Res 189-2007 12/4/2007 ,�
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RESOLUTION NO. 189-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN A CONSTRUCTION
CONTRACT WITH GRINDLINE SKATEPARKS FOR THE CONSTRUCTION OF
A CONCRETE SKATE PARK; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, The City of Wichita Falls desires to build a concrete skate park; and
WHEREAS, The Mayor and City Council previously approved a design services
agreement with Grindline Skateparks for the design of a skate park; and
WHEREAS, The design process is nearly complete: and
WHEREAS, Staff is recommending the attached construction contract with Grindline
Skateparks in the amount of $416,523 to complete the design-build process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to sign the attached Construction
Contract with Grindline Skateparks in the amount of $416,523 for the construction of a concrete
skate park.
SECTION 2. It is hereby officially found and determined that the meeting at which this
resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 4 day of December, 2007.
MAYOR
ATTEST:
i Clerk
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SKATEPARK CONSTRUCTION CONTRACT
Grindline Skateparks, Inc. City of Wichita Falls
(Hereinafter referred to as "Contractor") (Hereinafter referred to as "Owner')
Mailin Address: Mailin Address:
461914th Ave SW City of Wichita Falls, TX
Seattle, WA 98106 1300 7th St.
Phone: (206) 932-6414 P.O. Box 1431
Facsimile: (206) 932-6840 Wichita Falls, TX 76301
Phone: (940) 761-7404
Facsimile: 940) 761-88��
NAME OF THE PROJECT: �� — � 6 —� 7
This Agreement is made and entered into b� 1 , `,� �� �'�� s
document is signed by Owner. �'-��` `
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Owner and Contractor agree as follows: ��� ��p�
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1. SCOPE OF THE WORK. �"`�'�'"'
Contractor agrees to furnish all necess
facilities and other items required to bL �,'� .
Scope of work is described in the
Specifications". The Scope of Work so
Without a written directive of an authori�
shall not perform any services that are in a
Exclusions:
• Landscaping
• Landscape restoration including but is not limited to: re-sodding or hydro
seeding, concrete or asphalt pavement repair, removal of construction
entrance/staging area)
• Topsoil (grades around the perimeter of the Skatepark footprint will be left to a
rough grade. Areas to receive sod by others to be left at a 3:1 max slope.)
• Water and Power (to be provided by city).
• Hauling of site spoils (Grindline to clear and grub site, removal of material to be
provided by city.)
• Peripheral site amenities including but not limited to: Sidewalks, benches,
fencing, drinking fountain, restrooms, lighting, electricity, parking, curbing.
• Concrete and/or Compaction Testing.
• Utility relocating.
• Irrigation restoration/relocation.
461914"� Ave SW - Seattle, WA 98106
ph.(206)932-6414 &.(206)932-6840
wrvw•�rindlule.com email. informQgrindline.com
. .
2. COST OF THE WORK.
Owner shall compensate Contractor for the Work on a Lump Sum, Not-to-Exceed basis.
Contractor's total fee is $416,523. Exhibit B illustrates a Schedule of Values with the
major components of the projects, unit prices and total price.
3. CONTRACT TIME AND SCHEDULE.
a. Contract Time. Contractor agrees to begin performing the Contract no later than
December 7, 2007.
b. Contract Schedule. Contractor will provide a schedule for the progress of the Work as
Exhibit C. Contractor will update the schedule at reasonable intervals, if requested to do
so.
c. Liquidated Damages. If the Contractor fails to deliver and install the equipment in accordance
with the specified contract schedule, it is understood, and the Contractor hereby agrees, that
the amount of $250 per day for a period of up to 90 days shall be deducted from the monies
due the Contractor for each intervening calendar the project remains incomplete, not as a
penalty, but as liquidated damages. However, the Contractor shall not be liable if failure to
perform arises out of causes beyond the reasonable control of the Contractor and without the
fault or negligence of the Contractor (acts of God, the public enemy, fires, floods, strikes,
freight embargoes, etc.). After 90 days, the City reserves the right to enforce the provisions of
the performance bond or continue the liquidated damages, at a daily rate of $500, with a
maxunum not to exceed the value of the contract.
