HomeMy WebLinkAbout2006 - Playground
SERVICES AGREEMENT
THIS AGREEMENT made this _ day of , 2006, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958,
("City") and Miller Recreation, 1460 Leith Avenue, Winter Park, FL 32789 ("Contractor."), set forth that
WHEREAS, the City desires to engage a Contractor who has special and unique competence in
the removal of existing lighting, sale and installation of Playground Equipment which shall be erected at
the Easy Street Park, Sebastian, Florida; and
WHEREAS, the Contractor represents that it has such competence and experience in providing
these services; and
WHEREAS, the City in reliance on such representation has selected the Contractor in accordance
with the requirements of law; and
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS)
consist of this Agreement, Supplemental Agreement(s), Specifications, Work Orders, Change Orders,
Addenda if any, any other documents listed in the Agreement Documents, and written modifications
issued after execution of this Agreement, if any.
(a) Intent. The Specifications are an integrated part of the Contract Documents and as such
will not stand alone if used independently. The Specifications establish minimum standards of quality for
this Project. They do not purport to cover all details of performing the Work. The intent of the Agreement
Documents is to set forth requirements of performance, type of equipment and structures, and standards
of materials and construction. It is also intended to include all labor and materials, equipment, and
transportation necessary for the proper execution of the Work, to require new material and equipment
unless otherwise indicated, and to require complete performance of the Work in spite of omission of
specific reference to any minor component part and to include all items necessary for the proper
execution and completion of the Work by the Contractor. Performance by the Contractor shall be required
only to the extent consistent with the Agreement Documents and reasonably inferable from them as being
necessary to produce the intended results.
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06/19/06 01:44pm P. 012
(b) Entire and Sole AQreement. Except as specifically stated herein, the Agreement Documents
constitute the entire agreement between the parties and supersede all other agreements, representations,
warranties,' statements, promises, and understandings not specifically set forth in the Agreement.
Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written
agreements, representalions, warranties, statements, promises or understandings not specifically set forth
in the Agreement Documents.
(c) Amendments. The parties may modify this Agreement at any time by written agreement.
Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or
terminated orally, except by an instrument in writing signed by the party against which enforcement of the
change, waiver, discharge or termination is sought.
(d) ConstruinQ Terms. This Agreement shall not be construed against the party who drafted the
same, as both parties have obtained experts of their choosing to review the legal and business adequacy
of the same.
3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that It may engage the Contractor and
the Contractor hereby agrees to perform professional services for the City by selling and properly Installing
play equipment which shall be erect~d at the Blossom Park, Sebastian, Florida, more specifically
described in Exhibit "N, which is attached hereto and incorporated herein by this reference. .
4. SPECIFICATIONS AND RELATED DATA. The intent of the Specifications, Work Orders and other
Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and
transportation necessary for the proper execution of the Work unless specifically noted otherwise. The
Contractor shall do all the work described in the Specifications and other Contract Documents' and all
incidental work considered necessary to substantially complete the Work ready for use, occupancy, or
operation In a manner acceptable to the City.
Any discrepancies found between the Specifications and site conditions, or any errors or
omIssions In the Specifications, shall be immediately reported to the City. The City shall promptly
determine the validity and seriousness of the claImed condition and correct any such error or omission in
writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such
discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Specifications may be made by the City when such
correction is necessary for the proper fulfillment of their intention as construed by City. Where said
correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of
work to be done by the Contractor, compensation for said additional work shall be negotiated between the
2
correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of
work to be done by the Contractor, compensation for said additional work shall be negotiated between the
parties and must be issued as a written change order before any such additional work is performed or no
additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, when the same usually and customarily required to complete fully such work as
is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra
compensation, but the said work must be installed or done the same as if called for by the Specifications.
All work and material usual and necessary to make the Work complete in all its parts, whether or not they
are indicated or mentioned in the Specifications, shall be furnished and executed the same as if they were
called for by the Specifications. The Contractor will not be allowed to take advantage of any errors or
omissions in the Plans and Specifications. The City will provide full information when errors or omissions
are discovered.
