Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 03/25)
PUBLIC WORKS CONTRACT
FOR PROJECTS NOT EXCEEDING $75,000
Davis Park Safety Surface Installation Project
This public works contract (“Contract”) is entered into by and between the City of San Pablo (“City”) and Spectrasystems, Inc., a Pennsylvania corporation registered with the California Secretary of State, doing business as SpectraTurf, an Encore Company (“Contractor”), for work on the Davis Park Safety Surface Installation Project (“Project”), and is effective on April 22, 2025 (“Effective Date”).
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to diligently perform and complete the work required for the Project (“Work”), as specified in Exhibit A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This Project requires a valid California contractor’s license for the following classification(s): C-61 / D12 – Synthetic Products; C-61 / C34 – Prefabricated Equipment.
2. Contract Price. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay Contractor an amount not to exceed Fifty Thousand Six Hundred Sixty-Eight Dollars ($50,668.00) (the “Contract Price”), for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds, and all overhead costs, in accordance with the payment provisions contained herein.
2.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment, and any incidental costs incurred. Contractor warrants that title to all work, materials, and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor.
2.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide the City with a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract before performing any Work on the Project. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, withhold payment from Contractor until the surety is replaced to the City’s satisfaction, purchase such bond(s) at Contractor’s expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.
3. Time for Completion. Contractor will fully complete the Work for the Project within forty-five (45) days calendar days from the date set forth in the City’s notice to proceed with the Work (“Contract Time”).
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 03/25)
4. Change Orders. The Scope of Work, Contract Time, or Contract Price may only be modified by a change order that has been duly authorized by City. No amendment or modification of this Contract will be binding against the City unless it is in a change order duly authorized and signed by the City.
5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $100 for each calendar day of unexcused delay in completion.
6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the Bay Area. Contractor must promptly correct, at Contractor’s sole expense, any Work that the City determines is deficient or defective.
7. Local Economic Opportunity Policy
7.1 Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Contractor and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
7.2 Local Subcontracting – Outreach. Contractor shall contact the San Pablo Economic Development Corporation (the “EDC” at [email protected] or 510-215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
8. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates, and licenses, including, but not limited to, the required California contractor’s license and a City business license.
9. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the fullest extent permitted by law, City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s acts or omissions with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third party claim pursuant to Public Contract Code § 9201.
10. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this Section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. Contractor must provide City with
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 03/25)
certificates of insurance and required endorsements as evidence of coverage with the executed Contract and before the City authorizes Contractor to proceed with the Work.
10.1 Commercial General Liability Insurance (“CGL”). The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form, and include coverage for liability arising from Contractor’s or its subcontractors acts or omissions in performing the Work, including Contractor’s protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer’s non - ownership liability coverage, with limits of at least $2,000,000 per occurrence and $4,000,000 general aggregate, unless otherwise specified in the Scope of Work.
10.2 Automobile Liability. The automobile liability policy must provide coverage of at least $1,000,000 combined single-limit per accident for bodily injury, death or property damage.
10.3 Workers’ Compensation. The workers’ compensation policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
10.4 Waiver of Subrogation. Each required policy must include an endorsement providing that the insurer waives any right of subrogation it may have against City or the City’s insurers.
10.5 Required Endorsements. The CGL policy and the automobile liability policy must include the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or an equivalent form approved by the City.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided by Contractor is primary and no insurance or self -insurance held or owned by any Additional Insured may be called upon to contribute to a loss.
(4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
11. Labor Code Compliance. If the Contract Price is over $1,000, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code and the related regulations, including requirements pertaining to wages, working hours and workers’ compensation insurance, and the provisions of this Section 11.
11.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code § 1720, 1720.3, or 1720.9, must be paid at a rate not less than the prevailing
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 03/25)
wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/dlsr. Pursuant to Labor Code § 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
11.2 Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty, the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours in any one calendar day , or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code § 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City.
11.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code §§ 1771.4, 1776, and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code §§ 1771, 1811, and 1815. If the Contract Price is $25,000 or more, Contractor must electronically submit certified payroll records monthly to the Labor Commissioner monthly as required under California law and regulations.
11.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code § 1777.5.
11.5 Notices. Pursuant to Labor Code § 1771.4, Contractor must post all job site notices required by laws or regulations.
11.6 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code § 1725.5. If the Contract Price is $25,000 or more, Contractor and any subcontractors must be registered with the DIR to perform public works projects.
12. Worksite Conditions.
12.1 Clean and Safe. Contractor must maintain the Project site in a clean and neat condition and must ensure it is safe and secure. On a daily basis, Contractor must remove and properly dispose of debris and waste materials from the Project site.
12.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.
