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ITEM 3.9 Repair of Athletic courts4 ly Otseoo MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Parks and Recreation Department Parks & Recreation Director Demant April 24, 2017 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda City Administrator Flaherty 3.9 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends approval of the quote from Surface Pro LLC in the amount of $9,410 for the repair of athletic courts at Prairie Park, School Knoll Park, and Lily Pond Park. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: Staff has identified $10,000 for court surface repair in the City Council approved 2017 Parks and Recreation Budget. Annually, staff inspects all of the athletic courts to determine what, if any, repairs or maintenance is required. Once a priority list of repairs and maintenance was established, staff contacted two court surface repair contractors and provided had them supply quotes for all of the athletic court repairs that were identified. Staff then reviewed the quotes and prioritized the repairs based on the severity of the maintenance required and the available funding. Staff has identified the basketball court at Prairie Park for a complete resurface repair, tennis court at School Knoll Park for crack repair, and the tennis court at Lily Pond Park for crack repair. Crack repairs are included with a complete resurface which is the case at the Prairie Park Basketball Court. SUPPORTING DOCUMENTS: ATTACHED X NONE • Surface Pro LLC Quote • C & H Sport Surfaces, Inc. Quote POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve the quote from Surface Pro LLC in the amount of $9,410 for the repair of athletic courts at Prairie Park, School Knoll Park, and Lily Pond Park. BUDGET INFORMATION FUNDING: BUDGETED: X YES 101-45200-210 ❑ NO PROPOSAL 3731 Thurston Ave Suite 103 Anoka MN 55303 612-245-0750 www.surfacepromn.com Proposal Date: 4/10/2017 Proposal Submitted To: Proposal Submitted To: City of Otsego RossDemant RDEMANT@CI.OTSEGO.MN.US Lily Pond Park 1 Tennis and 1 Basketball Court 9990 101s' NE • Power clean and power wash the entire area • Repair surface cracks • Apply one coat of black acrylic court resurfaces. • Apply two coats of acrylic tennis court paint with sand. Repaint white lines for shooting key and lanes Total for resurfacing basketball court blue with white lines. Price includes all materials and labor $6,800.00 Initial for acceptance Total for repairing 245' cracks on the tennis court. Price includes all materials and labor $735.00 Initial for acceptance School Knoll Park 2 Tennis and 2 FULL Basketball Court 15501 - 83rd Street NE • Power clean and power wash the entire area • Repair surface cracks • Apply one coat of black acrylic court resurfacer. • Apply two coats of acrylic tennis court paint with sand. Repaint white lines for shooting keys and lanes There is two full basketball courts Total for resurfacing two side by side basketball courts blue with white lines. Price includes all materials and labor $12,400.00 Initial for acceptance Total for repairing 626' cracks on the tennis court. Price includes all materials and labor $1,875.00 Initial for acceptance Prairie Park 13350 901" street Ave • Power clean and power wash the entire area • Repair surface cracks • Apply one coat of black acrylic court resurfacer. • Apply two coats of acrylic tennis court paint with sand. Repaint white lines for shooting key and lanes Total for resurfacing 1 basketball court blue with white lines. Price includes all materials and labor $6,800.00 Initial for acceptance Beaudry Medows 11313 77r' Street NE • Power clean and power wash the entire area • Power wash entire courts (water will need to be provided on site by city) • Repair surface cracks • Apply one coat of black acrylic court resurfacer. • Apply two coats of acrylic tennis court paint with sand. • Line court to U.S.T.A specification. Total for resurfacing 2 tennis courts dark green with white lines. Price includes all materials and labor $12,400.00 Initial for acceptance Total for entire project list above $ 41,010.00 Payment information Payment of 50% at start project (To be received by Surface Pro LLC before starting project) Final payment of 50% upon completion. Warranty and Notes: 1. Crack -filling does not imply crack elimination. Hairline cracks will reappear. This is normal, it is called reflection. 2. Surface Pro LLC is Not responsible for existing grades and drainage or compacting existing base. 3. Cracks if not patched will continue to expand over a period of time and conventional repair methods may become unavailable. 4. Surface Pro LLC is not responsible for cracks returning after repair. 5. A monthly finance charge of 2% will be added to any payments past due. *This estimate is based solely on the contractor's observations at the time of entering into this contract. If additional concealed conditions are discovered once the work has commenced, which were not visible at the time of entering into this contract, Contractor will identify the unforeseen conditions and notify the Customer of any additional costs, if any. *Customer agrees to pay for all unexpected or unanticipated extra costs, including but not limited to, soil corrections, protection of the project from weather conditions and all other similar costs. Customer will be responsible for all additional costs and time for work due to concealed conditions. Such conditions may also extend the time for completion of the work under this contract. "Estimate does not include any allowance for hazardous waste removal. All hazardous waste removal will be treated as an unforeseen condition. *The construction site will be a dangerous area. Customer waives all claims against builder for injuries or damages that customer or any member of customers family, friends, or guests may suffer while on or around the property during construction due to these and other hazards, *All unforeseen conditions will be treated on a time and materials basis at the rate of $65.00/ hour plus materials. - We will remove all waste generated from our work. - Contractor is not responsible for pets not properly restrained leaving the property. -Direct contact with your job supervisor will be available to you at all times should you have any questions or concerns. All material is guaranteed to be as specified, and the above work to be performed in a substantial workmanlike manner with payments made as follows. Pre -Lien Notice a. Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. b. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. Respectfully submitted Mike Langmade This proposal may be withdrawn by us if not accepted within 30 days. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order (minimum change order cost is $100.00), and will become an extra charge over and above the proposal price. All agreements are contingent upon accidents, or delays beyond our control. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 24th day of April, 2017, between the CITY OF OTSEGO, a political subdivision ("CITY") and Surface Pro ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: Preform court resurfacing services Lily Pond Park, School Knoll Park, and Prairie Park for the City of Otsego in the amount of $9,410. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the Surface Pro proposal dated April 10, 2017. 2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to performance, comply with all applicable rules, regulations, statutes or ordinances of any other unit or agency of government, including but not limited to those relating to non- discrimination in hiring or labor practices, payment of all required withholding taxes, workers' compensation and unemployment compensation insurance, liability insurance, OSHA or other safety rules and regulations, construction practices, environmental practices, wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal practices, and notices to employees, whether or not such rules, regulations, statutes or ordinances are set forth or adopted by reference in the Submission Requirements herein. Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any subcontractor hired by CONTRACTOR under this project within 10 days after CONTRACTOR receives payment from CITY for work for which CONTRACTOR is liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by CONTRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of enforcement, be considered a third -party beneficiary of this contract. However, nothing in this contract shall be deemed to impose upon CITY any duty to monitor, enforce or otherwise become involved in payments from CONTRACTOR to any subcontractor. 3. Indemnification. CONTRACTOR shall indemnify and save harmless CITY from any liability arising out of CONTRACTOTs failure to observe compliance with Paragraph 2 above, specifically including, without limitation, liability arising out of the improper disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used by CONTRACTOR for such disposal. 4. "Warranty of Workmanship Products and Timely Completion. In addition to any warranty which might be part of the Plans and Specifications/Proposal, CONTRACTOR warrants that all work completed in connection with the PROJECT shall be done in a workmanlike and timely manner and in accord with applicable industry standards and that all chemicals and other products utilized by CONTRACTOR will be chosen for their effectiveness for the purpose used. CONTRACTOR specifically warrants that all chemical applications it makes will be effective in controlling weeds and unwanted growth and promoting healthy lawn growth. Where materials are being furnished by CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and suited for the purpose for which they are intended." 5. Compliance with Statutory Requirements A. Data Practices Compliance: Contractor may have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirement of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. B. Worker's Compensation Contractor shall, at the time of execution of this contract, furnish evidence satisfactory to the City that Contractor maintains or is exempt from maintaining Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182. C. Income Tax Withholding Prior to the time of final payment of any amounts owing to Contractor under this agreement, Contractor shall furnish a copy of Form IC -134, certified by the Minnesota Department of Revenue, documenting that all withholding tax requirements have been observed by Contractor. D. Audit Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of Contractor which are relevant to the services being performed under this Contract shall be subject to inspection in accord with said statute, for a period of six years from the date of final payment hereunder. 4. Performance and Payment Security (Check One) X Contractor is not required to post any performance and payment security as a condition of this Contract by reason of the fact that the contract amount is for less than $75,000.00, and City is not requiring performance security. Contractor is required to post performance and payment security acceptable to the City, even though the contract price is less than $75,000.00. Contractor is required to post performance and payment security because the contract price is more than $75,000.00. Note: Regardless of which option above is checked, ifperformance and payment security is required, the security shall meet that standards outlined in Minnesota Statutes Chapter 574.26. 