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HomeMy WebLinkAboutRes 2013-02-03 Contract with Water Splash Inc for Splash Pad at Slayter Creek ParkCITY OF ANNA, TEXAS RESOLUTION NO. 2013-02-03 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT FOR THE PURCHASE AND INSTALLATION OF A SPLASH PAD AT SLAYTER CREEK PARK WHEREAS, last fall the City of Anna, Texas (the "City") was awarded a grant from the Texas Department of Parks and Wildlife to help fund the construction of Slayter Creek Park, Phase II; and WHEREAS, part of the Slayter Creek Park, Phase II project includes the construction of a splash pad east of the existing playground; and, WHEREAS, Staff spent several months evaluating splash pads and splash pads contractors in order to identify a vendor that has a proven record of constructing the type of facility contemplated in Slayter Creek Park; and, WHEREAS, based on its evaluation, Staff is recommending that the city contract with Water Splash Inc. for the splash pad construction; and, WHEREAS, Water Splash Inc.is a leading manufacturer of innovative aquatic playground products in North America; and, WHEREAS, on November 26, 2012 the Parks Advisory Board reviewed the proposal and design presented by Water Splash Inc. and voted to recommend that the Council approve the Water Splash Inc. proposal; and, WHEREAS, Water Splash Inc. will construct and install the proposed splash pad for $280,000 through the Texas Local Government Purchasing Cooperative (commonly referred to as the "BuyBoard"; and, WHEREAS, the City's financial policy requires that all purchases above $50,000 be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271; and WHEREAS, Chapter 271 Subchapter F of the Texas Local Government Code permits a local government to participate in a cooperative purchase program with another local government or a local cooperative organization; WHEREAS, goods or services purchased through a cooperative purchasing program satisfy the State law requirement to seek competitive bids; and, WHEREAS, The Texas Local Government Purchasing Cooperative is an administrative agency created in accordance with Section 791.001 of the Texas Government Code, RES. 2013-02-03 Water Splash Pad Contract PAGE 1 OF 2 02-12-13 whose purpose is to obtain the benefits and efficiencies that can accrue to members of a cooperative, to comply with state bidding requirements, and to identify qualified vendors of commodities, goods, and services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Splash Pad Purchase and Installation Contract The City Council hereby authorizes the City Manager to execute on its behalf a Contract with Water Splash Inc. (the "Contract"), attached hereto as Exhibit 1, for the purchase and installation of a splash pad at Slayter Creek Park, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of February, 2013. ,1 All Mika'Crist, Mayor ATTEST: Nath'a Wi 4,11�� - City Secretary RES. 2013-02-03 Water Splash Pad Contract PAGE 2 OF 2 02-12-13 CONSTRUCTION CONTRACT Water Splash Inc. ("Builder") and the City of Anna, Texas ("Client,") hereby enter into this Construction Contract (this "Contract") effective as of this 23 day of April 2014, for the purposes of establishing the provisions of the delivery and construction of the recirculation system and related equipment for the existing splash pad located at Slayter Creek Park. Summary of Contract Builder will provide Client all of the items set forth in this Contract in the manner and within the time period set forth herein and shall otherwise perform its obligations under this Contract at a Total Price (as set forth in Section IV of this Contract) of $58,000.00. II. Builder Obligations Builder must perform the following obligations: Site preparation. Includes soil stabilization and excavation to a depth of 4 feet consistent with the geotechnical report provided to Builder by Client, Includes filler of select fill — soil/crushed rock plus support base, soil removal and disposal. 2. Construction/installation. Includes installation of splash pad recirculation system and all related products, equipment and materials in accordance with the illustration and design document attached hereto as Exhibit A and other applicable provisions of this Contract, said products, equipment and materials including without limitation: a, tnstaflation of sand filter/Hayward, recirculation pump/ Hayward, UV cleaning system (ChlorKing), chemical controller (Hayward), chemical storage units (30 gal, 15 gal), and feeding pumps (2 each), aluminum external box; b. Tying current drain to storage tank; C. Connecting overflow of storage tank to city drain; d, Connecting recirculation pump and sand filter to storage tank; e. Concrete pour and assemble recirculation equipment next to current equipment room; f. Install a new aluminum equipment box for recirculation equipment. 3. Technical Specifications. Prior to construction and installation, Builder shall provide Client with the technical specification for all splash pad features listed in Section 11.2. of this Contract.. 4. Performance/Payment Bonds. Within ten business days of the effective date of this Contract, Builder shall provide to Client a payment bond and a performance bond, each in the amount of the Total Price of this Contract and each in accordance with Texas Government Code § 2253.021. Said bonds must be provided to Client in a form approved by Client before Builder performs any services or work under this Contract, and before any sums shall become due and payable by Client. Should the Total Price increase forany reason, Builder shall submit additional payment bonds and performance bonds to match any such increases. 5. Maintenance Bond. in addition to and cumulative of any warranties provided by Builder, Builder shall provide to Client a two-year maintenance bond in the Total Price of this Contract and in a form approved by Client. 6. Change Orders. Before requesting a change order that would increase the Total Price, Builder will take all reasonable steps to find suitable alternatives that meet the requirements of this Contract without increasing the Total Brice and Builder will pursue such alternatives with dispatch and diligence after written approval by Client. Builder shall not proceed with any work described in a change order that increases the Total Price unless such change order specifically describes the changes in the work the amount of the price increase, and is signed by Client's City Manager. 7. Construction Period. Bui}der agrees that construction will begin after receiving Client's written notice to proceed, as early as April 23, 2014, and that completion is guaranteed by June 3, 2014. Builder shall be responsible to pay Client in the amount of $500 for each day that work remains uncompleted afterJune 3, 2014. Builder and Client agree that time CONSTRUCTION CONTRACT Page 1 of 4 is of the essence in the performance of this Contract and that ascertaining precise damage amounts due to delay is impractical or impossible and that the $500 per day payment referenced in the foregoing sentence is an appropriate amount for liquidated damages and is not a penalty. 8. Insurance Requirement. Builder agrees to hold insurance policies Including auto liability and general liability in the coverage amounts of at least $2,000,000.00 per occurrence, said policies covering injuries to persons or property, equipment, materials and/or subcontractors, and shall further hold any other insurance policies required underthe laws of the State of Texas in the statutory amounts. Compliance with these insurance requirements shall not limit the liability of Builder or any subcontractor. Any remedy provided to Client by any insurance maintained by Builder and/or a subcontractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Builder) available to Client under this Contract or otherwise. Neither approval nor failure to disapprove insurance furnished by Builder or subcontractor shall relieve Client from responsibility to provide insurance as required by this Contract, 9. Subcontractors/Hires. Builder may use qualified subcontractors of their choice, with the understanding that payment to the subcontractor is the sole responsibility of Builder. Builder will utilize a fully qualified on -site engineer to supervise the entire project installation. 10, Cleanup. BuRder agrees to be solely responsible for removal of all debris, equipment, and materials and dispose of same according to city/state laws and regulations. 11. Warranties. In addition to and cumulative of the other assurances/bands to be provided by Builder under this Contract, Builder shall provide Client with all warranties described or referenced in the attached Exhibit A, and shall do so within ten business days of the effective date of this Contract. 