HomeMy WebLinkAbout2019-047-E DEAPR - Miracle Recreation Equipment replace playground equipment DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
[departmental Use Only]
TITLE Miracle
FY 2018-19
NORTH CAROLINA
SERVICES AGREEMENT UNDER$90,000.00
NO RFPIRFQ
ORANGE COUNTY
This Services Agreement(hereinafter"Agreement"), made and entered into this 29th day of
Tan, 2019, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Miracle Recreation
Equip. Co., (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services �
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Playground repairs.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state anti local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
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quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall '
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider,
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation,
vi) In determining the basic services to be provided, should any documents be
referenced in this Agreement, the terms of this Agreement shall have priority in
any conflict between the terms of referenced documents and the terms of this
Agreement. Should a request for proposals and a proposal be referenced the
terms of the request for proposals shall have priority over the terms of any
proposal.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided); Demo of existing Multi-Pondo apparatus and
netting on Horseshoe Climber and removal of spoils at Central Playground. Installation
of new Logroll replacing Multi-Pondo and installation of new netting on Horseshoe
Climber. Demo existing Tensile-Tough ladder at Fairview Park playground and removal
of spoils. Install new Tensile-Tough ladder on playground at Fairview Park.
4. Duration of Services
a. Term. The term of this Agreement shall be from Feb 1, 2019 to May 3, 2019.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
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E
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perfor'rrr its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be Feb 15, 2019.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services shall not exceed Eight thousand three
hundred twelve dollars and sixty cents Dollars ($8,312.50). Payment for Basic Services
shall become due and payable within thirty (30) days of Provider properly invoicing
County. Payment shall be subject to provisions of Section 5(b).
b, Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment
associated with the work to be performed until such time as said work is completed.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
G. Responsibilities of the County
a. Cooperation and Coordination. The County has designated-(Sharon Kelly) to act as the
County's representative with respect to the Project and shall have the authority to render
decisions within guidelines established by the County Manager and/or the County Board
of Commissioners and shall be available during working hours as' often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance,Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by County's Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
.herein by reference and may be viewed at
http://www.orangecountync,gov/departments/purchasing division contracts. h ). If
County's Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of (if no additional insurance required mark
NIA as being not applicable). Provider shall not commence work until such insurance is
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in effect and certification thereof has been received by the County's Risk Manager.
8. Indemnity
a. Indemnily. The Provider agrees, without limitation, to defend, indemnify and hold
harmless the County from all loss, liability, claims or expense, including attorney's fees,
arising out of or related to the Project and arising from property damage or bodily injury
including death to any person or persons caused in whole or in part by the negligence or
misconduct of the Provider except to the extent same are caused by the negligence or
willful misconduct of the County. It is the intent of this provision to require the Provider
to indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the-County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach, The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
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DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County's convenience and without penalty to County upon three (3) days' notice to
Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governin Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-96.81.
c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable
local, state, and federal laws, rules, and regulations including but not limited to all state
and federal nondiscrimination laws, policies, rules, and regulations and the Orange
County Non-Discrimination Policy and Orange County Living Wage Policy (each policy
is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/de-Daltments/t)urchasinp, divisionlcontracts. h .) Any
violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the
part of the County. This paragraph is not intended to limit and does not limit the
definition of breach to discrimination.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of such suit or action.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
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DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
i'. Several?il If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. TOwnership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11 A and Article 40 of North Carolina general Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail,return receipt requested to the following;
Orange County Provider's Name
Attention:Sharon Kelly Kevin Walker
P.O. Sox 8181 878 E Highway 60
Hillsborough,NC 27278 Monett, MO 65708
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
i
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal,all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
f
I
DocuSigned by: DocuSigned by:
By: �jbin.Vut l�aw►w�t vs By: Ocu to u^
g� t�er F5E1 C8415344407...
Kevin Walker, Sales
Administration/Customer Service Manager
Printed Name and Title
Reprised 12/18
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DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
Miracle Recreation Equip. Co.
878 E. US Hwy 60 QUOTE: R0100194064
Miracle Monett, MO 65708
1-$8&458-8-2752
Prepared For. Protect Name&Location: Prepared by:
Sharon Kelly Site Concepts LLC
Orange County Repairs @ Central Recreation Pk. Melissa Call
Parks Division Repair @ Fairview Park P.O. Box 770
6823 Millhouse Road Millers Creek, NC 28651
Chapel Hill, NC 27516 336-280-0473(phone)
(919)967-3097(phone) 336-790-4775(fax)
skelly@orangecountync.gov mcall@siteconceptsva.com
Ship To Address: End User:
Sharon Kelly Sharon Kelly
Orange County Orange County Parks Division
Parks Division Central Rec. Pk., 302 W.Tryon St.
6823 Millhouse Road Fairview Pk., 195 Torain St.
Chapel Hill, NC 27516 Hillsborough, NC 27278
(919)967-3097(phone) (919)967-3097(phone)
(919)967-3097(fax) skelly@orangecountync.gov
skelly@orangecountync.gov
Quote Number: R0100194064
Quote Date: 1/22/2019
Valid For: 30 Days From Quote Date
Central Recreation Park Repairs
Product line: Freestanding
Age group:
Global defaults
Post-FS GREEN ?
Components
Part Number Description Qty Weight Unit Price Total
824 LOGROLL 1 135.00 1,366.00 1,366.00
987438HG TT FREESTANDING NET ASSY 2 51.00 1,023.00 2,046.00
987617 PARTS CARTON, 714-767-5 1 12.00 214.00 214.00
Fairview Park Repairs
Product line: KidsChoice
Age group:
Components
Part Number Description Qty Weight Unit Price Total
989846BL TENSILE TOUGH NET ASM -TENSILE LADDER B 1 11.00 439.00 439.00
989872BLU PARTS CARTON-7149165 1 2.00 87.00 87.00
1/22/2019 Page 1 of 4
QUOTE: R0100194064
i
DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
1
1
Parts By Other
Part Number Description Qty Weight Unit Price Total
Demo Demolition and Removal 1 0.00 2,500.00 2,500.00 I
Demo of existing equipment and removal of spoils at the Central
Recreation Park location
❑emo#2 Demolition and Removal 1 0.00 250.00 250.00
Logistics for travel from Central Recreation Park to Fairview Pk.
Demo existing Tensile-Tough ladder and remove spoils.
INSTALLATION CONDITIONS OF NORMAL OPERATIONS 1 0.00 0.00 0.00
Installation prices assume normal soil conditions and do not include
rock excavation. Unless otherwise noted quote does not include
prevailing wages,permits,state or local approvals,performance
bond,engineering seals,soil testing,site excavation,sub-grade
drainage,security fencing,or landscaping.Installation of recreation
equipment requlres the uselope ration of heavy equipment,Access
to the install site must be available for a skid steer loader during
installation.Expect some site disturbance to grounds in the
performance of the installation.
UTILITIES UNDERGROUND UTILITY LOCATION 1 0.00 0.00 0.00
RESPONSIBILITY
Our installers w]h notify utility locators to identify underground
public utilities prior to the beginning of any excavation.These
services only locate utilities belonging to the service provider.
Contracted utility locators will mark any applicable public
underground utilities only up to the point of private ownership.
It is the responsibility of the owner/contractor to identify and locate
any privately-owned underground utilities in the installation area.
Any damages or repairs to private owned utilities are not the
installers responsibility if private utilities are not located.Installer
down time due project delays caused by any non-located private
utilities could result in back charges. If damage to utilities(public
or private)is un-avoidable during the installation,an alternative
installation site or re-location of the utilities may be necessary to
continue.
Totals:
Equipment Weight: 262.00 lbs
Equipment Price: $4,152.00
Freight: $210.60
Installation: $1,200.00
Products by Other: $2,750.00
SubTotal: $8,312.60
Estimated Sales Tax*: $327.20
Grand Total: $8,639.80
Notes:
This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company
("Miracle'). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer,and signed Quotes cannot be accepted from
Sales Representative. To submit this offer,please sign below and forward a complete signed copy of this Quote directly to"Miracle Sales
1/22/2019 Page 2 of 4
QUOTE: ROI00'{94064
DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
if
Administration"via fax(417)235-3551 or email:orders@rniracleree.com. Upon acceptance,Miracle will return a fully-signed copy of the Quote to
Customer(with copy to Sales Representative)via fax or email.
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by
Customer,in writing or otherwise,as material alterations,and all such proposed terms sha[l be void. Customer authorizes Miracle to ship the
Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by
Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Sox 734154,
Dallas,TX 75373-4154,unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due
invoices. Customer must provide proper tax exemption certificates to Miracle,and shall promptly pay and discharge all otherwise applicable taxes,
license fees,levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of
Miracle Recreation Equipment Company.
Quote]Number: R0100194064 Quote Date: 1/22/2019 Equipment: $4,152.00 Grand Total: $8,639.80
CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE
AND SUBJECT TO FINAL APPROVAL BY MIRACLE.
Submitted By Printed Dame and Title Date
THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT
By. Date:
ADDITIONAL TERMS&CONDITIONS OF SALE
1. Use&Maintenance. Customer agrees to regularly inspect and maintain the Equipment,and to provide,inspect and maintain appropriate
safety surfacing under and around the Equipment,in accordance with Miracle's product literature and the most current Consumer Product Safety
Commission Handbook for Public Playground Safety.
