. Sincerely, Steve Martin Public Works Manager (Parks) City of Tigard 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 13293 SW Woodshire Lane Tigard Oregon, 97223 January 23, 2015 Metro Natural Area Program Nature in Neighborhoods Capital Grant 600 NE Grand Avenue Portland Oregon 97232 RE: Friends of Bull Mountain Park's Metro Nature in Neighborhoods Capital Grant Application To the Capital Grant Review Committee: We are requesting your consideration for a$112,700 grant,because we have a high degree of confidence that it can be leveraged to $356,200 while meeting all the Nature in Neighborhoods Capital Grants' criteria. The grant investment(cash infusion)is paramount to the successful development of Bull Mountain Park. Friends of Bull Mountain Park is a grass roots non-profit volunteer group, dedicated to nature,education, health, and developing Bull Mountain Park,utilizing ReGreen principles. Friends of Bull Mountain Park and Tualatin River Watershed Council(fiscal sponsor) are proposing six projects to develop Bull Mountain Park during 2015-2016. The City of Tigard will capitalize the projects outcomes. Bull Mountain Park development has had the full cooperation of the community, City of Tigard, Tigard Parks and Recreation Board, and local businesses since the park dedication,June 21,2012. With a very limited budget, The Friends of Bull Mountain Park holds events; e.g. bird watching, mushroom identification, invasive plant identification and removal,Phantom Orchid viewing, walks/runs,volunteer work parties, etc. in the park. The Metro Nature in Neighborhoods Capital Grant process has been a great educational experience. We learned significant appreciation for and knowledge about ReGreen,Nature Play,Nature Education, and a lot more. On behalf of the Friends of Bull Mountain Park, Tualatin River Watershed Council, and City of Tigard, I am requesting your consideration to approve the Friends of Bull Mountain Park's Metro Nature in Neighborhoods Capital Grant. We are looking forward to our next steps and working closely with you during the review process. If I can be of more assistance,please contact me. Sin ely„ r � l Ali (To raj) Khavari Friends of Bull Mountain Park Chairperson Email: tora'.khavaria,gmail.com Mobile: 503-706-3548 4k�?4 Friends of Bull Mountain Park Enclosures: 1)FBMP_City of Tigard land_owner_cerlificationcover_letter 2)FBMP2015CoverSheet_CapitalGrants,3) FBMP_grants budget 2015_Budgetform,4)FBMP_grants budget 2015_MatchingResourcesForm.5) FBMP Metro_NIN_Grants_App includes supportive artifacts_ Electronic Shared in Drop Sox or Hardeopies: 1)City of Tigard, Steve Martin,2)April olbrich,Tualatin River Watershed Council Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 1 Executive summary and top level project description Friends of Bull Mountain Park and Tualatin River Watershed Council (fiscal sponsor) are proposing six projects to develop Bull Mountain Park during 2015-2016 at the total cost of$356,200.The Metro Nature in Neighborhood Grants fund request during 2015 is $112,700.The remainder is funded through In-kind contributions of$175,400, donations during 2015 of$50,000, and other grants or donations of$18,100. To-date,there are$21,250 in donations committed, pledged and identified for the proposed projects during 2015. Friends of Bull Mountain Park is a grass roots non-profit volunteer group dedicated to nature, education, health, and developing Bull Mountain Park utilizing ReGreen principles. The projects meet and exceed the Metro Nature in Neighborhood Grants criteria.The completed projects will be capitalized and maintained by the City of Tigard. 1.1 Introduction and project overview Bull Mountain Park is a beautiful treasure located on the eastside of Bull Mountain in Tigard, Oregon.The landscape contains Oregon native plants and forests, an open space meadow, creeks, and it is home to various flora and fauna.The park has multiple entrances so as to access well designed soft trails,signs, and features. The park not only adds to the community. The community is adding to the park by coming together to make the park vision a reality. The existing Bull Mountain Park development has been done deliberately,to increase the presence of nature (wildlife, water,trees, Phantom Orchid, mushrooms, and other indigenous vegetation)to enrich the communities' nature experience and help strengthen a physical connection to the region's ecology. The park concept, also known as master plan, contains "ReGreen"features and has been approved during 2013. For more details refer to Appendix C Phantom Orchid, Forest and mushroom, and Pileated Woodpeckers. The Friends of Bull Mountain Park's Metro Nature in Neighborhood Grants will enable the organization to continue the proposed six projects construction and augment the Bull Mountain Park "ReGreen" impact on nature and the community.The six projects high level descriptions are as follow. 1. Nature Play area, Pavilion with tables and benches for picnic area 2. Bull Mountain Park's vacant house removal 3. Toolshed 4. Additional soft trail 5. ADA trail access 6. Others (Outdoor bathroom shelter, water fountain, trails, benches, tables, signs, etc.) The Bull Mountain Park site is ready, park land use has been completed. Permits and permission for construction are committed. Michelle Mathis is the designer, Project Managers are identified and dedicated to success.The Friends of Bull Mountain Park leaders are committed, City of Tigard and Park and Recreation Advisory Board are supportive. Donation fundraising strategies are identified to complete the above six projects. We need the Metro Nature in Neighborhood Grants cash infusion. 1.2 Site history and background Counselor Dirksen dedicated Bull Mountain Park June 21 2012.The park was purchased by the City of Tigard using bond measure 34-181 funds from Tigard's$17mm bond. In addition,the matching$6mm grants, totaling$23 mm, enabled Tigard to purchase additional parks.The bond is restricted to purchasing parks. The City of Tigard has very limited resources to develop and maintain parks, once purchased. Bull Mountain Park tax ID number is 25104DC05800. Its tax account number is R479075.The existing maps, in appendix A's Site and Area Maps, although the most recent, do not show the entire 10-acres. Park is lot 23-66. It borders on the Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 tax lot Ids, 13802 and 13813 SW Benchview Place, 13564, 13548, and 13526 SW Bram Place, and 14023 SW Alpine Crest Way and green space. An 8-acre parcel in the heart of East Bull Mountain, also at that time known as Paull Property, was purchased by City of Tigard during summer of 2012. Later on, an additional 2—acre parcel was added,to create the 10-acre Bull Mountain Park.The site is comprised of woods, open space, riparian areas along a creek on the west wide, and a seasonal creek on east side.The creek areas are important and valuable to ecology sources.They are considered tributaries to wetlands adjacent to rivers and streams. The name was changed to "Bull Mountain Park" in 2014. For more details refer to the Appendix A (renaming). In response, the grass roots