CONTRACT 6043 One Page Service Agreement CLOSEDAgreement No. 6043
services Agreement
CONTRACTOR Robertson Industries, Inc. DATE MAILED: 3l25121
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or
88, The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies wfll be endorsed to name the City, its officials, and employees as "additional
Insured"s" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the Clty will be excess thereto. Such insurance must be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® Comorehensive General Liability including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® $1,000,000 per occurrence.
❑ $100,0 0 - 300,0000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Comoensatlon Insurance: as required by State Statutes, (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety U appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Copy of valid picture I.D. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY,
Sybmitted by (goDlete ail blanks: COLOR COPY Pt,:CLiRon',) BACK 'T0 TI1t;;;: CiT'Y
Company Name:
By ntt n r ee title
Sales
Robertson Industries, Inc.
y of
Company Street Address:
Vendor"s Auttlori e ignalu a (ertblre ,
2414 West 12h) Street, Suite 5
City, State, Zip:
Date s ndd:
Tempe, AZ 85281
3f21 1
Phone:
800 858-0519
FAX: ,, pp
C7 �? - 3 40
Vendors Email address:
Vendor's Web site:
vbrantle la core.com'
? 0 *- __ '0
Mail original agreement and insurance to:
OriginatodDepartment Contact:
Department Head
InsuranceApp Val:,
City Attorney
El Segundo - City Clerk 350 Main Street, Room 5, El Segundo, CA 90245.3813
City mana ei
City Clerk
Date iniUded:
Date Approved: G 2-U Z 1
D APProved: 2d.N
Robertson Industries, Inc. - 03.25.21 3/25121
Agreement No. 6043
1.GENERALLY. The materials, supplies, or services (collectively, "Purchase')
covered by this services agreement and purchase order ("order") must be
furnished by Seller subject to all the terms and conditions contained in this order
which Seller, in accepting this order, agrees to be bound by and comply with in
all particulars. No other terms or conditions are binding upon the parties unless
subsequently agreed to In writing. Written acceptance or shipment of all or any
portion of the Purchase covered by this order constitutes unqualffied acceptance
of all terms and conditions in this order.. The terns of any proposal referred to in
this order are 'included and made a part of the order only to the extent it specified
the Purchase ordered, the price„ and the delivery, and then only to the extent
that such terms are consistent with the terms and conditions of this order.
2.10PECTION. The Purchase furnished must be exactly as specified in this
order, free from all defects k1 Seller's performance, design, workmanship, and
materials, and, except as otherwise provided„ is subject to inspection and test by
City at all times and places,. If, before final acceptance, any Purchase is found to
be incomplete., or not as specified, City may reject It, require Seller to correct it
without charge, or require delivery of such Purchase at a reduction in price that
is equitable under the circumstances. If seller is unable or refuses to correct
such items within a time deemed reasonable by City, City may terminate the
order In whole or in part. Seller bears ail risks as to rejected Purchases and, in
addition to any costs for which Seller may become liable to Clty under other
provisions of this order, must reimburse City for all transportation costs, other
related costs incurred, or payments to Seller in accordance with the terms of this
order for unaccepted Purchases. Nolkhstatudirg City's acceptance of any
Purchase, Seller is liable for latent defects, fraud,, or such gross mistakes as
constitute fraud.
&CHANGES. City may make changes within the general scope of this order in
drawings and specifications for specially manufactured supplies, place of
delivery, method of shipment or packing of the order by giving notice to Seller
and subsequently confirming such changes In writn% If such changes affect the
cost of or the time required far performance of this order, an equitable
adjustment in the price or delivery or both must be made. No change by Seller is
allowed without City"s written approval. Any claim by Setter for an adjustment
under this section must be made In wilting within thirty (30) days from the date of
receipt by Seller of notification of such change unless City waives this condition
in writing. Nothing in this section excuses Seller from proceeding with
performance of the order as changed,
4. TERMINATION. City may terminate this order at any time, either verbally or in
wriflmg, with or without cause. Should termination occur, City will pay Seller as
full performance until such termination the unit, or pro rate order price for the
performer) and accepted portion of the Purchase. City may provide written
notice of terminetion for Sellers default if Seller refuses or fails to comply with
this order. If Seller does not cure such failure within a reasonable time period, or
falls to perform the Purchase within the time specified (or allowed by extension)„
Seller will be liable to City for .any excess costs Incurred by City.
51IME EXTENSION, Cky may extend the time for completion if, In City's sole
determination, Seller was delayed because of causes beyond Sellers control
and without Sellers fault or negligence.. In the event delay was caused by City,
Seller's sole remedy Is limited to recovering money actually, and necessarily
expended by Seller because of the delay; there is no right to recover anticipated
profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order are not
exclusive and are In addition to army rights and remedies provided by law.
7.TITLE. Title to materials and supplies purchased under this order pass directly
from Seller to Cif/ upon CiVs written acceptance following an actual inspection
and City's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing expenses
unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorney's fees), injuries, or liability, arising out of the Purchase or the order, or
their performance. Should City be named in any suit, or should any claim be
brought against it by suit or otherwise, whether the same be groundless or not,
arising out of the Purchase or order, or their performance, Seller will defend City
(at City's request and with counsel satisfactory to City) and indemnify City for
any judgment rendered againstit or any sums paid out in settlement or
otherwise, For numoses of this section `Chv" Includes r kv's n&..P. ±x PlArrrref
officials„ and employees, It Is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The requirements as
to the types and limits of Insurance coverage to be maintaf red by Seller, and any
approval of such insurance by City, are not intended to and will notin any
manner timnit or qualify the liabilities and obilgations othwwwilse assumed by Seller
pursuant to this order, Including, without limllef m, to the provisions concerning
Indemnification,
10.WARRANTY. Seller agrees that the Purchase is covered by the most
favorable commercial warranties the Seller ,gives to any customer for the same
or substantially similar supplies or services, or such other more favorable
warranties as is specified in this order. Warranties will be effective
notwithstanding any inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order, Except as to any payment due
under this order, Seller may not assign or subcontract the order without City's
written approval. Should City give consent, it will not relieve Seller from any
obligations under this order and any transferee or subcontractor will be
considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the face sheet
of this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and' licenses, and abide
by all federal„ state„ and focal laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as
an independent contractor and will have control of all work and the manner in
which is it performed. Seller will be free to contract for similar service to be
performed for other employers while under contract with City, Seller is not an.
agent or employee of City and is not enthled to participate in any pension plan,
Insurance, bonus or similar benefits City provides for Its employees, Any
provision in this order that may appear to give City the right to direct Seller as to
the details of doing the work or to exercise a measure of control over the work
means that Seller will follow the direction of the City as to end results of the work
only.
15.WAIVER. City's review or acceptance of, or payment for, work product
prepared by Seiler under this order will not be construed to operate as a waiver
of any rights City may have under this Agreemeni or 0 any cause of action
arising from Seller's performance, A waiver by City of any breach of any term,
covenant, or condition container) in this order will not be deemed to be a waiver
of any subsequent breach of the same or any other term, covenant, or condition
contained In this order, whether of the same or different character.
%INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the lairs of the State of Califomia, and exclusive venue for any
action Involving this agreement wIil be in Los Angeles County.
17, PREVAILING WAGES. If required by applicable state law Including„ without
limitation Labor Code jj; 1720 (as amended by AS 975 (2001)), 1771, 1774,
1775„ and 1776, CONTRACTOR must pay its workers prevalling wage, It is
CONTRACTOR'S responsibility to interpret and Implement any prevalling wage
requirements and CONTRACTOR agrees to pay any penalty or civil damage
resuffing from a violation of the prevailing wage taws. In arordance with labor
Code § 1773.2, copies of the prevailing rate of per diem wages are available
upon request from CITY's Engineering Division or the webslte for State of
California Prevailing wage delermination at irr r_ Lvti� d, 4.r r udimmrt r „P,'A?i), A
copy of the prevailing rate of per diem wages must be posted at the job site.
15. CONSIDERATION. As consideration, CITY' agrees to pay CONTRACTOR
for CONTRACTOR's services not to exceed a total of $2,593 for the work. CITY
will pay for work as specked in the attached Exhibit "A," which is incorporated by
reference.
Services to include:
Refer to attached Exhibit 'A"
Robertson Industries, Inc. - 03.25.21 3/25/21
EXHIBIT A
Agreement No. 6043
Proposal # 21-31888
WM
tRecreational Surfaces
A F:::. � ���J,"'Y CORE Company
Date Issued: 03/25/2021
Project Name: Gordon Clubhouse Park - El Segundo
Address: 300 E Pine Ave, El Segundo, CA 90245
Contact:
Email:
Robertson Industries, Inc.
2414 West 12th Street, Suite 5
Tempe, AZ 85281
(800) 858-0519
FAX: (602) 340-0402
www.totturf.com
Sales Representative
Name: Vince Brantley
Phone: +17149048219
Email: vbrantley-@totturf.com
RlRlllCf';;;; II IIXII III III'^ III';IIIII, ' 0612412021
PRODUCT NAME DESCRIPTION QTY UNIT PRICE TOTAL
Surfacing Repairs Maintenance 1 12,693 $2,693.00
GRAND TOTAL $2,693.00
CONTRACT WAGE State
Regular UNION: No CA GRANT: No
TYPE: TYPE: Prevailing
DETAILED SCOPE:
10 SF of wear course repairs — 3 patches
24 LF of perimeter repair at 4 " wide = 8 SF
35 SF of lots of misc. spider cracks
Color to be 50% Blue & 50% Black
Customer responsible for security of areas
Estimated Install Date:
Ready
INITIALS
yea secure
1tFNtCMTOTTURF LOCK
aatw
�,�. interlocking file system 1 qq
Agreement No. 6043
Proposal # 21-31888
JERMS & CONDITIONS:
1. Quote is based on the information provided here within and is subject to change based on final installation unless otherwise indicated in
writing. Any changes or additions to this proposal will affect pricing.
2. Changes to the proposed scope not agreed to here within or separately in writing may result in additional charges (change order). Work cannot
commence until Change Order(s) are fully executed.
3. ANY additional site work not included here within, including sub base, is the responsibility of the owner.
4. Job site access must be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler, and/or water systems must be shut off 24
hours before install and remain off until 24 hours after the installation has completed.
5. Charges for downtime/stand-by may be assessed in the event that installation is delayed due to the site not being ready as scheduled or if
installation is interrupted for reasons other than those related to weather or general public emergencies.
6. Security during install and upon completion is the responsibility of the owner, unless specified otherwise in Project Scope.
7. Excess material at the job site upon completion is property of Robertson Industries, Inc., unless otherwise noted here within.
8. Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments.
9. Scheduling and crew deployment is subject to local weather conditions.
10. Warranty will NOT be issued unless "Completion Sheet" is signed.
11. All projects over $2,500.00 will be issued a preliminary lien.
Force Majeure: No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to acts
of God, outbreaks, epidemic/pandemic or the spreading of disease or contagion strikes or other disturbances, including, without limitation, war,
insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of
such party. During an event of force majeure, the Parties' duty to perform obligations shall be suspended.
PROPOSAL ACCEPTANCE I agree to the scope and details as provided for the abovementioned proposal as well as the terms outlined in this
agreement. I am duly authorized approve and accept this proposal as stated.
❑ CONTRACT to follow ❑ PURCHASE ORDER to follow ❑ ACCEPT THIS AS OUR AGREEMENT
PAYMENT TERMS:
Payment may be made via Check, Cash, or Credit Card. Customers requesting a line of credit must refer to the credit policy provided
by your sales representative.
Please attach a copy of your TAX EXEMPT CERTIFICATE if you or your company is claiming tax exemption.
SIGNATURE:
Printed Name:
Company Name:
Address:
BILLING Contact Name:
BILLING Email:
TOTAL PURCHASE AMOUNT. $2,693.00
Title:
Phone: Fax:
Issue all POs, Contracts, and payments to ROBERTSON INDUSTRIES, INC.
Send ALL completed forms back to your Sales Representative:
Vince Brantley: vbrantley@totturf.com
C1 III0IIt IFIEIRE "'10 IIIP , I"IIrImI A CIIIB[)I IIC CIII II PAY IIIN(�W
DATE:
Robertson Industries, Inc: 2414 West 12th Street, Suite 5, Tempe, AZ 85281 — ,(800) 858-0519, FX: (602) 340-0402
AZ: R00091920, CLASS L-05 — CA: 667261, CLASS C/61 D/12 — FL: CGC 038554 — NV: 42331, CLASS C25 C40
CALIFORNIA PWC REGISTRATION NUMBER: 1000002700 (DIR#)
The PlayCore Surfacing Division Includes: Robertson Recreational Surfacing (Robertson Industries; Inc), Sports Surface Specialties;
Rubber Designs and American Recycling Center