Loading...
HomeMy WebLinkAbout031416_ca05To: 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 March 14, 2016 Agreement for Preparing and Painting the Quilcene Sport Courts Statement of Issue: Using the Small Works Roster, a contract to prepare and paint the surface of the newly asphalted tennis and basketball courts at Quilcene County Park has been prepared and is ready for approval. Analysis/Strategic Goals/Pro's £t Con's: In 2015, Jefferson Healthcare entered into an Interlocal Agreement with Jefferson County to prepare and paint the surface of the newly asphalted tennis and basketball courts at Quilcene Park. The courts were repaved by donation of local citizens organized by Clayton White and the Quilcene Volunteer Parks Association. Fiscal Impact/Cost Benefit Analysis: The project is fully funded through the Interlocal Agreement with Jefferson Healthcare. The project will be beneficial to the community. The improvement will encourage physical activity and make the park and campground safer and more attractive to locals and visitors alike. Recommendation: Approve the agreement and return three signed copies to Public Works. Department Contact: Matt Tyler. 385-9129 Rev' d By: Philip Mo rator Date CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of tV*j(Lt.t} , 201 �, between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36, RCW, as amended and Alex Havens of Pacific Ace LLC Surfacing Solutions, hereinafter called the Contractor WITNESSETH That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows 1 The Contractor agrees to furnish all materials, labor and equipment and do certain work, to -wit That the Contractor herein will undertake and complete the following described work surfacing the newly asphalted tennis and basketball courts located at Quilcene Community Park, and will consist of filling depressions, caulking cracks, applying one coat of black acrylic re -surfacer, two coats of color acrylic paint in two different colors, lining the courts, and painting a custom logo in the center of the basketball court, for the total sum of Fifteen Thousand Two Hundred and Sixty Eight dollars ($15,268) in accordance with and as described in the attached plans and specifications The Contractor shall perform any alteration in or addition to the work provided in this contract and every part thereof The Contractor shall complete the described work as follows with a start date of May 1 st, 2016 and a completion date of August 1, 2016 The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof 2 The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized pries hereto attached, at the time and in the manner and upon the condition provided for in this contract The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract 3 The Contractor for himself, and for his heirs, executor, admimstrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor 4 Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A VII The Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due the Contractor All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected Page 1 of 12 A Workers Compensation and Employers Liability Insurance The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington B General Liability (1) - with a mimmum limit per occurrence of one nullion dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily mjury, death and property damage unless otherwise specified in the contract specifications This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage 1 Broad Form Property Damage with no employee exclusion, 2 Personal Injury Liability, including extended bodily injury, 3 Broad Form Contractual/Commercial Liability including completed operations (contractors only), 4 Prenuses - Operations Liability (M&C), 5 Independent Contractors and Subcontractors, and 6 Blanket Contractual Liability (1)Note The County shall be named as an additional insured party under this policy C Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and property damage unless otherwise specified in the contract specifications This insurance shall indicate on the certificate of insurance the following coverage 1 Owned automobiles, 2 Hired automobiles, and, 3 Non -owned automobiles (2) Note The County shall be named as an additional insured party under this policy Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim admimstration and defense expenses The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor All insurance provisions for subcontractors shall be subject to all of the requirements stated herein Failure of The Contractor to take out and/or maintain any required insurance shall not relieve The Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise linut the obligations concerning indemnification It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements Page 2 of 12 Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch 48 62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement If the proof of insurance or certificate of coverage indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of this Agreement The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor 5 The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity ansing in whole or in part, directly or indirectly, from the Contractor's negligence or breach of any of its obligations under this Agreement, provided that nothing herein shall require a Contractor to mdemnify the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the County, its officers, employees and agents, and, provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Contractor's agents or employees, and, (b) the County, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County of defending such claims and