12. Indemnity. EXCEPT FOR EXPENSES OR LIABILITIES ARISING; FROM THE GROSS NEGLIGENCE OR WiLLFUL OR WANTON CONDUCT OF CLIENT, BUILDER HEREBY EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD CLIENT HARMLESS FROM AND AGAINST ANY AND ALL EXPENSES AND LIABILITIES ARISING OUT OFTHE PERFORMANCE OR DEFAULTOF THIS CONTRACT AS FOLLOWS: BUILDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIENT AND ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, (WHETHER IN CONTRACT OR IN TORT, INCLUDING PERSONAL INJURY, ACCIDENTAL DEATH OR PROPERTY DAMAGE, REGARDLESS OF WHETHER THE CLAIMS/ALLEGATIONS ARE FALSE, FRAUDULENTOR GROUNDLESS), AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND RELATED COSTS, EXPERT FEES, LITIGATION, ARBITRATION, MEDIATION, OR APPEAL EXPENSES) INCURRED IN ANY MATTER, INCLUDING A PROCEEDING TO ENFORCE THE DUTIES SET FORTH iN THIS PARAGRAPH WHICH IN WHOLE OR IN PART ARE ALLEGEDLY CAUSED BY THE NEGLIGENCE, RECKLESSNESS OR INTENTIONAL WRONGFUL MISCONDUCT OF BUILDER OR PERSONS EMPLOYED BY OR UTILIZED BY BUILDER IN BUILDER'S PERFORMANCE OF THIS CONTRACT. BUILDER'S OBLIGATION TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL REMAIN IN EFFECTAND SHALL BE BINDING UPON BUILDER WHETHER SUCH INJURY OR DAMAGE SHALL ACCRUE, OR MAY BE DISCOVERED, BEFORE OR AFTER TERMINATION OF THIS CONTRACT. BUILDER'S FAILURE TO COMPLY WiTH THIS SECTION'S PROVISIONS SHALL CONSTITUTE A MATERIAL BREACH UPON WHICH BUYER MAY IMMEDIATELY TERMINATE OR SUSPEND THIS CONTRACT, AND PURSUE ANY OTHER AVAILABLE REMEDY. 13. Business Registration. As an entity organized outside of the State of Texas, Builder must register as a foreign company with the Office of theTexas Secretary of State, While Builder may begin work under this Contract before it has completed such registration, Client shall have no obligation to make any payment under this Contract until such time that Builder has fully compieted said registration. Once registered, Builder shall maintain such registration in good status with the Office of the Texas Secretary of State at all times while performing any services under this Contract and for at least 12 months after the conclusion of the performance of said services. Notwithstanding any other provision of this Contract, Client may terminate this Contract after giving 30 days' written notice to Builder that Client has determined, upon information and belief, that Builder has not completed such registration with the Office of the Texas Secretary of State. Such termination shall become effective 30 days after submission of said written notice unless Builder delivers proof to Client that it has fully completed such registration. To be considered valid, said proof must be certified by the Office of the Texas Secretary of State. CONSTRUCTION CONTRACT Page 2 of 4 III. Client Obligations Client is responsible for the following items: I. Permit Fees. In addition to the payments otherwise required under this Contract, payment of any required permit fees. Payment. Subject to other express terms of this Contract, Client agrees to pay Builder according to the following schedule: a. Upon completion of Builder's obligations under this Contract and inspection and approval of same by Client, Client will make payment of the "Total Price" as set forth in this Contract, except that Client may withhold from said payment the amount of $5,000 until Builder has complied with the provision regarding the required maintenance bond under Section 11.5. of this Contract. 3. Price Changes. Client will be responsible for additional costs that are the result of any agreed -upon, properly approved and executed change orders, should they be necessary, subject to Builder's responsibilities under Section 11.6. of this Contract. IV. Price The "Total Price" for all materials and services to be provided under this Contract is $58,000.00 as set forth below: V Electrical work Plumbing work Equipment (Purchase and Installation) Excavation work and backfilling UV Filtration Upgrade Water Recirculation System — (punrp has been installed) Bonds Project Total Miscellaneous S5,QQ11 $10,000 $5,000 $15,000 $8,000 $15,000, $800 1, Authority to Contract. Builder represents and warrants to Client that the person signing this Contract has full authority to bind Builder to its obligations and promises as set forth in this Contract. Client represents and warrants to Builder that the person signing this Contract has full authority to bind Client to its obligations and promises as set Forth in this Contract. 2. Representations and Warranties. Builder represents and warrants to Client that Builders statements in the attached Exhibit A, and the information contained therein, is true and correct and applicable to this Contract and Builder's obligations hereunder. 3. Independent Contractor. Except as expressly set forth in this Contract, Builder shall be solely responsible for and have exclusive control over delivery of the products, materials, equipment and installation/construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work and services under this Contract. This Contract is not in any respect a joint venture or partnership between Builder and Client. CONSTRUCTION CONTRACT Page 3 of 4 4. Applicable Law/Venue, This Contract shall be governed by the laws of the State of Texas and exclusive jurisdiction over and venue for any dispute arising from, related to, or growing out of )directly or indirectly) this Contract, shall be brought In a court of competent jurisdiction in Collin County, Texas. 5. Addresses and Notice. All notices hereunder from Client to Builder will be sufficiently given If sent by certified mail with confirmation of delivery, addressed to: Gokhan Cellk, Water5plash Inc., 25 Locust St, #412, Champlaln NY 12919. All notices from Builder to Client will be sufficiently given if sent by Certified mail with confirmation of delivery, addressed to. City Manager, City of Anna, P.O. Box 776, 111 N. Powell Parkway, Anna, Texas 75469. All notices will be deemed to have been given on the date of mailing or sending of such notice, The parties may change their respective address upon five business days' written notice to the other party. Entire Agreement. This Contract, Exhibit A, attached hereto, and the written warranty(ies) and Technical Specifications to be delivered to Client constitute the entire agreement between the parties and supersede all prior statements of any kind made by the parties or their representatives. No representative or employee of Builder or Client has any authority to bind themselves, respectively, to any term, representation or warranty other than those specifically included in this written Contract or the written warranty(es) and Technical Specifications to be delivered to Client in connection with this Contract. This Contract may not be amended or supplemented except by written agreement executed by Builder and Client. This Contract is not intended to benefit any parties not a party hereto. SIGNATURES: CITY OF ANNA WATER SPLASH, INC. 6V-'I Philip Sand s, City IUlanager By CONSTRUCTION CONTRACT Page 4 of 4 Scanned by CamScanner Exhibit A 4 PROJECT PROPOSAL BINDER Slayter Park Splash Pad Upgrade, PROJECT NAME: City of Anna -Texas PROJECT NO: 2013-1612 DATE: April 10th, 2014 a .f. f l y ✓ 1b• PAW lot toll loss 1NNIMNN Y F d t r WATER SPLASH April 10th, 2014 To Splash Park Evaluation Committee 00, WATER SPLASH Thank you for this opportunity to submit our proposal for unique splash park layout for your community. Water Splash has many years of experience on design, built and installation of splash parks. We design your uniquie park considering: safety, play value, budget and aesthetics. Our products are made durable stainless steel material, and meets or exceeds requirements of standards ASTM F-1487, ASTM F2461 (USA) CSA 7-614-07 (CANADA) EN 1176 (EU) AS4685 (AU) UL Electrical. Components E European Union directives and standards We look forward discussing our proposal to meet special requirements of your community. We appreciate your consideration and %ve will take extra mile to earn your business. Kind Regards, Gokhan Celik Water Splash Inc gcelikc,owa tersplash net.com 800-936-3430 0 r �+ WATER SPLASH J r ABOUT _. WATER SPLASH Water Splash Inc. is a company specializing in innovative aquatic products. Based in Wilmington, DE, it was founded in 2003 by a team of engineers who put their skills at the heart of their enterprise. With an emphasis on continuous product improvement through research and development, our design team has a total of 15 years' experience in designing and manufacturing playground equipment. Water Splash Inc. products are designed, manufactured and tested in one facility. All components are designed and manufactured using the very latest CAD/CAM software and consequently, all designs are compatible with a variety of architectural software. The management team has over a decade of manufacturing and design experience in `Splash Pad' products. Backed by some of the strongest product warranties in the industry and an unparalleled safety record, Water Splash Inc. is rapidly becoming the benchmark for quality splash pad products. Water Splash Inc. offers fully automated water distribution systems controlled by programmable solenoid valves that allow optimum water conservation. These successes are evidenced by a stream of happy and returning customers. Water Splash Inc. believes that its highly qualified staff is its strongest asset and the driving force behind its rapid expansion. Water Splash spray products are designed and manufactured to meet two basic criteria: fun and safety. Consequently, only the finest materials are used in the construction process to ensure that maximum safeguards are incorporated into every design. To this end, all manufacturing, machining and tooling takes place in-house and all products conform to or exceed ASTM F-1487, ASTM 2461, EN 1176, A and CSA Z-614-47 standards. This in- house engineering and manufacturing expertise also provides our customers with another advantage: complete customization to suit any and all of their- needs. J F- �F WATER SPLASH OUR PRODUCTS �. WATER SPLASH Water Splash spray products are designed and manufactured to meet two basic criteria: fun and safety. Consequently, only the finest materials are used in the construction process to ensure that maximum safeguards are incorporated into every design. To this end, all manufacturing, machining and tooting takes place in-house and all products conform to or exceed ASTM f-1487, ASTM F2461, EN 1176 and CSA Z-614-07 standards. This in-house engineering and manufacturing expertise also provides our customers with another advantage: complete customization to suit any and all of their needs. About our products All products are made of 30G/304Lstain less steel material. • Nozzles, water openings and sprayers are made of C36o brass material. + Water Splash provides special tamper resistance tools. All products are offered with winter caps. • The painted finish of all equipment is a high quality, UV resistant powder coating of oven cured glossy polyester with stabilizers and chlorinated water resistance, • Spray nozzles are recessed, welding marks are invisible (buffed and polished) and equipment is pressure tested for leakage. • Products comply with ADA (Americans with Disabilities Act/ CDA (Canadians with Disabilities Act) J PLAY' PRODUCTS 0 0 7W Above and In -Ground SLAYTER SPLASH PARK RECIRCULATION SYSTEM UPGRADE Drain No Drain PUMP ROOM / Current I I RECIRCULATION ROOM 3" Pipb DRAIN CONNECTION TO TANK Connection ------------------------------- ------------ ----------- STORAGETANK ------------------------ -- - ----- - Current Installed! Pipes New Installation 2" Pipe COnnection APRIL 2014 — REV 0 WATER SPLASH NC www.watersplashNet.com RECIRCULATION SYSTEM BY WATER SPLASH (Automated) Water Recirculation System by Water Splash is pre -assembled and factory tested system. It is mounted inside an Aluminum Vault, System components include: - Sand Filter/ Hayward HCF362 Series (100GPM each) - Features Pump l Already Installed, - Tristar high performance pump (recirculation) (1.5 HP 230VAC 1 ,phase), - Water Splash Controller, - Water Splash motor starter box, - UV disinfection unit SAG240 - Chemical Controller, Hayward CAT-2000 - Chemical tanks (chlorine tank 1 pool chlorine, acid tank lexp: muriadic acid) - Peristaltic pump (2 each) for automated chemical feeding, - Flow meter, 0-200 gpm, clear PVC - 2x pressure gauge (0-120 PSI) for each pump - Piping : PVC, Sch 80 fittings and SCH 40 piping is used for connections, Chemical System Details. CAT-2000 chemical controller is base for our recirculation side of our system. There are two sensors verifying free chlorine level and ph level of stored water. Chemical controller releases power to two standard feed pumps to inject chemical to return line to the tank. Controller has pre-set Ievels for PH and free chlorine levels for verification. However, these levels can be override by users. Pre-set levels for control references are: Ph: 7.2-7.8 Free Chlorine: 2 and 4 parts per million (ppm) Chemical system has a safe guard by flow sensor. Chemicals are not depleted unless there is no flow alarm by flow sensor. If chemical controller detects low level or high level of chemicals, it turns to alarm mode. This alarm mode forces Water Splash controller to shut play products ,pump so that kids do not expose to undesired water quality. Products pump starts working only if a good water quality is maintained, WaterPlau Products Controller -and Manifold Water Play operation is controlled via programmable control unit attached to Water Splash controller_ Each product is plumbed to a solenoid valve assemble. Each solenoid valve assemble has a ball valve to control and limit water flow for products. Features pump will automatically shut off when the time is off splash pad operation set hours, when there is a water quality alarm from the chemical controller, when the UV dosage is less than 45m}Icm2 and when the recirculation pump is off. Recirculation pump automatically starts working 2 hours before the splash pad opening. This time can be changed by the user. Holdina Tank 4000 Gallons — FIBERGLASS with'/" float valve water inlet. A backflow preventer must be connected to the fresh water inlet. SAG 240=APVC Description. Designed to treat swimming pool and spa's with flown or up to 175 gallons per minute. The SAG 240-APVC is your answer to cryptosporidium control and chforaminos doflrUCtion In commorclal swimming pools and spa's. Tha SAG 240-APVC ueos low pressure high output amalgam lamp technology to achieve a 4 log reduction for gryptooporidiun7 and other similar pathogenu in water. The SAG-240APVC is designed with a unique quick disconnect that allows for easy access to lamps and sleeves while taking up limited space in an in -line system- This provides a significant advantage for those applications where space is limited and allows it to fat in most retrofit locations either mounted vertically or horizontally. The SAG 240•APVC offers ud011iorial killing powoi Clue to a highly pollshod and rulluctive nitofdui 310L stainless stool lining. This now reactor design allows for Our newly designed multiple wave length lamps that will perform at maximum 250"1 and 185nin in water temps up to 130 degrees F. These new lamps outlast regular low pressure Camps by 4,000 hours and rnedrum pressure lamps by 7,000 hours. 'there Is no need for expensive aulornatod wipers on our SAG 240-APVC as our patent pending Quick Disconnect sleeves allow for cornpfoto and thorough removal and wiping in just minutes- Much less than modlum prossuro, longer tasting and bettor built than low cost PVC systern. The SAG 240-APVC Is designed and built to work in fresh water and salt water pools - Will need 33" frorn top for larnp for exchange 3" unions Rated flow. - Electrical; Maximum tamp power Number of tamps Quick disconnects. Max water operating lernp: Maxiumum operating pressure: Plumbing: Chamber sire, Chombor rnalerlal. Application: Lamp life: Lamp power. I nmfa Current: 01i produced 175gpm to achieve 45 mJlcm2 120v 120w multiple wave length 2 (254nm & 185nm wave lengths) 2 130 degrees F. 50 psi 3" unions 8" x 42 112" long Schedule 80 PVC with 310L stainless steel lining Commercial or industrial use 13,000 hours 120w amalgam x 2 2A omps @ 120v 1 wait of I85nm UV will produce 6 x IOA , 7 motor, of DN per second in water. CONTitOL PAN[L Power: 2.4 amps Q 120v Safety: Thermally protected automatically struts down [(abnormal temp is reached Additional safety: Sensor monitors sleeve fowling and or loss of 254rmi slarifiring wave length. Lamp monitoring: Sensor detects lanip outage, Glow fitting on top of lamp will also alen of lamp outage. Flour lmetec Logs lamp hours and sleeve replacement hours Switch. Lighted onloff switch shows if power is on or off. Strainer: Available to capture broken glass a" Plunge z NOTE: 2ND Sand Filter Optional SAND TILT B CONTROL PANEL 8 OUTPUTS MAI A DRAWN BY CR NO DG HE THIS DRAWING IS THE EDITED BY PROPERTY OF WATER DIG HE SPLASH INC, kkXkkk APPROVALS AND IS NOT TO BE UNIT DATE ENc REPRODUCED BY ANY MEANS OR USED TO FURNISH INFORMATION I NCH 2009, 4.30 PROD TO OTHERS WITHOUT ENVIRONMENT SURFACE THE EXPLICIT CONSENT PRO E FINISH P i n Ds OF WATER SPLASH INC. W I L DF I RE 2. if 7 V UNIT B -S PUMP (3HP) S PUMP INLET LATION PUMP (3HP) IF :ULATION PUMP INLET PIPE IRCULATION RETURN LINE kL CONTROLLER SCALE 1:20 A MATERIAL S E E 60M WATER SPLASH CIRCULATION SYSTEM DESCRIPTION WATER RECIRCULATION SYSTEM SHEET SCALE DOCUMENT 512E DRAWING NO REV 14 I;200 DIO A W060332-06-X AA i B A 2 DRAWN BY CR HO DG HE THIS DRAWING IS THE EDITED BY PROPERTY OF WATER DG HE SPLASH INC. xxxxxx APPROVALS AND IS NOT TO BE UNIT DATE ENG REPRODUCED BY ANY MEANS OR USED TO � NCH 2D09.4.30 FURNISH INFORMATION PROD TO OTHERS WITHOUT Fwll VIRONMENT SURFACE THE 1XPLH IT CONSENT PRO E FINISH pin GS OF WATER SPLASH INC. LDF I RE 2.0 TOP VIEW SCALE I:20 MATERIAL S E E DOM WATER SPLASH CIRCULATION SYSTEM DESCRIPTION WATER RECIRCULATION SYSTEM SHEET ISCALE IDOCUMENT ISIZE DRAWING NO REV 2/4 11 : 200L DI0 1 A IW060332-06-XXI A B A 7 19 A 2 FRONT VIEW DRAWN BY CR ND DG HE THIS DRAWING IS THE _Eo EDITED BY PROPERTY OF WATER DO HE SPLASH INC. xxxxxx APPROVALS AND IS NOT TO BE UNIT DATE REPRODUCED BY ANY ENO MEANS OR USED TO FURNISH INFORMATION I NCH 2O08. 10. 