HomeMy WebLinkAboutC2018-041 - 2/13/2018 - Approved eve
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SERVICE AGREEMENT NO. 1504
/ Playground Equipment and Installation of Poured-In-Place Fall Zone
18sz/ for Breckenridge Park
THIS playground equipment and Installation of poured-in-place fall zone
Agreement ("Agreement") is entered into by and between the City of Corpus Christi,
a Texas home-rule municipal corporation "City") and The PlayWell Groups, Inc. dba
PlayWell ("Contractor"), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide equipment and installation of poured-in-
place fall zone in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which
RFB/RFP includes the required scope of work and all specifications and which RFB/RFP
and the Contractor's bid or proposal response, as applicable, are incorporated by
reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set
out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide equipment and installation of poured-in-place fall
zone ("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for eight months, with performance commencing upon
the date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-month periods ("Option Period(s)"), provided, the
parties do so in writing and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$70,623.21, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
2018-041
2/13/18
Ord. 031364 717 Page 1 of 7
The PlayWell Groups Inc.
INDEXED
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Joshua Wentworth
Department: Parks and Recreation
Phone: (361) 826-3483
Email: JoshuaW@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the -Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form 12/15/17
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period staled in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator if
the subcontractors were not named at the time of bid or proposal, as applicable.
In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form 12/15/17
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
1S. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joshua Wentworth
Title: Parks & Recreation Superintendent
Address: 1201 Leopard St., 3rd Floor, Parks and Recreation
Phone: (361) 826-3483
- - - - Fax: (361) 826-3174
IF TO CONTRACTOR:
Play Well
Attn: Dan Libby
Title: Sales Consultant/Play Advocate
Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207
Phone: (800) 726-1816
Fax: (505) 296-8600
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form 12/15/17
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Contractor written notice of the breach and set out a
reasonable opportunity to cure. If the Contractor has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor tor failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form 12/15/17
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
22. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law. This Agreement is subject to all federal,State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
25. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form 12/15/17
CONTRACTOR-
Signature: pff'�f/1
Printed Name: ?ClPt c-M ri-5171—
Title: (-- Ct(e.5 Sy
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Date: fi 0 42(, /F'•
CITY OF CORPUS CHRISTI 1,
Signature: "(V\v�1 — -0
Printed Name: 'N`a-r� Pt c mac.._
Title: 'Pr o c.c4_,.cc•.... (' ¢,t
Date: Li t y / t IF '
ATTEST.-111 'e.4••• 7AS2/47-,
RE .CCA HUERTA
r:1iY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule 1.
Attachment C: Insurance and Bond Requirements `b1i-_,.. . \-" AJiNUKILL..
Attachment D: Warranty Requirements
3T coot 2 1'2
Incorporated by Reference Only: #�
Exhibit 1: RFB/RFP No. N/A
Exhibit 2: Contractor's Bid/Proposal Response SECRETAR 4.
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 12/15/17
ii
Attachment A: Scope of Work
Contractor will sell various playground equipment and install Poured-in-Place fall zone
surfacing for the playground equipment area referenced on Attachment B: Bid/Pricing
Schedule at Breckenridge Park located at 7101 Grand Junction Dr., Coprus Christi, Texas,
78413.
Equipment Delivery:
1. Contractor shall coordinate recieving and unloading of the equpment at
the jobsite with the installar and Contract Administrator. Installer shall
dispose of debris debris as needed. The trucking company personnel will not
unload.
2. On Site Storage of equipment is the responsibility of the City from the time the
shipment is received until completion of the project, unless otherwise arranged.
3. Security of equipment is the responsibility of the City unless otherwise arranged.
4. Contractor is not responsible for vandalism, theft, or subsequent repairs and
replacement of equipment. This refers only to the protection of the delivered
equipment and does not apply to the warranty or replacement of any missing or
damaged parts.
Installation of Poured-In-Place:
1 . The installation price of the poured-in-place surfacing is based on normal soil
conditions. Unusual soil conditions that require the use of a jack hammer, or other
such equipment, will incur additional charges.
2. The installation price does not include removal of sand, or anything else, which
may hinder installation of equipment unless otherwise arranged.
3. Seamless Poured In Place to cover 1,410 sq. ft. slab, 150 LF beveled edges.
Colors: 50% Green and 50% Black
4. The City is responsible for blue-staking the job site and staking out any
underground utilities prior to installation. The City is responsible should damage
occur.
5. The job site must be ready and area leveled, when the Contractor arrives to
begin the job. Any downtime shall incur additional fees.
6. Vehicle access must be provided to the jobsite. Heavy equipment access to the
jobsite may be required.
7. The Contractor will take all precautions to see that landscaping is not damaged
during the installation, but will not be responsible should such damage occur.
All installation shall be in accordance with the Public Playground Safety Handbook
latest edition produced by the U.S. Consumer Product Safety Commission.
