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HomeMy WebLinkAboutRobertson Recreational Surfaces; 2021-04-23; PKRC21-0324Tracking #: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 , This agreement is made on the r ,p day of CitV,_/„,) , 20_2J, by the City of Carlsbad, California, a municipal corporation, (hereinaftericalled "City"), and Robertson Recreational Surfaces whose principal place of business is 2414 West 12th 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 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: 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. PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 1 of 9 City Attorney Approved 1/22/2020 Signature: Print Name: Richard Hawley Tracking #: 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. 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. 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 debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or spbççntractor from participing in contract bidding. 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 thirty (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. PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 2 of 9 City Attorney Approved 1/22/2020 Tracking #: 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, 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 30 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 Recreational Surfaces (name of Contractor) 667261 (Contractor's license number) C61, D12 — 3/31/2023 (license class, and exp. date) 1000002700 (DIR registration number) 6/30/2021 (DIR registration exp. date) 2414 West 12'h Street, Suite 5 (street address) Tempe / AZ / 85281 (city/state/zip) 760-809-1875 (telephone no.) 602-340-0402 (fax no.) dpurcell@totturf.com (e-mail address) III ill III III III III PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 3 of 9 City Attorney Approved 1/22/2020 City Manager Pi P. ttAc-colz. By: (sign here) Richard Hawley, VP of Sales (print name/title) Tracking #: 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: ST —17 L.5•D (sign here) BARBARA ENGLESON Tom Whittier, Secretary ar‘"City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. La corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attorney BY: Deputy City Attorney PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 4 of 9 City Attorney Approved 1/22/2020 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 the 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-contractor 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 Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 5 of 9 City Attorney Approved 1/22/2020 Tracking #: EXHIBIT B SCOPE OF WORK Repair all poured in place (PIP) playground surface wear course, cracks, seams, gaps and holes to color match existing PIP surface. Furnish and apply TotTurf Aliphatic ReFresh roll coat to the existing PIP surface. This is a protective UV coating that seals, strengthens and adds extended life to the PIP surface. Procedure •PIP surface must be a 100% dry and surrounding irrigation off at least 48 hours in advance. •Use a gas-powered hand-held blower to remove any debris and loose granules from PIP surface. •Apply ReFresh urethane using a paint roller to seal pad and strengthen life expectancy. This will be applied in two coats; first coat going east to west and the second coat going north to south on the PIP surface. •Use a brush to apply ReFresh around equipment posts and poles to ensure good coverage and seal of PIP surface. •After applying ReFresh the product shall be allowed to cure for 72 hours before open access to the public. •All eleven (11) playgrounds include 10 SF of wear course patching with color matching 50/50 aromatic rubber. •Additional repairs are listed below. Site Location •Alga Norte Community Park O Rubber surface spot repair 30 SF + 20 LF edge separation with color matching 100% aliphatic rubber surface O Apply Aliphatic ReFresh roll coat 9,300 SF + 450 LF turndowns O Cost: $19,695.00 •Cadencia Park O Apply Aromatic ReFresh roll coat 410 SF + 80 LF turndowns O Cost: $1,725.00 •Calavera Hills Community Park O Apply Aromatic ReFresh roll coat 4,700 SF + 360 LF turndowns O Cost: $7,765.00 •Cannon Park O Rubber surface spot repair 20 SF with color matching 50/50 aromatic rubber O Apply Aromatic ReFresh roll coat 2,630 SF + 136 LF turndowns O Cost: $4,905.00 •Holiday Park; Kruger House O Rubber surface spot repair 10 SF with color matching 50/50 aromatic rubber O Apply Aromatic ReFresh roll coat 1,175 SF O Cost: $2,110.00 •Holiday Park; Scout House O Rubber surface spot repair 6 SF + 7 SF with color matching in two lines for 50/50 aromatic rubber O Apply Aromatic ReFresh roll coat 200 SF & 176 SF + 61 LF