HomeMy WebLinkAbout060622ca11 Department of Public Works
0 Consent Agenda
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer
Agenda Date: June 6, 2022
Subject: Execution of Contract with Pacific Ace LLC for repair of HJ Carroll
Park Basketball Courts Project #17521040
Statement of Issue: The HJ Carroll Basketball Courts are in need of repair and re-
surfacing. The previous resurfacing project was in April of 2012, and lasted
approximately ten years of hard use. By re-surfacing the courts now we can prevent
damage to the asphalt, as well as present bright, beautifully maintained courts.
Analysis/Strategic Goals/Pro's Et Con's: The HJ Carroll Park basketball courts are a
valuable resource that are used to maximum capacity. The courts are popular not
only for basketball, but also a multitude of other uses such as open play time for
children, and roller skating. These basketball courts are one of four in the parks
system.
Fiscal Impact/Cost Benefit Analysis: The project costpf is $18,520, which is only
$1,000 more than the 2012 project. This contractor did quality work in 2012 that has
held up extremely welt.
Recommendation: Public Works recommends that the Board execute all three (3)
originals of the Contract and return two (2) originals to Public Works for further
processing.
Department Contact: Matt Tyler, 385-9160
Reviewed
Mark McCauley, ounty Administrator D to
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of 1 , between
the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of
Public Works under and by virtue of Title 36, R.C.W, as amended and
Alex Havens of Pacific Ace Surfacing Solutions LLC
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement, the parties hereto covenant and agree as follows:
l . The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the
Contractor herein will undertake and complete the following described work:
HJ Carroll Park Basketball Courts: pressure wash, crack fill, depression fill, sand and level court
to grade, remove tar from center crack, apply Riteway crack repair system over 118 linear feet of
cracks, apply 1 filler coat, apply 2 coats fortified Plexipave acrylic surfacer same color and layout
as existing, apply standard basketball lines, 1 seal coat and 2 coats textured white.
for the total sum of eighteen thousand five hundred and twenty dollars ($_18,520 )
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 (60 ) 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
Construction Contract Contract F Version I Risk Legal Review Date 06/17/2020 Page 1 of 10
r
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 2 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 3 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.
X❑ Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived
INDEX OF EXHIBITS
X❑
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
gExhibit
E:
Contractor's Declaration of Option for Management of Statutory Retained Percentage
Construction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 4 of 10
IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below
written, and the Board of County Commissioners 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 %Q __ .Zz
Contractor:
Alex Havens
(Please prino
13y:. _ _- L l C
(Please priirl)
. f r hlf'N) ---- -- �.
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kate Dean, District -.I
Heidi Eisenhour, District 2
Greg Brotherton, District 3
Approved as to form only:
April 28, 2022
Philip C. Hunsucker Date
Chief uty Prosecutor
-- — . • LL
Monttizis.l Date
Public Works Director/County Engineer
Constniction Conlracl Contract F Version 1 Risk I egal Re wx% hale 06 17 1_020 Pap: 5 ol, 10
EXHIBIT A
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 commission 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 anv of the statements in this certification, such Contractor
shall attach an explanation.
Alex Havens
Name of Contractor (Please print)
Name and Title of Authorized Representative (Please print)
SjbIatiure of Authorize Representative
11 1 am unable to certify to the above statement. An explanation is attached.
Construction Contract Contract F Version i Risk Legal Review Date 06/17/2020 Page 6 of 10
EXHIBIT B
CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES
I declare under penalty of pelf ury under the laws of the State of Washington that the foregoing is true and
correct.
The undersigned b idder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date the bidder is not a "willful" violator, as defined in RCW 49A8,482,
or any of the provisions of chapters 49.46, 49.48, or 49.52 RCW as determined by a final and binding
citation and notice of assessment issued by the Department of Labor and Industries or through a civil
judgment entered by a court of limited or general jurisdiction.
