HomeMy WebLinkAboutC-6066 - Contract for Purchase and Installation of Synthetic Turf, Surface, and Flooring for the Bonita Creek Park Synthetic Turf Replacement ProjectSeptember 22, 2016
FieldTurf USA, Inc.
Attn: Tim Coury
825 Dewitt Avenue
Encinitas, CA 92024
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1949-644-3039 FAx
newportbeachca.gov
Subject: Bonita Creek Park Synthetic Turf Replacement Project - C-6066
Dear Mr. Coury:
On September 22, 2015, the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to release
the Labor & Materials Bond 65 days after the Notice of Completion had been recorded
in accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
September 29, 2015 Reference No. 2015000495200. The Surety for the contract is
Federal Insurance Company and the bond number is 8239-13-16. Enclosed is the
Faithful Performance Bond.
Sincerely,
��—
Leilani I. Brown, MMC
City Clerk
Enclosure
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 8239-13-16
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 3,058.00 , being at the
rate of $ 4_00 per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
FIELDTURF USA, INC. hereinafter designated as the "Principal," a contract for the
purchase and installation of FieldTurf synthetic monofilament turf (product codes FTRV-1 F
and FTRV-57S), in the City of Newport Beach, in strict conformity with the Contract on file
with the office of the City Clerk of the City of Newport Beach, which is incorporated herein
by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and Federal Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety`),
are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred
Sixty Four Thousand Four Hundred Thirty Six Dollars and 00/100 ($76+4,436.00)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount of the Contract, to be paid to the City of Newport Beach, its successors,
and assigns, 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
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors', administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify;
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the event
City is required to bring an action in law or equity against Surety to enforce the obligations
of this Bond.
Surety; for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
FieldTurf USA, Inc. Page D-1
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 25th day of March 2015 .
FieldTurf USA, Inc.
Name of Contractor (Principal) A'orized i natureIT' Ie
Federal Insurance Company
Name of Surety
Auttioi(zqIftentSignafu Z
15 Mountain View Road
Warren, NJ 07059
Address of Surety
(908)903-2000
Telephone
Jeffrey M. Wilson, Attorney -in -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST SE ATTACHED
APPROVED AS TO FORM:
�ffity .Attomey cA"" exbriis
FieldTurf USA, Inc, Page D-2
ACKNOWLEDGMENT
A notary pubiic 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
County of Jefferson } ss of
On March 25 2015 b � °`�T�
Anna Keith Childress Notary Public, personalty
JeffreyM. Wilson
proved to me on the basis of satisfactory evidence to be the person(s) whose na
subscribed to the within instrument and acknowledged to me that helshe/they executed` d
in his/her/their authorized capacity(ies), and that by his/her/their slgnatures(s) on the instrumeniii'ie
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 lowlom that the foregoing
paragraph is true and correct. Alabama
cleconWITNESS mV)2Vud offr
Signature MY COMMIS810N EXPIII 10/0312015 (seal)
ACKNOWLEDGMENT
A notary public or other officer ccmpletng 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.
Efate K(O,V/a"–&t 9-57 1 e �- of California
2QL.5 before me,
I/Ca�'✓l nG G— Notary Public, personally appeared
UP 6/e26-11 ! who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/theirauthorized capacity(les), and that byhisther/their signatures(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 ofCalifornia that the foregoing
paragraph is true and correct.
WITNESS my,'0ann rcial seal, r(Kwa
400
Signature L Mwe Ir W622
FieldTurf USA, Inc, AN� OCT Page
Chubb WER Federal Insurance Comps Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Mark W. Edwards, Ii, Alisa B. Ferris, Robert R. Freel, Ronald B. Gladrosich, W. Milton Smith, Jeffrey M. Wilson,
Evandia H. Woessner of Birminggham, Alabama; Robert Read Davis of Atlanta, Georgia; Richard E. Daniels of Pensacola,
Florida and Robert M. Verdin Gf Metairie, Louisiana ----------------------------------------------
each as their true and lawful Attorney- in- Fact to execute under such designation In their names and to aft their corporate seats to and deliver for and on their behalf as surely
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed In the course of business, and any
instruments amending or atering the same, and conseft to the modification or alteration of any Instrument referred to to said bonds of obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPA1&f, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 28 day of July, 2014. -.-1
��VM
r t -
,+Iap� —
�st
STATE OF NEW JERSEY
ss.
County of Somerset
On this 28th day of July, 2014before me, a Notary Public of New Jersey, personalty came David J. Edwards, to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY, the companlm which executed the foregoing Powar of Attorney, and the
said David J. Edwards, being by me duly swum, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VN31LANT INSURANCE
COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Pacer of Attorney are such corporate seals
and ware thereto affixed by authority of the By- Laws of said Companies; and that she signed said Paver of Atomey as Assistant Secretary of sale Companles by like authority;
and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr, subscribed to said
Power of Attorney is in the genuine handwneng of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence.
Notarial Seal
Extract from the ay- Laws of
O
BLIC OKATHERINENEWJE
DELAAR
NOTARY PUF NEW JERKY
No. 2318686
Cl1RNNS W EXPIn s July 18. 2M9 V Notary Public
CERTIFICATION
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'ANI powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
Signature of such officers may be engraved panted ar lithogrepthed. The signature of each of the following officers: Chainmen, President, any Vice President. any
Assistant Vice President, arty Secretary, any Assistant Secretary and the seal of the Camp" may be aimed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fad for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or cemrMate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and arty such paver so executed and certified by such facsimile signature and facsimile seal shag be valid and binding upon the Company
with respect to any bond or undertaking to which it Is attached.'
I, David J. Edwards, Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies")
do hereby certify that
(1) the foregoing extract of the By- Laws of the Companies is true and correct.
Ai) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant aro licensed in the U.S. Virgin Islands, and Federal is licensed in American
Samoa, Guam, Puerto Rico, and each Of the Provinces of Canada except Prince Edward Island and
(iii) the foregoing Power of Attorney is true, correct and in full faros and effect
Given under my hand and seals of said Companies at Warren. NJ this March 25, 2015
000
David J. Edwards, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM. VERIFY THE AUTHENTICITY OF TH15 BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS
Foen15-1M10225a-U GENCONSENT(rev.02-04)
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani Brown, CMC
December 3, 2015
FieldTurf USA, Inc.
Attn: Tim Coury
825 Dewitt Avenue
Encinitas, CA 92024
Subject: Bonita Creek Park Synthetic Turf Replacement Project C-6066
Dear Mr. Coury:
On September 22, 2015 the City Council of Newport Beach accepted the work for
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 65 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
September 29, 2015, Reference No. 2015000495200. The Surety for the bond is
Federal Insurance Company and the bond number is 8239-13-16. Enclosed is the
Labor & Materials Payment Bond.
