The URL can be used to link to this page

Home My WebLink AboutBSN Sports LLC; 2017-06-29; PKRC634Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT REPLACEMENT OF BATTING CAGE NETTING: CONTRACT PKRC634 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 existing batting cage netting at Aviara Community Park, per the Contractor's proposal dated June 7, 2017 and City specifications, for a sum not to exceed four thousand seven hundred fifty-six dollars ($4,756.00). This work is to be completed within thirty calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1.City of Carlsbad Business License2.The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and holdharmless 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 inconnection with the performance of this Contract or work; or from any failure or alleged failure of thecontractor to comply with any applicable law, rules or regulations including those relating to safety andhealth; except for loss or damage which was caused solely by the active negligence of the City; andfrom 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 ordamage was caused solely by the active negligence of the City. The expenses of defense include allcosts and expenses, including attorney's fees for litigation, arbitration, or other dispute resolutionmethod.3.Contractor shall furnish policies of general liability insurance, automobile liability insurance and acombined policy of workers compensation and Employers' Liability in an insurable amount of not lessthan one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manageror the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The fulllimits available to the named insured shall also be available and applicable to the City as an additionalinsured. Insurance is to be placed with California admitted insurers that have a current Best's KeyRating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List ofApproved 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 ofinsurance 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 LaborCode) and the "Immigration Reform and Control Act of 1986" (BUSC, Sections 1101 through 1525), toinclude 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 civiliten · s for the filing of false claims as set forth in the California False Claims Act, Gotf/t!;nt Code se s 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. init init 6.The Contractor hereby acknowledges that debarment by another jurisdiction �rounds foJjyepity ofCarlsbad to disqualify the Contractor from participating in contract bidding. -t;,-"-init � init7.The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution ofany disputes between the parties arising out of this agreement is San Diego County, California. REPLACEMENT OF BATTING CAGE NETTING CONTRACT PKRC634 -- 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, 1773and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, acurrent copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall notpay less than the said specified prevailing rates of wages to all workers employed by him or her in theexecution of the work covered by this Letter of Agreement. Contractor and any subcontractors shallcomply with Section 1776 of the California Labor Code, which generally requires keeping accuratepayroll 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 Truxaw 760-729-0727 CONTRACTOR 1180-A California Avenue Corona, CA 92881 760-729-0727ptruxaw@bsnsports.com :72eh C'tf{h11a I \)\?. Sal{) s (print name/title) B� (sign here) L£c LbNoYAN (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ity M r, Deputy City Manager or Department Director as authorized by the City Manager Dated: (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 BATTING CAGE NETTING CONTRACT PKRC634 --2 --City Attorney Approved 2/29/2016 STATE OF TEXAS COUNTY OF Dallas This instrument was acknowledged before me on June 15, 2017 by Rob Coffman Vice President of Sales for BSN SPORTS, LLC a Delaware limited liability company, on beha f sairr,,,."'..,.,'" Victoria A. Home ._,,�i��:J1,, VICTORIA A. HORNE �� ..... "-� . §'f:':.a.;.,{�i Notary Public, State of Texas -:;."{-.,�.-;...f� Comm. Expires 11-13-2020 l -:.,,tflf;�,.;;-Notary ID 126545354 My Commission Expires: November 13, 2020 1180-A California Avenue Corona, CA 92881 Tel: 1-800-959-1844 Fax: HI00-986-6275 Visft us at www.bsnsports.com Contact Your Rep Paul Truxaw Email:ptruxaw@bsnsports.com I Phone:1-800-959-1844 Sold to 2927359 AVIARA COMMUNITY PARK Rodney Nishimoto 6440 AMBROSIA LN CARLSBAD CA 92011 Item Description SERVICE NOTAX-INSTALL-CAGE NET Item# -SERVICE_NOTAX Ship To 2927359 AVIARA COMMUNITY PARK 6440 AMBROSIA LN CARLSBAD CA 92011 USA 15' H X 15' W X 70' L BATTING CAGE NET Item# -NSPHG Quote Requested By Name Rodney Nishimoto Tel760-802-4568 From Paul Truxaw 760-729-0727 pault@tomark.com rodney.nishimoto@car1sbadca.gov LABOR: REMOVE THE EXISTING BATTING CAGE AND DISPOSE OF. INSTALL NEW# 36 NYLON 15' H X 15' W X 70' L WITH DOOR BATTING CAGE NET IN THE SAME LOCATION. NOTE: QUOTE IS A PREVAILING WAGE RATE. Quote Quote #: 20910813 Purchase Order#: cart Name: Quote Date: 06/07/2017 Quote Valid-to: 07/07/2017 Payment Terms: NT30 Ship Via: Ordered By: RODNEY NISHIMOTO Payer 1038216 CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 USA Qty Unit Price 1 EA $ 1,900.00 1 EA $ 2,400.00 Subtotal: Other: Freight: Sales Tax: Order Total: Payment/Credit Applied: Order Total: Total $ 1,900.00 $ 2,400.00 $4,300.00 $0.00 $270.00 $186.00 $4,756.00 $0.00 $4,756.00 Check your order at www.bsnsports.com/?&Program1D=20910813&zip=92011