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Home My WebLink AboutAthletic Turf Solutions; 2014-05-21; PKRC536Tracking #:PKRC536 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SYNTHETIC TURF IMPROVEMENTS MOUND AND HOME PLATES PINE & STAGECOACH FIELDS; CONT. NO. PKRC536 This agreement is made on the r^l^ day of Al^y , 20^ by the City of Carlsbad California, a municipal corporation, (hereinafter called-^City"), and Athletic Turf Solutions whose principal place of business is 325 Mainsail Road, Oceanside, CA 92054 (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. GUARANTEE. Contractor guarantees all labor and matenals furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: .Kyle Lancaster (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the Califomia Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at Contractor's discretion. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that Califomia Govemment 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 trutii 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. Synthetic Turf Field Improvements Pine & Stagecoach Fields; CONT. NO, PKRG536 Page 1 of 5 City Attomey Approved 2/7/13 Tracking #:PKRC536 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 debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractoppr subcontractor from participating in contract bidding. Signature: ^^Vir{wt/L Print Name: ^^^(krO^ ^,%re^l\(>Y\ 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 form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be fumished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-;V and (2) are admitted and authonzed to transact the business of Insurance in the State of Califomia by the Insurance Commissioner. Commercial General Liability Insurance of Injuries Including accidental death, to any one person In an amount not less than $500,000 Subject to the same limit for each person on account of one accident In an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance In the amount of $100,000 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. 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, damages Iniury 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 10 working days after receipt of Notice to Proceed. Completion; Contractor agrees to complete work within 25 working days after receipt of Notice to Proceed. Synthetic Turf Field Improvements Pine & Stagecoach Fields; CONT. NO. PKRC536 Page 2 of 5 City Attomey Approved 2/7/13 Tracking #:PKRC536 CONTRACTOR'S INFORMATION. Athletic Turf Solutions (name of Contractor) #840523 (Contractor's license number) C-61; D12 6/30/2014 (license class, and exp. date) 325 Mainsail Road (street address) Oceanside / CA / 92054 (city/state/zip) (760) 757-0796 (telephone no.) 760-231-1007 (fax no.) athleticturfsolutlons@yahoo.com (e-mail address) 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 CITY OF CARLSBAD, a municipal corporation of the State of Califomia n B. Dodson Director as aut^rlzed by the City Manager Chris hazekine ATTEST; (sign here) Tamara H. Breeden BARBARA ENGLESON City Clerk (print name/title) If required by City proper notarial acknowledgment of execution by Contractor must be attached. ILi corporation, Agreement must be signed by one corporate officer from each of the following two groups; Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer 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. BREWE BY ;torney, Synthetic Turf Field Improvements Pine & Stagecoach Fields; CONT. NO. PKRC536 Page 3 of 5 Approved 2/7/13 Gity Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of Califomia County of y^^Xy^^ J^i^S^b On before me yC^ Date personally appeared Ljuiyk^ fi .fAjjsiK \A-y Afc/T^Vr^Ac . A ' Here Insert Name and Qie of the Officer I Name(s) of Signer(s) SHERRY A. FREISIMGEH | Commission # 1923590 | Notary Public - California | San Diego County | My rnmtn Expires F«b 2S. 20151 who proved to me on the basis of satisfactory evidence to be the person(^ whose nam^^s) is/a^ subscribed to the within instrument and acknowledged to me that h^she/thpy executed the same in h;s/her/thejF authorized capacity(ie^), and that by hife/her/thejf signature(^ on the instrument the person(9^, or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha; Place Notary Seal Above Signature OPTIONAL Official seaK SSignature of Notary Public Though the information below is not required by law, it may provel/aluable tdpersdns relying on the dapument and could prevent fraudulent removal and reattachmept of this foijTi to aijother document. Description of Attached Document Title or Type of Document: Document Date: . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: • Title(s) RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: • Corporate Officer • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here } 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Jurat State of Califomia County of :^X^ h^l0^ Subscribed and swom to (or affimied) before me on this ^ day of //l^ 20 /y by -xjT^/neS ^o^^ proved to me on the basis lory evidence to be the person(s) who appeared before me. Signature (Notary seal) GUADALUPE HERRERA Commission # 1935355 Notary Public - California San Diego County g ^^^^^"^ My Comm. Expires Mav 7, 2015 L OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional infonnation) INSTRUCTIONS FOR COIVIPLETING THIS FORM The -wording of all Jurats completed in Califomia after January 1, 2008 must be in the form as setforth within this Jurat There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this om which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the documenl The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front ofthe notary public during the jurat process. State and County information must be the State and County where the document signer(s) personally appeared before the notary public. Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. I Print the name(s) of document signer(s) who personally appear at the time of notarization. > Signature ofthe notary public must match the signature on file with the office of the county clerk. > The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different jurat form. • Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA vl.9.07 800-873-9865 www.NotaryClasses.com Tracking #:PKRC536 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." Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract None Total % Subcontracted: None Synthetic Turf Field Improvements Pine & Stagecoach Fields; CONT. NO. PKRC536 Approved 2/7/13 Page 4 of 5 City Attorney Tracking #:PKRC536 EXHIBIT B JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Project 1 Installation of new synthetic turf grass in pitching mound and home plate, includes excavation, base preparation and turf installation for field #2 and field #3 at Stagecoach Park fields. Set pitching mound sleeves at designated multiple distance/footage of 30',35', 40',43' with city purchased materials. Add stripe zone of "back to box rule" 4 feet long by 4 inches. Batter boxes to have white 4 inch white lines seamed in 3' x 7' outline along with seamed in home plate. Chosen turf color brown. White turf for striping in-lays. $24,680 2 Project 1 Installation of new synthetic turf grass in pitching mound and home piate. Includes excavation, base preparation and turf installation for Pine Avenue Park field. Batter boxes to have white 4 inch white lines seamed in 3' x 7' outline along with seamed in home plate. Chosen turf color brown. White turf for striping in-lays. $12,340 TOTAL* $37,020 *lncludes taxes, fees, expenses and all other costs. Synthetic Turf Field Improvements Pine & Stagecoach Fields; CONT. NO. PKRC536 Approved 2/7/13 Page 5 of 5 City Attorney Athletic Turf Solutions 325 Mainsail Road, Oceanside, CA 92054 License # 840523 Office: 760-757-0796 CeU: 619-316-8804 of 8807 athletictutfsolutions(@yahoo.com ATS turfs Athletic Solutions April 2, 2014 Carlsbad Parks & Recreation Attn: Paul. Meadows 760-434-2857 paul.meadows(a),carlsbadca.gov Final Revision Additions RE: Existing synthetic turf field improvements for Stagecoach Community Park located at 3420 Camino de los Coches, Carlsbad, CA 92009 and existing synthetic turf field improvements at Pine Avenue Community Park located at 3333 Harding St., Carlsbad, CA 92008 Note: This proposal is given without prevailing wage consideration. Should it be later discovered that prevailing wages were to be used, then the difference will apply. SCOPE OF WORK: Stagecoach Fields 2 & 3: Installation of new synthetic turf grass in pitching mound and home plate. Approx. 830 sq ft each field (1660 sq ft total). Standard installation procedures of excavation, haul away, drainage base rock preparation, synthetic turf grass installation with seaming techniques, and all granulated rubber in-fill. Brooming techniques to simulate natural grass and integrate with existing synthetic turf grass edges. Set pitching mound sleeves at designated multiple distance/footage of 30', 35', 40', 43' with City of Carlsbad's purchased materials. Add stripe zone of "back to box rule" 4 feet long by 4 inches. Batter boxes to have white 4 inch white lines seamed in 3' x 7' outline along with seamed in home plate. Chosen turf color: Brown. White turf for striping in-lays. Pine Avenue Field: Installation of new synthetic turf grass in pitching mound and home plate. Approx. 830 sq ft. Standard installation procedures of excavation, haul away, drainage base rock preparation, synthetic turf grass installation with seaming techniques, and all granulated rubber in-fiU. Brooming techniques to simulate natural grass and integrate with existing synthetic turf grass edges. Batter boxes to have white 4 inch white lines seamed in 3' x 7' outline along with seamed in home plate. Chosen turf color: Brown. White turf for striping in-lays. COST: Excavation Base Preparation Turf Installation Sub-Total: Stagecoach Field #2 Stagecoach Field #3 $ 3,850.00 $ 4,866.00 $15.964.00 % 24,680.00 Pine Avenue $ 1,925.00 $ 2,433.00 $ 7.982.00 $ 12,340.00 TOTAL PROJECT COST: $3 7,020.0 0 Page 2 TERMS: Approximately 4-5 days to be completed each area, weather permitting. 2-3 week allowance fot material production. Standard invoicing and payments following City of Carlsbad procedures. CONTACT: James Breeden @ 619-316-8807 with any installation questions. Thank you, Tami Breeden, ATS Office: 760-757-0796 Cell: 619-316-8804