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HomeMy WebLinkAbout2019-533-E DEAPR - Miracle Recreation Equipment Company Efland slideRevised 10/17 (Mgr apprv 5k 6/18) 1 [Departmental Use Only] TITLE Efland Park Slide FY 2019-2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 31 day of July, 2019, (“Effective Date”) by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Miracle Recreation Equip. Co (the "Provider"), party of the second part; W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Playground Repairs. Demo of existing slide exit section on tube slide and removal of spoils at Efland-Cheeks Park playground. Installation of new slide exit section with inserts. The term of this agreement rendered shall be from August 1, 2019 to November 1, 2019. 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 to the satisfaction of the County. Provider shall be responsible for all errors or omissions, 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. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed One thousand seven hundred sixty one dollars and sixty cents, ($1,761.60). Payment shall be made within thirty (30) days of an invoice properly submitted to County. 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. 2. Non–waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may DocuSign Envelope ID: A102013E-8A93-4147-8909-71F057AA3A2A Revised 10/17 (Mgr apprv 5k 6/18) 2 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.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 anti-discrimination 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/departments/purchasing_division/contracts.php.). Any violation of this requirement 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. 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. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. DocuSign Envelope ID: A102013E-8A93-4147-8909-71F057AA3A2A Revised 10/17 (Mgr apprv 5k 6/18) 3 10. 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Kevin Walker, Sales P.O. Box 8181 Administration/Customer Service Manager Hillsborough, NC 27278 DocuSign Envelope ID: A102013E-8A93-4147-8909-71F057AA3A2A  DocuSign Envelope ID:Al02013E-8A93-4147-8909-71 F057AA3A2A Miracle Recreation Equip. Co. 1178 E. US Hwy 60 QUOTE: R0100194100 M i ra c I e Monett, 570$ 1-888-458-8-2752 Prepared For: Project Name&Location: Prepared by: Sharon Kelly Site Concepts LL.0 Orange County Attn: Efland-Cheeks Parks Division Playground/Orange County P.O. Box 770 6823 Millhouse Road Parks Operation Base Millers Creek, NC 28651 Chapel Hill, NC 27516 6823 Millhouse Rd 336-280-0473(phone) (919)967-3097(phone) Chapel Hill, NC 27516 336-790-4775(fax) skelly@crangecountync.gov heather@siteconceptsva.com Ship To Address: End User: Sharon Kelly Sharon Kelly Orange County Efland-Cheeks Playground Parks Division Parks Operation Base 6823 Millhouse Road 6823 Millhouse Road Chapel Hill, NC 27516 Chapel Hill, NC 27516 (919)967-3097(phone) (919)967-3097(phone) (919)967-3097(fax) skelly@orangecountync.gov skeily@ora ngecountync.gov Quote Number: R0100194100 Quote Date: 7/22/2019 Valid For: 30 Days From Quote Date P layArea_01 Product line: KidsChoice Age group: Components Part Number Descrlption Qty Weight Unit Price Total 104468 BOLT 3/8-16 X 1/2 BHCS 6 LOBE 18-8 SS 4 0.00 1,09 4.36 104750 BOLT 1/4-20 X 5/8 BHCS 6 LOBE 18-8 SS 25 0.00 0.32 8.00 117001 WASHER 1/4 FLAT 18-8 SS MS15795-811 25 0.00 0.05 1.25 117005 WASHER 3/8 X 1 O.D. FLAT 18-8 SS 4 0.02 0,22 0.88 985771 BLU EXIT SECTION 30" DIA TUBE W/INSERTS 1 61.00 1,055.00 1,055.00 Totals: Equipment Weight: 61.08 Ibs Equipment List: $1,069.49 Discount Amount: -$0.00 Equipment Price: $1,069.49 7/22120 f 9 Page 1 of 3 QUOTE: R0100194100 DocuSign Envelope ID:Al 02013E-8A93-4147-8909-71F057AA3A2A Freight: $192.11 Installation: $500.00 Products by Other: $0.00 SubTotal: $1,761,60 Estimated Sales Tax*: $94.62 Grand Total: $1,856.22 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 Administration"via fax(417)235-3551 or email:orders@m':raclerce.