4. CONTRACTOR'S RESPONSIBILITIES.
a. Cooperation. Contractor will cooperate with the Owner, other Contractors and the
Architect in the progress of the Project. Contractor will also take all reasonably necessary
precautions to protect the Work of Owner and other Contractors from damage that may
be caused by Contractor's Work.
b. Payment of Employees, Subcontractors and Suppliers. Contractor agrees to pay its
employees, Subcontractors and suppliers for all labor, services and materials supplied in
connection with the Project. Contractor will indemnify and hold Owner harmless from
any claims made by Contractor's employees, subcontractors and suppliers, providing
Contractor has been paid for the Work that is the subject of the Claim.
c. Progress Reports. Upon request by Owner, Contractor will supply reports on the
progress of the Work and status of materials or equipment for use on the Project.
d. Shop Drawings, Product Data, Samples. Contractor will promptly submit Shop
Drawings, Product Data, Samples or other documents and materials required by the
Contract Documents within sufficient time so as not to delay the work and to obtain
Owner's approval for such items.
e. Safety. Contractor will take all reasonably safety precautions applicable to the Work and
will comply with all safety programs or requirements set forth by Owner. Contractor
will comply with all safety laws, regulations and/or ordinances applicable to the Project
that are set forth by any governmental agency with jurisdiction over the Project.
Contractor will maintain a safe workplace at all times and will immediately report any
injuries or safety problems to Owner. If Contractor uses a hazardous substance of a type
which an employer is required by law to notify employees that the substance is in use,
Contractor will not use such substance without obtaining prior written permission from
Owner and notifying Owner of the use of the substance in sufficient time and with
sufficient detail to allow Owner to comply with such laws.
f. Notices, Laws, Permits, Fees. Contractor will comply with all applicable federal, state,
and local laws, rules, regulations, ordinances or any other rules set forth by any
governing authority with jurisdiction over the Project, including but not limited to all
laws related to taxes, social security acts, unemployment compensation acts, and
worker's compensation acts. Contractor will also be responsible for giving all notices
required by federal, state and local laws, rules, regulations or ordinances and will secure
and pay for all permits and licenses necessary for the completion of the Work.
g. Cleaning up. Contractor will maintain a clean work site and will keep the premises free
from accumulated waste.
h. Warranty. Contractor warrants that the materials supplied and the equipment furnished
will be of good quality and new unless otherwise specified or permitted by the Contract.
Contractor warrants that the Work will be free from defects not inherent in the quality of
the Work and will conform to the Contract Documents. This warranty is in addition to
any other warranty provided by law or the Contract documents.
i. Three Year Correction Period. For a period of three years after Substantial Completion of
the Project, Contractor agrees to correct any Work that is not in conformance with the
Contract Documents. The Performance Bond shall cover a two year warranty period
with a one (1) year extension after review from surety.
j. Assignment of Contract and Subcontracting. Neither party will assign the Contract
without the written consent of the other. Contractor will not be relieved of any of the
responsibilities of this Contract by assigning or subcontracting the Work or any portion
thereof.
k. Accounting Records. Contractor will keep records, including accounting records, relating to this
Project in a form acceptable to Owner and will allow Owner access to all records upon reasonable
notice to Contractor to review and audit such records.
l. Independent Contractor. Contractor shall at all times act as an independent contractor in the
performance of this Agreement. Neither Contractor nor its employees or agents shall represent
themselves to be, or be deemed to be, employees of the City and the City shall have no control
over the detai(, manner, or methods of Contractor's performance under this Agreement.
m. Project Manager. The Contractor shall, upon award of the contract, assign an individual to
oversee and have complete responsibility for the project. This "Project Manager" shall manage
and direct the plannntg, delivery, installation, and performance verification. The City reserves
the right to disapprove, with reasonable cause, any individual designated as Project Manager
before or after he or she is appointed. In the event of disapproval, the Contractar has the sole
responsibility to provide a Project Manager who is acceptable to the City. The Project
Manager shall coordinate all work between the various parties involved (i.e., manufacturer,
subcontractors, installation company, etc.), and provide unmediate liaison between the
Contractor and the City.
