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HomeMy WebLinkAboutC-4433 - Contract for Purchase and Installation of Playground Equipment for Eastbluff ParkCONTRACT WITH PLAYPOWER LT FARMINGTON, INC FOR PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR EASTBLUFF PARK THIS CONTRACT is made and entered into as of this lav of December 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City "), and PlayPower LT Farmington, Inc., a Missouri Corporation, doing business as ( "DBA ") Pacific Design Concepts, whose mailing address is PO Box 1909 Huntington Beach, CA 92647 ( "Contractor "), 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. City requires replacement parts for playground equipment at Eastbluff Park C. City desires to engage Contractor for the purchase and install of replacement playground equipment ( "Project'). Contractor has agreed to perform the Project over a 180 day period, commencing on December 28, 2009. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and 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 Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 1 st day of June 2010, unless terminated earlier as set forth herein. 2. SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, 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 it 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 Agreement, 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. 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. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet this deadline may result in termination of this Agreement by City and assessment of damages as outlined in Section 3.1. DEADLINE FOR PROVISION OF SERVICES OR PRODUCT IS JUNE 1, 2010 3.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Contract on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Two Hundred and Fifty Dollars ($250.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement. Execution of this Agreement shall constitute agreement by the City and Contractor that Two Hundred and Fifty Dollars ($250.00) per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 4. COMPENSATION 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 full payment the sum of TWENTY TWO THOUSAND SIX HUNDRED AND FORTY FIVE DOLLARS AND FIFTY TWO CENTS ($22,645.52). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. City shall pay Contractor no later than thirty (30) days after acceptance of the project and approval of the final invoice by City staff. 5. ADMINISTRATION This Agreement will be administered by the Recreation & Senior Services Department. Janet Cates shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 6. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE 6.1 Contractor shall use only the standard materials described in Exhibit A in performing services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. 2 6.2 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 Agreement, 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. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 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 subconcontractors, or its workers, or anyone employed by either of them. 7.2 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 arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 7.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees 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 arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (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 subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 7.4 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 be liable for any private or public property damaged during the performance of the Project work. 7.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. �3 7.6 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Agreement, except to the extent provided in Section 6.3 above. 7.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees 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 Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 9. 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. 10. 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 Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit or performance of any work. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her 0 employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, 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 for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 11. BONDING 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 Agreement and in the form attached hereto as Exhibit B 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 Agreement in the form attached hereto as Exhibits C which is incorporated herein by this reference. 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 VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. The Contractor, shall deliver, concurrently with execution of this Agreement, 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 Sate of California. 12. 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 Agreement shall be paid to all workmen employed on the work to be done according to the Agreement 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 Agreement. 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. 13. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and 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. 14. 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. 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. 15. CONFLICTS OF INTEREST 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. 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 7 City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement 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: Attn:Janet Cates Recreation & Senior Services Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3154 Fax: 949- 644 -3155 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention:Brett Martin PlayPower LT Farmington, Inc. PO Box 1909 Huntington Beach, CA 92647 Phone: 714 - 846 -4885 Fax: 714 - 846 -3485 17. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) 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 Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement 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 up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 18. COMPLIANCE WITH ALL LAWS Contractor 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. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED AGREEMENT This Agreement 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. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 22. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, 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. 24. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 25. INTERPRETATION The terms of this Agreement 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 Agreement or any other rule of construction which might otherwise apply. DEC -10-2009 15:48 PLAYPc1WER LT FARM I NGD_T 26. WARRANTY 1 573 761 7468 P.01 Contractor agrees that the playground replacement equipment installed pursuant to this Agreement , shall be covered by a limited 15 -year warranty as outlined in the Warranty Information, attached hereto as Exhibit D and incorporated in full by this reference. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY A1rTORNEY By: �e­fte eau a p Assistan City A y CITY OF NEWPORT BEACH, A Munigipal Corporation & Senior Services Department ATTEST: CONTRACTOR: PlayPower LT Farmington, Inc. 444,4- 4� V Ler ani Brown, b ,;V"& Name. City Clerk Title: 1 t �R� �-A� _rte�/ Name Title:_ (Two corporate signatures Attachments: Exhibit A - Scope of Services Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond Exhibit D -Warranty Information 10 MAKE PURCHASE ORDER/CHECK PAYABLE TO PLAYPOWER LT FARMINGTON, INC d.b.a. PACIFIC DESIGN CONCEPTS P.O. BOX 1909, Huntington Beach, CA 92647 714 846-4885 FAX 714 846 -3485 Manufacturer Name: PlayPower LT Farmington (formerly LMeTikes CPS) QUOTE TO 'ORT BEACH, CITY OF NEWPORT BLVD. EWPORT BEACH, CA 92683 TTN: JANET L. CATES hone: (949) 644 -3154 Ext.: ax: (949) 644 -3155 ProducBMcdel# LTCPS -2 -02214 LTCPS -2 -02226 LTCPS -2 -07052 LTCPS -2 -07056 LTCPS -2- 101154 LTCPS -2- 109105 LTCPS -2- 111492 LTCPS -2- 113915 LTCPS -2 -13894 LTCPS -2 -16224 LTCPS -2- 178389 LTCPS -2- 200180 LTCPS -2. 200691 LTCPS -2 -25141 LTCPS -2 -54654 LTCPS -2 -54859 LTCPS -2 -66763 LTCPS -2 -85634 LTCPS -2 -95003 QPB:LA Description Quote # Version Date Representative Bid Date Ship Via SITE LI Phone Fax: TAN TOUCH UP PAINT CAN. BLUE TOUCH -UP PAINT CAN. KID BUILDER TIC -TAC -TOE PANEL, BELOW DECK. KID BUILDER PLASTIC HEX ROOF. PLAY BUILDER 92.5' POST WITH CAP. PLAY BUILDER SQUARE ROOF. IDENTIFICATION LABEL STAMPED WITH RIVETS. KID BUILDER BLUE T POST EXTENSION. KID BUILDER TRIANGLE DECK INCLUDES 3 DECK CLAMPS, 9 SCREWS 8 T -NUTS, 6 HAMMER DRIVE PINS AND 3 WASHERS. KID BUILDER ADA DECK, "SNO CONE" FOR TRANSFER STATION. TOUCH UP VINYL REPAIR. KID BUILDER INFINITY CLIMBER, GROUND TO DECK. KID BUILDER 56" INFINITY WING CLIMBER. KID BUILDER SEVEN STATION PLAY FACTORY PANEL. PLAY BUILDER VILLAGE SEAT PANEL. PLAY BUILDER ANIMAL VILLAGE PANEL. KID BUILDER BLUE T POST EXTENSIONS. KID BUILDER ROCK CHALLENGE WALL FOR 48" DECK KID BUILDER STONE CLIMBER FOR 48" DECK, 2090014477 1 1213/2009 BRETT R MARTIN Common Carrier )CATION BEACH, CA 92658 Discounted Quantity Unit Coat Ext Cost 6 $11.4000 $68.40 12 $11.4000 $136.80 1 $731.0000 $731.00 2 $1,887.0001 $3,774.00 4 $85.8500 $343.40 1 $464.1000 $464.10 2 $0.2975 $0.60 5 $158.1000 $790.50 2 $383.3500 $766.70 1 $229.5000 $229.50 6 $17.1000 $102.60 1 $1,125.4000 $1,125.40 1 $1,050.6000 $1,050.60 1 $1,220.6000 $1,220.60 2 $266.9000 $533.80 1 $676.6000 $676.60 5 $147.9000 $739.50 1 $1,132.200D $1,132.20 1 $1,065.9000 $1,065.90 CITY OF NEWPORT BEACH EXHIBIT A 11 Page 1 of 2 QUOTE TO NEWPORT BEACH, CITY OF 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92683 ATTN: JANET L. CATES Phone: (949) 644 -3154 EM.: Fax: (949) 644 -3155 ProductffcEodel# .......... —• _,_•_, _•_•— •_• —•_ special lnslmcti Vr9OCK IWbVKMAI IUN SITE LOCATION VPORT BEACH - EASTBLUFF PARK WORT BEACH, CA 92658 Phone Fax: Discounted Quantity Unit Coat Ext Cost ACES ARE VALID UNTIL 12131709. ORDER MUST BE PLACED BY 12/9AH TO SHIP YEAR. IF ORDER IS PLACED AFTER 1219709, THE ORDER WILL BE SHIPPED IN FEBRUARY. '— )RS: BLUE POSTS, TAN ACCENTS, BLUE ROOF RIBS WITH FOREST GREEN GES, FOREST GREEN INFINITY CLIMBER a 7 STATION PLAY FACTORY, DEEP TIC TAC TOE