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Home My WebLink AboutC2019-089.1 - Robertson Recreational - Amendment 1 Contract No. 2019-089.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROBERTSON INDUSTRIES,INC. D/B/A ROBERTSON RECREATIONAL SURFACES THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment")is entered into as of November 4, 2019,between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Robertson Industries, Inc., an Arizona corporation(the "Contractor"). RECITALS A. After a competitive procurement process, Region 4 Education Service Center ("Region 4 ESC") entered into Contract No. R162204, dated June 1, 2017 (the "Region 4 ESC Contract"), with Sport Surface Specialties, LLC, for which the Contractor is an authorized dealer and distributor,to provide sports surfaces, installation, and related material. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Region 4 ESC Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated May 23,2019,based upon the Region 4 ESC Contract(the"Agreement"),for the Contractor to provide the Town with playground and sports surfaces, installation, and related materials (the "Materials and Services"). C. The Town has determined that it is necessary for the Contractor to provide additional Materials and Services (the "Additional Materials and Services"). D. The Town and the Contractor desire to enter this First Amendment to provide for compensation to the Contractor for the Additional Services and to extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall increase the compensation to Contractor by not more than$13,000.00 for the Additional Materials and Services at the rates set forth in the Region 4 ESC Contract and incorporated herein by reference,resulting in an increase of the aggregate not- to-exceed compensation from $7,000.00 to $20,000.00. 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation i to -.. Lt.L14 --. Grady E. Miller o Manager ATTEST: o - &/� - Elizab . Burke, Town Clerk l APPROVED AS TO FORM: _ ,.j .z7 _ Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On fJO,' Jcj , 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be,and acknowledged that he signed the above document,on behalf of the Town of Fountain Hills. (,,p,4t1,,,: JAMIE SALENTINE 1 �„013torYI ublic•State of ArizoM MARICOPA COUNTY Commission#5501os Ct-fae-A f t/t f. N,. ary Public /fa, Expires July 11,2022 (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] "Contractor" ROBERTSON INDUSTRIES, INC., a(n)Arizona corporation, d/b/a Robertson Recreational Surfaces By: Name: Toni w h< <e-r Title: vP of 0peYetil0r (ACKNOWLEDGMENT) STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) Ontifilliti , 21 9, bef re me personally appeared , the V i . of ROBERTSON DUS INC.,a(n)Arizona corporation,d/b/a Rob rtson Recreational Surfaces,whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the company. "OFFICIAL SEAL" Uzette Figueroa 4 • . Notary Public-Arizona Notary Public Cormission $Uee 1'=11 2020 4 4846-5181-0731 v.1 �`•1"ti..t(}:l Aq(10154J M to.')au noite Erinno3 • St,.rr y?r.Jl.rr,,, 3 yyr- ..w.... ....,..-.... .e.w..+-.+..,Fw.,,w. PROPOSAL#19-28779 111111111 Robertson Industries,Inc. Robertson2414 West 12th Street, Suite 5 ces Recreational rfa Tempe,AZ 85281 (800)858-0519 A 't,c RE-company FAX: (602)340-0402 www.totturf.com Date Issued:October 30,2019 Project Name: Town of Fountain Hills-Four Peaks Playground-Access pads-Revised Address: 14789-14827 N Del Cambre Ave, Fountain Hills,AZ 8 Sales Representative Name: Chris Chartier Contact: Kevin Snipes Phone: (602)721-3908 Phone: (480)650-9637 Fax:(888)722-1366 Email: ksnipes@fh.az.gov Email: chris.chartier@totturf.com _ PRICE EXPIRES:01/28/2020 PRODUCT NAME DESCRIPTION QTY UNIT PRICE TOTAL Site Prep Site prep: Prepare pad with ABC and compact in place 1 $2,398.00 $2,398.00 624 Total Sq Ft(Per Chartier= 2 access pads all at the same TotTurf Poured in Place park)Pad 1 -368 sf,8'CFH(285 sf PLUS 55 If t.down x 1.5) Safety Surfacing Pad 2=256 sf,4'CFH(200 sf PLUS 37 If t.down x 1.5)Includes 624 $12.28 $7,662.72 50/50 std epdm and black-tbd I GRAND TOTAL _ $10,060.72 CONTRACT TYPE: IPA WAGE TYPE: Non-Prevailing UNION: ❑ CA GRANT: ❑ DETAILED SCOPE: Fountain Hills,AZ-50 miles-DIRECT ***10-30-19***per Chartier, revised to 624 Total sq ft(2 pads) 624 Total Sq Ft(Per Chartier= 2 access pads all at the same park) Pad 1 -368 sf,8'CFH(285 sf PLUS 55 If t.down x 1.5) Pad 2=256 sf,4'CFH(200sf PLUS 37lf t.down x1.5) Includes 50/50 std epdm and black-tbd Aromatic Binder, Regular Wages Based on good job access, no design Five(5)years warranty Site prep: Place ABC and compact in place. Scheduling/Site Contact: ESTIMATED INSTALL DATE: Phone: Email: 12/2019 INITIALS ,..� r SECUCEpL IP6M/i[ TOTTURF t =MED 414 COMMIEMOD SYNTHfFK GRASS Page 1 of 2 PROPOSAL#19-28779 TERMS&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. 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 PAYMENT TERMS: Payment may be made via Check,Cash,or Credit Card. Customers requesting a line of credit must submit a credit application and/or a 50% deposit. Credit applications can be obtained from your sales representative. Please attach a copy of your TAX EXEMPT CERTIFICATE if you or your company is claiming tax exemption. TOTAL PURCHASE AMOUNT:$10,060.72 SIGNATURE: DATE: Printed Name: Title: Company Name: Address: BILLING Contact Name: BILLING Email: Phone: Fax: Issue all POs,Contracts,and payments to ROBERTSON INDUSTRIES, INC. Send ALL completed forms back to your Sales Representative: Chris Chartier: chris.chartier@totturf.com or Fax: (888)722-1366 4 CLICK HERE TO PAY WITH A CREDIT CARD: PAY NOW! 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 IDIR#) The PiayCare Surfacing Division Includes:Robertson Recreational Surfacing(Robertson Industries, Inc.), Sports Surface Specialties, Rubber Designs and American Recycling Center Page 2 of 2