5. COMPENSATION. The City will pay the Contractor the flat amount of $28,189.84 for performance of
the Work hereunder.
Claims. Claims arising from changes or revisions made by the Contractor at the City's request
shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that
extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor
shall notify the City in writing of its intention to make claim for extra compensation before work begins on
which the claim is based. If such notification is not given and the City is not afforded by the Contractor a
method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives
its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not
notified as described above. The Contractor may refuse to perform additional work requested by the City
until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as proving the
validity of the claim.
6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor, City,
and Project Manager that the Work has been completed in accordance with the terms of the Contract
Documents, the Project Manager shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor
shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the
City arising under or by virtue of the work order.
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Also, each request for payment must have a Claimant's Sworn Statement of Account, executed by the
supplier or subcontractor, attached from each supplier or subcontractor who has notified the City of his
right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an
unpaid potential Claimant.
7. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 30f
this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by
the City and the Contractor. No extension of time shall be valid unless given in writing by the City. No
monetary compensation shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor
to an extension of time In which to complete the Work a~ determined by the City provided, however, the
Contr~ctor shall immediately give written notice to the City of the cause of such delay. "Rain d,ay"
extensions shall be granted upon written request of the Contractor to the City's Project Manager when
said Project Manager determines that weather conditions make It counterproductive to work on said days.
"Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative
"rain day" extensions granted shall be processed as a Change Order with each pay submittal.
The City shall have the authority to suspend the Work whOlly or In part, for such periods as may
,be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor.
In the event that the Project Manager shall become aware of any condition which may be cause for
suspe'nsion of the Work, the Project Manager shall Immediately advise the City of such condition. The
Contractor shall not suspend operations under the provisions of this Paragraph without the City's
permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of
time to complete the Work for as many calendar days as the Work was suspended; except, however, that
the Contractor will not be granted an extension of time to complete the Work if the suspension was caused
by a fault of the Contractor.
8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City
without cause provided at least five (5) days written notice of such termination shall be given to the
Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for
, greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such
termination on a quantum meruit basis and any work don~ 'by the Contractor shall remain the property of
the City.
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9. CITY'S PROJECt MANAGER. City shall designate a Project Manager. All work done shall be subject
to the review of the Project Manager and City. Any and all technical questions which may arise as to the
quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of
Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the
Contractor shall be referred to the Project Manager who will resolve such questions.
All materials and each part or detail of the Work shall be subject at all times to construction review
by the Project Manager and the City. Such construction review may include shop inspection, and any
material furnished under the Specifications is subject to such inspection. The Project Manager and the
City shall be allowed access to all parts of the Work and shall be furnished with such information
and assistance by the Contractor as is required to make a complete and detailed review.
The City shall not be responsible for the acts or omissions of the Contractor.
10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best
skill and attention. Contractor shall be solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating all portions of the Work under this
Contract, unless the' Contract Documents giVe other specific instructions concerning these matters.
. Unless otherwise provided in the Contract Documents, Contractor shall prOVide and pay for labor,
materials, equipment, tools, construction equipment and machinery, utilities, transportation, and other
facilities and services neces~ary for the' proper execution and completion of the Work, whether temporary
or permanent and whether or not incorporated or to be incorporated in the Work.
Unless otherwise provided In the Contract Documents, Contractor shall pay all sales, use and
other similar taxes.
Contractor currently holds and shall maintain at all times during the term of this Contract all
required federal, state and local licenses necessary to perform the Work required under the Contract
Documents.
11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and. sub":
Contractors required for services which are necessary as described under Exhibit "A" of this Agreement.
All services described under Exhibit "A" of this Agreement shall be performed by the Contractor or sub-
Contractor and all persons engaged in work under the Agreement shall be qualified to perform such
services and authorized under federal, state and local laws to perform such services. Personnel who
perform services under this Agreement shall not be employees of the City.
