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HomeMy WebLinkAboutSports Facilities Group Inc; 2023-09-12; PWM24-2300FACPWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 1 of 10 City Attorney Approved 6/30/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT STAGECOACH COMMUNITY CENTER BASKETBALL STRUCTURE AND GYM DIVIDER CURTAIN INSPECTION AND REPAIR This agreement is made on the ______________ day of _________________________, 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City"), and Sports Facilities Group, Inc., a California corporation, whose principal place of business is 6650 Doolittle Avenue, Riverside, California 92503 (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, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 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 materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Brian Bacardi (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. DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 12th September PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 2 of 10 City Attorney Approved 6/30/2023 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. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 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 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 in 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. DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 3 of 10 City Attorney Approved 6/30/2023 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 (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ________David Finewood _____________ 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 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 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. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 4 of 10 City Attorney Approved 6/30/2023 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 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (60) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Sports Facilities Group, Inc. 6650 Doolittle Ave. (name of Contractor) 67658 (street address) Riverside, CA 92503 (Contractor’s license number) C-45, C-61/D-34 8/31/2024 (city/state/zip) 760-822-3547 (license class. and exp. date) 1000002632 6/30/2024 (telephone no.) davidt@sportsfacilitiesgroup.com (DIR registration number and exp. date) (e-mail address) [signatures on following page] DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 5 of 10 City Attorney Approved 6/30/2023 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 SPORTS FACILITIES GROUP, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) David Finewood, COO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) Gina J. Warner, Chief Financial Officer (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 6 of 10 City Attorney Approved 6/30/2023 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor 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 Type of Work to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 NAN/ANONEN/A 0.000.0 NAN/A NAN/ANAN/A PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 7 of 10 City Attorney Approved 6/30/2023 EXHIBIT B Stagecoach Community Center Basketball Structure and Gym Divider Curtain Inspection and Repair Contractor to provide all material, tools and labor required to perform a comprehensive inspection for all basketball structures and divider curtain in the Stagecoach Communtiy Park gym located at 3420 Camino de los Coches, Carlsbad, CA 92009. Scope of work to include the contractor to furnish and install one (1) new glass backboard and electric height adjuster. All work shall be consistent with the contractor’s proposal dated August 29, 2023 and is attached to this agreement as Exhibit C. Notes: - Contractor to employ good housekeeping practices during the course of the project, and shall leave the work area in a clean and workmanlike manner. - Contractor to verify operation of new equipment prior to leaving the worksite. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Inspect basketball hoop structures and divider curtain and furninish and install one glass backboard and electric height adjuster. $7,830.43 TOTAL* $7,830.43 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 8 of 10 EXHIBIT C DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 m ~rn'Jm ~flm!Xmamm. Quote#: 20132 Date: 08-29-2023 Expires: 09-28-2023 Terms: Net 30 Contractors License# 676578 PO Box 7024 Riverside, CA 92503 DIR# 1000002632 Toll Free:866-311-7344(SFGI) Fax: 951-637-8406 Quoted By: David Truxaw davidt@sportsfacilitiesgroup.com Bill To Kevin Gohres Recreation Area Manager Stagecoach Community Park 3420 Camino de los Coches Carlsbad, CA 92009 Ph: 442-339-5024 kevin.gohres@carlsbadca.gov Description of Work Ship To Kevin Gohres Recreation Area Manager Stagecoach Community Park 3420 Camino de los Coches Carlsbad, CA 92009 Ph: 442-339-5024 kevin.gohres@carlsbadca.gov Sports Facilities Group to perform a 12 Step Basketball Structure Service Inspection on 6 basketball structures, a Gym Divider Curtain Service Inspection. Provide and install a new glass backboard and electric height adjuster at Stagecoach Community Center for the City of Carlsbad. 12 Step Basketball Structure Service Inspection: $2200.00 Gym Divider Curtain Service Inspection: $1400.00 Installation of Height Adjuster & Backboard: $1300.00 • Individual Prices Shown Only Valid if Done in Conjunction/Same day. Parts/Equipment # Qty SKU 1. 2. SEHA GBRUB-42 Installation Options Product Name STEEL ELECTRIC HEIGHT ADJUSTER ASSEMBLY 42" X 72" NON-BREAKABLE GLASS BACKBOARD Unit Price 1,095.00 975.00 Extended 1,095.00 975.00 12 STEP SERVICE TO INCLUDE: (6 Ceiling Mounted Basketball Structures) 1. Inspecting the goal for fatigue and testing the breakaway goals for proper function. 2. Checking the goal and backboard for regulation height and adjusting as needed. 3. Check the backboard for plumb and level as well as alignment with the court. 4. Inspecting the backboard, goal, and padding for CIF safety compliance as needed. 5. Inspecting all attachment hardware of the structure and tightening and replacing as needed. 6. Inspecting all the assembly hardware of the structure and tightening or replacing as needed. 7. Lubricating all pivot points and related mechanisms. 8. Inspecting the hoist mechanism(winches) for condition and secure attachment. 9. Inspecting and replacing as needed the hoist cable that supports the structure. 10. Adjust the limit switches in electric winches as needed if so equipped. 11. Test-operate and inspect the operation switches for electric winches if so equipped. 12. Inspect any safety strap type mechanisms, if so equipped, for proper function. DIVIDER CURTAIN SERVICE TO INCLUDE: Check all attachment and assembly hardware, adjust roll-up straps as needed for even operation of the curtain, check and re-set as needed motor limit switches, check motor/gearbox for proper lubrication and add as needed, check top and bottom batten tubes in curtain for proper attachment, and test operate curtain for proper operation. • Detailed measurements will be taken for replacement of new curtain material and then quoted separately. Remove and dispose of the existing glass backboard and electric height adjuster on the East side court. • Provide and install a new Jaypro electric height adjuster in the same location. -Provide and install a new Jaypro 42" x 72" glass backboard in the same location. Connect height adjusters to existing power sources and test operate for proper function. • Any repairs, upgrades or additions to ale power feeds to be performed by others/city tt required. PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 9 of 10 DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 Exceptions BACKSTOPS/CURTAIN Does not include replacement of any major components such as structural steel framing, backboards (besides the product quoted above), goals, padding, curtain material/straps or motor systems. These will be quoted separately for approval if found to need further attention. Included • Lift Rental • Prevailing Wage Rates Labor $4,900.00 Parts $2,070.00 Tax $160.43 Freight $700.00 Total $7,830.43 PWM24-2300FAC Stagecoach Basketball Structure & Gym Divider Page 10 of 10 DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 Sports Facilities Group Inc. Your Basketball structure safety Experts! 12 Step Basketball Structure Inspection Are Your Basketball Structures Safe? We offer a 12 step inspection for all types of basketball backstop structures in your gymnasium including wall mounted, ceiling suspended, retractable, side fold, stationary as well as portable units and some outdoor and pavilion mounted units. Our 12 step inspection includes the following: I. Inspecting the goal for fatigue and testing breakaway goals for proper function. 2. Checking the goal and backboard for regulation height and adjusting as needed. 3. Checking the backboard for plumb and level as well as alignment with the court. 4. Inspecting the backboard, goal, and padding for CIF safety compliance as required. 5. Inspecting all the attachment hardware for the structure and tightening or replacing as needed. 6. Inspecting all the assembly hardware of the structure and tightening or replacing as needed. 7. Lubricating all pivot points and related mechanisms. 8. Inspecting the hoist mechanism (winches) for condition and secure attachment. 9. Inspecting and replacing as needed the hoist cable that supports the structure. 10. Adjust the limit switches in electric winches as needed if so equipped. 11. Test-operate and inspect the operation switches for electric winches if so equipped. / 12. Inspect any safety strap type mechanisms, if so equipped, for proper function. Sports Facilities Group Inc. P. 0. Box 7024 Riverside, CA 92503 Phone: 866-311-7344 Fax: 951-637-8406 Info@SponsFacilitiesGroup.com www.SportsFacilitiesGroup.com Upon the completion of our 12 step inspection, we will prepare and submit to you a detailed report of the services performed and the condition of each stmcture, along with any recommendations for safety upgrades, repairs, or rule change requirements. To arrange an inspection and/or service of your Basketball structures, contact our office at 866-311-7344for prompt response and schedule of your facility. DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 ACORD" I ~ I ~ D □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 ~ ACORD" ~ I DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 DocuSign Envelope ID: D1F716CD-D7A0-40E3-A997-1C58AA982523 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY REP 02 COMF'ENSATION INSURANCE FUND Policy#: 9118720-22 RENEWAL SP HOME OFFICE SAN FRANCISCO EFFECTIVE DECEMBER 1, 2022 AT 12.01 A.M. 7-34-20-08 PAGE 1 OF ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AND EXPIRING DECEMBER 1, 2023 AT 12. 01 A.M. SPORTS FACILITIES GROUP INC. PO BOX 7024 RIVERSIDE, CA 92503 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: DECEMBER 2572 ~!.-5{ 1, 2022 d~,~~ .di~<:~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) OLD DP 217 1