, �
The Project Manager shall be available on site as required to perform the proposed work in
conformance with the specifications. The Project Manager shall have "Corporate Autharity" to
make decisions concerning all aspects of the project (i.e., contractual, financial, technical, etc.).
These decisions shall be made in the field without lengthy "chain-of-command" formalities.
Monthly project meetings between the City and the Contracto�'s Project Manager shall be
conducted for the duration of the project.
5. INDEMNIFICATION.
a. To the fullest extent permitted by law, Contractor will indemnify and hold Owner and its
consultants, employees and agents ("Indemnitees") harmless from all damages claims,
losses, and expenses, including but not limited to attorneys' fees, arising out of or
resulting from the performance of Contractor's Work under this Contract, provided that
such damage claim, loss, and/ or expense is attributable to bodily injury, sickness, disease
or death or to the damage or destruction of property (other than to the Work itselfl, but
only to the extent caused by Contractor's negligence or the negligence of Contractor's
employees, subcontractors, agents, suppliers, or anyone else for whose acts the
Contractor may be directly or indirectly liable. The Contractor will not, however, be
liable to so indemnify where the damage, claim, loss or expense is attributable to the sole
negligence of Indemnitees. In the case of concurrent negligence, Contractor will only be
required to so indemnify to the extent of Contractor's negligence.
b. Owner, to the fullest extent permitted by law, shall indemnify, hold harmless and defend
Contractor and any of Contractor's officers, directors, employees, or agents from and
against claims, losses, damages, liabilities, including attorney's fees and expenses, for
bodily injury, sickness or death, and property damage or destruction (other than the
work itsel� to the extent resulting from the negligent acts or omissions of Owner's
separate contractors or anyone for whose acts any of them may be liable.
6. CHANGES.
a. Without invalidating the Contract, Owner may make changes in the Scope of the Work
and in the Contract Time. All changes to the Contract will be made in writing by Change
Order and will be signed by both parties before being valid.
b. Contractor shall be entitled to an equitable adjustment in the Contract Time and the cost
of the Contract as a result of such changes.
7. DISPUTE ftESOLUTION.
a. Claims, disputes and other matters in question between Owner and Contractor will be
decided first by good faith, non-binding mediation before a mediator of the parties'
choice. A representative of each party with authority to settle the Claim will be present
at the mediation. Good faith mediation will be a condition precedent to arbitration or
litigation. Unless the parties agree otherwise, all unresolved claims shall be considered at
a single mediation at the conclusion of the Project. The parties shall share equally the
cost of the mediator and shall bear their own costs and attorneys' fees.
b. All claims not resolved by mediation shall be determined by litigation. The parties agree
that venue for such cases shall be in Wichita County, Texas.
c. Both parties agree to waive all consequential damages as against each other.
8. TERMINATION OF THE CONTRACT.
a. Owner may terminate Contract at any moment and for any reason at their own
discretion. Contractor shall be entitled to payment for work completed up until point of
termination by Owner.
b. Contractor may terminate this Contract if Owner fails or neglects to carry out the Work
in accordance with the Contract Documents or otherwise materially breaches the
Contract. Contractor shall provide Owner with seven calendar days' notice of the breach
and provide Owner with an opportunity to cure the Contract. Should Owner fail to cure
the Contract, Contractor shall have the right to terminate the Contract. Contractor shall
be entitled to payment for work completed plus overhead and profit. Contractor shall
also be entitled to recover the cost of expenses reasonably related to the termination.
9. PROGRESS PAYMENTS.
a. Contractor will submit applications for payment to Owner once a month. Payment
pursuant to the pay applications shall be due within 21 days of the date Owner receives
the pay application. Contractor shall be entitled to interest on amounts over 30 days past
due (not including amount held in retention) at a rate of 1% per month.
b. City has the right to withhold payment for an invoice. In the event the City wishes to
withhold payment from the Contractor, the City shall notify the Contractor in writing of
a specific breach(s) of this agreement. Within seven days, the Contractor shall respond in
writing with specific steps to cure the breach. If Contractor provides a cure plan
acceptable to the City, it will begin implementing the cure plan immediately after receipt
of the City's approval of the plan. If Contractor fails to cure its breach(s) or to provide an
acceptable plan for such cure, or if Contractor fails to comply with such plan, the City
may withhold payment on an invoice(s) until such breach is remedied.