volunteers agreed to change the name of the organization to Friends of Bull Mountain Park, "FBMP". Acknowledging the City of Tigard's limited resources,the Friends of Bull Mountain Park pursued the following subject matter experts for consultation, guidance, and identifying the park's natural assets very early on (2012 and 2013). - Dr. Pearl Paulson, PhD, Education - Dr. Paul Whitney, PhD, Natural resources,wildlife and nature preservation - Amy Grotta, Forestry, Asst. Professor and Extension Forster at Oregon State University - George Kral, Forest Management,Ash Creek Forest Management - Tim Pepper and Jenn Eaton—Trail design and construction For more details for above resources guidelines and inputs refer to Appendix C, December 2012 and January 2013 Newsletter. Friends of Bull Mountain Park have completed 45 projects since June 2012.There are 15 planned/active projects.There are 12 project backlogs. E.g.,for projects include Invasive plant identification and removal, signs, pet waste plastic disposal,waste management, endangered or on-watch list species identification and protection, soft trail building, bulletin boards, etc. Friends of Bull Mountain Park, City of Tigard, and volunteers have done and continue doing everything possible with minimum or no capital until now.To bring the Bull Mountain Park concept plan to reality, capital is needed. Hence, the Metro Nature in Neighborhood grant proposal. Friends of Bull Mountain Park experience is in volunteerism with no resources to create and maintain a non-profit 501 (c) (3) organization.The group, in the preparation for fundraising and receiving grants, signed an agreement with the Tualatin River Watershed Council.The Tualatin River Watershed Council is the Friends of Bull Mountain Park fiscal sponsor. Fiscal sponsorship is an agreement through which a project or organization without tax-exempt status—but which could qualify for it-partners with an existing tax-exempt organization in order to receive donations and grants. Tualatin River Watershed Council non-profit tax id is 93-1286280. For more details and IRS non-profit 501 (c) (3) recognition letters refer to Appendix I. 1.3 Scope of work Friends of Bull Mountain Park have been volunteering work to protect and enhance the property to its full potential, since 2012. One of the goals is to connect 'kids' of all ages with nature. Bull Mountain Park's concept plan was approved during the summer of 2013. For more details refer to Appendix A concept/master plan.The following scope of work will result in many of the approved features. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 1. Natural Play Area: Natural Play Areas are outdoor spaces designated for play that are made of natural components such as plants, logs, water, sand, mud, boulders, hills and trees.These components represent the larger wild environment in a way that feels safe and manageable to young visitors and their parents while_providing conditions for imaginative and explorative play. Bull Mountain Park's nature play will follow the approved concept plan with 700 to 1500 sq. ft. containing large climbing structures, logs, balanced beams, and log and stone steppers, for the children 2-12 years old. A 12 inch deep Cedar Wood chip or playground chips carpet will cover the natural playground floor.The equipment manufacturers and Installers are liable to meet the playground safety. When needed, written inspections will insure proper implementation. Frequent, preferably annual inspection by a qualified Natural Playground inspector will insure the playground safety. Shelter/Pavilion with Picnic Tables and Benches: The proposed project will include a shelter, also referred to as pavilion,which will accommodate four picnic tables and benches. The proposed location will overlook a sloped, grassy meadow and is in close approximation to the proposed play area. The meadow has already been used for lawn games, such as Frisbee golf, pass and touch football, and in the winter, snowboarding. Wild flowers grow naturally there, and have long been of interest to local botanists. Volunteers along with the City of Tigard have made numerous soft trails through the park, leading to the meadow, which is centrally located. The shelter will be situated at the high point of the park, adjacent to the west forested area, and will serve as a meeting place for environmental education and placement for wall boards and trail maps. The Bull Mountain Park's picnic area will be approximately 12' by 20' shelter with cement flooring accommodating 4 picnic tables.They very closely match the Bull Mountain Park's approved concept plan. It is aimed to be the "Environment Education" center,where park visitors can learn about environment,flora, and fauna. The Nature Play Area, Shelter with Picnic Tables and Benches include the following sub-projects 1- Project Start Up 2- Design Development 3- Construction Documentation 4- Site preparation and grading 5- Construction Implementation 6- Signage, art, or education displays 7- Landscape focused on the Natural Playground and Picnic areas. The Nature Play and Picnic Area pavilion design concepts could change through the design process.They are depicted in the following collage, to pictorially convey the vision. In addition,they meet some of the basic needs of the park.The design features: - can offer hours of play and will be different every visit. - will draw nearby residents to the neighborhood park. - allow the possibility of many community installed elements. - can be built within the proposed project budget. - meet the Bull Mountain Park Concept/ Master approved plan. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 2. Bull Mountain Park House Removal:The Bull Mountain Park property had a vacant house on the premises.The house was placed where the Nature Play and Picnic areas will be constructed. The house removal is 1Q 2015, therefore making the Nature Play and Picnic areas available for construction. 3. Toolshed: Volunteers require tools to work around the park. A simple, practical,sustainable, and easy to maintain toolshed will empower the volunteers to have access to tools and secure the tools when not in use. 4. Soft trail: By extending the trail using approx. 1100ft of added soft-surface trails to the east for a connection to Gaarde Street, approximately 200 additional families will have pedestrian access to Bull Mountain Park. As a result, more than 350 families can access the park by foot and enjoy the Bull Mountain Neighborhood Park. Such a route also enables eastward connections for many hundreds of Bull Mtn. area residences; for example to the Pathfinder Trail and then on to the Fanno Creek Trail, Beaverton,Tigard and Portland. Alew Soft Traits xisting Soft Trails 2015 Complete � 1 ;UP • • • • dA IL A 5. ADA Trail Access:The picnic area and playground with the ADA Trail Access is very important to us. Using ADA Guidelines, an ADA Trail access will connect BMP's proposed playground, picnic area, a few benches, and picnic tables. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Woohire L -ne -- —�� -- - Pane Entry Jlpn Aft ;0.. '•� ^;:rsa,.