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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.