c. Pay applications will accurately depict actual expenses incurred by Contractor and will
reflect the payment schedule agreed upon by the parties.
d. Owner will make final payment to Contractor when Contractor has fully performed the
Scope of the Work in accordance with the requirements of the Contract Documents and
Contractor has submitted the final pay application.
e. Payments will be sent via FedEx (bill Contractor's FedEx acct. # 249 409 480) to:
Grindline
461914th Ave SW, Seattle, WA 98106
f. Checks should be made payable to "Grindline Skateparks, Inc".
g. Owner will hold retention on work completed as follows: 10% for the first 50% of the
work, 0% for the remainder. Retention will be released to Contractor 30 days after final
completion of work.
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10. PUNCHLIST ITEMS.
The City and Contractor agree that in the process of completing the project, a few Minor "punch
listed" items requiring resolution that do not project safety, or impact final project acceptance
will be discovered. As these occur and are identified, the City and Contractor will review the list
of minor issues to determine if project acceptance can be achieved prior to completion of the
punch listed items accrued from previous tests. If the City and Contractor mutually agree that
project acceptance can proceed, the City and Contractor shall mutually (and reasonably) agree in
writing upon the punchlist items to be completed and the value of those items. For the purpose
of initiating the Warranty Period, satisfying the Project Implementation Schedule requirements
and the release of payments (other than the value of the punchlist items), the project shall be
deemed satisfied and completed. This shall not, however, release Contractor from its obligations
to diligently complete the remaining punch-listed items on the punchlist schedule.
11. INSURANCE
a. Contractor will obtain, pay for and maintain the coverage and amounts of coverage not
less than those below and will provide Owner with certificates issued by insurance
companies satisfactory to Owner to evidence such coverages.
b. Contractor will procure and maintain the following types of insurance at limits no less
than stated below.
.1 Worker's Compensation complying with the laws of the State of where the
Project is located and Employer's Liability insurance as well as any similar
coverage required for this work by applicable Federal or State law.
.2 Products and Completed Operations Coverage for the protection against bodily
injury and property damage claims arising from this hazard at a limit no less
than $1M/2M.
.3 Commercial Liability insurance with a combined single limit for bodily injury
and property damage no less than $1M each occurrence covering all insurable
obligations or operations of Owner.
.4 Business Automobile Liability with a combined single limit for bodily injury and
property damage no less than $1M each occurrence to include coverage for all
owned, non-owned and hired vehicles.
c. Limits of Liability: The insurer's maximum liability for all Loss and Claims Expenses
resulting from each Claim shall be the limit of Liability for each claim set forth in item 3
(A) of the Declarations. The insurer's maximum aggregate liability for all Loss and
Claims Expenses resulting from all claims covered by this Policy shall be the aggregate
Limit of Liability for all Claims set forth in item 3(B) of the Declarations.
12. SEPARATE CONTRACTORS.
a. The parties recognize that Owner may perform construction related to the Work with its
own forces or with separate contractors. Owner shall provide for coordination of such
forces with the work of Contractor, who will cooperate with them.
13. SURETY BONDS 1�W�
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With the execution and delivery of the contract, the Contractor shall furnish and file wii V�'"'� _
in the amounts herein required, the surety bonds specified hereunder. Without exce C �..�� ���u
City's bond forms must be used, and exclusive venue for any lawsuit in connection ��
bonds shall be specified as the county in which the City's principal office is located. Su (�,� �
bonds shall be in accordance with the provisions of Chapter 2252 Texas Government �C �� �� i
/��mended. `�� ,�
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� but in no event shall a change which reduces the contract amount reduce the penal ai
�uch bonds. cr t �e b o,,: r,� ��r -I t-c C� t�-U--� t- � ��--e � �`^ "�`'�,
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(a) � Performance Bond. A good and sufficient bond in an amount not less than the total J ��'°Y
amount of the contract, as evidenced by the proposal tabulation, guaranteeing the full �� �'. ���
and faithful execution of the work and performance of the contract in accordance with v ���'" `
the plans, specifications and contract documents, including any extensions thereof, far ``"'` �`-°��° Y `
the protection of the Buyer. u���"' .