� ...x _._1 if* wood Chip Trail IntOMnol Nalure Play Area Q4 ADA Trail Access x Open Grass Area Accessible Pathway M. Sheffer Halt Basketball Court and Maintenance V"icle 7urnoround ti •,� ,.r9R,. - Nature Play Area Accessibw Ramp Porrpble RestroomwIftod Screen a r 7001 Shed, The Bull Mountain Park service vehicle and main entrance, 13950 SW Alpine Crest Way,Tigard, leads to an existing circular turn around area.The concept plan outlines a half basketball court.The half basketball court is not in the scope of the Friends of Bull Mountain Park projects. No permits are required to enhance the existing circular turn around area. The ADA Trail and soft trails enable the park users to have access to the circular turn around area and other park features, e.g., nature play, picnic area, bulletin board,toolshed, bathroom, etc. 6. Others:The Bull Mountain Park other projects are as follow. 1. Outdoor bathroom shelter 2. Water fountain 3. Meadow East Side trails and benches 4. No poo, pet waste education signs 5. Trail signs 1.4 Narrative, Budget, and Matching Funds Narrative The cost of the six projects is reported here, based on the Designer estimates, City of Tigard inputs, Leaders, Project Managers,Vendors, and suppliers' inputs. A 20%or 30%contingent budget cost has been considered for the line items. The Friends of Bull Mountain Park six proposed projects are estimated at a cost of$356,200. Based on the present knowledge, cost of material variance, and a 20%to 30%contingent, budget costs have been considered, bringing the cost to a total of$448,100.The contingent budget costs are applied to the line items based on the to-date confidence level, item's risk level, and foretold "not knowing'.The top level summary table is as follows. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Cost Plus Item Cost Contingency Cost Capital Cost $180,805.12 $230,466.14 In-Kind Cost $175,396.32 $217,659.07 Total $356,201.44 $448,125.21 Budget Friends of Bull Mountain is committed to raise$50,000 in cash donations. Considering the Metro Nature in Neighborhood Grants 2X Grant match, a sum of$112,800 Metro Nature in Neighborhood Grants is requested.The remaining resources will be funded with other grants, subsequent years fundraising, or In-kind. Cost Plus Item Cost Contingency Cost Cash Donation during 2015 $50,000.00 $50,000.00 Metro Grant during 2015 (Matched with Donations and In-kinds) $112,698.16 $133,829.54 Subtotal for Cash Donation and Metro Grant for 2015 $162,698.16 $183,829.54 In-kind Contributions $175,396.32 $217,659.07 Total Cash Donations, Metro Grant and In-kind Contributions during 2015 $338,094.48 $401,488.61 Remaining Resources(other grants,subsequent donations, etc.) 11 ($18,106.96) ($46,636.60) The projects summary for 2015 table and chart are outlined in the following table and pictorially, respectively. Project Summary for 2015 Donations $50,000 Metro Grant during 2015 $112,698 In-kinds $175,396 Total $338,094 Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Projects Summary for 2015 $50,000 .- 15% $175,396 , - Donations $112,698 , 33% ® Metro Grant during 2015 In-kinds The overall project summary table and chart are as follow. Project Summary Donations $50,000.00 Metro Grant 2015 and In-kinds $288,094.48 Remaining Resources(other grants, subsequent donations, etc.) ($18,106.96) Total $356,201.44 Project Summary ::i Donations $50,,000.00 ■ Metro Grant 2015 and In- kinds $288,094.48 , Remaining Resources (other grants, subsequent donations, --Ad etc.) Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Matching Funds The Friends of Bull Mountain Park has committed to raising pledges and donations toward the$50,000 during 2015. Io- date, there are$21,250 donations committed, pledged and identified for the proposed projects during 2015. Donation strategies, plans, and guidelines have been developed to execute after the Metro Nature in Neighborhood Grants Application decision. For more details refer to Appendix H.The remaining$18,100 will be funded with other grants and donations. A total of$175,000 In-kind matching contributions are identified and available for the six projects. 1.5 Eligibility requirements The Friends of Bull Mountain Park's proposed development plan meets the Metro Nature in Neighborhood Grants ReGreen requirements.The development will increase the presence of nature in the Bull Mountain area. Let us explore the ReGreen requirements compared to Friends of Bull Mountain Park's proposed development plan. "ReGreen applies to projects that increase the presence of nature(water, trees and other vegetation) to enrich people's experience and help strengthen a physical connection to the region's ecology. " The above "Scope of Work" section outlines the commitment and intent to develop Bull Mountain Park such that the park's users feel the full openness, and beauty of Oregon native plants and forests,to see the canopy of a natural forest, and to be able to play in a natural setting, climb rocks, balance on logs, and experience the natural wood, rock, and dirt in the natural play areas. There are no nature play area parks in Bull Mountain. Under the requirements of the grants used to purchase the park's property, it is required to provide rich education experiences at Bull Mountain Park.The six proposed projects will be a great natural education vehicle while supporting active and healthy activities out door. The Friends of Bull Mountain Park have organized nature tours, such as bird watching, mushroom discovery, and viewing Phantom Orchids,to name a few. In addition, Natural Honor Society, Key Club, Boy Scouts of America, and Tigard High School students' events implement projects in the Park. The projects are wonderful, hands-on, and practical education vehicles. For example, select 650 Oregon native trees, organize, and plant them in the park, identify and remove invasive plants, research, design, and post educational signs and art. Since summer of 2012, Friends of Bull Mountain Park events included students from Tigard, Sherwood,Tualatin, Newberg, and Beaverton schools. Bull Mountain Park is and will be the neighborhood natural education park and nature play area on the eastside of Bull Mountain. Friends of Bull Mountain Park and volunteers match the Metro Nature in Neighborhood Grants 2:1 in the form of cash donations and in-kind. There are concerns about the impact on natural resources as the park becomes more popular. With Bull Mountain developing residentially,the City of Tigard and Friends of Bull Mountain Park would like to establish the facilities that will enable access of the public while protecting the natural habitat.The need for strategic development that enables access to these ecological 'class rooms'while protecting their inhabitants will require more funding. We have done everything possible with minimum to no financial support. It is truly the time for cash infusion and the Metro Nature in Neighborhood Grants will play an utmost important key component in the Bull Mountain Park development. 1.6 Project readiness and risk The Friends of Bull Mountain Park projects, readiness and risk management break down to the following sub- components. 