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HomeMy WebLinkAboutBSN Sports LLC; 2017-05-22; PKRC621Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT REPLACEMENT OF BALLFIELD FOUL POLE SCREENS: CONTRACT PKRC621 This letter will serve as an agreement between BSN Sports, LLC, 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 the existing foul pole screens at the Aviara Community Park ballfield, per the Contractor's proposal dated March 7, 2017 and City specifications, for a sum not to exceed four thousand nine hundred ninety dollars and ninety-three cents ($4,990.93). 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 pen ties for the filing of false claims as set forth in the California False Claims Act, Government Codes ro s 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. "J'JJw? init init ""-- 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds fQ[ ~pity of, Carlsbad to disqualify the Contractor from participating in contract bidding. ~ init ~ init t' 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 BALLFIELD FOUL POLE SCREENS CONTRACT PKRC621 --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 subcontractors to comply with Section 1776. 9. City Contact Kyle Lancaster. 760-434-2941 Contractor Contact Paul Truxaw 760-729-0727 CONTRACTOR 1180-A California Avenue Corona, CA 92881 760-729-0727 ptruxaw@bsnsports.com By: (sign here) lf&errt: VYJ, B:zb1lh, &~d~ (print name/title) ~y:~Jl W~V'....eJ.A.~ (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: 1ty a g r, Deputy City Manager or Department Director as authorized by the ·city Manager Dated: Lee..-~ -k ~£-\. 5£.c~~ (print name ltle) (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 !Zk~ BY: .. Deputy City Attorney REPLACEMENT OF BALLFIELD FOUL POLE SCREENS CONTRACT PKRC621 -· 2 -City Attorney Approved 2/29/2016 STATE OF TEXAS COUNTY OF Dallas This instrument was acknowledged before me on May 2, 2017 by Terrence M. Babilla, President, COO and General Counsel ofBSN SPORTS, LLC a Delaware limited liability company, on behalf of s id corporation. ,,, .. ,,, ~'~~'!.!'u.''" VICTORIA A. HORNE ::O·::.A:,:~~ N . :~: .. ~::~: otary Public, State of Texas \.~_.i! ...... ~j Comm. Expires 11-13-2020 -:..,~.Of~!,~ ~'""'''~ Notary 10 126545354 Victoria A. Home My Commission Expires: November 13,2020 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Jic\.V~l ~ On .!5:-~ 17 before me~ L.l.ky:a..\ ~Y itJ'5Ll(!_ " Date Here Insert Name and Title of the Officer personally appeared --~l-~~~~--r-J:~::b ............. N~O.......,..l~:.L--"'~=--------­ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/arJ subscribed to the within instrument and acknowledged to me that he/~/t~y executed the same in his/~tM€1r authorized capacity(ies), and that by his/hef/tpeff signature~ on the instrument the person(s), or the entity upon behalf of which the perso~ acted, executed the instrument. Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------------------oPTIONAL------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D~t (!.. ~i2..\~ _.__. A~ Title or Type of Document: £:.e ~a FA' ~ 1'6ocument Date: ~ .g5 -l/ Number of Pages: :;;2, SignJr(s) Other Than Named Above: ~~· 'tJ\ ~\ L..LA Capacity(ies) Cia~ SiSJ!Ier(s) ~~ . r.. Sigper's Name~;;.,-~~ Signer's Name: ~ ~v~ Btorporate OffiCer=Title(S}:~~D Corporate Officer -Title(s): ______ _ D Partner-D Limited D General 0 Partner-D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Other: D Other: ),~PT· ~ D Trustee 0 Guardian or Conservator D Trustee D Guardian or Conservato~r Signer Is Representing: '1i3$N ~ Signer Is Repr~enting: :~9 • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ISH SPORTs- 1180-A California Avenue Corona, CA 92881 T&l: 1-llQ0.959-1844 Fax: 1-l3Q0.988-8275 Visit ua al www.bsnsports.com Contact Your Rep Paul Truxaw Emall: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 DescrlpUon Ship To 2927359 AVIARA COMMUNITY PARK 6440 AMBROSIA LN CARLSBAD CA 92011 USA SERVICE NOT AX-INSTALL· FOUL SCREEN INST Item#-SERVICE_NOTAX FLP-S-7 FOUL POLE SCREENS Item #-NSPHG Quote Requested By Name Rodney Nishimoto Tel 760-802-4568 From Paul Truxaw 760-729-0727 pault@tomark.com rodney.ntshtmoto@cartsbadca.gov LABOR: REMOVE THE EXISTING FOUL POLE SCREENS ON TWO (2) FOUL POLES AND DISPOSE OF. INSTALL THREE (3) EACH NEW FOUL POLE SCREENS ON TWO (2) EACH FOUL POLES. ' 3 FOUL POLE SCREENS PER FOUL POLE * 16" WIDE X 84" LONG • POWDER COATED YELLOW NOTE: QUOTE IS A PREVAILING WAGE RATE. Quote Quote#: 20686526 Purchase Order#: Cart Name: Quote Date: 03/07/2017 Quote Valid-to: 04/07/2017 Payment Terms: NT30 Ship Via: Ordered By: RODNEY NISHIMOTO Subtotal: Other: Freight: Sales Tax: Payer 1038216 CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 USA Qly Unit Price 1 EA $ 2,250.00 2EA $ 1,135.00 Order Total: PaymenUCredit Applied: Order Total: Total $ 2,250.00 $ 2,270.00 $4,520.00 $0.00 $295.00 $175.93 $4,990.93 $0.00 $4,990.93 Check your order at www.bsnsports.com/?&ProgramiD=20886526&zip=92011