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06/19/06 01:44pm P. 018
All workmen must have sufficient ,knowledge, skill and experience to perform properly the work
assigned to. them. Any foreman o.r wo.rkman employed by the Contractor or subco.ntractors who, in the
opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in
a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and
shall not be employed again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of his employees
and/or any subcontractor or persons employed by subcontractors.
12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work in
accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the
State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the
Act bonstitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court
costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any
and all subcontractors.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other
persons who may be affected thereby; all the work materials and equipment to be incorporated therein,
whether in storage on or off the project site, under the care, custody or control of the Contractor or any of
his subcontractors; and other property o.n the project site o.r adjacent thereto., including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocatio.n or
replacement in the course of construction.
The Contractor shall perform any work and shall furnish and install materials and equipment
neCessary during an emergency endangering life or pro.perty. In all cases, he shall notify the Project
Manager and City of the emergency as soon as practicable, but he shall not wait for instructions before
proceeding to properly protect both life and property.
The Contractor shall be held fully respo.nsible for such safety and protectio.n until final written
acceptance of the Work.
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06/19/06 01:44pm P. 017
13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall
be under the charge and care of the Contractor, and he shall lake every necessary precaulion against
injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether
arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair,
restore and make good, without additional compensation, all injury or damage to any portion of the Work
occasioned by any cause, other than the sole and active negligence of the City, before its completion and
acceptance.
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness
for the Work. When considered nec~ssary, they shall be placed on wooden platforms or other hard clean
sur:faces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment
shall be located so as to facilitate prompt inspection.
14. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation ofwast~
. ,
materials or rubbish caused by his employees or work. At the completion of the Work, he shall remqve all
his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its
equivalent, unless'more exaCtly specified, and shall insure that all debris and other unsightly objects are
removed and disposed of In a satisfactory manner. At no additional expense to the City, the Contractor will
restore to their orIginal conditions or better, as nearly as practicable, those portions of lhe site not
designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged
during the prosecution of the Work. Final payment will be withheld until such c1e~m up and repairs are
completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been'removed and the surrounding area left In a condition satisfactory to
the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the
City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have
the job site cleaned by an independent labor force. The cost of cleaning by said Independent labor force
shall be deducted froffimoneys due the Contractor.
15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work
orders or this Agreement and shall not transfer any interest in the same without the prior written consent of
the City. Any sub-contracts or other work which is performed by persons or firms other than the
Contractor under this Agreement or any work orders shall have prior written approval of the City Manager.
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06/19/06 01:44pm P. 018
Any subcontracts or outside associates or Contractors required by the Contractor in connection with
services covered by this Agreement or any work orders must be specifically approved by the City
Manager.
16. INDEMNIFICATION. The Contractor shall indemnify and save harmless the City, its agents,
subcontractors, seNa"nts, and employees from and against claims, liability, losses, or causes of action to
the extent ariSing from any misconduct, negligent act, or omission of the Contractor, its agents, servants
or employees in the performance of services under this contract.
17. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and
regulations relating to providing services under this Agreement The failure of the Contractor to adhere to
any known law or regulation pertaining to furnishing services tinder this Agreement shall constitute a
material breach of this Agreement
18. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this
Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this
Agreement.
19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and
venue for any action pursuant to the Agreement Documents shall be In Indian River County, Florida.
The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any
dispute arising hereunder..
20. CONSTRUING PROVISIONS. This Agreement shall not be c,onstrued against the party who drafted
the same, as both parties have obtained experts of their choosing to review the legal and business
adequacy of the same.
21. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set
forth below and maintain said Insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
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06/19/06 01:44pm P. 019
(b) Commercial General Liabilitv - Contractor shall purchase Commercial General Liability
insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto'L1ability - Contractor shall purchase Commercial Auto Liability insurance
with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations for the
Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of
their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that
all sub-contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until" he has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the
City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all
insurance required has been so obtained and approved by the City. The Contractor shall carry and
maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him
and any subcontractor performing work under this Contract, or the City, from all claims and liability for
damages for bodily injury, including accidental death, under this Contract, whether by himself or by any
subcontractor or by anyone directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in dup,licate showing proof of
insurance, naming the City ~s an additional Insured party, prior to the start of construction as provided in
the Contract.
22. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for
a period of two (2) years from the date of final written acceptance of the Work by City.
All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals
thereof furnished to the City for review and acceptance prior to final payment.
Such guarantee shall In no way limit or relieve the Contractor of liability from subsequent claims of
beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten
.the statute of limitations for bringing a breach of contract or other action based upon any such
deficiencies.
Any materials, equipment or work which do not satisfactorily meet the Specifications may be
condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or
work shall be promptly taken out and replaced.
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06/19/06 01:44pm P. 020
Any defective work whether the result of poor workmanship, use of defective materials. damaged through
carelessness or from other cause shall be removed within ten (10) days after written notice Is given by the
City, and the work shall be re-executed by the Contractor. The fact that the City may have previously
overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor
fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may
remove them and may store the materials and equipment.
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials
and workmanship and the Contractor shall promptly replace any such defects discovered within two (2)
years from the date of final written acceptance of the Work by the City.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
Approved as to form and legality for
relian by the City of Sebastian only:
Signed, sealed and delivered in the presence of:
CO~E~
By: . . ...
Name: .M\pf ERMAN.
Tille: VICR PRESIDENT
Na~^) adld/VYId
Name: fg:D~ .
KEVIN WALKER
. ,..
10
CITY OF SEBASTIAN
Ci, ty of AJ]~l5!~f}J.f~ANCE DEPARTMENT
At. tn: Pell- ks Clrtib24~eME\treS..t~n
lOO Ve tel- an sSElbM~fjT, jfJ.P.rid(ija~58
Sebael:t~i"~2-~ .,581115330 Fax: (772~~70
PURCHASE
o #
00005248-00 FY 200
IMPORTANT
PURCHSE ORDER NUMBER MUST APPEAR ON ALL SHIPPING
NOTICES, BILLS OF LADING, PACKAGES, PACKING LISTS,
INVOICES, FREIGHT BILLS AND CORRESPONDENCE CONCERNING
THIS ORDER.
TAX EXEMPT #41-04-012831-54C
IMPORTANT: THIS PURCHASE ORDER IS SUBJECT TO THE TERMS AND CONDITIONS ON THE FACE AND REVERSE SIDE HEREOF,
ACCEPTANCE IS LIMITED TO TERMS OF THIS ORDER.
Miller Recreation
1460 Leith Avenue
100 Veterans Memorial Way
t:iebast.i.an, FL
City of Sebastian
Winter Park, FL 32789
':;)"-' ~
VENDOR: IF PRICES WHICH APPEAR ABOVE ARE NOT CORRECT CALL PURCHASING AGENT AND DELAY FURTHER ACTION
TIifND1t4111N\i.0le1f~614 Requ i sit i on De 1 i vel-y F~eference'
00, Provide all labor and materials for
installation of playground and three
benches at EClsy St. Park as quo'
Easy St. Park Playground equip
Bid Proposal Price F
&, /E:4 /OIS.. f",,,ll
320151-&'06930-C4203
1.0
Each
26711.0(0)(1
28,189.8
To .21 1 F'l-e i. gh t
28 , lEl9 . 8 .
ACCOUNT NUMBER
AMOUNT
VENDOR
'~ MIRACLE
t RECREATION EQUIPMENT COMA
Equipment Quotation
Sales Representative
MILLER RECREATION
312 69TH ST. N.W.