27 PROD TO OTHERS WITHOUT ENVIRONMENT SURFACE THE EXPLICIT CONSENT PRO F FINISH pin OS OF WATER SPLASH INC. WILDFIRE 2. O RIGHT VIEW SCALE 1:20 MATERIAL S E E BOM WATER SPLASH CIRCULATION SYSTEM DESCRIPTION WATER RECIRCULATION SYSTEM SHEET SCALE DOCUMENT SIZE DRAWING NO REV 3/4 1:200 DIO A W060332-06-XX A a A p A 2 BACK VIEW SCALE 1°20 DRAWN BY CR NO DG HE THIS DRAWING IS THE EDITED BY PROPERTY OF WATER DG HE SPLASH INC. xxxxxx APPROVALS AND IS NOT TO BE UNIT DATE EH REPRODUCED BY ANY MEANS OR USED TO FURNISH INFORMATION INCH 2009.4.30 PROD TO OTHERS WITHOUT ENVIRONMENT SURFACE THE EXPLICIT CONSENT PRO E FINISH ,H i n S OF WATER SPLASH INC. WILDFIRE 2.0 2 LEFT VIEW MATERIAL SEE BOM WATER SPLASH CIRCULATION SYSTEM DESCRIPTION WATER RECIRCULATION SYSTEM SHEET SCALE DOCUMENT SIZE DRAWING NO REV 4/4 1:200 d10 A W060332-06- X A I [1 A WATER SPLASH INC. www.waters lashnet.com (800) 936-3430 S-15.xx Water Splash Controller — Eco Conserver Nema 4X Rated Control Box Enclosure Colour Touch -Screen User Interface (UI) cUL Certified Design Programmable Logic Controller: sets user time and frequency; activates system using activator sensor. Controls solenoids valves. Reduces Water Consumption Drastically: coupled with the Water Splash Inc. "Low Consumption Kit" reduces water usage by up to 75%. (800) 936-3430 WATER SPLASH INC. www.watersplashnet.com (800) 936-3430 ECO CONSERVER Fully Programmable Electronic Control Panel with Colour Touch Screen Interface. Specifications & Features: - cUL Certified, - Nema 4X Heavy -Duty Fiberglass Box. - Panasonic Multi Output Programmable Logic Controller (PLC) - Large Nema 4K Panasonic Programmable Touch Screen Colour Interface, - Operates on 120 VAC -Total Power Requirement = 10 A - Optional Integration and Control of'Lightning Prevention System - Controls up to : 4 to 26 individual solenoid valves can be controlled - Fully Controls the Water Re -Circulation and Filtration System when present. - Allows Seamless Integration of the Re -Circulation System in Case of Upgrade from a Drain -away Splash Park System. - Factory programmed as per User Specification with Easy User Interface; to Change Setting, Sequences etc. - To Lich screen allows user to set the dateftime, hours of operation for each day of the week, change the products sequences, program a purge cycle, run the system manually, view which product is running in real time. - A return to factory settings button is available. (800) 936-3430 Water Distribution System Manifold /Mounted— Five (5) Output System shall include: - Stainless steel manifold and valve assembly Stainless .steel rrranifalrl and valve crsserarhlt? It shall include a pee -assembled manifold, solenoid valve and ball valve for each water outlet, Manifold shall be made of 3" stainless steel tubing and it shall have a 1 "/a" connection for each water play products. It shall be fully welded, water tight at pressure testing level of 180 psi. Solenoid Valves shall be installed each outlet of stainless steel manifold, System small have one solenoid valve for each water line, Valves shall be made of PVC weather proof durable body which works with 24 VAC. Each valve shall be pre -wired. One Ball valve shall be installed each armlet of stainless steel manifold for drainage Purposes and flow adjustment purposes for water play products. It shall be made of durable PVC material. Ball valves shall meet the requirements ofASTM D-1784. WATER SPLASH INC. (800) 936-3430 www.watersplashnet.com WATER SPLASH PRODUCT WARRANTY s •. WATER SPLASH Water Splash Inc. guarantees that all its products meet the specifications provided in the installation drawings and offers: 25 YEAR WARRANTY on stainless steel structures and workmanship, stainless steel anchoring systems and aluminum spheres. 5 YEAR WARRANTY on brass parts, spray nozzles and spray openings, high density polyethylene components, polyurethane components, stainless steel automated water distribution manifold, drain boxes, and electrical enclosures. 2 Year WARRANTY on coatings, stainless steel hardware and moving parts, fiberglass components, See thru polyiners, Toe guards, piping, fittings, ball valves, pressure gauges, terminal blocks, PLC controller, time switches, manual switches, transformers, breakers, electrical wiring, connections and on recirculation system workmanship, Recirculation system pumps and filters are covered by their Manufacturer. Please refer to their warranty documentatioia. 1 YEAR WARRANTY on all products and parts not listed above. Warranty above is valid only if structures are installed or assemheled per 'Water Splash's installation instruction/drawings; maintained according to manintenance manual and procedures.; non subject to misuse, vandalism; operated under normal use as per designed purpose; or have not modified ! repaired by unautorized personnal, Water Splash Inc. 800-936-3439 NOTICE TO PROCEED Prajecl. Splash Fact Recirculation System — City of Anna, TX Issr.rad To' Water Splash Inc. lxate Issued: May G, 2014 25 Locust St. #412 Champlain, IVY 12919 You Ire hereby notified to commence work in accordance with the Agreement dated the 2 :`d day of April. 2014, on or before the 6" day of May, 2014 and complete all of the work within 29 cQr)Styccrtrue calendar days thereafter-. The date of completion for all work shall therefore be the 3`d day of June, 2014. Issued by: Qty'6f Anna, Texas (Owner) By_ Phi tSarrde City anag ACCEPTANCE OF NOTICE: Receipt of the above notice to proceed is hereby acknowledged by Water Splash, Inc., this day of May;'2014, Contractor Scanned by CarnScanner CONSTRUCTION CONTRACT Water Splash Inc. ("Binder,") arid, the City of Anna, Texas ("Client,") hereby enter into this Construction Contract (this "Contract") effective as of this day of . " i'1 t 2013, for the purposes of establishing the provisions of the delivery and constriction of a splash pad and related a ulpment in Slayter Creek Park. Summary of Contract Builder will provide Client all of the items set forth in this Contract In the manner and within the time period set forth herein and shall otherwise perform its obligations under this Contract at a Total Price (as set forth in Section iV of this Contract) of $280,000.00. II. Builder Obligations Builder must perform the following obligations: 1. Site ,preparation. Includes soil stabilization and excavation to a depth of 4 feet consistent with the geotechnical report provided to Builder by Client. Includes filler of select fill -soil/crushed rock plus support bases, soil removal and disposal. 2. Construction/installation. Includes installation of splash pad and all related products, equipment and materials in accordance with the illustrations and design documents attached hereto as Exhibit A and other applicable provisions of this Contract, said products, equipment, and materials including without limitation: a. 5,000 gallon fiberglass tank to be buried and utilized as storage to flow away during time of peak water demand, Connection to the pump (bottom or side) will be determined and approved by the City (see tank/pump details in Exhibit A). It is Intent of the City to convert the storage tank to a recirculation tank In the future. Unused tank connections will be closed by blind flange so later the tank can be used to convert to a recirculation system. Pump will be provided by Builder per specifications In Exhibit A. b. 21 output manifold and metal vault mounted on concrete pad. Builder shall provide vault specifications to Client for approval prior to installation. Client shall approve location of manifold and vault; C. controller; d. pressure regulator and backhow preventer; e. 6500 sq. ft. total surface area for splash pad. The concrete splash pad surface area will be constructed with 5" 3600 PSi concrete with #3 rebar 12" on center on top of minimum 2"° of cushion sand, and in all respects shall be In accordance with the standard detail provided by Builder's engineer. Prior to construction, Builder shall provide Client with engineered standard detail for concrete pad. two toddler sections separated with knee walls; g. four Rain Forest green (USA Shade - to match adjacent playground sail) hypar sails (custom shape, 16 foot entry height and up to 600 sq. ft. coverage per sail) covering the toddler bays and seating sections (Builder shall provide engineered drawings/plans for shade canopies to Client prior to installation); h, a total of 16 above ground features in the following quantities: Splash Bucket (1); Cactus (1); Misty Column (1); Cowboy Hat(1); Horse Cannons (2); Water Barrel (1); Aqua Loop Set (1); Aqua Horse (1); Aqua Spiral (1); Bell Shower (1); Aqua Nature II —(1); Lady Bug (1); Aqua Turtle (1); Flower Activator (1); Regular Activator (1); and custom ,plates to cover with flower motif (4) — color selection of features to be determined by Client; a total of 32 in -ground features in the following quantities: Aqua Tunnel set (1); Aqua Spray (3); Aqua Jets (6); Wall Mounted Sprays (6); Aqua Cone (1); and Jumping jets (12); Aqua Peahen (3); drain boxes (5); finishing with Spray Deck (2 colors). Color options for the entire splash pad surface to be selected by Client; four benches to match complimentary product on the adjacent playground (6 foot long, Miracle legacy model #12721, color forest green); and CONSTRUCTION CONTRACT Page I of 4 two trash cans to match complimentary product from neighboring playground (Miracle mode{ 411805J, color forest green, trash can Inserts Miracle model #118SFT, forest green). Technical Specifications. Prior to construction and installation, Builder shall provide Client with the technical specification for all splash pad features listed in Section 11.2. of this Contract. 4. Performance/Payment Bonds. Within ten business days of the effective date of this Contract, Builder shall provide to Client a payment bond and a performance bond, each In the amount of the Total Price of this Contract and each in accordance with Texas Government Code § 2253.021. Said bonds must be provided to Client in a form approved by Client before Builder performs any services or work under this Contract, and before any sums shall become due and payable by Client. Should the Total Price increase for any reason, Builder shall submit additional payment bonds and performance bonds to match any such increases. 5. Maintenance Bond. In addit€on to and cumulative of any warranties provided by Builder, Builder shall provide to Client a two-year maintenance bond in the Total Price of this Contract and in a form approved by Client. 