2, Default,Remedies&Delinquency Charges. Customees failure to pay any invoice when due,or its failure to otherwise comply with the
terms of this Quote,shall constitute a default under all unsatisfied invoices("Event of Default"). Upon an Event of Default,Miracle shall have all
remedies available to it at law or equity,including,without limitation,all remedies afforded a secured creditor under the Uniform Commercial Code.
Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment
or its location or its repossession of the Equipment,and Customer expressly waives all rights to possess the Equipment after an Event of Default. All
remedies are cumulative and not alternative,and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer
shall pay all reasonable attorneys fees plus any casts of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under
law, Customer shall pay to Miracle as liquidated damages,and not as a penalty,an amount equal to 1.5%per month of any payment that is delinquent
in such month and is not received by Miracle within ten(10)days after the date on which due.
3. Limitation of Warranty/Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD
WARRANTIES ISSUED WITH THE EQUIPMENT,WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, CUSTOMER AGREES TO DEFEND,INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL
CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT,ITS FAILURE TO
MAINTAIN THE EQUIPMENT,ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE,OR ITS FAILURE TO PROVIDE AND MAINTAIN
APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES
INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC
PLAYGROUND SAFETY.
4. Restrictions. Until all amounts due hereunder are paid in full,Customer shall not:(i)permit the Equipment to be levied upon or attached
under any legal process;(ii)transfer title to the Equipment or any of Customer's rights therein;or(iii) remove or permit the removal of the Equipment to
any location not specified In this Quote.
5, Purchase Money Security Interest. Customer hereby grants,pledges and assigns to Miracle,and Miracle hereby reserves a purchase
money security interest in,the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer
agrees that Miracle may file one or more financing statements,in order to allow it to perfect,acquire and maintain a superior security interest in the
Equipment.
6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted,and the parties'obligations shall be
governed,by the laws of the State of Missouri without reference to its choice of iaw provisions. Customer hereby consents to the personal jurisdiction of
the state and federal courts located in the city and county of St.Louis,Missouri.
7. Title;Risk of Loss;Insurance, Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all
risk of loss or destruction of or damage to the Equipment by reason of theft,fire,water,or any other cause,and the occurrence of any such casualty
shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full,Customer shall
insure the Equipment against all such losses and casualties.
8. Waiver;Invalidity. Miracle may waive a default hereunder,or under any invoice or other agreement between Customer and Miracle,or
cure such a default at Customer's expense,but shall have no obligation to do either.. No waiver shall be deemed to have taken place unless it is in
1/22/2019 Page 3 of 4
QUOTE. RDIOO194064
DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
writing,signed by Miracle. Anyone waiver shall not constitute a waiver of other defaults or the same kind of default at another time,or a forfeiture of
any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the
remaining valid portions hereof.
9. Entire Agreement;Amendment;Binding Nature. This fully-executed Quote,as supplemented by Change Orders and invoices containing
exact amounts of estimates provided herein,constitutes the complete and exclusive agreement between the parties. A Change Order is a written
instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that
Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and
time frames relating to any requested amendments, Upon full execution,this Quote shall be binding upon and inure to the benefit of the parties and
their successors and assigns.
10. Counterparts;Electronic Transmission. This Quote,any invoice,and any other agreement between the parties,maybe executed in
counterparts,each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and
retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either
party,the parties will confirm facsimile or other electronically transmitted signatures by signing an original document.
i
Rev E 021815
1/22/2019 Page 4 of 4
QUOTE: R0100194064
DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOQMlYl)
01128/201/3
THIS CERTIFICATE~ IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL kNSURED provisions or be endorsed.1f
SUBROGATiON IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this w
certificate does not confer rights to the certificate holder In lieu of such endorsement(s). G
CONTACT m
a
PRODUCER NAME:
Aon Risk services Central, Inc. PHONE (866) 283�-7I22 FAX (800) 363-0105 N
St. Louis ate Office [A!C•Ne,Exi]: + •No.• Z3
4220 Duncan Avenue En1vL
suite 401 ADDRESS:
st Louis NO 63110 USA INSURER(S)ATFORn1NG COVERAGE NA1C#
INSURED INSURER A: Allied world National assurance company 10690
PlayDower Holdinqs, Inc. INS URERB: Everest National Insurance Co 10120
11SIS Vanstory Drive INSURERC: lames River Insurance Company 12203
suite 100
HUNTERSVILLE Nc 28078 - 6417 USA INSURERD:
INSURER E:
INSURER r:
COVERAGE$ CERTIFICATE NUMBER: 570074949751 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUE❑OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
LTR TYPE OF INSURANCE INS WVD POLICY NUMDER MMiDDfYYYY POLICY EN- MMIOD LlMlis
B X COMMERCIAL GENERALLIA011.JTY RC GL EACH OCCURRENCE $1,000,000
SIR applies per policy terns & conditions S3002000
CLAIMS-MADE OCCUR PREMISES Ea occurrence
ME EXP(Any one Person]
PERSONAL&ADV INJURY $1,00o,000
GENERALAGGREGATE $4,000,000 m
GENL AGGR ELATE LIMIT APP LIES PER:
POLICY �dE O- �LOC PRODUCTS-CGMPICPAGG $4,000,000
OTHER: SIR $500,000
COMBINEb SINGLE LIMIT
AUTOMOBILE LIABILITY a accident..
