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HomeMy WebLinkAboutRobertson Industries Inc; 2015-07-31; PKRC551Tracking #: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 This agreement is made on the 3\ day of Uulcf , 20 (S", by the City of Carlsbad, Califomia, a municipal corporation, (hereinafter callga "City"), and Robertson Industries, Inc. whose principal place of business is 2414 West 12* Street, Suite 5, Tempe, AZ 85281 (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 Proi>isions, 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 condifions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carisbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials fumished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Kyle Lancaster (City Project Manager) 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. 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 execution ofthe contract. The Prime 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. Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 Page 1 of 8 City Attorney Approved 4/11/15 Tracking #: CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN DIEGO REGION. 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 constmction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extracfion 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. In the event of conflict between the Contract and Pemnit 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. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the woric. He shall comply with all Federal, State and local laws, ordinances or oiles and regulations relating to the performance of said work. 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) pennit, Carlsbad Municipal code and the City of Carisbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. The Contractor shall indicate in his submittals methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulafions. If in the opinion of the project manager, the Contractor is not in compliance with this provision CITY reserves the right to implement BMP's to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% mari<up for administration and overhead. 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 Califomia 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. 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 years and that debannent by another jurisdictij; the City of Carlsbad to disqualify the Contractor or s^contrajjtor froni participaji Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City S^gpiRf^ertification of Commercial General Liability and Property Damage Insurance and a*'C^ificate of Woricers' 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 insurers that have a cun-ent 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 Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 Page 2 of 8 City Attorney Approved 4/11/15 Tracking #: Guide of at least "AX"; 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 offeite, 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 thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name tiie City of Carisbad 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. 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, directiy or indirectiy 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 directiy 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, Califomia. Start Work: Contractor agrees to start within 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 30 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Robertson Industries, Inc. 2414 West 12*" Street Suite 5 (name of Contractor) (street address) 667261 Tempe, fiZ 85281 (Contractor's license number) (city/state/zip) D12, expires 3/31/17 760-809-1875 (license class, and exp. date) (telephone no.) 602-340-0402 Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 Page 3 of 8 City Attorney Approved 4/11/15 Tracking #: (fax no.) dpurcell@totturf.com (e-mail address) 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 tiie terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Acsiotant City Manager, Bepaty City Manager or Dopartmont Diroetor M jutiiorized by the Oily Manager Kathryn B. Dodson ATTEST: (sign here) (print name/titie) BARBARA ENGLESON City Clerk 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 ofthe following two groups: Group A Chairman, President or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by tiie secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA /L-BREWERi-City Attorney Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 Page 4 of 8 City Attorney Approved 4/11/15 Tracking #: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and ttie portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-conti-actor for any portion of the Project to be perfonned under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perfonn such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of tiie woric, 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 Califomia Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract 1 V Total % Subconti-acted: Playground Surfoce Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 Page 5 of 8 City Attorney Approved 4/11/15 Tracking #: EXHIBIT B JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 $9.68/SF 2,190 SF Laguna Riviera Paric Playground Surface - furnish and install 1.5" Re-top $21,199.20 2 $9.40/SF 2,520 SF Calavera Hills Community Park Playground Surface - fumish and install 1.5" Re-top $23,688.00 TOTAL* $44,887.20 'Includes taxes, fees, expenses and all other costs. Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 Page 6 of 8 City Attomey Approved 4/11/15 Tracking #: Bond No. 106316186 EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of Califomia, has awarded to Robertson Industries, Inc. (hereinafter designated as the "Principal"), a Contract for: Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks CONTRACT NO. PKRC551 in the City of Carisbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of tiie City of Carlsbad and ail of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the fumishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of ttie work agreed to be done, or for any work or labor done tiiereon of any kind, the Surety on this bond wiil pay the same to the extent hereinafter set forth. NOW THEREFORE, WE, Robertson Industries, Inc., as Principal, (hereinafter designated as the "Contractor") and Travelers Casualty and Surety Company of America as Surety, are held finnly bound unto the City of Carlsbad in Uie sum of forty-four tiiousand eight hundred eighty-seven and 20/100 dollars ($44,887.20), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under ttie terms of the Contract by the City of Carisbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and adminisfrators, successors, or assigns, jointiy and severally, firmly by tiiese presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the perfomiance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with Califomia Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor perfonned under this Contract or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of tiie Unemployment Insurance Code with respect to ttie work and labor, that ttie Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent witti California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in Califomia Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying ttie same shall affect its' obligations on this bond, and It does hereby waive notice of any change, extension of time, alterations or addition to the tenns of the contract or to the work or to the specifications. Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 Page 7 of 8 City Attomey Approved 4/11/15 Tracking #: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from tts obligations under this bond. Executed by CONTRAaOR this. .day of 3UIN| ,20 CONTRACTOR: Robertson Industries, Inc. ame of Contractor) By:. (sign here) (print name here)' Executed by SURETY this 7th day of August , 20 15 . SURETY: Travelers Casualty and Surety Company of America (name of Surety) 1000 Windward Concourse, Suite 100; Atianta, GA 30005 (address of Surety) (678)317-7085 (titte and organization of signatory) By:. (telephone number of Surety) (sign here) (print name here) smnature of Attorney-ln-Jact) Sylvia M. Ogle (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and orgsnization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certifled by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVEO CELIA A. Bi City Attorm Playground Surface Repair at Laguna Riviera and Calavera Hills Community Parks; CONT. NO. PKRC551 Page 8 of 8 City Attorney Approved 4/11 /15 TRAVELERSJ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company IVavelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 227882 Certificate No. 005872054 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Gary D. Eklund, Chaun M. Wilson, William G. Moody, D-Ann Kleidosty, Sylvia M. Ogle, Sharon J. Potts, and Brooke A. Knowles of the City of . Atlanta _, State of_ Georgia , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this , day of Apri' , 2014 . 16th Farmington Casualty Company Fidelity and Guaranty lD.surance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. j Z • — ] o 1 Robert L, Raney, Senior Vice President On this the. 16th . day of _ April 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc, St, Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016, ^ Marie C. Tetreault, Notary Public 58440-8-12 Printed In U,S,A, WARNING: THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc, St, Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, and it is FURTHER RESOLVED, that any bond, recognizance, contract of indenmity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies s this 7^ day of C^^-^A-^ . 20 /3 ^ Kevin E, Hughes, Assistant Secretary To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www,travelersbond,com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING; THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER All-Purpose Certificate of Acknowiedgment state of Georgia County of ^^"^ } On August 7, 2015 before me, Reva A, Johnson DATE NAME OF NOTARY PUBLIC personally appeared Sylvia M, Ogle 0 personally known to me - OR NAME(S) OF SIGNER(S) • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the data below is not required by law, it may prove valuable to pVrsons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER • Individual(s) • Corporate Officer: • Title(s) • Partner(s) 0 Attorney-in-Fact • Trustee(s) • Subscribing Witness • Guardian/Conservator • Other: DESCRIPTION OF ATTACHED DOCUMENT(S) Type of Document Labor and Materials Bond Number of Pages Date of Document August 7, 2015 Signer(s) Other Than Named Above Robertson Industries, Inc, SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Travelers Casualty and Surety Company of America State of County of CORPORATE ACKNOWLEDGMENT FOR PRINCIPAL , before me personally came e duly sworn, did depose ai; by nje duly s vr f ^ the con ^2^fJ^ to me known that he/she is the I corporafion'descri6fed in and which executed the above cfirporai was so affixed by order of the BoardoHJjfgstos*^ said corporation, and that he/she signed his/her named thereto by like orde Notary Public N9 6516 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FBANCISCO Amended Certificate of Authority Tms Is TO CERTmr, That, pursuant to the Insurance Code of the State of Califomia, Travelers Casualty and Surety Company of America of Hartford, Connecticut , organized under the laws of Connecticut , subject to its Artides of Incorporation or other fundamental organizational documents, is hereby authorized to transact wtthin this State, subject to aU provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vetiicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of Califomia. THIS CEKTIFICA.TB is expressly conditioned upon the holder hereof now and hereafter being in fuU compliance with all, and not in viohaion of any, of the applicable laws and lawful requirements made under authority of the laws of the State of Calif^ia as long as such laws or requirements are in effect and applicable, and as such laws and requirements rum are, or may hereafter be changed or amended. IN WITNESS WHEBEOF, effective as of the LsJt day of Ju.lY , I9J2_, I have hereunto set my hand and caused my otficial seal to be affixed this L!} .t.n_. iby of J;'m IdJU. By <,hmli3cation wth tlia Secrclary <A Sme mixst he accompliihcd ,)i rftqiiSrfid iiVLfliaJC.iiW«iSQ t.o promptly ifter isnianca ol thit CertiflcitB ol .\uthnnty. K.ilhire to do so ^viU he a -.TokHoo of Ini. •md WiU be sroiimis for tsvokln.i? ihii Certificato nf .•\iithorirv pursuant ta tlie oovenatiti made ia th^ppUcatioa 'ierefar ind the conditions vontnincd herem. Cotie 701 PROPOSAL # 15-15921 Robertson Recreational Surfaces A p[jayCORE' COfflpany Date Issued: 7/7/2015 Robertson Industries, Inc 2414 West 12th Street, Suite 5 Tennpe, AZ 85281 (800) 858-0519 FX: (602) 340-0402 wvvw.totturf.com TOTTURF Project Name: Carlsbad - Laguna Riviera & Calavera Parks 1.5" Retop - PREVAILING wages~REV Address: Kelly Dr-Park Dr & 2997 Glasgow Dr, Carlsbad, CA Site Contact: Rodney Nishimoto Contact Pii#: (760) 802-4568 Fax#: Contact Email: Sales Representative Name: David Purcell Phone: (760) 809-1875 Fax: (602) 340-0402 Email: dpurcell(gtotturf.com Scope: See page 2 for detailed scope information Product Name Line Description Quantity Sales Price Total Price Maintenance Laguna Riviera Pk: 1.5" Retop at Prevailing Wages per p. 2 Scope 2,190.00 $9.68 $21,199.20 Maintenance Calavera Pk: 1.5" Retop at Prevailing Wages per p. 2 Scope 2,520.00 $9.40 $23,688.00 Grand Total $44,887.20 PRICE EXPIRES: 9/5/2015 CONTRACTOR'S LICENSE NUMBERS: AZ: ROC091920, CLASS L-05 ~ CA: 667261, CLASS C/64 D/64 and C/61 D/12 FL: CGC 038554 ~ NV: 42331, CLASS C25 C40 0\ Page 1 of 4 PROJECT SCOPE PROPOSAL # 15-15921 PROJECT NAME: Carisbad - Laguna Riviera & Calavera ParlSSfrfl\yiATED INSTALL DATE: 09/2015 PROJECT ADDRESS: Rell(srd>fffaBVB^li^B^97aQteda5^Dr. Carisbad, CA PROJECT CONTACT: Rodnev Nishimoto PHONE: (760) 802-4568 EMAILADDRESS: FAX: 1. PRODUCT: Aromatic Additional Products: 2. URETHANE: Aromatic 3. TOTAL SQUARE FOOTAGE: 4,710 Total # of Pads: 2 Pad#1 SF: 2,190 Pad #2 SF: 2,520 4. TURNDOWN: Yes 5. DEPTH OF SYSTEM: 1.5 Pad #3 SF: Pad #4 SF: if YES, LF: 456.00 Pad #1 Depth: Pad #2 Depth: Pad #3 Depth: Pad #4 Depth: 6. WEAR COURSE COLORS: 50/50 tan/blk Pad #1 Color Pad #2 Color Pad #3 Color Pad #4 Color: 7. LAYOUT/DESIGN: N/A / N/A 8. SITE ACCESSIBILITY: More than 25', No Stairs 9. SUB BASE TYPE: ??? 10. DEMOLITION: N/A 11. EXCAVATION: No 12. SAWCUTTING: No 13. WASTE DISPOSAL: N/A 14. SECURITY: No 15. FALL HEIGHT/ATTENUATION TESTING: N/A 16. WAGE TYPE: Federal Prevailing 17. UNION CONTRACT: 18. BONDING REQUIRED: Yes 19. WARRANTY: 2 year PROJECT SCOPE NOTES: 1.5" Retops (1" cushion layer to stabilize cracks and holes + 1/2" wear course with 50/50 tan/black mix with aromatic urethane); entire area will be covered with new rubber and will look and perform as new * Good Access, PREVAILING Wages; includes tax, includes Bond Laguna Riviera Park ~ 1.5" Retop * At large playground Furnish and Install 2,190 SF (1,850 SFSF + 227 LF at 18" wide of turn down) of 1.5" Retop Calavera Park ~ 1.5" Retop * Furnish and Install 2,520 SF (2,150 SFSF + 247 LF at 16" wide of turn down) of 1.5" Retop EXCLUSIONS: temporary constr. fencing and 24-hour security, aliphatic urethane. Roll Coat at Laguna Riviera small piygrd TOTAL PRICE: $44,887.20 Customer Signature/Title: .Date- (Payor) Page 2 of 4 TERMS & CONDITIONS PROPOSAL # 15-15921 Robertson Industries, Inc. is an IPEMA (International Play Equipment Manufacturers Association) certified manufacturer. Our Products meet or exceed all ASTM F-1292 and ASTM F-1951 standards, as well as all CDC and ADA standards, as they apply to safety surfacing and playgrounds. Robertson Industries' installers have been drug-screened, background checked and E-Verified. Installers have successfully undergone safety and OSHA training. Records available upon request. See product specifications for specific detailed product and installation information. Product specifications are available from your Sales Contact. Material samples will be provided upon request. 1. Quote is based on the information provided here within and is subject to change based on final installation unless otherwise indicated in writing. Any changes or additions to this proposal will affect pricing. 2. In the event that a change in color, color percentage, thickness, or square footage is requested, a revised proposal and/or purchase order will be required before installation can begin. 3. Changes to the proposed scope not agreed to here within or separately in writing may result in additional charges (change order). Work cannot commence until the Change Qrder(s) are fully executed . 4. ANY additional site work not included here within, including sub base, is the responsibility ofthe owner. 5. Job site access must be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler, and/or water systems must be shut off 24 hours before install and remain off until 24 hours after the installation has completed. 6. Additional charges for downtime/stand-by may be assessed in the event that installation is delayed due to the site not being ready as scheduled or if installation is interrupted for reasons other than those related to weather or general public emergencies. 7. Security during install and upon completion is the responsibility ofthe owner, unless specified otherwise in Project Scope. 8. Any excess material at the job site upon completion is property of Robertson Industries, Inc., unless othenwise noted here within. 9. Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments. 10. Scheduling and crew deployment is subject to local weather conditions. 11. Warranty will NOT be issued unless "Completion Sheet" is signed. 12. All projects over $2,500.00 will be issued a preliminary lien. Installation Exclusions, unless otherwise noted in Project Scope (page 3). Permits/Licensing Builders Risk Insurance/ Additionally Insured OCIP Waivers of Subrogation Bonding State or Federal (Davis Bacon) Wages Union Fees (PLA/PSA Contracts) Engineering Fall Height/Attenuation Testing Fencing/Security Excavation and Site Work/Preparation Demolition Drainage Waste/Dumpsters Rooftop Installations Extended Warranty Third-Party Playground Inspections INITIALS Page 3 of 4 PROPOSAL ACCEPTANCE PROPOSAL # 15-15921 Robertson Industries, Inc. 2414 West 12th Street, Suite 5, Tempe, AZ 85281 (800) 858-0519, FX: (602) 340-0402, vw^.totturf.com ACCEPTANCE: I agree to the scope and details as provided for the abovementioned proposal as well as the terms outlined in this agreement. I am duly authonzed by to approve and accept this proposal as stated. SIGNATURE: DATE: PRINTED NAME: TITLE: COMPANY NAME: BILLING CONTACT: ADDRESS: PHONEi FAX: EMAIL: • CONTRACT • PURCHASE ORDER • OTHER will follow this signed proposal. PAYMENT TERMS: Payment may be made via Check, Cash, or Credit Card. Customers requesting a line of credit must submit a credit application and/or a 50% deposit. Credit applications can be obtained from your sales representative. Please attach a copy of your TAX EXEMPT CERTIFICATE if you or your company is claiming tax exemption. TOTAL PURCHASE AMOUNT: $44,887.20 CREDIT CARD INFORMATION: Type: O Visa Master Card Card #: Exp Datej 3-Digit Security Code: Authorized Amount and Date for Charge: Name (as it appears on card): Signature: Date: Issue all POs, Contracts, and payments to ROBERTSON INDUSTRIES, INC. Send ALL completed forms back to your Sales Representative; David Purcell Fax: (602) 340-0402 dpurcell@totturf.com Page 4 of 4