La
'erely,
I Brow MC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-30059 Fax: (949) 644-3039 • www.newportbeachca.gov
EXHIBIT C
CITY OF NEWPORT BEACH.
13OND NO, 8239-13-16
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
FIELDTURF USA, INC. hereinafter designated as the "Principal," a contract for the
purchase and installation of FleldTurlsynthetic monofilament turf (product codes FTRV-1F
and FTRV-57S), in the City of Newport Beach, in strict conformity with the Contract on file
with the office of the City Clerk of the City of Newport Beach, which is incorporated herein
by this reference.
WHEREAS, Principal has 'executed or is about to execute the Contract and the
terms thereof require the furnishing of a fond, providing that If Principal or any of
Principal's subcontractors, shall fall to pay for any materials, provisions, or other supplies
used in, upon, for, 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 the undersigned Principal, and,
Federal Insurance -C= any duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven
Hundred Sixty Four Thousand Four Hundred Thirty Six Dollars and OOMOO
($764,436.00), lawful money of the United States of America, said sum being equal to
100% of the estimated amount payable by the City of Newport Beach under the terms of
the Contract; 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
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery 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, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted; withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specked in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 3554 of the Civil Code of the State of California,
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as
FieldTurf USA, Inc. Page 0-1
required by and in accordance with the provisions of Sections 3500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to be
performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond,
IN WITNESS WHEREOF, this instrument has been dulye> ec by the above
named Principal and Surety, on the 25th day of _ Ma i 2015 ,
FieldTurf USA, Inc.
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, NJ 07059
Address of Surety
(908)903-2000
Telephone
o K ? �%
Autho ' gent Signatu
I Is
Jeffrey M. Wilson, Attorney -in -Fact
Print Name and
NOTARYACKWOWLEDCMENTS OF CONTRACTOR,AND SURETY MUST BE
ATTACHED
APPROVED AS TO FORM:
VIQ
City.A.ttomey uM orlr��,r
FieldTurf USA, Inc, Page C-2
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.
MA
County of Jefferson I ss
On
20 15 befo
Notary Public, personally all —� I
proved to me on the basis of satisfactory evidence to be the person(s) whose narA
subscribed to the within .instrument and acknowledged to me that he/she/they executed I
in his/hher/the r authorized capacity(ies)', and that by his/her/their signatures(s) on the instn.
persor<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 EwIllix"that the foregoing
paragraph is true and correct. Alabama
((yWyITNESS m ha nd offici s 1.
DrYYY'1Q a t L 9:1 0 Jirtj
Signature (seat)
UYCOMISMONXWRpgInki nalh
ACKNOWLEDGMENT
A notary public or other officer completing thisn-44
certificata verifies only the identity of the individual who �, 6
signed the document to which this cert�cate, is
attached, and not the truthfulness, accuracy, or validity u8�`
of that document, ti21 s
Stele
Ss.
On
Of
2okt— before me,
Notary Public, personally appeared
f.if •� r.Pl'� L; l i who
proved to me an the bans of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/shafthey executed the same
in his/herttheir authorized capacity(ies), and that by his/her/their signatures(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 PERJURYunder the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESSmyficial seal.
V; _ yt�
ignature
(seal)
FieldTurf USA, Inc. Page C-3
WER Federal Insurance Comp; Attn: Surety Department
Chubb
` OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059
tt�e
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Mark W. Edwards, II, Alisa B. Ferris, Robert R. Freel, Ronald B. Ciadrosich, W. Milton Smith, Jeffrey M. Wilson,
Evondia H. Woessner of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia; Richard E. Daniels of Pensacola,
Florida and Robert M. Verdin of Metairie, Louisiana -------------- ----------------
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to alto: their corporate seats to and deliver for and on Meir behalf as surely
thereon or otherwise, bonds and undertakings and other wdngs o611pefory in the nature thereof (other than bail bonds) given or executed In the course of business, and any
Instruments amending or 8ttedng the same, and consents to the modification or alteration of any in atrument referred to In said bonds or obligations.
In witness Whereof, said FEDERAL INSURANCE COMPAW. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
Mese presents and affixed their corporate seals on this 28 day of July, 2014.
OavW.d:Eagwards, Asahsfant Secretary D oms. Jr.. Vice Presider
*00
STATE OF NEW JERSEY
as.
County of Somerset
on this 28th day of July, 2014 before me, a Notary Public of New Jersey, personally came David J. Edwards, to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the
said David J. Edwards, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate Seals
and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like aualodtf,
and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of mid Companies; and that the signature of David B. Norris, Jr., subscribed to said
Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of sad By- Laws and in deponent's presence.
Notarial Seal
Exhact from the By- Laws
KATHERINE J. ADELAAR
NOTARY PUBLIC OF NEW JERtiEy G/L/
No. 2310086
Commission Expires Ally 16.2M Worary Publ1D
CERTIFICATION
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'MI powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Mos President, jointly with the Secretary a an Assistant Secretary, under their respective designators. The
Signature of such officers may be engraved, printed or lithographed. The signature of each of the following oRcem Chairman. President, any Vice President. any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by faolmse to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- 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 attorney or cartlficata 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 upon the Company
with respect to any bond or undertaking to Which t Is attached--
1.
ttached-I, David J. Edwards, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies")
do hereby certify the
n the foregoing extract of the By- Lars of the Companies is true and correct
PQ the Companies are duly licensed and authodzed 10 transact surey business in all SO of the United States Of America and the District of Columbia and we
authorized by the U.S. Treasury Department; further, Federal and Vigilant are Nansed in the U.S. Virgin Islands, and Federal is licensed in American
Samoa, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and
(ii) the foregoing Power of Attorney is true, Correct and in full force and effect
Given under my hand and seals of said Companies at Warren, NJ this March 25, 2015
000
David J. Edwards, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS
FD= 15-10.02256-U GEN CONSENT(rw 02-14)
RECORDING REQUESTED BY AND Recorded in Official Records,
Orange County
WHEN RECORDED RETURN TO: Hugh Nguyen, ClerklRecordellll NO FEE
IIIIIIIIIIIIIIIIII II1� 111IIII Ill t�1111'111 1
City Clerk $R0007a5sa
City of Newport Beach 2015000495200 8:09 am 091291
100 Civic Center Drive 47 411 N12 1
Newport Beach, CA 92660 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Fieldturf USA of Calhoun, Georgia, as
Contractor, entered into a Contract on March 10, 2015. Said Contract set forth certain
improvements, as follows:
Bonita Creek Park Synthetic Turf Replacement Project C-6066
Work on said Contract was completed, and was found to be acceptable on
September 22, 2015 by the City Council. Title to said property is vested in the Owner and
r he Sorety for said Contract is Federal Insurance Company.
LLJ C:) s ` Public Works Director >.
City of Newport Beach
VERIFICATION
certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. n n
Executed on Sii�i �11��j at Newport Beach, California.
BY —
--
City Clerk
;EW
EW PORT
CITY OF NEWPORT BEACH
C CITY CLERK'S OFFICE
CgllpoRNP '' Leilani Brown, MMC
September 24, 2015
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following projects:
Bonita Creek Park Synthetic Turf Replacement Project - Contract No. 5856(A)
Bonita Creek Park Synthetic Turf Replacement Project - Contract No. 6066
Please record the enclosed documents and return to the City Clerk's Office.
Thank you.
Sincerely, )7]
U�'�"
Leilani I. Brown, MMC
City Clerk
Enclosures
100 Civic Center Drive . Post Office Box 1.768 . Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Fieldturf USA of Calhoun, Georgia, as
Contractor, entered into a Contract on March 10, 2015. Said Contract set forth certain
improvements, as follows:
Bonita Creek Park Synthetic Turf Replacement Project C-6066
Work on said Contract was completed, and was found to be acceptable on
September 22, 2015 by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Federal Insurance Company.
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. ��((
Executed on 59� //f at Newport Beach, California.
f V "TV 1 1", Nm%,
al ilm G,
CITY CLERK
CONTRACT WITH FIELDTURF USA, INC.
FOR PURCHASE AND INSTALLATION OF SYNTHETIC TURF, SURFACE, AND
FLOORING
FOR THE BONITA CREEK PARK SYNTHETIC TURF REPLACEMENT PROJECT
THIS PURCHASE AND INSTALLATION CONTRACT ("Contract') is made and
entered into as of this 10th day of March, 2015 by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City'), and FIELDTURF USA,
INC., a Florida corporation ("Contractor"), whose principal place of business is 175 N.
Industrial Boulevard, Calhoun, Georgia 30701, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. As part of the Bonita Creek Park Synthetic Turf Replacement project ("Project'),
City desires to purchase FieldTurf synthetic monofilament turf (product codes
FTRV-1 F and FTRV-57S) from Contractor and to engage Contractor for installation
of said products as detailed in the Scope of Work attached hereto as Exhibit A.
C. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Contract.
D. Contractor is a manufacturer and supplier of synthetic turf, surface, and flooring and
is awarded this Agreement via the State of California Multiple Awards Schedule
("CMAS") Agreement 4-06-78-0031 A.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SCOPE OF WORK
1.1 Contractor shall provide all tangible items and perform all the services
described in the Scope of Work attached hereto as Exhibit A and incorporated herein by
reference. As a material inducement to the City entering into this Contract, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that is shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality. For purposes of this Contract, the phrase "highest
professional standards" shall mean those standards of practice recognized by one or more
first-class firms performing similar work under similar circumstances.
FieldTurf USA, Inc. Page 1
1.2 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and all
utility and transportation services necessary for the Project.
1.3 In consideration of the payment of the Purchase Price and subject to all the
terms and conditions hereof, Contractor shall: sell to City and install FieldTurf synthetic
monofilament turf (product codes FTRV-1F and FTRV-57S) (hereinafter referred to as
'Products"), as listed and set forth in the Scope of Work attached hereto as Exhibit A and
incorporated in full by this reference.
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Contract
and Contractor shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit A. The failure by Contractor to meet this
schedule may result in termination of this Contract by City as outlined in Section 17 below.
2.2 Force Majeure. The time period(s) specified in Exhibit A for performance of
services rendered pursuant to this Contract shall be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including but not restricted to acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if
Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the cause of the delay. City shall ascertain the facts and extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if
in the judgment of the City such delay is justified. City's determination shall be final and
conclusive upon the parties to this Contract. In no event shall Contractor be entitled to
recover damages against City for any delay in performance of this Contract, however
caused, Contractor's sole remedy being extension of the Contract pursuant to this Section.
3. TERM
Unless earlier terminated in accordance with Section 18 of this Contract, this
Contract shall continue in full force and effect until completion of the services agreed to
herein or until November 30, 2016, whichever occurs first.
4. COMPENSATION
4.1 As full compensation for the performance and completion of the Project as
required by the Scope of Work, City shall pay to Contractor and Contractor accepts as the
full Purchase Price the sum of Seven Hundred Sixty Four Thousand Four Hundred
Thirty Six Dollars and 001100 ($764,436.00) ('Purchase Price'). Contractor shall not
receive any additional compensation unless approved in advance by the City in writing.
The City shall make monthly progress payments for labor as the Project work proceeds
based on the fee schedule set forth in Exhibit A.
FieidTurP USA, Inc. Page 2
4.2 Payment for Labor. Subject to the terms of Section 3 of this Contract, City
shall make monthly progress payments for labor as the Project work proceeds. Contractor
shall prepare monthly invoices reflecting labor done during the previous one-month period.
Payments for labor shall be based on the hourly rates and other fees set forth in Exhibit A.
4.3 Payment for Products Installed. Ninety percent (90%) payment for Products,
including any supporting materials installed on such Products, shall be payable upon
delivery to the City. Final ten percent (10%) payment for the Products shall be payable
upon installation of such Products at the City after such Products successfully pass
installation testing. Installation testing shall include third party geotechnical testing and
engineer inspection. Contractor shall prepare monthly invoices reflecting Products
delivered and/or installed during the previous one-month period.
4.4 All shipping and insurance costs to and from the installation sites are
included in the purchase price of the Project, as listed in Exhibit A. All payments to
shipping agents and for insurance fees shall be made directly by Contractor and the City
shall make no payments to any firm concerning the shipment, installation, and delivery of
hardware which is not a part of this Contract and for which exact payments are not
described. Contractor shall be responsible for all arrangements for the shipment of the
Products to the City, and/or movement of the Products and any tools and equipment
necessary to complete installation to the prepared site within the City. Contractor shall
also be responsible for removal of all debris and packing materials from the City site
resulting from the installation of the Products.
4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its
dates of installation to enable the City to prepare the installation sites for the Products in
accordance with the instructions of Contractor. The City shall complete site preparation
prior to the date of installation of the Products, and the site shall thereafter be available for
inspection and approval. All costs and expenses related to the site preparation shall be at
the sole expense of City.
4.6 Extra Work. Contractor shall not receive any compensation for Extra Work
without the prior written authorization of the City. As used herein, "Extra Work" means any
work that is determined by the City to be necessary for the proper completion of the
Project, but which is not included in the Purchase Price as specified in Exhibit A, and
which parties did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the hourly rates set forth in Exhibit
A.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Tim Coury to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
FieldTurf USA, Inc. Page 3
9110METITir,.MCd W,
This Contract will be administered by the Public Works Department. The Public
Works Director or designee shall be the Project Administrator and shall have the authority
to act for City under this Contract.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing services under this Contract. Any deviation from the materials described in
Exhibit A shall not be installed unless approved in advance by the City Project
Administrator.
7.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform the
services required by this Contract, and that it will perform all services in a manner
commensurate with community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them, unless caused by
the City's negligent acts, omissions, or willful misconduct.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause to the extent arising from the negligent acts, omissions, or
willful misconduct of the Contractor' or any subcontractor or supplier selected by the
Contractor.
8.3 Contractor shall indemnify, hold harmless, and defend City, its officers,
employees, agents, officers, representatives, employees and City Council, boards and
commissions, from and against: (1) any and all loss, damages, liability, claims, allegations
of liability, suits, costs and expenses for damages of any nature whatsoever, including, but
not limited to, bodily injury, death, personal injury, property damage, or any other claims to
the extent arising from any and all negligent acts or omissions or willful misconduct of
Contractor, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Contract; (2) use of improper materials in
performing this Project including, without limitation, defects in workmanship or materials
and/or design defects; and/or (3) any and all claims asserted by Contractor's
subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees
FieldTurf USA, Inc. Page 4
and all other costs incurred in defending any such claim. Contractor's liability in this
Subsection shall be limited to the maximum amount of its insurance coverage for claims
arising out non -negligent and non -intentional acts performed under this Contract.
Contractor shall not be held responsible for consequential or special damages, or claims
made to City for such consequential or special damages. Nothing herein shall require
Contractor to indemnify City from the negligence or willful misconduct of City, its officers or
employees.
8.4 Intellectual Property Indemnity - Contractor shall defend, indemnify and hold
City, its agents, officers, representatives, employees and City Council, boards and
commissions harmless from any proceeding brought against City for any intentional or
unintentional violation of the intellectual property rights of any third party with respect to
Products deliverables purchased in this Contract This indemnification shall include, but is
not limited to, infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Contractor's deliverables provided under this
Contract.
8.5 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the
system installation period. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
8.6 Contractor shall provide traffic control and access in accordance with
Section 7-10 of the State Standard Specifications and the latest edition of the Work Area
Traffic Control Handbook (WATCH), as published by Building News, Inc.
8.7 Traffic control and detours shall at a minimum meet the following
requirements:
8.7.1 Emergency vehicle access shall be maintained at all times.
8.7.2 The locations and wordings of all barricades, signs, delineators,
lights, warning devices, parking restrictions, and any other required details shall ensure
that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of
inconvenience to the public.
8.7.3 All advanced warning sign installations shall be reflectorized and/or
8.7.4 Traffic signal system shutdown or planned "red flash" shall be limited
to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday
through Thursday), except as authorized by the Project Administrator.
8.7.5 "STOP AHEAD" and "STOP" signs shall be furnished by the
Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area
Signs," of the State Standard Specifications except that the base material for the signs
FieldTurf USA, Inc. Page 5
shall not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed
for each direction of traffic. Locations of the signs shall be per the WATCH manual.
8.8 Nothing in this Section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Contract, except to the extent
provided in Section 7.3 above.
8.9 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
City has retained Contractor as an independent contractor and neither Contractor
nor its employees, nor any of its subcontractors, are to be considered employees of the
City. The manner and means of conducting the work are under the control of Contractor,
except to the extent they are limited by statute, rule or regulation and the express terms of
this Contract. No civil service status or other right of employment shall accrue to
Contractor or its employees.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Contractor on the Project.
11. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit B, and incorporated herein by reference.
12. BONDING
12.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred
percent (100%) of the total amount to be paid Contractor as set forth in this Contract and
in the form attached hereto as Exhibit C which is incorporated herein by this reference;
and a Faithful Performance Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in this Contract in the form attached hereto as
Exhibit D which is incorporated herein by this reference.
12.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
FieldTurf USA, Inc. Page 6
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
12.3 The Contractor shall deliver, concurrently with execution of this Contract, the
Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
13. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime work for each craft or type of workman needed to execute the work contemplated
under the Contract shall be paid to all workmen employed on the work to be done
according to the Contract by the Contractor and any subcontractor. In accordance with
the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft, classification, or type of workman or mechanic needed to
execute the Contract. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
14. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Contract shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the services to be
provided under this Contract shall not be otherwise assigned, transferred, contracted or
subcontracted out without the prior written approval of City.
15. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or his/her designee with respect to such disputed sums.
FieldTurf USA, Inc. Page 7
Contractor shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
16. CONFLICTS OF INTEREST
16.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
16.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of
this Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractors violation of this Section.
17. NOTICES
17.1 All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first-class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to City
shall be addressed to City at:
Attention: David Webb
Public Works Department
City of Newport Beach
100 Civic Center Dr.
P.O. Box 1768
Newport Beach, CA 92658
17.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Tim Coury
FieldTurf USA, Inc.
825 Dewitt Avenue
Encinitas, CA 92024
18. TERMINATION
18.1 Termination With Cause - In the event that either parry fails or refuses to
perform any of the provisions of this Contract at the time and in the manner required, that
party shall be deemed in default in the performance of this Contract. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar days are
FieldTurf USA, Inc. Page 8
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice
of default, specifying the nature of such default and the steps necessary to cure such
default, the non -defaulting party may terminate the Contract forthwith by giving to the
defaulting party written notice thereof.
18.2 Termination Without Cause. Notwithstanding the above provisions, City
shall have the right, at its sole discretion and without cause, of terminating this Contract at
any time by giving seven (7) calendar days prior written notice to Contractor. In the event
of termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred in the performance of such services up to the effective date
of termination for which Contractor has not previously been paid. In the event of
termination under this Section, City shall also pay Contractor for all Products, associated
materials, and hardware delivered to City site under this Contract that City deems usable.
19. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract by Contractor is a representation that Contractor has
visited the Project site(s), has become familiar with the local conditions under which the
work is to be performed, and has taken into consideration these factors in submitting its
Project proposal and Scope of Work.
20. WARRANTY
20.1 Contractor warrants to City that all Products to be delivered hereunder will
be free from defects in material or workmanship and will be of the kind and quality
designated or specified by Contractor in Exhibit A. The warranty shall apply only to
defects appearing within two years from the date of final acceptance by City for hardware
products not manufactured by the Contractor, and two years from the date of final
acceptance by City for hardware products manufactured by Contractor. If Contractor
installs the Products and associated hardware and materials, or supplies technical
directions of installation by contract, the warranty period shall run from the date of final
acceptance of installation by City, provided same is not unreasonably delayed by City.
20.2 If Contractor -manufactured equipment delivered hereunder does not meet
the above warranty, and if City promptly notifies Contractor in writing, Contractor shall
thereupon correct any defect, including non-conformance with the specifications, either (at
its option) by repairing any defective or damaged parts of the equipment, or by making
available any necessary replacement parts, delivered and installed without additional
charge to City within seven (7) working days. City will return the defective product to
Contractor, at Contractor's expense. Contractor shall repair or replace the defective item
and return it to City, shipping costs prepaid. Contractor shall perform any necessary
testing, hardware and equipment removal, repair, replacement, certification, and
installation at no cost to the City during the warranty period, using Contractor's equipment.