Alex Havens T)tl
Bidder's Business Name
re of Authorized Official*
6,&L
Printed Name
evx
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Date City
Check One:
wA
State
Sole Proprietorship ❑ Partnership11 Joint Venture Corporation
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co -partnership, give firm name under which business is transacted:
* If a corporation, proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
Constriction Contract Contract F Version I Risk Legal Review Date 06/17%2020 Page 7 of 10
Jefferson County Parks and Recreation
HJ Carroll Park Basketball Court Project
HJ Carroll Park Basketball Court
Resurfacing Project
Plans and Specifications
Project #17521040
This project is to (1) pressure wash and prepare the entire court (2) remove tar from 115' crack bisecting the
two courts (3) repair the bisecting crack and additional cracks for a total of 118 linear feet of cracks using
the Riteway Crack Repair 3 layer membrane system applied over filled and sanded cracks (4) fill small cracks
throughout the courts (5) fill depressions (6) sand and level the grade of the court (7) apply base coat of
Plexipave Hardcourt System Acrylic Resurfacer blended with approved silica sand (8) apply two Plexipave
Hardcourt System, Plexipave-Plexi H.U. sand -fortified color coats (same color and layout as existing) (9)
apply standard basketball lines with 1 seal coat, and coats of textured white.
EXHIBIT "A" - Scope of Work, Specifications and Design
Scope of Work
General Description
An asphalt pad measuring 140' by 115', containing two basketball courts and four basketball goals, with a concrete
perimeter sidewalk. A seam in the middle of the court, and the gap between the concrete perimeter sidewalk and the
asphalt pad have been sealed with tar. The court was built in approximately 2000, and re -painted and repaired in
approximately 2010. In 2010 the Rite -Way crack repair system was used on the seam between the concrete goal post
foundations and the asphalt court.
Asphalt Repairs and Preparation
1. Grind down and prepare approximately 3 Linear Feet (LF) of cracks in the field of play, and the 115 LF tar filled center
seam to level with asphalt.
2. Prepare the court surface: (1) pressure wash the entire court (2) fill cracks (3) fill depressions (4) sand and level the
grade of the court.
3. Repair approximately 118 LF of cracks using the RiteWay Crack Repair System.
4. Repair the surface of a concrete goal post foundation which has broken off near a goal post, approximately 12' x 18" x
1" deep.
5. Repairs to the seam between the concrete sidewalk and the asphalt courts will be repaired by others, and is not
included in this scope of work.
6. Apply one thick base coat of Plexipave Hardcourt System Acrylic Resurfacer blended with approved silica sand.
PAGE 1 OF 3
Jefferson County Parks and Recreation
HJ Carroll Park Basketball Court Project
Color Coats and Lines
1. Apply two coats of Plexipave Hardcourt System, Plexipave-Plexi H.U. sand -fortified color coats, in the same color as
existing.
2. The basketball court layout is the same as existing with the exception that dash marks will be added on the borders of
the free throw lane, where players stand during free throw. A layout is included with this scope.
3. Apply standard basketball lines with one seal coat, and two coats of textured white.
General
1. The County is interested in providing flexibility in schedule to complete project. Contractor to indicate on Bid Form
the total number of Working Days needed to complete the project, as well as a start date and end date.
2. A playground will be built adjacent to the basketball courts. This project cannot begin until the playground
project is complete which will be no later than September 7, 2022
3. Work days are Monday through Saturday. Work day hours (maximum) are 7:00 a.m. to 9:00 p.m.
PAGE 2OF3
Jefferson County Parks and Recreation
H1 Carroll Park Basketball Court Project
Specifications
Product Specifications
1. RiteWay Crack Repair system is specified.
2. California Sport Surfaces, Plexipave, Plexi Hardcourt System products are specified.
• ACRYLIC RESURFACER base surface preparation coat
Two coats of Sand -fortified Plexipave color coat in Plexi H.U.
i. Match colors to existing
Court Layout Specifications
Standard basketball court specifications apply. See included diagram.
NOTE the colors of the diagram are not the colors of the court.
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