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HomeMy WebLinkAboutC22-372 Star PlaygroundsAGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN EAGLE COUNTY, COLORADO AND STAR PLAYGROUNDS THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Star Playgrounds a Colorado corporation (hereinafter “Contractor”) Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desires to utilize Contractor for the removal and disposal of all existing playground equipment and surfacing, and the installation of new playground and surfacing (the “Project”) at the Freedom Park Playground located at 0450 Miller Ranch Road, Edwards, CO 81632 (the “Property”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and installation services as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the procurement of equipment, materials and services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to procure the materials, equipment and/or products (“Equipment”) necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A (“Services” or “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. Subject to the weather conditions and amount of snow on the existing playground site, the project shall begin on April 15, 2023 and be completed by May 25, 2023 barring any unforeseen delays. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 11/15/2022 2 Freedom Park Playground Procurement and Installation c. County shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon County’s request and at no charge to County: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. 2. County’s Representative. The Facilities Management Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect until the Project is deemed complete by the Facilities Management Department’s designee. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the Equipment and performance of the Services in a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this Agreement shall not exceed five hundred ninety one thousand six hundred ninety eight dollars ($591,698.00). In the event Contractor and County agree upon the need for Additional Services beyond those described in Exhibit A, those services shall be billed at the rates as set forth in Exhibit A. Prior to commencement of any additional Services at any Property or Properties, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials and any additional costs necessary to perform the Services at a particular Property or Properties. Each estimate must be approved by County’s Representative prior to commencement of the Services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit A. Total compensation under this Agreement shall not exceed six hundred ten thousand dollars ($610,000.00) without a written amendment to this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 3 Freedom Park Playground Procurement and Installation a. Payment will be made for Equipment and Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Equipment or Services for which payment was made were not provided or performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 4 Freedom Park Playground Procurement and Installation ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 5 Freedom Park Playground Procurement and Installation 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. Further, Contractor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturer's warranties associated with the Equipment. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Ron Siebert Post Office Box 850 Eagle, CO 81631 3289 Cooley Mesa Road Gypsum, CO 81637 Telephone: 970-328-8881 E-Mail: ron.siebert@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Star Playgrounds 9892 Titan Park Circle, Unit 1 Littleton, CO 80125 Telephone: 303-791-7626 E-Mail: hannah@starplaygrounds.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 6 Freedom Park Playground Procurement and Installation County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Equipment and/or Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 7 Freedom Park Playground Procurement and Installation f. Contractor hereby represents and warrants that the Equipment will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (1) year from the date the Work is accepted by County, or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than one (1) year, then Contractor’s guarantee or warrantee shall extend for a like period as to such Equipment. h. Contractor warrants that title to all Work and Equipment shall pass to County either by incorporation into the Property or upon receipt by Contractor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and County has inspected and approved the same. i. Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without interruption to County: i. Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects. j. Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. k. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. l. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. m. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 8 Freedom Park Playground Procurement and Installation n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. o. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. p. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. s. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 9 Freedom Park Playground Procurement and Installation IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board CONSULTANT STAR PLAYGROUNDS By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Erin Starr COO Sales Representative:Equipment Manufacturers: Freedom Park Option 5 EXHIBIT A DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Sales Representative: Equipment Manufacturers: Freedom Park Option 5 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Sales Representative: Equipment Manufacturers: Freedom Park Option 5 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Sales Representative: Equipment Manufacturers: Freedom Park Option 5 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Sales Representative: Equipment Manufacturers: Freedom Park Option 5 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Sales Representative: Equipment Manufacturers: Freedom Park Option 5 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Sales Representative: Equipment Manufacturers: Freedom Park Option 5 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Sales Representative: Equipment Manufacturers: Freedom Park Option 5 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Sales Representative:Equipment Manufacturers: Freedom Park Option 5 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 48" 1,22M 48" 1,22M GLIDE SLIDE ROCK CLIMBER NATURE LOG TUBE POST MOUNT WHEEL BEDROCK TRANSFER STATION PLAYWOOD PEAK ROOF BEANSTALK CLIMBER ROPE NET CLIMBER NATURE TUNES (post) SLITHER SLIDE CLIMB & SLIDE PANEL PRETEND PLAY PANEL FIRSTPLAY FP-525-FTD 6-23 MONTH 4 BAY ARCH SWINGS WITH 4 BELT SEATS 1 SWING-ALONG SEAT AND 1 ADA SEAT WAVE RI D E R S E E S A W 2 BAY ARCH SWING W/ 4 TOT SEATS CHIPMUNK SPRINGMATE BEAR OVER LOG CLIMBERPUP TENT CLIMBER SIL L Y T R E E PL A Y H O U S E ID SCULPTURES HOME TREE DUCK SPRINGMATE PIP SURFACING PIP SURFACING NUV O TRAN S F E R STATI O N 48" 1,22M 96" 2,44M 72" 1,83M 24" 0,61M 84" 2,13M BABB L E - O N NATU R E S O U N D S PANE L ( d e c k ) WIND O W P L A N T E R PANE L ( g r o u n d ) NATU R E SLITH E R SLID E WILD W O O D CLIM B E R PLAY W O O D PEAK R O O F ADA STAI R S ADA STAI R S NATU R E SLIT H E R SLIDE TWIS T E D CLIM B E R BABB L E - O N PLAY W O O D BARR I E R PLAY W O O D BARR I E R ( d e c k ) TREE H O U S E DOO R W A Y (groun d ) SLIT H E R SLIDE MAG N I F Y I N G PANE L (groun d ) 24" (6 1 0 m m ) R I S E FUNN E L ADVE N T U R E TUBE SMAL L U N I T Y STEP P E R S (Qty. 5 ) MEDI U M U N I T Y STEP P E R S (Qty. 3 ) PLAY W O O D PEAK R O O F ROCKBLOCKSARCHW/ DECKROCKBLOCKS60" (1,53M)ENDWALLROCKBLOCKSHOOPSCLIMBERROCKBLOCKSZIG-ZAGSLIDEROCKBLOCKS84" (2,13M)ENDWALLROCKBLOCKS90° WALL(84" to 60")(2,13M to 1,53M)ROCKBLOCKSDIAGONALCLIMBERROCKBLOCKSDIAGONALCLIMBERROCKBLOCKSARCHW/ DECKROCKBLOCKS84" (1,53M)KINKED WALLUNITY LARGE CANOPY 3 BOULDER CLIMBER Total Elevated Play Activities: Total Ground-Level Play Activities: Accessible Elevated Activities Accessible Ground-Level Activities Accessible Ground-Level Play Types Required Provided ADA SCHEDULE16 8 12 18 7 17 6 7 B Paper Size USER CAPACITY:AGE GROUP: AREA:PERIMETER: EQUIPMENT SIZE: USE ZONE: DATE: SCALE:PROJECT NO: FALL HEIGHT: *PLAYGROUND SUPERVISION REQUIRED DRAWN BY: ASTM F1487- CPSC #325 FREEDOM PARK - OPTION 5EAGLE, COXX-XXXXX.DIR 3/16"=1'-0" ABERUBE 8/5/2022 SEE DWG SEE DWG 13,996 SqFt.633 Ft. 8 Ft. 223 6-23mo, 2-5, 5-12 17 DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Qty Item Description Unit Price Amount EFI Price includes equipment, freight and factory certified installation. 1.0 Remove/Disp Removal and disposal of all equipment and surfacing $ 38,429.00 $ 38,429.00 1.0 PWPM Playworld Playmakers Custom Playstructure; Based on Design 500-1906 $ 101,796.00 $ 101,796.00 1.0 Playworld Boulders with rope course - Tower, Castle and Ridge $ 94,689.00 $ 94,689.00 1.0 ID Sculptures - Home Tree $ 31,497.00 $ 31,497.00 2.0 PW 350-BAS Playworld Unity 2 bay Basket Swing $ 7,416.00 $ 14,832.00 1.0 PW RB Custo Playworld Rock Blocks Adventure Canyon; Design RB-1015 $ 54,264.00 $ 54,264.00 1.0 PWCH Playworld Challengers "Natural Nook" Playstructure; Design 350-2025 $ 43,752.00 $ 43,752.00 2.0 PW 0737 Playworld Spring Mates - Chipmunk & Turtle $ 2,160.50 $ 4,321.00 1.0 PW 0596 Playworld Duo Seesaw with Backrest $ 5,126.00 $ 5,126.00 1.0 PW 0885 Playworld PlayTown S illy Tree $ 15,614.00 $ 15,614.00 1.0 Playtime Playworld/Softplay Black Bear Sleeping Over Climbing Tunnel $ 13,529.00 $ 13,529.00 1.0 PW 0409 Playworld Systems Pup Tent Climber $ 7,287.00 $ 7,287.00 1.0 PW FP-525 Playworld PlayDesigns First Play Design #5 $ 8,830.00 $ 8,830.00 7.0 PW 0480 Playtown Butterfly Climber $ 891.86 $ 6,243.00 1.0 Playworld 3.5" 3-Bay Arch Swingset with (4) Belt Swing Seats, (1) $ 11,784.00 $ 11,784.00 