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.
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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.
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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