5. Notices Any notice which is or should be required to be given to CONTRACTOR shall be sufficient if addressed as follows, and deposited, postage prepaid, in the regular United States Mail. Notice shall be deemed to have been received on the third business day following the postmark: Surface Pro 3731 Thurston Ave. Suite 101 Anoka MN, 55303 6. Termination Either party may terminate this agreement on 30 days written notice to the other. 7. Pa ent City shall remit to Contractor the amounts billed for services assuming that Contractor has fully complied with all of the terms of this agreement, completing the project in a timely and compliant manner. IN WITNESS WHEREOF, the parties have executed this Agreement the date above written. CITY OF OTSEGO CONTRACTOR By By Mayor Its C City Clerk C & H Sport Surfaces, Inc. Since 1970 TIM CARLSON 2312 SEURER ST. NEW MARKET, MN 55054 PHONE: 952-461-56783 FAX: 952-461-5679 Onnliry andDependability April 17, 2017 Ross Demant, Parks and Recreation Director City of Otsego 13400 901h St. NE Otsego, MN 55330 Email: rdemant@ci.otsego.mn.us RE: TENNIS COURT AND BASKETBALL COURT REPAIR/RESURFACING Ross, Thank you for contacting C & H Sport Surfaces, Inc. regarding your tennis court facility. We have been in the tennis court, running track and basketball court industry for over 45 years and we pride ourselves on quality workmanship and dependable service. C & H Sport Surfaces, Inc. is a member of the BBB, USTA and MASMS. STANDARD 4 COAT RESURFACING PROCESS TO INCLUDE: • Power spray/hydro-wash entire court surface of loose materials, dirt and debris that have accumulated over the years. • Scrape and high pressure blow entire court surface of loose materials down to a solid substrate. • Patch and blend low areas of depth "bird baths" >1/8", after 2 hours of sun, using acrylic patch mix according to manufacturer's specifications. • Clean, sterilize, fill and blend cracks to surface using acrylic crack filler according to manufacturer's specifications. Apply 2, black, sand fortified, 100% acrylic filler coat over the entire court surface according to the manufacture's specifications. • Apply 2, textured acrylic color coats over the entire playing surface according to the manufacturer's specifications. Colors for 2 tennis courts: light green and dark green. Colors for 3 basketball courts: blue • Upon curing, apply 2" regulation, white tennis court playing lines and 2" regulation, white basketball lines. Cost to complete this project for 2 tennis courts (approx. 1600 SY) at Beaudry Meadows Park...................................................................................$8,500.00 Cost to complete this project for 1 basketball court (approx. 800 SY) at Lily Pond Park.................................................................................................$7,850.00 Cost to complete this project for 2 basketball court (approx. 1,600 SY) at School Knoll Park.....................................................................................$13,950.00 * A pressured water source will be needed near project location * 1 year manufacturer's warranty for tennis courts only. * All sprinklers near project location need to be turned off. * Use of SportMaster Surface Products CRACK REPAIR PROCESS TO INCLUDE THE FOLLOWING: • Clean cracks of loose materials, weeds, dirt and debris. • Scrape edges of cracks. • High pressure blow entire court surface. • Fill and blend cracks to surface using a pre -colored elastomeric crack filler, this will allow for some movement. Color to be all dark green. • Retouch white lines where crossed by repairs. Totalcost to complete this project for 1 tennis court at Lily Pond Park.............................................................................................................................$595.00 Totalcost to complete this project for 2 tennis courts at School Knoll Park...................................................................................................................$1,650.00 *Sprinklers near project site need to be turned off. * No Warranty. Cracks will reappear. *A water source will be needed at project site. *Use of SportMaster Products. ®TENNIS COURTS ® PICKLE BALL COURTS e RUNNING TRACKS a BASKETBALL COURTS + SNOWPLOWING a 10 U LINES a 0 email: chsportsurfaces@rrrchsi.com 0 wwwchsportsurfaces.com . Since 1970 TIM CARLSON 2312 SEURER ST. NEW MARKET, MN 55054 PHONE: 952-461-5678 FAX: 952-461-5679 BEAUDRY MEADOWS PARK RESURFACING OF 2 TENNIS COURTS LILY POND PARK RESURFACING OF 1 BASKETBALL COURT SCHOOL KNOLL PARK RESURFACING OF 1 BASKETBALL Court Quality and Dependability LILY POND CRACK REPAIR FOR 1 TENNIS COURT SCHOOL KNOLL PARK CRACK REPAIR OF 2 TENNIS COURTS C & H Sport Surfaces, Inc. is fully bonded and insured for your project, and will issue a certificate of insurance upon request. If you have any further questions, please contact Tim at 952-461-5678. Thank you, Tim S. Carlson C & H Sport Surfaces, Inc. Acceptance of Proposal: The above prices and specifications are satisfactory and are hereby accepted. You are authorized to do the work as specified above. Payment is to be made within 30 days of project completion date. An interest rate of 18% will be added to all accounts that exceed the 30 day project completion date. Any collection fees due to nonpayment are to be paid by the customer. Cracks are not a warranty item. Upon acceptance, the surface may be played on. Date: / / Authorized Signature: A signed contract or POp is required to schedule this project. I have read and understand the Terms and Conditions of this contract. Pg 3 NOTE: We reserve the right to withdraw this proposal if not accepted within 15 says. ®TENNIS COURTS a PICKLE BALL COURTS a RUNNING TRACKS e BASKETBALL COURTS a SNOWPLOWING 010 U LINES a a email chsl.)ortsurfaces@n7chsi.coirt a wive-v.chsportsurfaces.com C & H SPORT SURFACES, INC. TERMS AND CONDITIONS: 1) PRICING: The prices set forth herein are based upon current prices and may be subject to change. 