Accessible Seat and (1) Swing Along Seat 1.0 Playworld 3.5" 2-Bay Arch Swingset with (4) Tot Swing Seats $ 7,642.00 $ 7,642.00 1.0 PW 0187 Playworld Unity Large Canopy $ 13,311.00 $ 13,311.00 12.0 PW 0038 Playworld Wear Mats 3'x3'x1-1/2" for high use areas $ 306.92 $ 3,683.00 Playground Surfacing 4 ,000.0 Partial PIP option: 11,00 sq ft of EWF at 12" compacted depth over fabric $ 8.38 $ 117,319.00 and 3,000 sq ft at 3.5" for 8' FH over compacted roadbase. Moblization discount $- 2,250.00 1.0 NOTE2: Site security includes snow fence only. Chain link available at additional cost. Q11038H Sep 8, 2022 Project: Eagle County 3289 Cooley Mesa Road Building A Gypsum, CO 81637 TOTAL $ 591,698.00 Sales Tax Subtotal $ 591,698.00 Proposed For/Bill To: Freedom Park 0450 Miller Ranch Roa Edwards, CO 81632 970-328-8881 Eagle County Contact Name EmailPhone Addie L. Berube Ron Siebert Cust ID: 1 addie@starplaygrounds.com ron.seibert@eaglecounty.us Star Playgrounds 9892 Titan Park Circle, Unit 1, Littleton, CO 80125 Office: 303.791.7626 www.starplaygrounds.com Page: Quote Number: Quote Date: Sales Rep: Playground Equipment * Site Furnishings * Shade Structures * Surfacing See Terms & Conditions on last page QUOTATIONDocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 Purchase Terms • Prices are valid for 30 days unless otherwise indicated. • Unless specifically listed, pricing does not include taxes, prevailing wages, payment/performance bonds, permits, 3rd party audits or private locates. • Any applicable taxes or fees will be added to the final invoice unless a tax- exempt certificate is provided. • A 50% deposit required at time of order unless expressly waived by Star Playgrounds. • Orders under $1,000.00 require payment in full to initiate. • Balances are due 30 days from date of final completion, or ship date for direct ship orders. • Late fees/interest at the rate of 18% per annum (1.5% monthly), will be charged on all accounts 60 days past due. • Pricing is CASH pricing and includes a 3.5% discount. Use of a credit card, or other non-cash basis of payment will remove this discount. • Pricing quoted is based on our standard insurance certificate. If additional coverages are required, pricing subject to change. • A 25% restocking fee, plus any return freight charges apply to orders canceled more than 5 business days from date on page one. • Customer agrees to pay all costs incurred in the collection of this account, including accrued interest, and all fees and costs of collection, with or without suit, including reasonable attorney’s fees and other costs. Delivery • Pricing does not include unloading, inventory, or storage of equipment prior to installation unless noted. • After 90 days, a storage fee equal to the trailer storage costs plus $350 per month will be assessed for all equipment stored. • Stored equipment or delayed deliveries do not excuse the customer from its obligation to pay under the same terms as the original delivery/ installation schedule. Lead Times • During these challenging times and due to issues beyond our control, we are facing longer lead times than usual. Ship dates change continuously. Please contact your sales rep for current estimated lead times. • Star Playgrounds will not be responsible for changes in lead times and will not accept responsibility for damages due to project delays out of their control. Installation • Installation is not included unless expressly noted. It is the customer’s responsibility to assemble, install and use the products safely and in accordance with the manufacturer’s instructions unless expressly agreed otherwise by Star Playgrounds. Customer is responsible for unloading and verifying that the shipment is in complete and good condition if we are not providing installation. Star Playgrounds is not responsible for any shipping damages if they are not noted to the trucking company at the time of delivery. Damaged/short shipments must be reported within 24 hours. Lift-gates are not guaranteed, even if requested and drivers are not required to help unload. • Pricing excludes turf protection/reparation unless otherwise noted. • Owner is responsible for providing water, power and direct truck access to site for installation. Failure to properly prepare the site by the scheduled date of installation will result in liquidated damages of $250 per day. • Skidsteers and heavy equipment can leave marks on concrete during installation, unloading or tear out. Star Playgrounds will sweep/clean upon completion but is not responsible for repairs. Some marks may remain visible but will fade over time. • TRAFFIC CONTROL Any traffic control that is needed for a project is the customer’s responsibility. • SITE PREPARATION Pricing excludes all site preparation, including but not limited to: grading, excavation, curbing, ramps and drainage unless otherwise noted. If customer is preparing site, pricing assumes that site has been prepared to the proper depth, and that grade/slope does not exceed 1-2% in any direction. • ROCK Pricing