1. Track Record: With strong encouragement from Metro Councilman, Craig Dirksen, and the City of Tigard Mayor, John Cook, Friends of Bull Mountain Park began to focus on grant proposals and fund raising to develop Bull Mountain Park. (See Friends of Bull Mountain Park November 2013 and August 2014 Newsletters, respectively, Appendix B). Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 2. Designer:The Learning Landscapes Design LLC, Michelle Mathis- Principal and Lead Designer, is the Friends of Bull Mountain Park's selected designer, and one of the construction Project Managers. Michelle Mathis is a landscape architect with over 12 years of experience managing and designing projects that focus on sustainable spaces for learning, play, and recreation. She works on projects from theme and concept development through to construction; including park, school, early childhood center and kids destination recreation sites. She has a Master's Degree in Education with a focus on whole systems design for education,which she couples with her strong design sense to create spaces that are engaging and intrinsically support learning. Michelle strives to create inspiring spaces that connect people to their communities and the environment around them. Michelle has a number of awards, including Oregon 2014 ASLA Honor Award Westmoreland Park Design. She comes to this project with a wealth of knowledge and local proven successful design tracks, e.g., Westmoreland Park, Oxbow Park, Cove Campground Day Use Area in Timothy Lake, Silver Falls State Park North Canyon Nature Play Area, and Carousel of Like and Ohio's Backyard Nature Play Area at the Cleveland Zoo. 3. Design Risk:The Friends of Bull Mountain Park, City of Tigard and Tualatin River Watershed Council are committed to manage the risk, and minimize design and construction costs while maintaining high quality outcomes.The following is a list of likely risk and cost management strategies. a. Utilize existing and proven designs wherever possible b. Avoid risky and complex designs c. Augment productivity with volunteer resources as much as possible d. Identify risks ahead of time, explore and identify risk's mitigation plan/s, and communicate them as soon as possible 4. Project Managers and Leaders: Friends of Bull Mountain Park is led by six dedicated Tigard residents, Bruce Harbison (Web Administration and Eagle Scout Advising), Cheryl Druding (Newsletter Editor),Jenn Eaton (Trail Master), Linda Shaw (Volunteers and Events Coordinator),Tim Pepper(Tigard Parks and Recreation Advisory Board (PRAB) Liaison and Trail Master), and Toraj Khavari (Chairperson). Linda Shaw and Tim Pepper are members of Tigard Parks and Recreation Advisory Board.They have more than a decade of proven experiences in private and public positions.The Friends of Bull Mountain Park's officers/leaders biographies are listed in Appendix D. Sarah Soper, Steve Martin and April Olbrich are the Friends of Bull Mountain Park, City of Tigard, and Tualatin River Watershed Council's project managers, respectively.They have proven records of successful project management skills and leadership. For more details refer to Appendix E. Continuity and commitments are paramount to the Friends of Bull Mountain Park's proposed six projects implementation.The leaders and project managers are committed to resources, including leadership succession planning.Toraj and Irene Khavari's foundation has designated funds to continue the Bull Mountain Park development, in case of their demise (for more details refer to Appendix F).The Friends of Bull Mountain Park officers and leaders have 90 days to replace Toraj Khavari, in case of his death during the above projects. During the 90 days, or until a Friends of Bull Mountain Park's Chairperson is selected. 5. Permits and Others: a) City of Tigard 2014-2015 fiscal budget includes the cost of Bull Mountain Park house removal and minimal land preparation.The house is being removed prior to the Nature Play and Picnic areas construction. b) Utilities (electricity, and water), and public bathroom are available now and during the constructions. c) The certified City of Tigard park crewmembers will perform the playground audit.The building inspectors will inspect the shelter to meet the permit requirements.The shelter manufacturer will supply the needed drawings. They are stamped by an engineer for the building permit. Depending on the type of shelter and requirements, cement samples will also need to be taken. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 d) City of Tigard team members are identified and committed to assist the Friends of Bull Mountain Park Project Manager Sarah Soper and Designer Michelle Mathis.They are committed to work together in every aspect of the project to ensure successful quality and on-time deliverables. e) Bull Mountain Park land use is finalized and the park is a Tigard Neighborhood Park property. f) City of Tigard is committed to assist our needed permits (Picnic area shelter) and CWS pre-application. g) Friends of Bull Mountain Park projects meet the fire safety requirements. No fire safety permits are required. Bull Mountain Park has adequate fire hydrants. No additional fire hydrants are required. 6. Donations and In-kind: a) Donations and fundraising strategies are in process.The strategy breaks down to 1) Legacy donors, 11)Visionary level, and 111) Park patron. The full implementation is planned for after April 2015 as we get closer to the Metro Grant Nature in Neighborhood Grants application approval announcements. E.g., Large Donors Packages, YouTube, Bulletin board, Newsletter, Donors Envelopes,Acknowledgement Cards, Events. For more details about donations, refer to Appendix H. b) Friends of Bull Mountain Park,Volunteers, and City of Tigard continue their dedication and work in the park. They never stopped. Multiple projects are in progress in the park. E.g., East Meadow Soft Trails,Two Benches in the East Meadow, No poo and soft trail signs,ADA picnic table at the end of the ADA access trails, park's house removal, etc. c) All the in-progress tasks are in-kind contributions. Friends of Bull Mountain Park and Tualatin River Watershed Council leaders attended and are committed to participate in fundraising workshops and training sessions. 