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HomeMy WebLinkAboutBSN Sports LLC dba Tomark Sports; 2019-01-02; PKRC677Tracking#:. CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT REPLACEMENT OF BAmNG CAGE NETTING AT CALAVERA HILLS COMMUNITY PARK CONTRACT PKRC677 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 batting cage netting at Calavera Hills Community Park, per the Contractor's proposal dated August 27, 2018, and City specifications, for a sum not to exceed three thousand two hundred seven dollars and nineteen cents ($3,207.19). This work is to be completed within forty-five calendar days after issuance of a Purchase Order. ADDmQNAL 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 C&llfomla'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, CsHfomla 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 ConlraciDr ITl8!' be subject k> civi~ for the filing of false claims as set for1h in the Cal-la False Claims Act,~t Code n 12650, .fil.HQ., and Carlsbad Municipal Code Sections 3.32.025, ~-~ init init 6. The Contractor hereby acknowledges that debarment by another jurisd~nds for~~ of Carlsbad to disqualify the Contractor from participating in contract biddi. -~ 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 BATTING CAGE NETTING AT CAI.AVERA HILLS COMMUNITY PARK CONTRACT PKRC8TT - 1 -City Attorney Approved 2/29/2018 Tracking#: 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as detennined by the Director of Industrial Relations pursuant to the Section 1 no, 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 subcontractors to comply with Section 1776. 9. City Contact Tim Selke. 760:434-2857 Contractor Contact: Paul Trt8ffWl1, 189129 ffi7 LEE DONOVAN ASST SECRETARY 951 3711844 CONTRACTOR 14460 Varsity Brands Way Fanners Branch, TX 75244 &L~---(slgn here) Lee Donovan Asst Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Dated: o/ -oz• t9 (Proper notarial acknowledgment of execution by Contractor must be attached. Chainnan, 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 offlcer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: REPLACEMENT OF BATTING CAGE NETTING AT CALAVERA HILLS COMMUNITY PARK CONTRACT PKRC677 - 2 -City Attorney Approved 2/29/2016 Contact Your Rep Paul Truxaw Emalt.ptrwcllw9b9n9p0r1s.com I Phone:1-IIJ0.859..1144 Sold to Ship To 1931881 1931881 CALAVERA HIU.S PARK CAI.AVERA HILLS PARK ROONEY Nishimoto 'B97 GLASGOW DRIVE 2997 Gl.ASGOW DRIVE CARLSBAD CA 92009 CARLSBAD CA 92009 USA SERVICE NOTAX-INSTALL-BATTING CAGE NET Item t -SERVICE_NOTAX 9' 6" H X 14' 6" W X 49' L BATTING CAGE Item•-NSPHG Quoa~tedBy NlmtRoclnef Nllhlmoll> Tel 780-802-4118 Frum Paul TruxawTN-729-0727 ~ rodney.nlshlmotoOcarl•badca..,v LABOR: REMOVE THE £XIST1N8 BAlTING CAGE Nl:T AND DISPOSE OF. INSTALL NEW 9' 8" HIGH X 1,• 1•W1DE X•LONG MJ.YROPE BOUNDl31 NYLON BATTING CAGE NET IN 1lE SAME LOCATION. NOTE: QUOTE IS A Plq:VAIUNG WAGE RATE. Quote Quale 1': 21031IIIO Purchase Ordert CartNane: Quote DIii: Oll/27/2018 Quote VadllMo: 08/27/2018 Payment Tanna: NTOO SlllpVla: OnllNd By: RODNEYNISHMOTO Payer 1931881 CAI.AVERA HILLS PARK 2997 GlASGCNV DRIVE CARLSBAD CA 92009 USA 1 EA $ 1,895.00 1"1:A $ 1,126.00 Subtotal: Other: Freight: Sales Tax: Order Total: Payment/Cr9dl Applied: Order Total: Tollll S 1,805.00 $ 1,125.00 $3,020.00 $0.00 $100.00 $87.19 $3,207.19 SO.OD $3,207.19 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 09/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 MARSH USA INC. NAME: PHONE I FAX SALESFORCE TOWER 'Alt' IJ-C-6\-IA/C Nol: 111 MONUMENT CIRCLE, SUITE 4300 E-MAIL ADDRESS: INDIANAPOLIS, IN 46204-2492 INSURER(S) AFFORDING COVERAGE NAIC# CN101923697-BSN-GAWX-18-19 INSURER A : James River Insurance Company 12203 INSURED INSURER B : Travelers Indemnity Co Of CT 25682 BSN Sports, LLC dba: N/A Tomark Sports, Kesslers Team Sports, Dixie Sporting Goods, INSURER C : NIA The Athletic Connection, Passon's Sports and U.S. Games INSURER D: Travelers Indemnity Company 25658 14460 Varsity Brands Way 25674 Farmers Branch, TX 75244 INSURER E : Travelers Propertv Casualtv Company of America INSURER F: COVERAGES CERTIFICATE NUMBER· CHl-009113487-02 REVISION NUMBER: 8 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 ,u.,n =•n POLICY NUMBER IMM/DD/YYYY\ IMM/OO/YYYY\ A X COMMERCIAL GENERAL LIABILITY 000678244 07/30/2018 07/30/2019 EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE 0 OCCUR SIR: 50,000 Occ/500,000 Agg DAMAGE TO RENTED PREMISES /Ea occurrence I $ 50,000 X CONTRACTUAL LIABILITY MED EXP (Any one person) $ -PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 F9 □PRO-□LOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ / B AUTOMOBILE LIABILITY 810-3D667574-TCT-18 07/30/2018 07/30/2019 COMBINED SINGLE LIMIT IEa accident\ $ 1,000,000 -X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY ~ AUTOS HIRED NON-OWNED iP~?~;,~J.;,;,1~AMAGE $ -AUTOS ONLY ~ AUTOS ONLY $ I: X UMBRELLA LIAB MOCCUR ZUP41 M9907718NF (Excess AUEL) 07/30/2018 07/30/2019 EACH OCCURRENCE $ 10,000,000 -SIR: $10,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 / A OED I I RETENTION$ 000633414 (Excess GL) 07/30/2018 07/30/2019 $ D WORKERS COMPENSATION YVYCK-UB-5010X159-18 (AOS) 07/JU/LU18 07/30/2019 X I ~ffTUTE I I OTH-ER E AND EMPLOYERS" LIABILITY Y/N Y J-UB-4H707138-18 (CA) 07/30/2018 07/30/2019 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mora space is required) Re: Replacement of batting cage netting at calavera hills community park; Contract PKRC677 City of Carlsbad is included as additional insured with respect to the above General Liability policy where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 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 v POLICY NUMBER: 00067824-3 and 00067824-4 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 Oraanization(s): Location(s) Of Covered Ooerations Where required by written contract or All operations of the named insureds written agreement Information required to comotete 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 who!e 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. Wlth 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 subcontractor engaged in performing operations for a princi- pal as a part of the same project CG 20100704 © ISO Properties, Inc., 2004 Page 1 of 1 □ POLICY NUMBER: 00067824-3 and 00067824-4 COMMERCIAL GENERAL LIABILITY CG 2037 07 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 oraanlzation(s): tions Where required by written contract or All operations of the named insureds written agreement Information required to comolete this Schedule if not shown above, will be shown in the Declarations. CG 20 370704 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 whole 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 CJ