PANEL & STONE CLIMBER, DEEP RED & BLUE INFINITY WINGS. tGE HOUSE - BLUE POSTS, DEEP RED PANELS & FOREST GREEN ROOF. I FREIGHT ON ORDER OVER $15,00D.00 LIST PRICE ONLY, IF ORDER PLACED Y9109. DUNTS ON EQUIPMENT & FREIGHT APPROVED PER DAVE SHEEDY. BE SHIP VIA COX OR INNOVATIVE, INSTALLATION IS INCLUDED IN TOTAL AS "OTHER ". REMOVE & REPLACE PLAY STRUCTURE PARTS PER PARTS LIST & DRAWING. —INSTALLATION IS QUOTED AT PREVAILING WAGE RATES" F').l)411 -1LI11111 FREIGHT TAX RATE TAX OTHER TOTAL ............... $O.DO 8.75% $1,308.32 $6,385.00 $22,645.52 ICLIENT IS RESPONSIBLE FOR RECEIVING /OFFLOADING EQUIPMENT. THANK YOUI W e am pleased to submit the above quotation for your consideration. InstallAabor estimate quoted is NOT at Prevailing Wage Rates unless Payment Terms Net 30 days specifically noted. Equipment pricing quote is valid for 90 days, frelaht and labor pricing subject to change. Tax Exempt No Installer. CONTRACTOR Credit Report No Install Estimate: $6,365.00 Map Page #; Call b/4 del name Call b/4 phone ACCEPTANCE OF QUOTATION. The above prices, specifications and conditions are satisfactory and am hemby accepted. Any almmtims or derivations from the abwe will be executed only upon wri ten ardam and will became an "m charge ever and above the Estimate. Shipping andor installation dates subject to change. When placing your order please submit a completed credit application with signed quote and/or purchase order ED that we may process your order without Delay. Plasm print name, sign, date, and fill in email address below. Thank Youl Accepted by Date Accepted Print Name Title/Position Email Address: PLEASE SUBMIT A SIGNED COPY OF THIS QUOTE WITH YOUR ORDER. THANK YOU! QPB: LA 12 Page 2 of 2 DE6 -10 -2009 15:48 PLAYPOWER LT FARMINGTON 1 573 760 7468 P.04 BOND NO. 105344281 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to PlavPower LT Farminaton. Inc. hereinafter designated as the "Principal; a contract for the Eastbluff Park Playground , located at in the City of Newport , 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, Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") We bound unto the City of Newport Beach, In the SUM Of ( Twenty Two Thousand Six Hundred ($22,645.22)---------------- ) 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 tKese 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 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 3181 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 required by and In accordance with the provisions of Sections 3247 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 13 DEC -10 -2009 15:48 PLAYPOWER LT FARMINGTON 1 573 760 7468 P.05 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 duly executed by the above named Principal and Surety, on the 1Dth day of December , 200 9 . PlayPower LT Farmington, Inc.'�� Name of Contractor (Principal) Authorize' Signatuf#Ue Travelers Casualty and Surety Company of America Name of Surety One Tower Square, Hartford, CT 06183 Address of Surety 860 - 277 -1561 Telephone Authorized Agent Signature Debra C. Schneider, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED '1 TER LWELCH Notary Pub k - Notary Seal State of Missaw Commissioned for 5L E2ntois County MYCamrissionEx 'Octobe124,2013 Commissron umber.0946293t 14 TOTAL P.05 DRC -10 -2009 15:48 PLAYPOWER LT FARMINGTON 1 573 760 7468 P.02 CITY OF NEWPORT BEACH BOND NO. 105344281 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 340.00 being at the rate of $ 15.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Pl "iyPover LT Farmington Inc. hereinafter designated as the "Principal," a contract for the Eastbluff Park Playground , located at in the City of Newport 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 Travelers Casualty and Surety Company of America , 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 (rwae�nryiwo� mousamrs x HarYdred'Fony Fros and 221100 --) lawful money of the United States of America, said siUrai'�ng IequalTo 11715°% of [fie eslimafei3 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 the City, only in the event the 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 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. 15 DEC-10-2009 15:48 PLAYPOWER LT FARMINGTON 1 573 760 7468 P.03 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 the 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 loth day of December 200 9 ,i? PlayPower LT Farmington, Inc. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety One Tower Square, Hartford, CT 06183 Address of Surety 860 - 277 -1561 Telephone Authorized Agent Signature Debra C. Schneider, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED E 7f.1 LCH otary seal ouri rancois Cwmy 0*f 24, 228 :09462931 16 PRODUCT WARRANTY STATEMENT Revised January 1, 2009 Poll One -Year Warranty &tleUhls• PlayPower LT Farmington, Inc. (PPLT)Warramn that g any product componerus fag due to defects in materials a, mo maaship,withip we year been data of delivery, PPLT will repair or replace such defutive components W providing free of charge replacement parts) to the site PPLT will not be responsible for the cost of lebw for the removal of nor the cast of tabu, to, the installation of repaired or replacement part(s). In addition, the following limited warranties