2 ReGreen criteria Considering both key components of the proposal; i.e., increase the presence of nature and enrichment of people's experience with nature and ecology,the projects meet the "Re-Green" criteria.The over-riding intent of this capital project is to develop infrastructure that will enable park users to experience sitting under Douglas Firs exceeding 100 foot heights while watching a deer grazing with her new fawn, admiring the beauty of wild flowers in the meadow, or taking a short walk into the cooler shade areas to rest on a bench overlooking a canyon. Park users are invited to take pleasure in having access to a remote sanctuary within walking distance of a densely populated city, where it's safe to come with their children. The Friends of Bull Mountain Park development project proposal, e.g., nature play, picnic area,ADA trail, etc. will augment and strengthen the presence of nature while enriching the community experience connection to the region's ecology. Bull Mountain Park is a valued Regional, Riparian,Wildlife corridor, and Agriculture area in the middle of a developed residential neighborhood.The park's west side creek in parallel to Benchview Place leads to the Tualatin River.The park and its landscapes are water source filters. In addition to the Westside creek, smaller seasonal east creeks play an important role as a water source.The Bull Mountain Park's creeks are near the park residences and street rain runoff. The creeks' health is paramount for the residents' water runoff and landslides prevention. Bull Mountain Park connects two Tigard green spaces on the west and east sides.The park and green spaces are natural wildlife corridors for a variety of animals, birds, deer, coyotes, rabbits, native Oregon Ground Squirrels, rare and majestic flying squirrels, etc.The Bull Mountain Park creek supplies water sources for wild migratory and resident wildlife while watering plants. For more details refer to appendix A regional conservation strategy map. 2.1 How does the project enhance people's ability to access and experience nature? The Bull Mountain Park is a hidden treasure.The Friends of Bull Mountain Park have been working to protect and enhance the property to its full potential, since early 2012. One of the park goals is to connect kids with nature. Nature Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 is an innate draw to children. Instead of spreading the intense kid use throughout the park,the concept plan identifies a nature play area. Our design of the nature play area will incorporate many aspects; safety, a wide range of age group uses, low maintenance, and use of appropriate materials. But, most of all we will be creating a neighborhood family hub; a place where kids and parents meet and friendships are built,where parents sit for hours and enjoy nature (or join in the fun) and kids engage in free, creative, and cooperative play. We will work with community and neighborhood youth to develop a design that is unique to Bull Mountain and builds lasting bonds between people and nature. Design is not approached with a cookie cutter strategy. This is how we ensure that the design fits the site, and reflects the needs of the stewards.With that said we understand we need to work quickly, manage risk, cost, and quality. Below are two visions that we think fit the site, meet the need for engaging play for the neighborhood, and are unique to the Bull Mountain community. However, during the initial design, community meetings and workshops will engage the community more to finalize the design. The following is a vision for the potential playground and nature play. Building Our Community As you approach the play area it looks like a busy construction site. Kids are working all over to build bridges, drive toy trucks, and develop community space.This small replica community includes a hill with 'Bull Mountain Park', houses platforms and interspersed plantings where neighborhoods can be built, a dry creek bed 'Summer Creek'for toy boats, bridges and wildlife, and also movable road tiles,trucks and blocks for reconfiguring the community.The play lumber shop, quarry and lake all supply materials for building. The Magic of the Forest Ideally every child's back yard would open up to an extensive wild area where they could build a magical forest discovery space. As you approach you see glimpses of forts and inviting secret trails.This design would recreate the areas kids would want to explore including; a series of forts along a discovery path,topography to run up and slide down, and climbing boulders and logs to shimmy across. The spaces would be organized for imaginative play as if kids were forest animals,fairies, or first people. These two design concepts could obviously change dramatically through the design process.They are presented here because they meet some of the basic needs of the site; 1. They can offer hours of play and will be different every visit. 2. They will be likely to create a draw in a neighborhood park. 3. They allow the possibility of many community installed elements. 4. They can be built within the proposed project budget. Adjacent to nature play, Bull Mountain Park picnic area will serve as a family center community,with tables, benches, arts, and education signs.The nature play and picnic areas are enhancements to existing soft trails augmenting nature learning, flora and fauna discoveries, outdoor activities, active life, and better health. 2.2 How does the project's location strengthen access to nature within a given community? The Friends of Bull Mountain Park have a proven track of fostering environments for communities to learn about nature, appreciate natural settings,flora and fauna.Volunteers built trails, bulletin board, signs, web sites, and Newsletters to engage communities in nature events. For more details, refer to Appendix A To-date site map,To-date site map and Appendix C, and Additional references Appendix J. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Not only is Bull Mountain Park adding to the community, the community has come together to make the park vision a reality.The project will continue to foster partnerships between the City of Tigard,Tualatin River Watershed Council, Tigard High School, Boy Scouts of America, local businesses, and neighborhood volunteers. Bull Mountain Park has unique opportunities to bring communities to learn about the rare Phantom Orchid, Pileated Woodpeckers, mushrooms, deer, etc., among wonderful and beautiful forests.The additional 1,100 ft. of soft tails will enable more than 350 families to have access to nature in middle of a residential area. 2.3 How does the programming strengthen the communities' access to nature? To-date,the Bull Mountain Park grass roots volunteer based development since 2012 has strengthen the communities' access to nature with the "Passive" and "Proximity' models. Once the soft trails were constructed, invasive plants were removed, some signs were posted, Newsletters and web sites were deployed, the park use increased.The nearby residents are using the park and the present assets. The Fiends of Bull Mountain Park's six proposed projects strengthen the communities' access to nature, "Intentionally". The site is being programmed for uses such as conservation education, nature play, and natural healthy activities. By design, purposefully,the Bull Mountain Park has six entrances. - SW Alpine Crest Way (Service Vehicle Entrance), - SW Greenfield Drive, - SW Benchview Place, - SW Woodshire, - SW Fernridge Terrace, and - SW Ridgefield Lane The nature play and picnic areas, and picnic area pavilion are centrally located in the park.The six entrances and centralized location for the nature play area and picnic table enable the park users' maximum accessibility. For more details and maps refer to appendix A concept/master plan area map. The Bull Mountain Park multiple entrances, existing soft trails, additional soft trails, Newsletters, and signs are a few items used to promote the intentional use of the park and added features. City of Tigard publications and social Medias continue their commitments to promote Bull Mountain usage and nature access. 