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(b) Payment Bond. A good and sufficient bond in an amount not less than the total amountti �`,� �,� v�
of the contract, as evidenced by the proposal tabulation, guaranteeing the full and proper s uc�� ,� �,,.r<.
protection of all claimants supplying labor and material in the prosecution of the work i�� +� pa
provided for in said contract and for the use of each claimant. s� o � fz.�
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(c) Sureties. No sureties shall be accepted by the City who are now in default or delinquent 5-•-�+
on any bonds or who are interested in any litigation against the City. All bonds shall be
made on forms furnished by the City and shall be executed by not less than one �J �
corporate surety authorized to do business in the State of Texas and acceptable to the
City. Each bond shall be executed by the Contractor and surety.
14. LIMITATION OF LIABILITY Contractor's total liability for any and all damages arising out of or
in any way related to this Agreement from any cause shall not exceed one (1) times the value
of this Agreement. Notwithstanding anything to the contrary, in no event shall Contractor be
liable for any incidental, consequential, indirect or special damages regardless of the legal
theory under which such damages are incurred. Except as otherwise provided by applicable
law, no claim, regardless of form, arising out of or in connection with this Agreement may be
brought by the City more than two (2) years after the cause of action has occurred.
15. RIGHT TO INSPECT. City and/or its authorized representative(s) has the right to inspect
the premises and quality of work. City shall contact the Project Manager at least 24 hours in
advance of an inspection.
. ,
13. SURETY BONDS
With the execution and delivery of the contract, the Contractor shall furnish and file with the City
in the amounts herein required, the surety bonds specified hereunder. Without exception, the
City's bond forms must be used, and exclusive venue for any lawsuit in connection with such
bonds shall be specified as the county in which the City's principal office is located. Such surety
bonds shall be in accordance with the provisions of Chapter 2252 Texas Government Code, as
amended. Notwithstanding any (anguage in the bonds or the Contract to the contrary, the��
pennl sum of the performance and payment bonds shall not increase in nn nmount exceeding
20% of the original contract price, unless the Obligee obtains prior written npprovnl nnd
consent to such incrense in the penal sum of the bonds from the Surety but in no event shall
a change which reduces the contract amount reduce the penal amount of such bonds.
(a) Performance Bond. A good and sufficient bond in an amount not less than the total
amount of the contract, as evidenced by the proposal tabulation, guaranteeing the full
and faithful execution of the work and performance of the contract in accordance with
the plans, specifications and contract documents, including any extensions thereof, for
the protection of the Buyer.
(b) Payment Bond. A good and sufficient bond in an amount not less than the total amount
of the contract, as evidenced by the proposal tabulation, guaranteeing the full and proper
protection of all claimants supplying labor and material in the prosecution of the work
provided for in said contract and for the use of each claimant.
(c) Sureties. No sureties shall be accepted by the City who are now in default or delinquent
on any bonds or who are interested in any litigation against the City. All bonds shall be
made on forms furnished by the City and shall be executed by not less than one
corporate surety autharized to do business in the State of Texas and acceptable to the
City. Each bond shall be executed by the Contractar and surety.
24. LIMITATION OF LIABILITY Contractor's total liability for any and all damages arising out of
or in any way related to this Agreement from any cause shall not exceed one (1) times the
value of this Agreement. Notwithstanding anything to the contrary, in no event shall
Contractor be liable for any incidental, consequential, indirect or special damages regardless
of the legal theory under which such damages are incurred. Except as otherwise provided by
applicable law, no claim, regardless of form, arising out of or in connection with this
Agreement may be brought by the City more than two (2) years after the cause of action has
occurred.
15. RIGHT TO INSPECT. City and/or its authorized representative(s) has the right to inspect
the premises and quality of work. City shall contact the Project Manager at least 24 hours in
advance of an inspection.