12.3 Hazardous Materials. Unless otherwise specified, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to the City. No asbestos, asbestos- containing products or other hazardous materials may be used in performance of the Work.
12.4 Utilities, Trenching, and Excavation. As required by Government Code § 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 03/25)
utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code §§ 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, Contractor must also comply with Public Contract Code § 7104. If the trenching or excavation extends deeper than five feet below the surface and the Contract Price exceeds $25,000, Contractor must submit a detailed plan showing the design for shoring, bracing, or sloping to the City or its engineer for acceptance in advance of the excavation pursuant to Labor Code § 6705.
12.5 Sound Control. Contractor must comply with the City’s Noise Control Ordinance (San Pablo Municipal Code, Chapter 9.12), in addition to other applicable laws regulating noise levels.
12.6 Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any laws. Contractor must comply with all laws, including the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.).
13. Records. Contractor must maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s records relating to the Project during Contractor’s normal business hours. Contractor’s records may also be subject to examination and audit by the California State Auditor, pursuant to Government Code § 8546.7. The record-keeping requirements set forth in this Section 13 will survive expiration or termination of the Contract. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as-built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary.
14. Termination.
14.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City’s termination for convenience, Contractor waives any claim for damages, including loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date.
14.2 Termination for Default. City may terminate this Contract for cause for any material default.
Contractor may be deemed in default for a material breach of or inability to fully, promptly, or satisfactorily perform the Contract, including Contractor’s refusal or failure to supply suffi cient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 03/25)
cause, City will only owe Contractor payment for the Work satisfactorily performed in compliance with the Contract documents before Contract termination.
15. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code §§ 9204 and 20104 et seq., which are incorporated by reference.
16. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City’s acceptance of the Work for the Project as complete (“Warranty Period”). During the Warranty Period, upon notice from City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or m aterials displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
17. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement or in violation of any California law, including Government Code § 1090 et seq. and the Political Reform Act as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
18. Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited.
19. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement, or any other employee benefits from City.
20. Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties.
21. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:
City Contractor
Name City of San Pablo Spectrasystems, Inc.
Address line 1 San Pablo City Hall 555 S. Promenade Ave, Address line 2 1000 Gateway Avenue Suite 103
City/state/zip San Pablo, California 94806 Corona, CA 92879 Phone (510) 215-3060 (800) 875-5788
Fax (510) 215-3013 (951) 734-3630
Attn: City Clerk Kelvin Fountano
Email [email protected] [email protected]
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 03/25)
Copy to: Contract Administrator Daniel
Gomezmailto:
22. Federal Funding Requirements (if applicable). If this Contract is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Contract as Exhibit C, Federal Contract Requirements.
This Contract is subject to federal funding. See Exhibit C. □ This Contract is not subject to federal funding. X
23. Miscellaneous Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations, including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and City ordinances. Work may only be performed by qualified and experienced workers who are not employed by City and who do not have any contractual relationship with City, except for this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
23.3 Waiver. City’s waiver of any breach of any term, covenant, or condition in this Contract will not be effective unless it is in writing and signed by City. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach.
23.4 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s lawful heirs, successors, and permitted assigns.
23.5 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.
23.6 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Contra Costa County, and no other place.
23.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party.
If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 03/25)
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approved as to form:
City of San Pablo
s/_______________________________ s/_________________________ Matt Rodriguez Brian P. Hickey
City Manager City Attorney
Date: ___________________________ Date: ______________________
Attest:
s/_______________________________
Dorothy Gantt
City Clerk
Date: ____________________________
CONTRACTOR:
Spectrasystems, Inc. doing business as SpectraTurf, an Encore Company
s/_______________________________ s/____________________________________ Lisa Anderson [2nd corporate signature]
VP of Encore Construction Units
Name/Title [print] ________________________
Date: ____________________________ Date: _________________________________
_________________________________
Contractor’s Calif. License Number(s) Seal:
__________________________
Expiration Date(s)
__________________________
DIR Registration Number
Attachments: Exhibit A: Scope of Work
Exhibit B (if applicable): Bond Forms
END OF CONTRACT
Not to Exceed $75,000 Contract (Updated: 3/25)
Davis Park Safety Surface Installation Project Scope of Work
Exhibit A
Scope of Work
SpectraTurf Quote Number 68309 dated 3/31/25
Phone:
Fax:
(800)875-5788
(951)734-3630
Quote Number: 68309
QUOTE
SpectraTurf Inc
555
S Promenade Ave, Suite
103
Corona CA
92879
Quote To:
City of San Pablo
1000 Gateway Ave
San Pablo CA 94806
Phone:
510-215-3079
Fax: 510-232-2484
Date:
3/31/2025
Expires:
6/29/2025
Sales Person:
Kelvin Fountano
[email protected]
Project:
Davis Park - Opt 1 - Rev 2 - San
Pablo, CA
**Note: Escalator Clause: Due to the current volatility of the surfacing raw materials market, shipping & labor- EXPIRED proposals may be subject to current market pricing. Please contact your sales rep for current pricing of all expired proposals.
INCLUDES PREVAILING WAGES.
SCOPE OF WORK: (Quoted as one (
1 ) mobilization)
Provide & Install
4,160
SF of a
1.5 " Cap of SpectraPour safety surfacing directly over the existing surfacing.
Edges to be cut back and tapered in to maintain a smooth trip-free transition at access points.
Wear layer to be
50%
Standard Color /
50%
Black mixed with standard aromatic resin.
NO GRAPHICS OR COLOR PATTERNS INCLUDED.
Standard Colors include: Standard Red (Terracotta), Standard Green, Standard Blue, Sky Blue, Medium Gray, and Beige.
**All other colors may be subject to additional costs** WE ARE EXPERIENCING LONGER LEAD TIMES ON COLORS.
PROJECT DURATION:
3 ON-SITE WORKING DAYS TO COMPLETE THIS PROJECT
ADD OPTION
1 : Upgrade to
100%
Standard Color wear layer (no black)
…
ADD
$8,736.00
ADD OPTION
2 : Upgrade to Aliphatic (UV-stable, non-yellowing) Resin.. ADD $7,488.00
EXCLUDES: Project Labor Agreements or similar; Union Labor Requirements or one-time agreements; Temporary construction fencing; Post-installation testing/inspections; Third party insurance credits (OCIP, etc.); etc
…
See final page of proposal for full terms & exclusions.
Description:
United States Dollar
Line
Part
Description
Order Qty
Unit Price
Ext Price
1 SYS-001
1.5 System, SpectraPour ReTop
$49,920.00
$49,920.00
EA
1.00 Line
Part
Description
Order Qty
Unit Price
Ext Price
2 SYS-012
Payment & Performance Bonds
$748.00
$748.00
EA
1.00 Page:
1 of 4
CA#854429 CA DIR#1000002615 NV#0081500 WA#SPECT**953CM
Phone:
Fax:
(800)875-5788
(951)734-3630
Quote Number: 68309
QUOTE
SpectraTurf Inc
555
S Promenade Ave, Suite
103
Corona CA
92879
Page:
2 of 4
CA#854429 CA DIR#1000002615 NV#0081500 WA#SPECT**953CM
Phone:
Fax:
(800)875-5788
(951)734-3630
Quote Number: 68309
QUOTE
SpectraTurf Inc
555
S Promenade Ave, Suite
103
Corona CA
92879
Subtotal
$50,668.00
$0.00
Total
$50,668.00
Total Charges
PROPOSAL ACCEPTANCE
ACCEPTANCE:
By signing below, I agree to the above proposal as well as the terms and conditions attached to this agreement.
I am duly authorized by __________________________________________ to approve and accept this proposal as stated.
SIGNATURE: ________________________________________________DATE: _______________________________ PRINTED NAME: _____________________________________________TITLE: _______________________________ COMPANY NAME: _____________________________________BILLING CONTACT:__________________________ ADDRESS: ________________________________________________________________________________________ PHONE: _________________________FAX: _________________________EMAIL: __________________________ Issue all Purchase Orders, Contracts, and payments to
SPECTRATURF.
Send ALL completed forms back to your SpectraTurf Sales Representative:
Alex Stout
Thank you for considering SpectraTurf on this project.
TERMS AND CONDITIONS
Page:
3 of 4
CA#854429 CA DIR#1000002615 NV#0081500 WA#SPECT**953CM
Phone:
Fax:
(800)875-5788
(951)734-3630
Quote Number: 68309
QUOTE
SpectraTurf Inc
555
S Promenade Ave, Suite
103
Corona CA
92879
See product specifications for detailed product and installation information. Product specifications are available from your Sales Representative. Material samples will be provided upon request. 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 . The price quoted applies to any quantity equal or less to that quoted or less than the thickness noted on page 1 . If the area to be
surfaced is larger or requires thicker material, we will require a change order for the additional square footage or thickness. We do not proceed without a signed change order.
3 . All thicknesses noted on Page
1 are to be installed at a uniform thickness throughout the entire playground area, unless otherwise noted.
4 . Contractor/Owner is to provide a minimum
3 week notice for the commencement of the safety surfacing installation. 5 . In the event that a change in thickness, square footage, color or color percentage is requested, a revised proposal and/or purchase order will be required before installation can begin.
6 . Changes to the proposed scope not agreed to here within or separately in writing may result in additional charges in the form of a change order. Work cannot commence until the Change Order is fully executed. 7 . Installation crew chief will act as out on-site representative, but is not able to bind the company to any agreements, including verbal. All decisions are to be made by authorized office personnel only. 8 . Project completion time must be extended, regardless of the extension allowed by owner, due to any delays caused by unacceptable weather conditions and/or temperatures, or delays by Owner, Contractor, or any other sub-contractors not under the direct control of SpectraTurf.
9 . ANY additional site work not included here within, including sub-base, is the responsibility of the owner. 10 . We provide a brief visual inspection of the of the sub-base. There is no testing we can do to ensure the base was done correctly.
Proceeding with installation of surfacing does not constitute acceptance of the sub-base. 11 . 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 installation and remain off for
48 hours after installation is completed.
12 . Additional charges for downtime/stand-by may be assessed in the event that installation is delayed due to site not being ready as scheduled or if the installation is interrupted for reasons other than those related to weather or general public emergencies. 13 . Security during installation through turnover of project to owner, is the responsibility of the Owner/General Contractor 14 . Any excess material at the job site upon completion is the property of SpectraTurf. 15 . Installations scheduled after
90 days of proposal acceptance may be subject to price adjustments. 16 . Scheduling and crew deployment is subject to weather conditions. 17 . Warranties will NOT be issued until payment is received. 18 . Terms of Payment are COD, unless otherwise negotiated.
Permit/Licensing
Builders Risk Insurance
Excavation and Site Work Preparation
Third Party Insurance (OCIP, etc.)
Third Party Playground Inspection
Fees for TEXTURA or similar
Hoisting & Lowering of material & equipment to
above ground level locations
Prevailing / Davis Bacon Wages
Union Fees (PLA/PSA Contracts)
Design /
Engineering
Post-installation Fall Height/Attenuation Testing
Temp Fencing/Security
HOA Additionally Insured
Demolition
Play Area Drainage
Waste/Dumpsters
Rooftop Installations
Extended Warranty
Payment & Performance Bonds
(Add 1.5%, if required)
INSTALLATION EXCLUSIONS,
unless otherwise noted in Project Notes on page 1.
INITIALS
Page:
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CA#854429 CA DIR#1000002615 NV#0081500 WA#SPECT**953CM
Not to Exceed $75,000 Contract (Updated: 3/25)
Davis Park Safety Surface Installation Project Bond Forms
Exhibit B
Bond Forms
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 3/25) Payment Bond
PAYMENT BOND
The City of San Pablo (“City”) and __________________________________________ (“Contractor”) have entered into a contract, dated April 22, 2025 (“Contract”) for work on the Davis Park Safety Surface Installation Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and _______________ __________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligation. If Contractor or any of its subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors, under California Unemployment Insurance Code § 13020, with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with leg al rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety must be in writing and sent to Surety via personal delivery, U.S. Mail, reliable overnight delivery service, or by email as a PDF. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows:
Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Fax: _______________________________
Email: ______________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court of Contra Costa County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 3/25) Payment Bond
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 2025.
SURETY:
___________________________________
s/ _________________________________
Name: _____________________________
Title: _______________________________
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
s/ _________________________________
Name: ______________________________
Title: _______________________________
APPROVED BY CITY:
s/ _______________________________________________
_________________________________________________
Name/Title
END OF PAYMENT BOND
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 3/25) Performance Bond
PERFORMANCE BOND
The City of San Pablo (“City”) and ___________________________________________________ (“Contractor”) have entered into a contract, dated_____________, 2025 (“Contract”) for work on the Davis Park Safety Surface Installation Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).
1. General. Under this Bond, the Contractor as Principal and _______________ ________________________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligations; Waiver. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.
3. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to the Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven calendar days of the receipt of the notice to remedy the default through one of the following courses of action:
4.1 Arrange for completion of the Work under the Contract by Contractor, with the City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract documents, at Surety’s expense, or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.
5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.
6. Notice. Notice to Surety must be in writing and sent to Surety via personal delivery, U.S. Mail, reliable overnight delivery service, or by email as a PDF. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows:
Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Davis Park Safety Surface Installation Project Not to Exceed $75,000 Contract (Updated: 3/25) Performance Bond
Fax: _______________________________
Email: ______________________________
7. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court for Contra Costa County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
8. Effective Date; Execution. This Bond is entered into and effective on ____________________, 2025.
SURETY:
___________________________________
s/ _________________________________
Name: _____________________________
Title: _______________________________
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
s/ _________________________________
Name: ______________________________
Title: _______________________________
END OF PERFORMANCE BOND