Page 1 of 1
Attachment B: Bid/Pricing Schedule
PlayWell www.playwellgroup,com QUOTATION
800-7261816 QUOTE# 12/13/2017
9870
The PlayWeii Group,inc. 505-296.8900 (fax)
Athletic,Park,and Playground Equipment
Serving Texas,New Mexico,Oklahoma.and Arkansas since 1988
BILL TO: SHIP TO:
City of Corpus Christi City of Corpus Christi-Breckenridge Park
Accounts Payable Josh Wentworth-Park Operations
PO Box 9277 5352 Ayers Street, Building 4
Corpus Christi,TX 78469 Corpus Christi,TX 78415
Phone: (361)826-3475 Phone: (956)239-3586
CUST. PO# TERMS SALES REP COUNTY QUOTE EXPIRATION
NET 30 DPL NUECES 1/12/2018
ITEM DESCRIPTION QTY LIST PRICE DISC.PRICE TOTAL
BUYBOARD#512-16 BUYBOARD CONTRACT#512-16 EXPIRES 0.00 0.00
9/30/2018
OPTION THREE
PLAYWORLD
ZZXX0074 ACTIVO-ARIA 1 24499.00 23,274.05 23,274.05
PST:BLUE
CMPI:YELLOW
RP1:YELLOW
ROPE:BLACK
ENERGI-PR-500 COMPLETE ENERGI 5-STATION SYSTEM 1 18775.00 17,836.25 17,836.25
INGROUND MOUNT
PST:BLUE
CMP1:YELLOW
SPI:YELLOW
SHIP SHIPPING AND HANDLING 1 3939.83 3,939.83 3,939.83
RUBBERCYCLE
PIP RUBBERECYC... POURED IN PLACE SURFACING-GENESIS 1 25360.29 24,092.28 24,092.28
SEAMLESS PIP TO COVER 1410SF DELIVERY
PRICING-50%GREEN&50%BLACK.
INCLUDES MATERIAL,FREIGHT AND
INSTALLATION. PRICE INCLUDES 150LF
BEVELED EDGES.
NOT PROVIDED:SUB BASE PREPARATION TO
BE PROVIDED BY OTHERS.
BOND PERFORMANCE&PAYMENT BOND 1 1480.80 1,480.80 1,480.80
QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written
approvals and/or deposit. Please email or fax all pages. SUBTOTAL $70,623.21
PLEASE REMIT YOUR DEPOSIT TO:
THE PLAYWELL GROUP, INC.
9430 SAN MATEO BLVD., NE, UNIT G SALES TAX (0.0%) $0.00
ALBUQUERQUE, NM 87113
Date Signature TOTAL $70,623.21
� f
Page 1 of 1
Attachment C: Insurance and Bond Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation endorsement is
required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
_... certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
Including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises -Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
INSTALLATION FLOATER Value of the equipment
Page 1 of 5
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractors sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
Page 2 of
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Parks and Recreation
Park Equipment and Installation
01/18/2018 sw Risk Management
Page 3 of 5
00 6116 PAYMENT BOND BOND NO.
Contractor as Principal Surety
Name: Name:
Mailing address(principal place of business): Mailing address(principal place of business):
Physical address(principal place of business):
Owner
Name: City of Corpus Christi,Texas
Mailing address(principal place of business):
Purchasing Division n Surety is a corporation organized and existing
1201 Leopard Street 4' Floor under the laws of the state of:
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its
authority to do business in the State of Texas and
Contract its license to execute bonds in the State of Texas.
Project name and number: 1504 Playground
Equipment and Poured-In-Place Fall Zone for Telephone(main number):
Breckenridge Park
Telephone(for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: Address:
Contract Price:
$70,623.21
Bond Telephone:
E-Mail Address:
Date of Bond:
(Date of Bond cannot be earlier than Award Date The address of the surety company to which any
of Contract) notice of claim should be sent may be obtained
Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the
this instrument in 4 copies,each one of which shall following toll-free number 1-800-252-3439
be deemed an original.
Payment Bond Form 00 6116-1
1504 Playground Equipment and Poured-In-Place Fall Zone for Breckenridge Park are m-u-:ors
Page 4 of 5
Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment
Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal
and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly
and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays
all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work
required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain
in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter
2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall
be determined in accordance with the provisions of said Chapter to the same extent as if it were copied
at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action.
Contractor as Principal Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
Date: Date:
(Attach Power of Attorney and place surety seal below)
END OF SECTION
Payment Bond Form 00 6116-2
1504 Playground Equipment and Poured-In-Place Fall Zone for Breckenridge Park Rev.01-13-20s
Page 5 of 5
Attachment D: Warranty
A. Poured-in-Place
Poured-in-Place surfacing shall have a minimum of five year limited warranty
commencing from the date of the substantial completion. The limited warranty shall
provide for 100% of the cost for necessary repairs caused by the failure of Poured-in-
place surfacing only. The limited warranty includes the contractor's obligation to repair
and/or replace any defective materials or workmanship in the surface are or surface areas
that have failed during the warranty period. A failed area/areas include edge raveling,
bubbling, delamination, peeling, and loss of integrity as a result of a failed system.
B. Playground Equipment
1. LIFETIME on steel and aluminum posts stainless steel hardware, clamps, deck hangers,
posts caps, and cast aluminum parts, except as otherwise specified below.
2. 25 years on Spring Mates aluminum castings
3. 15 years on all perforated steel decks and stairs, steel rails, stationary weldments,
rotationally-molded and sheet slides, aluminum slide, and PlayWeb tubular steel parts,
except as otherwise specified by product family type.
4. 10 years on fiberglass signage, shade fabric and components accessible swing seats,
steel-core cable.
5. 5 years on flex treads, steel coil and C springs, specialty wood and ploycarbonate
panels, and site amenities including all benches tables, litter receptacles and bike
racks. All motion/moving play components and parts.
Contractor shall provide warranty documents for the equipment and poured-in-
place product which are incorportated by reference only. (Playworld 2017 and
Genesis Warranty)
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