FieldTurf USA, Inc. Page 9
20.3 The foregoing warranty is exclusive and in lieu of all other warranties,
whether written, oral, implied or statutory. Contractor does not warrant any equipment of
other manufacture designated by City.
21. REPRESENTATIONS
21.1 Non -infringement. Contractor represents that to the best of its knowledge
the technology embodied in the products sold herein does not infringe upon a United
States patent or United States copyright in effect as of the Effective Date.
21.2 Authority. Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Contract; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever
materially affect the enforceability of this Contract or the rights, duties and obligations of
the parties hereunder; and (c) that the execution, delivery and performance of this
Contract will not constitute a breach or default under any agreement, law or court order
under which such party is a party or may be bound or affected by or which may affect the
rights, duties and obligations hereunder.
21.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
22. CONFIDENTIAL INFORMATION.
22.1 Confidential Information. In the performance of this Contract or in
contemplation thereof, the parties and their respective employees and agents may have
access to private or confidential information owned or controlled by the other party and
such information may contain proprietary details and disclosures. All information and data
identified in writing as proprietary or confidential by either party ("Confidential Information")
and so acquired by the other party or its employees or agents under this Contract or in
contemplation thereof shall be and shall remain the disclosing party's exclusive property.
The recipient of Confidential Information shall use all reasonable efforts (which in any
event shall not be less than the efforts the recipient takes to ensure the confidentiality of its
own proprietary and other confidential information) to keep, and have its employees and
agents keep, any and all Confidential Information confidential, and shall not copy, or
publish or disclose it to others, nor authorize its employees, agents or anyone else to copy
or disclose it to others, without the disclosing party's written approval; nor shall the
recipient make use of the Confidential Information except for the purposes of executing its
obligations hereunder, and (except as provided for herein) shall return the Confidential
Information and data to the first party at its request. The City's duty to maintain
confidentiality as described hereunder shall be subject to the laws of the State of
California.
22.2 Excluded Information. The foregoing conditions will not apply to information
or data which is, or which becomes generally known to the public by publication or by any
means other than a breach of duty on the part of the recipient hereunder, is information
FieldTurf USA, Inc. Page 10
previously known to the recipient, is information independently developed by or for the
recipient or is information generally released by the owning party without restriction.
22.3 Right to Iniunctive Relief. Because of the unique nature of the Confidential
Information, the parties agree that each party may suffer irreparable harm in the event that
the other party fails to comply with any of its obligations under this Section, and that
monetary damages may be inadequate to compensate either party for such breach.
Accordingly, the parties agree that either party will, in addition to any other remedies
available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of
this Section.
23. ASSIGNMENT
This Contract shall not be assigned by any party, or any party substituted, without
prior written consent of the City and the Contractor.
24. STANDARD PROVISIONS
24.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
24.2 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
24.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
24.4 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
24.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and the Scope of Services or any other attachments
attached hereto, the terms of this Contract shall govern.
24.6 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
FieldTurf USA, Inc. Page 11
24.7 Amendments. This Contract may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City
Attorney.
24.8 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
24.9 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
24.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
24.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Contract, the prevailing party shall not be entitled to attorneys' fees.
24.12 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
FieldTurf USA, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on
the dates written below.
APPROVED AS TO FORM:
CITY ATTOFZNFY OFFICE
Date:
Qy:
L�
Aaron C. Harp CA
City Attorney
ATTEST:
Date: 5 -Ida,�5
: ►. l& ►
:•
Citv Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 15-2b - 20 lti
By: r� An 2 L
Edward D. Selich
Mayor
CONTRACTOR: FieldTurf USA, Inc., a
Florida corporatioT
Date: dl
By:z
Eric Daliere
Chief Executive Officer/ President
M=1
[END OF SIGNATURES]
ary
Attachments: Exhibit A — Scope of Services
Exhibit B — Insurance Requirements
Exhibit C — Labor and Materials Payment Bond
Exhibit D — Faithful Performance Bond
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
Fieldturf Tarkett CMAS Offer—Bonita Creek Sports Park
Contract #4-06-78-0031A
To supply and install FieldTurf Revolution, product code FTRV-1F (2.5") and
FTRV-57S (2.25")
a. Field sizes: 2 fields: 82,509 sf & 74,845 sf / 157,354 total square feet.
b. To supply and install FieldTurf monofilament grass with our exclusive
"Revolution" fiber for football / soccer / softball to be installed on a base prepared
according to RJM's specifications.
c. All of the necessary infill ingredients will be supplied by FieldTurf.
d. The panel seams will be sewn together by hand onsite.
e. The color of the fields will be green with markings for sports per RJM drawings.
f. The markings for each sport will be permanently installed as specified.
g. The cost of all materials and deliveries are included in this price.
A) BASE CONDITIONS
1. FieldTurf USA, Inc. will provide the specifications for the field installation.
2. The base is to be completely prepared prior to the arrival of FieldTurf's
installation crew.
3. A FieldTurf representative will occasionally be on site during the base
construction process to work with the general contractor and provide support to
insure specifications and schedules are met.
B) INSTALLATION CONDITIONS
1. Precise measurement of the fields is required to properly manufacture the rolls of
grass. This contract is based upon dimensions provided by RJM Architects; final
installation dimensions may vary based upon detailed plans.
2. FieldTurfs installation crew is to have uninterrupted access to the fields during
the installation period.
3. Field of play lines will be located and marked by stakes by the GC prior to
installation and a drawing of the layout of the lines is to be provided.
4. Any underground wiring for the lighting system or any other underground use
must be installed prior to our installation.
5. No unauthorized access to the fields, (i.e.: play, traffic, etc.), will be allowed prior
to the signing of the Certificate of Completion. No vehicles are to circulate on the
field once the installation is ready to begin.
6. Any strike or act of God that affects the delivery or the installation shall not be the
responsibility of FieldTurf.
FieldTurf USA, Inc. Page A-1
7. Any resulting increased costs incurred shall be borne by the Purchaser.
8. The exact address for the delivery of materials and installation of FieldTurf is the
site address unless stated otherwise.
9. When the site is readied for a pre -installation walk through, another
measurement will be taken and the size of the fields to be installed will be altered
accordingly.
10.FieldTurf will attend progress meetings at inspector's request during the base
construction of the field and work closely with RJM and the general contractor to
insure specification / design compliance.
C) OTHER CONDITIONS
1. This contract is being offered in US Dollars.
2. Field production and installation crew scheduling will commence upon receipt of
accurate drawings, electronic artwork, and specifications from RJM and a Purchase
Order from the customer.
3. FieldTurf will require weekly written updates on the progress of the base/drainage
system installation for the last six weeks prior to FieldTurf installation work
commencement, in order to properly schedule for this installation.
4. A secure, paved staging area approximately 8-10,000 square feet will be required for
FieldTurf installation crews, within the parking lot area of the work site. If necessary
FieldTurf Will supply Security for this area. This is based on a single mobilization. If the site is not ready
and additional mobilizations are necessary additional charges will apply. L�
5. All CMAS General Provisions apply.
6. FieldTurf USA, Inc. ("Contractor") requires a minimum of twenty-one (21) days after receiving final approvals on shop
drawings to manufacture, coordinate delivery and schedule arrival of installation crew. Contractor further requires at least
twenty-eight (28) days to install the synthetic turf product, subject to delays due to weather and foreajeure.
7. The Contractor shall be entitled to recover all costs and expenses, including attorney fees, associated with collection
procedures in the event the Contractor pursues collection of payment of any past due invoice.
8. To assist Contractor to request and obtain the applicable field warranty, the City undertakes to sign Contractor's
Certificate of Completion in the form currently in force, a copy of which is attached hereto as Schedule A to this
Addendum. To accomplish this purpose, the City will ensure that an authorized representative be present at the walk-
through to determine substantial completion and acceptance of the field, which may include a list of alleged unfinished
details. n
FieldTurf USA, Inc. Page A-2
FEE SCHEDULE
REGULAR TURF PRICING PRODUCT # FTRV-1 F 2.5") & FTRV-57S 2.25"
Regular Turf Price: $764,646.00
Permanent Markings: $35,500
Maintenance Equipment: Groomer & Sweeper $13,000
Tax on Material (8%) $44,808
Bonding (1.25%) $10,724
REGULAR PRICE TOTAL $868,678.00
CMAS TURF PRICING PRODUCT # FTRV-1 F 2.5" & FTRV-57S 2.25"
CMAS cost per square foot FTRV-1 F (2.5"): $4.55 x 82,509 sf = $375,416
CMAS cost per square foot FTRV-57S (2.25"): $4.40 x 74,845 sf = $329,318
Permanent Markings:
Soccer (2 Sets)
Football (1 Set)
Softball (1 Set)
Maintenance Equipment
CMAS Admin Fee
Tax on Material (8%)
Bonding (1.25%)
Groomer & Sweeper
n/c ($12,150 multi -field discount)
n/c ($14,200 multi -field discount)
n/c ($7,000 multi -field discount)
$10,000
included
$40,265
$9,437
"CMAS Savings: <$104,242.00> (does not include general contractor mark-up of a traditional bid)
This quote excludes any design costs, base/drainage system installation costs, other
unforeseen costs.
FIELDTURF GUARANTEE IS 8 YEARS FOR PREMATURE WEAR AND 8 YEARS FOR
UV DEGRADATION.
FieldTurf USA, Inc. Page A-3
EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employers Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
FieldTurf USA, Inc. Page B-1
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Contracts Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this Contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at anytime.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
FieldTurf USA, Inc. Page B-2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Contract, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
1. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
1 11 111111111119, —
FieldTurf USA, Inc. Page B-3
judgment may be necessary for its proper protection and prosecution of
the Work.
FieldTurf USA, Inc. Page B-4
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO, y
WHEREAS, the City of Newport Beach, State of California, has awarded to
FIELDTURF USA, INC. hereinafter designated as the "Principal," a contract for the
purchase and installation of FieldTurf synthetic monofilament turf (product codes FTRV-1 F
and FTRV-57S), in the City of Newport Beach, in strict conformity with the Contract on file
with the office of the City Clerk of the City of Newport Beach, which is incorporated herein
by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, 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 the undersigned Principal, and,
Federal Insurance Company _ duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven
Hundred Sixty Four Thousand Four Hundred Thirty Six Dollars and 001100
($754,435.00), lawful money of the United States of America, said sum being equal to
100% of the estimated amount payable by the City of Newport Beach under the terms of
the Contract, 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
present.
THE CONDITION OF THIS OBLIGATION iS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery 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, or for amounts
due under the Unemployment insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 0554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies.. and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as
FleldTurf USA, Inc. Page C -1y
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to be
performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations underthis Bond.
IN WITNESS WHEREOF, this instrument has been duly
named Principal and Surety, on the 25th day of Mai
FieldTurf USA, Inc. _
Name of Contractor (Principal) Authorized
0010,
Federal Insurance Company y
Name of Surety Authc z
15 Mountain View Road
Warren, NJ 07059
Address of Surety
(908)903-2000
Telephone
by the above
,2015 .
Jeffrey M. Wilson, Attorney -in -Fact
Print Name and Title
NOTARYACKNOWL.EDCMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
APPROVED AS TO FORM:
Clay .A_ttomey uM
FieldTurf USA, Inc. Page C-2
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 Alabama aa..°.
County of Jefferson )ss.
Aro .
On March 25th , 20 15 _ bald ~ 'e
Anna Keith Childress Notary Public, personally a Eke d9
Jeffrey M. Wilson 'a °
proved to me on the basis of satisfactory evidence to be the person(s) whose nam (s
subscribed to the within instrument and acknowledged to me that helshe/they executed YO
in his/her/their authorized capacity(ies), and that by his/herltheir signatures(s) on the rostrum IHO
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 009
0
1
I certify under PENALTY OF PERJURY under the laws of the State of =XNxthat the foregoing
paragraph is true and correct. Alabama
/WITNESS my hanSLand officrai s al.
Signature (seat)
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.
•-.:.. i r sib
On
20L'r�t_ before me,
Notary Public, personally appeared
lig„ 4 4( 71-) ( a t I 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(les), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which they 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 correot.
NJITNESS myyhand4n,�-d/4�cial seai.
Signature
(seal)
FieldTurf USA, inc. Page C-3
WEChubb POWER Federal Insurance Company Attn: surety Department
I OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Mark W. Edwards, II, Alisa B. Ferris, Robert R. Freel, Ronald B. Giadrosich, W. Milton Smith, Jeffrey M. Wilson,
Evondia H. Woessner of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia; Richard E. Daniels of Pensacola,
Florida and Robert M. Verdin of Metairie, Louisiana ---------------- ---------------
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed In the course of business, and any
instruments amending or aftering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMP%Y, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 28 day of July, 2014.
Monde
(01 N
STATE OF NEW JERSEY
ss.
County of Somerset
On this 28" day of July, 2014 before me, a Notary Public of New Jersey, personalty came David J. Edwards, to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the Companies which executed the foregoing Power of Attorney, and the
said David J. Edwards, being by me duty swum, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, that the seals affixed to the foregoing Pourer of Attorney are such corporate seals
and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;
and that she is acquainted with David B. Naris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said
Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence.
