HomeMy WebLinkAbout101359 EVERGREEN TENNIS COURTS INC - CONTRACT - RFP - 663 TENNIS COURT MAINTENANCE ANNUALP663 SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Evergreen Tennis Courts, Inc., hereinafter referred to as "Service
Provider'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed
a. This Agreement shall constitute the basic agreement between the parties for services
for Tennis Court Maintenance. The conditions set forth herein shall apply to all services performed
by the Service Provider on behalf of the City and particularly described in Work Orders agreed
upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached
hereto as Exhibit "A", consisting of one (1 ) page, and incorporated herein by this reference, shall
include a description of the services to be performed, the location and time for performance, the
amount of payment, any materials to be supplied by the City and any other special circumstances
relating to the performance of services. No workorder shall exceed $50,000.00. The only services
authorized under this agreement are those which are performed after receipt of such Work Order,
except in emergency circumstances where oral work requests may be issued. Oral requests for
emergency actions will be confirmed by issuance of a written Work Order within two (2) working
days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular services
WOSA 10/97 1
EXHIBIT C
Section 1.4 - Description/Methods
METHOD # 1, RESURFACING WITH PETROMAT SYSTEM
Work to proceed as follows:
1. Remove all chain link from fence frame
2. Pull necessary posts to allow access of paving equipment
3. Remove tennis nets and tennis net posts
4 Fill all cracks
5. Apply Petrotac over all structual cracks
6. Tack entire tennis court area
7. Apply petromat over entire tennis court area
8. Apply 2" thick hot mixed asphalt over entire court area
9. Re -install existing chain link, using new bottom tension wire and new ties
10. Clean entire court area to be surfaced
11. Flood and patch all areas holding more than 1116" of water
12. Apply two coats of Hawker Laykold Resurfacer
13. Apply two coats of Hawker Colorcoat Concentrate (slow surface)
14. Paint 2" white lines to meet USTA specifications
15. Courts to be dark green playing area, mad. green out of bounds
16. Sand and paint existing tennis net posts
METHOD # 2, STANDARD RESURFACING
Work to proceed as follows:
1. Clean off entire tennis court area using 3500 psi power washer
2. Clean, sterilize and fill all cracks
3. Flood and patch all areas holding more than 1/16" of water
4. Apply two coats of Hawker Acrylic Resurfacer
5. Apply two coats of Hawker Colorcoat Concentrate (slow surface)
6. Paint 2" white lines to meet USTA specifications
7. Courts to be dark green playing area, mad. green out of bounds
8. Cut and knuckle all chain link fence that is touching surface
9. Sand and paint existing tennis net posts
METHOD # 3, CRACK FILL
Work to proceed as follows:
1. Clean out entire crack area
2. Fill with sand to within 1" of top of crack
3. Sterilize with weed killer before filling with crack fill material
4. Fill with California products Court Patch binder mix (on cracks less than
1/4"wide use California crack filler)
5. Grind smooth and re -fill as necessary
6. Color and stripe to best match existing colors
METHOD # 4, TENNIS NET POST REPLACEMENT
Work to proceed as follows:
1. Remove existing tennis net posts
2. Enlarge tennis net footing to meet required specifications
3. Fumish and install new Douglas 3" Sq. Premier tennis net post in sleeves
set in concrete
Section 1.4 - Description, Specifications & Warranties
TECHNICAL SPECIFICATIONS
TENNIS COURT RESURFACING.
PART 1: CHAIN LINK FENCE ADJUSTMENTS
All chain link fence shall be inspected and adjusted so that the fabric is
between 1" and 1 1/2" above the final court surface. The fence shall be adjusted
in height by cutting off of the bottom a uniform amount. The chain link fabric will
then be reknuckled to attain required height. Where the tension wire is existing,
it shall be loosened and restrung following the cutting and reknuckling. Where
the bottom tension wire is broken or missing, it shall be replaced with new
bottom tension wire. The wire shall be hog ringed to the existing chin link fabric
using 9 gauge galvanized hog rings.
If it is necessary to remove portions of the chain link fabric to permit use of
equipment, it shall be done in a professional manner and replaced to original
condition.
PART 2: MATERIALS AND COLORS
Tennis courts shall have a dark green interior surface and a Med green
exterior surface with 2" white lines (base lines to be 3"). Lines shall be primed to
seal voids between masking tape and court surface to prevent " bleed under'.
All dimensions to meet USTA specifications.
Approved manufacturers of materials:
Hawker Manufacturing, Inc.
308 S. LeBaron
Mesa, AZ. 85210
Submit manufacturers product data for each type of coating including finish
indicated. All requests for substitutions of materials shall be made no less than
10 days prior to bid opening. All bids submitted without written approval of
substituted materials will not be considered.
PART 3: GENERAL
3.1 Description of Work
The contract work performed under this section consists of furnishing all
required labor, materials, equipment, implements, parts and supplies necessary
for, or appurtenant to, the surfacing of tennis courts in accordance with these
specifications.
3.2 Quality Assurance
The work shall be done in a thorough manner and shall conform to the
standards for tennis court construction of the United States Tennis Court &
Track Builders Association.
3.3 Guarantee
Evergreen Tennis Courts, Inc., shall guarantee their respective work against
defective materials or faulty workmanship for a period of one year following
acceptance of the project by the owner. The finished colorcoating shall have an
extended warranty of three years. This pertains to surface wear only. There is
no guarantee as to when existing cracks will start to reappear.
PART 4: SPECIFICATIONS AND EXECUTION
4.1 Surface preparation
,y
The entire surface shall be washed with a pressure washer with at least 3500
PSI tip pressure. Courts will be scraped with floor scrapers to remove any
foreign objects or burrs from the surface. Cracks in the surface shall routed out
with high pressure water and scrapped or ground flat in preparation for filling.
4.2 General repairs
a. All coatings in the area that are loose or chipped shall be removed, cleaned
and then filled with Hawker Acrylic Deep Patch or Hawker Neutral Crack filler.
The patches must have a uniform appearance to where it blends with the
surrounding surface.
ow b. After flooding the entire area with large amounts of clean water and waiting
4) 30 minutes to allow natural drainage, locate and mark all birdbaths deeper than
one sixteenth inch (1/16"). Fill all birdbaths using Hawker Walktop or Hawker
Acrylic Deep Patch mix.
Repeat patching operation as necessary until all birdbaths meet the required
depth specifications.
4
c. Clean, sterilize and fill cracks with Hawker Acrylic Deep Patch or Hawker
Acrylic Crack filler, making sure to blend all edges with the surrounding surface.
4.3 TACK COAT, (Optional)
a. After the surface has been thoroughly cleaned, apply a tack coat consisting
of one part Hawker SS 1 H binder and four parts water. After material is applied
over the entire court area, sweep out any standing puddles to prevent black fatty
spots.
4.4 RESURFACER COATS
a. After the tack coat has thoroughly dried, apply a minimum of two coats of
Hawker Acrylic Resurfacer with clean bagged Silica Sand (50-70 mesh). The
coats shall be uniform with no ridges or lumpy bits of dried material.
b. Hawker Acrylic Resurtacer shall be applied in strict accordance with the
manufacturer's printed instructions unless modified in writing by the owner.
c. The mixture will be agitated in a one hundred (100) gallon paddled mortar
mixer so as to provide a consistent homogeneous solution. Segregation before
or during application will not be permitted.
4.5 COLORCOATING, TENNIS COURTS
a. After the application of Hawker Acrylic Resurtacer, two (2) coats of
Hawker Color Coat Concentrate shall be applied. The two coats shall contain
clean Silica Sand (30-50 mesh) at a rate of 6 to S lbs. per gallon of color coat
concentrate. (Slow Surface)
b. Hawker Color Coat Concentrate shall be applied in strict accordance with
the manufacturer's printed instructions unless herein modified.
c. The mixture will be agitated in a one hundred (100) gallon paddled mortar
mixer so as to provide a consistent homogeneous solution. Segregation before
or during application will not be permitted.
d. The Color Coating system shall be applied in two-tone combinations, a dark
green playing area and a medium green out of bounds area. Care shall be
taken to protect adjacent areas and structures. Wood and or tarps shall be
used to protect surfaces including turf and walkways outside the courts from any
staining or spills of materials
used.
4.6 LINE MARKINGS
a. Upon completion of the tennis court surface , the contractor shall prepare
i and paint lines for play.
i
b. The lines shall be masked on both sides with an acceptable tape. Each
measurement shall be accurately set within the prescribed tolerances of the
i United States Tennis Association. Playing lines shall be painted using a prime
coat, allowed to dry and then painted with white latex acrylic line paint. The
lines shall have a clean solid white definition. Ragged lines will not be accepted.
c. All areas that have overlapping colors shall be corrected.
4.7 CLEANUP
The contractor is responsible for all job site cleanup and repair of facilities
damaged or affected during this course of work. Special attention shall be made
to the surrounding landscape and structures. Stained and or dirty grass areas
will need to be replaced with new sod. Other surfaces that are stained or soiled,
will be cleaned or repaired to match original condition.
9
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
L. A. Olson Agency, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
___________________________ -_________--____________________-
j 200 E. 7th St. Suite 120 I I 80537-nd,CO 1 COMPANIES AFFORDING COVERAGE
80537-
----------------------------------------------------- -------------------------------------------
Inc. 6- P y-------------11
----------
INsvRED 1 coMPANY LETTEx A Union Insuran "' oM an
Evergreen Tennis Courts, ----
COMPANY LETTER B ------------------
2332 Fountain Dr. -------------------------- - --- ---- COMPANY LETTER C
Loveland,CO
8 O 5 3 8- --- ---------
COMPANY LETTER D
________________________________________________
COVERAGES = COMPANY LETTER E
o-...._�......................................................:.......................____.-.........._____
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY =
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO 1
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.
------------------------------------------------------------------------------------------------------------------------
COl TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP ALL LIMITS IN THOUSANDS
LTAIDATE DATE
________________________________ ____________________________ I__________________
I GENERAL LIABILITY l I I GENERAL AccxecATe 1 1000 I
z, ]--------------------------------
l All X] COMMERCIAL GEN LIABILITY 1 SC04817474 07/15/97 07/15/98 1 PRODS-COMP/OPS AGG. 1000 1
_____________________1___________1
I 1 [ ] CLAIMS MADE [X OCC. / / / / PERE. & ADVG. INJURY] 1000
[ ] OWNER'S & CONTRACTORS / / / / EACH OCCURRENCE 1000
PROTECTIVE
I I FIRE DAMAGE____________________
(ANY ONE FIRE) 50
_________-1
MEDICAL EXPENSE ]
(ANY ONE PERSON) S
_____1________ ______I____________________
AUTOMOBILE LIAB I CSL 1000 1
[ ] ANY Auxo I---------------
I SC04817474 07/15/971 07/15/981 BODILY INJURY
I [ ] ALL OWNED AUTOS / / / / (PER PERSON)
] AlX1 SCHEDULED AUTOS / / / / _______________ 1___________
Al X] HIRED AUTOS / / BODILY INJURY
Al (X1 NON -OWNED AUTOS / / / / (PER ACCIDENT)
I ] GARAGE LIABILITY ---------------------
/ PROPERTY------- ----I
I 1 EXCESS LIABILITY EACH OCC AGGREGATE
j __ __I
I ] UMBRELLA FORM
C I OTHER THAN UMBRELLA FORM
j All WORKERS' COMP STATUTORY
AND SCP4817474 07/15/971 07/15/981 100 EACH ACC
50 0 DISEASE -POLICY LIMIT
I Al EMPLOYERS' LIAB I SCP4817474 1 07/15/97 1107/15/9811 100 DISEASE -EACH EMPLOYEE]
------------------------------- --------------------------- -------------- ------------
OTHER
I I �
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
I
I I
11 CERTIFICATE HOLDER <.' ..............:..............> CANCELLATION<.'.........................-.....-...--...e....a==-.e. _..="`
= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX -
City of Fort Collins PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10
= DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
P . 0. BOX 580 = FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
50522I Fort CO111n8, C0 ., REPRESENTATIVES.