BRADENTON, FL 34209
Phone: (407) 628-8614 Fax: (407) 539-1575
Quote Number: 93065184
Quote Date: 06/19/2006
Customer Number 3295B04
Terms of Sale: Net 30
Customer Class: 1. Parks & Rec
ShippioR Method: Miracle
Frei~ht Terms: Prepaid
Approximate Ship Date: TBD
Cust PO Num:
Prepared CITY OF SEBASTIAN
For: 1225 MAIN STREET
Payment!
Accounting
Contact:
SEBASTIAN, FL 32958
CHRIS MCCARTHY (772) 388-4401
FAX (772) 388-4402
Location: CITY OF SEBASTIAN
C/O EAST STREET PARK
1225 MAIN STREET
SEBASTIAN, FL 32958
Shipping! CHRIS MCCARTHY (772) 388-4401
Delivery
Contact: DEBBIE LLOYD (407) 628-8614
Quantity Item Number Description Price Each Price Total
1 714734 SAFETY PANEL AGES 5-12, FREE STANDING $172.00 $172.00
4 7185029 SQUARE DECK (ATTACHES TO 4 POSTS) MT II $519.00 $2,076.00
8 718552 3 1/2" OD X 130" POST (3' TO 5' DECKS) $113.00 $904.00
4 718553 3 112" OD X 148" POST (5'6" TO 6' 6" DECKS) $125.00 $500.00
4 718572 3 1/2" OD X 138" POST FOR ROOF (3'DK OR LESS) $98.00 $392.00
1 718700 5' SIDE-BY-SIDE SLIDE W/CANOPY (3' DECK) $975.00 $975.00
1 7187147B PILOT PANEL W/2 WHEELS (BELOW DECK) $692.00 $692.00
1 71875725 SLOPED CLIMBING WALL (4' & 5' DECK) $1,279.00 $1,279.00
1 71875734 45 DEG SLOPED CLIMBING WALL (3' & 4' DECK) $1,225.00 $1,225.00
1 7187632 TIC-TAC-TOE PANEL $580.00 $580.00
1 7187784 INCLINED SPIDER CLIMBER (3' & 4' DECKS) $473.00 $473.00
1 718786 BONGO JUNGLE CLIMBER BETWEEN 3' DECKS $1,670.00 $1,670.00
1 718787 TOT ROCK CLIMBER (3' DECK) $638.00 $638.00
1 71881059 ADA STAIR BTWN DECKS W/1' RISE OPEN HR, MT II $502.00 $502.00
1 7188153 VERTICAL LADDER CLIMBER (3' DECK) $279.00 $279.00
1 718856L9 90 DEG LEVEL RAMP BTWN DECKS CLSD HRL, MT II $1,534.00 $1,534.00
1 7188661 TRIPLE PLAY ROOF, MID $691.00 $691.00
1 718965359 TRANSFER POINT OPEN HANDRAIL (3' DECK) MT II $1,302.00 $1,302.00
1 7189763 BUMPER LADDER (3' DECK) $534.00 $534.00
Rep #: 93
Order #: 93065184
Page 1 of2
Color List:
System: KC
Equipment Total:
Freight:
Installation:
Discount:
System: TC
Other Charge:
Special Colors:
COLORS TO BE DETERMINED!
SubTotal:
Tax:
Grand Total:
$16,418.00
$1,166.84
$4,155.00
$2,955.00
$9,405.00
$28,189.84
$0.00
$28,189.84
Notes:
OTHER CHARGES: 1500 SQ. FT. RUBBER MULCH 6" DEPTH $6,640; FABRIC FELT $250; FORK LIFT TO UNLOAD
PALLETS $250; INSTALLATION OF RUBBER MULCH $600 - GRAND TOTAL $7,740! PRICE DOES NOT INCLUDE
SITE PREP OR EXCAVATION OF 6" DEPTH FOR RUBBER MULCH! OTHER CHARGES ALSO INCLUDES (3) 6'
CONTOUR BENCHES #6CB2SYP (SOUTHERN YELLOW PINE) S.M. INSTALL @ $301 EA - TOTAL $903; FRT. $312;
INSTALLATION DOES NOT INCLUDE CONCRETE PADS FOR S.M. STD. MOUNT $450 INSTALL - GRAND TOTAL $1,665.
