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23-59 Playcore Wisconsin, Inc. Dba Gametime Installation Services of Share Structures at Sports Complex Agreement 05-24-2023
RESOLUTION NO.23-59 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND PLAYCORE WISCONSIN INC., DBA GAMETIME FOR INSTALLATION SERVICES OF SHADE STRUCTURES AT THE FIRESTONE SPORTS COMPLEX WHEREAS, the Town of Firestone ("Town") desires to engage P1ayCore Wisconsin Inc. dba GameTime ("Contractor") for the purpose of providing installation services for the shade structures at the Firestone Sports Complex ("Project"); and WHEREAS, the Town finds that Contractor has the expertise, qualifications, and experience necessary to perform the Project's duties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and P1ayCore Wisconsin Inc. dba GameTime for installation services for the shade structures at the Firestone Sports Complex is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 24th day of May, 2023. ATTEST: ist K. Bashor, CMC Town Clerk APPROVED AS TO FO M: Willi ttomey 11 •�/ ,ii • • • • .S Drew Alan Peterson, Mayor CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the "Construction Contract' or "Agreement') is made and entered into this 24th day of May, 2023 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town" or the "Owner"), and PlayCore Wisconsin Inc. dba GameTime, an independent contractor with a principal place of business at 150 PlayCore Drive S.E. Fort Payne, AL 35967 ("Contractor") (each a 'Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS, the Town has found the Contractor to have the expertise and experience to perform the required services. NOW THEREFORE, consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF WORK A. The Contractor shall complete all Work and perform all Services described or reasonably implied from the Scope of Work set forth in Exhibit A and the Contract Documents, attached hereto and incorporated herein by this reference and known as: Sports Complex Improvement (P2023.9325) Project. B. A change in the Scope of Work shall not be effective unless authorized as a written amendment to this Agreement or change order in accordance with the Contract Documents. If the Contractor proceeds without such written authorization, the Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. C. Within ten days of the Effective Contract Date, the Contractor shall provide the performance bond, labor & material payment bond, and certificate of insurance required by the contract Documents. II. RESERVED Page 1 of 9 FIRESTONE III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 180 days of the Effective Date of this contract. It shall continue until the Contractor completes the Scope of Services to the Town's satisfaction, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay the Contractor for all Work previously authorized and completed prior to the date of termination. If, however, the Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. C. Should a delay in completion constitute a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty, and the parties recognize the delays, expenses, and difficulties involved in proving the actual loss suffered by the Town if the Work is not completed on time. For each day that all or a portion of the Work is delayed beyond the deadlines set forth in Section III hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work is complete. IV. In consideration for the completion of the Work by Contractor, the Town shall pay Contractor, subject to all of the terms and conditions of the Contract Documents, an amount not to exceed $70,230.76 (the "Contract Price"). The Contract Price shall include all fees, costs, and expenses incurred by the Contractor, and no additional amounts shall be paid by the Town for such fees, costs, and expenses. V. PAYMENT PROCEDURES A. The Contractor may submit Applications for Payment for completed Work per the UNIT - PRICE FORM. The Contractor may submit periodic invoices, which the Town shall pay within 30 days of receipt. B. The Town may retain up to five percent (5%) of the calculated value of completed work from each application of payment up until the contract is completed satisfactorily and finally accepted by the Town. C. Upon issuing a final acceptance of the Work for the Project, the Town shall pay to Contractor the remainder of the funds or monies previously withheld as retainage VI. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. Page 2 of 9 FIRESTONE B. The Work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of Work in the applicable community. C. The Work performed by the Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the Keep Jobs in Colorado Act, C.R.S. 8-17- 101, et seq. (the "Act") and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules") D. The Town's review, approval or acceptance of, or payment for any completed Work shall not be construed to operate as a waiver of any rights under this Construction Contract or of any cause of action arising out of the performance of this Construction Contract. E. The Contractor hereby warrants to the Town that all materials and equipment used in the Work, and made a part of the Work, or placed permanently in the Work, shall be new unless otherwise specified in the Contract Documents. The Contractor further warrants that all equipment and materials shall be of good quality, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, or equipment not conforming to the Contract Documents shall be considered defective. F. The Contractor shall warrant and guarantee all materials and equipment furnished under the contract and all Work performed for one year after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at its own expense, any Work that is found to be defective. The expiration of the warranty period shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for Work negligently or defectively performed. VII. OWNERSHIP Any materials, items, and Work specified in the Scope of Work, and any and all related documentation and materials provided or developed by the Contractor shall be exclusively owned by the Town. The Contractor expressly acknowledges and agrees that all Work performed under the Scope of Work constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," the Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such Work. The Town may, with respect to all or any portion of such Work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such Work without providing notice to or receiving consent from Contractor. Vill. INDEPENDENT CONTRACTOR The Contractor is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform Work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. Page 3 of 9 FIRESTONE IX. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and eompleted eperattens The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carded by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by the Contractor. The Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Construction Contract. X. INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, velunteers, representative, agents, employees, heirs, and assigns from and against all claims, liability, damages, losses, expenses, and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Construction Contract if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other faults of the Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Page a of 9 FIRESTONE XI. WORKER WITHOUT AUTHORIZATION A. Certification. By entering into this Construction Contract, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who will perform Work under this Construction Contract and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform Work under this Construction Contract. B. Prohibited Acts. The Contractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform Work under this Construction Contract, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform Work under this Construction Contract. C. Verification 1. If the Contractor has employees, the Contractor has confirmed the employment eligibility of all employees who are newly hired to perform Work under this Construction Contract through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Construction Contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing Work under this Construction Contract knowingly employs or contracts with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing Work under this Construction Contract, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing Work under this Construction Contract; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 3 hereof, the subcontractor does not stop employing or contracting with the worker without authorization who is performing Work under this Construction Contract; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing Work under this Construction Contract. Page 5 of 9 FIRESTONE D. Duty to Comply with Investigations. The contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that the Contractor is complying with the terms of this Section XII. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire Agreement between the Town and Contractor concerning the Scope of Services, consist of the following: A. Exhibit to this Construction Contract: 1. Exhibit A: Quote #103064-01-01. There are no Contract Documents other than those listed above in this Section XII. XIII. CHANGE ORDERS A. A Change Order is a written instrument issued after execution of the Agreement signed by Town and Contractor, stating their Agreement, as applicable, upon all of the following: a. The scope of the change in the Work; b. The amount of the adjustment to the Contract Price; and c. The extent of the adjustment to the Contract Times(s). B. All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Town and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustment such changes. XIV. MISCELLANEOUS A. Governing Law and Venue. This Construction Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract. C. Integration. This Construction Contract and any attached exhibits constitutes the entire Agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Construction Contract. Page 6 of 9 FIRESTONE E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severabilitv. If any provision of this Construction Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Construction Contract may only be modified upon written Agreement of the Parties. H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, at seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for Work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. ATTEST• Knsti K Bashor, CIVIC, Town Clerk m ..". Mlfff TOWN FIREST E, COLORADO Drew Alan Peterson, Mayor Page 7 of 9 FIRFSTONF William P. Hayashi, Town Attorney TENNESSEE STATE OF99k9R ) ss. COUNTY OF HAMILTON PlayCore Wisconsin Inc. dba GameTime By: <Z-/. Clint Whiteside, Director of Sales Administration The foregoing instrument was subscribed, sworn to and acknowledged before me this 17th day of May 2023 by Clint Whiteside as Director of Sales Administration of PlayCore Wisconsin, Inc. dba GameTime My commission expires: 01/05/2024 (SEAL) qy. �ENNESSFE N°I ac ""IC. .�.� S'�., �11i1r0�100,'g Page 8 of 9 FIRESTONE SCOPE OF WORK Contractor's Duties During the term of this Construction Contract, the Contractor shall perform the following duties, as directed by the Town: • Contractor shall supply and install a quantity of 6 20'x10'x8' in ground hanging cantilever shade structures at the Firestone Regina[ Sport Complex for $66,886.44. Owner contingency of $3,344.32 is included in the total contact price and can only be used with written authorization from the Town's project manager for this project. Any contract changes requested by the Contactor will be submitted in writing and will be handled as a change order request per section XIII. CHANGE ORDERS. Page 9 of 9 FIRESTONE A�� CERTIFICATE OF LIABILITY INSURANCE DATE 7�OMroDYYYY) 23 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(les) 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 MARSH USA, L-C. NOANEACT Brenda Young -Epps Two Alliance Centerexi 3560 Lenox Road, Suite 2400 Atlanta, GA 30326 PHONE (404) FAx uc No E-MAIL ADD ss: brenda.youngepps®marsh,com INSURERS AFFORDING COVERAGE INSURER A: Evanston Insurance Company NAICIf Attn: At1anta.CertRequesI@marsh.com l Fax: 212-9484321 CN102326389-CAS-GAUWX-22-23 35378 INSURED PlayCore Wisconsin, Inc. INSURER B: Indemnity Ins Cc Or North America 43575 INSURER C : ACE Pm And Casual Ins Co 20699 Dba GamaTme 150 PlayCore Drive SE Fort Payne, AL 35967 INSURER D : ACE American Insurance Company 22667 INSURER E : NIA NIA INSURER F: ACE Fire Underwriters Insurance Comoanv 20702 COVERAGES CERTIFICATE NUMRFR- Am-M9RnAumn nf= nl �u all 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, ILSR TYPEOFINSURANCE AOOL UBR POLICY NUMBER MumnAr FF MMNOY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY MKLV2PB0001627 08MI/2022 0810112023 EACH OCCURRENCE $ 2,000,000 CI -AIMS -MADE IT]OCCUR PREMISES Me oca,mancel S 100,000 SIR$250,000Per Occ X MED EXP jAny one person) $ 10,0W PERSONAL B ADV INJURY S 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4.000.000 POLICY � LOC JECT PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY AGGREGATE It 10,000,000 OTHER: B AUTOMOBILE LIABILITY CAL H10690110 08I01022 08/0112023 COMBINED SINGLE UNIT Ea acdde I' s 1,000.000 O % BODILY INJURY (Par Pen) rso $ OWNED OWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY erxiden0 E HIRED NON-OWAUTOSO ONLY AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE AMAG er e¢ulani1 $ CompJCDll.[)ad.:$1,000 $ X UMBRELLALWB X OCCUR %EUG71549Ml 004 08101/2022 0810112023 EACH OCCURRENCE $ 10,000.000 AGGREGATE $ 10.000,000 EXCESS LIAR CLAIMS -MADE RETENTION Umb Catastrophe $25,000 DED I X I RETENTION SO $ D WORKERS COMPENSATION 0 - %PATUTE EMPLOYERS'LIABILITY YIN ERAND E L EACH ACCIDENT $ 1,000,000 SCF CW669786 08IOt202DAYPROPRIETORIPARTNER/EXECURVE 0810112023 F OFFICEWMEMBEREXCLUOE07 N NIA EL. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory in NH) SCF C50669713 08/0112022 0810112023 If yes, desufbe und¢r DESCRIPTION OF OPERATIONS below (See Additional Page.) EL. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached N more space is required) RE: Firestone Regional Sports Complex- OMNIA Contract#2017001134 Town of Firestone and its oficam, employees, and contactors are listed as additional Insured as their Interests may appear, during and until completion of the referenced project, on a primary and non-contributory basis, on the General Liability via CG 2010 04/13 and Automobile Liability via DA-9U74c policies, when required by written contact. A Waiver of Subrega6on applies in favor of the additional insured on the Workers Compensation policy, when required by written contract. Town Park Firestone 9950 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE e, AveTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Firestone, C080504 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC 6 ACORD CORPORATION. All rights reserved. Al um a Izu I olus) I ne ACOHU name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102326389 LOC #: Atlanta ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, LLC. PlayCore Wisconsin, Inc. Dba GameTime 150 PlayCore Ddve SE POLICY NUMBER Fort Payne,AL 35967 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers' Compensation (Continued): WLRC50669828-AL,AZ,CA,CO,FL,GA,IL,IN,KY,MI,MN,MO,NV,NY,OK,OR,PA,SC,TN,TXUT,VA SCF C50669786 - CA,CO,FL,GA,ILJN,MI,MN,MO,MT,NC,NM,NV,NY,OK,OR,PA,SC,TN,TX SCF C50669713- Wisconsin (WI) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD GameTime FIRESTONE REGIONAL SPORTS COMPLEX TOWN OF FIRESTONE Atin CHUCK BRANDT 9950 PARK AVE FIRESTONE CO 80504 Phone 303-901-0227 04/2512023 Quote # 103064-01-01 Ship to Zip 80621 DescriptionQuantity Part 0 6 QR1394 GT-Shade - GTHC201008IG HANGING CANTI 20X10X8-IG S6 354 00 S38 124.00 INSTALL ALTITUDE CONTRACTING - EQUIPMENT INSTALLATION Contract OMNIA #2017001134 Comments SITE PREP, PERMITS NOT INCLUDED PLEASE ADD TAX IF APPLICABLE $26 475.00 $26 475.00 Sub Total $64.599.00 Discount IS1143. 72) Freight S3431.16 THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION UNLESS NOTED AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT PURCHASES IN EXCESS OF 51, 000.00 TO BE SUPPORTED By YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAYCORE WISCONSIN. INC dba GAMETIME Pnong f.o.b factory Pricing Form for 30 Days from the day of this quotation. Payment terms. Net 30 days for tax supported governmental agencies A t S-o per month finance charge will be imposed on all past due accounts. Equipment shall be mvorced separately from other services and shall be payable in advance of those serwces and project completion Retainage not accepted Payment via credit card If you elect to pay by credit card GameTime charges a 2.50 a processing fee that is assessed on the amount of your payment This fee is shown as a separate line item and included in the total amount charged to your credit card You have the option to pay by check ACH or Wire without any additional fees Final TAX amount may change any additional lax required will be customer's responsibility Shipment. Standard playground and furnishings order shall ship within 10-12 weeks. Custom Panels 10-12 weeks, Vista Ropes Climbers 12-18 weeks. Standard Shades and Shelters 14-16 weeks. Surfacing 1-2 weeks after GameTime's receipt and acceptance of your purchase ordercolor selections approved submittalsand receipt of deposit, if required All orders remaining staged for shipment win the manufacturer after 10 business days will be applicable to a minimum storage fee of $125.00 as well as an additional S125 00 per weekper order The customer will be responsible to pay these tees once the equipment ships. Flatbed and Forklift requests would be additional charge (not included) Freight charges Allowed 8 prepaid Installation: shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. PURCHASER SHALL ABSORB ALL COSTS INCURRED FROM UNKOWN SOIL CONDITIONS SUCH AS ROCK REMOVAL. POOR DIGGING CONDITIONS (BEDROCK). OR POOR SOIL BEARING CAPACITY. INCLUDING BUT NOT LIMITED TO JACKHAMMER, BACKHOE OR BULLDOZER, SONOTUBES IPLUS DELIVERY. OPERATOR AND INSTALLATION IF REQUIRED) Exclusions: unless specifically included. this quotation excludes all bonds, prevailing wages. site work and landscaping. removal of existing equipment. acceptance of equipment and off-loading, storage of goods prior to Installation. equipment assembly and installation, safety surfacing: borders and drainage provisions. OMNI I> A Page i ct - Conti not U2017001 1 34 O ININI aI -I'I NI T i+ _ N p; N 8 � C LLI N C zo aw F g r m d c o o t' W V CQ7 c U v a y S� 33 ¢ = x c o w 0Z_ LL LL LL O Z .88 € 4 a 00 0UU m=S O W W N O N N A m ¢