2) CHANGE ORDERS: An additional charge may be made to purchases for any material or labor additional to that specified herein necessary to make a complete installation in a workmanlike manner. 3) SITE CONDITIONS: Obstructions that may interfere with the installation shall be moved by Purchaser prior to commencing work. This contract does not contemplate the encountering of rock, swampy conditions, or boulders, etc. Should any of these conditions be encountered, Purchaser shall pay the actual cost of the additional work caused thereby, unless stated in this proposal. 4) JOB DELAYS: When work is started by C & H Sport Surfaces, Inc. under this contract, work may be continued to completion without interruption, including, without limitations, interruptions caused by other contractors or changes in the plans of the Purchaser. In the event that C & H Sport Surfaces, Inc. is required to withdraw from work after starting, Purchaser agrees to pay charges covering the actual expensed incurred. It is understood that when C & H Sport Surfaces, Inc.'s crew reports to the job site, this constitutes starting work. C & H Sport Surfaces, Inc. shall not be responsible for delays, defaults or damages occasioned by any causes beyond C & H Sport Surfaces, Inc: s control, including, without limitations, governmental actions or orders, embargoes, strikes, lock -outs, fires and weather. 5) UNDERGROUND OBSTRUCTIONS: Before work is started, Purchaser may be required to furnish C & H Sport Surfaces, Inc. with the location and character of any underground wire, pipes, sewers, conduits, obstructions, conditions, or restrictions of any nature which might interfere with or be damaged by C & H Sport Surfaces, Inc. in the course of the work or which might be the cause of injuries, or other damages. If the Purchaser fails to do so, or if any of the aforesaid are omitted from the information furnished to C & H Sport Surfaces, Inc., the Purchaser agrees to release, indemnify, hold harmless and defend C & H Sport Surfaces, Inc. from and against any and all liability, loss damages, fines and expenses caused thereby or from any claims, demands, or suits base thereon. 6) WARRANTY: (If included in proposal) All materials used hereunder are guaranteed for a period of one year from manufacturer's defects and in the event of any material failure, it will be repaired at labor costs only. The products used are guaranteed with respect to uniformity and quality. This warranty does not cover any form of surface cracking. In no event shall C & H Sport Surfaces, Inc. be liable for any consequential damages. There are no warranties which extend beyond the description of the face hereof, unless stated in the proposal. 7) PATCHING: of Low areas may not completely eliminate the ponding of water when resurfacing of old tennis courts. 8) MEASUREMENTS: refer to surface coatings are based on asphalt dimensions inside from fence to fence. Additional asphalt on the outside the fence is not included and may be colored at additional costs. 9) BUILDING PERMITS: Permits if needed, including the payment of fees therefore shall be the sole responsibility of Purchaser. 10) BONDS ADDITIONAL INSUREDS AND CERTIFICATES OF INSURANCE: will be issued upon request, at additional costs if necessary. 11) WATER SOURCE: Access to a pressured water source is required near project location at no cost to the contractor. Sprinkler systems near project location must be turned off. 12) THIS CONTRACT: does not include prevailing wages unless "noted" on page 1 of contract. 13) PAYMENT: Payment shall be net cash upon receipt of invoice with 18% annual interest charges on accounts past 30 days. All accounts are payable in United State funds, free of exchange, collection or other charges. C & H Sport Surfaces, Inc. reserves the right to lien the owner of the property if timely payment is not received. Should the buyer default in its obligation herein, the buyer shall, in addition to other obligations herein, be liable to C & H Sport Surfaces, Inc, for all costs of collection including reasonable attorney's fees. 14) THE PURCHASER: shall provide and maintain necessary fences, temporary enclosures and barricades to adequately protect the project from persons and animals not involved with the contracted work, unless stated in the proposal. 15) SALE TERMS: The above and foregoing terms and conditions are the final expression of the terms and conditions of this contract, and are intended as a complete and exhaustive statement of the agreement. Modifications or change shall only be permitted by a signed writing between the Purchaser and C & H Sport Surfaces, Inc. This contract shall not be assigned by Purchaser, in whole or in part, without the written consent of C & H Sport Surfaces, Inc. and shall be binding upon the successors, administrators, executors or assigns of the parties hereto. Waiver of any default shall not be considered as a waiver of any subsequent default. No conditions, terms, agreements, or stipulations other than those stated Herein shall be binding on C & H Sport Surfaces, Inc. 16) LAW: This contract is subject to all applicable laws, regulations and ordinances of any federal, state or local governmental authority or agency. INITIAL AND RETURN COPY WITH SIGNED CONTRACT.