5. Change orders. Before requesting a change order that would increase the Total Price, Builder will take all reasonable steps to find suitable alternatives that meet the requirements of this Contract without Increasing the Total Price and Builder will pursue such alternatives with dispatch and diligence after written approval by Client. Builder shall not proceed with any work described in a change order that increases the Total Price unless such change order specifically describes the changes in the work the amount of the price Increase, and is signed by Client's City Manager. 7. Construction Period, Builder agrees that construction will begin after receiving Client's written notice to proceed, as early as the month of February 2013, and that completion is guaranteed within 80 days after issuance of the notice to proceed. Builder shall be responsible to pay Client in the amount of $500 for each day that work remains uncompleted after said 80-day period. 8. Insurance Requirement. Builder agrees to hold insurance policies including auto liability and general liability in the coverage amounts of at least $2,000,000.00 per occurrence, said policies covering injuries to persons or property, equipment, materials and/or subcontractors, and shall further hold any other insurance policies required under the laws of the State of Texas in the statutory amounts. Compliance with these insurance requirements shall not limit the liability of Builder or any subcontractor. Any remedy provided to Client by any Insurance maintained by Builder and/or a subcontractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Builder) available to Client under this Contract or otherwise. Neither approval nor failure to disapprove insurance furnished by Builder or subcontractor shall relieve Client from responsibility to provide insurance as required by this Contract. 9. Subcontractors/Hires. Builder may use qualified subcontractors of their choice, with the understanding that payment to the subcontractor is the sole responsibility of Builder, Builder will utilize a fully qualified on -site engineer to supervise the entire project installation. 10. Cleanup. Builder agrees to be solely responsible for removal of all debris, equipment, and materials and dispose of same according to city/state laws and regulations. 11. Warranties. in addition to and cumulative of the other assurances/bonds to be provided by Builder under this Contract, Builder shall provide Client with all warranties described or referenced in the attached Exhibit A, and shall do so within ten business days of the effective date of this Contract. 12, Indemnity. EXCEPT FOR EXPENSES OR LIABILITIES ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON CONDUCT OF CLIENT, BUILDER HEREBY EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD CLIENT HARMLESS FROM AND AGAINST ANY AND ALL EXPENSES AND LIABILITIES ARISING OUT OF THE PERFORMANCE OR DEFAULT OF THIS CONTRACT AS FOLLOWS, BUILDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIENT AND ITS OFFICIALS, iJFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM AND AGAINSTANY AND ALL LIABILITY, DAMAGES, LOSSES, (WHETHER iN CONTRACT OR IN TORT, INCLUDING PERSONAL INJURY, ACCIDENTAL DEATH OR PROPERTY DAMAGE, REGARDLESS OF WHETHER THE CLAIMS/ALLEGATIONS ARE FALSE, FRAUDULENT OR GROUNDLESS), AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND RELATED COSTS, CONSTRUCTION CONTRACT Page 2 of 4 EXPERT FEES, LITIGATION, ARBITRATION, MEDIATION, OR APPEAL EXPENSES) INCURRED IN ANY MATTER, INCLUDING A PROCEEDING TO ENFORCE THE DUTIES SET FORTH IN THIS PARAGRAPH WHICH IN WHOLE OR IN PART ARE ALLEGEDLY CAUSED BY THE NEGLIGENCE, RECKLESSNESS OR INTENTIONAL WRONGFUL MISCONDUCT OF BUILDER OR PERSONS EMPLOYED BY OR UTILIZED BY BUILDER IN BUILDER'S PERFORMANCE OF THIS CONTRACT. BUILDER'S OBLIGATION TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL REMAIN IN EFFECT AND SHALL BE BINDING UPON BUILDER WHETHER SUCH INJURY OR DAMAGE SHALL ACCRUE, OR MAY BE DISCOVERED, BEFORE OR AFTER TERMINATION OF THIS CONTRACT. BUILDER'S FAILURE TO COMPLY WITH THIS SECTION'S PROVISIONS SHALL CONSTITUTE A MATERIAL BREACH UPON WHICH BUYER MAY IMMEDIATELY TERMINATE OR SUSPEND THIS CONTRACT, AND PURSUE ANY OTHER AVAILABLE REMEDY. 13. Business Registration. As an entity organized outside of the State of Texas, Builder must register as a foreign company with the Office of the Texas Secretary of State. While Builder may begin work under this Contract before it has completed such registration, Client shall have no obligation to make any payment under this Contract until such time that Builder has fully completed said registration. Once registered, Builder shall maintain such registration In good status with the Office of the Texas Secretary of State at all times while performing any services under this Contract and for at least 12 months after the conclusion of the performance of said services. Notwithstanding any other provision of this Contract, Client may terminate this Contract after giving 30 days' written notice to Builder that Client has determined, upon information and belief, that Builder has not completed such registration with the Office of the Texas Secretary of State. Such termination shall become effective 30 days after submission of said written notice unless Builder delivers proof to Client that it has fully completed such registration. To be considered valid, said proof must be certified by the Office of the Texas Secretary of State. IiI. Client Obligations Client is responsible for the following items: Permit Fees. In addition to the payments otherwise required under this Contract, payment of any required permit fees. 2. Payment. Subject to other express terms of this Contract, Client agrees to pay Builder according to the following schedule: a. Builder will Invoice Client bi-monthly and upon Inspection and approval by Client, Installments will be paid based upon percentage of the Total Price (as set forth in Section IV.1. of this Contract) for material delivery and work completed as of the time of invoicing. b. Notwithstanding any other provision In this Contract, Client may withhold a final payment amount of $50,000 until Builder has complied with the provision regarding the required maintenance bond under Section 11.5. of this Contract. c. Client agrees that if payment Is not made according to the above schedule, Builder has the right to stop all work until such time as payments have been brought current. 3. Price Changes, Client will be responsible for additional costs that are the result of any agreed -upon, properly approved and executed change orders, should they be necessary, subject to Builder's responsibilities under Section 11.6. of this Contract. IV. Price The "Total Price" for all materials and services to be provided under this Contract Is $280,000.00 as set forth below; All products: $200,000.00 Installation cost: $150,000.00 Combined cost: $350,000.00 20%discount Buy Board: $70,000.00 Total Price: $280,000.00 CONSTRUCTION CONTRACT Page 3 of 4 V. Miscellaneous 1. Authority to Contract. Builder represents and warrants to Client that the person signing this Contract has full authority to bind Builder to Its obligations and promises as set forth In this Contract. Client represents and warrants to Builder that the person signing this Contract has full authority to bind Client to its obligations and promises as set forth In this Contract. 2. Representations and Warranties. Builder represents and warrants to Client that Builders statements in the attached Exhibit A, and the information contained therein, is true and correct and applicable to this Contract and Builder's obligations hereunder. 3. Independent Contractor. Except as expressly set forth in this Contract, Builder shall be solely responsible for and have exclusive control over delivery of the products, materials, equipment and Installation/construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work and services under this Contract, This Contract is not In any respect a joint venture or partnership between Builder and Client. 4. Applicable Law/Venue. This Contract shall he governed by the laws of the State of Texas and exclusive jurisdiction over and venue for any dispute arising from, related to, or growing out of (directly or indirectly) this Contract, shall be brought in a court of competent jurisdiction in Collin County, Texas. 5. Addresses and Notice. All notices hereunder from Client to Builder will be sufficiently given if sent by certified mail with confirmation of delivery, addressed to: Gokhan Celik, Watersplash Inc,, 25 Locust 5t. #412, Champlain NY 12919. All notices from Builder to Client will be sufficiently given if sent by certified mail with confirmation of delivery, addressed to: City Manager, City of Anna, P.O. Box 776, 111 N. Powell Parkway, Anna, Texas 75409. All notices will be deemed to have been given on the date of mailing or sending of such notice. The parties may change their respective address upon five 'business days" written notice to the other party. 6. Entire Agreement. This Contract, Exhibit A, attached hereto, and the written warranty(ies) and Technical Specifications to be delivered to Client constitute the entire agreement between the parties and supersede all prior statements of any kind made by the parties or their representatives. No representative or employee of Builder or Client has any authority to bind themselves, respectively, to any term, representation or warranty other than those specifically included in this written Contract or the written warranty(ies) and Technical Specifications to be delivered to Client in connection with this Contract. This Contract may not be amended or supplemented except by written agreement executed by Builder and Client. This Contract is not intended to benefit any parties not a party hereto. SIGNATURES: CITY OF ANNA WATER SPLASH, INC. A y 0)V1 7 By. Gol(ha Cel -nd- --1-M e�ert�t�gio raa�-tom rya --W 4la-Ar-Te*a!s-Re%ion - CONSTRUCTION CONTRACT Page 4 of 0 z 0 FLOWER ACTIVATOR CACTUS S-99.47 S-01.25 12 X JUMPING JET COWBOY HAT S-O5.10 S-01.21 SPLASH BUCKET 5-25.04 MISTY COLUMN BELL SHOWER S-01.19 2 X HORSE CANNON AQUA LOOP SET S-99.01 S-04.01.02 S-03.03 3 X AQUA PEAHEN AREA 1 WATER BARREL S-05.1 I.OT b X AQUA JEi LADY BUG S-05F.O1 e�*) n,) � AQUA TURTLE AQUA HORSE S-01.27 3 X AQUA SPRAY ACTIVATOR SENSOR AREA 1: 5500 sgft 5-05.06 5-20.07 OUTER PERIMETER 1: 326,8 ff AQUA NATURE II\5-16.01 5 X DRAIN BOX AREA 2: 1000 sgft S-02.05 AQUA TUNNEL SET OUTER PERIMETER 2: 275 ft - S-05.05.01 OVERALL AREA: 6500 sgft AQUA CONE Pressure Regulator/3ackflow Preventor Inc "99.22 4 X DECORATIVE BASE DRAWN BY -- — --- -- — - -- CR NO MATERIAL - _ R ,Gi�Ri�cCi THIS DRAWING IS A xxxxx SEE BOM WATER SPLASH f EDITED BY CAGRlrlKRlKCi PROPERTY OF WATER SPLASH INC. AND IS NOT _ _ _ APPROVALS TO BE REPRODUCED BY UNIT DATE DESCRIPTION ANY MEANS OR USED TO INCH 17.12.2012 Splashpad - Anna ,Tx ENG FURNISH INFORMATION 2012-1059 TO OTHERS WITHOUT THE ENVIRONMENT SURFACE SHEET SCALE DOCUMENT SIZE DRAWING REV PROD EXPLICIT CONSENT OF WATERSPLASH SOLIDWORKS FINISHNO QS 2011 1 j3 1:100 W030655-01 C DRAWN BY CR NO MATERIAL _ --—GaGRt.rlKRlxcl THIS DRAWING IS A /�, TC �? WATER SPLASH ERRED BY --_- -- _ _�:M RH-lxRIKCl PROPERTY OF WATER SPLASH INC. AND iS NOT XXXXX _ - _ -- -- ------------ SEE BOM _ X?CX Y Y I"'M 1 LIB - — APPROVALS TO BE REPRODUCED BY UNIT DATE DESCRIPTION ANY MEANS OR USED TO INCH ] 7.122012 Spla�shpa�d - Anncs ,TX ENG FURNISH INFORMATION 2012-1059 TO OTHERS WITHOUT THE EXPLICIT CONSENT OF ENVIRONMENT SURFACE SHEET SCALE DOCUMENT SIZE DRAWING REV PROD WATERSPLASH FINISH SOLIDWORKS NO QS 2011 213 1_150 WD3Ci655-01 C PIPING CONNECTIONS PRODUCT NO PRODUCT NAME #I AQUA CONE #t2 LADY BUG #3 MISTY COLUMN #4 3 X JUMPING JET #S COWBOY HAT #6 AQUA NATURE II #7 CACTUS #8 A U TA—FE77E-ff- & 3 X WALL MQUNTED SPRAY #9 6 X JUMPING JET #10 2 X HORSE CANNON #11 SPLASH BUCKET #12 AQUA LOOP SET #13 2 X AQUA JET #14 AQUA TUNNEL SET # 15 3 X AQUA SPRAY #16 WAIERBARREL& #1.7 BELL SHOWER ## 18 AQUA SPIRAL #19 3 X JUMPING JET #20 AQUA HORSE #2I AQUA JEl & WALL MOUNTED SPRAY I PIPING LAYOUT 6 "PIPE NOTES DRAWN BY CR NO MATERIAL 1.ALL PIPES CONNECTION TO - — -_._. GAGP!�!xP!KC3. THIS DRAWING IS A XXXXX SEE BOM WATER PRODUCTS ARE 1-1/Z' PVC PIPE_SCH80. EDITED BY iKRieci PROPERTY OF WATER XXX 2.CONCRETE SURFACE SHOULD BE Ri SPLASH INC. AND IS NOT _._-- 3' MINIMUM DEPTH AND THERE IS APPROVALS TO BE REPRODUCED BY UNIT DATE DESCRIPTION 2% SLOPE TOWARDS THE DRAIN BOX ANY MEANS OR USED TO INCH 18.12.2012 5plashpad -Anna ,TX ENG FURNISH INFORMATION 2012-1059 PROD TO OTHERS WTTHOUTTHE EXPLICIT CONSENT OF ENVIRONMENT SURFACE SHEET SCALE DOCUMENT SIZE DRAWING REV WATERSPLASH SOLIDWORKS FINISH 2011 3/3 1:180 NO W030655-01 C QS 24' NANWAY ExiET:S[mid ACCf:: %TRi HPlGEO { ,1 TESTABLE REDUCED PRESSURE ZONE BACKFLOW PREVENTER 4'' e VENT PIPE W TH oco.SE.YECKAWD 5,000 GALLON POTABLE WATER FIBER GLASS TANK W vaulr z z f VALVE LWETAPUMP VALVE ,W ME MANUFACTURING DESIGN STANCARDS: • Fit and FnisPr. Al external and internal seams and fitting penetrations shall be smooth and overlaid with mat to eliminate all crevices, exposed edges, and protruding fibers Slrucruraf Glass FiberConrenr The average structural glass Ober content of any vessel shall be no less than 35% • Po1a6le WslerApplicalions. The tariff internal water contact resin layer shall meet FDA food industry standards and be fisted under NSF 51 as suitable for culinary or domestic food and water contact • Tank Fr&W. Standard fittings shall be of fiberglass compatible cortsbucGan with a flat faced flange or female tapered pipe thread design. Fittings over 3 inch diameter shall withstand 300 fact pounds of torque if threaded or a moment lead of 2000 Foot pounds if flanged. Fiberglass or PVC stub pipes shall also be available • LiR;ng Lugs: The combined capacity of designated lifting tugs shall be 2 times the empty tank weight F.Wenrar� All bolts shall be 300 series stainless steol wilh gall resistant brass nuts • Gaskets: Seals and gaskets shall be EPDM sheet rubber or dosed cell neoprene loam • Nominar Caparsiyand S¢e: The volume of the tank shall be 5.000 gallons. 3r NA11wAYprre4 AtctsS WITH HINGED i �LOCHAILE TOP [W PROMTED) PIPE HILETTO THE WATER TAW J 3.000G FiIERGLASS AT RTMMK WATERTO F W OLAGONALLY ACR TANK 6i PUMP DETAILS HAYWARD HCP 7.5 HP (3 PHASE 22©Vy MAIN ELECTRICAL REQUIREMENTS: 220 V 3 PHASE 30A G005EIaECKYEHT 107, PwE a'LrNETo NOTES LOW PRES:URE CUTOFF YATMCKECKVALVE VAULT THRUST OLOGKS SHALL OE PLACL'O AT ALL PIPE BZNDS VALVE COVERS SMALL DL IN A3,cn PER CITY SPECIFICATIONS CONTROLS AND MnIZING TO RE PROVIDED DY VprDDM f r Splash bucket Ll i Cactus MISTY COLUMN CANNON (HORSE MODIFIED) Aqua Horse 5 r. "i0 pia Y Y Aqua Coop Set I Lady Bug V Aqua Turtle Water Barrel A/ Aqua Nature Il Cowboy Hat v Aqua Spiral / � Bell Shower / � v Flower Activator / � Reg Activator v Jumping Jet J Aqua Tunnel Set Aqua Spray J Aqua Jet Aqua Cone Aqua Peahen If wall mounted Spray WATERSPLASH Product Warranty Watersplash Inc. is committed to delivering the highest duality components in the industry. Using the best materials and manufacturing standards, our equipment is designed to withstand all environmental challenges. We take pride and confidence in backing our products with the following warranties. Stainless steel play products. 25 years. ' All other above ground products for structural integrity subject to normal use, 10 years Brass components 5 years :; HDPE Components 5 years =' Subterranean Vault, Drain Boxes, Strainers 5 years Electrical enclosures, Chemical controller 5 years Powder Color Coated Paints 2 years Stainless Steel hardware and moving parts 2 years Fiberglass products (tanks/ features) 2 years Toe Guards 2 years Actuated Valves 2 years Water Wise Controller 2 years < Water Recirculation Pipings/Fittings,, Pumps, Chemical Feeds, Valves, Guages and Electrical Components 1 year Safety; Where Watersplash products are utilized for purposes other than those designated by Watersplash the client will be fully responsible. Furthermore Watersplash will not be held responsible for the operation, performance, function, misuse or injuries and claims resulting froin other products installed within proximity to Watersplash products. WATER SPLASH INC. t www.watersplashnet.com (800) 936-3430 Operational Control of the Water Distribution System User Interface The user interface is a fabulous over- sized Panasonic touch screen, which is easy to use and operate. This User Interface (Ul) will allow the staff to control, monitor and maintain the use of the park and its products efficiently. The following is a user guide to the menu available through the Ul. Main Menu The Main Menu (Figure 1.0) consists of six options. When Using the system for the first time, you will have to use the Set Clock, Set Timer and Set Products options to commence operations. System TEmQ - start rime MAIN MENU -33 1-i IFI f thin End time Set current time Turns Power and day sE7 cLacK ' •' on/off ACTIVATOR V R Ac#ivalor Set operation time [T TtM�R TO Auto/Manual Select spray zone Shows products and products s z wuoauc7s Is °nTuusT that are running V2104C14,M60i, llmRM Figure 9. 0 (860) 936-3430 r' , WATER SPLASH INC. www.watersplashnet.com (800) 936-3430 f 6 � 1. Please start with SET CLOCK option. It will prompt you to enter the local time. Please do so in order for the system to be synchronized with your local time zone. 2. Next, please choose the Set Time option. You will be taken to the next menu option as shown in (Figure 1.1). Here you will enter: i- Set Start Time using the Set Start Time option. This is the time when you want the park to commence operations (e.g. 09.00 hrs). The products will not work before this time. seem clook Flour Min. ` Mal YCIi 1�an TIMER AUTO Set Siwft TFrr�A I ❑ ►Isar Min. START TIME _ -I G T CONFIM Set End TI me Hour Min. r3� EPCD TIME L ue / xn COf1FIR M SC, Q Figure 1.1 ii- Set End Time using the Set End Time option. This is the time when you want the park to cease operations (e.g. 17.00 hrs). The products will not be activated after this time. Please return to the main menu now by pushing the "home" key as shown on the right. 