apply from date of defiverylor the lolbwing PPLT products and components•. Limited 1004ear Warranty On all Kdfl.ildwss atuminum posts and steel damps, undo normal use end proper mainte- nance, against structural failure due to corrosion or demiomfion form exposure to weather caused by defects in materials and workmanship. Limited 100 -Year Warmly and vn On Kidluilders, Skyeuilder£, PlayfluJden', N -R -G I Builders-and MaxPlay' steel posts and stainless sMel hardwarq under normal use and proper maintenance, against structural failure due to car. rosmnordemdorationfrom exposure mWeather cones. caused by defects in materials and workmanship, safety ll G Sudden and MaxFlay main structures under normal use and proper maintenance against struc- tural failure due to corrosion or deterioration Irons exposure to weather caused by detects n mated. als and workmanship. This svananty Includes only the vinyl dad decks, rails, loops and rungs that comprise the main st ucture- FNWG d i5 -Year Warranty Kide ers,M xPley aid Ve PIa- Climbers, Builders, es and and Verse -Oimb+ ylene slides and enclosures, plastic nee an dstainlessstealmitesunder use and proper maintenance maters ral (allure roused by defects in materials Limited 10 -Year Wan On all ShadeBdiders' use a,d proper mainb limited 10 -Year Warranty Uri LandSolt' Rubber Mulch color staidfastrun, Limted 8 -Yew Warranty On the performance and appearance of LandSoft Synthetic Turf safety surfadng, Please contact your local representative for more information. Limited 5 -Year Warranty On all ShadeBuilders fabric due rot, UV deterioration (shades of red are limbed To 3 years) or detective workmanship. Limited 5-yeas Warranty On all nylon rope steel cables and Matrix' steel cables against muctural failure due to mrmsion m Aecedoratim from egrosure, to weather caused by defects in materials and workmanship. Limited S -Year Wananty On all Clever Climbe s- polyethylene slides, enclosures, main structure, decks, and plastic components against failure caused by defects in materials and workmanship. Limited 3 -Yeas WareaNY On Kidiilae, KidTimbers" Border Panels, Rockninben' Border Panels, Playground Sculptures and eel gidiliders' products (excluding spring assemblies) against structural failure due to defects in materials and workmanship. Limited I -Year Warranty On all teeming Lab' Sensory Tables and Tot Tree plasticcomponents (including storage totes) against failure caused by defects in materials andworkrnatnNp The above mentioned warranties do rim include any cosmetic issues, e.g, scratches, rope haying, dents, manng, fading of colors and discoloration of wood :}�� due to weathering, and are wild only if the products are installed in conformity with The layout plan and /or installation instructions furnished by PPLT have Vj$ 4 been mu nniied and inspected in accordance anth PPLT's instructions; have not been subjected to misuse, negligence or accident; have not been subjected w pfleiz005j` addition of substitution of peas; and have not been modilied shared or repaired by person" her PPLT or PPLTs designees. Labor and damage msultmg from vandalism abnormal use, incorrect installation, or lack of mainenance are not covered by this warranty. Except as spetifiuliy stated Imoom. all warmrties, express or implied, Including but not limited to a" Implied warranty of MERCANTAMLITY Or Bfj FITNESS FOR A PARTICULAR PURPOSE us hereby EXCLUDED. This wananty excludes any liability other than expressly stated Including but not limited N181149p to any incidental or corssequea0al damages. Additional PPLT Polkias Loss or Damage an Transit Poi Information on wanaMy claim procedures contact the nearest PPLT A signed bill of lading is our receipt from a carrier that sus shipment W you location (see back cover) or writ. to: Play Power Ll Farmington, loc., was complete and in good condition. Bel you sign, please check this bill P.O. Box 897, Farmington, Missouri 63690. of lading carefully when the shipment reaches you to make sure Mere are no damages or shortages. Once the shipment leaves our plaid, we are no pricing lower reaponsgRe for my damage, loss or shortage Prices are subject to change whhous notice. All mdels are subject W approval by PlayPower LT Farmington, Int.'s, general office. Prices are F.O.B. Canceliations and Returns Farmington, Missouri and do lsW include freight. Lease purchasing option is Canceflations will be accepted upon written notification at our offices. available through the Lease Program. Returns will be accepted only when freight charges are prepaid and we have espressly authorized the return. Parts not included are custom Penn as well Specifications as used or damaged parts. There WIR be a restocking fee for all reamed Product specifications in this utaldg were conect a the time of publication. orders and On cancelled orders. Novices,, PleyPomv LT Farmington, Inc. has a history and policy of coMinu.us product development and improvement and therefore roserves the right to Replacement Parts improve, alator discontinue specifications without notice. For park and playground replacement parts, contactthe nearest PPLT locadon (see back cover). • - wwrr.11llletikeetommeydal.com 01 In the U.S. call: 1- 800 - 825.8822 In Canada call: 1- 600 =26$ -9643' a, 47 K.. {.. 17