is based on normal soil conditions. In the event that soil, or rock conditions interfere with normal installation time and procedures, additional fees and change orders may apply. Should the situation arise, problems & solutions will be discussed with the customer prior to incurring any additional costs. • LANDSCAPING/IRRIGATION/UTILITY Star Playgrounds will obtain main utility locates from 811. Owner is responsible for locating private and all other utilities, irrigation and drainage system components. Please turn off sprinkler systems one week prior to installation to avoid site damage due to wet ground. Customer agrees that Star Playgrounds, its employees and/or subcontractors are not liable for any damage done to any type of underground utilities, including but not limited to sewer, electrical, telecommunications, or landscaping sprinkler lines/ heads on the site chosen by the customer. The customer further agrees that without properly marked utility and irrigation lines, the customer shall be responsible for costs incurred to repair any damages, all costs for medical treatment in the event of injury, and any related costs due to delay in the project. In the unlikely event that Star Playgrounds damages any utilities, we will help facilitate repair, but will not be solely responsible for any repair costs or held liable for project delays. Shade • Footers and required fasteners are included unless otherwise noted. • Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded unless otherwise noted. • Electrical, other cutouts and ornamentation are not included unless noted. • Sealed Engineered Drawings and Calcs are version Colorado IBC 2018 unless otherwise noted. • Local code requirements are not the responsibility of Star Playgrounds. • Star Playgrounds will install shade in accordance with the customer’s requests. This includes location and height. Note, when determining the location for your shade sail, it is important to keep in mind the movement of the sun across the sky throughout the day. The shade shadow will, of course, move as the sun moves. Star Playgrounds will not move/rotate shade at no cost if desired shadow is not achieved on initial installation. • Manufacturer recommends removing shade fabric in the winter months. Surfacing/Drainage • Customer is responsible for identifying drainage issues before installation. • Star Playgrounds is not responsible for drainage issues caused by extraordinary weather, natural settling or uncontrollable circumstances. • CONCRETE Concrete forms can leave voids after removal. Gaps between old and new concrete may also occur. Concrete will be poured when weather is appropriate, but we are not responsible for acts of God. Cracking is typical and does not affect the integrity of the concrete. • POURED-IN-PLACE (PIP) Some colors of PIP surfacing are subject to “ambering”. Ask your sales rep if your color choice is included. Due to our climate, perimeter gaps and graphic seams are typical and do not affect the integrity of the surfacing and will not be a warranty issue. • TURF Turf will be installed to manufacturer’s specifications, however occasionally seams may be visible. This does not affect the integrity of the surfacing and will not be a warranty issue. General Terms • Site security includes orange temporary (snow) fence only. Chain link available at additional cost. • Multiple phases/mobilizations are not included unless noted. This includes installing shade fabrics. • Prices are inclusive of all components listed. If additions/subtractions are made, prices may change. • Renderings, color choices and custom items are conceptional only and delivered/installed product may vary. Contact your sales rep named on page one for questions, clarifications or details on any of these Terms & Conditions. All Quotations and Sales Orders will be subject to the following terms and conditions. Your signature on page one indicates acceptance of these terms. TERMS & CONDITIONS DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD STARP-1 OP ID: RCL 07/08/2022 Bill Hodgkins Cooper Insurance Service, Inc Playground Book P.O. Box 638 Lapel, IN 46051 Bill Hodgkins 765-534-3152 765-534-2067 BILLH@COOPERINDIANA.COM Cincinnati Specialty Un Ins Co Cincinnati Indemnity Company Star Playgrounds Just Be You, Inc. dba 9892 Titan Park Circle Littleton, CO 80125 A X 1,000,000 X X CSU0148960 04/01/2022 04/01/2023 100,000 5,000 1,000,000 3,000,000 X 3,000,000 1,000,000B X X EBA0656549 06/09/2022 06/09/2023 X X X 2,000,000 X A CSU0185750 04/01/2022 04/01/2023 2,000,000 XB EWC0656550 06/09/2022 06/09/2023 1,000,000 1,000,000 1,000,000 A CSU0148960 04/01/2022 04/01/2023 Occur.1,000,000 (Professional)Agg.3,000,000 Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds for general liability and auto liability per forms CSGA 437 1213 and AA 288 0602, respectively (attached). EAGLECO Eagle County 3289 Cooley Mesa Road Gypsum, CO 81637 765-534-3152 13037 Errors & Omissions B EXHIBIT DocuSign Envelope ID: 57D69101-AE64-4EE3-94E6-AB5BF302BCF7