suits, etc , shall be valid and enforceable only to the extent of the Contractor's negligence, or the negligence of the Contractor's agents or employees Claims against the County shall include, but not be linuted to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an mfnngement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R C W The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R C W 4 24 115 and was subject of mutual negotiation 6 The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer-employee or master -servant, and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may anse on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor 7 The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement 8 Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that the Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for payment of all obligations of the Contractor Page 3 of 12 IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Comrmssioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written Executed by the Contractor 20 14p. Contractor '_ sLLFS� A_C.E LL'r (Please print) By -,114X +b,VIPN s (Please print) (Signature) CO, TAO,-Z�ALA2 \" State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David Sullivan, Member Approved as to fo only JJ4.--J -212-311, David Alvarez Date Deputy Prosecuting Attorney _ 2 Monte Rem rs, P E Date Public Works Director/County Engineer Page 4 of 12 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief, that it and its principals (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, (2) Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with comrmssion of any of the offenses enumerated in paragraph (2) of this certification, and (4) Have not within a 3 -year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation ,, A,,- LL C_ Name of Contractor (Please print) Name and Titles Authorized Representative (Please print) of Authorize Representative ❑ I am unable to certify to the above statement An explanation is attached Page 5 of 12 EXHIBIT A PROJECT PLANS AND SPECIFICATIONS M 71:71 aErl":ILlI:3 A.1\ a 11 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 12 SCOPE OF WORK A This specification covers the crack filling, levelmg, 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 dut 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 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 Page 6 of 12 III 'PART 3 - EXECUTION 31 APPLICATION New asphalt pavement shall cure for 14 days prior to application of any surfacing materials 4 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 A 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 foot 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 mbounds 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 B 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 C All cracks shall be filled with Novacaulk or equivalent D 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 E 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 F 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 G 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 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 Perrmssion of the owner shall be obtained before adding additional water H The contractor shall provide all materials and labor to paint a design in the center circle of the basketball court (see image) The design will be painted 10' across at its widest point, thereby leaving a 1' margin to the outside circle The design will be in two colors, painted on a white background, and will require the contractor to provide two custom stencils The County will provide the contractor with a vectored image of the design from which to make the stencils 3 2 LINE MARKINGS A Upon completion and acceptance of the surface, this Contractor shall prepare and paint lines for tennis (with pickle ball Imes on top) and full sized basketball court with secondary court The tennis and basketball lines shall be painted in white, and the pickle ball lines shall be painted in sandstone Page 7 of 12 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 for two goals including key, and three point line See attached drawing The secondary basketball court will include only a dash for the free throw line and outside boundary 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 lugh 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 hunudity 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 Page 8 of 12 BASKETBALL COURT (High School or College) �L • A *VON of CttMo t Products CoWram 150 Da000mb Ind ArKlmw. MA 01810 USA 976 2S -10I90/4000 -22S-1141 Fne978423--~ Side Goal with Free Throw Dash ss Side Goal with Free Throw Dash rmpt ft ft ony, a is 00 a miry VM N is nor d - to sub >u — WpkmW a *W*Ad srgtrwr OMa9 oonsYnotrty yv oast 1S • 12 W DE e' DEEP NfOE P* DEED 6 RADIUS OUTSIDE h 1 LIHE 3 RADIUS OU'SiDE te' 10' t 9' TO CEWEN OF UNITE �L • A *VON of CttMo t Products CoWram 150 Da000mb Ind ArKlmw. MA 01810 USA 976 2S -10I90/4000 -22S-1141 Fne978423--~ Side Goal with Free Throw Dash ss Side Goal with Free Throw Dash rmpt ft ft ony, a is 00 a miry VM N is nor d - to sub >u — WpkmW a *W*Ad srgtrwr OMa9 oonsYnotrty yv oast Pickleball Diagram 20 FT 12 IN. SETBACK FOR NET POST SIDE LINE " FT. ' Tennis Court Diagram Page 10 of 12 i FT 1 15 FT. I 1 1 I 1 I Z 1 g SERVICE CENTER LINE 1 NON-V(XLEY 2 f ZONE y r SERVICE CENTER UNE '2 1 M 1 m 10 FT 1 1 1 " FT. ' Tennis Court Diagram Page 10 of 12 v a, LL Ln r -I GJ "O Ln 0J GJ r N C O C_ L H Quilcene Community Center Sports Court Parking Lot—US Highway 101 Side (121.6 Feet) Page 11 of 12 n O 3 3 r -r n .t Logo to be painted in the center circle of the basketball court. An electronic vectored image will be provided Page 12 of 12