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HomeMy WebLinkAboutBSN Sports LLC dba Tomark Sports; 2018-03-15; PKRC653Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT REPLACEMENT OF FOUL BALL NETTING AT ZONE 5 PARK: CONTRACT PKRC653 This letter will serve as an agreement between BSN Sports, LLC, dba Tomark Sports, a limited liability company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to remove and replace foul ball netting at Zone 5 Park, per the Contractor's proposal dated February 2, 2018, attached scope of work, and City specifications, for a sum not to exceed three thousand two hundred twenty-seven dollars and thirty-two cents ($3,227.32). This work is to be completed within thirty 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, officials, employees and volunteers, 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 Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners {NAIC) latest quarterly listings report. 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 may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Go~ment Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. _,~'--'-'--init ___ init 6. The Contractor hereby acknowledges that debarment by another jurisdictio~ounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. init ___ init 7. 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. REPLACEMENT OF FOUL BALL NETTING AT ZONE 5 PARK; CONTRACT PKRC653 --1 ·-City Attorney Approved 2/29/2016 Tracking#: 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontr.actors to comply with Section 1776. 9. City Contact: Tim Selke 760-434-2857 Contractor Contact: Paul Truxaw 760-729-0727 CONTRACTOR 14460 Varsity Brands Way Farmers Branch, TX 75244 760-729-0727 ptruxaw@bsnsports.com By:~ (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: ity r, Deputy City Manager Tu~ M. 4(~ fw,~ (print ntme/title) or Department Director as authorized by the City Manager By: (print name/title) Dated: I .}·/(o ~-{~•It/, Assistant Secretary BSN SPORTS, LLC CHRIS BLOOMFIELD I (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: CELIA A BREWER, City Attorney BY: Deputy City Attorney REPLACEMENT OF FOUL BALL NETTING AT ZONE 5 PARK; CONTRACT PKRC653 --2 •• ~ ( ( :t-~MAi">JA.;""""',..,,~""'.,..,...,.w City Attorney Approved 2/29/2016 Tracking#: EXHIBIT A SCOPE OF WORK BSN Sports, LLC (BSN) will install new rope bound latex treated #36 netting along the fencing on the first base side of the ball field at Zone 5 Park. The netting will be 8' high, 75' long and attached to the existing poles. A new top cable will be installed at the same time. BSN will remove and dispose of existing netting. ITEM DESCRIPTION NO. 1 Installation 2 8' x 75' #36 rope bound latex treated Item # -NSPHG 3 1/4" aircraft cable -150 FT Item # -K65820 4 Freight 5 Sales tax TOTAL Agreement shall not exceed $3,227.32 REPLACEMENT OF FOUL BALL NETTING AT ZONE 5 PARK; CONTRACT PKRC653 •• 3 •• PRICE $2,200.00 $450.00 $225.00 $300.00 $52.32 $3,227.32 City Attorney Approved 2/29/2016 BSNSPORTS' 118()..A Calfomia Avenue Corona, CA 92881 Quote Quote#: 20971000 Purchase Order#: cart Name: Quote Date: 02102/2018 Quote Valid-to: 03/0212018 Payment tenns: NT30 Ship Via: Te!: 1-800-959-1844 Fax: 1-800-986-6275 Visft us al www.bsnsports.com Ordered By: RODNEY NISHIMOTO Contact Your Rep Paul truxaw Email:ptruxaw@bsnsports.com I Phone:1-800-959-1844 Sold to 1931669 Ship To 1931669 Payer 1038216 CITY OF CARLSBAD -ZONE 5 PARK Rodney Nishimoto CAMINO HILLS DR/FARADAY AVE. CARLSBAD CA 92008 CITY OF CARLSBAD -ZONE 5 PARK CAMINO HILLS DR./FARADAY AVE. CARLSBAD CA 92008 CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 USA Item DeS<:rlplion SERVICE NOTAX-INSTALL-NETTING Item# -SERVICE_NOTAX USA 8' X 75' # 36 ROPE BOUND LATEX TREATED Item#. NSPHG 1/4" AIRCRAFT CABLE Item # • K65820 Quote Requested By Name Rodney Nishimoto Tel 760-802-4568 From Paul Truxaw 760-729.0727 pault@tomark.com rodney.nlshimoto@carlsbadca.gov LABOR: REPLACE THE DAMAGED NETTING ALONG THE FIRST BASE SIDE OF THE FIELD. NETTING TO ATTACH TO THE EXISTING POLES AND BACKSTOP NEmNG. REATTACH THE FRONT OF THE HOOD TO CABLE. ADD TOP CABLE WITH CABLED ANGLE SUPPORTS TO POLES. NOTE: QUOTE IS A PREVAILING WAGE RATE. Qty 1 EA 1 EA 150 FT Subtotal: Other: Freight: Sales Tax: Order Total: PaymenUCredit Applied: Order Total: ,.r Check your order at www.bsnsports.comn&Program1D=20971000&zip=92008 Unit Price $ 2,200.00 $ 450.00 $ 1.50 Total $ 2,200.00 $ 450.00 $ 225.00 $2,875.00 $0.00 $300.00 $52.32 $3,227.32 $0.00 $3,227.32 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 03/09/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH USA INC. PHONE I FAX CHASE TOWER >II" 1.1 .... C-t.\. IA/C Nol: 111 MONUMENT CIRCLE, SUITE 4300 E-MAIL INDIANAPOLIS, IN 46204-2492 ADDRESS: INSURERCSl AFFORDING COVERAGE NAIC# 101168-BSN-GAWX-17-18 INSURER A: James River Insurance Comoanv 12203 INSURED INSURER B: Travelers lndemnitv Co Of CT 25682 BSN Sports, LLC dba: 20443 Tomark Sports, Kesslers Team Sports, Dixie Sporting Goods, INSURER c : Continental Casualtv Comoanv The Athletic Connection, Passon's Sports and U.S. Games INSURER D : Travelers lndemnitv Comoanv 25658 1901 Diplomat Drive 25674 Fanmers Branch, TX 75234-8914 INSURER E : Travelers Prooertv Casualtv Comoanv of America INSURER F: COVERAGES CERTIFICATE NUMBER: CHl-008922402-03 REVISION NUMBER: 5 THIS IS TO CERTIFY THAT THE 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 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE ,ucn """n POLICY NUMBER CMM/DD/YYYYl CMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY 000678243 07/30/2017 07/30/2018 EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE 0 OCCUR SIR: 50,000 Occ/500,000 Agg DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 -X CONTRACTUAL LIABILITY MED EXP (Any one person) $ i---------1,000,000 PERSONAL & ADV INJURY $ i--------- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Pl DPRO-DLOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY 810-5010X159-TCT-17 07/30/2017 07/30/2018 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) i---------X ANY AUTO BODILY INJURY (Per person) $ i---------OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY 1--AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ~ AUTOS ONLY 1--AUTOS ONLY (Per acciden0 $ C X UMBRELLA LIAB M OCCUR 6012289331 (Excess AL/EL) 07/30/2017 07/30/2018 EACH OCCURRENCE $ 10,000,000 ~ SIR: $10,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 A DED I I RETENTION $ 00063341-3 (Excess GL) 07/30/2017 07/30/2018 $ D WORKERS COMPENSATION YVYCK-UB-5010X15-9-17 (AOS) U7/JU/LU17 07/30/2018 X I ~ffTUTE I I OTH-ER E AND EMPLOYERS' LIABILITY Y/N YJ-UB-4H70713-8-17 (CA, MT, WI) 07/30/2017 07/30/2018 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under EL DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Alga Norte Park, 6565 Alicante Rd., Carlsbad, CA 92009. City of Carlsbad is included as additional insured (except workers' compensation) where required by written contract. CERTIFICATE HOLDER CANCELLATION Jennifer Marinov Management SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Analyst Parks & Recreation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 799 Pine Avenue, Suite 200 ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008-2428 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee ~~"-"~ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 00067824-3 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orqanization(s): Location(s) Of Covered Operations Where required by written contract or written agreement All operations of the named insureds Information required to complete this Schedule if not shown above, will be shown in the Declarations A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising inJury" caused in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. \J\11th respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily inJury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or suocontractor engaged in performing operations for a princi- pal as a part of the same project CG 201007 04 © ISO Properties, Inc., 2004 Page 1 of 1 CJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL NOTICE OF CANCELLATION TO PARTIES OTHER THAN THE FIRST NAMED INSURED (Limited to email Notification) This endorsement modifies insurance provided under the follov,ing: ALL COVERAGE PARTS In the event we decide to cancel this Policy prior to this Policy's expiration date for reasons other than non-payment of premium: 1. If the first Named Insured is under an existing written contractual obligation to notify the other party if this Policy is cancelled: and 2. If the first Named Insured, either directly or through its broker or agent of record has provided the email address to notify such other party. we will provide notice of cancellation via email to such other party prior to this Policy's cancellation date. Proof of emailing the other party with notice of this Policy being cancelled is sufficient proof of notice. This endorsement does not apply when there are instructions to cancel the policy by a premium finance company, which is a cancellation by the insured. This endorsement does not affect, in any way, coverage under this Policy or the cancellation of this Policy or the effective date of cancellation. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REIIMIN UNCHANGED. AP5057US 01-17 Page 1 of 1 POLICY NUMBER: 00067824-3 COMMERCIAL GENERAL LIABILITY CG 20 3707 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Oraanization<s•: tions \Nhere required by written contract or All operations of the named insureds written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 3707 04 Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whale or in part, by "your work'' at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products-completed operations hazard". © ISO Properties, Inc., 2004 Page 1 of 1 [J