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O Consent
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: June 28, 2021
Subject: Contract for Courthouse Park tennis court repair and conversion
Statement of Issue:
The tennis court at Courthouse County park is in need of repair. Pickleball is a popular
activity and there is an increasing demand for pickleball facilities. The courthouse park tennis
court no longer sees much use for tennis, but it is regularly used for pickleball with temporary
markings. Tennis courts remain available at Port Townsend, Chimacum, and Quilcene High
School, as well as at Quilcene Community Park and Fort Worden State Park. This project will
convert the existing tennis court at Courthouse Park to two new, permanent pickleball courts.
Analysis/Strategic Goals/Pro's &t Con's:
The existing court is in poor condition, and pickleball is in high demand. Due to limited
parking in the area, only two courts are being painted in this project. A third court could be
added later. Court hours will be limited from 9am to 6pm.
Fiscal Impact/Cost Benefit Analysis:
The project cost is $25,179.82 (plus WSST.) The project will repair the existing asphalt
surface instead of replacing it. This repair will last at least ten years, and is a lower cost than
a new asphalt overlay.
Recommendation:
Sign three copies of the construction contract and return them to Public Works.
Department Contact:
Matt Tyler. 385-9129
Reviewed By:
OB/4
Mark McCaul Interim Count inistrator Date
Construction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 1 of 10
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this ________ day of ________________, 20, between
the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of
Public Works under and by virtue of Title 36, R.C.W, as amended and
__________________________________________of ________________________________________
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement, the parties hereto covenant and agree as follows:
1. The Contractor agrees to furnish all labor and equipment and do certain work, to-wit: That the
Contractor herein will undertake and complete the following described work:
for the total sum of _____________________________________________ dollars ($___________)
in accordance with and as described in the attached plans and specifications and in the AIA
Document A201 2017 ‘General Conditions of the Contract for Construction’ which are by this
reference incorporated herein and made a part hereof. 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: within (____) calendar days after the
Notice to Proceed to the point of Substantial Completion.
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 prices 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, administrators, 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
Clayton Hallum New Line Services Inc.
twenty-five thousand, one hundred seventy-nine & 82/100 + WSST 25,179.82 + WSST
60
According to the attached specifications, remove two tennis court net posts and fill holes; repair
cracks in the existing asphalt, apply resurfacer to the entire court, apply two color coats, paint
pickleball lines for two courts, install four new pickleball net posts, and install two pickleball
nets at Jefferson County Courthouse Park, 1820 Jefferson Street, in Port Townsend, Washington.
Construction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 2 of 10
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.
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 minimum limit per occurrence of one million dollars ($1,000,000)
and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, 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. Premises - 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 administration 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 limit the obligations concerning indemnification.
Construction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 3 of 10
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.
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 defend, indemnify and hold the County, its officers, officials, employees, agents
and volunteers (and their marital communities) harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of
the Contractor in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the County, its officers, officials, employees, agents and volunteers (and their marital
communities) the Contractor’s liability, including the duty and cost to defend, hereunder shall be only
to the extent of the Contractor’s negligence.
Claims against the County shall include, but not be limited 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 infringement 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 the
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
Construction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 4 of 10
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.
The provisions of this section shall survive the expiration or termination of this Agreement.
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 arise 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.
For contracts of $150,000 or less, the County and the Contractor may agree that in-lieu of the
Contract Bond; the County will withhold 10% of the Contract amount in accordance with R.C.W
39.08.010. If applicable, the Contractor will indicate this option on Exhibit D.
9. The Contractor will declare a management option of the statutory retained percentage on Exhibit E.
____ Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived
INDEX OF EXHIBITS
____ Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
_____ Exhibit B: Certification of Compliance with Wage Payment Statues
_____ Exhibit C: Contract Bond, Jefferson County, Washington
_____ Exhibit D: Contractor’s Declaration of Option for Contracts for Less Than $150,000
_____ Exhibit E: Contractor’s Declaration of Option for Management of Statutory Retained Percentage
Courthouse Park Pickleball Conversion Scope of Work and Specifications Page 1 of 4
DESIGN AND SPECIFICATIONS
Scope of Work
Asphalt Repairs and Preparation
1. Remove existing tennis net and posts, fill post holes, and treat holes with the RiteWay Crack Repair System.
2. Grind down cracks in the asphalt to level.
3. Pressure wash the entire surface and the cracks.
4. Repair cracks in the entire surface with RiteWay Crack Repair System.
5. Apply (1) coat of NOVASURFACE to the entire court prior to applying color coats.
Color Coats and Lines
1. Apply (2) coats of NOVAPLAY PICKLEBALL SURFACE System according to colors specified in
specifications section.
2. Prepare lines using masking tape and NOVA SEAL-A-LINE, paint pickle ball lines for two courts using
NOVALINE Line paint.
Posts and Lines
1. Install NOVASPORTS PVC post sleeves. Install posts and nets for the two courts
General
1. Work days are Monday through Saturday. Work day hours (maximum) are 7:00 a.m. to 9:00 p.m.
Courthouse Park Pickleball Conversion Scope of Work and Specifications Page 2 of 4
Specifications
Product Specifications
1. RiteWay Crack Repair system for the entire court surface is specified.
2. NOVA Sports USA surfacing products are specified.
• NOVASURFACE in Grass Green Color as base surface coat
• NOVAPLAY Pickle Ball Specific Color Coat:
i. Stadium Blue for volley zone,
ii. Terracotta for Non-Volley Zone
• NOVALINE textured line paint in white color.
• NOVA SEAL-A-LINE to seal edges of the masking tape.
3. Net posts specifications
• Edwards Round Classic Pickle Ball Posts
• 3” round, powder coated tubular steel.
• 36” above ground height.
• Internal brass winder and lacing bars.
• Color green.
• Set in 24” PVC pickleball net post sleeve.
4. Net specifications
• Pickleball Central Permanent Pickleball Net
• Official size: 21' 7" L x 2' 8" H
• 3 mm braided polyethylene
• 28 oz vinyl headband steel cable (approx. 32" of cable on each side of net for attaching to posts)
• Cable free-floats inside of headband for easy adjustment
• Cable is 27' long
• 1/2" fiberglass dowels
Courthouse Park Pickleball Conversion Scope of Work and Specifications Page 3 of 4
Court Layout Specifications
Standard pickleball court specifications apply. See diagram below
Courthouse Park Pickleball Conversion Scope of Work and Specifications Page 4 of 4
Jefferson County Courthouse Park
Pickleball Court Layout Diagram
1820 Jefferson Street, Port Townsend, Washington