HomeMy WebLinkAboutBSN Sports LLC dba Tomark Sports; 2016-02-10; PKRC565Tracking#:
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 ih 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 contr tor may be prevented from further bidding on
public contracts for a period of up to five years and th debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or su or from participating in contract bidding.
/ Signature:
REQUIRED INSURANCE. The successful contractors all 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 form 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 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.
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 offsite, 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 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.
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
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,
BASKETBALL BACKBOARD
REMOVAL AND INSTALLATION;
CONT. NO. PKRC565 Page 2 of9 City Attorney Approved 1 0/6/15
Tracking#:
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 loss 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.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
BSN Sports, LLC DBA Tomark Sports
(name of Contractor)
917425
(Contractor's license number)
C-61/D-34, 6/30/2016
(license class. and exp. date)
100004433
(DIR registration number)
6/30/2016
(DIR registration exp. date)
BASKETBALL BACKBOARD
REMOVAL AND INSTALLATION;
CONT. NO. PKRC565
1180-A California Avenue
(street address)
Corona, CA 92881
(city/state/zip)
760-729-0727
(telephone no.)
1-800-986-6275
(fax no.)
pault@tomark.com
(e-mall address)
Page 3 of9 City Attorney Approved 10/6/15
Tracking#:
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 DIR Registration license No., %of
be Subcontracted
!
l \ \
\"'\ i\ i \ 1\':v,
\ 1 I '\.,
\.
'\
Total % Subcontracted: ---'~-,\-'-'\r-. +-~-'--' __ I '
I,
\ I
BASKETBALL BACKBOARD
REMOVAL AND INSTALLATION;
CONT. NO. PKRC565 Page 5 of9
No. Classification & Total
Expiration Date Contract
' ..
City Attorney Approved 1 0/6/15
Tracking#:
ITEM TY DESCRIPTION -Stagecoach Community Park PRICE
NO.
1 $695.00 2 BA-781A-ARM $1,390.00
2 $280.00 4 BA 781-H-Hardware $1,120.00
3 $1,340.00 4 BA42UC 42" X 72" Polycarbonate Backboard $5,360.00
4 $170.00 4 BA32-Fiex Rim $680.00
5 $42.00 2 BA781 DBHDWR $84.00
TOTAL $8,634.00
ITEM UNIT QTY DESCRIPTION -Poinsettia Community Park PRICE
NO.
1 $460.00 4 BA778A-ARM $1,840.00
2 $160.00 4 BA780ADPT-Adaptor $640.00
3 $11140,00 4 BA407U 42" X 54" Polycarbonate Backboard $4,560.00
4 $170.00 4 BA32-Fiex Rim $680,.00
TOTAL $7,720.00
·'.
Additional Expenses
ITEM DESCRIPTION PRICE
1 Installation $7,200.00
52 Freight
3 Sales Tax
TOTAL
Grand Total Not To Exceed $44,997.32
BASKETBALL BACKBOARD
REMOVAL AND INSTALLATION;
CONT. NO. PKRC565 Page 7 of9
$1,100.00
$2,718.32
$11,018.32
City Attorney Approved 1 0/6/15
Bond No. 2206566
Tracking#:
EXHIBITC
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to BSN Sports, LLC
DBA Tomark Sports (hereinafter designated as the "Principal"), a Contract for:
BASKETBALL BACKBOARD REMOVAL AND INSTALLATION
CONTRACT NO. PKRC565
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated
herein by this reference.
WHEREAS, Principal has executed or Is about to execute said Contract and the terms thereof require the
furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials,
provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed
to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to
the extent hereinafter set forth.
NOW, THEREFORE, WE, BSN Sports, LLC DBA Tomark Sports, as Principal, (hereinafter designated as
the "Contractor"), and North American Specialty Insurance Company as
Surety, are held firmly bound unto the City of Carlsbad in the sum of forty four thousand nine hundred
ninety-seven Dollars and thirty-two Cents ($44,997.32), said sum being an amount equal to: One hundred
percent (1 00%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and
for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators,
successors, or assfgns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance
of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with
California Civil Code section 91 00, or for amounts due under the Unemployment Insurance Code with
respect to the work or labor performed under this Contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of employees of the
contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with
respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon
the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section
9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so
as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Contract, or to the work to be performed hereunder or the specifications accompanying the same shall
affect its obligations on this bond, and it does hereby waive notice of any change, extension of time,
alterations or addition to the terms of the contract or to the work or to the specifications.
BASKETBALL BACKBOARD
REMOVAL AND INSTALLATION;
CONT. NO. PKRC565 Page 8 of9 City Attorney Approved 10/6/15