In Witness hereof, Owner and Contractor have caused this Agreement to be executed and
accepted by their duly authorized officials:
Grindline Skateparks, Inc.: City
By: g i �
(signa re) (signature)
Emily Giaq inta I��'i.�r_ .� v
(name--type or print) (name type or print)
Chief Financial Officer �,' . �, � a�P✓
(title) (Htle)
�c�"ll���a� �2/slaoo�
(date) (date
Exhibit A- Detailed Plans and Specifications
Exhibit B- Schedule of Values
Grindline Skatepazks, Inc. Invoice Schedule of Values Wichita Falls, TX Skatepark
Date: 12/31/07 Period Covered: tlw 12/31/07
D<suiption o( Work Scheduled Totat Earned Percentage Halanm to
Value Ta Date This Period Complete Finleh
Genera! Conditions S 74,97419 S • 0.00% 574,979.14
Greding S 58,313.72 S • 0.009L 558,31332
Drai�age f 16,6fi092 $ - O.00X 516,660.92
Coping/Steel Edge . S 16.5(A.92 5 - 0.00% $16,660.92
Formwork S 45,817.53 S - 0.00% 545,877.53
Rebar S 33,321.84 S - 0.00% $33,321.84
Shotcrete/Concrere S 170,T/4.41 S 0.009i 5170,774.43
Subtotals: $416,523.00 $0.00 $0.00 $416,523.00
Total Due This Period: $0.00
Exhibit C - Contract Schedule
ID ;$ Task Name ' Duration Start Finish ;. _ Dec 9 07 _ Dec 16 07 � Dec 23, '
, W �
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T: F, S_,� S: M" T� W T M T W T: F
_ �. _..
1 � Precon Meeting 1 day Thu 12/6/07 Thu 12/6/07 �
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2 3� Site Grading 25 days Fri 12/7/07 Thu 3/27/08 � �
�3 �� Formwork 32 days Wed 12/12/07 Fri 5/16/08 =
__._.. _. ,��������� � �� ����� � .
4 ;� Rebar 17 days Tue 1/15/08 Tue 5/20/08 � :
__._ ,
5 Q ' Coping/Steel Edge 12 days Mon 12/17/07 Thu 5/1/08 ;
6 '�"� ; Concrete/Shotcrete 38 days Thu 1/17/08 Fri 5/23/08 � � �
�� 7 � Cean Up 4 days Mon 5/26/08 Thu 5/29/08 �
�8 Q ', Punchlist 2 days Thu 5/29l08 Fri 5/30/08 �
Task �-� Milestone ♦ Extemal Tasks � ��� �� �
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Project: Wichita Falls const schedule gPlit Summa External Milestone
Date: Tue 11/27/07 ������������������„������������������ ry
Progress Project Summary � Deadline v
Page 1
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Page 5
� . , �
SECTION i: PERFORMANCE AND WARRANTY BOND
THE STATE OF TEXAS
COUNTY OF WICHITA SURETY'S NO: _ Lc4572
KNOW ALL MEN BY THESE PRESENTS, THAT
Grindline Skateparks, Inc.
�hereinafter called the Principa((s}), as Principal(s),
and Contractors Bonding and Insurance Company
{hereinafter called the Surety(s)}, as Surety(s), are held and firmly bound unto the City of
Wichita Falls, Texas, a home rule municipal corporation of WICHITA County, Texas,
(hereinafter called the Obligee), in the amount of Dollars ($
416,523. ..:__), for_the_payment_whereof_the said.Principal and Surety bind_themselves,.:.their._ _.._ .
heirs, administratars, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee,
dated the 12th day Of December , 2Q07 , t0 December 12, 2009
, specifically including in the scope of this work and bond, the additional
SPECIAL WARRANTY provisions set forth in the contract documents, which contract is hereby
referred to and made a part hereof as fully and to the same extent as if copies at lengih herein,
as wel! as the Principal's primary obligation to perform according to plans and specifications.
NOW, THEREFORE, the condition of this obligation is such, that if the said Principal
shall faithfully perform the work in accordance with the contract documents, including any
addendum thereto, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED further that if any legal action be filed upon this Bond venue shall lie in
Wichita County, State of Texas.