Thank you for the opportunity to provide this quote!
md Itlbt(
Your Exclusive Sa es Representative
I hereby authorize Miracle Recreation Equipment Company to ship the equipment listed above for which I agree to pay the total amount specified. I
wiN be responsiblefor receiving all merchandisefrom the Miracle truck. Payment terms are Net-30 days from invoice date with approved credit. Non-
taxable customers will provide proper tax exemption certificate to Miracle Recreation. Purchase orders and payments should be made payable to the
order of Miracle Recreation Equipment Company.
Accepted By
Date
Printed Name
Rep #: 93
Order #: 93065184
Page 2 of2
\ MARSH CERTIFICA TE OF INSURANCE CERTIFICATE NUMBER
CHI-Q01490285-03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
701 Market Street, Suite 1100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
SI. Louis, MO 63101-1830 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Attn: Kathy Seim (314) 342-2416 COMPANIES AFFORDING COVERAGE
COMPANY
~ 52253-CAS-RM-Q6/07 02 02 A LIBERTY MUTUAL INSURANCE COMPANY
INSURED COMPANY
PlayPower, Inc. B TWIN CITY FIRE INS CO
Miracle Recreation Equipment Company, Soft Play, LLC. COMPANY
E-Z Dock. Inc., PI~tower Export, Inc. Kid Play. Inc. HAGS
Playground, PlayPower L T armington, Inc., C N/A
13620 East Reese Boulevard, Suite 300
Huntersville, NC 28078 COMPANY
D WAUSAU UNDERWRITERS INSURANCE COMPANY
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1
lHlS IS TO CERTIFY lHAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO lHE INSURED NAMED HEREIN FOR lHE POLICY PERIOD INDICATED.
NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OlHER DOCUMENT WITH RESPECT TO WHICH lHE CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN. lHE INSURANCE AFFORDED BY lHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL lHE TERMS, CONDmONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS
LTR DATE (MM/DDIYY) DATE (MMlDDIYY)
A GENERAL LIABILITY EB1641004540026 03/31/06 07/01/07 GENERAL AGGREGATE $ 5,000,000
-
~ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 5,000,000
r-- tJ CLAIMS MADE [8J OCCUR PERSONAL & ADV INJURY $ 1,000,000
I-- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
X ~IR ct<:nn nnn FIRE DAMAGE (Anyone fire) $ 1,000,000
X Per Proiect Aooreoate ADDlies MED EXP IAnv one oerson) $ N/A
B AUTOMOBILE UABILITY 83UENRF9550 03/31/06 07/01/07 $ 1,000,000
- COMBINED SINGLE LIMIT
X ANY AUTO
-
~ ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
-
X HIRED AUTOS BODILY INJURY $
- (per accident)
X NON-OWNED AUTOS
X :!i1000 Comprehensive Oed. PROPERTY DAMAGE $
X 1000 Collision Oed.
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
-
- ANY AUTO OlHER lHAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
R UMBRELLA FORM AGGREGATE $
OlHER lHAN UMBRELLA FORM $
D WORKERS COMPENSATION AND VVCJZ91534635035 07/01/05 07/01/06 X I T"6~llfM'Ws I 10m
EMPLOYERS' LIABILITY
EL EACH ACCIDENT $ 1,000,000
lHE PROPRIETOR! ~ INCL EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUllVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
""""
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
Subject to policy terms, conditions & exclusions. City of Sebastian is included as Additional Insured to the above General Liability policy, only as required by
contract, as res~ects the supply of playground equipment for the installation of playground at City of Sebastian in Sebastian FI.
