Loading...
HomeMy WebLinkAboutBSN Sports Inc dba Tomark Sports; 2014-02-17; PKRC533Tracking #: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Batting Cage Netting Replacement at Pine Avenue Community Park (PKRC533) ($5000 or less) This letter will serve as an agreement between BSN Sports, Inc. dba Tomark Sports, a sports equipment company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to remove and dispose of the existing batting cage net and install one each new #36 nylon batting cage in the same location; new batting cage to be 15' high x 15' wide x 70' long, per the Contractor's proposal dated February 17, 2014 and City specifications, for a sum not to exceed Three Thousand Four Hundred Eighty-Four dollars and Sixty cents ($3,484.60). This work is to be completed within 20 working 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 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 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 five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is 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 authorized to transact the business of insurance in the State of California by the Insurance Commissioner. 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 shall be aware of and comply with California Regional Water Quality Control Board, San Diego Region requirements. A. Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. B. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. Batting Cage Netting (Pkrc533) - l -- City Attorney Approved 6/18/13 Tracking #: C. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. E. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. F. The Contractor shall indicate in his submittals methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision CITY reserves the rights to implement BMP's to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. 6. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Governrajnt Code sections 12650, etseq., and Carlsbad Municipal Code Sections 3.32.025, et seq. /^Ttf init init 7. The Contractor hereby acknowledges that debarment by another jurisdictionjs gj^nds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. fnV- init init 8. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out ofthis agreement is San Diego County, California. 9. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at Contractor's discretion. 0. City Contact: Rodney Nishimoto 760-434-2953 Contractor Contact: Tomark Sports. Paul Truxaw 800-959-1844 Batting Cage Netting (Pkrc533) - 2 - City Attorney Approved 6/18/13 Tracking #: CONTRACTOR Tomark Sports P.O. Box 1088, Corona, CA 92878 CITY OF CARLSBAD, a municipal corporation of the State of Califomia 800-959-1844 Fax: 800-986-6275 By: (sign here) (print name/title) By: Assistahj City Man Jeputy City Manager or Department Director as authorized by the City Manager (sign here) • •; name/^tle) r(print I (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. Othenwise, 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: CELIAA. BREWE BY: : City Attorney Batting Cage Netting (Pkrc533) City Attorney Approved 6/18/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 State of California County of } On /^f^vU\^^ Or^yUr before me, 1. Date personally appeared Name and Title of the Officer Name(s) of Signer(s) BARREL LVALEN Commission # 2021656 Notary Public - California RIvwtitfe County tCwnm. Expins iiay20.20iy| Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(?il' whose narnej^^ is/ar§ subscribed to the within instrument and acknowledged to me that he/^/th«?V executed the same in his/b^/th^r authorized capacity(j^), and that by his/|3«t/tb^ir signature(8) on the instrument the person(9^, or the entity upon behalf of which the person(3) 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 h; Signature: ature of Notary Public 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 DQCument . Title or Type of Documen't^^Vtt^Vj^^K^ •jWgggl^lBdcument Date: Number of Page^: \4V^j^Siqner(s) Other Than Named Above: Ci0J Capacity(ies) Claimed by Signer(s) . Signer's Name: '^^^^IfSk^ pci^\X^\^ • Corporate Officer — Title(s): • Partner — n Limited i i General • Individual i J Attorney in Fact • Trustee ! I Guardian or Conservator • Other: A-4=>^. g^t==nggq>rfe/ aner's Name:. ^rate Officer — Title(s): 111 PartneNs- [J Limited i I Gerj^rCl • IndividuarN^ • Attomgylri Fact [] Trustee Guafdian or Conservator • Other: Signer Is Representing: Signej^^Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^ On ^ -gS^-l^ beiore meX^jhPPlSL^ \^KJt>Aj&^ WUrfiRy ^ggC "-^ Date* Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person^ whose namei^ \sls^ subscribed to the within instrument and acknowledged to me that he/§h€/tb^y executed the same in his/!?ef/tbelf authorized capacity(je^, and that by his/l3«f/tj3eff- signature(a5 on the instrument the person(^, 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 /(arid and o^icirffseai/ Place Notary Seal and/or Stamp Above Signature: OPTIONAL —' Signature of Notary Public Though the information beiow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . Title or Type of Document: Po^UO Vj^'RvL^ ^s=<g>f^lgerN~^feliT^ Document Date: Wi^V^^ Number of Pages:~ \ H^^^ Signer(s) Other Than Named Above: Capacity(ip^ Claimed by Signer(«) Signer's Name:_ • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other:. RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signi8('s Name: • Corporats^Officer - • Individual • Partner — • Limili • Title(s) • Gee • Attorney in Fact • Trustee • Guardian or CPffsen/ator • Other: fal niGHT THUMBPRINT OF SIGNER Top of thumb here ©2006 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 •Ctiatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 TOMHRK a WPOBTS P.O. Box 1088, Corona, CA 92878 TEL: 1 800 959 1844 FAX: 1 800 986 6275 Come Visit us at www.tomark.com Customer*: 1038216 Sold To: CITY OF CARLSBAD Paul Meadows 1635 FARADAY AVE CARLSBAD CA 92008-7314 Installation Quote Document Number P.O. Number Doc. Creation Date Customer Number Sales Rep Ordered by 20589568 02/17/2014 1038216 Paul Truxaw PAUL MEADOWS This is NOT a Bill - DO NOT PAY. Ship To: PINE AVENUE PARK HARDING AND CHESTNUT STREETS CARLSBADCA 92008 Payer: CITYOFCARLSBAD 1635 FARADAY AVE CARLSBADCA 92008-7314 Item Number ttem Description SERVICE NOTAX SERVCE NOTAX-INSTALL NSPTMXXX 15' X 15- X 70' LONG # 36 NYLON BATTING Delivery SKU Color/ Qty/ Unit Extended DT(S) Team< UOM Price Price DT(S) Size 03/31/2014 SERVtCE_NOTAX NSPTIWIXXX 1EA 1EA 1,100.00 1,995.00 1,100.00 1,995.00 Check your quote atwww.tomark.com/?&ProgramiD=20589568&zip=920C 8 Merchandise Sub Total Other Freight Sales Tax Payment/Credit Applied Total Order Amount $ 3,095.00 $ 0.00 $ 230.00 S 159.60 $ 0.00 $ 3,484.60 Page 1 of 1 LABOR: REMOVE THE EXISTING BATTING CAGE NET AND DISPOSE OF. INSTALL 0NE(1) EACH NEW # 36 NYLON BATTING CAGE IN THE SAME LOCATION. THE NEW BATTING CAGE TO BE 15' HIGH X 15' WIDE X 70" LONG. NOTE: LABOR PRICE QUOTED IS A NON PREVAILING WAGE RATE: '•;m Athletic & Recreational Equipment Specialists Posf Qfhce 3o.x 1088 - Corona, CA 92878 Ph 951.371.1844 • 800.959.1844 * Fax 951.278.9976 Contractor's Uc. mi 7425 WWV^. TOMARK. COM • •