turndowns O Cost: $1,735.00 •Holiday Park; Main Park O Rubber surface spot repair 10 SF with color matching 50/50 aromatic rubber O Apply Aromatic ReFresh roll coat 2,150 SF + 229 LF turndowns O Cost: $3,920.00 PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 6 of 9 City Attorney Approved 1/22/2020 Tracking #: •Hosp Grove Park o Apply Aromatic ReFresh roll coat 500 SF + 120 LF turndowns o Cost: $1,815.00 •Laguna Riviera Park o Apply Aromatic ReFresh roll coat 1,850 SF + 227 LF turndowns & 226 SF + 47 LF turndowns o Cost: $3,875.00 •La Costa Canyon Park o Rubber surface edge repair 6 LF with color matching 50/50 aromatic rubber o Apply Aromatic ReFresh roll coat 1,490 SF + 194 LF turndowns & 470 SF + 94 LF turndowns o $3,850.00 •Stagecoach Community Park o Rubber surface edge repair 39 LF + 9 LF with color matching 50/50 aromatic rubber o Apply Aromatic ReFresh roll coat 980 SF + 58 LF turndowns & 390 SF + 67 LF turndowns & 131 SF + 54 LF turndowns + 6 FT x 4 FT swing insert o Cost: $4,125.00 •Labor & Materials Bond: $1,110.40 •Total Cost: $56,630.40 Excludes The city will provide temporary chain-link fencing around the playground perimeter before the start of the project. This will help to ensure no public access during the application and cure time (drying). Once the 72-hour cure time has been completed the temporary fencing will be removed and will be open for public use. Total Cost Not to Exceed $56,630.40 PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 7 of 9 City Attorney Approved 1/22/2020 Tracking #: EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Robertson Recreational Surfaces (hereinafter designated as the "Principal"), a Contract for: PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING CONTRACT NO. PKRC21-0324 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all 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 furnishing 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 the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Robertson Recreational Surfaces, as Principal, (hereinafter designated as the "Contractor"), and as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty-six thousand six hundred thirty Dollars and forty cents($56,630.40), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these 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 performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed 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 the Unemployment Insurance Code with respect to the work and labor, that the 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 with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California 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 the 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 terms of the contract or to the work or to the specifications. PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 8 of 9 City Attorney Approved 1/22/2020 Bond No. 800117625 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day Executed by SURETY this 2nd day of April , 20 21 . CONTRACTOR: Robertson Industries. Inc. SURETY: Atlantic Specialty Insurance Company name of ontr c •r) (name of Surety) 605 Highway 169 North, Ste 800, Plymouth, MN 55441 (sign here) (address of Surety) (952) 852-2431 By: (print name h /- < pltle and organization of signatory) (telephone number of Surety) (1,scruW.- (signature of Attor ey-in-FacU Camille M. Cruz, Attorney in Fact By: (sign here) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of (print name here) attorney) (title and ganization 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 certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Deputy City Attorney PARKS PLAYGROUND SURFACE REPAIR & PROTECTIVE SURFACE COATING; CONT. NO. PKRC21-0324 Page 9 of 9 City Attorney Approved 1/22/2020 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On 415 before me, /-1,0eik- uev— , Notary Public (He men name and title of the officer) personally appeared e -71-1raptevb U4-2 who proved to me on the basis of satisfadory 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . II Uzette Figueroa Notary Public - Arizona Msrioops Coun Commission Number M Comm. Ex. 10 11 2024 • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Aix limn; complics with current Cal ilinmia statutes regarding notary wording and, if ne;Ided should he completed and attached to tlw document, Acknowkdgments from other Shirrs may he completed tor documwas being sent to that state en long as the won/pig ikies not require the Calihuida notary to violate California notao, hnt. •State and County information must be the State and County where the document signer( s) personally appeared before the notary public for acknowledgment •Date of notarization must be the date that the signer(s) personally appeared which must also be the saute date the acknowledgment is completed *The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). •Print the name(s) of document signer(s) who personally appear at the time of notarization •Indicate the correct singular or plural forms by crossing off incorrect terms (i.e. he/she:they, is !aye ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. *The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. 