HomeMy WebLinkAboutBSN Sports LLC; 2016-10-14; PKRC585Tracking#:
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
BASEBALL BACKSTOP INSTALLATION; CONT. NO. PKRC585
This agreement is made on the /tit/1 day otGbfc:bo.A...c , 20./J,Q, by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and BSN Sports, llC whose
principal place of business is 1180-A California Avenue, COrona, CA 92881 {hereinafter called
"Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict,
this Contract will supersede terms and conditions in the Contractor's proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
WARRANTY. Contractor warranties all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by: Kyle lancaster
(City Project Manager)
WAGE RATES. 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 Sections 1770,
1773 and 1773.1 of the labor Code. Pursuant to Section 1773.2 of the labor Code, a current copy of the
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 execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer Is the City's "duly authorized officer'' for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A cbntractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which
generally requires keeping accurate payroll records, verifying .,.nd certifying payroll records, and making
them available for inspection. Contractor shaH require any subcontractors to comply with Section 1776.
BASEBALL BACKSTOP
INSTALLATION; CONT. NO. PKRC585 Page 1 of6 City Attorney Approved 212912016
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FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as paJ?t of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation. ·
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where. a person knowingly submits a false claim to a public entity. These
provisions Include false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are Incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and that debanment by another jurisdiction Is grounds for
the City of Carlsbad to disqualify the Coq~cto~r s.ubco;9t~tor from participating in contract bidding.
Signature:/ 'M ~
Print Name: ·Je,, l{fy'l(£ ffi. :Be lo ,/lc1 fttij£Unt I
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers'
Compensation Insurance indicating coverage in a fonm approved by the California Insurance Commission.
The certificates shall indicate coverage during the period of the contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted
insurers that have a current Besfs 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
lnst,Jrance Commissioners (NAIC) latest quarterly listings report.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than ........ $1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
....... $1,000,000
Property damage insurance in an amount of not less than ........ $1,000,000
Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offslte, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall
be given to the City prior to such cancellation.
The policies shall name ttie 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.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this. ·
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and Indemnify and
hold harmless the City, and its 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
BASEBALL BACKSTOP
INSTALLATION; CONT. NO. PKRC585 Page 2 of6 City Attorney Approved 2/29/2016
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of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable
law, rules or regulations including those related to safety and health; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the Contract, except for Joss or damage caused by the sole or active.
negligence or willful misconduct of the City. The expenses of defense include all costs and expenses
including attorneys' fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. 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.
Start Work:: Contractor agrees to start within 30 working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within 60 working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
BSN Sports, LLC
(name of Contractor}
1014517
(Contractor's license number)
C-61/D-34, 5/31/2018
---(::-:-lic_e.;::.n..:se_:c:.;;lass. and exp. date)
II
II
If
II
If
II
II
II
II
II
II
II
II
II
100004433
(DIR registration number)
6/30/2017
(DIR registration exp. date)
BASEBALL BACKSTOP
INSTALLATION; CONT. NO. PKRC585 Page 3 of6
1180-A California Avenue
(str~et address)
Corona, CA 92881
(city/state/zip)
760-729-0727
{telephone no.)
1-800-986-6275
(fax no.)
pault@tomark.com
(e-mail address}
City Attorney Approved 212912016
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AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CONTRACTOR
By:~
(sign here)
M . a..),'ll.r.. P~iJ.J
(print name/titleY
CITY OF CARLSBAD, a municipal corporation
of the State of Ca "fornia
By:
.L...>"!__. •• ,er, Deputy City Manager
or Department Director
as authorized by the Clty Manager
r "fl"EST: /) -~AO. K11l.JJ1~~;-tre__
BARBARA ENGLESON
City Clerk
If reqL!irQd by City, proper notarial acknowledgment qf execution by Contractor must be attached. J.U!
Q.Qlporattor., Agreement must be signed by one corporate officer from each of the following two groups:
Group A
ChalrmanL
President, or
Vice-President
Group B
Secretary, /
Assistant Secretary, V"'
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
r.orporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A BREWER, City Attorney
BY:~
:l}~; City Attorney
BASEBALL BACKSTOP
INSTALLATION; CONT. NO. PKRC585 Page4of6 City Attorney Approved 2/29/2016
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total
bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to Business Name and Address
be Subcontracted
~/
Total % Subcontracted: ______ _
BASEBALL BACKSTOP
INSTALLATION; CONT. NO. PKRC585 Page 5 of6
DIR Registration
No.
