HomeMy WebLinkAboutFerandell Tennis Courts Inc; 2015-09-16; PKRC559Tracking #:
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
TENNIS NET POST REPLACEMENT: PKRC559
This letter viflll serve as an agreement between Ferandell Tennis Courts, Inc., a corporation (Contractor)
and the City of Carlsbad (City). The Contractor will provide ail equipment, material and labor necessary to
remove, dispose, fumish and install four net posts at Calavera Hills Community Park, per the Contractor's
proposal dated September 16, 2015 and City specifications, for a sum not to exceed two thousand six
hundred dollars ($2,600.00). This work is to be completed within thirty (30) 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, mles 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' Liabiiity 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
iimits available to the named insured shall also be available and applicable to the City as an additional
insured. Insurance is to be placed with insurers that have a current Best's Key Rating of not less than
"A-:VH"; 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 ofat 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 penalties for the filing of false claims as set forth in the California
False Claims Act, Goveoipo^jtJSode seetions 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et sea. init C>7 Init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is Motirids for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. "^Jmit fj^ init
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.
TENNIS NET POST REPLACEMENT: PKRC559 - 1 - City Attorney Approve^>|(l/15
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 Secton 1773.2 of the California Labor code, a
current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to
whom the contract is awarded 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 contract
9. City Contact: KvIe Lancaster. 760-434-2941
Contractor Contact: Paul Ferandell. 858-350-3444
CONTRACTOR
2120 Jimmy Durante Blvd., #102
Del Mar, CA 92014
858-350-3444
CITY OF CARLSBAD, a municipal corporation
of the State of California
manager@ferandelltenniscourts.com
By:
f^ltm^^LU ^iP
(print name/title)
By:
(sign here)
(print name/title)
Depanm^n Director
as authorized by the City Manager
Chris Hazeltine
(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:
CELIA A. BREWER, City Attorney
BY:
Assistant City Attorney
TENNIS NET POST REPLACEMENT: PKRC559 2 -City Attorney Approved 4/1/15
FERANDELL
TENNIS COURTS INC.
(800)900-1344
Conlractor's license #603945 (A&B)
Dm Regisuation e1000004786
Corporati: OlBce • 2120 Jimmy Durante Blvd #102, Del Mar, CA 92014*/•/KmeC858) 350-3444 • ^av.-(858) 350-3488
los Angela orncc • 25305 Via Dia, Vulencia, CA 91355 • PAQne.-(818)383-I793 • /iiv(858) 350-3488
PROPOSAL/CONTRACT #tm2081
This contract is entered into this 16* dayof September 2015 by and between FERANDELL TENNIS COURTS,
INC. (hereinafter CONTRACTOR) and CITY OF CARLSBAD (hereinafter OWNER) at Parks Dept, 6600 Carlsbad
Village Dr., Carlsbad CA 92008.
Attn: Adam
Far.-
Email: adamJkird^
Phone
Cell:
Gate Code.
760.802.5824
CONTRACTOR AND OWNER AGREE AS FOLLOWS:
CONTRACTOR shall fumish the following submitted specifications and costs, all material, labor, equipment,
transportation and perform all work necessary for the following at CALAVERA COMMUNITY PARK, 2997
Glasgow Dr., Carlsbad CA 92010.
1) TENNIS NET POST REPLACEMENT - 2 TENNIS COURTS
a) CONTRACTOR to remove and dispose of four (4) existing net posts.
b) CONTRACTOR to fumish and install four (4) 3" square net posts with bottom plates anchored into slab using
Simpson strong ties.
**NET POST REPLACEMENT (pre\>ailing wage noted) $ 2,600**
The provisions set forth upon the second page hereof and any other attached pages hereto are hereby incorporated in and
made a part of tiiis CONTRACT.
Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions
conceming a contractor may be referred to the registrar of the board whose address is:
Contractor's State License Board, 1020 N. Street, Sacramento, CA 95814.
IN WITNESS WHEREOF, tiie parties hereto have executed tiiis CONTRACT tiie day and year set fortii below.
OWNER CONTRACTOR
Dated: Dated;...-—$/l 6/15.
By: ^__^ By:
By: .^_^_________ By:
Paul Ferandell, I 'ice President
TERMS &. CX>NDITIONS
1. EXPIRATION: Bid price(s) valid for 6 months from bid dale.
2. PAYMENT SCHEDULE: Due upon IOO". completion.
3. PREVAILING WAGE: E.vcluded, unless otherwise noted above.
4. INSURANCE: Insurance requirements outside of CONTRACTOR'S existing coverage, endorsements and standard wording will be an additional cost.
5. NORMAL DETERIORATION OF TENNIS COURT SURFACE: CONTRACTOR shall supply and install a surface on the tennis court slabs as specified
Said surface material is durable, but not permanent, and will fade, erode and otherwise deteriorate over time and with use. OWNER agrees and understands that
said surface shall require replacement or refiirbishment in the future dependent upon thc OWNER'S preference, and that this contract does not unless otherw ise
specified, include such replacement of refurbishment Surfacing material will not keep cracks from appearing or reappearing.