3 Partnership and community engagement The Friends of Bull Mountain Park and the proposed six projects objectives are to be beautifully designed and sustainable, to augment already existing "ReGreen" purposes. Nevertheless, if they are not also safe, functional, and maintainable,they will not endure for long term success.They will soon be neglected and fall out of favor.These may lead to the community feeling that the projects were not positive accomplishments, and the time and money wasted. Michelle Mathis is a registered landscape architect and a certified playground safety inspector. She will ensure the design meets current safety codes and functions fluidly. For more detail, please refer to Section 1.6. Tim Pepper and Jenn Eaton have proven trail design and construction experience.The Bull Mountain Park existing soft trails are good references and examples. They have also held training classes. For more details refer to Appendix C Trail Building Classes. The Friends of Bull Mountain officers/ leaders have actively engaged the community to initiate and execute more than 45 projects in the park, since June 2012. Community engagement is paramount to the success and buy-in of the six projects. We are committed to work with the community and key stakeholders during every phase of the projects, develop the design, construction, and final delivery. During the nature play design phase, specific meetings and workshops will be held to engage the community more. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 The six projects will create and continue building on the excitement of community ownership and pride. They initiate new and expand on existing relationships between Friends of Bull Mountain Park and are designed to rally diverse communities to maximize outcomes. The following is the list of Friends of Bull Mountain Park's partners and a sample of community support. For the actual letters and references refer to Appendix F. Oregon State University-Amy Grotta - Letter of support Oregon Tradeswomen, Inc.—Amy James Neel - Letter of partnership Tualatin River Watershed Council—April Olbrich - Letter of partnership Pearson Financial Group—Conrad Pearson—Legacy level donor letter of support City of Tigard—Debbie Smith Wagar— Letter of support to Capitalize Mayor John Cook—Letter of support Khavari foundation—Letter of partnership Learning Landscapes Design—Letter of partnership City of Tigard—Steve Martin— Letter of partnership Education and nature—Dr. Pearl Paulson, PhD—Letter of support Randy Barkhurst—Letter of support 4 Detailed Cost The proposed six projects detailed cost is outlined in the following table.The table items (rows)for the six projects contain hidden rows to simplify the content and increase readability. All details are available upon request. A copy of the projects budget and matching resources forms are available in Appendix G. Num Item Quantity Unit Unit Price Cost Cost Plus Contingency Cost 1 Nature Play, Picnic Area and Shelter NP, $238,319.10 $304,482.92 PA Design Services Subtotal for Nature Play $26,535.30 $31,842.36 1.A and Picnic Area (CC 20%) Site Elements Subtotal for the Nature $110,000.00 $143,000.00 1.113 Play and Picnic Area Construction (CC 30%) Nature Play Elements Subtotal for the $75,000.00 $97,500.00 1.0 Nature Play and Picnic Area Construction (CC 30%) City of Tigard burden cost contribution $3,239.00 $3,886.80 1.D toward the Nature Play and Picnic Area Construction Subtotal (CC 20%) City of Tigard burden cost contribution $7,590.00 $9,108.00 1.E toward nature play area near the shelter Subtotal (CC 20%) City of Tigard burden cost contribution $3,236.00 $3,883.20 1.F toward Landscaping shelter play area Subtotal (CC 20%) Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Friends of Bull Mountain Park Admin and $12,718.80 $15,262.56 1.G PM Burden Cost toward Natural Play, Picnic Area and Shelter Subtotal (CC 20%) 2 Bull Mountain Park House Demolition NP, $19,507.88 $23,409.46 Cost PA 2.A House Demolition Subtotal (CC 20%) $16,300.00 $19,560.00 City of Tigard burden cost for the Bull $1,632.00 $1,958.40 2,6 Mountain Park house removal Subtotal (CC 20%) Friends of Bull Mountain Park burden $1,575.88 $1,891.06 2.0 cost for the Bull Mountain Park house removal Subtotal (CC 20%) 3 Toolshed (CC 20%) TS $9,452.94 $11,343.53 4 Soft Trail Extension 1,100 feet and two ST $17,126.00 $20,551.20 benches (CC 20%) 5 ADA Access Trail,two Benches and One AT $17,468.88 $22,520.74 Picnic Table (CC 30%) 6 Bathroom Shelter and Water Fountain OT $11,857.88 $14,229.46 (CC 20%) 7 East Meadow soft trail,two benches, OT $10,563.94 $12,676.73 plant transplant and Trails and No poo sign (CC 20%) 8 Overall Management and Admin (CC 20%) AD $25,650.82 $30,780.98 9 City of Tigard burden cost to support UT $6,254.00 $8,130.20 tasks 1 through 7 in the Bull Mountain Park(CC 30%) The abbreviation Keys are as follow NP - Nature Play PA- Picnic area and shelter, also referred to as, pavilion in this document AT-ADA access tail TS-Toolshed ST- Soft trail AD -Administration and Project Management (overall) UT- Utilities OT- Others CC- Contingency Cost The Overall Management and Admin costs for the six projects is 7.2%of the total budget of which the majority are In- kind, except the Tualatin River Watershed Council fees.Tualatin River Watershed Council receives 10%fiscal administration fees on any funding for the Friends of Bull Mountain Park projects. Any "funding" includes grants and donations, excluding the In-kind contributions. The Tualatin River Watershed Council Admin costs $16,300. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 4.1 Priorities and phasing 1. The Nature play and picnic area design and cement constructions are preferred to be implemented at the same time to reduce cost and insure cohesive design. 2. Nature play area elements, picnic area contents, picnic area shelter, and other projects can be implemented in parallel based on resource availability and budget.The Friends of Bull Mountain Park volunteers vary and have diverse skills.The project managers will manage the project executions parallel activities. 3. The six projects deficit will empower the projects to be completed in phases and extended to 2016 and potentially subsequent year (dependent on the contingency budget impacts, if any).The Friends of Bull Mountain Park is preparing to apply for another Metro Nature in Neighborhood Grants during 2015 for 2016 funds. 4. The following outlines the projects priorities. All other projects are completed with In-kind contribution. a) Nature Play and Picnic area b) Picnic Area Shelter, Pavilion c) Toolshed 5 Multiple benefits for people and nature The Friends of Bull Mountain projects have multiple dimensions which benefit people and nature.The six projects foster great opportunities for children of all ages to enjoy, learn and come in contact with nature in a high residential area. Furthermore, Bull Mountain Park fosters an environment which supports a sustainable all natural corridors for Oregon native wildlife such as deer, coyote, humming birds, owls, and the list goes on. Bull Mountain Park benefits do not stop at people and wildlife passage;the park is host to 100 ft.tall Oregon native trees, Phantom Orchids, various Mushrooms, lilies, and a lot more. We may even dare to say,we have not discovered all of the 10-acres treasures and assets,to-date. Bull Mountain Park is a natural water source and water filter.The Westside creek and seasonal east side creek are water sources.The same creeks are rain run-off for the developed neighborhoods. The creeks are paramount not only to nature, they are critical for the developed residential homes stabilities and landslides erosions, and paved streets rain run-off. Bull Mountain Park, although small in comparison with other parks, is a valued asset in the East Bull Mountain area.The park has six entrances, contains a central meadow, and a perfect hill top to view sunsets and sun rises in a highly populated residential area.The Bull Mountain Park provides a perfect place for nature learning, education center, a place for communities nearby to enjoy, and learn and connect to nature for all ages, young and young at heart. Trails in the hills provide cardiovascular, pulmonary, and healthy activities for the park users to exercise and for being active. In conclusion, let us summarize some of the Bull Mountain Park and how its development projects benefit people and nature. - Education - Contribute to the park development with reasonable financial impact - Wildlife corridor - Engage communities and citizens in great causes - Oregon native flora and faunas - Meet the bond measure 34-181 education requirements for Bull sanctuary Mountain Park - Neighborhood natural sanctuary - Augment the community nature involvement - Water source - Increase the community support for City of Tigard - Water filter - Grow the people support for the Tigard's Park and Recreation - Endangered species protection Advisory Board - Healthy and active human life - Involve and support the local businesses more - Being part and continuation of the City of Tigard walk trails Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 The Appendix J, "Additional References", contains supporting documentation and links to substantiate the "Multiple Benefits for People and Nature" information. 5.1 Workforce development and economics benefits Friends of Bull Mountain Park are City of Tigard continue to commit to hiring local Oregon and minority owned organizations,work force, and volunteers,while using natural resources as much as possible.The projects will also provide job skill development as our new partner Oregon Womentrades joins the park development effort. The job skill development commitments will continue with Boy Scouts of America, National Honor Society, Key Club, and Tigard, Sherwood,Tualatin, Newberg, and Beaverton high schools. 5.2 Intentional programming and/or education Bull Mountain Park provides a real life natural classroom in a highly residential area. The nature-play area and picnic pavilion will attract families to the park. However, instead of using commonplace school playground equipment,the children and their parents will be introduced to the forms,textures, and smells of the forest. The more elements of human five senses are engaged in the learning processes the more effective the learning and knowledge retention. Therefore; the most effective vehicles to teach and learn. Bull Mountain Park's existing well designed and sustainable soft trails are inviting to children and adults to explore nature, learn,teach (parents and grandparents with children, teachers and students outdoor classes), explore, feel, touch, see, smile, hear, and taste nature.The enhanced proposed ADA soft trail and Gaarde Street access reinforces more park users' access, education, being active, and enjoying out door. 5.3 Build community cohesiveness, health and a sense of place. Bull Mountain Park is surrounded by a diverse neighborhood that neighbors by choice and commitment. Health and community cohesion are indivisibly linked. Health tends to decline in communities where levels of interaction are low. Friends of Bull Mountain Park meet and hold events regularly. E.g., during 2013, Friends of Bull Mountain Park met regularly, coordinated, and executed more than 20 park events and celebrations. Similar and more activities were held during 2014 and will continue.The six proposed projects in the Bull Mountain Park will augment community cohesion while having access to nature play, picnic area, picnic pavilion, more soft trails,ADA access tails, and well-designed natural land scape. 5.4 Contracting with MWESBs The Fiends of Bull Mountain Park is an equal opportunity group of volunteers, dedicated to diversity, minority-owned enterprises, women-owned enterprises, and emerging small businesses. The following are a few examples of the group dedication to equal opportunities. - Half of the Friends of Bull Mountain Park officers are women and the Chairperson is a first generation American who became a US citizen in 1989. - The Learning Landscapes Design is a small business,women owned, and one of the Friends of Bull Mountain Park partners. - The Oregon Tradeswomen, Inc. is one of the Friends of Bull Mountain Park partners. For more details refer to Appendixes D, E, and F. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 6 Additional evaluation measures The Metro Nature in Neighborhood Grants funds, if granted, are well needed cash to construct the Bull Mountain Park Nature Play, picnic area, and picnic area pavilion. The 2:1 match will be met with cash donations and In-kind.The natural material,volunteer contribution, and In-kind matching minimizes the construction costs. 6.1 2015 grant application cycle for 2016 funding There are budget deficits. In addition,there are possibilities of 20%to 30%contingency budget increases.The Friends of Bull Mountain Park is preparing to apply for another Metro Nature in Neighborhood Grants during 2015 for 2016 funds. 6.2 Helping a neighborhood and community access nature Bull Mountain Park, by design, has six entrances.The park users can access the centralized nature play, picnic area, picnic area pavilion, bathroom, water fountain, information bulletin board, pet waste bags,garbage cans, signs, and information.The 10-acre Bull Mountain Park, Westside green space, Eastside Greenfield trail extension, and the other entrances welcome park users to enjoy and experience Oregon native forest, flora and fauna. Education signs and arts will empower and aid the park users to experience the nature education while fostering a welcome and safe environment for children and children in heart. 6.3 Likelihood of projects success The Friends of Bull Mountain Park six projects likelihood of success are multi-dimensional. Let us examine them one at a time. 1. Experience and commitment of applicant and partners Refer to section "Partnership and community engagement" for detailed information that will support the likelihood of the projects success. 