Rep. Name: Mil er Recreation Rep. No.: 93
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF 'THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE 'THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ---3.0. DAYS WRITTEN NOTICE TO THE
City of Sebastian CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHAlL IMPOSE NO OBLIGATION OR
Atln: Chris McCarthy
1225 Main Street LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
Sebastian, FL 32958 ISSUER OF THIS CERTIFICATE.
MARSH USA INC. ~o..O~
BY: Alfred A. Peterfeso
MM1(3/02) VALID AS OF: 06/19/06
WARRANTY
Buyer agrees that products sold by
Mirade@ Recreation Equipment Company
only carry the following warranty:
1. LIMITED ONE HUNDRED (1001 YEAR WARRANTY on aluminum deck posts, steel deck
posts, the Versalok" fastening system, and associated fastening hardware against structural failure
caused by corrosion or deterioration from e"1>osure to weather, or by defective materials or defective
workmanship.
2. LIMITED FIFTEEN (15) YEAR WARRANTY on steel support legs and Mira~Thenn n on TOTS'
CHOICE", KIDS' CHOICE", and CENTER STAGE'" against structural failure caused by corrosion.
dcfective materials, or defective workmanship.
3. LIMITED FIFTEEN (151 YEAR WARRANTY on playsystem steel components including railings,
rungs, and rigid climbers against structural failure caused by defective materials or defective work-
manship.
4. LIMITED FIFTEEN (151 YEAR WARRANTY on Rockite" against structural failure caused by
defective materials or defective workmanship.
5. LIMITED FIVE (5) YEAR WARRANTY on RAINBOW BENDTM and enclosed watcrslide
fiberglass sections against structural failurc caused by defective materials or defective workmanship.
Limited one (I) year warranty on all waterslide and pool slide support structures, stairways, landings,
and railings against structural failure caused by defective materials or defective workmanship.
6. LIMITED ONE (1) YEAR .WARRANTY on TODDLERS' CHOICE" main support materials and
decks against structural failure caused by defective materials or defective workmanship.
7. LIMITED ONE (11 YEAR WARRANTY on bleachers against structural failure eaused by defcctive
materials or defective workmanship.
8. LIMITED SIX (61 MONTH WARRANTY on sewn fabric components on Early Childhood
products.
9. LIMITED THREE (31 YEAR WARRANTY on SlashproofSeats and 3600 Bucket Tot Seats for
Swings against structural failure caused by defective materials or defective workmanship.
10. LIMITED ONE (11 YEAR WARRANTY on all products not listed above including all moving parts
and flexible climbers against structural failure caused by defective materials or defective workmanship.
II. Thcsc limited warranties do not include fading of colors, damage due to excessive wear and tear,
vandalism, or negligence.. These warranties are valid only if products are installed according to
manufacturer's installation instructions.
12, All warranties begin on the date of Miracle's invoice. Repaired or replacement part(s) are only
warranted for the balance ofthe original limited warranty.
BUYER'S REMEDY If any of the products prove to be defective oman confunning undernonnal operations wilhin
the above-prescribed warranty periods, Buyer must promptly notifY Miracle in writing at P.O. Box 420. Monctt, MO
65708 USA. Miracle will within a reasonable time repair or replace such defective or non confonningproduct by providing
free of charge replacement part(s) to the site. Miracle will not be responsible forthe cost oflabor for the removal of nor the
cost oflabor for the installation of repaired or replacement parl(s).
These limited warranties do not apply to structures not erected in conformity with Miracle's installation instructions,
structures not maintained or inspected in conformity with Miracle's instructions, parts that have been modificd, altered or
misused, parts that have not been used as designed or intended, structures that have had parts added or substituted, damage
orreduction in value due to vandalism, abnonnal use, or abuse. Buyer, by acceptance and use oflhis warranty, agrees that
it waives any righls it may havc to claim or assert that this limited warranty fails of its cssential purpose. Buyer agrces
venue for any action shall be in Barry or Greene Counties in the State of Missouri.
070057 Rov, K. Ma. 9. 2004