3. Now from the main menu (fig. 1.0) please *.ET PlZ6i,urr select the Set Products option. Selecting this option will take you to the next menu as shown in the figure 1.2 i-Choosing the SET ZONE PRODUCTS option will take you to the Figure 1.4. Please see step 4 for that. ii-SET ZONE SPRAY TIME option will take you to Figure 1.3• You will have to set the duration (in sec.) of each spray zone. ii- Choosing the PRODUCT STATUS/ RUNNING STATUS option will take you to the Product Status Screen Figure 1.2 (800) 936-3430 WATER SPLASH INC. w_ww.watersplashnet.com (800) 936-3430 (Figure 1.6) That will show you the status of each product and any possible problem with it. 4. Having chosen SET ZONE PRODUCTS you will be taken to the next menu screen (Figure 1.4, figure 1.5). Please set each product to work in one or different zones of your choice by setting it to ON in the desired zone(s). Note: You may choose a product to work in two or three different spray zones. Once you have finished selecting the products for the spray zones, your splash park controller is ready for operations. You may check the status of the products from PRODUCT STATUS Option. Please see step no, 6. PRODUCT SETTINGS CONFIRM SE"NGg1 II CHECK GETTING; PRODUCT Zo11C I ZWJE2 Z011 9 MMIG LOOP SET OFF OFF OFF AQUA SPRAY I LIFT or[- 011- iS BRIUA CROMDII.E CAIMMI OFF OFF OFF OFF OFF OFF I AQUA MIST I OFF U1 1= _ OFF AOUAIMST11 OFF 01=-v CUFF AQUA rROG OFF I OFF TOFF IIEXT U* Figure 1.4 ZONE 5111MYTIME BUTING ZONE 1 5pra }y } Jac.. 011[: E Upray :Y #. Eoe. 17, 1 20HE 3 Gproy ] 2d J J SPRAY 'I IME 0 I ESC id CONFIIRM •� Figure 1.3 PRODUCT GETrINGG 00NFIRIR r3[TTINd T PRODUCT ZO+sl_ 1 ZONE2 Z014E � AOUA GEYSER I OFF OFF OFF A011A GUM II OFF QFF AQUASPRAYII OFF OFF U FF Figure 1.5 (800) 936-3436 Construction Contract - Exhibit A - page WATER SPLASH INC. www.watersplashnet.coni /r(800) 936-3430 5. Having selected the products in all product zones, please return to the main menu (Figure 1.0). Your Splash Park will now be working as designed. 6. CHECKING THE PRODUCT STATUS Select Running Status from the Set Product Menu (Figure 1.2) and you will be presented with a graphical display of functional products as shown below. PRMU01 8YATUR F171 0 F7 L■ 11-1 SNUUG LOOP AQUA UMDR[LLA MOCOBIL[ AQUA SET SPRAY I CAM1O11S 1AIST1 0- 1 0 F0- I E I E I AQ11A AQUA AQUA AQUA AQUA MISTY 11 FROG CrwR 1 Rrysut v SPRAY 11 Figure 1.6 Should you have any questions or encounter any problems please contact Water Splash Inc. at (800) 936-3430. (800) 936-3430 Construction Contract - Exhibit A - page Water Splash Inc. Water Splash Inc, a company specializing in innovative aquatic products is headquartered in Champlain,NY. The company was founded in 2003 by a team of engineers and this background in metallurgy and material sciences was the stimulant for the early establishment of a strong engineering department -which forms the heart of the company- and a particular emphasis on continuous product improvement through research and development. Our design team has a total of 15 years of experience in designing and manufacturing of playground equipment. At present, Water Splash Inc. has its state of the art design and production facilities in Montreal where all its products are manufactured, pre -assembled and tested. All components are designed and manufactured using the very latest CAD/CAM software and consequently, all designs are compatible with various architectural software. The management team has over a decade of manufacturing and design experience in `Splash Pad' products. Backed by some of the strongest product warranties in the industry and an un-paralleled safety record, Water Splash Inc. is rapidly seeking to become the benchmark for quality splash pad products. Water Splash Inc. offers fully automated water distribution systems controlled by programmable solenoid valves that lead to greater water conservation. The components are of the highest -grade stainless steel or PVC while the recessed safety nozzles are made from durable brass. These systems are inherently flexible and can have subterranean or wall mounted housing. Water Splash Inc. prides itself on absolute customer satisfaction and this guiding philosophy is evidenced by a stream of happy and repeat customers. Water Splash Inc. believes that its highly trained & qualified staff is its strongest asset and the driving force behind its rapid expansion. Water Splash 111C. Construction Contract - Exhibit A -• page Product Details: - All products are made of 304/304L stainless steel material. No - Nozzles, water openings and sprayers are made of C360 brass material and use tamper resistance tools, Water Splash provides special tamper resistance tools. All ground flash products are offered with winter caps. - Mounting and assembly materials are made of stainless steel, Water Splash provides easy mounting templates for each above ground products. - Painted finish of all equipment is powder coating; oven cured ,polyester glossy finish with UV stabilizers, and chlorinated water resistance. - Structures do not pose and safety risk and meets requirements of ASTM F'1487 and CAS Z614-98 regulations, Spray nozzles are recessed and welding marks are invisible (huffed and polished), and equipment is pressure tested for leafage. - All equipment has grounding studs; please check local code for grounding. - Spray effects in toddler bay are designed to be soft gentle flow, and in teen play section of Splash Park, products will be interactive as listed in our engineering drawings. - Winterization and spring opening trainings are offered, Operations kit and all required tools are shipped with the products. - Product wairanty: We offer * a 25-year warranty on stainless steel play products, and a 10-year warranty for all other above ground products for structural integrity subject to normal use. o a 5-year warrant on brass components and HDPF components, subterrarnean vault, drain boxes, strainers, electrical enclosures, and chemical controller, Water Splash Inc. Construction Contract - Exhibit A - page C) A 2-year warranty on color coating, stainless steel hardware and moving parts, fiberglass products, toe guards, actuated valves, water wise controller and all other parts not specified above. Factory - All products are shipped from our factory located in Montreal, Canada. We design, and manufacture all equipment in house including but non -limited to, control panel assembly/programming, pipe and sheet metal bending, CNC machining of spray heads, welding of products. In-house engineering department does our designs and plc programming. We employ registered engineers with engineering master's degrees. - Our quality assurance and control department managed by certified quality auditor for ISO 9000 standard. Our company manufacturing system is based on modified lean manufacturing system to ensure highest quality products are produced with lowest possible manufacturing cost. Service availability and Technical support - Standard replacement parts will be shipped from our Factory in Montreal within 48 hi's . - Technical support is available from 9 am to 5:30 pm EST from Mon to Fri Water Splash Inc, NOTICE TO PROCEED Project: Slayter Creek Park Splash Pad — City of Anna, TX Issued To: Water 'Splash, Inc. Date Issued: April 24, 2013 25 Locust St. #412 Champlain, NY 12919 You are hereby notified to cornmence work in accordance with the Agreement dated the 25th day of February, 2013, on or before the 241n day of April, 2013 and complete all of the work within 80 consecutive calendar days thereafter The date of cor-npietion for all work shall therefore be the 13`' day of July, 2013. Issued by: City, of Anna, Texas (Owner) 4i Philip Sand&,, City Manager Receipt of the above notice to proceed is hereby acknowledged by Water Splash, Inc., thiq 24t" dqv of Anril 201:3 Bond Number : 1000962953 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Water Splash, Inc. (hereinafter called the Principal), as Principal, and U.S. Specialty Insurance Company (hereinafter called the Surety), as Surety, are held and firmly bound unto the CfTY OF A'NNA (hereinafter called the Obligee), in the amount of: Two Hundred Eighty Thousand and No/100 Dollars ($280,000.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Construction Contract with the Obligee, dated the 251" day of February, for the following project: �U1 3 Delivery and Construction of Splash Pad and Related Ettuip-ment for Slayter Creek Park and said Principal under the law is required before commencing the work provided for in said Construction Contract to execute a bond in the amount of said Construction Contract, which Construction 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 THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the worm in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work) of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Construction Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 1:?r_h day of April , 20 13 U.S. Specialty Insur5iciCompany, Surety Water Splash, Inc.Principal By: _ By: {Ins Tuley .-UtorneY-In-Fact Gok an G its President PRINT "TAME: Masan ,f Grashot ADDRESS: PO Bo..; 2:407, Little Rock, AR 72221. PHONI_/F)\X:501.-7n?-3519 / 501-325-1259 , he undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Deiparf,ment of the Treasury list of approved sureties, and hereby designates ceorae Storm an agent resident in Dallas County, Texas, t0 whom any regLllSlke notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. U.S. Specialty Insurarfb9pornpany, Surety PF:nN ' NAM .- Maso `crashot, Attorney -in -fact ADDRESS`. 