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23-201
Resolution No. 23-201 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH PLAYCORE WISCONSIN, INC. D/B/A GAMETIME FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR THE JACK COOK PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Playcore Wisconsin, Inc. d/b/a GameTime, for the purchase of playground equipment for the Jack Cook Park, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 25, 2023 Adopted: October 25, 2023 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 25th day of October 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Playcore Wisconsin, Inc., d/b/a GameTime, an Wisconsin corporation authorized to do business in the State of Illinois, (hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to the City as described in the seven (7) page quote, dated October 18, 2023, Quote No. 163382-01-07, and including the Certificate of Grant Award to the City in the amount of $91,938.00, all attached hereto and made a part hereof as Attachment A, and as provided by the OMNIA Partners Purchasing Cooperative #2017001134, incorporated herein by reference (the "OMNIA Agreement"). 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof and the OMNIA Agreement. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the OMNIA Agreement, or any portion thereof, the terms and provisions of this Agreement shall supersede and control. In the event of any conflict between Attachment A and the OMNIA Agreement, Attachment A shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to GameTime c/o Cunningham Recreation, P.O. Box 240981, Charlotte, NC 28224 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a written instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Five Hundred Twenty -Five Thousand Five Hundred Sixty -Nine Dollars and 03/100 ($525,569.03) (the "Total Cost") to Seller under this Agreement. City shall pay a deposit in the amount of One Hundred Two Thousand Seven Hundred Eight -Eight Dollars and 00/100 ($102,788.00) of the Total Cost upon the City's execution of this Agreement. City shall pay the balance of the Total Cost, in the amount of Four Hundred Twenty -Two Thousand Seven Hundred Eighty -One Dollars and 03/100 ($422,781.03), within thirty (30) days of delivery or City's receipt of invoice, whichever is later. The aforementioned Total Cost is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of, but only to the extent arising from, the negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel reasonably acceptable to the City. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a 2 particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time -barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. PLAYCORE WISCONSIN, INC. D/B/A CITY OF ELGIN GAMETIME Clint Whiteside Print Name Signature Director of Sales Administration Title Richard G. Kozal,—City ana Attest: Legal Dept\Agreement\Playcore-GameTime-Purchase Agr-Jack Cook Park Playground-10-24-23.docx 3 rAtarrmeTimej • i-'L .YCoRE c...n..„ City of Elgin Attn: Greg Hulke 4600 Plank Rd. Elgin, IL 60124 Phone: 847-931-6038 Fax:847-931-5997 hulke_g@cityofelgin.org GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 ATTACHMENT A 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant 10/18/2023 Quote # 163382-01-07 Ship to Zip 60124 Quantity Part # Description Unit Price Amount 1 RDU GameTime - Modular PowerScape Ramped Unit for Ages 5-12 [Accent: 1 [Basic: [Deck: Pvc: 1 [Roof. [Accent2: 1 [RotoPlastic: 1 [2ColorHDPE: 1 [Cabling: 1 [Fabricl: 1 [HDPE: 1 [Arch: 1 (1) 4957 — Bubble Mirror $216,610.00 $216,610.00 (1) 4959 — Maze Wheel (2) 4962 -- Echo Chamber (2) 16465 — Slide Transfer (Ada) (1) 16700 — Ada49"Sq Punch Steel Deck (1) 16701 — Ada 49"Tri Punch Steel Dk (2) 16806 — Ada 6"Stepped Platform (2) 80000 — 49" Sq Punched Steel Deck (2) 80001 — 49"Tri Punched Steel Deck (1) 80183 — Sail Roof Extensions (3) 80198 — Conifer Post Topper (2) 80687 -- Handhold/Kick Plate Pkg (1) 80931 — Single Gizmo Panel (1) 80932 — Gizmo Panel Ada - 3 Gizmos Bel Dk (1) 81669 — Hand Cycler (2) 81766 — Leaf Seat (1) 90004 — Two Piece Hex Deck (3) 90005 — Two Piece Hex Deck, Ada Ramp Access (1) 90149 — 5'-6"/6' Corner Vine Climber Reverse (1) 90151 — 5'/6' Double Vine Climber (1) 90160 — 375' Web Tail (1) 90179 — Ada Crow'S Nest W/Solid Steer Wheel (2) 90266 — 8' Upright, Alum (1) 90267 — 9' Upright, Alum Page 1 of 6 GameTime i• ciaei_ GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant 10/18/2023 Quote # 163382-01-07 Quantity Part # Description Unit Price Amount (2) 90269 — 11' Upright, Alum (12) 90270 -- 12' Upright, Alum (1) 90271 — 13' Upright, Alum (1) 90272 — 14' Upright, Alum (2) 90273 — 15' Upright, Alum (1) 90508 -- 4' Double Zip Slide, Std Dk (1) 90510 -- 6' Dueling Wave Zip Slide, Std Dk (1) 90579 -- Double Swerve Slide (1) 90713 — Frog Slide Puzzle -Gadget Pnl Above Dk (1) 90768 — 6' Wildertube Quick'L' Reverse (1) 153655 — 30 Deg Elbow Sec 30" Dia (1) 153844 — 90 Deg Elbow Sec 30" Dia (1) 160682 — Tube Support 81 13/16"Lg (1) 203582 — Tube Entrance Section (1) 205962 -- Straight Section (1) 205963 — Curved Left Section (1) 206179 — Exit Section (1) 207772 — Wilder Tube Section (1) 208853 — Footbuck 28 3/8"Lg (1) 208857 -- Hdw-Wldertube Quick "S" (1) 90792 — Sloped Funnel Climber Timbers(Dbl) (2) 90855 -- Hexagonal Shade Canopy (1) 91041 — Ramp (3D) 2'-6" & 3'-0" (1) 91057 -- Ramp Link (3D) 3'-6" & 4'-0" (1) 91058 — Ramp Link (3D) 4'-6" & 5'-0" (5) 91149 -- Enclosure - Timbers (Above Deck) (2) 91150 -- Entryway - Timbers (3) 91151 — Climber Entryway - Timbers (1) 91163 -- Climber Offset Archway - Timbers (1) 91178 -- 3' 0" Transfer Platform - Timbers (1) 91245 -- 3'6" - 5'0" Leaf Scramble Up (1) 91333 -- Climber Offset Entryway (Timbers) (1) 91336 -- Timbers Enclosure W/ Molded Steering W (1) 91340 -- Timbers Enclosure W/ Thunderring (Abov (1) 91563 -- Flower Spinner Half Panel (1) 91573 -- Imagination Panel (1) 91608 -- 15' Sunblox Umbrella Canopy Page 2 of 6 (Gmi11mc) GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant 10/18/2023 Quote # 163382-01-07 Quantity Part # Description Unit Price Amount (4) G90262 — 4' Upright, Galv (1) G90267 — 9' Upright, Galv (8) G90270 — 12' Upright, Galv (4) G90271 — 13' Upright, Galv (1) G90272 — 14' Upright, Galv (1) G90273 — 15' Upright, Galv 1 7025 GameTime - Frog 1 91284 GameTime - Three Stump Climber 1 RDU GameTime - Two Bay PrimeTime Swings [Basic: 1 [RotoPlastic: 1 (1) 5128 — Expression Swing 3 1/2" X 8' (1) 8558 — 3 1/2" Zero-G Chair (5-12)-Gale Chain (1) 8696 — Encl Seat 3 1/2"(8696) (1) 8910 — Belt Seat 3 1/2"Od(8910) (1) 12583 — Ada Primetime Swing Frame, 3 1/2" Od (1) 12584 — Ada Primetime Swing Aab, 3 1/2" Od 1 6245 GameTime - RoxAll See Saw $12,687.00 $12,687.00 [Accent: 1 [Basic: 1 [Roto Plastic: 1 1 38009 GameTime - Spinning Leaf Seat (Straight) $1,062.00 $1,062.00 [Accent: 1 [Roto Plastic: 1 1 6238 GameTime - Shadow Play Flower $6,883.00 $6,883.00 [Basic: 1 38000 GameTime - The Dragonfly $7,274.00 $7,274.00 [2 Color HDPE: ) [Basic: 1(Roto Plastic: 1 1 GFRC252 Landmark Design GFRC - Cozy Cottage $333,000.00 $333,000.00 1 3929SP GameTime - Clubhouse Enclosure with Scope- $3,180.00 $3,180.00 Custom panel associated with Cozy Cottage 1 178749 GameTime - Owner's Kit $84.00 $84.00 $10,652.00 $10,652.00 $6,558.00 $6,558.00 $6,338.00 $6,338.00 Page 3 of 6 (GameTime) GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant 10/18/2023 Quote # 163382-01-07 Quantity Part # Description Unit Price Amount 1 2023 GT- MISC - 2023 Matching Funds Grant - Grant Grant Rules and Limitations: To qualify for up to 100% matching grant, list price of the qualifying playground system must exceed $75,000, and payment in full must accompany your order. For play systems with a list price of less than $75,000 and greater than $25,000 with payment in full, GameTime playground grants are available with matching funds up to 90%. For play systems that exceed $25,000, and purchased with credit terms, matching funds are available up to 65%. Matching funds are subject to rounding rules and may vary based on qualified purchase. No other offer, discount, or special programs can be used with this grant program. This special matching fund offer applies to PowerScape®, PrimeTime®, Xscape®, IONiX®, Modern City®, and The Stadium®systems only. THRIVE (up to $15,000) and Challenge Course (up to $50,000) are also eligible for funding from GameTime. VistaRope, freestanding net structures, TuffForms, Landmark Design, GTSymphony freestanding, other freestanding play products, and Play On! non -system events are not eligible for funding. All applications must be validated by the project administrator by October 20, 2023. GameTime reserves the right to decline any application for a GameTime grant. GameTime will accept grant orders until October 27,2023, or until eligible funds are disbursed, whichever comes first. Customer must be able to receive order by December 31, 2023, subject to transportation availability. GameTime reserves the right to terminate this offer at any time without notice. GameTime playground grants can only be applied to additional GameTime purchases and only in conjunction with the original purchase. Standard policies and warranties as listed in the 2023 GameTime Playground Design Guide apply. Freight and applicable sales tax are extra and not included. Contract: OMNIA #2017001134 Sub Total $604,328.00 Discount ($91,938.97) Freight $13,180.00 Total $525,569.03 Comments *MATERIALS ONLY: Quotation does not include any site work, off-loading, storage, safety surfacing, or installation. *Taxes, if applicable, will be applied at the time of invoice. Please provide a copy of your tax exempt certificate to avoid the addition of taxes. *A deposit of $102,788 will be required for the GFRC Cozy Cottage when placing the order. Page 4 of 6 GameTime c/o Cunningham Recreation 10/18/2023 PO Box 240981 Quote # ��?a/i7�Time Charlotte, NC 28224 163382-01-07 800.438.2780 I ' COr2L 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant GAMETIME - TERMS & CONDITIONS: • PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. • TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre -payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted (If you elect to pay by credit card, GameTime charges a 2.50% 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.). Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. Any order exceeding $300,000 will require progress payments during the course of completion. • CREDIT APPLICATION: Required for all non-govemmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. • FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. • CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash -with -order (CWO) discount. • ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. • FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. • SHIPMENT: Standard Lead time is 10-12 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. • PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. • RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. • RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring retumed goods to merchantable condition. Uprights & custom products cannot be returned. • TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. SUPPLY ONLY: • All items are quoted supply only. • Installation services are not included. • Customer is responsible for coordinating delivery, receipt, unloading, and inventory equipment. • Missing or damaged equipment must be reported within 60 days of delivery. Page 5 of 6 ,'L.aiCORE� GameTime c/o Cunningham Recreation 10/18/2023 PO Box 240981 Quote # Charlotte, NC 28224 163382-01-07 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): Title: Telephone: Fax: P.O. Number: Date: Purchase Amount: $525,569.03 SALES TAX EXEMPTION CERTIFICATE #: (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature Customer Signature BILLING INFORMATION: Bill to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail: SHIPPING INFORMATION: Ship to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail: Page 6 of 6 to a GameTime Community Champions - Playground Grant Funding Award of Funds must be claimed, and orders must be received no later than October 27, 2023, and must accompany a qualifying play system purchase. Award may not be combined with any other order or special offer. Other terms and conditions apply. Contact your local GameTime representative at 800-235-2440 for complete details about this grant award. S. Spencer Cheak President, GameTime ATTACHMENT B STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG Contract#: 2017001134 Amendment#: 14 Vendor#: 121531 FOURTEENTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES THIS FOURTEENTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "Fourteenth Amendment") is made and entered into this 10 of July 2023, by and between Playcore Wisconsin, Inc., dba GameTime an Alabama corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte. B. The parties amended the Contract on January 1, 2018, to incorporate unit price adjustments and freight rate adjustments. C. The parties amended the Contract on July 1, 2018, to incorporate unit price adjustments due to tariffs on steel and aluminum. D. The parties amended the Contract on September 1. 2018. to uicoiporate federal contract terms and conditions. E. The parties amended the Contract on January 1, 2019, to incorporate unit price adjustments and freight rate adjustments. F. The parties amended the Contract on April 1, 2019, to incorporate new products and pricing. G. The parties amended the Contract on January 1, 2020, to incorporate unit price adjustments and freight rate adjustments. H. The parties amended the Contract on January 1, 2021. to incorporate new products. unit price adjustments, and freight rate adjustments. I. The parties amended the Contract on March 16, 2021, to incorporate a. material surcharge. J. The parties amended the Contract on May 17, 2021, to incorporate all material surcharge. K. The parties amended the Contract on July 14, 2021, to incorporate a ■ material surcharge. L. The parties amended the Contract on December 1, 2021, to add new Products and Services and to incorporate the 2022 Master Price List and Freight Rate Schedule. PLAYCORE WISCONSIN, INC. DBA GAMETIME AMENDMENT FOURTEEN Contract#: 2017001134 Amendment#: 14 Vendor#: 121531 M. The parties amended the Contract on July 1, 2022, to extend the Term of the Contract by the first of two (2) two-year renewal terms and to incorporate certain other changes. N. The parties amended the Contract on December 5, 2022, to add new Products and Services and to incorporate the 2023 Master Price List and Freight Rate Schedule, the 2022 Network of Distributors, and incorporate certain other changes. O. The parties now desire to extend the Term of the Contract by the second of two (2) two-year renewal terms and to incorporate certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: AGREEMENT 1. The terms of the Contract are restated by and incorporated into this Fourteenth Amendment by reference. 2. Defined terms used in this Fourteenth Amendment shall have the same meaning as are assigned to such terms in the Contract. 3. This fourteenth Amendment extends the term of the Contract by the second of two (2) two-year renewal terms to June 30, 2026. 4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] PLAYCORE WISCONSIN, INC. DBA GAMETIME AMENDMENT FOURTEEN Contract#: 2017001134 Amendment#: 14 Vendor#: 121531 IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Fourteenth Amendment to be executed as of the date first written above. PLAYCORE WISCONSIN INC. CITY OF CHARLOTTE: DBA GAMETIME: CITY MANAGER'S OFFICE BY: (Signature) PRINT NAME: Clint Whiteside TITLE: Director of Sales DATE: 6/27/2023 PLAYCORE WISCONSIN, INC. DBA GAMETIME AMENDMENT FOURTEEN BY: See Attachment Below (Signature) PRINT NAME: TITLE: DATE: ((b) CITY OF CHARLOTTE Digital Contract Routing Form Non -Encumbered Date Submitted: July 10, 2023 Submitted by: Angelica Wetherell Contract #: 2017001134 Submitter email: angelica.wtherell@charlottenc.gov Amendment #:14 Contract Name: Playground Equipment, Site Accessories, Surfacing, and Related Products and Services Vendor Legal Name: Playcore Wisconsin, Inc. dba GameTime Vendor#:121531 REQUIRED ATTACHMENT(S): Use the Paperclip icon to attach a full Contract Document Routing Packet for review by the authorized City individual with signature authority. The Routing Packet MUST include all required components per the direction provided at: The following signatures, once completed, shall be incorporated by reference into the contractual document identified above. City of Charlotte Lodz alai r CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 06/28/2023 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 If SUBROGATION IS WAIVED, this certificate does not confer holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on ri hts to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH USA, LLC. Two Alliance Center 3560 Lenox Road, Suite 2400 Atlanta, GA 30326 Attn: Allanla.CertRequest@marsh.com ! Fax: 212.948-4321 CN102326389-CAS-GAUWX-22-23 INSURED Playcore Wisconsin, Inc. dba GameTirne 150 Playcore Ddve SE Fort Payne, AL 35967 COVERAGES CERTIFICATE NUMBER: CONTACT Brenda Young -Epps (Ale No Ex0 (404) 995 3074 E-MAIL d Brena. oun e AOnarss; Y II Pps�O)marsh.com INSURER(S)AFFORDING COVERAGE INSURER A : Evanston Insurance Compy INSURER B : Indemnity Ins Co Of North America INSURER C: ACE Property And Casually Ins Co INSURER D : ACE American Insurance Company INSURER E : National Union Fire Ins Co. of Piltsbuyn PA INSURER F Fi = ndenvdlers nsurance Corn. n ATL-004719473-23 FAX (Ate, Nol; REVISION NUMBER: 7 NAIL f! 35378 43575 20699 22667 19445 20702 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, INSR TR TYPE OF INSURANCE AUDL INSD SU WVD -- POLICY NUMBER POLICY EFF IMMIDD/YYYY) POLICY EXP (MM!DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X MKLV2PBC001627 08,0112022 08/0112023 EACH OCCURRENCE -RENTED $ 2,000,000 CLAIMS -MADE 1 X I OCCUR i)AMAGL TO PREMISES (Es oscurrsncs1 $ 103,000 X SIR $250,000 Per OCC, MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 LIU JECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000 ^-.1POLICY OTHER: POLICY AGGREGATE $ 10,000,000 B AUTOMOBILE LIABILITY CAL H10690110 08101/2022 08;61/7023 COMBINFD SINGLE LIMIT 1Ee occident) $ 1,000,000 _ X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIREDAUTOS ONLY AUTOS NON -OWNED f'pj pcclde l $ Comp./Col. Ded.: $1,000 $ C X UMBRELLALIAB X OCCUR XEUG71549501004 08101/2022 06101/2023 EACH OCCURRENCE $ 10,000,000 EXCESS LIAO ry CLAIMS -MADE RETENTION Umb Catastrophe $25,000 AGGREGATE $ 10,000,000 DED X RETENTON$0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WLRC50669828 08101/2022 00./01/2023 x PERN- STATUTEER D ANYPROPRIETOR/PARTNERIEXECUTIVE Y / N N SCF C50669786 08101/2022 08101/2023 El. EACH ACCIDENT $ 1,000,000 F OFFICER/MEMBEREXCLUDED? (Mandatory In NH) NIA SCF C50669713 08101/2022 08/0112023 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If Yes, describe under DESCRIPTION OF OPERATIONS below (See Additional Page.) E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Excess Umbrella 021908174 08/01/2022 08/01/2023 Each Occurrence Aggregate 15,000,000 15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached I1 more apace le required) RE: Contract 2017001134-14: Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services City of Charlotte, its officers, officials, agenls, and employees are listed as additional Insured with respect to general liability as their interests may appear, during and until completion of the referenced project, on a primary and non-contributory basis via CG 2010 04/13, when required by written contract. A Waiver of Subrogation applies in favor of the additional insured on the Workers Compensation policy where required by wrillen contract CERTIFICATE HOLDER CANCELLATION City of Charlotte 600 East Fourth Street Charlotte, NC 28202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC Co 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACCR/-3" AGENCY CUSTOMER ID: CN102326389 LOC #: Atlanta ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MARS} I USA, LLC. POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Playcoro Wisconsin, Inc. dba GamoTlnno 150 PlayCore Drive SE Fort Payne,AI 35967 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): WI Ft C50669828 • AL,AZ,CA,CO,FL,GA,IL,IN,KY,MI,MN,MO,NV,NY,OH,OR,PA,SC,TN,TX,UT,VA SCF C50669786 • CA,CO,FL,GA,IL,IN,MI,MN,MO,MT,NC,NM,NV,NY,OK,OR,PA,SC,TN,TX SCF C50669713 Wisconsin (WI) ACORD 101 (2008/01) CO 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EFFECTIVE; AUGUST 1, 2022 EXPIRES: AUGUST 1, 2023 POLICY NUMBER: MKLV2PBC001627 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) As required by written contract executed by both parties prior to loss Locations) Of Covered Operations All locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CG20100413 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or © Insurance Services Office, Inc., 2012 Page 1 of 2 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2 CG20100413 Contract No. 2017001134 Vendor No. 121531 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG CONTRACT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES This Contract (the "Contract") is entered into as of this 1st day of July 2017 (the "Effective Date"), by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). RECITALS WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services dated January 25, 2017. This Request for Proposals together with all attachments and addenda, is referred to herein as the "RFP"; and WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March 16, 2017. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the "Proposal" and is incorporated into this Contract by reference. WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services to the City all in accordance with the terms and conditions set forth herein. WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies. The City is acting as the "Contracting Agent" for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such Participating Public Agency's access to the Contract. Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows: 1 Contract No. 2017001134 Vendor No. 121531 CONTRACT 1. EXHIBITS. The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to GameTime in the Exhibits and Appendices shall be deemed to mean the Company. EXHIBIT A: Discount Schedule, Price Lists, and Incentives EXHIBIT B: Installation Fees EXHIBIT C: National Network of Distributors and Installers EXHIBIT D: Freight Rate Schedules EXHIBIT E: Product Warranties EXHIBIT F: Scope of Work EXHIBIT G: U.S. Communities Administrative Agreement 2. DEFINITIONS. As used in this Contract, the following terms shall have the meanings set forth below: Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in this Contract. Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services. Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms. Charlotte Business Refers to the Charlotte Business Inclusion office of the City Inclusion (CBI): of Charlotte. Charlotte Combined Refers to the Charlotte -Gastonia -Salisbury Combined Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine eligibility to participate in the program. City: Refers to the City of Charlotte, North Carolina. Company: Refers to a company that has been selected by the City to provide the Products and Services of this Contract. Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Contract. Contract: Refers to a written agreement executed by the City and Company for all or part of the Services. 2 Deliverables: Contract No. 2017001134 Vendor No. 121531 Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract. Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams. Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with competing Products that serves the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product. Lead Public Agency: Refers to the City of Charlotte, North Carolina. Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the competitive solicitation and selection process, wherein Participating Public Agencies may utilize the agreement to purchase Products and Services. Minority Business Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (b) is at least fifty-one percent (51 %) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American or American Indian; and (c) is headquartered in the Charlotte Combined Statistical Area. MWSBE: Refers to SBEs, MBEs and WBEs, collectively. Participating Public Agency: Products: Services: Refers to all states, local governments, school districts, and higher education institutions in the United States of American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement. Refers to all Products that the Company agrees to provide to the City as part this Contract. Refers to the Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this RFP. 3 Specifications and Requirements: Contract No. 2017001134 Vendor No. 121531 Refers to all definitions, descriptions, requirements, criteria, warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in: (i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services. 3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two (2) additional two-year terms. This Contract may be extended only by a written amendment to the contract signed by both parties. 4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES. 4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth Exhibit A, the prices set forth in Exhibit A constitute all charges payable by the City for the Products and Services, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City's facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City. 4.2 Placement of Orders: All orders will be placed by personnel designated by the City on an as needed basis for the quantity required at the time during the term of the Contract. 5. OPTIONAL PRODUCTS AND SERVICES: The City may in its discretion purchase from the Company optional Products and Services beyond what is called for in the Specifications, provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided the City is authorized by law to make such purchases without a formal bid process. 6. DOCUMENTATION: the Company will provide for all products purchased under this contract written or electronic documentation that is complete and accurate, and sufficient to enable City employees with ordinary skills and experience to utilize such products for the purpose for which the City is acquiring them. 7. COMPENSATION. The City shall pay the company for the products and services delivered in compliance with the specifications at the prices set forth in Exhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be increased except by a written amendment duly executed by both parties in compliance with the price adjustment provisions set forth in Exhibit c. The company shall not be entitled to charge the City any prices, fees or other amounts that are not listed in Exhibit A. 8. PRICE ADJUSTMENT. 4 Contract No. 2017001134 Vendor No. 121531 8.1 The price(s) stated in this Contract shall remain firm through December 31, 2017. Company may request price increases in writing, in accordance with the following terms: 8.1.1 Price increases shall only be allowed when justified in the City's sole discretion based on legitimate, bona fide increases in the cost of materials. No adjustment shall be made to compensate the Company for inefficiency in operation, increase in labor costs, or for additional profit. 8.1.2 To obtain approval for a price increase, the Company shall submit a written request at least sixty (60) days prior to each calendar year during the term of the contract. All requests must be submitted to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally proposed. City of Charlotte M&FS Finance Office / Procurement Management 600 East Fourth Street Charlotte, NC 28202 8.1.3 No proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the City's sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract. 8.1.4 If the City approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that the City's reasons for granting the increase longer apply. 8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices. 8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly will send the City a proposed revised version of Exhibit A. The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added may be subject to bid statute requirements. The City may also delete radio and communication equipment items included in this Contract if items are no longer needed or no longer issued as part of radios and communication equipment. At no additional cost to the City, the Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City's operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order. 5 Contract No. 2017001134 Vendor No. 121531 9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (1) copy only of each invoice using one of the following options: Option 1 — E-mail one copy of each invoice to cocap@charlottenc.gov . Company shall not mail invoices that have been sent via e-mail. Option 2 — Mail one copy of each invoice to: City of Charlotte Accounts Payable PO Box 37979 Charlotte, NC 28237-7979 Attn: (Insert Department) The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods. Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax. 10. CONTRACT MONITORING: The City shall have the right to audit the Company's compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of non- compliance. 11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications. 12. AUDIT: During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company's compliance with the terms and conditions of the Contract or the City's payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit. 13. GENERAL WARRANTIES. Company represents and warrants that: 13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Alabama, and is qualified to do business in North Carolina; 13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract; 13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company; 6 Contract No. 2017001134 Vendor No. 121531 13.4 No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract; 13.5 In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and 13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract. 14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents warrants and covenants that: 14.1 The Products and Services shall comply with all requirements set forth in this Contract, including but not limited to the attached Exhibits; 14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge; 14.3 Neither the Services, nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and 14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the products and services delivered hereunder, including but not limited to E-Verify, and shall obtain all applicable verifications, permits, and licenses. 15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits, and comply with all federal, state and local laws, regulations and ordinances. 16. DELIVERY TIME: When delivery time is requested in the RFP, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence. The Company's Bid shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available at law or in equity. 17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By "new", the City means that the item has been recently produced and has not been previously sold or used. Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Contract. 7 Contract No. 2017001134 Vendor No. 121531 18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services shall meet the Specifications set forth in Section 4 of the RFP. 19. INSPECTION AT COMPANY'S SITE: The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days' notice to the Company (except that a store may be inspected at any time during regular store hours without notice). 20. PREPARATION FOR DELIVERY: 20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assure that all the materials arrive at the correct destination in an undamaged condition ready for their intended use. 20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc). 20.3 Shipping. The Company shall follow all shipping instructions included in the ITB, the City's purchase order or in the Contract. 21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products delivered under this Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company's expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of products upon written notice to the Company. The remedies stated in this Section are in addition to and without limitation of any other remedies that the City may have under the Contract, at law or in equity. 22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally guarantees the materials and workmanship on all Products and Services. If, within the guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City to ensure the least impact to the operation of City business. 23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and encumbrances. 24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City. 8 Contract No. 2017001134 Vendor No. 121531 25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the Contract or the Company's response to the ITB, the City may take any of the following actions with or without terminating the Contract, and in addition to and without limiting any other remedies it may have: (A) Employ such means as it may deem advisable and appropriate to obtain the applicable Products and/or Services (or reasonable substitutes) from a third party; and (B) Recover from the Company the difference between what the City paid for such Products and/or Services on the open market and the price of such Products and/or Services under the Contract or the Company's response to the ITB. 26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the Contract the City shall have the right to withhold all payments due to the Company until such breach has been fully cured. 27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy. 28. TERMINATION. 29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty (180) days written notice to the City. 29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: 29.2.1 The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non -defaulting party; or 29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or 29.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party's assets or properties. Any notice of default pursuant to this Section shall identify and state the party's intent to terminate this Contract if the default is not cured within the specified period. 9 Contract No. 2017001134 Vendor No. 121531 29.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed): 29.3.1 The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company's Bid, or any covenant, agreement, obligation, term or condition contained in this Contract; or 29.3.2 The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract. 29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company. 29.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refund to the City all pre -paid sums for Products or Services that have been cancelled and will not be delivered. 29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of Products or Services or any warranties or repossess, disable or render unusable any Software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise. 29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City. 29.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products, Services, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited to: 29.8.1 Working with the City to jointly develop a mutually agreed upon transition services plan to facilitate the termination of the Services; and 10 Contract No. 2017001134 Vendor No. 121531 29.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities; 29.8.3 Performing the transition service plan activities; 29.8.4 Answering questions regarding the products and services on an as -needed basis; and 29.8.5 Providing such other reasonable services needed to effectuate an orderly transition to a new system. 29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the Company for any damages arising from delay, whether caused by the City or not. 30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City's best interest. 31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co -owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract. 32. INDEMNIFICATION: To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the "Indemnitees" (as defined below) from and against any and all "Charges" (as defined below) paid or incurred any of them as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Work or any Products or deliverables provided to the City pursuant to this Contract ("Infringement Claims"); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; or (iii) arising from the Company's failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E-Verify or other immigration laws); or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker's compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term "Indemnitees" means the City and each of the City's officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term "Charges" means any and all losses, damages, costs, expenses (including reasonable attorneys' fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts) or any other legal theory or principle, in connection with an Infringement Claim. This indemnification requirement is not intended to cover, and the Company is not responsible for, any damages that result from lack of maintenance; inadequate supervision; 11 Contract No. 2017001134 Vendor No. 121531 negligence; intentional misconduct of anyone other than the Company, it's subcontractors, or their affiliates; inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or vandalism. It is the intent of any insurance provided by Company to protect the Company and any subcontractor performing work under the Contract for (1) Product liability Claims arising solely from the negligent design or manufacture of the Playground Equipment when such goods and services are provided by the Company, Company's subcontractors, or their affiliates pursuant to this Contract; (2) Claims arising from any act of negligence or wilful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; and (3) Claims relating to worker's compensation for any employee or subcontractor of the Company; This clarifies and supersedes any other section of the Contract concerning indemnification that could be interpreted otherwise. 33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in the event the Company fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the Company. The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina: (A) Automobile Liability: Bodily injury and property damage liability covering all owned, non -owned, and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate. (B) Commercial General Liability: Bodily injury and property damage liability as shall protect the Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is performed by the Company, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (C) Workers' Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners. The City shall be named as additional insured during and until completion of the work under the commercial general liability insurance for operations or services rendered under 12 Contract No. 2017001134 Vendor No. 121531 this Contract. The Company's insurance shall be primary of any self -funding and/or insurance otherwise carried by the City for all loss or damages arising from the Consultant's operations under this agreement. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees, as defined in Section 5.1. The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved. All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner's Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract. All insurance certificates must include the City of Charlotte's contract number in the description field. The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance. Since the playground and the play equipment will be in the care, custody, and control of the end user following installation, it is understood the Company cannot additionally insure the eventual owners of the equipment for any damages that result from: 1) lack of maintenance for which the Company or its subcontractors are not contractually obligated to perform, where such lack of maintenance is not as a result of instructions or manuals provided by the Company or its subcontractors ; 2) inadequate supervision; 3) Negligence (other than negligence of the Company or its subcontractors); 4) intentional acts of anyone other than the Company, its subcontractors or their affiliates; 5) inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or 6) vandalism. 34. COMMERCIAL NON-DISCRIMINATION. As a condition of entering into this Contract, the Company represents and warrants that it will fully comply with the City's Commercial Non -Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this 13 Contract No. 2017001134 Vendor No. 121531 clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions. As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City's Non -Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy. The Company agrees to provide to the City from time to time on the City's request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time The Company understands and agrees that violation of this Commercial Non - Discrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions. 35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement. City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this agreement. 36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and agents shall, whenever on the City's premises, obey all instructions and directions issued by the City's project manager with respect to work on the City's premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the City's premises. 37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such background checks prior to the personnel commencing work hereunder, whether as part of the Company's standard pre -employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum: a. Criminal records search, b. Identification verification; and c. Proof of authorization to work in the United States. The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question 14 Contract No. 2017001134 Vendor No. 121531 as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract, the Company shall contact the City immediately. 38. DRUG -FREE WORKPLACE. The City is a drug -free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract: 38.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition; 38.2 Establish a drug -free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug -free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations; 38.3 Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction; 38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime; 38.5 Make a good faith effort to continue to maintain a drug -free workplace for employees; and 38.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section. A false certification or the failure to comply with the above drug -free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment. 39. NOTICES. Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective. Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to: For The Company: For The City: Donald R. King Karen Ewing PlayCore Wisconsin, Inc. d/b/a Gametime Procurement Management Division 150 Playcore Drive SE 600 East Fourth Street Fort Payne, Alabama 35967 Charlotte, NC 28202 Phone: 423.648.5891 Phone: 704.336.2992 Fax: 423.648.5903 Fax: 704.632.8254 E-mail: dking@playcore.com E-mail: kewing@charlottenc.gov 15 Contract No. 2017001134 Vendor No. 121531 With Copy To: With Copy To: Cindy White Senior Assistant City Attorney 600 East Fourth Street Charlotte, NC 28202 Phone: 704-336-3012 Fax: 704-336-8854 E-mail: cwhite@ci.charlotte.nc.us All other notices shall be sent to the other party's Project Manager at the most recent address provided in writing by the other party. 40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this Contract without the City's prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary. 41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied: If such failure or delay: A. could not have been prevented by reasonable precaution; B. cannot reasonably be circumvented by the non -performing party through the use of alternate sources, work -around plans, or other means; and C. if, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or court order. An event that satisfies all of the conditions set forth above shall be referred to as a "Force Majeure Event." Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay. Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than fifteen (15) days, the City shall have the right to terminate the Contract by written notice to the Company. Notwithstanding anything contained herein to the contrary, strikes, slow -downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute "Force Majeure Events" and are not excused under this provision. Nothing in the preceding Force Majeure provisions shall relieve the Company of any obligation it may have regarding disaster recovery, whether under the Contract or at law. 42 CONFIDENTIALITY. 16 Contract No. 2017001134 Vendor No. 121531 42.1 DEFINITIONS. As used in this Contract, The term "Confidential Information" shall mean any information, in any medium, whether written, oral or electronic, not generally known in the relevant trade or industry, that is obtained from the City or any of its suppliers, contractors or licensors which falls within any of the following general categories: 42.2 Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures. 42.3 Information of the City or its suppliers, contractors or licensors marked "Confidential" or "Proprietary." 42.4 Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City. 42.5 Information contained in the City's personnel files, as defined by N.C. Gen. Stat. 160A-168. This consists of all information gathered by the City about employees, except for that information which is a matter of public record under North Carolina law. 42.6 Citizen or employee social security numbers collected by the City. 42.7 Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes. 42.8 Local tax records of the City that contains information about a taxpayer's income or receipts. 42.9 Any attorney / client privileged information disclosed by either party. 42.10 Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc. 42.11 The name or address of individual home owners who, based on their income, have received a rehabilitation grant to repair their home. 42.12 Building plans of City -owned buildings or structures, as well as any detailed security plans. 42.13 Billing information of customers compiled and maintained in connection with the City providing utility services 42.14 Other information that is exempt from disclosure under the North Carolina public records laws. Categories 42.1 through 42.13 above constitute "Highly Restricted Information," as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (a) all provisions in this Contract 17 Contract No. 2017001134 Vendor No. 121531 applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information. The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one year prior to the date of this Contract. 43. RESTRICTIONS. Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below: 43.1 Company shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information, except as authorized by the City in writing. 43.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information to any third party, other than an agent, subcontractor or vendor of the City or Company having a need to know such Confidential Information for purpose of performing work contemplated by written agreements between the City and the Company, and who has executed a confidentiality agreement incorporating substantially the form of this the Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to any third party without the City's prior written consent. 43.3 Company shall not use any Confidential Information for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed. 43.4 Company shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information. 43.5 Company shall use reasonable efforts (including but not limited to seeking injunctive relief where reasonably necessary) to prohibit its employees, vendors, agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract. 43.6 In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information. 43.7 All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information. 43.8 Company shall restrict employee access to the Confidential Information to those employees having a need to know for purposes of their jobs. 18 Contract No. 2017001134 Vendor No. 121531 43.9 Company shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not permitted by this Contract. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors, subcontractors, employees and taxpayers the same level of protection as provided by this Contract. 44. EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any Confidential Information that the Company can establish: 44.1 Was already known to Company prior to being disclosed by the City; 44.2 ' Was or becomes publicly known through no wrongful act of Company; 44.3 Was rightfully obtained by Company from a third party without similar restriction and without breach hereof; 44.4 Was used or disclosed by Company with the prior written authorization of the City; 44.5 Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, Company shall first give to the City notice of such requirement or request; 44.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena. 45. MISCELLANEOUS 45.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subject matter herein. There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral. Notwithstanding the forgoing, the parties agree that the ITB and the Bid are relevant in resolving any ambiguities that may exist with respect to the language of this Contract 45.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council. 45.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably waive any and all objections which they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina. 19 Contract No. 2017001134 Vendor No. 121531 45.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control, as defined in Section 42.8 constitutes an assignment. 45.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent. 45.6 NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner without the prior written consent of the City. Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may identify the City as a customer in presentations to potential customers. 45.7 WAIVER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights. 45.8 CHANGE IN CONTROL. In the event of a change in "Control" of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten days of the occurrence of a change in control. As used in this Contract, the term "Control" shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise. 45.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract. 45.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services. The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to workers' compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work. 20 Contract No. 2017001134 Vendor No. 121531 45.11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services. 45.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract, including but not limited to the following: Section 3 "Term" Section 4.3 "Employment Taxes and Employee Benefits" Section 13 "General Warranties" Section 14 "Additional Representations and Warranties" Section 22 "Guarantee" Section 28 "Other Remedies" Section 29 "Termination" Section 33 "Insurance" Section 34 "Indemnification" Section 39 "Notices" Section 42 "Confidentiality" Section 45 "Miscellaneous" 45.13 NON -APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the non -appropriation and this Contract will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the City, which is attributable to non -appropriation of funds shall constitute a breach of or default under this Contract. 45.14 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well. 45.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such list during the term of this Contract; and (iii) it will not utilize any subcontractor that is identified on any such list to provide goods or services hereunder. 45.16 PRE -AUDIT. No pre -audit certificate is required under N.C. Gen. Stat. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City's execution of a valid and binding purchase order or contract addendum containing a pre -audit certificate." 21 Contract No. 2017001134 Vendor No. 121531 45.17 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Contract, the Company agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F. R. § 200 et seg. 45.18 COUNTERPARTS. This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. [Signature Page Follows] 22 Contract No. 2017001134 Vendor No. 121531 IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to be executed on the date first written above. I'LAYCOR SCONSIN, INC. D/B/A GAMETIME: PRINT NAME: goeEAT V. 1NP°tJ TITLE: —Cm 102. V e of SA s DATE: 05 - 03 -20 (7 CITY OF CHARLOTTE CITY OF CHARLOTTE CITY MANAGER'S OFFICE: RISK MANAGEMENT DIVISION: BY: PRINT NAME: TITLE: cto DATE: .cj /5// 7 BY: //z PRINT NAME: (.jLr i 51te 6-ibscx1 TITLE:i9 �! DATE: 4/1 / i 2, Contract No. 2017001134 Vendor No. 121531 EXHIBIT C NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS The following National Network of Distributors and Installers is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. 26 (GameTime) x PLAYcoRE CAW 150 PlayCore Drive SE Ft Payne, AL 35967 (800) 633-2394 GameTime Sales Territories -Bitting Recreation, Inc. PO Box 6445 Harrisburg, PA 17112-0445 PA Tel (800) 248-8464 Fax: (717)652-5826 Website: www.bittingrec.com FL GA TN Dominica Recreation Products, Inc. PO Box 520700 Longwood, FL 32752-0700 Tel: (800) 432-0182 Fax: (407) 331.4720 Website: www.drpinc.com MI IN \ Sinclair Recreation /) 128 E. Lakewood Blvd Suite 40 Holland, MI 49424 Tel: (800)444.4954 Fax: (616)392-8634 Website: www.sinclair-rec.com >Cunningham Recreation PO Box 240981 Charlotte, NC 28224 AR KS MO Tel (800) 438-2780 NC OK SC Fax (704) 525-7356 Website: www.cunninghamrec.com VA WV Great Western Recreation PO Box 97 CA ID Wellsville, UT 84339 MT NV Tel: (800) 453.2735 UT WY Fax: (435) 2455057 Website: www.gwperk.com Ps Park & Playground Products 626 128r Street, S.W. AK Suite 104-A WA Everett, WA 98204 Tel: (800)541-0869 Fax: (425)347-3056 Website: www.sitelines.com David Williams & Associates, Inc. PO Box 218 1010Harrison Avenue KY Harrison, OH 45030 OH Tel: (800) 762.7936 Fax: (330)821-4505 Website: www.davidwilliemsessociates.com \ Cunningham Recreation /) PO Box 240981 Charlotte, NC 28224 IA NE TeI: (800) 438-2780 ND SD Fax: (704) 525.7356 Website: www.cunninghamrec.com no Recreation Co. PO Box PO Box 106 Spring Lake, NJ 07762 MA ME NJ Tel: (800) 922-0070 NY CT RI Fax: (732) 974-0226 VT NH \ Total Recreation Products /) 12022 C. Kngge C Rd, Suite C Cypress, TX 77429 LA TeI: (800) 392-9909 TX Fax: (832) 237-3895 \ IPR, Inc. /) 1481 South King Street Suite 226 \ Cunningham Recreation /) 2135 City Gate Lane, Suite 300 Naperville, IL 60563 IL Tel: (800)B42-1062 Fax: (630)554-3750 Webske: www.cunninghemrec.com \ MRC-Pacific l) 1030-B Railroad Avenue Novato, CA 94947 No. CA Tel (415) 899-9996 OR Fax: (415) 899-9050 Website: www.gametimenorcal corn \ Triple M Recreation /) 4638 East Shea Blvd. Suite B-170 AZ CO Phoenix, AZ 85028 NM TX Tel: (480) 315-9103 Fax (480) 315-9991 Website. wwv.triplemrec.com HI Honolulu, HI 96814 Tel: (808)845-7788 Fax: 808)952-5501 Website: wow.innovativeplaygmurdsandrecreetion.com \ Cunningham Recreation /> PO Box 487 Queenstown, MD 21658 DE Tel: (800) 233-0529 MD Fax: (410)827-8855 Website: www.westrecreation.com DC IDMinnesota/Wisconsin Playground, Inc. PO Box 27328 MN Golden Valley, MN 55427 WI Tel: (800) 622-5425 Fax: (783) 546-5050 Website: www.mnwipley.com -J.A. Dawson & Co., Inc. PO Box 1178 Pelham, AL 35124 AL Tel: (800)221.8869 FL Fax: (205) 683-5012 MS MA GAMETIME DOMESTIC SALES AGENCY CONTACT INFORMATION Sales Representative Agency Address - Website - Territory Telephone & Fax Bitting Recreation, Inc. P. O. Box 6445, Harrisburg, PA 17112 800-248-8464 Randy Bitting www.bittincirec.com 717-652-5826 W. PA Cunningham Associates P. O. Box 240981 Charlotte, NC 28224 800-438-2780 Scott Cunningham www.cunninghamrec.com 704-525-7356 AR, DE, DC, IA, IL, KS, MD, MO, NE, NC, ND, OK, SC, SC, VA, W. TN, WV J. A. Dawson & Co., Inc. P. O. Box 1178 Pelham, AL 35124 800-221-8869 Craig Struthers www.iadawsonco.com 205-663-5058 AL, FL Panhandle, MS Dominica Recreation Products, Inc. P. O. Box 520700 Longwood, FL 32752 800-432-0162 Rob Dominica www.playdrp.com 407-331-4720 FL (ex: Panhandle), GA, East/Central TN Great Western Recreation, LLC P. O. Box 97 Wellsville, UT 84339 800-453-2735 Tyler Kyriopoulos www.gwpark.com 435-245-5057 Lewis Painter ID, MT, NV, UT, WY, S. CA IPR 1481 S. King St., S-226, Honolulu, HI 96814 808-845-7788 Gideon Naiditch www.ipr-hawaii.com 808-952-5501 lan Ross HI Marturano Recreation Co., Inc. P. 0. Box 106 Spring Lake, NJ 07762 800-992-0070 Jim Marturano www.mrcrec.com 732-974-0226 Brian Gates MA, ME, NJ, NY, CT, RI, VT, E. PA, NH, N. CA, OR Minnesota Wisconsin Playgrnd,Inc P. O. Box 27328 Golden Valley, MN 55427 800-622-5425 Harlan Lehman www.mnwiplay.com 763-546-5050 Ron Lehman MN, WI Sinclair Recreation, LLC P. O. Box 1409 Holland, MI 49422 800-444-4954 Diane Sinclair www.sinclair-rec.com 616-392-8634 Rich Sinclair IN, MI Sitelines Park & Playground 626 128th St., SW, S-104A, Everett, WA 98204 800-541-0869 Gary Max www.sitelines.com 425-750-7493 AK, WA Total Recreation Products 17802 Grant Road, Cypress, TX 77429 800-392-9909 Bryan O'Conner www.totalrecreation.net 281-351-2493 Kelly O'Conner LA, TX Triple M Recreation, Inc. 8700 E. Vista Bonita Dr., S-188, Scottsdale, AZ 85255 480-315-9103 Gene Everts www.triplemrec.com 480-315-1311 Patti Everts AZ, CO, NM, W. TX David Williams & Associates P. O. Box 208, Harrison, OH 45030 800-762-7936 Bob Greiwe www.davidwilliamsassociates.com 330-821-4505 David Williams OH, KY 3/12/2017 b Bitting - Bramble Landscapes, LLC. - Bramble, Mark 586 Sterling Drive Sarver, Pa. 16055 Bus: (724) 859-0958 Home: 2018 Mobile: (724) 859-0958 E-mail: bramble.landscapes@gmail.com Bitting - Playground Pros (Hartzell, Lowell) 154 N. Sheridan Road Newmanstown, PA 17073 Bus: (610) 589-1769 Home: 2018 Mobile: (610) 413-9832 Bus Fax: (610) 589-1817 E-mail: bill@theplaygroundpros.com Cunningham - Blueprint Construction, LLC (Liles, Robbie S.) 5 Liles Woods LN Garner, NC 27529 Bus: (919) 210-1589 Home: 2018 Bus Fax: (919) 779-9436 E-mail: RL1Builder@gmail.com Cunningham - Carlson Consulting and Contracting 1150 Prospect Blvd. Waterloo, Iowa 50701 Bus: (319) 234-8965 Home: 2016 Mobile: (319) 415-8365 Bus Fax: (319) 234-8965 E-mail: landrn1@msn.com Cunningham - Cedar Creek Run Construction - Stanley, Bill 24072 Zachery Taylor Hwy. Culpeper, Va. 22701 Bus: (877) 640-9811 / (540) 364-9811 Home: 2016 Mobile: (703) 244-5991 Bus Fax: (540) 825-3445 E-mail: bstanley@ccrconstructionllc.com Cunningham - CLS Outdoor Services 112 Nivens Drive P 0 Box 790 Atoka, TN 38004 Bus: (901) 428-8836 Home: 2018 Mobile: (901) 428-8836 Bus Fax: (901) 475-0015 E-mail: Chris@clsoutdoorservices.com Cunningham - Custom Park Services 8019 E. Old Jessup Road PO Box 1098 Jessup, MD 20794 Bus: (410) 799-7745 or 877-799-7745 Home: 2017 Mobile: (410) 365-0502 Bus Fax: (410) 579-1284 E-mail: cpsmike@comcast.net Cunningham - Custom Playgrounds 9957 N. Alpine Road, Suite 100 Machesney Park, II. 61115 Bus: (815) 708-8540 Home: 2016 Mobile: (815) 505-0500 Bus Fax: (779) 423-2033 E-mail: mbk5977@hotmail.com Cunningham - D C Install, LLC. 503 Niagara E. Alton, Illinois 62024 Bus: (618) 531-0848 Home: 2017 Mobile: (618) 531-0848 Bus Fax: (618) 258-9007 E-mail: donchatham@charter.net E-mail 2: donchatam@charter.net Cunningham - D G Services, Inc. (Layne, Kevin) 181 Springdale Acres Drive Mooresville, NC 28115 Bus: 17047993878 Home: 2018 Mobile: 9802302946 Bus Fax: 7047993878 E-mail: dgserv@bellsouth.net Cunningham - Elanar Construction Company 6620 W. Belmont Avenue Chicago, IL 60634 Bus: (773) 628-7011 Home: 2018 Mobile: (773) 908-7629 Bus Fax: (773) 628-7041 E-mail: ross@elanar.com E-mail 2: ross@elanar.com Barr, Patricia 1 3/8/2017 11:36 AM Cunningham - Fuertes Systems Landscaping, Inc 15100 S. Indian Boundary Rd. Plainfield, II. 60544 Bus: (815) 725-2959 Home: 2016 Mobile: (847) 312-9393 Bus Fax: (815) 725-3165 E-mail: furtel@sbcglobal.net Cunningham - G.L. Stone and Son, Inc. - Gilkerson, Leondis 24 First Street Hamlin, WV. 25523 Bus: (304) 824-3800 Home: 2016 Mobile: (304) 208-4550 Bus Fax: (304) 824-3848 E-mail: glstoneandson@zoominternet.net Cunningham - Grass roots, Inc. 501 W. Central Avenue Davidsonville, MD 21035 Bus: (410) 721-1093 Home: 2016 Mobile: (301) 785-5770 Bus Fax: (301) 858-1039 E-mail: ccook@getgrassroots.com Cunningham - Green -Up Landscape, Inc. 23940 Andrew Road Plainfield, IL 60585 Bus: (815) 372-3000 Home: 2017 Mobile: (815) 693-1833 Bus Fax: (815) 372-3005 E-mail: brs@green-up.com Cunningham - Howard's General Contracting 708 Knightswood Road Fort Mill, S.C. 29708 Bus: (803) 802-1722 Home: 2017 Mobile: (803) 280-5630 E-mail: lance@howardsgc.com Cunningham - IDE Construction (Turner, Michael) 18601 Green Street Washington, NE 68068 Bus: (402) 510-0549 Home: 2018 E-mail: turner.michael.17@gmail.com Cunningham - Jones & Sons Contracting 11409 Boltomley Road Thurmont, MD 21788 Bus: (301) 898-3743 Home: 2011 Bus Fax: (301) 898-3743 E-mail: lannajones@msn.com Cunningham - Kay Jay Construction, Inc. 300 S. Carlton Ave. #160 Wheaton, 11.60187 Bus: (312) 388-3030 Home: 2016 Mobile: (312) 388-3030 E-mail: fred.conforti@sbcglobal.net Cunningham - Kenneth Company, The 16W064 Jeans Road Lemont, II. 60439 Bus: (630) 679-2750 Home: 2016 Mobile: (630) 514-3632 Bus Fax: (630) 325-2780 E-mail: kcoffice@aol.com Cunningham - Massanelli Construction, Inc. 105 Bellaire Drive Hot Springs, Arkansas 71901 Bus: (501) 318-7618 Home: 2016 Mobile: (501) 318-7618 Bus Fax: (501) 321-8083 E-mail: TMASSArelli25@yahoo.com Cunningham - Monkebar Builders, L.L.C. 1214 Towanda Ave., Upper Level Bloomington, IL 61701 Bus: (309) 829-9111 Home: 2016 Mobile: (309) 825-9111 Bus Fax: (309) 829-5555 E-mail: monkeko@comcast.net Cunningham - Moore Recreational Products, Inc. PO Box 472747 Charlotte, NC 28247 Bus: (704) 905-3665 Home: 2017 Mobile: (704) 905-3665 Bus Fax: (704) 643-1369 E-mail: Moorerecreation@gmail.com Barr, Patricia 2 3/8/2017 11:36 AM c Cunningham - Old South Building Corp - Deeds, Rob 1622 Brandon Ave. Petersburg, Va. 23805 Bus: (804) 307-9307 Home: 2016 Mobile: (804) 307-9307 Bus Fax: (804) 733-1110 E-mail: rob@oldsouthbuild.com Cunningham - Ozark Mountain Installations, Inc. 9706 Lawrence 2237 Monett, MO 65708 Bus: (417) 235-9475 Home: 2018 Mobile: (417) 235-9475 Bus Fax: (417) 236-0897 E-mail: j.m.pass2@yahoo.com Cunningham - ParkScape Solutions LLC (Woods, Wayne O.) 8226C Hwy.) Black, MO 63625 Bus: (573) 269-4450 Home: 2017 Mobile: (573) 701-3294 E-mail: wayne@parkscapesolutions.com Cunningham - Play Structure Plus 364 East Main Street, Suite 172 Middletown, De. 19709 Bus: (302) 528-8791 Home: 2016 Mobile: (302) 528-8791 Bus Fax: (302) 378-0747 E-mail: markmacdonald4@verizon.net Cunningham - Play-N-Scape, Inc. 190 Briarwod Drive Crystal Lake, IL 60014 Bus: (815) 693-2769 Home: 2016 Mobile: (815) 459-6758 Bus Fax: (815) 459-5790 E-mail: playnscape@comcast.net Cunningham - Prestige Landscaping Solutions - Mullins, Jason 5001 NW 10 Apt. 905 Oklahoma City, Ok. 73127 Bus: (405) 885-2015 Home: 2014 Mobile: (405) 820-8304 Bus Fax: (405) 849-2739 E-mail: jmullen@pssokc.net Cunningham - Reese Construction Company 3720 Lucky Drive Apex, N.C. 27539 Bus: (919) 329-5501 Home: 2017 Mobile: (919) 427-4685 Bus Fax: (919) 329-5503 E-mail: reeseconstruction@hotmail.com Cunningham - RJR Enterprises, Inc. 804 N 42nd Street Rogers, AR 72756 Bus: (479) 936-1092 Mobile: (479) 621-3939 E-mail: RonBrown@nwarjr.com Cunningham - Robert Kremers Construction 515 S. 86th Street Omaha, NE 68114 Bus: (402) 658-3357 Home: 2017 Mobile: (402) 658-3357 Bus Fax: none E-mail: bobkremersl@aol.com Cunningham - Triad Property Services, Inc. 962 Wiley Lewis Road Greensboro, NC 27406 Bus: (336) 378-1541 Home: 2017 Mobile: (336) 337-1930 Bus Fax: (336) 378-1541 E-mail: brentattps@triad.rr.com Cunningham - Woods Const. Serv. 82268 Hwy. J Black, Mo. 63625 Bus: (573) 269-1113 Home: 2017 Mobile: (573) 701-3294 Bus Fax: (573) 269-1033 E-mail: wayne@woodsconstructionservices.com Barr, Patricia 3 3/8/2017 11:36 AM Cunningham - Zogg & Associates (Zogg, Brent) 27610 90th Avenue Donahue, IA 52746 Bus: (563) 210-2943 Home: 2018 E-mail: zoggdesign@netins.net Cunningham -Hyde Construction (Hyde, John) 1325 South Bates Avenue Springfield, IL 62704 Bus: (217) 891-4618 Home: 2018 E-mail: Backstp23@yahoo.com d Dawson, J. A. P.O. Box 1178 Pelham, AL 35124 Bus: (205) 663-5058 Home: 2017 Mobile: (205) 368-4365 Bus Fax: (205) 663-5012 E-mail: cstruthers@jadawsonco.com Dominca - D.W. Recreation Services, Inc. (West, Donald) 2500 NW 79th Ave. #258 Doral, FL 33122 Bus: (561) 433-4709 Home: 2017 Mobile: (561) 818-4819 E-mail: dwrecreation@bellsouth.net Dominica - John Fitzgerald, Inc. P.O. Box 655 Sanford, FL 32772 412 Mattie St. Sanford, FL 32773 Bus: (407) 323-8822 Home: 2018 Mobile: (407) 920-2256 Bus Fax: (407) 323-0999 E-mail: julie@fivestarinstallers.com Dominica Recreation Products - Copponex Group LLC (Copponex, Glen) 1478 Highway 124 Auburn, GA 30011 Bus: (770) 421-5252 Home: 2017 Mobile: (770) 846-2120 E-mail: greg@copponexgroup.com Dominica Recreation Products - Outdoor Construction 134 Stanley Court Sutie#E Lawrenceville, GA 30046 Bus: (770) 995-8430 Toll Free 877-995-1100 Home: 2017 Mobile: (678) 234-7489 Bus Fax: (886) 536-5244 E-mail: terry@occ-ga.com E-mail 2: occga@aol.com Dominica Recreation Products - Pelican Playground Maintenance LLC (De Armond, William) Suite 202 Dept 213 Fort Myers, FL 33912 Bus: (239) 284-7335 Home: 2018 E-mail: Billy@pelicanplaygroundmaintenance.com g Great West Park and Play - C S Construction (Amick, Chris) 13049 Lynn Christi Ave Bakersfield, CA 93314 Bus: (661) 978-9748 Home: 2017 E-mail: csconstruction@bak.rr.com Great West Park and Play - California Landscape & Design, Inc. (Kammerer, Steve) 273 N. Benson Avenue Upland, CA 91786 Bus: (909) 949-1601 Home: 2017 Mobile: (909) 215-7439 Bus Fax: (909) 981-9368 E-mail: skammerer@calandscape.com Barr, Patricia 4 3/8/2017 11:36 AM g Great West Park and Play - Childs Play 1852 Langley Ave Irvine, CA 92614 Bus: (949) 252-1186 Home: 2017 Mobile: (714) 709-1782 E-mail: chris@childsplaygrounds.com Great West Park and Play - Cicero Engineering, Inc. 1372 E. Valencia Drive Fullerton, Ca. 92831 Bus: (714) 871-2800 Home: 2017 Mobile: (562) 762-5147 Frank Cicero Bus Fax: (714) 871-2801 E-mail: fcicero@ciceroengineering.com Great West Park and Play - Coastal Park and Recreation - Lapp, Doug 3075 Falda Road Atascadero, Ca. 93422 Bus: (805) 441-2952 Home: 2018 Mobile: (805) 441-2952 E-mail: doug@coastalparkandrec.com Great West Park and Play - Distinctive Exteriors, Inc. - Aikens, Phil 6625 South Valley View Blvd Suite 212 Las Vegas, NV 89118 Bus: (702) 385-4555 Home: 2014 Mobile: (702) 