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 shall 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 Box 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: R0100194100 Quote Date: 7/2 212 0 1 9 Equipment: $1,069.49 Grand Total: $1,856.22 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 Name and Title Bate 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. DefauIt,Remedies&Delinquency Charges. Customer's 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 Cade. 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 Warrantyl 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 7/22/2019 Page 2 of 3 QUOTE: R0100194100 DocuSign Envelope ID:Al02013E-8A93-4147-8909-71 F057AA3A2A ® DATE(MM/D CERTIFICATE OF LIABILITY INSURANCE 019 AC'�I2a 01/25/2019 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 'W8 NAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 LAC St. Louis MO Office (A/C.No.Ext): (A/C.No.): 4220 Duncan Avenue E-MAIL p Suite 401 ADDRESS: _ St Louis MO 63110 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Allied World National Assurance Company 10690 Plavpower HOldinas, Inc. INSURER B: Everest National Insurance Co 10120 11515 vanstory Drive Suite 100 INSURERC: James River Insurance Company 12203 HUNTERSVILLE INC 28078 - 6417 USA INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570074933698 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 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 INSR TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY RC GL 5 1 1 1 110/01/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & conditions DAMAGE TO RENTED $300,000 PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY $1,000,000 p°Dj GEMLAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $4,000,000 M POLICY X❑PE ❑X LOC PRODUCTS-COMP/OP AGG $4,OOO,OOO CT OTHER: SIR $500,000 CD AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT LO Ea accident ANYAUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) y AUTOS ONLY AUTOS RED AUTOS NON-OWNED PROPERTY DAMAGE HI ONLY AUTOS ONLY Per accident G1 A X UMBRELLA LIAB X CLAIMS-MADE OCCUR 03115344 10/01/2018 10/01/2019 EACH OCCURRENCE $5,000,000 L) EXCESS LIAB Umbrella AGGREGATE $5,000,000 DED I X RETENTION$10,000 WORKERS COMPENSATION AND PER OTH- EMPLOYERS'LIABILITY Y/N STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Quote # R0100194064 for parts to Repair/Replace Equipment at Central Recreation Park and Fairview Park, Quote # R0100194064 attached for reference. Y�J CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County Parks Division AUTHORIZED REPRESENTATIVE Attn: Sharon Kelly 6823 Millhouse Road e} Chapel Hill NC 28516 USA cY,�'�!a �GIDfG fs e/ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:Al02013E-8A93-4147-8909-71 F057AA3A2A AGENCY CUSTOMER ID: 570000052633 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ Of AGENCY NAMED INSURED Aon Risk Services Central, Inc. Playpower Holdings, Inc. POLICY NUMBER See Certificate Number: 570074933698 CARRIER NAIC CODE See Certificate Number: 570074933698 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 NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR INSD WVD DATE DATE MM/DD/YYYY MM/DD/YYYY EXCESS LIABILITY C 000860430 10/01/2018 10/01/2019 Aggregate $5,000,000 Excess Liab $5M x $5M Each $5,000,000 Occurrence ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:Al02013E-8A93-4147-8909-71 F057AA3A2A AGENCY CUSTOMER ID: 570000052633 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ Of AGENCY NAMEDINSURED Aon Risk services Central , Inc. Playpower Holdings, Inc. POLICY NUMBER See Certificate Number: 570074933698 CARRIER NAIC CODE See Certificate Number: 570074933698 EFFECTIVE DATE: 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 P1ayPower Inc. (First named insured) Additional Named Insureds Play Holdings Inc. Playpower Holdings, Inc. P1ayPower Finance, Inc. Miracle Recreation Equipment Company Miracle Midwest E-Z Dock, Inc. Kid Play, Inc. Soft Play, L.L.C. Sprectra Turf, Inc. P1ayPower LT Farmington, Inc. Playpower LT Canada Inc. Play Design International SARL Playworld systems, Inc. Playworld Preferred, Inc. Hags Play Europe AB and its Subsidiary companies, Hags Play AB, Hags Denmark; and Hags-MB-Spelidee GMBH; Hags Swelik SA Playpower UK Limited and its subsidiary 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(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD