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Home My WebLink AboutFerandell Tennis Courts Inc; 2022-05-16; PKRC22-0412Tracking #: CALAVERA HILLS COMMUNITY PARK & STAGECOACH COMMUNITY PARK: BASKETBALL COURT SURFACING PROJECT; CONT. NO. PKRC22-0412 Page 1 of 9 City Attorney Approved 1/22/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CALAVERA HILLS COMMUNITY PARK & STAGECOACH COMMUNITY PARK: BASKETBALL COURT SURFACING PROJECT; CONT. NO.PKRC22-0412 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ferandell Tennis Courts, Inc. whose principal place of business is 3216 Grey Hawk Ct., Carlsbad, CA 92010(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 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 materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: _Temujin Matsubara_ (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Tracking #: CALAVERA HILLS COMMUNITY PARK & STAGECOACH COMMUNITY PARK: BASKETBALL COURT SURFACING PROJECT; CONT. NO.PKRC22-0412 Page 3 of 9 City Attorney Approved 1/22/2020 Y. 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, 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 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. Ferandell Tennis Court Inc. 3216 Grey Hawk Ct. (name of Contractor) 603945 (street address) Carlsbad, CA 92010 license number) A,B - 10/31/2022 (city/state/zip) 858-350-3444 (license class. and exp. date) 1000004786 (telephone no.) 858-350-3488 (DIR registration number) 6/30/2022 (fax no.) manager@ferandelltenniscourts.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// Tracking #: CALAVERA HILLS COMMUNITY PARK & STAGECOACH COMMUNITY PARK: BASKETBALL COURT SURFACING PROJECT; CONT. NO.PKRC22-0412 Page 6 of 9 City Attorney Approved 1/22/2020 EXHIBIT B SCOPE OF WORK Ferandell Tennis Courts will furnish all materials, labor, equipment and services necessary to repair, resurface, and stripe the basketball courts at Calavera Hills Community Park and Stagecoach Community Park. The repair and resurfacing to include play area as well as perimeter surfacing. Calavera Hills Community Park; (1) full basketball court and (2) half basketball courts Repair Waterblast, using a 3500 to 5000 PSI hydroblaster, or diamond grind existing surface to expose all surface spalls and pop-outs, clean out existing cracks, and remove any bubbling or peeling of existing surface Patch all cracks, visible pop-outs and spalls, using court patch binder and grind or sand flush with slab Resurface Surface playing area with SportMaster Sport Surfaces acrylic system for true ball bounce Clean and prepare existing surface Apply acrylic concrete primer to all exposed concrete Apply one (1) coat of acrylic resurfacer, giving surface a smooth, even, and uniform finish Apply two (2) coats of sand filled acrylic color for court speed. Match existing color with Acrytech Sports Surfaces: Competition Green Stripe court, utilizing white line primer for sharper edges, as per current USTA specifications No materials shall be applied if the surface temperature is below 50 degrees Fahrenheit, in excess of 140 degrees Fahrenheit, or when rain or high humidity is imminent COST plus Labor & Materials Bonds: $23,372.00 Stagecoach Community Park; (4) half basketball courts Repair Waterblast, using a 3500 to 5000 PSI hydroblaster, or diamond grind existing surface to expose all surface spalls and pop-outs, clean out existing cracks, and remove any bubbling or peeling of existing surface Patch all cracks, visible pop-outs and spalls, using court patch binder and grind or sand flush with slab Resurface Surface playing area with SportMaster Sport Surfaces acrylic system for true ball bounce Clean and prepare existing surface Apply acrylic concrete primer to all exposed concrete Apply one (1) coat of acrylic resurfacer, giving surface a smooth, even, and uniform finish Apply two (2) coats of sand filled acrylic color for court speed. Match existing color with Acrytech Sports Surfaces: Competition Green Tracking #: CALAVERA HILLS COMMUNITY PARK & STAGECOACH COMMUNITY PARK: BASKETBALL COURT SURFACING PROJECT; CONT. NO.PKRC22-0412 Page 7 of 9 City Attorney Approved 1/22/2020 Stripe court, utilizing white line primer for sharper edges, as per current USTA specifications No materials shall be applied if the surface temperature is below 50 degrees Fahrenheit, in excess of 140 degrees Fahrenheit, or when rain or high humidity is imminent COST plus Labor & Materials Bond: $35,944.00 TOTAL COST: $59,316.00 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/28/2021 License # 0H18131 (818) 933-2700 (818) 933-2701 39462 Ferandell Tennis Courts, Inc. Paul Ferandell 3216 Grey Hawk Ct. Carlsbad, CA 92010 38342 35378 28747 A 1,000,000 X VUM0219971 5/26/2021 5/26/2022 100,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000B BA040000053046 6/5/2021 6/5/2022 2,000,000C EZXS3051089 5/26/2021 5/26/2022 2,000,000 D WVE 5055562 01 5/26/2021 5/26/2022 1,000,000 1,000,000 1,000,000 City of Carlsbad is named as additional insured. City of Carlsbad 799 Pine Ave. #200 Carlsbad, CA 92008 FERATEN-01 SROTH Momentous Insurance Brokerage, A Marsh & McLennan Agency LLC Company 5990 Sepulveda Blvd., #550 Van Nuys, CA 91411 Berkley Assurance Company California Automobile Insurance Company Evanston Insurance Company Insurance Company of the West X X X X X X X POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 ©Insurance Services Office,Inc.,2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations As required by written contract executed prior to the date of occurrence but only to the extent permitted by law and the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. VUM0219971 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 33 12 19 ©Insurance Services Office,Inc.,2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – AUTOMATIC STATUS WHENREQUIRED IN A WRITTEN CONSTRUCTIONAGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Policy Number VUM0219971 Page 2 of 2 ©Insurance Services Office,Inc.,2018 CG 20 33 12 19 2."Bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds,the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement you have entered into with the additional insured; or 2.Available under the applicable limits of insurance; whichever is less. 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