Surery, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, specifications or drawings accompanying the same, or any assignment of the contract
as may be provided for the instructions to bidders, shall in anywise affect its obligation on this
Bond, and it does waive notice of any such change, extension of time, alteration or addition to
the terms of the contract, assignment thereof, or to the work to be performed thereunder.
I-1
IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this
ins#rument, this 12th day of December , 20g�.
Contractors Bondin�and Insurance Company
Principal Surety
Grindli Skateparks, Inc. _
By -�'�;� ��g �f,�� By ,' _
Jeffrey . t art Attorney In Fact
Address: Ad r . Mc onald Insurance Graup
P O Box 3089
Grindline Skateparks, Inc
46 I 9 I 4th Ave SW 416 6 th S t S.
Seattle WA 98106 Kirkland, WA. 98083
APPROVED AS TO FORM:
City Attorney
NOTE: Attach Power of Attorney
1-2
SECTION J: PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF WICHITA SURETY'S NO: LC4572
KNOW ALL MEN BY THESE PRESENTS: That Grindline Skateparks, Inc. of the
City of Seattle Courtty of King and State of wA.
as Principal and Contractors Bonding & Ins co. , as Surety, are held and
firmly bound unto the City of Wichita Falls, Texas, a home rule municipal corporation of Wichita
Couniy, Texas, as obligee, in the amount of
Dollars ($ 416 ,523. ), for the payment whereof the said Principal and Surety bind
- themselves,--.their heirs, administrators, executors, successors . anci--assigns, jointly. and
severally, firmly by these presents.
WHEREAS, ihe Principai has entered into a certain written contract with the Obligee,
dated the 12th dey Of Decemt�er ,2007 , t0 December 12, 2009
, which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of the obligation is that if the said Principal shall pay
all claimants supplying labor and materia) to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be null and void; otherwise, it is to
remain in full force and effect.
PROVIDED further that if any legal action be filed upon this Bond venue shall lie in
Wichita County, State of Texas.
Surety, for value received, stipulates and agrees that no change, extension of time
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, speciiications or drawings accompanying the same, or any assignment of the contract
as may be provided for in the instructions to bidders, shall in anywise affect its obligation on
this Bond, and it does waive notice of any such change, extension of time, alteration or
addition to 1he terms of the confiract, assignment thereof, or to the work to be performed
thereunder.
I-3
a . +
IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this
instrum nt, this 12th dey Of December , 20 07 .
� Contractors Bonding and Insurnace Company
Princi Surety
Grindli e Skateparks, Inc. ,
By Vv1 � � l� �( c a{� By . , �._ _
Jeff �, tewart Attorney In Fact
Address: A d SS: cDonald Insurance Gr�up
PO Box 3089
Grindline Skateparks, Inc 416 6th St. S.
4619 14th Ave SW
Seattle WA 98106 Kirkland, WA. 98083
APPROVED AS TO FORM:
City Attorney
NOTE: Attach Power of Attorney
I-4
A 1� ' .
BOND RIDER
CONTRACTUAL LIMITATION OF ACTION REDUCING STATUTE OF
LIMITATIONS FOR BRINGING SUIT
To be attached to and form a part of payment and performance bonds number
LC4572 (the "Bonds") issued by Contractors Bonding and Insurance Company
("Surety") in the amount Of $ 416 ,523. and dated 12/12/0� , naming
Grindline Skateparks, inc. as Principal and
City of Wichita Falls, TX as Obligee for wichita Falls
Skatepark (the " Contract "�.
The following additional terms are incorporated into the Bonds: - - --
Notwithstanding any language to the contrary in the Bonds or Contract, which are
incorporated herein by this reference, no claim or suit may be brought against
Surety or to enforce any right arising under the Bonds, more than 2 years
after completion or abandonment of the Contract by the Principal, or after
issuance of the certificate of occupancy for the contract work, whichever comes
first. In the event this contractual limitation of action provision is found
unenforceable or prohibited by law, the minimum limitation of action period
available to sureties as a defense shall apply.
In the event of a conflict between the terms of the Bonds and the terms of this Rider, the
terms of this Rider shall control.
Grindline Skateparks, Inc.
