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HomeMy WebLinkAbout121415_ca07To: From: Agenda Date: Subject: Department of Public Works O Consent Page 1 of 1 Jefferson County Board of Commissioners Agenda Request Board of Commissioners Philip Morley, County Administrator Monte Reinders, Public Works Director December 14, 2015 Interlocal Agreement with Jefferson Healthcare for Improving the Quilcene Sport Courts Statement of Issue: Jefferson Healthcare wishes to enter into an Interlocal Agreement to improve the Quilcene Sport Courts including leveling, painting, new tennis backstop, and new basketball backstops. An Interlocal Agreement has been prepared and is ready for approval. Analysis/Strategic Goals/Pro's Ft Con's: The courts were re -paved by donation of the Quilcene Sport Court Association in September of 2015. The project will be beneficial to the health, wellness and fitness of the community. Fiscal Impact/Cost Benefit Analysis: In this Interlocal Agreement, Jefferson Healthcare will pay for the direct costs of the project in advance, and Jefferson County will manager, administer, and complete the project. Recommendation: Please sign the attached three (3) originals of the Agreement. Please return two to Public Works and retain one for your records. Department Contact: Matt Tyler. 385-9129 Reviewed By: Philip Mor[County A min' rator Date A� INTERLOCAL AGREEMENT REGARDING SHARING IMPROVEMENT OF SPORT COURTS LOCATED AT QUILCENE COMMUNITY PARK (Chapter 39.34 RCW) THIS INTERLOCAL AGREEMENT is made and entered into this _ day of , 201_ pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between Jefferson County Public Hospital District #2, a Washington Public Hospital District (hereinafter "Jefferson Healthcare") and Jefferson County, a Washington Municipal Corporation (hereinafter "Jefferson County"). Jefferson Healthcare and Jefferson County are collectively referred to hereinafter as "the Parties". WHEREAS Jefferson Healthcare is authorized under RCW 70.44.240 to contract or join with another legal entity to acquire or provide services or facilities to be used by individuals, districts, hospitals or others, including the providing of health management services; and WHEREAS Jefferson County is authorized under RCW 36.68.020 to provide public recreation programs and facilities, which programs and facilities prevent disease and promote health, wellness, and fitness; and WHEREAS Jefferson Healthcare and Jefferson County wish to work together to achieve mutual benefit by improving the sport court facilities located at Quilcene County Park; and WHEREAS The Quilcene Sport Court was re -paved by donation from the Quilcene Sport Court Association; and WHEREAS it is in the interest of the community that the parties cooperate to provide efficient and cost- effective public parks and facilities; and WHEREAS each party is a public agency within the meaning of Chapter 39.34 RCW, and each agency has the independent authority to take all action authorized by this Agreement; NOW,.THEREFORE, pursuant to Chapter 39.34 RCW, Jefferson Healthcare and Jefferson County enter into this Agreement for the purpose of improving the sport court facilities at Quilcene County Park as follows: 1. RESPONSIBILITIES OF EACH PARTY 1.1. Contacts. The contacts for purposes of communication shall be the Jefferson County Public Works Director or his/her delegate, and the Jefferson Health Care Executive Director or his/her delegate. 1.2. Construction. Jefferson County shall be solely responsible for all aspects of construction including permitting, contracting, project management, and project administration (the "project"). The project may proceed only upon approval of this agreement by both parties. 1.3. Finance: Jefferson Healthcare shall pay Jefferson County $18,422.64 for the direct cost of the project including construction contracts, materials, equipment, supplies, and staff engaged directly in project construction. Jefferson Healthcare shall pay Jefferson County in advance, upon approval of this Agreement, based on the budget detailed in Exhibit B. Each party shall pay its own indirect costs including insurance, overhead, general, and administrative costs. 1.4. Reporting. Project reports shall be provided from one party to the other party upon executing construction contract(s), initiating work, and completing the project. 1.5. Recognition. Jefferson County and Jefferson Healthcare may mutually develop and implement a plan of recognition of this cooperative effort which could include but is not limited to, signage, advertisements, websites, and press releases. 2. PROJECT ADMINISTRATION Administration of this Agreement is the sole responsibility of Jefferson County. Jefferson County is responsible for filing this Agreement in accordance with RCW 39.34.040. Jefferson County shall ensure that the project is undertaken and completed in compliance with all applicable federal, state, and local laws and ordinances. 3. MODIFICATION OF AGREEMENT This Agreement may be amended at any time by written agreement of the duly authorized representatives of all parties. 4. DURATION This Agreement shall endure for two years from the date of the final execution of the agreement, unless terminated as provided herein. Any party may terminate the entire agreement by giving written notice to the other party. Said notice of termination shall become effective immediately. 5. HOLD HARMLESS AND INDEMNITY AGREEMENT To the extent permitted by law, each party (the indemnitor) agrees to defend, indemnify and save harmless the other party (the idemnitee), its elected board or council members, officers, agents and employees, from and against all loss or expense including, but not limited to: judgments, settlements, attorneys' fees and costs, claims for damages, penalties or other relief caused by the indemnitor's alleged negligence, or wrongful conduct, except for the injuries, penalties and damages caused by the sole negligence or wrongful conduct of the indemnitee. Claims for damages or other relief include, but are not limited to, those for personal or bodily injury including death. If the claim, suit or action involves concurrent negligence of the parties, the indemnity provisions provided herein shall be applicable only to the extent of the percentage of each party's negligence. It is further and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. NONDISCRIMINATION During the performance of this Agreement, both parties and its agents, subcontractors, and employees shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, age, or any protected status or the presence of any sensory, mental or physical handicap in the administration or delivery of services or any other benefits under the Agreement. The Parties shall comply with all federal, state, or local laws, executive orders, and regulations applicable to this Agreement. 7. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by each of the parties during the term of the Agreement and for three years after termination or such longer period as required by a party's public records retention policy. 8. ENTIRE AGREEMENT; AMENDMENTS This agreement represents the entire and integrated agreement between the Parties. This Agreement may be amended only by a written instrument approved by both of the Parties pursuant to regularly - adopted resolutions or other appropriate instruments at open, public legislative meetings, and signed by authorized representatives of both of the Parties. 9. SEVERABILITY AND WAIVER If any provision of this Agreement is rendered invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. In the event that any Party waives any provision of this Agreement, it shall not be deemed to have waived that provision at any other time or to have waived any other provision. 10. ASSIGNABILITY No assignment by any Party of this Agreement, or any portion thereof, shall be permitted unless the assignment is authorized by a written instrument approved by all Parties pursuant to regularly adopted resolutions or their appropriate instruments at open public meetings, and signed by authorized representatives of all Parties. 11. REPRESENTATIVES; NOTICES For purposes of administration of this Agreement, the representatives of the Parties are set forth in this section below. Any notice shall be delivered personally or may be mailed by certified mail, return receipt requested, to the other party. In the case of notice by mail, notice shall be deemed or given on the date of postmark of the return receipt. Jefferson County, Washington: Public Works Director 623 Sheridan St Port Townsend, WA 98368 Telephone: 360-385-9129 Jefferson Healthcare Executive Director 823 Sheridan St. Port Townsend, WA 98368 Telephone: 360-379-4501 12. APPLICABLE LAW; VENUE This Agreement shall be governed by the laws of Washington State. Venue for any action under this Agreement shall be Jefferson County, Washington. The prevailing party in any action brought under this Agreement shall be entitled to award of its reasonable attorneys' fees and costs, including those incurred on arbitration or appeal. 13. SUCCESSORS AND ASSIGNS This agreement shall be binding upon the parties, their successors and assigns. 14. CORPORATE AUTHORITY Each individual executing this Agreement represents and warrants he/she is fully authorized to execute and deliver the Agreement on behalf of the municipal corporation bound thereby in accordance with a duly and regularly -adopted resolution or other appropriate instrument adopted at an open public meeting, and that this Agreement is binding upon the municipal corporation in accordance with its terms. 15. COUNTERPARTS This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this agreement, but all the counterparts shall together constitute the same agreement. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. APPROVED AND EXECUTED THIS DAY OF JEFFERSON HEALTHCARE Mike Glenn, Executive Director 201 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Approved as to form only: David Alvarez Date Deputy Pr scuting Attorney ` e einde Date Public Works Director Exhibit A Scope of Work Sport Court Surfacing I. PART 1- GENERAL 1.1 SUMMARY A. This section is a part of the entire set of Contract Documents and shall be coordinated with the applicable provisions of the other parts. B. Related Sections: 1. STANDARDS All work shall be done in accordance with American Sports Builders Association (A.S.B.A.) Tennis Book. 1.2 SCOPE OF WORK A. This specification covers the crack filling, leveling, surfacing and two color painting for: 1 tennis court, and 1 basketball court, including the entire fenced area and the perimeter of the courts; at Quilcene Community Park, 294964 Highway 101, Quilcene, WA 98368. B. The courts shall be cleaned using a stiff bristle broom and water based pressure spray unit capable of generating 2500 psi at the nozzle tip, to remove all dirt and debris. The work to be performed under this specification includes all labor, equipment, materials and supplies necessary for the installation of the tennis and basketball courts included in this contract. II. PART 2 - PRODUCTS 2.1 COURT SURFACE MATERIAL A. Court Surfacing Materials shall be: 1. Novacrylic® , as manufactured by Nova Sports U.S.A., 6 Industrial Rd., Bldg. #2., Milford, MA 01757. 800 -USA -NOVA 2. Approved equal B. All coatings shall be pure acrylic, containing no asphaltic or tar emulsions, nor any vinyl, alkyd or non -acrylic resins. The color system shall be factory -mixed compounds requiring only the addition of water at the jobsite except for the addition of sand to Novasurface®. All materials shall be delivered to the jobsite in sealed containers with the manufacturer's label affixed. III. PART 3 - EXECUTION 3.1 APPLICATION A. New asphalt pavement shall cure for 14 days prior to application of any surfacing materials. B. Contractors must notify the Project Manager of all applications, 48 hours prior to installation. The surface to be coated shall be inspected and made sure to be free of grease, oil, dust, dirt and other foreign matter before starting work. C. The surface area to be painted consists of all the asphalt within the fenced area, or a total of approximately 12,705 feet; divided into one basketball court area measuring 64' by 105 feet and one tennis court area measuring 57' 2" by 105 feet. The area to be painted includes the in -bounds of the courts and the perimeters (out of bounds) of each court. Two colors, NOVA #12 (Sandstone), and Nova Violet will be used. Violet will be used for the inbounds areas of the'tennis court, and Sandstone for the out-of-bounds. Violet shall be used for the main in - bounds areas of the basketball court, and Sandstone shall be used for the keys, center circle, and out-of-bounds areas of the basketball court. Exact colors will be supplied. D. The surface shall be flooded. Any ponding water remaining that is deep enough to cover the thickness of a five -cent piece (nickel) shall be corrected using a patch mix consisting of Novabond® , 50 -mesh sand and Portland cement, as per manufacturer's directions. Depressions must be primed with a 50% dilution of Novabond® and water prior to patching. E. All cracks shall be filled with Novacaulk or equivalent. F. Application shall proceed only if the surface is dry and clean and the temperature is at least fifty degrees (50°F) and rising, and the surface temperature is not in excess of one hundred forty degrees (140'F). Do not apply coatings when rain is imminent. G. Each coat in this system must dry completely before next application. Between each coat, inspect entire surface. Any defects should be repaired. Scrape surface to remove any lumps, and broom or blow off all loose matter. H. Using a neoprene rubber squeegee, apply one (1) coat of Novasurface® acrylic resurfacer, diluted with one (1) part clean water to two (2) parts Novasurface® . Clean, bagged sand shall be incorporated into the diluted Novasurface® at the rate of five (5) to ten (10) Lbs. per gallon. Sand gradation shall be 50 to 60 -mesh. Allow application to dry thoroughly. Using a neoprene rubber squeegee, apply two (2) color coats of Novacrylic Combination Surface® , diluted two (2) parts concentrated material to one (1) part clean water. A two color pattern consisting of purple and gold will be used. Allow each application to dry thoroughly. The quantity of water used in diluting these coatings may exceed the quantity specified by only a small amount and only if coatings are drying too rapidly. Permission of the owner shall be obtained before adding additional water. The contractor shall provide all materials and labor to paint a 6' x 6' square design in the center circle of the basketball court. The design will be painted using a custom stencil made according to the provided design. The design will be white on sandstone. 3.2 LINE MARKINGS A. Upon completion and acceptance of the surface, this Contractor shall prepare and paint lines for tennis (with pickle ball lines on top) and full sized basketball (the modified perpendicular basketball court lines shall only include an 18" long free throw mark). The tennis and basketball lines shall be painted in white, and the pickle ball lines shall be painted in sandstone. B. All Tennis lines are to be applied by painting between masking tape with a paintbrush or roller, according to U.S.T.A specifications. C. Main basketball court will include all markings including key, 3 and three point line. See attached drawing. Secondary basketball court will include only the key and the side lines. D. Prime masked lines with Seal -A -Line®. Allow application to dry. E. Paint lines with Novatex® textured line paint. Allow application to dry. F. Remove masking tape immediately after lines are dry. G. Protect adjacent areas and structures (fences, posts, sidewalks, buildings, etc.), which are not to be coated. In the event that coatings are applied to above, remove immediately before drying is complete. 3.3 COMPLETION Upon completion, the contractor shall insure proper removal of all construction debris, surplus materials, empty containers and wash water, and shall leave the site in a condition acceptable to the owner. The court is to be left secure so as to prevent vandalism. 3.4 LIMITATIONS A. Apply coatings only when ambient temperature is 50 degrees F. and rising, and the surface temperature is not in excess of one hundred forty (140) degrees F. B. All NOVACRYLIC coatings are waterborne and cannot cure in cold temperatures or when subject to moisture. Care should be taken not to apply coatings when rain is forecast or sudden drop of temperature is expected. Climatic conditions such as very cool evenings and high dew points dictate that work should be completed early in the day so the coatings can be exposed to enough warm sunlight to form a film before sunset. The opposite applies during times of high heat, low humidity and drying breezes: under these conditions, work very early in the morning or very late in the day. If the product seems to be drying too fast in hot weather, mist the pavement with water to make the application easier. Care must be taken to allow each application to dry thoroughly prior to recoating. Tennis Back Stop Replacement 1. Scope of Work a. Provide all labor, equipment and supplies to construct an 8'x 20' tennis backstop. The backstop shall be constructed of %" AC Exterior Grade Plywood, mounted on a pressure treated frame using galvanized hardware. The backstop shall be painted green with a 6" wide white line representing a tennis net located 3.5' high. The backstop shall be mounted on the existing fence posts located on the North side of the tennis court. Basketball Court Backstop Replacement 1. Scope of Work a. Provide all labor, equipment and supplies to replace four basketball backstops, hoops and nets, using existing poles. Backstops shall be of fan shaped and constructed of cast aluminum. Hoops shall be breakaway style and shall meet NCAA and National High School Federation Standards. Exhibit B Budget 1. Sport Court Surfacing 2. Tennis Backstop Replacement $15,268 $350.73 3. Basketball Backstop Replacement $3,343.91 Total $18,962.64 Exhibit C Schedule 1. Surface sport court: June, 2016 (weather permitting) 2. Replace tennis backstop: June, 2016 3. Replace basketball backstops: June, 2016