286-7091 E-mail: phil@vegasexteriors.com Great West Park and Play - Evans Recreation Installation, Inc. P.O. Box 42607 Las Vegas, Nevada 89116 Bus: (702) 271-8170 Home: 2016 Mobile: (702) 271-8170 Bus Fax: (702) 926-9685 E-mail: doug.e@evansrecreation.com Great West Park and Play - Evergreen Environment, Inc. (Sandoval, Juan) 8609 Mission Blvd Riverside, CA 92509 Bus: (951) 332-2218 Home: 2018 Mobile: (951) 337-1757 Bus Fax: (951) 332-2219 E-mail: juan@evergreenenvironment.net Great West Park and Play - Fullmer Brothers Landscape Maintenanc, Inc. (Newbold, Craig) 1825 N. 1450 W Lehi, Utah 84043 Bus: (801) 571-9899 Home: 2018 Mobile: (801) 671-6257 E-mail: craig@fullmerbrothers.com Great West Park and Play - Garden Shop Nursery Landscaping 1978 Frazier Avenue Sparks, Nv. 89431 Bus: (775) 358-3080 Home: 2018 Mobile: (775) 221-0935 Bus Fax: (775) 358-3084 E-mail: gslmike@sbcglobal.net Great West Park and Play - Great Western Installations - Olson, Derek Great Western Installations PO Box 97 Wellsville, Ut. 84339 Bus: (800) 453-2735 Home: 2017 Mobile: Steve (435) 760-5100 / Derek (858) 337-9195 Bus Fax: (435) 245-5057 E-mail: steve@gwpark.com Great West Park and Play - K.C. Equipment 413 S. Magnolia Ave. El Cajon, CA 92020 Bus: (619) 443-9730 Home: 2013 Bus Fax: (619) 443-9729 E-mail: info@kcequipmentinc.com Great West Park and Play - Linnert Builders 1675 No. Shaffer St. Orange, CA 92867 Bus: (714) 974-4393 Home: 2018 Mobile: (714) 606-4951 Bus Fax: (714) 974-4393 E-mail: blinnert@socal.rr.com Barr, Patricia 5 3/8/2017 11:36 AM g Great West Park and Play - Malibu Pacific Tennis Courts, Inc. 31133 Via Colinas, Suite 107 Westlake Village, CA 91362 Bus: (818) 707-3797 Home: 2013 Mobile: (818) 991-7445 Bus Fax: (818) 706-1951 E-mail: phil@malibupacific.com Great West Park and Play - Play Foundations, Inc. (Cox, jack) 1330 N. Melrosed Drive Suite F Vista, CA 92083 Bus: 17602958645 Home: 2018 Mobile: 17604209689 Bus Fax: 17602958651 Great West Park and Play - PSI 1747 Colgate Drive Thousand Oaks, CA 91360 Bus: (805) 494-3401 Home: 2018 Mobile: (818) 618-2333 Bus Fax: (805) 494-3343 E-mail: gdonahoe@ix.netcom.com Great West Park and Play - Quality Time Recreation P.O. Box 471 Clearfield, Ut 84089 673 W. 1860 N. Clinton, Ut. 84015 Bus: (801) 718-5367 Home: 2018 Mobile: (801) 718-5367 Bus Fax: (801) 728-3558 E-mail: qtrec@comcast.net Great West Park and Play - Rasco Construction, Inc. 6588 West 10900 North Highland, Utah 84043 Bus: (801) 360-1723 Home: 2018 Mobile: (801) 360-7123 Bus Fax: (801) 763-7664 E-mail: Tylertdr@yahoo.com Great West Park and Play - Recreation Installation 1321 N. Lewis Peak Drive Ogden, Utah 84401 Bus: (801) 388-6980 Home: 2018 Bus Fax: (801) 393-2745 E-mail: julio_membreno@yahoo.com Great West Park and Play - Zasueta Contracting, Inc. PO Box 866 Spring Valley, CA 91976 Bus: (619) 589-0609 Home: 2016 Mobile: (619) 843-4048 Bus Fax: (619) 697-6031 E-mail: azplaygrounds@yahoo.com Great West Park and Play -Unlimited Engineering Contracting, Inc. (Carter, Kevin) 950 Firestone Circle Simi Valley, CA 93065 Bus: (805) 587-7514 Home: 2017 Mobile: (818) 652-6922 E-mail: unlimitedengineering101@yahoo.com 1 IPR$ Hawaii Sagum, Danielle 1481 S. King Street Suite 226 Honolulu, HI 96814 Bus: (808) 952-7788 Home: 2017 Mobile: (808) 679-1113 E-mail: danielle@ipr-hawaii.com m Marturano - A & H contracting 33 Eastwood Blvd. Manalapan, N.J. 07726 Bus: (732) 972-0006 Home: 2015 Mobile: (732) 672-3236 Bus Fax: (732) 972-0555 E-mail: ahcontractinginc@aol.com Barr, Patricia 6 3/8/2017 11:36 AM m Marturano - AAH Constuction Corp. (Cinquemani, Led) 21-77 31st Street Suite 107 Astoria, NY 11105 Bus: (718) 267-1300 Home: 2018 Mobile: (917) 709-2021 Bus Fax: (718) 726-1474 E-mail: leoc@aahconstruction.com Marturano - Buzz Burger Incorporated 13 Twin Pine Way Glen Mills, PA 19342 Bus: (610) 399-3035 Home: 2016 Mobile: (610) 304-9040 Bus Fax: +1 (610) 399-3375 E-mail: buzz@buzzburgerinc.com Marturano - California Playground Builders 1490 Norman Ave. Santa Clara, Ca. 95054 Bus: (408) 748-1220 or (408) 314-3363 Home: 2013 Mobile: (408) 438-2141 Bus Fax: (408) 748-1128 E-mail: jeff@built2play.com Marturano - Central Jersey Landscaping, Inc. 523A Chesterfield-Arneytown Road Chesterfield, NJ. 08515 Bus: (609) 298-2450 Home: 2016 Mobile: (609) 722-2082 Bus Fax: (609) 298-2436 E-mail: Mike_CJL@Verizon.net Marturano - CMJ Construction, Inc. 40 fenton way Bangor, ME 04401 Bus: (603) 828-5225 Home: 2018 Mobile: (603) 828-5225 Bus Fax: (207) 942-5776 E-mail: Chaddah@aol.com Marturano - Community Playgrounds, Inc. 200 Commercial Street Vallejo, Ca. 94589 Bus: (415) 892-8100 Home: 2017 Mobile: (415) 559-8883 / 415-725-8923 Bus Fax: (415) 892-3132 E-mail: cwear@commplay.us Marturano - Currie Grove, LLC 300 Old Reading Pike Bldg. 1, Suite 102 Stowe, Pa. 19464 Bus: (610) 970-8846 Home: 2017 Mobile: (610) 310-5926 Bus Fax: (610) 970-4719 E-mail: curriegrove@aol.com Marturano - Dakota Excavating Contractor, Inc. 200 East Church St. Bergenfield, NJ 07621 Bus: (201) 439-1000 Mobile: (201) 954-5301 Bus Fax: (201) 439-0444 E-mail: opiedak@aol.com Marturano - G & G Builders 4542 Contractors Place Livermore, Ca. 94551 Bus: (925) 846-9023 Home: 2017 Mobile: (925) 570-7606 Bus Fax: (925) 846-9152 E-mail: gcallahan@ggbuildersinc.com Marturano - Harris Fence Corp. (Harris, Jim) 4492 Route 130 Burlington, NJ 08016 Bus: (609) 387-4050 Home: 2017 Mobile: (609) 517-7613 E-mail: harrisfence@yahoo.com Marturano - Horizon Concepts, Inc. 53 West Hills Road Huntington Station, N.Y. 11746 Bus: (631) 271-1963 Home: 2016 Mobile: (516) 864-1522 Bus Fax: (631) 271-1975 E-mail: jhines@horizonconceptsinc.net Marturano - Kamback Bros. LLC (Kamback, Greg) 54 E. Lagoona Drive Brick, Ni 08723 Bus: (732) 558-3868 Home: 2017 Mobile: (732) 558-3868 Bus Fax: (732) 477-0046 E-mail: gregKamback@comcast.net Barr, Patricia 7 3/8/2017 11:36 AM m Marturano - Kel-Tech Construction, Inc. - Kelleher, Vincent 12-11 Redfern Ave. Queens, N.Y. 11691 Bus: (718) 383-3353 Home: 2017 Mobile: (917) 682-3988 Bus Fax (718) 337-3360 E-mail: vk@keltechconstruction.com Marturano - Kidzzplay Installation Services 126 Covered Bridge Road Warwick, N.Y. 10990 Bus: (800) 851-7748 Home: 2016 Mobile: (845) 742-1745 E-mail: cs@kidzzplay.com Marturano - Lobo Construction Services, Inc. 250 Orchard Road East Patchoeve, NY 11772 Bus: (631) 286-6184 Home: 2018 Mobile: (516) 807-8462 Bus Fax: (631) 286-6194 E-mail: loboservices@yahoo.com Marturano - M & M Site Improvement, Inc. (Mcpherson, Robert) 53 Gladstone Road New Rochelle, NY 10805 Bus: (917) 679-1012 Home: 2018 Bus Fax: (914) 813-8639 E-mail: rem129@aol.com Marturano - Marrs Playground Installation, Co. 16860 Paula Road Madem, Ca. 93636 P.O. Box 318 Friant, Ca. 93626 Bus: (559) 479-8490 Home: 2017 Mobile: (559) 930-1700 Bus Fax: (559) 479-8490 E-mail: quincymarrs@comcast.net Marturano - Pat Corsetti, Inc. 610 Fenimore Road Mamaroneck, NY 10543 Bus: (914) 698-5024 Home: 2017 Mobile: (914) 403-4346 Bus Fax: (914) 698-6746 E-mail: acorsetti@prodigy.net Marturano - Performance Flooring Systems (Melville, Garth) 289 Milton Road Rye, NY 10580 Bus: (917) 930-1521 Home: 2018 Mobile: (917) 930-1521 E-mail: garth@sportcourtventures.com Marturano - Picerno-Giordano Construction, LLC (Richard Picerno) 200 Market Street Kenilworth, NJ 07033 Bus: (908) 241-4331 Home: 2017 Mobile: (908) 296-0505 Bus Fax: (908) 241-7854 E-mail: Rich@picernogiordano.com Marturano - Playgrounds Unlimited, Inc 980 Memorex Drive Santa Clara, CA 95050 Bus: (408) 244-9848 Home: 2016 Mobile: (408) 639-4565 Bus Fax: (408) 330-9256 E-mail: mikea@playgroundsunlimited.net Marturano - Rubberecycle, LLC. - Gates, Brian P.O. Box 106 Springlake, N.J. 07762 Bus: (800) 922-0070 Home: 2014 Mobile: (732) 433-6121 Bus Fax: (732) 947-0226 E-mail: bgates@mrcrec.com Marturano - Scott Construction of Rochester, Inc. 23 Wells Street Rochester, NY 14611 Bus: (585) 370-6331 Home: 2018 Mobile: (585) 370-6331 Bus Fax: (585) 325-2893 E-mail: mscott1299@hotmail.com Barr, Patricia 8 3/8/2017 11:36 AM m Marturano - Shawn T. Gardner Builders 2882 Robert Court Redding, CA 96002 Bus: (530) 222-2771 Home: 2015 Mobile: (530) 945-2041 Bus Fax: (530) 222-3269 E-mail: gardner7878@sbcglobal.net Marturano - Who Built Creative Builders 80 Alta Dr. Petaluma, CA 94954 P.O. Box 5207 Petaluma, CA 94955 Bus: (707) 763-6210 Home: 2017 Mobile: (707) 696-7734 Bus Fax: (707) 658-2513 E-mail: jana@whobuilt.biz Marturano - Silagy Contracting, LLC. Minnesota&Wisc. - C.K.&C. Installation, Inc. 614 Old Post Road Edison, Ni 08817 P.O. Box 1096 Edison, NJ. 08817 Bus: (732) 287-5544 Home: 2018 Mobile: (732) 921-0780 Bus Fax: (732) 287-8978 E-mail: rsilagy@silagycontracting.com Marturano - TAJ Assoc 335 Clifton Ave, Staten Island, NY 10305 Bus: (718) 415-4555 Home: 2018 Mobile: (917) 577-8274 Bus Fax: (718) 442-2567 E-mail: tajassociatesusa@gmail.com Marturano - Tec-Con Contractors, Inc. 9 Dodd Street East Orange, NJ 07017 Bus: (973) 674-9191 Home: 2011 Bus Fax: (973) 674-2834 E-mail: Tec_Con@comcast.net Marturano - Titan Development, Inc. 8534 Seaman Rd Gasport, NY 14067 Home: 2018 Mobile: (716) 913-5957 E-mail: bjvbwood@yahoo.com Marturano - Whirl Construction 187 Main Street, P.O. Box 110 Port Monmouth, NJ 07758 Bus: (732) 495-3715 Home: 2017 Mobile: (732) 496-5706 Bus Fax: (732) 495-6133 E-mail: info@whirlconstruction.net 12735 - 274th Circle Zimmerman, MN 55398 Bus: (763) 856-5293 Home: 2018 Mobile: (763) 244-0188 Bus Fax: (763) 856-0536 E-mail: tucker@izoom.net Minnesota&Wisc. - Southern Coating Systems 8960 205 St. West #432 Lakeville, MN 55044 Bus: (952) 469-3439 Bus Fax: (952) 469-3430 E-mail: scssafetup@frontiernet.net Sinclair Recreation - G & C Contracting, LLC. - Krohn, Geoff 16801 S. Mill Creek Rd. Noblesville, In. 46062 Bus: (317) 694-4373 Home: 2016 Mobile: (317) 694-4373 Bus Fax: (317) 770-7482 E-mail: gandccontract@comcast.net Sinclair Recreation - Michigan Recreational Construction, Inc. Sheffer, Craig A. P.O. Box 2127 Brighton, MI 48116 1019Victory Drive Howell, Mi. 48843 Bus: (517) 545-7122 Home: 2016 Mobile: (313) 806-8406 Bus Fax: (517) 545-7144 E-mail: craig@buildingfun.com Barr, Patricia 9 3/8/2017 11:36 AM s Sinclair Recreation - Play Builders LLC 128 E. Lakewood Blvd Suite 40 B Holland, MI 49424 Bus: (616) 218-1053 Home: 2011 Mobile: (616) 218-1053 Bus Fax: (616) 994-0345 E-mail: rich@sinclair-rec.com Sinclair Recreation - Pro Installation Plus, Inc. 60-B W.Terra Cotta Avenue #185 Crystal Lake, IL 60014 Bus: (815) 479-7220 Home: 2017 Bus Fax: (815) 479-7221 E-mail: playinstal@aol.com Sinclair Recreation - Rent A Son 2294 S. Hickory Ridge Road Milford, Mi. 48380-1920 Bus: (989) 233-3210 Home: 2018 Mobile: (989) 233-3210 E-mail: wuerf3@aol.com Sitelines - Cascade Mini Excavating, Inc. 1266 Bay Loop S.W. Tumwater, Wa. 98512 Bus: (360) 556-3552 Home: 2018 Mobile: (360) 556-3544 E-mail: install@cmeplay.net Sitelines - G.R. Morgan Construction 10536 S.W. 25th Avenue Portland, OR 97219 Bus: (503) 452-4268 Home: 2018 Mobile: (503) 803-4802 Bus Fax: (503) 245-4872 E-mail: geo_morgan@msn.com Sitelines - L.W. Sundstrom, Inc. P.O. Box 893 Ravensdale, Wa. 98051 Bus: (206) 730-8901 Home: 2017 Mobile: (206) 730-8901 Bus Fax: (425) 413-2533 E-mail: len@lwsundstrom.com Sitelines - Picture Perfect Playgrounds Stoddard, Curtis P.O. box 807 Ashton,ID 83420 Bus: (208) 652-3284 Home: 2016 Mobile: (208) 521-0161 Bus Fax: (208) 652-3285 E-mail: bookkeeper@pictureperfectplaygrounds.com Sitelines - Precision Recreation Contractors, Inc. 6821 S.E. Johnson Creek BLVD. Portland, OR 97206 Bus: (503) 788-4002 Home: 2018 Mobile: (503) 572-8248 Bus Fax: (503) 788-4003 E-mail: ed@precisionrecreation.com Sitelines - Proexc, LLC (Kyllonen, James) P.O. box 2803 Battleground, WA 98604 Bus: (360) 666-9276 Home: 2018 E-mail: office@proexcllc.com Sitelines - Prosser & Sons North 5544 Drumheller Spokane, WA 99205-7509 Bus: (509) 326-4907 Home: 2015 Mobile: (509) 993-2840 Bus Fax: (509) 326-4907 E-mail: gmprosser@juno.com Sitelines - R & R Construction, Inc. P.O. Box 10 Carbonado, WA 98323 Bus: (360) 829-2300 Home: 2018 Mobile: (253) 350-7449 Bus Fax: (360) 829-2700 E-mail: wendy@rrconinc.com Total Recreation - Barcon Construction 143 EL Cerrito Circle San Antonio, TX 78232 Bus: (210) 867-2278 Home: 2019 Mobile: (210) 867-2278 Bus Fax: (210) 867-9500 E-mail: bpasini_barcon@yahoo.com Barr, Patricia 10 3/8/2017 11:36 AM t Total Recreation - Cross Country 3804 Simmons Creek Lane Flower Mound, Tx. 75022-5495 Bus: (972) 355-8580 Home: 2018 Mobile: (972) 768-1713 Bus Fax: (972) 355-2902 E-mail: cross.country.corp@gmail.com Total Recreation - Crosswinds Contracting, Inc. (Les Shannon) 905 Sandy Beach Drive Conroe, TX 77304 Bus: (936) 522-8522 Home: 2018 Mobile: (936) 522-8522 E-mail: lesshannon@mac.com Total Recreation - DecorCrete, Inc. - Schaeffer, Charles 154 Oak Lane Chatham, La. 71226 Bus: (318) 249-2016 Home: 2018 Mobile: (832) 202-9838 E-mail: charlie@decorcrete.com Total Recreation - Indian Nations Ent - Liles, Mike Garvin / Jeff 10252 Mustang Run Forney, Tx. 75126 Bus: (214) 704-2115 Home: 2017 Mobile: (214) 704-2115 Bus Fax: (972) 564-5755 E-mail: jliles@gmail.com Total Recreation - Majestic Playground Services, LLC. Givens, Maury Scot 30274 White Egret Street Denham Springs, La. 70726 Bus: (225) 667-3062 Home: 2017 Mobile: (225) 937-0791 Bus Fax: (225) 667-3035 E-mail: scotgivens@cox.net Total Recreation - Paradigm Contracting, LLC. - Bergold, Helen 10719 Twilight Vista Austin, Tx. 78736 Bus: (512) 300-3636 Home: 2017 Mobile: (512) 300-3636 Bus Fax: (512) 692-2947 E-mail: helen@paradigmcontract.com Total Recreation - Pro Playground Installations, Inc - Schrock, Don 4 Wedgewood Blvd Conroe, Tx. 77304 Bus: (936) 443-7235 Home: 2018 Mobile: (936) 443-7235 Bus Fax: (936) 441-3341 E-mail: don@schrockenterprise.com Total Recreation - RGH Landscape, Inc. P.O. Box 51376 Amarillo, TX 79159 Bus: (806) 358-4222 Home: 2016 Mobile: (806) 674-2810 Bus Fax: (806) 358-4222 E-mail: rghalll@suddenlink.net Total Recreation - Simmons Builders General Contractor, Inc. 3804 Simmons Creek Lane Flower Mound, TX 75022-5495 Bus: (972) 355-8580 Home: 2018 Mobile: (972) 768-1719 Bus Fax: (972) 355-2902 E-mail: simmons.buildersgc@gmail.com E-mail 2: simmonsbuilders@comcast.net Total Recreation - Wade Contractors, Inc. 23024 Yupon Porter, TX 77365 Bus: (281) 354-1934 Home: 2018 Mobile: (281) 435-8004 Bus Fax: (501) 204-4034 E-mail: Wade Contractors, Inc Triple M Recreation - Four Rivers, LLC. - Leck, Kris 615 E. Walnut Street Deming, NM. 88030 Bus: (575) 494-5788 Home: 2018 Mobile: (575) 494-5788 E-mail: kris@lecklandscape.com Barr, Patricia 11 3/8/2017 11:36 AM t Triple M Recreation - Hansen & Prezzano Builders LLC PO Box 359 Peralta, NM 87042 Bus: (505) 865-3900 Home: 2018 Mobile: (505) 228-1130 Bus Fax: (505) 865-3922 E-mail: hansenprezzano@gwestoffice.net Triple M Recreation - Premier Construction Corporation 899 W. Daniel RD San Tan Valley, AZ 85143 Bus: (520) 429-5245 Home: 2018 Mobile: (520) 429-5245 Bus Fax: (520) 529-1301 E-mail: alex@premiercorp.us Triple M Recreation - Progressive Playgrounds, Inc. 12784 N. 3rd St. Paskes, CO 80134 Bus: (303) 805-8992 Home: 2014 Mobile: (303) 324-7900 Bus Fax: (303) 805-8991 E-mail: mkhickman@msn.com Triple M Recreation - Triclops Services, LLC 720 Austin Ave. #200 Erie, Co. 80516 Bus: (720) 323-8845 Home: 2017 Mobile: (720) 323-8845 Bus Fax: (303) 833-4460 E-mail: blake@irwin-companies.com W WI Playground - Captured Live 12 Narhaniel Chrichlow Drive Valsayn Trinida Bus: (868) 689-9896 Home: 2018 Mobile: (868) 689-9896 E-mail: capturedlivett@gmail.com Williams, David - C & W Construction 15743 Terramont NE Minerva, Oh. 44657 Bus: (330) 495-8590 Home: 2017 Mobile: (330) 495-8590 Bus Fax: (330) 821-4505 E-mail: charlie@cpsionline.com Williams, David - Playground Equipment Services, LLC 8510 Coyhill Lane Cincinnati, Ohio 45239 Bus: (513) 923-2333 Home: 2017 Mobile: (513) 236-6906 Bus Fax: (513) 923-2444 E-mail: eric@playgroundequipmentservices.com Williams, David - Walter Schunk Excavating & Trucking, Inc. P.O. Box 56 Miamitown, OH 45041 Bus: (513) 353-4760 Home: 2017 Mobile: (513) 659-9702 Bus Fax: (513) 738-0684 E-mail: toddschunk@yahoo.com Barr, Patricia 12 3/8/2017 11:36 AM Contract No. 2017001134 Vendor No. 121531 EXHIBIT D FREIGHT RATE SCHEDULES The following Freight Rate Schedules are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. 27 25 - Freight Rates Hugh McRae Park, Wilmington, NC Contract No. 2017001134 Vendor No. 121531 EXHIBIT E PRODUCT WARRANTIES The following Product Warranties are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. 28 PLAYcoRE- Building communities !/trough play. GameTime Division PlayCore Wisconsin, Inc. 150 PlayCore Drive, S.E. Fort Payne, Alabama 35967 Telephone: 256/845-5610 (GameTime] REQUEST FOR PROPOSAL 269-2017-028 File No. SECTION 20 WARRANTY DIRECTORY Provider 24.00 Warranty Directory 20.01 GameTime Playground Equipment 20.02 GTlmpax 20.03 GTShade 20.04 BigToys (and EaryWorks-NatureRocks) 20.05 Colorado Time Systems MultiSport Scoreboards 20.06 Colorado Time Systems Timing Systems 20.07 Dero 20.08 Everlast 20.09 GT Grandstands 20.10 Harmony 20.11 NRS 20.12 Power Systems 20.13 Spectrum Aquatics 20.14 The Fountain People 20.15 UltraPlay 20.16 UltraSite - UlraShade - UltraShelter 20.17 Water Odyssey Note: some warranties cover multiple product offerings [A CORE c.. 3/16/2017 RFP 269-2017-028 Page 20.1 u��i' �Aliri: j u% :iIk•♦.u ♦�6 *3 ki 1 Kg b• 1 kg i 150 PlayCore Drive, SE Fort Payne, Alabama 35967 Telephone: 256/845-5610 Facsimile: 256/845-9361 Email: service@gametime.com (GameTime) A PLAYCORE Company GAMETIME® WARRANTIES GameTime provides warranties on all materials and workmanship for one year, excluding vandalism. In addition, GameTime offers: • Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape° & IONiX° uprights. • Lifetime limited warranty on all hardware. • Lifetime limited warranty on GameTime PowerScape TruLoc® connections. • Lifetime limited warranty on PrimeTime and Xscape bolt -through connections. • Fifteen -Year limited warranty on metal decks, pipes, rungs, rails and loops. Fifteen -Year limited warranty on rotationally molded products. Five -Year limited warranty on glass fiber reinforced concrete PlayWorx structures. '' Five -Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures. '' Twenty -Year limited warranty on Timber Decor TM & Timbers recycled plastic lumber. " Five -Year limited warranty on nylon -covered cable net climbers and components. *' Ten -Year limited warranty on pressure -treated pine and redwood products. " Ten -Year limited warranty on Advanced, Elite & stationary Base Series posts & bars. • Ten -Year limited warranty on site furnishings. *' Ten -Year limited warranty on integrated GTShade® products. • Ten -Year limited warranty on fiberglass and DHPL signage. *' Five -Year limited warranty on Super Seats TM '' Three -Year limited warranty on SaddleMates® rubber and "C"-springs. '' One -Year limited warranty on all other GameTime products. All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are valid only if products are installed and maintained in accordance with GameTime instructions and use approved parts. Page 1 r ♦ t R�pu�kG-.KW•�1l� �p ui a ��`uaiuIt1ve����f�r• tAr. 4 r.• Engineered Wood Fiber Surfacing FIFTEEN YEAR LIMITED (PERFORMANCE) WARRANTY Effective June 1, 2008 GameTime warrants the GT Impax Engineered Wood Fiber Surfacing installation to the original purchaser for a period of fifteen (15) years from date of installation. This limited warranty applies only to GT Impax Engineered Wood Fiber Surfacing that has been approved for installation. Performance: In the event the Materials do not conform or perform as expected, the Limited Warranty shall be limited to replacement of the defective Materials in question, and shall not include installation or consequential damages or refund. This Limited Warranty does not cover normal wear. Conditions: This Limited Warranty is conditional upon the Surfacing being properly installed and maintained by the purchaser in accordance with written instructions provided by GameTime. What Is Covered? 1. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber surfacing system will meet ASTM F1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax Engineered Wood Fiber, 12 ft. for a 12 in. depth) for a period of fifteen (15) years from the date of installation, subject to the conditions and exclusions shown below. 2. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber Surfacing will be free from defects upon delivery, subject to the conditions and exclusions shown below. If the GT Impax Engineered Wood Fiber surfacing is defective within the applicable warranty period, GameTime will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time. Components used for replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event of a breach of warranty. FIFTEEN YEAR LIMITED (PERFORMANCE) WARRANTY EXCLUSIONS Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall have no responsibility with respect to damage resulting there from. In addition, changed impact attenuation characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is acts of God, or any other cause beyond the control of GameTime will not be covered by this limited warranty. NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN. THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. Warrantor: GameTime P.O. Box 680121, Fort Payne, AL 35968 800-235-2440 Order number: Name of project: Customer: Location: Date of installation: Representative: Recycled Shredded Rubber Surfacing WARRANTY GT Impax Loose Shredded Rubber Surfacing is manufactured from recycled automobile and truck tires and is guaranteed to meet or exceed the ASTM Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment Playground Surfacing Guidelines used by U.S. Consumer Products Safety Commission. GameTime warrants GT Impax Loose Shredded Rubber Surfacing against total color loss for eight years from the purchase date and in turn warrants the impact attenuation performance of this product for the lifetime of ownership (not to exceed fifty years), subject to the conditions and exclusions listed below. All product warranties are conditioned upon GT Impax Loose Shredded Rubber Surfacing being properly installed and maintained by the end -user in accordance with the installation and maintenance guidelines available from GameTime. GameTime's entire liability and the purchaser's sole remedy, in the unlikely event that GT Impax Loose Shredded Rubber Surfacing does not conform to this guarantee, shall be limited to the replacement of defective material and shall not include the removal costs or installation costs or consequential damages or refund No other guarantee or warranty is expressed, written or implied except stated herein. Vandalism, physical loss or any abnormal use shall void this warranty, and GameTime shall have no responsibility with respect to damage resulting there from. Additionally, this warranty shall be void if foreign materials that affect impact attenuation are deposited onto or into these products. Under no conditions shall GameTime be liable for any damages whatsoever arising from the use of or inability to use the aforementioned products, even if GameTime has been advised of the possibility of such loss. Warrantor: GameTime P.O. Box 680121, Fort Payne, AL 35968 800-235-2440 Order number: Name of project: Customer: Location: Date of Installation: Representative: (Gamelime) A PLAYCORE Company 10 YEAR LIMITED WARRANTY Playcore Inc. (the "Seller") warrants that the GT Impax Interlocking Tile safety surfacing system will be free from defects in material and workmanship. The Seller further warrants that the GT Impax Interlocking Tile safety surfacing system complies with the requirements of the ASTM F1292 Standard specification for impact attenuation of surface system under playground equipment. The Warranty Covers • Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface. • The locking system, installing the tile according to manufacture's specifications, will ensure that the surface will remain secure and functional. • The product will comply with the requirements of ASTM F1292-04 at the height the manufacture rated the GT Impax Interlocking tile system at the time of purchase. Duration of Warranty • This is a 10 year limited warranty, prorated as outlined in the schedule shown below. This warranty maybe transferred with the property. Terms of Warranty • Any segment of a GT Impax Interlocking Tile surface that meets the criteria will be repaired or replaced, at the Seller's option and in conjunction with the warranty coverage schedule below. Warranty Submittal Process • A warranty claim should be made directly to the Seller. All claim submittals will require the following information. Please provide a description of the claim defect and the date the defect was discovered, a photographic image if image (if applicable) of the claim defect, the date of the original installation, the project name and your name, address and phone numbers. The Seller will provide notification of any additional information and physical evidence that may be required to process your claim. Warranty Coverage Schedule • The Seller shall be responsible for the 100% of the cost of the repair or replacement of any product found to be defective or not in compliance with the warranty herein within the first six (6) years following the original shipment of the product. Where any product is found to be defective or not in compliance with the warranty herein more that six (6) years following the original shipment of the product, the Seller shall only be responsible for a portion of the cost of the repair or replacement of such products as follows ( and the buyer shall bear and pay the remaining portion of such cost): Number of years from date of original Percentage of purchase price of product shipment to date of claim for which Seller is responsible 0-6 100% More than 6, less than 7 . 60% More than 7, less than 8 40% More than 8, less than 9 30% More than 9, less than 10 20% Warranty Exclusions This warranty dose not cover: • Product failure caused by accidents, misuse, natural disaster, vandalism, improper installation or maintenance and the like (see installation, care and maintenance instructions) • Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic • Failure due to improper sub -surface preparation • Resilient flooring may suffer visible damage as a result of extreme high forces (up to2000 pound per square inch). Common contributors of this type of force include but are not limited to stiletto or high heels, as well as narrow tipped chair supports. GT Impax Interlocking Tile resilient surfacing is not designed to perform under such concentrated high pressure. Playcore will not accept claims for damage caused by extreme high force. Additional Consideration The Seller's liability is limited to the material and transportation cost of the repair or replacement of the product at the Seller's option. The Seller shall be responsible for the installation cost and the cost of other work in connection with the repair and replacement only if such work was performed by Seller in the original installation. Where GT Impax Interlocking Tile are installed only in high traffic areas or installed in combination with other surfacing products not sold by the Seller, such GT Impax Interlocking Tiles are excluded from this warranty. • In the event of repair, replacement, or refinishing under this warranty, the warranty applicable to the replacement material or to the repaired or refinished product will extend only for the time remaining under the original warranty. • The Seller reserves the right to discontinue or change any design or color of any product at any time and without notice or liability. If, for any reason, products of the type originally purchased are no longer available at the time a warranty claim is made, Seller may substitute another product determined by Seller to be of comparable quality and price. • THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARITCULAR PURPOSE. • Your exclusive remedy for any breach of warranty is as set forth in the warranty. This warranty gives you specific legal rights. You may have other rights which vary from state to state. �TIMPA POURED� TM Recycled Poured Rubber Surfacing POURED IN PLACE (PIP) WARRANTY Plav2round Equipment GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of five (5) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract. Water Play Equipment GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of three (3) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract. Water Play Equipment Only: If aliphatic binder is not used, poured rubber surfacing (PIP) will carry a maximum one-year (1) warranty. This limited warranty includes GameTime's obligation to only repair and/or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area or failed areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of the GT Impax recycled poured rubber degradation. GameTime is under no obligation or responsibility to repair and/or replace the GT Impax recycled poured rubber "PIP" surface if damaged during the curing process (Unless specified in contract), damage by vandalism (including stains, cuts, burns, gouges, etc.), product misuse, abuse or alteration, improper slab or base or sub -base design or construction, improper drainage, improper or lack of specified required maintenance, any foreign residue that may be deposited on the surface, normal wear and tear (including slight color variations, and color fading), damage from sharp objects (high heels, spikes, etc.), problems caused by moisture, alkali, hydrostatic pressure, cracking, shifting, or lifting of the substrate, or acts of God. All warranty claims shall be made in writing to GameTime within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, photos of the failed area and a request for a warranty claim meeting with GameTime at the installation site (if applicable). GameTime shall not be responsible for warranty claims for any notices received from the Owner after thirty (30) days of Owner's first knowledge of the failure. I oft Recycled Poured Rubber Surfacing Warranty GameTime shall determine the validity of all claims after sufficient evidence has been gathered. GameTime shall then replace, repair or make a refund for any claims validated by it. Any refund, credit or allowance provided to the Owner on a warranty claim is exercisable only if said allowance is used to accommodate replacement with a GT Impax recycled poured rubber surface. Any dispute as to whether and to what extent there is a GT Impax recycled poured rubber surfacing failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between GameTime and owner in order to achieve a mutually agreeable solution. If such a solution cannot be reached within thirty (30) days, then either the Owner of GameTime shall submit the matter to an arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of said American Arbitration Association. The decision of said arbitrator shall be binding on both parties. This limited warranty is exclusive of the underlying material (e.g. existing surface, existing or new asphalt, concrete, base, sub -base or sub -grade). If the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), then GameTime warranty shall be rendered invalid. If the underlying material is concrete, a "curing agent" is NOT allowed, as it will probably cause delamination of the GT Impax recycled poured rubber. Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. WARNING: Surface temperatures can prove dangerous under warm weather conditions. Shoes and/or socks must be worn during warm weather conditions. Owner agrees that it will not, under any circumstances, make alterations to the GT Impax recycled poured rubber surface without the written authorization of GameTime. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for the GT Impax recycled poured rubber surfacing and shall also give rise to the duty of the Owner to hold harmless, defend and indemnify GameTime from any claim, suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration. This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Owner. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the GameTime Maintenance Guidelines provided by GameTime. Owner agrees that in no event shall GameTime have any liability to Owner for loss of use or loss of profits or any form of consequential damages. NOTE: The following chemicals can cause potential damage to the GT Impax recycled poured rubber and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, weak acids and organic solvents. If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract, the limited warranty is automatically voided. Any damages to the surface during the curing period will be repaired or paid for at the Owner's expense. This limited warranty does not lessen or eliminate any other contractual obligation of Owner to GameTime. Warrantor: GameTime P. O. Box 680121, Fort Payne, AL 35968 800-235-2440 Order number: Name of project: Customer: Location: Date of installation: Representative: Date 1 of2 Turf Product Specification PART 1 — GENERAL Work Details: Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following: Synthetic Grass: consisting of fibers that are nominal 1 3/4 inch long. Turf fiber construction consisting of polyethylene monofilament and texturized polypropylene thatch tufted to a 2-layer stabilized woven polypropylene fabric (primary backing), with a secondary backing (stitch binder) of urethane or Duraflo. (GT Impax Turf TM synthetic turf or equivalent). Pad Underlayment System A: consisting of porous closed cell composite materials. Thickness and density of panels shall be sufficient so that system meets the fall height requirements. GT Impax Turf TM Pad or equivalent. Pad Underlayment System B: consisting of 50% recycled tire buffings / 50% recycled %" — %z" (inch) chunk rubber mixed with a urethane binder (min. 10%). Synthetic Grass Infill: consisting of anti -microbial acrylic coated round silica particles, designed to provide the look, feel, and performance of optimally maintained natural grass. GT Impax Turf TM Infill or equivalent. Quality Assurance and Compliance Details: Impact Attenuation — ASTMF1292-04: Impact attenuation test results will be provided to the owner or owner's representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (G- max and Head Injury Criteria (HIC). Accessibility of Surface Systems — ASTMF1951-08: All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act. Flammability of Finished Floor cover — ASTMD2859: Product shall meet requirements of ASTM D2859. IPEMA Certification: Manufacturer must provide proof of certification. "In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer's certification of conformance to ASTM F1292-04. A list of current validated products, their thickness and critical heights may be viewed at www.ipema.org." PART 1 — GENERAL (Continued) Submittal Details: General: Submit listed submittals in accordance with Conditions of the Contract and Submittal Procedures Section. Product Data: Submit manufacturer's product data and installation instructions. Verification Samples: Submit manufacturer's standard verification samples of 6" x 9" (153 mm x 229 mm) minimum. Quality Assurance/Control Submittals: Submit the following: Certificate of qualifications of the playground surfacing installer. Closeout Submittals: Submit the following: Warranty documents specified herein. PART 2 — MATERIAL DATA: Synthetic Grass: 1 % inch GT Impax Turf TM from Gametime or approved equal Face Weight: • GT Impax Turf TM 50 oz/sy • GT Impax Turf TM Elite 80 oz/sy Face Yarn Type: Polyethylene Yarn Size: 4200/9000 Pile Height: • GT Impax Turf TM 1 3/4 inches • GT Impax Turf TM Elite 1 3/4 inches Color: Blend Construction: Broadloom tufted Stitch Rate: 8 per 3 inches Tufting Gauge: 1/4" Primary Backing: Stabilized woven Polypropylene (double thickness) Secondary Backing: 20 oz. Urethane or DuraFlo Total Product Weight: • GT Impax Turf TM 69.7 oz/sy • GT Impax Turf"M 99.7oz/sy Finished Roll Width" 15 feet PART 2 — MATERIAL DATA (Continued): Pad Underlayment System A: GT Impax Turf TM Pad Standard recycled, non contaminated, Post industrial cross-link, closed cell Polyethylene — polyolefin foam pad from Gametime Pad Underlayment System: Foam Type: Polyethylene — polyolefin Bulk Density: 4.0-6.0 lb/cu ft Effective Size: 24 sq ft (net coverage) Tensile Strength: 80 - 120 psi Pad Underlayment System B: 50% recycled tire buffings / 50% recycled'/a" — %2" (inch) chunk rubber mixed with a urethane binder (min. 10%). Synthetic Grass Infill: GT Impax Turf TM infill from Gametime or approved equal Coating: Priority acrylic, iron oxide and chromium oxide Grain shape: 7.0 Mohs Curvature: .65 Specific Gravity: 2.65 g/cm3 Bulk Density: 92-95 lb/cu ft Uniform coefficient: 1.00 to 1.40 Effective Size: .90 - .95 mm Blend rate: 3 to 4 lb per square foot. Splicing Material: 1000 denier coated nylon (Cordura®) 12" wide minimum. Adhesive: Synthetic Turf Adhesive PART 3 — SUB -BASE TYPES AND DETAILS Sub -base Requirements - The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' straight edge. Stone — The density requirement is 90% to 95% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. A compaction test is required and must be submitted to GameTime prior to installation of turf surfacing. Failure to provide proof of compaction test will void 5-year warranty of turf surfacing should signs of sub -base failure occurs. PART 3 — SUB -BASE TYPES AND DETAILS (Continued) Depth: 4 inch minimum thickness. Slope: Stone elevation shall maintain '/a" per foot toward low end. Porosity: Base course shall maintain porosity for direct drainage. Enclosure: Stone base course must be surrounded by a retaining curb. Drainage: Subsurface drainage is recommended under and around a stone base. Perforated pipe or similar system is acceptable. Tolerances: '/a" in any 10-foot direction and 1/8" in any 3-foot direction. Stone Selection: It is critical that different size stones are used so that the base shall be uniformly mixed. The material shall be wetted during mixing operations if necessary for proper blending. Stone Graduation U.S. Sieve Percent Passing 1" 100 3/4" 90 - 100 No. 4 35 - 60 No. 30 10 - 30 No. 200 2 - 9 Concrete or Asphalt — Concrete should be finished with a medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time requires fourteen (14) days. Once the new asphalt has cured, it must be pressured washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to arrival of turf installation crews. Depth: 4 inch minimum thickness. Slope: Concrete or asphalt shall maintain 1/4" per foot. Tolerance: Concrete must maintain a tolerance of 1/8" in 10 ft. to avoid low areas that will hold water under the turf. PART 4 — SITE PREPARATION AND REQUIREMENTS Drainage — Having proper drainage at the low end of the concrete slab is of utmost importance. Any brick walls or curbs at the low end of the slab shall have drainage access through weep holes. Concrete curbing weep holes should be level with finish grade of sub -base or a minimum of 1/8" below top of concrete slab, as GT IMPAX turf surfacing is porous and water drains immediately through it. Weep holes shall be 2" high and 3" wide and shall be installed every three (3) feet. If weep holes are smaller than the recommended size, they shall be installed every 18". Floor drains shall be located outside the high impact areas, as the drains may not be covered with GT IMPAX turf surfacing. Recommended locations for drains are under play unit or against low -end wall or curb. Security & Waste Disposal — Surface installation crew shall be responsible for the protection of surface during the installation process while on site only. Owner or general contractor shall be responsible for the protection of the surface during the curing period upon completion of the installation and overnight during the installation. Owner or general contractor shall be responsible for having a dumpster on site for all waste and debris. Failure to provide security and a dumpster will result in additional cost. Utilities & Access — Power and water must be available within 300 feet of installation. Site will require tractor -trailer access. In a case where tractor -trailer access is not possible, owner or general contractor shall be responsible for transporting materials from delivering carrier to the installation site. PART 5 — INSTALLATION General: The area to be smooth and graded to allow proper drainage. Refer to grading plan. The overall grade of the playground is not to exceed 3%. Compacted Aggregate Base: Place 4 inches of aggregate base as leveling layer compacted to 90% of max density per AASHTO T99. Compaction shall be done with mechanical compactors, including vibratory compactors, and/or powered tampers, and rollers. Aggregate size should be 3/4" minus (compactable). Synthetic Grass: Place turf and cut to fit configuration as shown on Drawings. Splice seams. All seams must be attached with splicing film/fabric and adhesive as approved by the manufacturer for this type of installation of their product. Infill: Apply layers of synthetic grass infill evenly with a spreader and broom the turf fibers with stiff bristle broom to stand fibers up and allow infill to settle into the bottom. Broom in GT Impax Turf TM infill approximately 3 to 4 pounds per square foot. *(infill is only required on the 60 oz. Dura Series. 80 oz Ultra Series does require limited to no infill. Manufacturer always recommends at least a pound of infill per sq foot) Anchoring/Edging: Edges of turf will be secured to ground with mechanical fasteners, stakes or edging. PART 6 — WARRANTY Gametime offers a 5 year limited product warranty on GT Impax Turf from the date of purchase. The product shall be free from defects in material and workmanship resulting in color loss. Supplier's warranty excludes: any Product defect, damage or failure that is the direct result of Product abuse, misuse or negligent maintenance; and Product damage caused directly or indirectly by acts of third parties, including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub -surface preparation and/or installation, improper cleaning methods, and acts of God. Ask your GameTime representative for a copy of our full GT Impax turf warranty details. PART 7 — MAINTENANCE Ask your GameTime representative for a copy of our full GT Impax turf maintenance details. Warranty GameTime provides a ten-year limited warranty on all fabric canopies against tears, runs, cracking and mildew. GameTime provides a ten-year limited warranty on all fabric colors against fading except for red, which carries a three-year warranty. GameTime provides a 90 MPH (miles per hour) limited warranty on the fabric canopy against wind. The fabric canopy is to be removed if winds are expected to exceed 90 miles per hour. GameTime provides a 10 to 20 pound per square foot limited warranty on the fabric canopy against snow and ice. The fabric is to be removed during Winter months when snow and ice is expected. GameTime provides a ten-year limited warranty on all metal upright posts and support structure framing against failure due to structural integrity. GameTime provides a one-year limited warranty against rusting and workmanship of painted surfaces. GameTime provides a 90, 110 or 140 MPH (miles per hour) limited warranty on all metal upright posts and support structure framing. These calculations are with fabric canopy installed. Removing the fabric canopy will assist the metal structure to withstand higher winds by 10 to 20 MPH (miles per hour). Above warranties are valid from the date of shipment. All Game Time warranties will be void if damage to or failure to the shade fabric is caused by contact with chemicals, misuse, vandalism, any act of God, including but not limited to, ice, tnow or wind in excess of the applicable building code parameters. All GameTime warranties are invalid if the fabric is installed on structures other than GTShade, if changes or field modifications are made without written authorization from GameTime or if the product isn't installed or maintained in strict compliance with the manufacturer's specifications. GameTime warranties do not cover the cost of removals, replacements or repairs. 1 All warranty claims must be filed in writing within the warranty period. To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty. To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to: GameTime Customer Service P. O. Box 680121 Fort Payne, AL 35968 Or Contact Your Local Representative at: USA 1-800-235-2440 International 01-256-845-5610 Within 60 days of notice of claim under warranty, GameTime will make arrangements to replace the damaged product. GameTime will cover freight costs within the Continental United States. GameTime is not responsible for freight cost associated with products located outside the Continental United States. GameTime reserves the right to inspect all products identified as damaged. Since warranty limitations and exclusions may vary from state to state, you should check any specific rights in your state. GameTime P. O. Box 680121 Fort Payne, AL 35968 Fax: 256-997-9653 Email: service a(�gametime.com See GameTime on the web at www.gametime.com (Game m Enriching Childhood Through Play. 2 BigToys & EarlyWorks Environments Limited Warranty 2017 BigToys ea rlyr rks '' environments A PLA,YCORE Company LIMITED WARRANTY ON BIGTOYS BigToys provides a lifetime limited warranty on BigToys: a fifty-year limited warranty on recycled plastic lumber including solid recycled plastic decking, enclosure and roof components; a fifteen -year limited warranty on pipes, rails, loops, and rungs; a lifetime limited warranty on metal upright posts; and a one-year limited warranty on powder coated parts. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. Lifetime warranty covers the life of the product as defined below and cover the product under normal use, proper maintenance and at original installation location; see exclusions. LIFETIME LIMITED WARRANTY ON HARDWARE BigToys provides a lifetime warranty against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware again rust; and a one-year limited warranty on hardware against rust; see exclusions. All testing of BigToys hardware is performed under the guidelines of ASTM B117. The lifetime warranty refers to life of the product as defined below and covers the product under normal use and proper maintenance. The cost of the replacement due to scratching or cutting of certain hardware plating is not included in this warranty. LIMITED WARRANTY ON INTEGRATED SHADE PRODUCTS BigToys provides a ten-year limited warranty on fabric canopies against tears, runs, cracking, mildew and color fading except for red, which has a three-year color warranty. Canopies have a limited warranty against structural failure due to wind of up to 90 miles per hour (mph) and structural failure due to snow and ice loading exceeding five pounds per square foot. Fabric canopies are to be removed if winds are expected to exceed 90 mph or when snow or ice is expected. Fabric warranty does not cover damage resulting from chemical contact. All metal upright posts and support structure framing have a ten-year limited warranty against becoming structurally unfit for the intended and a one-year limited warranty against rusting and workmanship of painted surfaces. Warranty is limited to winds of up to 90 mph when fabric canopies are installed (wind resistance improves 10 to 20 mph without canopies). 1 BigToys & EarlyWorks Environments Limited Warranty2017 FIFTEEN -YEAR LIMITED WARRANTY ON ROTOMOLDED PRODUCTS BigToys provides a fifteen -year limited warranty on rotomolded products and ten-year limited warranty on polyethylene handholds for structural integrity against damage due to breaking or splitting under normal use that causes the product to become structurally unfit for its intended use; see exclusions. In the event of a claim under this warranty, BigToys will replace the rotomolded product at no cost to the customer. LIMITED WARRANTY ON CONDITIONED WOOD BigToys provides a fifteen -year limited warranty on conditioned wood components including decks, enclosures and roofs and on conditioned wood uprights utilizing metal footings; and an eight year limited warranty on conditioned uprights without metal footings against structural failure due to deterioration from fungi or insects that render the product to become unfit for its intended use; see exclusions. LIMITED WARRANTY ON NET CLIMBERS AND COMPONENTS BigToys provides a five-year limited warranty on nylon -covered cable net climbers and components against structural failure caused by cable breakage; a five-year limited warranty on nylon -covered cable wear and deterioration resulting from defects in material and workmanship; and a one-year limited warranty on nylon rope products. These warranties cover damage due to failure that cause the product to become structurally unfit for the intended use; see exclusions. LIMITED WARRANTY ON SITE FURNISHINGS BigToys provides a ten-year limited warranty on site furnishings against structural failure and a one-year limited warranty on powder coating. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for the intended use; see exclusions. LIMITED WARRANTY ON FIBERGLASS SIGNAGE AND HDPE PANELS BigToys provides a ten-year limited warranty on fiberglass sign panels against delaminating or fading and a five-year warranty on high density polyethylene (HDPE) panels against degradation and discoloration. FIVE-YEAR LIMITED WARRANTY ON BELT AND INFANT SWING SEATS BigToys provides a five-year limited warranty on belt and infant swing seats against structural failure that causes the seats to become unfit for its intended use; see exclusions. 21 BigToys & EarlyWorks Environments Limited Warranty 2017 FIVE-YEAR LIMITED WARRANTY ON FREENOTES INSTRUMENTS AND POSTS Freenotes Harmony Parks instruments and posts carry a five-year limited warranty against failures in manufacturing or materials. TWO-YEAR LIMITED WARRANTY ON MOVEABLE PARTS BigToys provides a two-year limited warranty on moveable plastic and metal with respect to failure due to material or production defects. ONE-YEAR LIMITED WARRANTY ON ALL OTHER BIGTOYS PRODUCTS Products included in the BigToys catalog that are manufactured by other PlayCore companies, including but not limited to UltraSite, UltraPlay, UltraShade and UltraShelter, will maintain the warranty of each respective brand. For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defect in material and manufacturing workmanship. The warranty is not effective if products have not been installed properly according to the instructions provided by BigToys, or maintained correctly according to the BigToys Maintenance Manual. BigToys excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood. The warranty does not cover normal wear and tear, surface corrosion on metal parts, discolored surfaces and other cosmetic issues or failures due to misuse or vandalism. 3 I BigToys & EarlyWorks Environments Limited Warranty 12017 To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty. Claim Procedure To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to: BigToys Customer Service P.O. Box 680121 Fort Payne, AL 35968 Or Contact you local Representative at USA 1-866-814-8697 Within 60 days of notice of claim under warranty, BigToys will make arrangements to replace the damaged product. BigToys will cover freight costs within the continental United States. BigToys is not responsible for freight costs associated with products located outside the continental United States. BigToys reserves the right to inspect all products identified as damaged. Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state. 4 ISO 9001 CERTIFIED See BigToys on the web at www.bigtoys.com 1400141004 CERTIFIED INTERNATIONAL PLAY EQUIPMENT MANUFACTURERS ASSOCIATION MEMBER 111 COLOR d0 TIME STEMS 416 • PLAYCORE COMPAnY MULTISPORT SCOREBOARD & CONTROLLER WARRANTY AND LIMITATION OF LIABILITY This Warranty and Limitation of Liability (the "Warranty") sets forth the warranty provided by Colorado Time Systems (Seller) with respect to Multisport Equipment. By accepting delivery of the Equipment, Purchaser agrees to be bound by and accept these terms and conditions. All defined terms within the Warranty shall have the same meaning and definition as provided in the Agreement. 1. Scoreboard Warranty Coverage a. Seller warrants that models: BB-xxxx, BK-xxxx, CM-xxxx, FB-xxxx, CLK-xxxx, CR-xxxx, HK-xxxx, LX-xxxx, and SC-xxxx series of scoreboards will be free from defects in materials and workmanship for a period of five (5) years (the "Warranty Period"). The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the scoreboard, or 3 months after shipment. b. Seller's sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller's option either on -site or upon return thereof to Seller. Return transportation charges shall be pre -paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser. c. Defects shall be defined as follows. With regard to the Scoreboards (excepting LEDs), a "Defect" shall refer to a material variance from the design specifications that prohibit the Scoreboard from operating for its intended use. With respect to LEDs, "Defects" are defined as LED pixels that cease to emit light. The limited warranty provided does not impose any duty or liability upon Seller for partial LED pixel degradation. Nor does the limited warranty provide for the replacement or installation of communication methods including but not limited to: wire, fiber optic cable, conduit, or trenching for the purpose of overcoming local site interference radio equipment substitutions. 2. Controller Warranty Coverage a. Seller warrants that wireless controller models: WHC-1 and WTTC-1 will be free from defects in materials and workmanship for two (2) years (the "Warranty Period"). The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the controller, or 3 months after shipment. b. Seller's sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller's option either on -site or upon return thereof to Seller. Return transportation charges shall be pre -paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser. 3. Conditions and Limitations 1551 E 11th Street, Loveland, CO 80537 USA • +1(970)667-1000 • (800)279-0111 • +1(970)667-5876(fax) www.coloradotime.com - rev 06/13 a. This warranty covers equipment provided under agreement by Seller only. Seller reserves the right to use new or equivalent to new parts in the service of its products. This warranty does not apply to independent third party installation or service labor. It does not provide routine or emergency maintenance services. It does not apply to normal LED degradation, or replacement of batteries. b. Said warranty shall not apply to resulting damage in any of the following cases: i. Neglect, abuse or damage caused by user including failure to operate and maintain according to end -user documentation furnished with the product. ii. Improper storage, installation, maintenance or servicing of the equipment by anyone other than Seller or an Authorized Seller's representative. iii. Improper environmental control (storage and/or use) of electronic equipment. iv. Power surges, water damage, lightning or other "acts of nature." v. Vandalism or acts of terrorism or war. vi. Excessive application of electrical power or improper power connection. vii. Removal of warning labels and protection devices. viii. Installing non -factory replacement parts. ix. Use of high-pressure washers or exposure to concentrated detergents or other chemical agents or solvents. c. Disclaimer i. Said warranty is in lieu of all other warranties of Seller, express or implied, and except to the extent herein provided, Seller does not make any warranty whatsoever to Purchase including, without limitation, any warranty of merchantability or fitness for any particular use or purpose. Seller's entire liability and Purchaser's exclusive remedy for damages from any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the purchase price of the Equipment. The foregoing limitation of liability will not apply to claims by Purchaser for bodily injury or damage to real property or tangible personal property for which Seller is legally liable. In no event shall Seller be liable for any special, punitive, or consequential damages or lost profits even if Seller has been advised of the possibility of such damages. Seller will not be liable for any claim by Purchaser based on any third party claim. 1551 E 11th Street, Loveland, CO 80537 USA • +1(970)667-1000 • (800)279-0111 • +1(970)667-5876(fax) www.coloradotime.com — rev 06/13 Equipment Warranty Colorado Time Systems warrants the following products against any defects in materials and workmanship affecting electronic and mechanical performance for two years from the date of purchase: Timing Consoles, Start Systems,Touchpads, Relay Judging Platform, Shot Clocks, Pace Clocks, LED and Light Reflective Scoreboards, and Matrix Displays. Colorado Time Systems warrants Titanium Deckplates against any defects in materials and workmanship for five years from the date of purchase. All other components associated with the above equipment including cable harness, deckplates (excluding Titanium Deckplates), wallplates, push buttons, test meters, microphones, speakers, data cable, etc. will have a one-year limited warranty. Dolphin Wireless Stopwatch Systems are also warranted for one year; not including the batteries. Any computer equipment associated with the above products has a six-month limited warranty. Colorado Time Systems' products, when properly installed, are warranted not to fail due to defects in materials and workmanship. This warranty is limited to the original purchaser of the product and is not transferable. Colorado Time Systems will, at its option, repair or replace the defective product at no additional charge except as set forth below. Repaired components, parts, and replacement products will be furnished on an exchange basis and will be either reconditioned or new. All replaced parts and products become the property of Colorado Time Systems. This limited warranty does not include service to repair damage to the product due to the modification of the product, misuse, abuse, neglect, negligence, vandalism, accident, or abnormal conditions including: war, flood, accident, lightning or other acts of God or damage caused by occurrences over which Colorado Time Systems has no control. Limited Warranty service may be obtained by delivering the product or component part to Colorado Time Systems. You agree to insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the service location, and to use the original shipping container or equivalent. Repaired products will be returned to you by surface delivery at Colorado Time Systems' expense or by air freight at the buyer's expense. On -site service calls are available for a fee. All expressed and implied warranties for these products including the warranties of merchantability and fitness for a particular purpose are limited in duration to a period of two years (or one year, as applicable), from the date of purchase and no warranties, whether expressed or implied, will apply after this period. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. If the product is not in good working order as warranted above, your sole remedy shall be repair or replacement as provided above. In no such event will Colorado Time Systems be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages arising out of the inability to use the product, even if Colorado Time Systems has been advised of the possibility of such damages or for any claim by any other party. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty give you specific legal rights, and you may also have other rights which may vary from state to state. Rev 02/ 16 lIIII/jam CO OR d0 TIMt S STEMS //'b A 'LA CORE Company Colorado Time Systems 11551 E 11th St. I Loveland, CO 80537 I USA I +1(970)667-1000 I +1(970)667-5876 (fax) i www.coloradotime.com I (800)279-0111 pLA,'coRE WARRANTY Dero will warrant its products against defects in workmanship and materials for a period of (12) months from the date of delivery for all products consisting of TGIC powder coat, Thermoplastic powder coat, stainless steel finishes, and for a period of two years on products consisting of galvanized or Thermoplastic/PVC rubber dip over galvanized finishes. Under this warranty, Dero's liability is limited to repair or replacement, at Dero's option, of products found in Dero's reasonable judgment to have been defective in workmanship or materials. This warranty does not cover failure due to negligence, abuse, vandalism, accidents, lack of maintenance, or improper installation; nor does it cover defects or failure due to products tampered with, altered, modified or repaired by anyone not approved by Dero. The air pump for the Dero Air Kit 1 is warranted for above freezing temperatures. The air pump is not warranted in below freezing temperatures and it is strongly recommended that air pumps are removed and stored indoors during periods of below freezing temperatures. There is a six month warranty period for the pump, parts and gaskets. Acts of God, improper use or vandalism are not covered by this warranty The Dero Air Kit 2 and Air Kit 3 are warranted for temperatures ranging from -30 — 110 degrees. There is a one year warranty period for the pump, parts and gaskets, and a six-month warranty on the hose and pumphead. Acts of God, improper use or vandalism are not covered by this warranty Dero will assume transportation charges for return of the defective product if returned by the buyer in accordance with written instructions from Dero. Dero will not be responsible for providing the cost of labor for removal or installation of the defective product or any replacement. In no event shall Dero be liable for special, inherent or consequential damages, including, without limitation, loss of use or profits. Proof of sale from Dero or from an approved dealer is required. The foregoing warranty is exclusive and is given and accepted in lieu of any and all other warranties, expressed or implied, including, without limitation, the implied warranties of merchantability and fitness. The remedies of buyer for any breach of warranty shall be limited to those provided herein. No agreement varying or extending the foregoing warranty will be binding upon Dero unless it is in writing and signed by a duly authorized officer of Dero. Any questions regarding this warranty should be directed to: Dero 504 Malcolm Ave SE Suite 100 Minneapolis, MN 55414 Toll free 888-337-6729 www.dero.com III LIMITED WARRANTY Everlast Climbing Industries, Inc. ("ECI") warrants to the original purchaser that products from ECI will be free from defects in materials and workmanship for a period of one full year from the date of purchase, normal wear and tear excepted. Should the products purchased directly from ECI, or authorized partners, fail to conform to this warranty during this one year warranty period, ECI will, at its option, repair or replace the faulty unit(s) at no additional charge. This limited warranty does not include service to repair damage to the products purchased from ECI, or authorized partners, resulting from a cause other than defect or malfunction, including neglect, accident, unreasonable use or servicing or modification by anyone other than ECI. EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS PURCHASED FROM ECI ARE SOLD "AS IS." ECI MAKES NO WARRANTIES EXPRESS OR IMPLIED HEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Warranty service may be obtained by contacting ECI in writing at the address shown below within one year of original purchase and providing proof of purchase date. You, the original purchaser, agree to pay the cost for ECI to ascertain that damages have occurred. For further information, contact: Everlast Climbing Industries, Inc., 1335 Mendota Heights Road, Mendota Heights, MN 55120 Phone: (651) 665-9131 Toll Free: (800) 476-7366 All warranties on the products purchased from ECI are limited to one year from the date of purchase. Failure to install and maintain products according to ECI's Installation and/or Maintenance Instructions will void this warranty. Any modifications or changes to the product's panels, wall products or hand holds, without ECI's express written approval, will void this warranty. If the product does not conform with the warranties given as stated above, your remedy is to have the unit repaired or replaced as provided above. In no event will ECI be liable for any loss or damage, including damages of any kind arising out of the use of or inability to use this product, for incidental or consequential damages, or for any claim by anyone other than you, the original purchaser. Some states do not allow limitations on warranties and do not allow the exclusion or limitation of incidental or consequential damages, so any such limitation or exclusion may not apply to you. This warranty gives you specific legal rights which may vary from state to state. Purchasing Entity: Purchase Date: * Keep this document for your records and proof of warranty. (--. -J GT GRANDSTANDS LA CORE Company NR - SERIES — ALUMINUM ANGLE FRAME MANUFACTURER: GT Grandstands, Inc., 2810 Sydney Road, Plant City, FL 33566, Ph (866) 550- 5511, Fax (813) 305-1419 DESIGN: The bleachers shall be designed to support, in addition to their own weight, a uniformly distributed live load of not less than 100 psf of gross horizontal projection of the bleachers. All seat and foot plank members shall be designed to accommodate 200 plf across a 6' span with a maximum deflection of 9/16". The bleachers shall be designed to resist, with or without a live load, a horizontal wind Toad of 30 psf of gross vertical projection. In addition to the live load, the bleachers shall be designed to resist the following sway forces: (1) 24 plf of seat plank in a direction parallel to the length of the seat, and (2) 10 plf of seat plank in a direction perpendicular to the length of the seat. Under these loads, stresses in aluminum members and connections shall not exceed those specified for Building Type Structures by the Aluminum Association. CONSTRUCTION: The understructure, including crossbracing, shall be of a welded, aluminum angle (6061- T6 alloy, mill finish) construction. The understructure of each unit shall consist of frames spaced at 6' centers joined by crossbracing at adequate points to comply with the design Toads. FRAME MEMBER SIZES: Seat Posts: 3" x 2"x 3/16" min. (Row 2) 1 3/4" x 1 3/4" x 3/16" min. (All other rows) Foot Brackets: 2" x 2" x 3/16" min. Crossbracing: 1 1/2" x 1 1/2" x 3/16" min. Bottom Runners: 2" x 2" x 3/16" min. DIMENSIONS: The rise per row shall be 7", seat height 16" above respective tread, and tread depth per row of 24". Overall depth of unit is 2' 9-5/8". Clear width of unit is 15'. Top row seat height is 1'-11". SEAT PLANKS: Seat planks shall be 2"x10" nominal, extruded 6063-T6 aluminum alloy with a clear anodized finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075" wall with two internal legs.). TREAD PLANKS: Tread planks shall be of one 2"x10" nominal, extruded 6063-T6 aluminum alloy with a mill finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075" wall with two internal legs.). ALUMINUM PLANK HARDWARE: Tie -down assemblies consisting of a four-way adjustable aluminum clip, with galvanized bolt with nut and washer shall be provided for each connection point at each support. WARRANTY: GT Grandstands warrants to the Buyer that its bleachers shall be free