CONTRACTORS BONDING
Prin ipal AND INSURANCE COMPANY
By: �� ,
_____--._
B �
�w� � C 1< u��t � CT�Z7 --
( � t nam and title) _
Jeffrey L. stewart.Attorney-in-Fact
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�_� ��: Ex+e�utec� On or.�.f�t�r OCTOSER 31ST� a�oa �umb�x: 2 flz�.z� � ��
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..� Qnly �n unalt�r�d original ofthis Power o£Attorney dacument is v�lizi. A valicl original �af this tlocucc�e�t is printed �n gray
t seeurity paper with bla�k and red ink: and bears ths seai of Contractors Banding and Insurane� �ompany �the "Gamp�n�"j. ,
' 'I'he Qrigina} c�ocum�nfi cantaans a watermari�'with the letters "cbic" embedde� in the gaper r�tY►er than printed tipon it, The �' �
,;t� watermark appears in the btank sgace b�neath th� wards "Liznited Powez o:EAttarney" at the;tog nf #he docuinent and is '%;;
visi6le when the docum�nt is'held to the Iight.', This document is valid salely in �onnection rovith fhe ex�cuti�n and deIivery �f
;, the bond bearing #he'numher indic�ted 6elow,: and provic�ed aiso ihat the 6ond is of th� type indicated below. This doeut�ent ,,
:�; is valid only if the bond is execut�d c�n or before the date indicated abave. ;�; ;`
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r,, �C?W ALL �N BY TH��� P�,2ES�NTS, tht�t the, Ccmpany dt�es h�te]sy �k�, ', const'f�t�te'
�d appo,�nt the fo�.lowinqs JEFi�Y L. �TEQTART, MOI�'tC� M. �+�CC1�NN. T,YN�TTl� C. ' ,!{'
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;.±`, �HANDY. "F�NK MCALLZ�'2'3{R �nd KARLA �JAGL1►-1�ITZ ftp tz`u+� ;aad Iawtul :A�to��,eYE�I- ';�,"
a.n-�mct. mith f�li ,; power �d aut'k�c�ritY hereb�f coa�errec� a.� it� ��. Dlace aad
„ s�ead, ta esGecut�. : aclsx�cwledge as�d de�iv�X on' behalf nf �ha ComganY= ( �Y ;
��' .� �' anc� sii :bc>�ds` and unflerCakiss�s o� auretYSb�i.P STive� far any purpa�e, Dravided. , !,
,;�' ho�ever, �hat na such geraon .shali be autho�xzed ta e���u�e and de�.�ver 'az�y �;;, ;'
boac� or tuzder��king that sha1X obl.igate tha C�ar�y ��or assY �qr�ion r�f �he
;� , genal swm the�eo� in e�ass of $10, 000, 000, a�tt� Drbvids�d, £u�ther, ; that ao
>' ; Aztorney�-in-Eact shal� have the suthority �o isesue <� bid or �ropc�a�. bond far �,"
;,�' • aay proj!�ct mhere, i£ a€cor�tract is a;varded. 8uy 2�oad ox undertaI�3ng wou.�.d b�' .;;�
re�ired with; pezitt� �um !in axcess c€ $1fl,0A0� aaci t^) coase�'�a, rel�aaea ':
� other si.�i.].ar doaumrants require8 by asa obli�ee : us�er a coa�Grac� boaded by
i�`, the Compsny. �h3s appo$ntm�nt' is ma�e under �he autJac�ritY of the Boa�d o� �`•
;:," �irsators of the Compan3►. ------- -- -- -- - --- --- --- - -- ----- �;j
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' ' ` ' ' CERTIFICA�T� � �
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I, tke undersigned s+ecretary af Contraetors Bonding and Insurance Comgany, a Wa��ingCc�n
��`; �� . cc�rpoxatiou, DO HEREBY CERTIF�'Lhat thxs Pc�wer of,�ttorne� remains i� full force and'effect and : �:"
��'� . has not been revaked, and, futhermor�, that tl�� r�solutiQns af tl�e Boar� af Directoz`s set f�oz�k� on'th� �'%F ''
r�verse are now in fi�ll farce a�d �ffect.
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