License No., %of
Classification & Total
Expiration Date Contract
City Attorney Approved 2/29/2016
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EXHIBIT B
SCOPE OF SERVICES
BSN Sports, LLC will provide, assemble and install a permanent baseball backstop with hood at Cannon
Park. All work shall be performed in accordance with the attached backstop spec sheet and Contractor's
proposal dated July 14, 2016.
ITEM• UNIT QTY DESCRIPTION
NO.
1 Installation
2 Materials:
• Junior Backstop 1 024-4C-PCVM
• Sales Tax
• Freight
*Includes taxes, fees, expenses and all other costs.
BASEBALL BACKSTOP
INSTALLATION; CONT. NO. PKRC585 Page 6 of6
PRICE
$5,750.00
$5,750.00
$460.00
$450.00
TOTAL* $12,410.00
City Attorney Approved 2/29/2016
11 BO-A California Avenue Corona, CA 92881
Tel: 1-8()()..959-1844 Fax: 1-8()()..986-6275
Vistl us at www.bsnsports.oom
Contact Your Rep
Paul Truxaw Email:ptruxaw@bsnsports.com 1 Phone:1-800-959-1844
Sold to
1038216
CITY OF CARLSBAD
Rodney Nishimoto
1635 FARADAY AVE
CARLSBAD CA 92008-7314
Item Description
Ship To
2955729
CANNON PARK
CARLSBAD BLVD/CANNON ROAD
CARLSBAD CA 92008
USA
SERVICE NOT AX-INSTALL -BASEBALL BACKSTO
Item#-SERVICE_NOTAX
# 1 024-4C-PCVM JUNIOR BACKSTOP Item #-NSPHG
Quote Requested By
Name Rodney Nishimoto
Tel 760-802-4568
From Paul Truxaw 760-729-0727 pault@tomark.com
rodney.nlshimoto@carlsbadca.gov
NOTE:
1.3% COST WILL BE ADDED TO QUOTE IF BONDS ARE REQUIRED.
Quote
Quote#: 20827034
Purchase Order#:
cart Name:
Quote Date: 07/14/2016
Quote Valid-to: 08/14/2016
Payment Terms: NT30
Ship Via:
Ordered By: RODNEY NISHIMOTO
Payer
1038216
CITY OF CARLSBAD
1635 FARADAY AVE
CARLSBAD CA 92008-7314
USA
Unit Price
1 EA $ 5,750.00
1 EA $ 5,750.00
Subtotal:
Other:
Freight:
Sales Tax:
Order Total:
Payment/Credit Applied:
Order Total:
Total
$ 5,750.00
$ 5,750.00
$11,500.00
$0.00
$450.00
$460.00
$12,410.00
$0.00
$12,410.00
Check your order at www.bsnsports.com/?&ProgramiD=20827034&zip=92008
~
BSNSPORTS-
LABOR:
ASSEMBLE ONE (1) EACH NEW PERMANENT BASEBALL BACKSTOP WITH HOOD IN A LOCATION DESIGNATED BY
THE CUSTOMER.
* 3 PANELS & HOOD , 24' WIDTH
*FRAME TO BE SANDBLASTED, ALKALINE &
PHOSPHATE WASHED AND PREPED AND FINISHED
WITH BLACK POWDERED COATED FINISH
* FABRIC MESH TO BE BLACK "BONDED" 9 GA. ,CORE
W/ 8 GA. FINISH * ALL MESH ATIACHMENT FITIINGS ARE BLACK
POLYESTER COATED
* VINYL SPRAY PAINT PROVIDED FOR TOUCH UP
AND TO COVER NUTS AND BOLTS
NOTE:
TOMARK SPORTS EXEROSES DUE DILIGENCE DURING THE EXCAVATION PROCESS BUT ANY DAMAGE TO
UNDERGROUND UTILITIES WILL BE THE RESPONSIBILITY OF THE CUSTOMER. ALL EXCESS DIRT WILL BE LEFT ON /
SITE AT A LOCATION DESIGNATED BY THE CUSTOMER.
NOTE:
QUOTE IS A PREVAILING WAGE RATE.
NOTE:
CUSTOMER TO REMOVE THE EXISTING BACKSTOP AND FOOTINGS.
Athletic & Recreational Equipment Specialists
Post Office Box 1088 • Corona, CD 92878
Ph 951.371.1844 . • 800.959.1844 • f(J)( 951.278.9976
Contractor's Lie. #842972
WWW. BSNSPORTS.COM