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.
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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.
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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.
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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]
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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
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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.
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NAN/ANONEN/A
0.000.0
NAN/A NAN/ANAN/A
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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.
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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.
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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
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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.
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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