6 Signature of the notary public must match the signature on file with the office of the county clerk 4.• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document 4* Indicate title or type of attached document, number of pages and date. 4. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •Securely anach this document to the signed document with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date_ CAPACITY CLAIMED BY THE SIGNER O Individual (s) Corporate Officer (Title) •Partner(s) ID Attorney-in-Fact Trustee(s) o Other (Notary Public Seal) WITNES&mv hand and official seal. ignature ion Expires: CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida } County of Palm Beach } On April 2, 2021 before me, Ana W. Oliveras , Notary Public (Here insert name and title ot the officer) personally appeared Camille M. Cruz who 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. atat6/.9/L70.6t.. ANA W. OLWERAS ... .°?1't Notary Public • State of Florida Commission # C+C 335313 6 My Comm. Expires May 15, 2023 4 .4 tritd!roi±ghLiattonaiNtary ... /itn. Notary Public Signature (Notary Public Seal) •My Commission Expires: May 15. 2023 • ADDITIONAL OPTIONAL INFORMAT ON INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding nowt): wording and, if needed, should he completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. •State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. •Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. •The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). •Print the name(s) of document signer(s) who personally appear at the time of notarization. •Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 14etshethet- is /we) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. •The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. •Signature of the notary public must match the signature on file with the office of the county clerk. 4. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 4. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •Securely attach this document to the signed document with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER EI Individual (s) O Corporate Officer (Title) O Partner(s) o Attorney-in-Fact o Trustee(s) O Other One Beacon INSURANCE CROUP Power of Attorney Surety Bond No: 800117625 Principal: Robertson Industries, Inc. Obligee: City of Carlsbad KNOW ALL MEN BY THESE PRESENTS. that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Minnetonka, Minnesota, does hereby constitute and appoint: Camille M. Cruz , each individually if there be more than one named, its true and lawful Attorney-in -Fact, to make, execute, seal and deliver. for and on its behalf as surety, any and all bonds, recegnizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of All SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") May execute for and in behalf of the Company any and all bonds. recognizances. contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at anytime remove any such Attorney-in-Fact and revoke all power and authority given to arty such Attorney-in- Fact. Resolved: That the Attorney-in-Fact may be given lull power and authority to execute-for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of tin Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to he valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF. ATLANTIC SPECIA1TY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be.affixed this twenty-ninth day of April, 2019. es. IN ,,, SS ,zi 4C; P OR. 4 j 1:?: SEA': 1'1 19- 1986 01 -V) `'.W vOiN t'ss" By STATE OF MINNESOTA HENNIPEN COUNTY Paul J. Brehm, Senior Vice President On this twenty-ninth day of April. 2019, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by Inc duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. Notary Public I. the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 2nd day of April 2021. 7,e3 SEAL 'en l 1986 ti 4$. -4- , CL- Christopher V. Jerry, Secretary - 0 ACCPREP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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). PRODUCER Marsh USA, Inc. Two Alliance Center 3560 Lenox Road, Suite 2400 Atlanta, GA 30326 Attn: Atlanta.CerlRequest@marsh.com /Fax: 212-948-4321 CN102326389-RI-GAUWX-20-21 CONTACT NANIE: PHONE FAX —fAir.._Noct: (AIC No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 11 INSURER A: Evanston Insurance Company 35378 INSURED Robertson Industries Inc. , Attention: Maria Townson 2414 W. 12th Street Suite 5 Tempe, AZ 85281 INSURER B: Travelers Property Casualty Company Of America 25674 INSURER C : ACE Property And Casualty Ins Co 20699 INSURER D : The Travelers Indemnity Company of America i 25666 INSURER E: National Union Fire Ins Co. of Pittsburgh PA 19445 INSURER F: Travelers Casualty And Surety Company 19038 COVERAGES CERTIFICATE NUMBER: ATL-005232640-00 REVISION NUMBER: 0 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. INSR LTR TYPE OF INSURANCE ADDL JNSI SUBR WVD POLICY NUMBER I POLICY EFF (MM/DO/YYTY) POLICY EXP (MM/DDNYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR MKLV2PBC000784 08/01/2020 08/01/2021 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 X SIR $50,000 Per Occ. MED EXP (Any one person) $ EXCLUDED PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY x 128-i LOG PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: POLICY AGGREGATE $ 10,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY -OWNED ONLY SCHEDULED AUTOS AUTOS TJ-CAP-9D897065TIL-20 08/01/2020 08/01/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X — BODILY INJURY (Per person) $ _ —! BODILY INJURY (Per accident) $ — NON PROPERTY DAMAGE (Per accident) $ 7 Comp/Coll Ded: $1,000 S C x UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE X00G71549501 002 08/01/2020 08/01/2021 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 25.000 $ B D p ' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORMARTNER/EXECUTIVE OFFICERMEMBEREXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS YIN N/A UB-2N106953-20-51-R UB-2N159031-20-51-K UB-7J602089-20-14-G (See Additional Page.) 08/01/2020 08/01/2020 08/01/2020 08/01/2021 08/01/2021 08/01/2021 .X 1 UFATUTE OTH- ER EL. EACH ACCIDENT $ 1,000,000 N EL. DISEASE - EA EMPLOYEE $ 1,000,000 below EL. DISEASE - POLICY LIMIT $ 1,000,000 E Excess Umbrella SIR: $25,000 Per Project BE 016159343 08/01/2020 08/01/2021 Each Occurrence Aggregate 15,000,000 15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of Carlsbad - 11 Parks Playground Surface Repair & Protective Surface Coating: Cont. No. PKRC21-0324 City of Carlsbad is listed as additional insured in regards to services performed by the Insured, on a primary and non-contributory basis on the General Liability (via CG 2010 & CG 2037) and Automobile Liability (via CA T4 37) policies, when required by written =tract. A Waiver of Subrogation applies in favor of the additional insureds on the Workers Compensation policy, when required by written contract. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee CD 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102326389 LOC #: Atlanta ACC)R0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA, Inc. POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Robertson Industries, Inc. Attention: Maria Tonson 2414 W. 12th Street Suite 5 Tempe,AZ 85281 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLES Certificate of Liability Insurance Workers" Compensation (Continued): UB-2N106953-20-51-R (AZ, FL, OR, WI) UB-2N159031-20-51-K (AK AL CO GA IA IL IN KS I<Y MD MI MN MO MT NC ND NE NV NY OH OK PA PR SC TN TX UT VA WA WY) UB-7J602089-20-14-G (AZ CA CO CT FL GA ID IL IN KS MD MI MN MO MT NC NH NM NV NY OK OR PA SC TN TX WV) Workers Compensation SIR of S150,000 ACORD 101 (2008/01) (") 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED: PLAYCORE GROUP, INC. EFFECTIVE DATES: 08-01-2020 TO 08-01-2021 POLICY NUMBER: MKLV2PBC000784 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract executed by both parties prior to loss All locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section ll — 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", "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(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.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 2.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: 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 © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 10 04 13 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 INSURED: PLAYCORE GROUP, INC. EFFECTIVE DATES: 08-01-2020 - 08-01-2021 POLICY NUMBER: MKLV2PBC000784 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 by both All locations parties prior to loss 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 37 04 13 INSURED: PLAYCORE GROUP, INC. EFFECTIVE DATES: 08-01-2020 - 08-01-2021 POLICY NUMBER: TJ-CAP-9D897065TIL-20 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 02 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.