6. CRACKS: Unless otherwise specilied, CONTRACTOR cannot guarantee against slab cracks appearing're-appearing. due to contraction, e.xpansion nnd other
existing conditions.
Ferandell Tenni.s Cowls, Inc. Contmct :'tm20HI Page I of 2
7. RESURFACING LIMITATION: In the resurfacing over previously coaled courts, the CONTRACTOR shall not be responsible for delamination caused be
previous coatings nor delaminations or discolorations ofthe surfacing caused by the leaching of impurities from within the slab or sub grade.
8. BOUNDARIES: OWNER shall indicate to the CONTRACTOR the boundaries of the property and OWNER shall assume all responsibility for accuracy of
said description and boundaries.
9. UNKNOWN UNDERGROUND IMPROVEMENTS: Unless specifically indicated, agreed price does nol include rerouUng or responsibility of damage to
vents, pipes, ducts, water or sewage disposal systems or wiring conduits that may be discovered in performance of work.
10. OWNER TO PROVIDE ACCESS-DAMAGE WAIVER: Shall grant free access lo work areas for workmen and vehicles, and shall allow areas for storage
of materials and rubbish. OWNER agrees to keep driveways clear and available for movement and parking of trucks during normal work hours.
CONTRACTOR shall not be held responsible for damage to driveways, walks, lawns or shrubs by movement of trucks.
11. EXTRA WORK REQUIRED BV PUBLIC BODY: Any changes, alterations or e.vtras form the drawings or specificalions which may be required by any
public body, utility or inspector shall constitute an extra and shall be paid for the same as any other extra.
12. UNFORESEEN DELAYS: CONTRACTOR agrees to diligently pursue work through to completion, but shall not be responsible for delays for any ofthe
following reasons: acts of neglect or omissions of OWNER or OWNER'S employees or OWNER'S agents, stormy or inclement weather, strikes, lockouts,
boycotts, or other labor union activities, extra work ordered by OWNER, inability to secure materials through regular recognized channels, feilure of OWNER
to make payments when due.
13. WARRANTY: All materials and labor provided by CONTRACTOR are guaranteed for three (3) years from the date CONTRACTOR'S work is completed.
However, CONTRACTOR cannot guarantee and specifically disclaims any warranty against normal cracking of concrete within industry standards or against
concrete cracking due to causes beyond the CONTRACTOR'S control including, bul not limiled to. Acts of God, soil subsidence/movement, inherent
characteristics ofthe soil, expansive soil, hydroslatic pressure, drainage problems, and reactive aggregate or contaminants in the concrete. CONTRACTOR
does not warrant against shrinkage cracks and/or spalls which appear in the concrete, and OWNER understands and acknowledges that cracks and/or spalls do
occur, and that they may affect the court's appearance. THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR
IMPUED, AND CONSTfTUTES THE SOLE WARRANTY OF CONTRACTOR TO OWNER. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES
OF FITNESS, MERCHANTABILITY, QUALITY, AND WORKMANSHIP OR OF MATERIALS EXCEPT AS SPECIHCALLY HEREIN SET FORTH. No
warranty work will be performed until the contract amount is paid in fiill.
14. RIGHT TO STOP WORK DUE TO NON-PAYMENT: CONTRACTOR shall have the right to stop work and to keep the job idle if payments are not made
10 him when due. Ifthe OWNER delays in making any progress payment, the CONTRACTOR may sloop work until the OWNER delivers lo the
CONTRACTOR, at the OWNER'S expense, a payment bond executed by a corporate surety covering the cosl oflhe balance of the work to be performed under
this contract
15. LATE CHARGES: OWNER agrees to pay CONTRACTOR invoices in accordance with the terms thereon. OWNER fiirther agrees to pay lale charges of
V/2% per month on any amounts not paid within 30 days ftom date of statement, any collection expenses and attomey fees incurred in collection ofthis account
on any amounts nol paid wilhin 60 days from dale of statement.
16. ATTORNEYS FEES: Should litigalion be necessary to enforce any term or provision of this contract, or lo collect any portion of the amounl payable under
this contract, then all litigation and collection expenses, witness fees and court costs and attomey's fees shall be paid lo the prevailing party. "Prevailing Party"
shall be defined not necessarily as the party obtaining a favorable judgment, but as the party which succeeds in obtaining a judgment equal to, or in excess of
the lasl written offer made by lhal party to the other. The paragraph's purpose is to encourage the parties lo resolve any disputes by settiement by the exchange
written offers thereof prior to judgment, and shall be interpreted so as to reasonably carry out that purpose.
Ferandell Tennis Coittis, Inc. Contmct Utm20Sl Page 2 of 2