16415 Addison Road, Suite 200, Addison, Tx 75001. PHONE/FAX: 972-930-0880 / 972-246-6019 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Masan T. Grashot, Gail A. Barraza, or Ami L. Ashmore of Little flock, Arkansas its true andlawfulAttomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred inits name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is graved under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolver, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: - -_ Alforne)-M-Fact may he given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instrument$ so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal or the Company heretofore or hereafter affixed to any power of attorney or any certificate relating, thereto by facsimile, and_an power of attorney or certificate bearing facsimile signature or seal shall be valid and binding upon the Company with respect to Yp Y g g g p P Y p any bond or undeking is which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this IOth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals 10g$�. $Il,¢�T4 a@o,yoi+i�Ca 'aA'•i In ar�ry{ . ��jg1.0 v` s - m e`��S Qa o 4 c' v 6 + °. 3 By: s�<.,. .x= :yY >' s Daniel P. Aguilar, Vice President '�� �r=� '� .- A � �y'•n �hnnnq�+"P'�' •rrryrnnM„�� „�F � 'brrybr urNn" State of California County of Los Andes SS: On loth day of December, 2012, before me, Vanessa Wright, a notary publ'tcVRW&b Tally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. 11 r2% V.1YAIf Y Cominlsslan 0 ION319 Signature } -- (Seal) Notify PuNic - comorills loi 8n911e1 COW Comm. Ex. VIOBDICS.20141 1, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wi ess Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of _ =_ i• N„NrrNfNy NN1pl Ni�� �,NNrlNrykN/ — Corporate Seals avtipy0ogrry�SStl1#q,, a�N O �nr a t�snsw n�7 o ohs 4s °n ic©xweve a i3_ w 2 n Bond No.'*r�.�,,� w bro= �- �, b ate.` , f . �;. >p 3 Jeannie Lee, 'sistant Secretary Agency No. p217 c� � �'' •........ • ► "' r �� s ` � b J �W.r <Yr6R51��fi `,•�r 3r , �� � •.. � P •� •y�' — �rNlfrnfNn Mlfff! 11N_ eryf+Q�IS1it. * •• - Brand Number : 1000962953 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that - Water Splash, Inc. ('hereinafter called the Principal) as Principal, and U.S. Specialty Insurance Company_ (hereinafter called the Surety), as Surety, are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of- Two Hundred Eighty Thousand and Noll00 Dollars ($280,000.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Construction Contract with the Obligee, dated the 25"' day of February, %for the following project: 2013 Delivery and Construction of Splash Pad and Related Equipment for Slayter Creek Park and said Principal under the law is required before commencing work provided for in said Construction Contract to execute a bond in the amount of said Construction Contract, which Construction 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 THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Construction Contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as it it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Construction Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 191h day of A1ari1 , 20 1 U.S. Spec!alty Insurance Company, Surety �� B 1 -tfF7sQEfV: f�i�i�1T-iti� Attorney -In -Fact PRINT NAME: Mason T Grashot ADDRESS:p: 13a 22407, Little Rock, AR 72221 PHONE/FAX: 501-707-3519/501-325-1259 Water Splash, Inc„ Principal 6y: Gokh n C its President ThL undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates George Storm , an agent resident in Dal 'as County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. U.S. Spe Ity Insuranc Company, Surety PRIN,T�tl-�Jl Grashot, Attorney - In - Fact ADDRESS: 16415 Addison Road, Suite 200, Addison, TX 75OU1 PHONE/FAX:972-930-0860 / 972-248-6019 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS; That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Mason T. Grashot, Gail A. Barraza, or Ami L. Ashmore of Little Rock, Arkansas its Irue and lawful -Attomey(s)-in- fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred it=its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($**3,000,000,00** ). This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is graned under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or mare suitable, persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: — =_ Attorne)-in-Fact maybe given full power and authority for and in the name of and on behalfof the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as ifsigned by the President and scaled and effected by the Corporate Secretary. Be it Resolvers, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attomey or certificate hearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this loth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY —_ - — UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals =-5 ,ao�j�etscrogg4 - ,o,��ssu��Tn� ouaz���o a"y s�'�'c s o h + = B Gs �M'C 1*0 W i f� ax4 T N F` A � _ y - t - :;9a•, : Q� g r y s 3 �s Daniel P. Aguilar, Vic e P`res'i ent -yrvYllYllitil'� nikY111Yllta YY,[YI1NIlat bxYYgIIINIYa. State of California County of Los Angeles SS: On 10th day of Tecember, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding. Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribers to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of -which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY Vhffie Elfidlaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. tcr+ralog ltr Signature — (Seal) corrrmM$c t99tlSt4 llataty Prylslk - 0dlldrnN Las Anoille GNAW Comm, t' Irka nic B. 2016 I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power ofAttorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Mkiess Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this \'�4% day of _ Mat . Corporate 'Seals 1pr CipR� 3yP��s'� RF Fp $ Q,y41 y0. c4,3 5�n ��%a� wzcaraaarca *3 ,:�9FFi if, yW..ty K Y Bond �,ro, � 3 �_' � ` � ,. Jeannie Lee, Vsistant Secretary Agency No. 0217 n��e`iron'♦a �'"Y.wYYH+lna''• .w TE OF: MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Sond Number ; 1000962953 THAT Water Splash, Inc. as PRINCIPAL, and U.S. Specialty Insurance Company , as SURETY, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a munielpai corporation at Anna, Collin County, Texas the sum of. Two Hundred Eighty Thousand and No1100 Dollars ($280,000.00) for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETY do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said Water Splash, Inc. , the Contractor, did on the 251" day of February, 2013 enter into a written Construction Contract with the said City of Anna for the following project: Delivery and Construction of Splash Pad and Related Equipment for 5layter Creek Park in the City of Anna, Texas which Construction Contract and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Construction Contract, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or tabor performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall he null and void, and have no further effect, but If default shall be made by the said CONTRACTOR in the performance of its Construction Contract to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted, and it its further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 111h day Of April , 20 13 SURETY- UJ S_ Specialty in a e Company By: Print Name. Mason T Grashot Title: ALtorney -In-Fact PRINCIPAL: Walser Splash, I lay: Print Name; Go Welik Title: President The undsrs,ghed Sea°rety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department cr the Treasury list of aperwLed sureties, and hereby designates Rt� _fit tx., an agent resident in County, Texas, to whom any requisite notices rnav be dtAvered and on whom service of process may be Wad an matters arising out of such suretyship. U.S. SPea aI lnsux -nc I ; mpany, Surety By: PRINT NAMe se Grashot, Attorney- In- Fact ADDRESS:16415 Addison Road, Suite 200,Addison, Tx 750011 PHONE/FAX: 972-930-e880 / 972-248-6019 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Mason T. Grashot, Gail A. Barraza, or Ami L. Ashmore of Little Rock, Arkansas its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge a&deliver any and all bands, recognixances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ), This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is graned under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant secretary shall be and is hereby vested with full power and authority to appoint any one or_m_orq_switablepersons as_Attdrney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Aflormr s hi -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder„ and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as ifsigned by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or ally certificate relating thereto by facsimile, andmy power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I Oth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY — =, ui Y !ry hG,' n k 1 ❑�1pAt 70g8N `a,��5 $i1R t'IK-v,5- �a.nswe.,Q B �- -w y:r- =,•• Daniel P. Aguilar, Vice President .:.. QF..�*q �. ............, ��1.?` rrvr +tll1 �/rrurllll4«"' �rvrry ril+A — State of California - County of Los Angeles SS: On 10th day of December, 2012, before me, Vanessa Wright, a notary publitAarsonally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PEPj- URY" under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I. IMP . � — — {Seal} S: Co unityian i 1990319 Signature Notify Punk • Cliftnile tat Angelis County tiuoM, tt ifeo Ott 8.20 I, Jeannie Lee, Assistant Secretary of .American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In W� ess Whereof, I have hereunto set my hand and affixed the seals ofsaid Companies at Los Angeles, California this ,: &y of === Corporate SealsNlsu. a' cM rs a AORgrw, •ciawa FO ? O 1 3 a scot 7s, mss a t r � Bond No.� ate:k P s Y -' s Jeannie Lee, Vsistant Secretary 0217 Agency N©. n°quFaRA,`'' �Mllr*Irl " 4re4Ftc±`' llrl 4L1 !r+ + rrlrl!!l+n111 Ir t++K"