2. Project management plan The six Friends of Bull Mountain Park's project plans will be detailed during the 1Q or 2Q 2015, depending on the availability of funds and Metro Nature in Neighborhood Grants application response. 3. Project timeline including fundraising, design development, permitting, bid/contract process, construction and community celebration Fundraising, Legacy donors are contacted and strategies are designed. Started Nov. 2014. Fully implemented 2Q2015. Design development, 2Q2015 Permitting, 3Q2015 Bid/contract process, 3Q2015 and potentially 4Q2015 Construction,4Q2015 and 1Q2016 o In-kind projected started 4Q2014 and they will continue through the end. Community celebration o Often during the projects o Nature Play and Pavilion dedication,June 212016 (Bull Mountain Park 4th birthday- dedication) 4. Challenges identified Six projects design and blue prints are not completed.Therefore,the construction costs are an estimate.Although we added 20%and 30%contingent budget plan,there are possibilities the cost will exceed the estimated budget.To manage the risk, the project manager will monitor the cost and communicate potential risks, as soon as possible. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 The potential risk mitigation can be to exercise the stepwise construction model, if needed. For example, complete the nature play elements (play items) and/or pavilion during multiple phases. Fundraising is a mixture of art, science, marketing, sales, and public relations. Although we have identified strategies and have fundraising plans,there is a possibility that the funds will arrive later than expected.The mitigation plans are to explore other grants and resources to raise the needed matching donations. 5. Secured matching funds and/or reasonable fundraising goals In addition to committed and pledged donations and support,the Friends of Bull Mountain Park has the following plan to secure and ensure fundraising goals success. The Tualatin River Watershed Council is the Friends of Bull Mountain Park fiscal sponsor. Together, we have a well- established process in place to collect donations, process the acknowledgement, and provide written tax receipts. The donor levels are identified as Legacy, $10,000 and up, Visionary$5,000 and up, and Patron $250 and up.The donors approach and recognition are personalized to their level of donations. For more details about fundraising refer to Appendix H. The Friends of Bull Mountain Park, City of Tigard,Tualatin River Watershed Council,Tigard Park and Recreation Advisory Boards, and the community have worked diligently to apply for the Metro Nature in Neighborhood Grants. Our sincere hopes are that the review committee will respond positively to the six projects capital investment and assist us to bring them to reality. Your consideration is genuinely appreciated. Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 7 Appendix A - Site maps 7.1 Bull Mountain Park site maps Pro erty Summary LLJ l z UJI , �J r L ` I - t j LL IZ . ,eco. ` 'WOO © SHIRE L w 4!Lfl -J LU ). � aun e LU U ST .DAMES LN] -� 7`j __jLM-1NGT0N LN 10 Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 7.2 To-date site map To-date Bull Mountain Park features, soft trails, and entrances are as follow.The Bull Mountain Park soft trails start at multiple (6) entrances: SW Alpine Crest Way(Service Vehicle Entrance), SW Greenfield Drive, SW Benchview Place, SW Woodshire, SW Fernridge Terrace, and SW Ridgefield Ln. L4 dr 74 +, Q t o - 13 Park eou,aaty Q Soft Trails rESLWA ® © S Sign, Entrance Q + Information Bathroom 4W c Bench 1 Z11 a 4 . 9' r T D ,,, Ti� �Mqps L-176Np Gn.i9la 10.'142tDt2 rl c r 1 . 0 X I AIR _1116 'A Place to caro Maw.• ofTlyqifO Ar 3125 SW Hart 6ira �" — - --- T19ara. OR 97223 .40 So3 639•tt7l ■vw �tgara-or go, Attachment 1 Grant Application Co.933913 Exhibit A of Co.933914 Meadow and Main Entrance Area Map .4 Park EnTyxr 11 y ' IT is .,�, '•' P. '+^. t ..J"; � h h. — r v y. d Chip Trail Informs!Nature Play AreasI '' 4 Open Grass Area H ,6 r " t f Accessible Pathway � ? Picnic Table Shelter 7A- 41' Half Basketball Court and ti ?� �! - i i , } Maintenance� - - nce hrcle round -" �y M11 Vehicle Nature Play Area rrl Accessible Rampi� , sf•- r ,, � ,. Portable Restroom w/ c�o'd.Sc r� n .� Tool She ;A � 8C I 1e.1 f � r 1 dal . to - t1.f4'(' E . - .� - ell•,; , , e _fir`_"�� y_y'�'*� � __�J__—,_ _ th Note: This conceptual site plan is based on the existing,2-foot GIS topographic data (as shown).Future ,e concept plan refinements and detailed design development will require a site-based topographic CITY O F TI V A R D survey,which may necessitate alterations to account for slopes and engineering. Attachment 2 NATURE IN NEIGHBORHOODS CAPITAL GRANT Revised Budget Exhibit A of Co.933914 (F3) PROJECT BUDGET WORKSHEET Co.933913 PROFESSIONALSERVICES COSTS Estimate the hours of work directly related to your project for non-profit personnel, agency personnel, volunteers and consultants. You can delete rows that do not apply and/or add more specific descriptors. • Explain the tasks each is expected to complete in the budget narrative (i.e. surveys, design development, construction documents, plan review, construction management). Pre-Agreement costs must occur AFTER the Invitation to Submit a Full Application and are not reimbursable. Agency&non-profit personnel time cannot exceed 10%of the grant request. Volunteers specifically doing project installation should be included in this section. financial in-kind grant match match request TOTAL A. Pre-Agreement 1. Non-profit staff $0.00 2. Agency staff(Internal PM) $0.00 3. Consult.(master plan/design) $0.00 4. Volunteers $0.00 B. Post-Agreement Costs 1. Non-profit staff $6,800.00 $6,800.00 2. City of Tigard staff time est $13,893.90 $13,893.90 3. Consultants/Lango Hansen $10,100 $2,170.00 $10,909.00 $23,179.00 4. Land Survey $5,460 $5,460.00 4. FOBM coordination $35,197.35 $35,197.35 5. Volunteer trail building $31,643.84 $31,643.84 Total for Professional Services $22,360.00 $82,905.09 $10,909.001 $116,174.09 CONSTRUCTION COSTS financial in-kind grant match match request TOTAL A. Site Construction Costs 1. House demolition & clearing $23,409.46 $23,409.46 2. Site prep and grading $32,500.00 $32,500.00 3. Concrete paving & curbs $20,000.00 $17,273.00 $37,273.00 C. Improvements/materials $0.00 1. Nature Play-contractor installation and volunteers $ 35,157.00 $26,000.00 $36,312.00 $97,469.00 Materials/services provided by City $12,000.00 $12,000.00 2. Picnic shelter $50,000.00 $50,000.00 3. Signage $0.00 4. Picnic tables $4,050.40 $4,050.40 3. Toolshed $5,082.00 $5,082.00 4. Soft surface trails all of them $2,988.00 $2,988.00 5. ADA access trail $20,000.00 $20,000.00 6. Benches- six $8,759.60 $8,759.60 7. Bathroom shelter/water fountain $10,639.20 $10,639.20 8. Native plant transplanting $2,616.00 $2,616.00 E. Permits $0.00 $0.00 Total for Construction Costs I S55,157.001 S148,044.661 $103,585.001 $306,786.66 ADMINISTRATION Fiscal Administration at 10% $0.00 $0.00 $11,449.00 $11,449.00 Total for Administration 1 $0.00 $0.00 $11,449.00 $11,449.00 TOTAL PROJECT COSTS 1 $77,517.001 $230,949.751 $125,943.001 $434,409.75