from defects in material and workmanship under normal use for a period of five (5) years provided they are installed per GT Grandstands installation instructions and that component parts supplied by GT Grandstands are used. GT Grandstands' obligation under this warranty shall be limited to repair and exchange of any such item, which may prove defective under normal use (vandalism and premeditated damage excluded) during such period. GT Grandstands will release the warranty documents to the buyer only after the Buyer has paid GT Grandstands in full the final contracted amount. Kj,Freenotes im rmony Outdoor Park,Musical Instrumens Freenotes Harmony Park Warranty Our Outdoor Musical Instruments are designed for durability and playability. We are confident that they will withstand all types of normal weather conditions and normal frequent play. They will never need re -tuning and can be enjoyed by all, any age or ability. All Freenotes Harmony Park ("FHP") instruments will be built to our documented procedures and with the highest quality. Our warranty provides that our products will be free of defects in manufacturing and material. Warranty begins on date of shipment. If any failures in manufacturing or materials occur within the applicable warranty period, FHP will provide replacement parts or products as determined by FHP within 30 days after written notification. All FHP products carry a 5-year limited warranty on all standard/stock instruments and posts. All custom instruments and posts carry a 90 day warranty. This warranty is valid for purchases on or after January 1, 2016. This warranty is valid only if the mounting/assembly and ground/foundation works are carried out as described in the Installation Instructions of your FHP products and maintained according to the maintenance instructions provided by FHP. For all warranty issues it is the responsibility of the customer to cover all shipping costs, when necessary, for warranty items. FHP will not be responsible for providing labor or labor costs for the replacement of products or parts. All replacement parts or products will be covered for the duration of the original warranty. All products must be inspected immediately upon arrival. It is your responsibility to note any shipping damage on all copies of shipping paperwork. You must report any damage within 48 hours to Freenotes Harmony Park or to your FHP distributor. Damage not reported within this time frame cannot be covered under warranty. FHP cannot warrant against: Theft, vandalism, misuse, negligence or accident. Scratches on paint, aluminum, or any finishes. Cosmetic issues or wear and tear from normal use. 194 Bodo Dr. Suite F, Durango, CO 81303, P: (970) 375-7825, F: (970) 247-0856 5-YEAR RRRRNTY Aluminum planks covered against blistering, cracking, peeling or flaking due to weather, temperature changes, continued exposure to rain, snow or U.V. rays from the sun. 1 Year Warranty - failure of structural strength of any framework component. For full warranty information visit: bleachers.net RS National Recreation Systems A I LA,i CORE Company 5120 Investment Drive, Fort Wayne, IN 46808 Toll Free (888)-568-9064 Fax (260)-482-7449 E-mail: sales@bleachers.net Online: www.bleachers.net OWER SYSTEMS A PLAYCORE company Limited Warranty Information; The product I purchased is not what I expected. Can I return the product? You may return items within 30 days of receipt for a refund. All products are warranted free of manufacturer defects for 90 days from invoice date. No other warranty, written, or implied, exists unless noted on the website or in the catalog. To return a product, please call our customer service department 800.321.6975 to receive a return merchandise authorization number. You must have pre -authorization prior to returning a product. Due to manufacturing changes and raw material costs, some product characteristics may vary slightly and prices may be affected. Warranties Power Systems (PS), LLC issues limited warranties on some of our products. We do list 3 and 5 years on some products - this does not cover normal wear and tear. This limited warranty states that the goods shall be free from defects in material and workmanship. This warranty shall not apply in the event of defects caused by: (I.) Physical abuse of the goods or any component or acts of vandalism by any persons. (II.) Alterations, modifications made to our products will void the warranty. (III.) This warranty does not extend to normal wear and tear of a product. 5700 Casey Drive I Knoxville, TN 37909 1800.321.6975 I powersystems.com power your potential SPEOTRUM AQUATICS® WAR • TWO-YEAR LIMITED WARRANTY ON AQUATIC LIFTS RANTY • THREE-YEAR LIMITED WARRANTY ON STAINLESS STEEL DECK EQUIPMENT & AQUATIC LIFT FRAME* What is covered by this warranty? Spectrum Aquatics® warrants all products it manufactures to be free from defects in materials and factory workmanship to the original buyer. This warranty is contingent upon the proper installation, use, care and operation of the equipment for its intended purpose, and does not cover equipment that has been modified or has been subjected to abusive physical or environmental stresses. Spectrum Aquatics® agrees to repair or replace, at its sole discretion, any product that fails to perform as specified within the specified warranty period, unless otherwise noted. Warranty on pool lifts and lift components will be valid from the date of installation, which is verified by sending in the warranty card. In cases where the warranty card is not returned to Spectrum Aquatics, the beginning date for the warranty period will be the date that the pool lift was shipped from Spectrum This warranty relates only to defects in materials and workmanship and does not include damage or failure resulting from other causes, including, but not limited to, acts of God, misuse or abuse, accident or negligence, fire, improper installation or ice damage. This warranty does not apply to fading of materials or to any corrosion of any metallic parts. Damage induced by the improper use of chemicals is not covered by this warranty. In the event that products are altered or repaired by anyone without the prior written approval of Spectrum Aquatics®, all warranties are voided. What will Spectrum do related to the product covered by this warranty? Spectrum shall provide, F.O.B. the factory, new or reconditioned replacement product or parts (Spectrum's option). This warranty does not cover labor to remove or install equipment and parts. What is not covered by this warranty? Damage or loss in transit as indicated by bill of lading, normal wear and tear, chemical damage, discoloration, misuse and damage or loss caused by neglect, abuse, vandalism, modification, improper installation, lack of proper maintenance (such as keeping products clean, lubricating battery contacts on lifts, etc.) or physical damage are not included in this warranty. See owner's manual for recommendations related to the use and care of the product. Powder Coated Products: This warranty does not cover chipping, flaking, scratches or any other surface defect due to abuse, mishandling of product, or lack of maintenance and care. Due to the corrosive environments, this warranty does not cover surfaces damaged during handling or installation. Although powder coating on product is designed for long-term use, keeping products outside in the elements, inside a highly humid environment, excessive washing (including power washing) or improper maintenance may result in premature corrosion. Parts: Components of products provided by other manufacturers are subject to the original equipment manufacturers (OEM) warranty. Examples include but not limited to batteries, actuators, control systems, valves, pumps, etc. IMPORTANT: TO ENSURE SAFE OPERATION, USERS MUST COMPLY WITH THE PUBLISHED WEIGHT LIMITS ON SEVERAL PRODUCTS SUCH AS SLIDES, LIFTS, CHAIRS, STARTING PLATFORMS, STANDS AND LADDERS. REFER TO PRODUCT LITERATURE AND MANUALS FOR THESE LIMITATIONS. To make a warranty claim, contact: Spectrum Aquatics® 7100 Spectrum Lane Missoula, MT 59808 info@spectrumproducts.com Your Rights Under State Law: This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. Spectrum Aquatics' disclaims all liability for damage during transportation, for incidental, special or consequential damage of whatever nature, for damage due to handling, installation, or improper operation, or for damage caused by circumstances beyond Spectrum Products"' control; in no event shall recovery of any kind against Spectrum Products"be greater in amount than the purchase price of the equipment sold by Spectrum Aquatics' that caused alleged damage. Spectrum Aquatics' makes no warranties either expressed or implied, including any warranty of merchantability or fitness for particular purpose, other than these stated. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long on implied warranty lasts, so the above exclusions may not apply to you. No representative has authority to change or modify this warranty in any respect. PLAYSYSTEMS UPIay Today"' Warranty UltraPlay Systems, Inc. warrants its products to be free from defects in materials and/or workmanship, sub- ject to normal usage and installation, for a period of 1-year from the date of shipment to the original pur- chaser. In the event of a claim under this warranty, UltraPlay Systems will replace the component at no cost within the first 12 months from date of shipment to the original customer. Equipment not specifically ad- dressed in the following paragraphs is also subject to this limited 1 year warranty against defects in materials and/or workmanship. TEN-YEAR LIMITED WARRANTY ON UPRIGHT POSTS UltraPlay Systems provides a limited warranty on metal upright posts to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 10 years from the date of shipment to the original customer. FIVE-YEAR LIMITED WARRANTY ON METAL PARTS UltraPlay Systems provides a limited warranty on metal decks, steps, stairs, rails, pipes, support posts, rungs, loops, swing frame yokes and clamps to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installa- tion, for a period of 5 years from the date of shipment to the original customer. FIVE-YEAR LIMITED WARRANTY ON GROUND -MOUNT METAL PARTS UltraPlay Systems provides a limited warranty on metal footers, inground footers, surface mount plates, ground spikes, slide and climber mounting posts and plates to be free from defects in materials or work- manship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 5 years from the date of shipment to the original customer. THREE-YEAR LIMITED WARRANTY ON PLASTIC PARTS UltraPlay Systems provides a limited warranty on the following plastic parts: slides, climbers, roofs, tunnels, bridges, panels and border timbers. These components are warranted to be free from defects in materials or workmanship, subject to normal usage and installation, for a period of 3 years from the date of shipment to the original customer. ONE-YEAR LIMITED WARRANTY ON HARDWARE UltraPlay Systems provides a limited warranty on hardware to be free from defects in materials or work- manship against structural failure due to breaking or shearing, subject to normal use and installation, for a period of 1 year from the date of shipment to the original customer. ONE-YEAR LIMITED WARRANTY ON HDPE CLIMBERS AND HDPE SPRING RIDERS UltraPlay Systems provides a limited warranty on high density polyethylene (HDPE) climbers and spring rid- ers against degradation for a period of 1 year from the date of shipment to the original customer. ONE-YEAR LIMITED WARRANTY ON SPRING RIDER METAL PARTS UltraPlay Systems provides a limited warranty on metal springs, bases and brackets of spring riders to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 1 year from the date of shipment to the original customer. ONE-YEAR LIMITED WARRANTY ON STRAP AND TOT SEAT UltraPlay Systems provides a 1 year limited warranty on strap and tot swing seats against structural failure that causes the seat to become unfit for its intended use. Additionally, chain, "5"- hooks and hangers are cov- ered under a one-year limited warranty. LIMITED WARRANTY ON SITE FURNISHINGS UltraPlay Systems provides a five-year limited warranty on the finish of thermoplastic coated site furnishings from the date of shipment to the original customer. Additionally, all site furnishings are guaranteed to be free from defects in materials or workmanship for one-year from the date of shipment to the original cus- tomer. All warranties specifically exclude damage caused by man-made or natural disasters, vandalism, negligence, improper installation or improper use, modification, changes in appearance resulting from weathering, scratches, dents, discoloration, normal wear and tear, or marring as a result of public or private use. Claims are limited to replacement of equipment only and do not include any costs associated with labor, removal or installation of the original or replacement product. Warranties are valid only if products are installed and maintained in accordance with UltraPlay installation instructions and use of approved parts. This warranty is applicable to the original owner only. Warranties are non -transferable. Claim Procedure: To make a warranty claim, send your written statement of claim, photographs of defective equipment along with the original purchase invoice or invoice number to: UltraPlay Systems Customer Service 1675 Locust Street Red Bud, IL 62278 Or Contact a Customer Service Representative at: 1-800-458-5872 Within 60 days of notice of claim under warranty, UltraPlay Systems will make arrangements to replace the damaged product. UltraPlay Systems will cover freight costs within the continental United States. UltraPlay Systems is not responsible for freight costs associated with products located outside the continental United States. UltraPlay Systems reserves the right to inspect all products identified as defective. Photos of defective equipment may be required to accompany warranty claims. Since warranty limitations and exclusions may vary from state to state, you should check any specific war- ranty rights in your state. Date of Purchase: Purchaser: UltraPlay Invoice Number: Authorized UltraPlay Signature Title Visit UltraPlay on the web at www.ultraplay.com & www.uplaytoday.com IPEMA INTEfNATISNAL PLAY [mrMnT MANIFACTYUut ASSOCIATION MEMBER ultra : -ft' SI nLA coRE WARRANTY UltraSite provides a limited warranty on site furnishing products. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. The warranty covers the life of the product as defined below, and covers the product under normal use with proper maintenance, and at original installation location. See exclusions* (page 5). THERMOPLASTIC COATED PRODUCTS UltraSite provides a 5-year Limited Warranty on Thermoplastic coated site amenities. UltraSite guarantees all items for one full year to be free of defects in workmanship or materials when installed and maintained properly. We agree to repair or replace any items determined to be defective. Items specifically not covered by this warranty include vandalism, man-made or natural disasters, lack of maintenance, normal weathering, or wear and tear due to public abuse. Items damaged or lost in transit are the responsibility of the carrier, whether visible or concealed. It is the responsibility of the recipient to assure that the order is received complete. Before signing the delivery receipt, inspect the shipment immediately and completely. Note any damages or shortages on the bill of lading. Damage reports must be filed within 5 days. UltraSite is not responsible for damages or loss in transit. Title to all goods passes to the customer at the time of shipment. UltraSite will assist in filing claims if the freight arrangements were made by UltraSite at your request. HARDWARE UltraSite provides a lifetime limited warranty on hardware against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware against rust; and a one-year limited warranty on hardware against rust. See exclusions. The lifetime warranty refers to the life of the product as defined below and covers the product under normal use and proper maintenance. The cost of replacement due to scratching or cutting of certain hardware plating is not included in this warranty. RECYCLED PLASTIC LUMBER PRODUCTS UltraSite provides a 5-year limited warranty on recycled plastic lumber products in normal applications against splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. See exclusions* (page 5) UltraSite Warranty Created 1.2017 r'' CORE cc.,.., UltraSite guarantees all materials and workmanship for 5-years on any product made completely from our 100% Recycled Plastic. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. IPE WOOD, RED STAINED WOOD, PRESSURE TREATED WOOD AND UNTREATED WOOD UltraSite provides a 1-year limited warranty on IPE wood, red stained wood, pressure - treated wood and untreated wood products against rotting, splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. Checking in the surface of planks are natural in all wood products and are not covered under this limited warranty. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. Please follow the maintenance procedures as specified in the product maintenance guide. LIMITED WARRANTY ON WATER FOUNTAINS AND DOG FOUNTAINS UltraSite provides a 1-year limited warranty on all the water fountains and related components. ULTRASHADE STRUCTURES UltraShade warrants that the shade structure sold will be free from defects in materials under intended use for a period of 10-years from the date of delivery (Structure & Fabric). UltraShade and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShade. This warranty is in effect only if the structure has been assembled and installed in accordance with the UltraShade's installation drawings, and has been subjected only to normal intended use and exposure. UltraShade shall not be responsible for delays due to missing, stolen or non -conforming parts. Any rework/retrofit of non -conforming part must be authorized by UltraShade. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance, misapplication, service or modification by someone other than UltraShade, authorized dealers, or authorized installers. This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer. UltraSite Warranty Created 1.2017 n nLA' CORE ce.41,44a Shade fabrics carry a 10-year limited manufacturer's warranty from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration, with the exception of Red, which carry a 3-year limited warranty. Should the fabric need to be replaced under the warranty, UltraShade will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro -rated over the last 4 years. This warranty shall be void if damage to the fabric is caused by contact with chemical, misuse, vandalism, any Act of God (ie. Hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code parameters. Fabric tops are warranted for wind/gusts up to 90mph and prior to snow or ice accumulation. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and fabric, voiding the warranty. The warranty will only be applicable to the repair or replacement of defective materials. UltraShade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. UltraShade does not warrant any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the owner of the discontinued fabric color. NOTE: ShadesureTM fabric warranties cover fabric tops up to 40' in length. Fabric tops over 40' in length are covered by a non -prorated 5-year warranty. UltraShade warranties its sewing thread for a period of 8 years. The thread will be free from defects in material/workmanship and will not be damaged by exposure to the sunlight, weather or water. All labor for the removal, assembly and/or freight will be for the customer's account and the warranty will only be applicable to the repair or replacement of the defective material. In the event of a claim of defect in materials, UltraShade shall be placed on notice of defect in writing, delivered to UltraShade at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShade will determine whether to repair or to replace defective materials. UltraShade, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shade installation. UltraSite Warranty Created 1.2017 a 1-1" CORE comAAA ULTRASHELTER UltraShelter warrants that the shelter sold will be free from defects in materials under intended use for a period of 10-years from the date of delivery. UltraShelter and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShelter. This warranty is in effect only if the structure has been assembled and installed in accordance with UltraShelter's installation drawings, and has been subjected only to normal intended use and exposure. Pre -finished metal roof surfaces, performance shall be the responsibility of the metal finisher. UltraShelter assumes no warranties with regard to finish durability. UltraShelter shall not be responsible for delays due to missing, stolen, or non -conforming parts. Any rework/retro-fit of non -conforming parts must be authorized by UltraShelter. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance or lack of maintenance, misapplication, service, or modification by someone other than UltraShelter, authorized dealers, or authorized installers. This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer. In the event of a claim of defect in materials, UltraShelter shall be placed on notice of defect in writing, delivered to UltraShelter at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShelter will determine whether to repair or to replace defective materials. UltraShelter, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shelter installation. ACTIONFIT PRODUCTS UltraSite offers 10-year limited warranty on steel posts, stainless steel posts, welds, bars and metal accessories excluding cycle parts, and cosmetic damage or defects. A 5-year limited warranty on Stainless damper module and aluminum cycle cover, with the exclusion of cosmetic damage or defects. 2-year limited warranty on Bearings, damper, plastics, rubber parts, and some cycle parts including pedal and shaft, with the exclusion of cosmetic damage or defects. 