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HomeMy WebLinkAboutCOURT CONCEPTS INC; 2010-09-14; PKRC494PUBLIC WORKS LETTER OF AGREEMENT Resurfacing of Two Double Basketball Half Courts at Stagecoach Park (PKRC494) This letter will serve as an agreement between Court Concepts, Inc., a basketball court resurfacing company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to resurface two double basketball half courts located at Stagecoach Park, per the Contractor's proposal dated June 28, 2010 and City specifications, for a sum not to exceed Four Thousand Nine Hundred Ninety-five dollars ($4,995). This work is to be completed within 21 calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License. 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and employer's liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor shall be aware of and comply with California Regional Water Quality Control Board, San Diego Region requirements. A. Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to - 1 - Revised 9/28/00 submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. B. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. C. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. E. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. F. The Contractor shall indicate in his submittals methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision CITY reserves the right to implement BMP's to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. 6. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12&50, et sea., and Carlsbad Municipal Code Sections 3.32.025, etseq. MLJ, init P«C« init -^» 7. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the,£ity of Carlsbad to disqualify the Contractor from participating in contract bidding. Init U.4«init 8. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 9. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at contractor's discretion. ~ 2 ~ Revised 9/28/00 TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Paul Harrison (Project Mgr) Parks & Recreation 1166 Carlsbad Village Dr. Carlsbad. CA 92008 (Department) (Address) By: Court Concents. Inc. (Namrfof Conwactor) (Sign Here) (E-mail Address) (Sign Here) 747624 (Contractor's License Number) 0 ~ ***** iQ* (Print Name and Title) (Print Name and Title) Department Head date (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONAL , City Attorney 3 ~Revised 9/28/00 RESURFACING: A. Application on Concrete Surfaces. B. Scope of Work- the scope of work consists of furnishing specified materials, all labor, equipment, and services necessary for and reasonably incidental to the color coating of Concrete tennis courts in accordance with the following specifications. C. The approved acrylic surfacing material shall be Laykold Color Coatings and Laykold White Line Marking Paint. 1. Remove existing surface on court by Hydroblasting. 2. Clean and fill cracks with court patch binder. 3. Application of the Laykold Acrylic Surface System. D. Dilution rates for Laykold Acrylics. 1. Laykold Acrylic for sanded coats should be diluted with clean fresh water at a rate of 15 gallons of water to 30 gallons of Acrylic and mixed with 200 pounds of 60 mesh sand for the first sand coat and 90 mesh sand for the second coat. 2. Laykold Acrylic for the unsanded finish coat should be diluted with clean fresh water at a rate of 30 gallons of water to 30 gallons of Acrylic. 3. Laykold Acrylic to be mixed thoroughly with a mechanical mixer so the material is of uniform consistency. Care to be taken so as not to over mix the material and cause foaming. E. Application of Laykold Acrylic 1. Over the prepared stripped court apply one (1) coat of Ty-Coat epoxy primer to provide a sure bond to the concrete surface. 2. Over the primer coat apply one (1) coat of 60 mesh sanded acrylic resurfacer using a flexible rubber squeegee per manufacturer's specifications. 3. Over the 60 mesh coat apply two coats of 90 mesh sanded Laykold using a flexible rubber squeegee. The applica- tion shall be made in each of the interior and exterior colors respectively. 4. White lines shall be located and marked for basketball as existing. Laykold White Line Marking Paint shall be used in accordance with the manufacturer's specifications. Limitations No materials shall be applied if the surface temperature is below 50 degrees F., in excess of 140 degrees F., or when rain or when rain or high humidity is imminent. TOTAL CONTRACT PRICE: $4,995.00 FOUR THOUSAND NINE HUNDRED NINETY FIVE DOLLARS OPTION#1-AdditionalFiller Coats Acrylic Resurfacer: ADD $500.00 PER COAT (addit filler coats may be required & recommended upon completion of stripping or extensive repair) Laykold Acrylic Coatings Laykold Acrylic Coatings are colored acrylic emulsion coatings formulated with light fast pigments and wear and abrasion resistant mineral fillers. They have been specially formulated to mix with silica sand for coating concrete and concrete surfaces such as tennis courts. The Laykold Acrylic coating becomes an integral part of the surface, exhibiting maximum adhesion, in depth color and excellent wearing characteristics. The acrylic binder is flexible enough to give a little and tough enough to take a lot. It is a breathing type of surface which allows vapors to escape from beneath the surface. The Laykold Acrylic coating reduces surface temperatures, will not stain balls and gives increased player footing when mixed with the proper size and gradation of sand. The texture of the coating of the speed of play can be controlled by the selection of the size of silica sand and the amount used in making the mix. The use of 90 mesh sand gives a faster play surface and 60 mesh sand gives a slower speed surface. Laykold Acrylic Coatings are available in several standard colors, and special colors are available upon request. Please consult the enclosed color charts for samples. For a surface prepared according to the application guide: For two sanded coats: 55 to 60 gallons of material, plus required sand and water. For one finish coat: 20 to 25 gallons of material, plus required water. These quantities are approximate and may vary depending on surface texture and temperature conditions. Maintenance 1. Although the acrylic surfacing material dries to the touch within 2 to 4 hours depending on weather conditions the acrylic does not cure for at least 24 hours. It is therefore recommended that the court not be used for at least 24 hours. 2. Allow at least 72 hours before washing the court. 3. It is highly recommended that a "waterbroom" be used for washing the acrylic surface of your court. 4. We recommend courts to be washed with a "waterbroom: at least once a week, depending on the amount of play and amount of surface dirt the court gathers. 5. The acrylic surface of your tennis court was designed for tennis. Skateboards, bicycles, hard sole shoes and knobbed sole running shoes should NOT be used. 6. We recommend the use of a "Roll-dri" to remove any possible standing water on the court. This will eliminate any white alkali stains on the acrylic surface. 7. If a court should get stained with Coca Cola or any other foreign substance please call for detailed instructions. 8. We will furnish you with a quart of acrylic surfacing material for any touch up you may have as a result of racquet knicks. 9. We will also instruct your maintenance people on the care, maintenance and touch up of your court.