Notarial Seal
F{ KATHERINE J. ADEtAAR
pTARY �p NOTARY PUBLIC OF NEW JEFMV
x No.2318898
PI Iatk1G . CommfaaIM EyOss July 18, 2019
�. Notary Public
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman. 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 attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- 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 attorney 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 W such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached'
1, David J. Edwards. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies)
do hereby certify that
(1) the foregoing extract of the By. taws of the Companies is true and correct,
iI the Companies are duly licensed and authorind to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in American
Samoa, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect
Given under my hand and seals of said Companies at Warren, NJ this March 25, 2015
* 0 •e
David J. Edwards, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAtM VERIFY THE AUTHENTICITY OF THIS eOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS
Form 15 -10.022S8 -U GEN CONSENT (rev02-16)
EXHIBIT D
CITY OF
ACH
BOND « 8 '
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 3,058.00 being at the
rate of $ 4.00 per _ thousand of the Contract price,
WHEREAS, the City of Newport Beach, State of California, has awarded to
FIELDTURF USA, INC. hereinafter designated as the "Principal," a contract for the
purchase and installation of FieldTurf synthetic monofilament turf (product codes FTRV-1 F
and FTRV-57S), in the City of Newport Beach. in strict conformity with the Contract on file
with the office of the City Clerk of the City of Newport Beach, which is incorporated herein
by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and Federal Insurance Comp
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of Seven hundred
Sixty Four Thousand Four Hundred Thirty Six Dollars and 00!400 ($764,436.00)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount of the Contract, to be paid to the City of Newport Beach, its successors,
and assigns; 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.
present
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents;
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void,
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the event
City is required to bring an action in law or equity against Surety to enforce the obligations
of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
FieldTurf USA, Inc. Page D-1
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 25th day of March/ 2015 .
FieldTurf USA, Inc.
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, NJ 07059
Address of Surety
(908)903-2000
Telephone
Jeffrey M. Wilson, Attorney -in -Fact
Print Name and Title
NOTARYACKNOWLFDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
PROVED jA�S TO FO
V �-
e'kd ii
ltv Attomey cA"„ eT11trhs"
FieldTurf USA, Inc. _ Page D-2
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
County of Jefferson )Ss.
On March 25 20 15
Anna Keith Childress Notary Public,
proved to me on the basis of satisfactory evidence to be the person(s) whose nafge
subscribed to the within instrument and acknowledged to me that helshelthey executed'1
In his/her0eir authorized capacity(ies), and that by his/heritheir signatures(s) on the instru
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 XXKOM that the foregoing
paragraph is flue and correct. Alabama
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.
Stale i'k7V&-ZLC 0. t t2ue;-Ve C' of California
ss.
�J/__, l I '� - 20�� before me,
(1 GeR✓lnG __ Notary Public, personally appeared
.—. .__l AP !i�i� ��l ! who
proved to me on he basis of satisfactory evidence to be the person($) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/shelthey executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 taws of the State of California that the foregoing
paragraph is true and correct.
WITNESS. �1�yhan�n =o i�lseal.
/ my r(KMIM
Signature
nzo°rszz
Inc. �V- ._. o'er Page D-3
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Mark W. Edwards, II, Alisa B. Ferris, Robert R. Freel, Ronald B. Giadrosich, W. Milton Smith, Jeffrey M. Wilson,
Evondia H. Woessner of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia; Richard E. Daniels of Pensacola,
Florida and Robert M. Verdin of Metairie, Louisiana -------------------------------------------------
each as their true and lawful Attorney. in- Fact to execute under such designation In their names and to atrw their cerporate seats to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other wdfings obligatory in the nature thereof (other than bail bonds) given or executed In the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 28 day of Ju ly, 2014. 1.
6evidd^Edwards, Assistant Secretary
STATE OF NEW JERSEY
as.
County of Somerset
On this 280' day of JUIy, 2014 before me, a Notary Public of New Jersey, personally came David J. Edwards, to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power ofAdcmey, and the
said David J. Edwards, being by me duly swum, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, and PACIFIC INDEMNITY COMPANY and knows Ute Corporate seats thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seats
and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;
and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David S. Norris, Jr., subscribed to said
Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence.
Notarial Seal
F{KATHERINE
J. ADEIAAR
,01AR Y �y
NOTARY PUBLIC OF NEW JERUY
/ x
No. 23trr88b
®a 1Ll i�r .
Commission Expires Ally 18, 2Wg
J CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
Notaij Public
'Ail powers of attorney for and on behalf of the Company may and shall be executed in the name and an behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature or such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, 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 attorney or to any
certlficafe relating thereto appointing Assistant Secretaries or Attorneys- 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 attorney or certificate bearing such facsimile signature or facslmile seat shall be valid and binding
upon the Company and any such power so executed and certified by such facelmile signature and facsimile seal shalt be Valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
1, David J. Edwards, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the *Companies')
do hereby certify that
O the foregoing extract of the By- Laws of the Companies is true and correct,
(i) the Companies are duly licensed and authonzed to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed In American
Samoa, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and
{i) the foregoing Power of Attorney is true, correct and in full force and effect
Given under my hand and seals of said Companies at Warren, NJ this March 25, 2015
* 0 Q
David J. Edwards, As5iiGnt Secretary
_.
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS eOND OR NOTIFY US OF ANY OTHER MAFTER, PLEASE CONTACT US AT ADDRESS
Fomv 15-16 02259- U GEN CONSENT (rev, 02-14)
EXHIBIT E
MANUFACTURER'S LIMITED WARRANTY - - - -
FieldTurf USA, Inc. Page E-1
■ ieldTurf STH URFACEEXPE
SURFACE EXPERIENCE
A Tarkett Sports Company
Manufacturer's Limited Warranty
FieldTurf warrants that if FieldTurf FTRV-1F & FTRV-57S for multi -sport use synthetic turf proves to be
defective in material or installation workmanship, resulting in premature wear, during normal and ordinary use
of the Product for the sporting activities provided herein or for any other uses for which FieldTurf provides its
written authorization, within eight (8) years from the date of completion of installation (as indicated in this
Warranty), FieldTurf shall either repair or replace the affected area of the Product in accordance with the terms
of this Warranty. FieldTurfs sole liability under this Warranty shall be limited to either repair or replacement of
the affected area of the Product, at its sole discretion, and FieldTurf shall have no other obligations or liabilities
with respect to defects of the Product. FieldTurf will, at FieldTurfs option, either repair or replace the affected
area to the extent required to meet the Warranty period, but no cash refunds will be made. This Warranty shall
commence upon the date of completion indicated in this Warranty. The accompanying Warranty service will not
come into effect unless and until FieldTurfs Certificate of Completion is sent for validation to the corporate
office of FieldTurf indicated herein within thirty (30) days of the date of completion or Purchaser's first use,
whichever occurs first. In all cases, the Warranty shall be deemed to commence upon the date of completion
indicated in this Warranty. The acceptance form of the terms and conditions contained in FieldTurfs
Maintenance Guidelines must also be provided to FieldTurfs corporate office within thirty (30) days of
completion of installation. This Warranty is limited to the remedies of repair or replacement, which shall
constitute the exclusive remedies available under this Warranty; all other remedies or recourse which might
otherwise be available are hereby waived by the Purchaser. FieldTurf will have no other obligations or liability
for damages arising out of or in connection with the use or performance of the Product, including, without
limitation, damages for personal injury and/or economic losses. This Warranty shall not come into effect, and
FieldTurf shall have no obligations under this Warranty, unless and until FieldTurf is paid in full for the Product
to be warranted hereunder.
Field Markings: Football, Soccer (Softball) Foul Lines only
Other Exclusions
EXCEPT AS EXPRESSLY SET FORTH IN THE MANUFACTURER'S LIMITED WARRANTY ABOVE,
FIELDTURF DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR
IN LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
THIS WARRANTY SHALL BECOME NULL AND VOID IF THE PURCHASER FAILS TO MAINTAIN THE
FIELD IN ACCORDANCE WITH THE FIELDTURF MAINTENANCE GUIDELINES AND SCHEDULE
PROVIDED BY FIELDTURF THEREIN. ALL MAINTENANCE SHALL BE PERFORMED BY FIELDTURF-
TRAINED AND/OR FIELDTURF-AUTHORIZED MAINTENANCE PERSONNEL ONLY.
Furthermore, this Manufacturer's Limited Warranty does not cover:
Damage resulting from accident, force majeure, misuse, intentional and unintentional abuse, infill
displacement, and neglect or from other than normal play and ordinary use of the Product. For
purposes of this Warranty, normal play and ordinary use shall mean usage up to 3,000 hours per year
of regular play and utilization for the sporting activities provided herein; normal play and ordinary use
also includes a reasonable number of users or participants, but does not include repetitive marching,
repetitive training or high-intensity drills on the same part of the field, especially in the areas of, but not
limited to, home plate, pitcher's mound, base areas, base paths, soccer penalty mark/spot areas, goal
areas, sideline areas and lacrosse crease areas, all of which require frequent maintenance in
accordance with FieldTurf Maintenance Guidelines and may require regular replacement.
This warranty is insured by a third party.
For more information please contact Customer Service at FieldTurf at the number listed below.
aFielffurf SURFACE EXP
SURFACE EXPERIENCE
A Tarkett Sports Company
Manufacturer's Limited Warranty
2. Damage resulting from failure to maintain the Product in accordance with FieldTurfs Maintenance
Guidelines provided to the Purchaser. The Purchaser shall keep a log of all maintenance performed
on the Product and supply FieldTurf with a copy upon request.
3. Damage resulting from repair, attempted repair and/or maintenance by anyone other than FieldTurf or
an authorized FieldTurf distributor or authorized FieldTurf maintainer.
4. Damage due to causes which include, but are not limited to, the application of chemicals and/or
cleaning agents, adhesive backing, dirt, traffic, negligence, vandalism, fire, flood, windstorm, animals,
improper care and Acts of God.
5. Failure and/or improper design of the base; depression of the soil, subsurface or other matter upon
which the base or Product rests; and any and all resulting damage to the Product arising therefrom.
6. FieldTurf does not warrant the percolation rate, long term planarity and/or compaction of the base
which the product is installed. FIELDTURF DISCLAIMS ALL WARRANTIES AS TO THE BASE,
EXPRESS OR IMPLIED, AND ANY AND ALL RESULTING DAMAGE TO THE PRODUCT ARISING
THEREFROM.
7. Damage resulting from the use of improper footwear such as long -spiked track shoes, regular and
repeated use of steel cleats, and flat -soled shoes. Standard molded soccer or football cleats are
recommended.
All synthetic turf is subject to normal wear and tear, which is not a manufacturing defect and is not covered by
this Warranty. In addition to the other factors listed in this Warranty, wear and tear depends on, without
limitation, the construction of synthetic turf (fiber face weight, stitch rate, fiber pile height and gauge, infill
components and maintenance of the field) and the intensity of use of the synthetic turf. The Product will be
stable to light fading with the maximum fading of the Product during the Warranty period not to exceed fifteen
percent (15%) of color loss annually based upon an acceptable grey scale. This Warranty does not cover slight
variations or gradations of color within the Product and/or face distortion. Normal behavior of the fiber and infill
with respect to the wear pattern of a field can be found in the "Field Settling" document, provided in the
FieldTurf after-sales service package.
FieldTurf disclaims all liability for incidental and consequential damages for breach of any express or implied
warranty, including any implied warranty of merchantability, with respect to the Product. In the event that the
Product is used for purposes other than the sporting activities provided herein or any other uses for which
FieldTurf gives its written authorization, it being understood that FieldTurf has tested the Product for use in
connection with these sporting activities and may not have tested it for other uses, FieldTurf shall not be
responsible for any and all damages incurred and the Manufacturer's Limited Warranty, as well as all legal
warranties, shall become null and void. Any Product repairs or replacements performed under the terms of this
Warranty shall not extend the term of this Warranty.
Name of Purchaser:
City of Newport Beach
Date of completion:
Location:
Bonita Creek
Address:
State:
California
Tel:
Signature:
Date:
February 23rd, 2015
Sporting Activities: Football , Soccer & Softball
Installed by: FieldTurf USA'
City: Newport Beach
zip: 92660
Fax:
(Please Print Name) Darren Gill
Reference: 00006887
This warranty is insured by a third party.
For more information please contact Customer Service at FieldTurf at the number listed below.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4110/15 Dept./Contact Received From: Raymund
Date Completed: 4/28/15 Sent to: Raymund By: Chris/Alicia
Company/Person required to have certificate: Fieldturf USA Inc.
Type of contract:
I.
Works
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/14 to 5/1/15
A. INSURANCE COMPANY: XL Insurance America Inc.
B. AM BEST RATING (A-: VII or greater): A; XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT — please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
M Yes ❑ No
1,000,000/2,000,000
® Yes ❑ No
�
�M
❑ Yes
® No
IN N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/28/14 to 9128/15
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
B.
AM BEST RATING (A-: VII or greater) A++
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 2,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
❑ Yes ® No
H.
NOTICE OF CANCELLATION: ❑ N/A
® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 9128/14 to 9/28115
A.
INSURANCE COMPANY: Travelers Indemnity Company
B.
AM BEST RATING (A-: VII or greater): A++; XV
C.
ADMITTED Company (Must be California Admitted):
❑ Yes
® No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
(2
4-28-15
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
lomm - ■
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approved Non -Admitted status of Workers' Compensation carrier 4110/15.
Approved:
Risk Management Date
* Subject to the terms of the contract.