ANY IND UPON THE COMPANY, 2 0
L�, A P � �, ------------------------
AUTHORIZEDI RE PRESENTATI
]ACORD 25-S (11/85) �-
assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work The City reserves the right to independently bid any services
rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service Provider.
3. Time of Commencement and Completion of Services The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without waiting
for a written Work Order. Time is of the essence.
4. Contr ct Period. This Agreement shall commence upon signing, and shall continue
in full force and effect until May 1, 1999, unless sooner terminated as herein provided. In addition,
at the option of the City, the Agreement may be extended for additional one year periods not to
exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed
to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado
State Planning and Budget Office. Written notice of renewal shall be provided to the Service
Provider and mailed no later than 90 days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notices Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written notice
of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the parties.
WOSA 10/97 2
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following address:
City
City of Fort Collins, Purchasing
256 W. Mountain Ave.
Ft. Collins, CO 80521
Service Provider
Evergreen Tennis Courts, Inc.
2332 Fountain Dr.
Loveland, CO 80538
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested. No Work Order of $50,000.00 or more shall be
issued.
8. Payments. a. The City agrees to pay and the Service Provider agrees to accept
as full payment for all work done and all materials furnished and for all costs and expenses incurred
in performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting
of one (1) page, and incorporated herein by this reference.
b. Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies
and materials, and other costs incurred in connection with the performance of such work.
9. City Reore_ sentative The City's representative will be shown on the specific Work
Order and shall make, within the scope of his or her authority, all necessary and proper decisions
WOSA 10/97
with reference to the work requested. All requests concerning this Agreement shall be directed to
the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extend that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
11. Personal Services It is understood that the City enters into the Agreement based
on the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
13. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed
by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the
WOSA 10/97 4
affected item or part thereof shall be redesigned, repaired or replaced by
Service Provider in a manner and at a time acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting parry for the non -defaulting parry's reasonable attorney fees and costs incurred because
of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representative, successors and assigns of said parties.
17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions, suits,
claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death
of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
WOSA 10/97 5
C. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit "D", consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate
evidencing the insurance coverage required from an insurance company acceptable to the city.
18. Entire Agreement This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severabilitk This Agreement shall be governed in all respect by the laws of
the State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
20. Special Provisions. Scope of work is set forth in Exhibit C, consisting of six (6)
pages, attached hereto and incorporated herein by this reference.
WOSA 10/97 6
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: l allG' 1 ` 1U lL
JoM F. Fischbach
City Manager
By:
Ja V.—O'Neill II, CPPO
Dire6ty of Purchasing and Risk Management
Date3' Q k
Evergreen Tennis Courts, Inc.
..
PRINT
/ /D
CORPORATE ? T OR VICE PRESIDENT
`\
Date: 4I 13, 9 z
ATTEST: / (Corporate Sea])
- O RATE SECRETA/RY(
WOSA 10/97 7
EXHIBIT'W'
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance _
User
Service Provider agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Services Agreement
between the parties. In the event of a conflict
between or ambiguity in the terms of the Services
Agreement and this work order (including the
attached forms) the Services Agreement shall
control.
Service Provider
By:
WOSA 10/97
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:
James B. O'Neill Il, CPPO
Director of Purchasing and Risk Management
Date:
EXHIBIT B
Section 3.0
Unit Pricing
1.
Crack fill =
2.
Fence cutting & reknuckling =
3.
Colorcoating =
4.
Tennis net post replacement =
5.
Asphalt lifts =
6.
Asphalt lifts with Petromat =
7.
Slip sheet =
S.
Post tension =
9.
Premier =
$ 2.75 per linear foot
$ 1.50 per linear foot
$ 3,500.00 per court
$ 750.00 per court
$ 4,800.00 per court
$ 5,680.00 per court
$11,500.00 per court
$27,500.00 per court
$17,500.00 per court