1-year limited warranty on Rib belt of cycle, with the exclusion of cosmetic damage or defects. UltraSite Warranty Created 1.2017 . fnLA CORE cano+..r ALL OTHER PRODUCTS UltraSite offers 1-year limited warranty on all other products. For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship. UltraSite excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood. To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty. CANCELLATIONS AND RETURNS Cancellations are only accepted with approval of UltraSite. No merchandise shall be returned without a Return Goods Authorization number which is issued by customer service. Any authorized merchandise must be carefully packed and received in saleable condition. A restocking charge of up to 25% will be applied to all returned goods and 50% charge will be applied to all the UltaShade and UltraShelter products when the error is not the fault of UltraSite. All returns must be shipped freight prepaid. EXCLUSION The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. UltraSite 1675 Locust St. Red Bud, IL 62278 800.458.5872 UltraSite Warranty Created 1.2017 ultrasitE • PLAss,'coRE Claim Procedure To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to: UltraSite Customer Service 1675 Locust St. Red Bud, IL 62278 800.458.5872 Within 60 days of notice of claim under warranty, UltraSite will make arrangements to replace the damaged product. UltraSite will cover freight costs within the continental United States. UltraSite is not responsible for freight costs associated with products located outside the continental United States. UltraSite reserves the right to inspect all products identified as damaged. Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state. Date of Purchase: Purchaser: UltraSite Invoice Number: Authorized UltraSite Signature Title See UltraSite on the web at www.ultra-site.com UltraSite Warranty Created 1.2017 CV-4WATER ODYSSEY" 6Y FOUNTAIN "FOVLF • PLF'YCORE ce�ww, Warranty Statement Warranty Fountain People, Inc. shall warrant all properly installed and maintained Water OdysseyTM equipment (excluding consumables) for a period of one year from date of shipment, unless otherwise qualified, below. For systems with a factory start-up, the warranty shall extend for 18 months from date of shipment or one year from date of start-up, whichever comes first. Fountain People, Inc, at its option, shall replace or repair any materials, components, or workmanship found to be defective, within the warranty period when returned to the factory, freight prepaid. No equipment or parts may be returned to Fountain People, Inc. for repair or replacement without a factory issued RMA (Return Material Authorization). Special Provisions The following equipment shall be warranted for the terms noted when properly installed and maintained: Structural Pipe: Stainless steel pipe and anchor bases used in the fabrication of Water Odyssey'' play equipment shall be warranted against structural failure for a period of 25 years. Finish Coating: Shall be warranted for a period of 2 years against peeling or fading under normal environmental conditions. ColorCast"" Accents: Shall be warranted for a period of 2 years against fading or cracking under normal environmental conditions. Nozzles: Brass or stainless steel, 5 Years. PVC nozzles, 2 years. Polyurethane Components (including Fun Forms'") shall be warranted for a period of 2 Years. Water Odyssey'" Dynamic Sequencing Control Module 02-6210, Valve Boxes and Fiberglass Components shall be warranted against defects for a period of 3 years. All DSC Controller components, other than the 02-6210 module, are warranted for 1 year. UV Disinfection Units Manufactured by ETS/ATG UV (excluding consumables) shall be warranted for a period of five (5) years after commencement of operation providing that the owner has entered into a service agreement with a factory trained and certified representative to annually ( during the warranty period) service the unit as outlined in the Basic Operator's Guide using original manufacturers parts. Exclusions This warranty does not include damage resulting from lightning, vandalism, improper maintenance, operator error, Acts of God, failure to comply with codes of the jurisdiction having authority, or other conditions beyond the control of Fountain People, Inc. Nor does this warranty cover labor, freight charges, or incidental materials required to implement repairs. Fountain People, Inc. shall not be held liable for damage to other equipment or materials, or loss of time, profits, or any inconvenience, directly or indirectly, resulting from the failure of equipment or materials furnished by Fountain People, Inc. Fountain People, Inc. will not accept liability for any costs associated with the removal or replacement of equipment in difficult -to -access locations. These extraordinary costs shall be the responsibility of the customer, regardless of the reason necessitating removal of the product from service. This warranty may exclude damage to metals resulting from chemical control devices that use electrolysis as a means for generating chlorine or other chemicals to treat water. No other warranty, expressed or implied, exists beyond that included in this statement. Water Odyssey'' by Fountain People I P.O. Box 807 San Marcos, TX 78667 I P: 512-.392.1155 I waterodyssey.com Contract No. 2017001134 Vendor No. 121531 EXHIBIT F SCOPE OF WORK The following Scope of Work is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. 4. SCOPE OF SERVICES. 4.1 General Scope. The Company shall provide various Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services that meets or exceeds the following requirements to the City and Participating Public Agencies nationwide. Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Company agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovennmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency). 4.2 Product Standards and Guidelines. It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists. Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards. 4.2.1 American Society for Testing and Materials (ASTM): ASTM-F 1487- 11 Standard Consumer Safety Performance Specification for Playground Equipment for Public use. ASTM-F 1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of Playground Equipment. ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground Equipment. 29 ASTM F2049-11 ASTM F2075 Contract No. 2017001134 Vendor No. 121531 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play Areas. Standard Specifications for Engineered Wood Fiber for Use as a Playground Safety Surface and Around Playground Equipment. 4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the "Handbook for Public Safety" published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207. 4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides third -party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials. The services provide for the validation of a participant's certification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA's website at: www.ipema.org. All equipment must be IPEMA Certified. Certification must be included with your proposal submission. 4.3 Environmental Purchasing Requirements. The Company must provide documentation of their environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP. 4.4 New Products and Services. New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer's listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte. 4.5 Replacement Parts. The Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency. 4.6 Surfacing Material. Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry. 30 Contract No. 2017001134 Vendor No. 121531 4.7 Installation. All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers' certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area. All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer's specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work. 4.8 Design. The Company must have the capability to recommend and design appropriate play systems/structures to fit the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout drawings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components. 4.9 Project Management. The Company must have the ability to provide project management services to help Participating Agencies complete their projects on -time and within budget. 4.10 Safety. The Company and installers or subcontractors performing services for Charlotte - Mecklenburg are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. 4.11 Literature and Catalogs. The Company will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions. 4.12 Warranty. The Company should address each of the following: 1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. 2. Warranty period start date. The City desires the warranty start at the time of substantial completion. 3. Availability of replacement parts. 4. Life expectancy of equipment under normal use. 5. Detailed information as to proposed return policy on all equipment. 4.13 Lead Time and Delivery. 31 Contract No. 2017001134 Vendor No. 121531 1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge. 2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made. Delivery location shall be stated on each purchase order issued by Participating Agencies. 3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition. 4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside delivery, assembly, set in place in proper location, make ready for use and remove all debris. 5. The Company shall authorize immediate replacement of any item that has been damaged in transit. 6. If deliveries are required in the evenings or weekends, or designated holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements. 4.14 Optional Work. Company will be required to provide quotations on a case -by -case basis for optional related work such as, but not limited to, removal and/or reinstallation of Playground & Fitness Equipment, timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies. 4.15 Material Specifications. Equipment material specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary. 4.16 Additional Requirements. The Company may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies. 4.17 Performance Bond. The Company may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies. 4.18 Reports. The Company must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request. 4.19 Pricing. The Company must submit a cost proposal fully supported by data adequate to establish the reasonableness of the proposed fee. One (1) firm fixed percentage 32 Contract No. 2017001134 Vendor No. 121531 discount off of a verifiable list price for each category (defined in Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred. Prices must include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response. Proposals must include an itemized list of any Products and Services that the Company intends to include in the Master Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company's catalog. The list must identify the distributors name and location that offers each product and service included. The Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor. Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor. 4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies. 4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies.. 4.19.3 Product, Design and Price Comparison. For comparison purposes only, the Company must provide the following information for the three (3) sample playground designs included in Section 6,Form4: 1. Cost breakdown of all components using proposed discounts and list prices; 2. Manufacturer Price List ID 3. Three dimensional drawings 4. Number of kids that can use the playground; 5. Total number of play components: • Number of ground level components • Number of accessible ground level components • Number of elevated components • Number of accessible elevated components 6. Play Structure Size 7. Deck Sizes 8. Diameter of Uprights 9. Color options 10. Minimum time needed from date of design to delivery of equipment. 33 Contract No. 2017001134 Vendor No. 121531 4.20 Installation. Company response must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all installation services for all Participating Public Agencies, regardless of location, for the life of the contract. 4.21 Shipping and Delivery. Company must include a defined shipping program with their Proposal responses. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used. 1. Unless specifically stated otherwise in the "Shipping Program" included in the Company's Proposal response, all prices quoted must be F.O.B. destination with freight prepaid by the Company. 2. Additional costs for expedited deliveries may be added. 3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping. 4.22 Price Adjustments. All proposed pricing shall remain firm through December 31, 2017. Company may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit. Price decreases shall be accepted at any time during the term of the contract. 4.23 References. Proposals must include a minimum of five (5) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP. 4.24 Prevailing Wages. Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section 2.6.12 of the RFP. 34 Contract No. 2017001134 Vendor No. 121531 EXHIBIT G U.S. COMMUNITIES ADMINISTRATIVE AGREEMENT The following U.S. Communities Administrative Agreement is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. 35 (&amd1imi5) fin, col C GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX ATTACHMENT A Jack E. Cook Park (Rev 5) - 2023 Grant City of Elgin Attn: Greg Hulke 4600 Plank Rd. Elgin, IL 60124 Phone: 847-931-6038 Fax:847-931-5997 hulke_g@cityofelgin.org 10/18/2023 Quote # 163382-01-07 Ship to Zip 60124 Quantity Part # Description Unit Price Amount 1 RDU GameTime - Modular PowerScape Ramped Unit for Ages 5-12 [Accent: 1 [Basic: 1 [Deck:Pvc: 1 [Roof. 1 [Accent2: [RotoP/astic: 1 (2ColorHDPE: 1 [Cabling: 1 [Fabricl: 1 [HDPE: 1 [Arch: 1 (1) 4957 — Bubble Mirror (1) 4959 — Maze Wheel (2) 4962 — Echo Chamber (2) 16465 — Slide Transfer (Ada) (1) 16700—Ada49"Sq Punch Steel Deck (1) 16701 — Ada 49"Tri Punch Steel Dk (2) 16806 — Ada 6"Stepped Platform (2) 80000 — 49" Sq Punched Steel Deck (2) 80001 — 49"Tri Punched Steel Deck (1) 80183 — Sail Roof Extensions (3) 80198 — Conifer Post Topper (2) 80687 — Handhold/Kick Plate Pkg (1) 80931 — Single Gizmo Panel (1) 80932 — Gizmo Panel Ada - 3 Gizmos Bel Dk (1) 81669 — Hand Cycler (2) 81766 — Leaf Seat (1) 90004 — Two Piece Hex Deck (3) 90005 — Two Piece Hex Deck, Ada Ramp Access (1) 90149 — 5'-6"/6' Corner Vine Climber Reverse (1) 90151 — 5'/6' Double Vine Climber (1) 90160 — 375' Web Tail (1) 90179 — Ada Crow'S Nest W/Solid Steer Wheel (2) 90266 — 8' Upright, Alum (1) 90267 — 9' Upright, Alum $216,610.00 $216,610.00 Page 1 of 6 (GameTime) • PL•Wcor >.,., GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant 10/18/2023 Quote # 163382-01-07 Quantity Part # Description Unit Price Amount (2) 90269 — 11' Upright, Alum (12) 90270 — 12' Upright, Alum (1) 90271 — 13' Upright, Alum (1) 90272 — 14' Upright, Alum (2) 90273 — 15' Upright, Alum (1) 90508 — 4' Double Zip Slide, Std Dk (1) 90510 — 6' Dueling Wave Zip Slide, Std Dk (1) 90579 — Double Swerve Slide (1) 90713 — Frog Slide Puzzle -Gadget PnI Above Dk (1) 90768 — 6' Wildertube Quick 'L' Reverse (1) 153655 — 30 Deg Elbow Sec 30" Dia (1) 153844 — 90 Deg Elbow Sec 30" Dia (1) 160682 — Tube Support 81 13/16"Lg (1) 203582 — Tube Entrance Section (1) 205962 — Straight Section (1) 205963 — Curved Left Section (1) 206179 — Exit Section (1) 207772 — Wilder Tube Section (1) 208853 — Footbuck 28 3/8"Lg (1) 208857 — Hdw-Wildertube Quick "S" (1) 90792 — Sloped Funnel Climber Timbers(DbI) (2) 90855 — Hexagonal Shade Canopy (1) 91041 — Ramp (3D) 2'-6" & 3'-0" (1) 91057 — Ramp Link (3D) 3'-6" & 4'-0" (1) 91058 — Ramp Link (3D) 4'-6" & 5'-0" (5) 91149 — Enclosure - Timbers (Above Deck) (2) 91150 — Entryway - Timbers (3) 91151 — Climber Entryway - Timbers (1) 91163 — Climber Offset Archway - Timbers (1) 91178 — 3' 0" Transfer Platform - Timbers (1) 91245 — 3'6" - 5'0" Leaf Scramble Up (1) 91333 — Climber Offset Entryway (Timbers) (1) 91336 — Timbers Enclosure W/ Molded Steering W (1) 91340 — Timbers Enclosure W/ Thunderring (Abov (1) 91563 — Flower Spinner Half Panel (1) 91573 — Imagination Panel (1) 91608 — 15' Sunblox Umbrella Canopy Page 2of6 rGameTime� GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant 10/18/2023 Quote # 163382-01-07 Quantity Part # Description Unit Price Amount (4) G90262 — 4' Upright, Galv (1) G90267 — 9' Upright, Galv (8) G90270 — 12' Upright, Galv (4) G90271 — 13' Upright, Galv (1) G90272 — 14' Upright, Galv (1) G90273 — 15' Upright, Galv 1 7025 GameTime - Frog $10,652.00 $10,652.00 1 91284 GameTime - Three Stump Climber $6,558.00 $6,558.00 1 RDU GameTime - Two Bay PrimeTime Swings [Basic: 1 (RotoPlastic: 1 $6,338.00 $6,338.00 (1) 5128 — Expression Swing 3 1/2" X 8' (1) 8558 — 3 1/2" Zero-G Chair (5-12)-Galv Chain (1) 8696 — End Seat 3 1/2"(8696) (1) 8910 — Belt Seat 3 1/2"Od(8910) (1) 12583 — Ada Primetime Swing Frame, 3 1/2" Od (1) 12584 — Ada Primetime Swing Aab, 3 1/2" Od 1 6245 GameTime - RoxAll See Saw (Accent: 1 [Basic.: [Roto Plastic; $12,687.00 $12,687.00 1 38009 GameTime - Spinning Leaf Seat (Straight) $1,062.00 $1,062.00 [Accent: 1 [Roto Plastic: 1 1 6238 GameTime - Shadow Play Flower (Basic: 1 $6,883.00 $6,883.00 1 38000 GameTime - The Dragonfly $7,274.00 $7,274.00 [2 Color HDPE.: [Basic: 1 [Roto Plastic: 1 GFRC252 Landmark Design GFRC - Cozy Cottage $333,000.00 $333,000.00 1 3929SP GameTime - Clubhouse Enclosure with Scope- $3,180.00 $3,180.00 Custom panel associated with Cozy Cottage 1 178749 GameTime - Owner's Kit $84.00 $84.00 Page 3 of 6 (Gamri11me3 GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant 10/18/2023 Quote # 163382-01-07 Quantity Part # Description Unit Price Amount 1 2023 GT- MISC - 2023 Matching Funds Grant - Grant Grant Rules and Limitations: To qualify for up to 100% matching grant, list price of the qualifying playground system must exceed $75,000, and payment in full must accompany your order. For play systems with a list price of less than $75,000 and greater than $25,000 with payment in full, GameTime playground grants are available with matching funds up to 90%. For play systems that exceed $25,000, and purchased with credit terms, matching funds are available up to 65%. Matching funds are subject to rounding rules and may vary based on qualified purchase. No other offer, discount, or special programs can be used with this grant program. This special matching fund offer applies to PowerScape®, PrimeTime®, Xscape®, IONiX®, Modem City®, and The Stadium®systems only. THRIVE (up to $15,000) and Challenge Course (up to $50,000) are also eligible for funding from GameTime. VistaRope, freestanding net structures, TuffForms, Landmark Design, GTSymphony freestanding, other freestanding play products, and Play On! non -system events are not eligible for funding. All applications must be validated by the project administrator by October 20, 2023. GameTime reserves the right to decline any application for a GameTime grant. GameTime will accept grant orders until October 27,2023, or until eligible funds are disbursed, whichever comes first. Customer must be able to receive order by December 31, 2023, subject to transportation availability. GameTime reserves the right to terminate this offer at any time without notice. GameTime playground grants can only be applied to additional GameTime purchases and only in conjunction with the original purchase. Standard policies and warranties as listed in the 2023 GameTime Playground Design Guide apply. Freight and applicable sales tax are extra and not included. Contract: OMNIA #2017001134 Sub Total $604,328.00 Discount ($91,938.97) Freight $13,180.00 Total $525,569.03 Comments *MATERIALS ONLY: Quotation does not include any site work, off-loading, storage, safety surfacing, or installation. *Taxes, if applicable, will be applied at the time of invoice. Please provide a copy of your tax exempt certificate to avoid the addition of taxes. *A deposit of $102,788 will be required for the GFRC Cozy Cottage when placing the order. Page 4 of 6 (Giamii17me) GameTime c/o Cunningham Recreation 10/18/2023 PO Box 240981 Quote # Charlotte, NC 28224 163382-01-07 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant GAMETIME - TERMS & CONDITIONS: • PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. • TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre -payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted (If you elect to pay by credit card, GameTime charges a 2.50% 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.). Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. Any order exceeding $300,000 will require progress payments during the course of completion. • CREDIT APPLICATION: Required for all non-govemmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. • FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. • CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash -with -order (CWO) discount. • ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. • FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. • SHIPMENT: Standard Lead time is 10-12 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. • PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. • RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. • RETURNS: Retums are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. • TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. SUPPLY ONLY: • All items are quoted supply only. • Installation services are not included. • Customer is responsible for coordinating delivery, receipt, unloading, and inventory equipment. • Missing or damaged equipment must be reported within 60 days of delivery. Page 5 of 6 (GameTime) I,. COtL �. GameTime c/o Cunningham Recreation 10/18/2023 PO Box 240981 Quote # Charlotte, NC 28224 163382-01-07 800.438.2780 704.525.7356 FAX Jack E. Cook Park (Rev 5) - 2023 Grant ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): Title: Telephone: Fax: P.O. Number: Date: Purchase Amount: $525,569.03 SALES TAX EXEMPTION CERTIFICATE #: (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature Customer Signature BILLING INFORMATION: Bill to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail: SHIPPING INFORMATION: Ship to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail: Page 6 of 6 to a GameTime Community Champions'" Playground Grant Funding Award of Funds must be claimed, and orders must be received no later than October 27, 2023, and must accompany a qualifying play system purchase. Award may not be combined with any other order or special offer. Other terms and conditions apply. Contact your local GameTime representative at 800-235-2440 for complete details about this grant award. S. Spencer (;heck President, GameTime •