HomeMy WebLinkAboutRobertson Recreational Surfaces; 2021-08-19; PKRC21-0727Tracking #:
KRUGER HOUSE TOT
LOT REPAIR: CONTRACT PKRC21-0727 -- 1 -- City Attorney Approved 2/29/2016
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
KRUGER HOUSE TOT LOT REPAIR: CONTRACT PKRC21-0727
This letter will serve as an agreement between Robertson Recreational Surfaces, a corporation (Contractor)
and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to
complete surface repairs on Kruger House Tot Lot playground surface
July 26, 2021 and City specifications, for a sum not to exceed four thousand nine hundred ninety-eight
dollars ($4,998). This work is to be completed within 30 working days after issuance of a Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License
2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold
harmless the City, and its agents, officers, officials, employees and volunteers, 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 this Contract or work; or from any failure or alleged failure of the
contractor to comply with any applicable law, rules or regulations including those relating to safety and
health; except for loss or damage which was caused solely by the active negligence of the City; and
from any and all claims, loss, damage, injury and liability, howsoever the same may be caused,
resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or
damage was caused solely by the active negligence of the City. The expenses of defense include all
costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution
method.
3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a
combined policy of workers compensation and Employers Liability in an insurable amount of not less
than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager
or the City Manager. Said 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. Insurance is to be placed with California admitted insurers that have a current Best's Key
Rating of not less than "A-:VII"; OR
Approved Surplus Line Insurers (LASLI) with a ratin
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners
(NAIC) latest quarterly listings report. Proof of all such insurance shall be given by filing certificates of
insurance with contracting department prior to the signing of the contract by the City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues,
Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor
Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to
include but not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this Contract.
5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California
False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et seq. ________ init ________ init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. ______ init ______ init
7. 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.
Tracking #:
KRUGER HOUSE TOT
LOT REPAIR: CONTRACT PKRC21-0727 -- 2 -- City Attorney Approved 2/29/2016
8. 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 the Section 1770, 1773
and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a
current copy of 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 the
execution of the work covered by this Letter of Agreement. 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.
9. City Contact: David Purcell, 760-809-1875
Contractor Contact: Temujin Matsubara, 760-434-2844
CONTRACTOR
CITY OF CARLSBAD, a municipal corporation
of the State of California
2414 West 12th Street, Suite 5
Tempe, AZ 85281
Phone: 760-809-1875
Fax: 602-340-0402
dpurcell@totturf.com
By: By:
(sign here) Parks & Recreation Director
Richard Hawley, VP
By: Dated:
(sign here)
Tom Whittier, Secretary
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must
sign for corporations. 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
Tracking #:
KRUGER HOUSE TOT
LOT REPAIR: CONTRACT PKRC21-0727 -- 3 -- City Attorney Approved 2/29/2016
Scope of Work
Repair 113 square feet poured in place (PIP) playground surface repairs due to fallen tree
includes a variety of wear course, cushion layer and subbase aggregate to color match existing
PIP surface.
square foot, 1 square foot
Color match 50/50 Tan/Black mix with aromatic
Existing pour in place (PIP) to be cut out and half the square foot will need to add aggregate
subbase as needed
All spoils will be hauled off and disposed by the contractor
Amount not to exceed $4,998.
C
2,000,000
08/01/2022
MKLV2PBC001196
SCF C67821877
10,000,000
ATL-005232640-04
1,000,000
10,000,000
SCF C67821919
X
43575
10,000,000
Tempe, AZ 85281
Aggregate
Atlanta, GA 30326
N
X
Comp/Coll Ded: $1,000
SIR $50,000 Per Occ.
08/01/2021
National Union Fire Ins Co. of Pittsburgh PA
0
08/01/2022
08/01/2021
22667
08/01/2022
CAL H25558030
Excess Umbrella
D
4,000,000
20702
2,000,000
(See Additional Page.)
20699
Indemnity Ins Co Of North America
1,000,000
X
E
favor of the additional insureds on the Workers Compensation policy, when required by written contract.
08/10/2021
15,000,000
08/01/2021
15,000,000
08/01/2021
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
X
08/01/2021
POLICY AGGREGATE
Carlsbad, CA 92008
City of Carlsbad
ACE American Insurance Company
0
Liability (via CG 2010 & CG 2037) and Automobile Liability (via CA T4 37) policies, when required by written contract. A Waiver of Subrogation applies in
X
A
ACE Fire Underwriters Insurance Company
F
ACE Property And Casualty Ins Co
CN102326389-RI-GAUWX-21-22
Each Occurrence
EXCLUDED
08/01/2022
1,000,000
XEUG71549501 003
SIR: $25,000 Per Project
D
4,000,000
35378
100,000
1,000,000
08/01/2022
WLR C67821956
RETENTION Umb Catastrophe $25,000
Two Alliance Center
Marsh USA, Inc.
X
3560 Lenox Road, Suite 2400
Attn: Atlanta.CertRequest@marsh.com / Fax: 212-948-4321
X
Attention: Maria Townson
Robertson Industries, Inc.
Suite 52414 W. 12th Street
X
X
BE 016159343
08/01/2021
1635 Faraday Avenue
08/01/2021
B
08/01/2022
19445
08/01/2022
Evanston Insurance Company
WLR C67821956 (AZ, FL, OR, WI)
SCF C67821877 (AK 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)
SCF C67821919 (CA AK AL CO GA IA IL IN KS KY MD MI MN MO MT NC ND NE NV NY OH OK PA PR SC TN TX UT VA WA WY)
Workers' Compensation (Continued):
Marsh USA, Inc.Attention: Maria TownsonRobertson Industries, Inc.
Suite 5
2414 W. 12th Street
Tempe,AZ 85281
Workers Compensation SIR of $150,000