BODILY INJURY(per person] O
2
ANYAUTO
OWNEDBOOILY INJURY(Par aoclden)AUTOSONLYHSCHEDULED
Al PROPERTY DAMAGE
u
HIRED AUTOS NON-OWNED ersooldanl V_
ONLY AUTOS ONLY
df
A % UMi3RELIALIAB X OCCUR
03115344 10/01/2018 3-0/01/2019 EACH OCCURRENCE S5,000,000 U
umbrella AGGREGATE SS A01000
EXCESS LIAB CLAIMS-MADE
DEb X RETE NTION S10,000
WORKERS COMPENSATION AND I
PER UTE OTH-
EMPLOYERS'LIABILITY Y I N
E.L.EACH ACCIDENT
ANY PROPRIETOR I PARTNER EXECUTIVE
OFFICERiMEµe@R EXCLUDED? N I A
E.L.DISEASE-EA EMPLOYEE
(Mandatory In NH)
If yyes,dascnbe under E.L.DISEASE-POLICY LIMIT —_
DESGRiPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS FLoCATIONS 1 VEHICLES[ACORD 101,Additlanal Remarks Schedule,may be altachad it more spaco is required]
RF: Quote 0 R0100194064 for parts to Repair/Replace Equipment at central Recreation Park and Fairview Park, Quote N
R0100194064 attached for reference.
�A
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRWED POLICIES BE: CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
Orange county AUTHORIZED REPRESENTATIVE r
PO BOX 8181
�Iillsboraugh NC 27278 USA
pt988-2016 ACORD CORPORATION.All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
AGENCY CUSTOMER ID: S70000052633
_ LOG#:
ADDITIONAL REMARKS SCHEDULE Page _ of _
AGENCY NAMEDINSUREP
Aon Risk Services central, Inc. Playpower Holdings, Inc.
POLICY NUMBER
see certificate Number: 570074949751
CARRIER NA1C CODE
see Certificate Number: 570074949751 EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
INSURER(S)AFFORDING COVERAGE NAIL#
INSURER
WSIURER
I
INSURER
INSURER
r1ADITIUPlr1T POLICIE,S Tf a policy below does not include limit inronnation,refer to the corresponding policy on the ACORD
certificate form for policy limits.
POLICY POLICY
INSR ADDL sUBR EFFECTIVE EXPIRATION LIASrrS
LTR T1�PEOFINSURANCE 1NSD ►','VD PULICYNLIi1faER DATE DATE
Au%tIDD1YYY bJNI1DD1YYY
EXCESS LIABILITY
C 000860430 10/01/2018 10/01/2019 Aggregate S5,0001000
Excess Liab S5M x $5N
Each $5.000,000
occurrence
ACORD 101(2008101) 02008 ACORD CORPORATION.Ali rights reserved,
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
AGENCY CUSTOMER ID: 570000052633
_ LOC#:
ADDITIONAL REMARKS SCHEDULE Page _ of _
AGENCY NAMED INSURED
Aon Risk services Central, Inc. Playpower Holdings, Inc.
POLICY NUMBER
see Certificate Number: 570074949751 i
CARRIER NAIC CODE
see certificate Number: 570074949751 EFFECTIVE PATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
Named insured schedule
Playpower Inc. (First named insured)
Additional Named insureds
Play Holdings Inc.
Playpower Holdings, Inc.
Playpower Finance, Inc.
miracle Recreation Equipment company
Miracle Midwest
E-Z Dock, Inc.
Kid Play, Inc.
Soft Play, L.L.C.
Sprectra Turf, Inc.
Playpower LT Farmington, Inc.
Playpower LT Canada Inc.
Play Design International SARL
Playworld systems, Inc.
Playworld Preferred, Inc.
Hags Playy Europe AB and its subsidiary companies, Hags Play AB, Hags Denmark; and Hags-mB-spelidee GMBH;
Hags swelik SA
Playpower UK Limited and its suhsidiary SMP (Playgrounds) Limited
E-Z Dock Europe SA
But only while the first named insured directly or indirectly owns, during the policy period, an interest
therein of more than 50%.
ACORD 101(2008101) 492008 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD