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HomeMy WebLinkAboutSoft Play862E/0a8/T3OES CD CO N W Z IiZ Q Qom+ aJ N CD D X X nmo •0.1-• W R XX F CU- 01-0 cn d3 •• tf1 U 00 UJ¢� )4g W �x nn L&W Laos LE LStf W Cns 0_ CC Laj dCle N H 1 EE CCCL- a1 0 .1141. co N co CQ CCP0 CC N 1— 0 ciC 0 • ,. arm-�.— Maki -P. - x.44252018 AH9:18:39 DESIGN FOR FUN, JUST FOR YOU FY2018 PHELPS YOUTH PAVILLION P LAYS CA P E PROJECT OR1s:pj4L Waterloo, IA 50701 P27794E January 4, 2018 KIDS Discovery & Surprise Challenge & Adventure Fun & Active Play PLAY EXPERIENCE CONCEPT DEVELOPMENT PARENTS/CAREGIVERS Openness & Visibility Cleanliness & Safety Active Entertainment PLAYGROUND OWNER Worryfree & Low Maintenance Compliance with Local Regulations Family Magnet CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. CITY OF WATERLOO, IOWA WATERLOO CULTURAL & ARTS COMMISSION BID FORM For FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT BIDDER: �C;-�--t- jir4 COMPANY AME ADDRESS: 1/5/5 Via 5 o / bAi J? U ', .\Q I Oo v', I I j /lc, �? Sa g PHONE: ( v ) 944 3 466- 1. The undersigned, being a Corporation existing under the laws of the State of AIL- , a Partnership consisting of the following partners: 014 having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Culture & Arts, 225 Commercial Street, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT in accordance with the contract documents and for the total price for work in place for the following amount: 1 r) -(4,s2 do/a, ollars ($ 'f4; 99(1' • DO ) 2. In submitting this bid, the Bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 3. Security in the sum of5e,,,,„ly6,uy4koL ,,l,,,,„ph,:,,c /„�, � , , dollars ($ 99906, In the form of F.,,� ,.,- , is submitted herewith in accordance with NOTICE TO BIDDERS. 4 Attached is a Non -Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: % / // / i / / / / 8. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 9. The bidder has attached all applicable forms. 10. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. CONTACT PERSON: bec4-rice CrbSL f Please Print PHONE: VOI-- 94-b--34-02 SIGNED: j. vz-LIQ DATE: ©/ 1.Q3 /gOI `$' BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, SOFT PLAY, LLC as Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA As Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum Five Percent of Amount Bid dollars ($ 5% of Amount Bid ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 1st day of February , 2018 , for FY2018 Phelps Youth Pavilion Playscape Project - Waterloo Center for the Arts - Indoor Playground NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 11th day of January , A.D. 2018 SOFT PLAY, LLC Principal (Title) Witness TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Seal) Surety (Seal) ,I.,,,___gz,__ ia_, _ , By ss Jorney-In- 1 eact Jennifer Williams NOTICE OF PUBLIC HEARING page 1 of 1 ACKNOWLEDGEMENT BY SURETY STATE OF MISSOURI COUNTY OF ST. LOUIS On this l lth day of January, 2018, before me, Salena Wood, a Notary Public, within and for said County and State, personally appeared Jennifer Williams to me personally known to be the Attorney -in -Fact of and for Travelers Casualty and Surety Company of America and acknowledged that s/he executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public in the State of Missouri County of St. Louis SALENA WOOD Notary Public - Notary Seal State of Missouri St. Louis County My Commission Expires: July 17, 2019 Commission # 15129105 1 1 1 1 1 1 1 1 1 1 1 1 i i i 1 ~TRAVELERS JJ Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 229587 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 07194 225 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas U. Krippene, Susan R. Schwartz, Christina Baratti, Catherine L. Geimer, Eric D. Sauer, Salena Wood, Jeannette M. Davis, and Jennifer Williams of the City of St. Louis , State of Missouri , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 18th day of April 2017 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L. Raney, Senior Vice President On this the 1 8th day of April 2017 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. C . ..1111•0•LASLI+ Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACO►20® CERTIFICATE OF LIABILITY INSURANCE DAT mMiDD17YYY) THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, The policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER non Risk services central, Inc. St. Louis MO Office 8182 Maryland Avenue St LOUIS MD 63105 USA CONTACT p ONE FAX WG. No. Eat): C866) 283-7122 (AIC. No.): (800) 363-0105 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAILS INSURED SOFTPLAY, LLC 11515 Vanstory Drive Suite HNNTERSVISVILI.E NC 28078 - 6417 USA INSURER& Pennsylvania Manufacturers' Assoc Ins Co 12262 INSURERS: Everest National Insurance co 10120 INSURER C: Liberty Insurance corporation 42404 INSURER o; 10/01/201 INSURER E; $1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 570068661198 SIGN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE AUDI. MSD ELME WVD POLICY NUMBER POLICY IMMIDDIYYYIT EFF POLICY EXP (MMIDDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 80600085171 10/01/2017 10/01/201 EACH OCCURRENCE $1,000,000 CWMS-MADE XIOCCUR SIR applies per policy terms & condi-:i005 UAMAG6 TO RENTED PREMISES (Ea occurrence) $300,000 MED EXP (Any one pereon) PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPUES PER; GENERALAGGREOATE $4,000,000 POLI0Y X PROT pi. - JEC PRODUCTS-COMP/OP.AGG $4,000,000 OTHER: SIR $500,000 A AUTOMOBILE LIABILITY L __ 1 AL 151700 0652321 10/01/201710/01/2018 COMBINED SINGLE HMn (Ea accident $1,000,000 X ANYAUTO BODILY INJURY ( Per P8880 OWNED 'SCHEDULED BODILY INJURY (Per accident) X AUTOS ONLYAUTOS ONLY AVTBa — x NONOWN PROPERTY DAMAGE (Per accident) X $11100 Dad Comp X AUTOS ONLY $1,080 Ded. Collielm G X UMBRELLA LIAO. X OCCUR T117691464580017 10/01/2017 10/01/2018 EACH OCCURRENCE $5,000,000 EXCESS LAB — CLAIMaMAOE Umbrella AGGREGATE $5,000,000 BED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC2017750652321 10/01/201710/01/2018 x PER TER XE ANY PROPRIETOR / PARTNER/ ECUTIVE Y/ N N E.L. EACHACCIDENT $1,000,000 081022)8283ER EXCLUDED? (8 ndatoryln NH) N1A &L. DISEASE -EA EMPLOYEE $1,000,000 Ryas, describe under DESCRIPTION OF OPERATIONS below El, DISEASE -POLICY LIMIT $1,000,000. DESCRIPTION OF OPERATIONS ILOCATIONS /VEHICLES (AGGRO 108, Addnlonal Remarks Schedule, maybe Hashed B more apace is mantled) Evidence of Insurance only. CERTIFICATE HOLDER CANCELLATION Holder identifier: m 0 0 Certificate No E5 Soft Play LLC 11515 Vanstory Drive Huntersville Nc 28028 USA 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 GJ4r�yd e../ G.lGlrf. Ve„,,, Y.Q I= mfrs e./ ?let ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACS AGENCY CUSTOMER ID: 570000052633 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AOENOY Ann Risk services central, Inc. NAMED INSURED SOFTPLAY, LLC POLICY NUMBER see Certificate Number: 570068661198 CARRIER see Certificate Number: 570068661198 NAIL COPE EFFECTIVE DATE: ADDITIONAL REMARKS - THIS ADDITIONAL REMARKS FORM 18 ASCHEDULE TO ACORD FORM, FORM NUMBER: AGORD 26 FORM TITLE: Certificate of Liability Insurance Named Insured schedule PlayPower Inc. (First named insured) Additional Named Insureds Play Holdings Inc. PlayPower Holdings, Inc. PlayPower Finance, Inc. Miracle Recreation Equipment company Miracle Midwest •E -Z Pock, Inc.' Kid Play, Inc.' Soft Play, L.L.C. spprectra Turf, Inc. PlayPower LT Farmington, Inc. PlayPower LT Canada Inc. Play Design International SARL PlayWorld systems, Inc. (Effecitve 1/1/17) Hags Play Europe AB and its Subsidiary companies, Hags Play AB, Hags Denmark; and Hags-MB-Spelidee GMBH; Hags Swelik SA PlayPower UK Limited and its subsidiary SMP (Playgrounds) Limited E -Z Dock Europe SA B 1t only while the first named insured directly or indirectly owns, during the policy period, an interest therein of more than 50%. /WORD 101 (2008101) TheACORD name and logo are registered marks ofACORD 02008 AGORD CORPORATION. All rights reserved. EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: r � r. , 4A). eQ Appropriate Official - c 0 (_)Title Act/ 0"`c Date NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of . • /d /L ‘Z)1(C1 County of7h(:7 � Z/ / ( ,ze-A6. , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; , the 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. a jtea Signature Subscribed and sworn to before me this �5' 6 Day of ( lei 'G -W7 gnature My commission expires , 20 PALf-,4-4 r)-Aa-'}ote) Title ROSETTA SANDANO NOTARY PUBLIC Iredell County North Carolina My Commission Expires May Z 2018 trZM=Mt•Sa ®_% 4.= •••=‘N ••••••===W -.� Tom` M f r o (ITlfli.000 . 1110000 ISOMETRIC VIEWS PANEL DESIGNATIONS GENERAL + TUFF NET VANDAL RESISTANT DESCRIPTION MATERIAL COLOR ABBREVIATIONS LC CLEAR LEXAN M MESH MB MOLDED BARRIER PANEL (4%8) MR MIRROR 672K PLATFORM STEP FILLER, KICKPL X70 PLATFORM STEP FILLER, NET B KICK PLATE 8"x20" 12 KICK PLATE 12=420" 12+ KICK PLATE 12 -444 - TN TuffNet` TNR TuffNete ROOF PANEL TNN TuffNet` with HOLE INC TultNet above rounded decks TN64.5TufINet' DIAGONAL %L TuflNet` EDGE ATTACHMENT %68 TuffNet. PLATFORM ATT. w/Edge %634 TuffNet" PLATFORM ATT. w/Out 158 TRIPLE SLIDE TuffNet" PANEL 2277 EXTRUDED PA0 ASSEMBLY 360' 000 EXTRUDED PAD ASSEMBLY 180 21 GUT KR 1x1 X2 CUT KIT 2x1 NOT FOR CONSTRUCTION PRELIMINARY DESIGN DRAWING FOR APPROVAL OF LAYOUT ONLY. DESIGN IS SUBJECT TO CHANGE BASED ON ENGINEERING AND ACTUAL SITE CONDITIONS. OWNER TO VERIFY ALL EXISTING AND PROPOSED SITE CONDITIONS BEFORE INSTALLATION OF ANY SOFT PLAY, LLC. PLAY EQUIPMENT CAN BEGIN. REQUIREMENTS OF ASTM F 1918 4 0 4 8 LEGEND REQUIRE° MINIMUM use zona — for Ocmved Impanel erttenUa ling surfacing 60R117;7niondamelnae eakxr Kasper. Fm16 bc224 m Indao =d 6y tlezign. �I� Weketl elepninq w'M zipver (elze).n Entry/EBI 9281 AM Wheelcheir turning area. Dame5Eo. e 0 5' 1 L Whealchpir perking Boa. BSA In2cal rt vlat2 47;1. P nt !o be watl In Knplgeunlla. FARM maw netting bereara SOFT PLAY CONSTRUCTION — Ment et em.mgn = e = a len Hite dim npma dao ;ei=h Ne.ewM� algPMIZ. a rein Pur equipment Bi vERIFlEO balerc installpllen < le Bleb Le he e m f01 cl. — Concrete ee rSuppaRed aptemv minimum =r Iba' M grtabr dcplM1 � ale plan, u a;IP-1 101eJmunleae .hent ee:elee1;Nng engines• w ,eee.e. —SM1oll rot =rat" "^" — 42PNamp,inrsou LLC. °I INDOOR INSTAWTONS — Intleee s!ta5ont new a minimum openIng - ml mxnmuP U q Olt m t Xme a ePanln9 epnet�.aof/Ta/p',mat pores I """' SOFT PLAY= LLL 11515 MX CAE —SIVE 18)— =ELL C 704-875-6550 FAX 875-8561 CA—UC1793099 AL IBM 013130.100.100 00 WM OM 01 ENEEEM Fr OE MVO 1•11131 BOO 11IF ?BMW OF 9nfi PLAT L 10601110 rot USE 0100 COMMON Unt BE IMBED MECO ODA WON 1im momw AALS Mti 1.1181. 10 MOO MOE 111.14013111111.ON 11E Bo. MAXIM crNor PLO 1 061019016 ON NOE !MIMS 0021 SOUP 01100013. 01.11111100115 o01.1. VOW ALL 12110121010 • 021.1MOIO ON BE .00 Orr AM TB WOE BET IE no10103 OF BeI101100,15 1101.11 TOE 0111.6.6 AMI COMMIS 9.1.r. NC MESE CA▪ N BECOME A JOB. REVISIONS' LETTER IOATE I NAME A 09/02/15 1BC ADD TODDLER AREA DISCLAIMER OF LIABILITY SOFT PLAY, L.L.C. CONFIRMS THAT THE PLACEMENT AND CONFIGURATION OF SOFT PLAY EQUIPMENT ON , AS DEPICTED ON THIS DRAWING, COMPUES WITH THE USE ZONE REQUIREMENTS OF ASTM F 1918 AND OTHER APPLICABLE GUIDELINES. SOFT PLAY IS UNABLE TO VERIFY THE COMPLIANCE OF ANY ON—SITE CONFIGURATION AND/OR PLACEMENT OF NON—SOFT PLAY PRODUCTS, AND THEREFORE, SPECIFICALLY DISCLAIMS, REJECTS. AND DENIES RESPONSIBILITY AND/DR LIABILITY FOR ANY SUCH ON—SITE PLACEMENT OR CONFIGURATION OF NON—SOFT PLAY PRODUCTS. IT SHALL 8E THE RESPONSIBILITY OF THE NON—SOFT PLAY PRODUCT VENDOR AND/OR THE OWNER/OPERATOR TO ENSURE COMPLIANCE WITH THE USE ZONE REQUIREMENTS OF ASTM F 1916 AND OTHER GUIDELINES AS TO ALL NON—SOFT PLAY PRODUCTS SITE VERIFICATION UNIT TYPE, CUSTOM PLEASE SIGN, COPY AND FAX THIS PORTION TO INDICATE THAT ALL MEASUREMENTS, DISTANCES AND CLEARANCES ARE CORRECT AS SHOWN ON THIS DRAWING. ANY OBSTRUCTIONS NOT SHOWN MUST BE IDENTIFIED FROM ACTUAL SITE. CORRECTIONS MUST BE MADE ON THIS COPY AND RETURNED TO THE OFFICE OF SOFTPLAY LLC. FOR APPROVAL PRIOR TO MANUFACT— URING OF THE UNIT. REGION MANAGER' DATE' OWNER/OPERATER: DATE 8 109/09/15 IBE 6001Ff TODDLER AREA G 109/10/15 IBE Loom MO Perim xina 01 111/05/15 I1.48 MODIFY THE UNIT • 112/27/17 IEE MODIFY UNIT 225 COMMERCIAL STREET • KENT SHANKLE WATERLOO , IA 50701 09/09/12 NTS EE CUSTOM P27794E 2 2 FEATURE COMPONENTS) E WAVE CUMBER 2 62 124- THIRD 24 THIRD LEVEL PLAN WAVE CLIMBER 2 0 04 SECOND LEVEL PLAN 39'-O" f 11.8916] 3.0016 20'-0" [6.10m] 9'-2" [2.60m] 6'--1)" [1.83m] NOTE: FIELD VERIFY ALL SITE DIMENSIONS :77e 717 1 rra. _\J uLEEgy1�!,�� 40410114:, N.t included price. ! ®11imi Ili:.)Atar, T_ -I- I 1 IHDI I Oar "4"'" R 1 1 \ J. [1.5216] I BEI PADDED 1 1 +—+—+—+—+—+--1 —� 1 1 1 1 1 1 +-+-+-+-+-+-+- I 1 1 1 1 1 I 1 R — JI [1.52r] OTE TOTAL RECOMMENDED AREA FDR SURFACING I5 214 SQ. FT. ESTIMATED IS 19.950. D1. ESTIMATED CAPACRY= 90 FIRST LEVEL PLAN SOFT PLAY, LLC. IS NOT RESPONSIBLE FOR ADA COMPLIANCE WHEN PRE -MANUFACTURED RUBBER TILE RAMPS ARE USED ON POURED CONCRETE SLABS WITH A GRADE TOLERANCE OF ±1/8" IN FOURTH LEVEL PLAN CC2 DRM FF GB GPP HDL HRG KC LR2 PNL S16 SIS SWD CRISS CROSS DRUMS MUISC PANEL Not Included in Price FUN FOREST GATE GUITAR PLAY PANEL Not included in Price ADA HANDLE HOVER RING KID CONVEYOR LOG ROLL 2 PIANO MUSIC PANELNot Included in Price SLIDE 16 FEET SIT -N -SPIN SKY WHEEL DOUBLE 41 FIFTH LEVEL PLAN VERIFY SPRINKLER & OR HVAC DUCT WORK IN UNIT AREA BEFORE INSTALLATION. VERIFY CEILING HEIGHT 23'-0" [7.01m] j111 .111 FRONT ELEVATION ea SIDE ELEVATION 0 SIGNAGE STD. ENGLISH RULES ! WARNING ! WARNING NO CLIMBING ACCESS GATE NOT FOR CONSTRUCTION PRELIMINARY DESIGN DRAWING FOR APPROVAL OF LAYOUT ONLY. DESIGN IS SUBJECT TO CHANGE BASED ON ENGINEERING AND ACTUAL SITE CONDITIONS. OWNER TO VERIFY ALL EXISTING AND PROPOSED SITE CONDITIONS BEFORE INSTALLATION OF ANY SOFT PLAY, LLC. PLAY EQUIPMENT CAN BEGIN - 4 0 4 8 PANEL DESIGNATIONS GENERAL + TUFF NET VANDAL RESISTANT DESCRIPTION MATERIAL - - SIZE ABBREVIATIONS COLOR COLOR 1 variable) LC CLEAR LEXAN M MESH MB MOLDED BARRIER PANEL (40B) MR MIRROR 672K PLATFORM STEP FILLER, KICKPL. X70 PLATFORM 51EP FILLER, NET 8 KICK PLATE 9"420" 12 KICK PLATE 12'020" 12+ KICK PLATE 12"x44" TN TuffNel^ TNR TuffNel` ROOF PANEL TNH TuffNel^ with HOLE TNC TuffNel above rounded decks TN84.5TuffNet^ DIAGONAL XL Tu/Mel` EDGE ATTACHMENT 060 TuffNel• PLATFORM ATT. w/Edge X634 TuffNel' PLATFORM ATT. w/out TSB TRIPLE SLIDE TuffNel• PANEL XX77 EXTRUDED PAD ASSEMBLY 360' X00 EXTRUDED PAD ASSEMBLY 160 X1 CUT KIT lal X2 CUT KR 211 LEGEND REQUIRED MINIMUM use zone Tori o orrr tl Mfmn one glin9 SOFT PLAYunita da hod line. no4�c[ N r. Flnal IocAlon d , sledpby dnrgn, w5416 5legning 19. 'th Apper (size). Entry/fail P.M. INTEI ADA Wheelchair turning area. [Hr. -3 a. i Wheelchair parking area. U.SA Inmlate9 esie+ing lempenenL w ba aN.ae Raplar p Ta. L ---J ;OOi ►OOww woAVc interlor netting bowlers SOFT PLAYCONSTRUCTION --intent R eaemngp IR to en ..",trait b 61 pr*iwIn by SOff PUY. ua Mi . seV.; n a li eE rvI Flip 6 et sair Ya er2ea,IMsa`labe 11ms orle4 olnv that m plh nom IRO mile p ti WonearUU001U new alb lm' nolrenbyd"e n •srt en je M;r. I:1"ud mall n 1.1116 1H" pen m wi`pm"yieee er al INDOOR INSTALLATIONS — Indy uxt hove a minimum opening — Unita silo o TALE ROCRET CONE mast nese minfum opening of X • 17•. a PLATON! musk hose a minimum opening e l 10" • 1a". u DISCLAIMER OF LIABILITY SOFT PLAY, LL.C. CONFIRMS THAT THE PLACEMENT AND CONFIGURATION OF SOFT PLAY EQUIPMENT ONS_ AS DEPICTED ON THIS DRAWING, COMPLIES WITH THE USE ZONE REQUIREMENTS OF ASTM F 1918 AND OTHER APPLICABLE GUIDEUNES. SOFT PLAY IS UNABLE TO VERIFY THE COMPLIANCE OF ANY ON-SITE CONFIGURATION AND/OR PLACEMENT OF NON -SOFT PLAY PRODUCTS, AND THEREFORE, SPECIFICALLY DISCLAIMS, REJECTS, AND DENIES RESPONSIBILITY AND/OR LIABILITY FOR ANY SUCH ON-SITE PLACEMENT OR CONFIGURATION OF NON -SOFT PLAY PRODUCTS. IT SHALL BE THE RESPONSIBILITY OF THE NON -SOFT PLAY PRODUCT VENDOR AND/OR THE OWNER/OPERATOR TO ENSURE COMPLIANCE WITH THE USE ZONE REQUIREMENTS OF ASTM F 1916 AND OTHER GUIDELINES AS TO ALL NON -SOFT PLAY PRODUCTS SITE VERIFICATION UNIT TYPE: CUSTOM PLEASE SIGN, COPY AND FAX THIS PORTION TO INDICATE THAT ALL MEASUREMENTS. DISTANCES AND CLEARANCES ARE CORRECT AS SHOWN ON THIS DRAWING. ANY OBSTRUCTIONS NOT SHOWN MUST BE IDENTIFIED FROM ACTUAL SITE. CORRECTIONS MUST BE MADE ON THIS COPY AND RETURNED TO THE OFFICE OF 50FTPLA7 L.LC. FOR APPROVAL PRIOR TO MANUFACT URING OF THE UNIT_ REGIONMANAGER: DATE OWNER/OPERATER- DATE- SOFT PLAY, LLC 11515 W@ORf 011E 911E 1m— IU IE IC DIA 704-875-6550 FM 875-6561 CA—UC/793099 fr NO 1▪ nm F m ME SW PLR ▪ ON NOE SCO COMECOM ION t a OMrilr ▪ MOM IN Mt COSONAISOOT Ma pairfOrrig. SNOWNO MOTO. ON VIE COOSTE MO ries OFTSCE ratat WV= Of AM W.RONSMON THE MEN.. MOMOM, BONN BY NESELMUNP WORE MPG...1.1 BECOME A 40E4 REVISIONS LETTER) DATE! NAME A 105/02/15 IBE A00 TODDLER AREA 8 109/09/55 IBE MODIFY TODDLER MEA C 109/10/15 IBE me 0.01,031X0 0.+.m 01 111/05/15 IMF MODIFY 114E UNIT E 112/27/17 IEE MODIFY UNIT WATERLOO CENTER FOR THE ARTS 225 COMMERCIAL STREET KENT SHANKLE WATERLOO , IA 50701 09/09/12 NTS EE CUSTOM P27794E 2 Soft Play, L.L.C. 11515 Vanstory Drive Suite 100 Huntersville, NC 28078 USA main: 704.875.6550 fax: 704.875.6561 800.782.PLAY (7529) www.softplay.com Proposal Project: Date: Waterloo Center for the Arts 225 Commercial Street Waterloo, IA 50701 January 3, 2018 Submitted To: Proposal Number. Kent Shankle P27794E 225 Commercial Street Waterloo, IA 50701 Contractor License #: We submit herewith, for your review and approval, the following drawings and cost projections for the products listed below. These prices are valid for 60 days from the proposal date. Our terms and conditions for payment are 50% at the date of proposal acceptance and the remaining 50% prior to shipment. The remaining 50%, as an alternative, may be secured by an Irrevocable Letter of Credit that will be due and payable upon completion of the project. Unit: CUSTOM Retail Price $70,576.00 Guitar Panel Not Included In Price - Can Be Added for $2,000.00 Piano Panel Not Included in Price - Can Be Added for $2,000.00 Drum Panel Not Included in Price - Can Be Added for $2,000.00 Price $53,597.00 Installation $14,999.00 Surfacing: Safety Tiles $4,695.00 Shipping and Handling $1,708.00 Sales Tax (estimated) Assumed Exempt Total $74,999.00 Installation pricing covers install of Soft Play -supplied products only, unless otherwise specified in writing. Please verify these plans and call me for any revisions, changes or assistance in proceeding with this project. Thorough customer review and pre -approval of proposals and designs is essential to accomplishing accurate production, delivery and construction of Soft Play equipment. The customer must review and pre -approve site plans, designs and renderings in order to ensure that the proposed equipment satisfies the customer's requirements, fits within the customer's space, and complies with the customer's color selections. It is recommended that the customer's architect and/or general contractor review all critical dimensions. Color samples can be provided upon request. Subsequent to customer approval, Soft Play, LLC is not responsible for redesign of the play system or additional parts and labor to alleviate play system interference with customer's building structure and mechanics, or to accommodate additional or altered access or egress around the system. Additionally, Soft Play, LLC will not be responsible for color changes that differ from the proposal renderings. Approval: I hereby acknowledge and agree that: I have reviewed proposal number dated (attached hereto); I and/or my authorized representatives have reviewed the dimensions of the site in conjunction with the dimensions and footprint of the proposed Soft Play equipment; and I have reviewed all color selections. hereby approve the proposal, design, site plan, and colors. Additionally, I hereby acknowledge and agree to the terms and conditions contained in the Purchase Agreement. Owner Operator: Printed Name: Date: Sales Representative: Curtis Tiano Project Manager: Beatrice Crosby 1/3/2018 Page 1 of 1 Soft Play, L.L.C. 11515 Vanstory Drive Suite 100 Huntersville, NC 28078 USA main: 704.875.6550 fax: 704.875.6561 800.782.PLAY (7529) www.softplay.com Purchase Agreement State of North Carolina County of Mecklenburg THIS AGREEMENT, made and entered into by and between SOFT PLAY, L.L.C., a Delaware Limited Liability Company, "Seller" and; Kent Shankle Date:1/3/2018 225 Commercial Street, ((31)9) 291-4490 Waterloo, IA 50701 Hereinafter called "Buyer". LSALE OF GOODS Seller shall sell to Buyer, and Buyer shall purchase from Seller a system of play elements or materials designed by Seller, which are identified in this contract under "Description of Materials and Services". II SHIPMENT AND INSTALLATION The Play Unit will be shipped by Seller, in time for installation to commence on or about 45 days after receiving signed agreement. Buyer will prepare a suitable site to Seller's specifications for installation of the Play Unit. Warehousing of materials due to delays caused by Buyer shall be paid for by Buyer. Seller will install the Play Unit on the site prepared by the Buyer. The estimated time for installation of the Play Unit shall be sixteen "work days." Installation is contracted by the job, not by the number of hours or days. If there is no change to the scope of work, and no delays, there is no increase in cost if installation goes past the number of estimated days. Additionally, there is no discount if installation completes early. III. RECEIPT AND STORAGE OF MATERIALS It shall be the responsibility of the Seller to unload all materials and the responsibility of the Buyer to provide for the security of same at the construction site. IV. SALE PRICE/TERMS OF SALE The total price to be paid to Seller by Buyer for the job described shall be, $74,999.00 "Sales Price". V. PAYMENT (a) Sales Price shall be paid to Seller by Buyer as follows: $37,499.50 Due and payable upon execution of this agreement. $37,499.50 Due and payable before shipment departs seller's warehouse. (b) Any remaining amounts due will be paid upon receipt of an invoice. Interest will be charged on any balance unpaid after ten (10) days at the rate of 1.5% per month. (c) Buyer shall be liable for and shall pay all taxes, excises, and/or other charges as may be required by state or local statutes or codes. (d) Buyer or his agent is responsible for advising Seller in writing ten (10) days prior to the anticipated shipping date if a delay is necessary. In such case, Seller will reschedule the anticipated shipping date in accordance with the next available installation opening. No charge will be made by Seller for storage of the Play Unit covered by this Agreement for a period often (10) days following the original anticipated shipping date. Merchandise held beyond ten (10) days will be stored in facilities deemed appropriate by Seller. Buyer is responsible for all costs for handling, transport and warehousing so incurred. Merchandise held at Buyer's request for more than ten (10) days beyond the original anticipated shipping date will be invoiced by Seller. Buyer hereby agrees to pay said invoice m full according to the SALES PRICE/TERMS OF SALE, Paragraph V.(a). The warranty period for merchandise invoiced in accord with this paragraph shall begin at the time the Play Unit is installed at the Buyer's site. VI SECURITY INTEREST Buyer hereby grants to Seller a security interest in the equipment during the period of construction and up to the time of final payment. Seller's security interest shall be a first lien on the equipment specified in this agreement. Buyer agrees to execute any additional documents that may be required by Seller to protect its security interest including, but not limited to, UCC fling statements attached to this agreement. Upon payment in full of all sums due under this Agreement (and any change orders or other written modifications thereto) Seller shall execute and release to buyer UCC termination statements appropriate to release its security interest. VIL PERMITS AND LICENSES Buyer shall apply for and obtain all necessary building and other governmental permits and licenses, which may be required in connection with the installation to be performed hereunder. Buyer agrees to bear any costs incurred by Seller to comply with and conform to any unforeseen special requirements of local laws, ordinances, and governmental regulations relating to the construction of the Play Unit. VIII LIENS Buyer hereby agrees to indemnify and to save Seller harmless from and against any and all liens, claims or encumbrances against the property or the improvements to be erected on Buyer's site by Seller. (Any claim arising out of Seller's non-payment of materials and/or labor are excepted.) IX. CHANGE ORDERS Buyer, without in any way invalidating this Contract, may request changes, additions, and/or, omissions in the work upon written order to Seller with such adjustments in the amounts payable hereunder as may be determined by Seller and accepted by Buyer. No additions or change orders will be made unless agreed upon in writing, and authorized by the Seller. Buyer acknowledges that any additions or change orders requested by Buyer after the execution of this Agreement may result in a change to the installation date and the time allotted for the installation. All additions shall be paid for in full in accordance with the terms of paragraph V. X. CONTINGENT MODIFICATIONS Unexpected conditions resulting in necessary or requested alterations or additions to the Play Unit in order to facilitate installation, such as location, floor space arrangement, special effects, safety considerations, etc., causing additional design or installation costs, not shown in the contract price, will be added to the final payment invoice, or billed separately and will become part of this Contract. Any variance greater than 3% of the total Sales Price must be approved in writing by Buyer. XI. MAINTENANCE AND REPAIR Buyer is responsible for routine inspection, safe operation and maintenance of the Play Unit. XH. WARRANTIES Seller warrants for a period of one year from the date that the installation of the Play Unit is complete that the play elements described herein will be fabricated in a workmanlike manner, and that the play elements will be free from defects in materials and workmanship. During the stated one year period the Seller shall service any play elements which were defective without charge to Buyer. Parts required which are not defective shall be replaced at additional cost. Seller shall not be required to make any repairs or replace any parts if damage to the Play Unit is caused by vandalism, abuse, or by extraordinary wear and tear. Buyer agrees to promptly notify Seller of any defects immediately upon detection. Defective items will be either repaired or replaced by Seller at Seller's option. Buyer will prepay freight on returned defective items and charge to Seller, and Seller will prepay freight charges upon the return to Buyer. Seller shall retain the right to close the operations of the Play Unit during any time that repairs are being made. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED. X1II. ALTERATIONS No alterations shall be made by Buyer to the Play Unit without express written authorization of Seller. Any unauthorized alteration of the Play Unit shall terminate any liability of Seller resulting from use of the Play Unit. Buyer hereby expressly agrees to indemnify and hold Seller harmless from and against any and all claims, suits and other expenses (including attorney's fees) resulting from injuries to third parties on equipment that has been altered in any way. This indemnity agreement shall apply to all successors and assigns of Buyer. Buyer's liability for such indemnity shall not be released upon transfer of the Play Unit, and Buyer shall expressly contract with any subsequent transferee to maintain this Indemnity Agreement for the benefits of Seller. XIV. INSURANCE Seller and Buyer agree to maintain adequate insurance to protect Seller and Buyer from claims and liability under the Workmen's Compensation Act, and claims for injury or damage to persons or property covering all work performed hereunder by their respective employees or agents. Buyer agrees to maintain bodily injury liability insurance in an amount of not less than $1,000,000 to cover death or injury to any one person in any one accident and not less than $1,000,000 per occurrence. This agreement to maintain bodily injury liability insurance shall apply to all successors and assigns of Buyer. Buyers liability for such insurance shall not be released upon transfer of the Play Unit unless Buyer expressly contracts with a subsequent transferee to maintain bodily injury insurance in the above limits. XV. PHOTOGRAPHY. Seller has the right to video or photograph the play area and play structure prior to, during, or after installation for purpose of documentation and/or promotion material. XVI. LIMITATION OF DAMAGES The sole liability of Seller under the warranties contained in Paragraph XII herein shall be the repair and/or alterations required to correct defects in materials and workmanship. Seller shall not be liable for any delays caused by circumstances beyond Sellers control, such as weather, fire, labor problems, shortage of supplies and materials, unforeseen difficulties in installing the play elements, and without limiting the foregoing, other conditions which are beyond the control of Seller. Buyer acknowledges and stipulates that the equipment sold hereunder is designed as "monitored play equipment". Buyer shall monitor the Play Unit at all times when the Play Unit is in operation. Buyer agrees to indemnify Seller against any and all liability resulting from or related to unmonitored use of the Play Unit which is in violation of this paragraph. XVII. ENTIRE AGREEMENT This Agreement is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. No other representation, understandings, or agreements have been made or relied upon in the making of this agreement other than those set forth herein. This Agreement can only be modified in a writing signed by the parties hereto or their duly authorized agents. XVHI. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be enforceable by and against the parties, their heirs, personal representatives, successors and assigns, including successors by way of reorganization and/or liquidation. XIX. CONSTRUCTION This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law provisions. If any part of this Agreement shall be invalid or unenforceable, that fact shalt not affect the validity of the balance of this Agreement. Buyer consents to and submits itself to the jurisdiction of the State and Federal Courts located in North Carolina, Mecklenburg County, for the purpose of enforcing this Agreement. DESCRIPTION OF MATERIALS OR SERVICES SOFT PLAY, L.L.C, will provide the Play Unit and such incidental services as described in the AGREEMENT OF SALE as specified below. TYPE OF PLAY UNIT: CUSTOM SURFACING: Safety Tiles METHOD OF SHIPMENT: SAFE CAPACITY: $53,597.00 $4,695.00 90 LOCATION OF INSTALLATION SITE: Waterloo, IA UNIT LOAD DATE TBD CONSULTING FEE: DESIGN FEE: INSTALLATION FEE: FREIGHT: OTHER: (Estimated Taxes) PROPOSAL NUMBER: P27794E UNIT ON SITE DATE: TBD DURATION OF INSTALL: (work days excluding weekends and Holidays): 16 $0.00 $0.00 $14,999.00 $1,708.00 $0.00 UNION INSTALL? Yes or No: APPROXIMATE # OF INSTALLERS: 2-4 IF UNION, MIX OF INSTALLATION LABOR FORCE: GRAND OPENING OR OTHER CRITICAL DATE(S): To ensure your Soft Play° equipment is delivered on time and on budget, we will be contacting you before shipping to confirm your site is ready. Before your Soft Play° equipment can be shipped, you will receive a Site Readiness Checklist that must be completed and faxed back to Soft Play, L.L.C., with all criteria met. NOTES: 1. Signing of the Purchase Agreement alone does not constitute project commencement and the beginning of countdown to delivery. Monetary obligations as outlined in the Purchase Agreement must be stet before the project is scheduled for manufacturing. In addition, a verified and signed site drawing must be received before the project can be scheduled. Delays in receivingpayntents and/or documents as required will result in dates noted above shifting accordingly. 2. Normal installation workdays are 10 hours/day, Monday—Saturday. Sunday and Holidays are not typical. 3. Unless specifically noted, union installation and its associated higher fees have not been quoted Bayer is responsible for installation costs inured over and above what has been quoted if Union or other prevailing wage requirements are unknown to Seller upon quotation.. 4. Installation price quoted is predicated upon play system construction taking place within -200 feet of where the delivery buck is unloaded. Greater distances will result in additional charges. 5. If Soft Play has not been notified per the Purchase Agreement of a delay 111 shipment, the buyer will be responsible for an $80/day USD storage fee. 6. When the Installation Technicians arrive, if the site is not ready exactly as signed off on the Site Readiness Checklist and the installation cannot be conducted as scheduled a $500/day USD delay charge will be assessed. Authorization for Soft Play Signoff Immediately after each Soft Play installation is completed, one of our Installation Technicians must conduct a review of the play system accompanied by the Buyer or an Authorized Representative of the Buyer and get an official signoff on the job. The Installation Technician will: • Review the specifications of the design as per the plan • Check off that the required criteria have been met • Confirm with the Buyer/Authorized Representative that the installation is to their satisfaction. The Installation Technician will complete a checklist and will ask for the signature of the Buyer/Authorized Representative. • It is crucial that the Buyer/Authorized Representative be present for the signoff • If there are any outstanding questions or concerns, they must be identified and noted at the time of signoff. Installations may be completed at odd hours of the day/night. Due to the prescheduling of our Installation Technicians it is important that the Buyer/Authorized Representative be aware that they may be required for signoff immediately upon completion of the install. Please list the names and telephone numbers of all individuals who will be authorized and available to sign off on the installation: (Buyer) (phone) (Authorized Representative of the Buyer) (phone) (Authorized Representative of the Buyer) (phone) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written: SELLER: Soft Play LLC BUYER: BY: Rvatrirp Crnshy BY: TITLE: Project Manager DATE: 1/3/2018 TITLE: DATE: This Soft Play® design creates a memorable experience and endless play opportunities to make your destination an attraction families will come back to time and time again. CONFI©ENTVAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. FEATURED PLAY Soft Play systems are designed to promote active, inclusive, age- appropriate play that challenges physical, social, cognitive and decision-making skills in children of all ages and abilities. Look for these symbols to see how each of our play experiences helps move bodies, minds and imaginations: IMAGINATION stimulates creativity to keep the mind as active as the body ACTIVE gets arms, legs, hearts and lungs working EXCLUSIVE play events that are exclusive to Soft Play \1/ 4.0)k SENSORY involves sights, sounds and touch as you play SOCIAL encourages kids to play cooperatively INCLUSIVE enables kids of all abilities to play CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. ADULT CLIMBER This climb gives parents and maintenance crews easy access to all levels of the play area. I41001( •li SPIRAL SLIDE Kids will love spiraling out of control on these smooth, fast and fun slides. KID CONVEYOR Fun is on a roll as kids use hand strength to pull themselves over rolling logs. 4419 HOVER RING This uniquely shaped, suspended ring is fun for kids to crawl through and hang out. CRISS-CROSS This high -step staggered obstacle is a hurdle kids will love getting over. LOG ROLL Kids can work out like a lumberjack white also learning core -body balance awareness. ill CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. SKYWHEEL Kids will love taking a spin on this challenging hand -over -hand course with a twist. ELECTRONIC PIANO PLAY PANEL Kids can play highly realistic music featuring 8 piano notes and 8 percussion tones. • SIT -N -SPIN Kids will love giving this heavy-duty version of the at-home kids' classic a whirl. ELECTRONIC DRUMS PLAY PANEL Kids can pound out a drum solo by making their own realistic percussion tones. WAVE CLIMBER Swirling shapes add a cool new twist to traditional climbing decks. sir , (� s(! ELECTRONIC GUITAR PLAY PANEL Kids can rock out on the playground while playing their own realistic guitar chords. (741e,', ( ?)(40 CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. WHY SOFT PLAY? MANUFACTURING FACILITY IN MONETT, MISSOURI 33+ 25,000+ INSTALLS years of service Soft Play is a proven global leader in the contained play industry. We bring more than 30 years of experience and industry knowledge that is unmatched. Through unique play designs, a passion for quality and safety, and the uncompromising commitment to our clients' success, we build play spaces that attract and engage families day after day. CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. OUR GLOBAL MANUFACTURING FOOTPRINT Soft Play is a division of PlayPower, Inc., one of the largest playground and recreation companies in the world. The PlayPower family of brands has hundreds of years of combined experience bringing play and recreation to life. 114 Silver Lake, INR ♦ Lewisburg, PA Monett, MO 'Huntersville, NC Nogales, Mexico' 'Dallas, TX trdt Selby, UK' 'Sosnowiec, Poland HAGS' PLAyWORLD Miracle PleyStxuctuxea soft play USASHADE WABASH VALLEY CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. OUR DIFFERENCE IS YOUR ADVANTAGE As a global leader in the play industry for more than 33 years, Soft Play combines innovation with performance, delivers superior quality and safety, represents a lasting value and has little impact on the environment. Our products are made to meet or exceed industry quality, safety and environmental standards, including:: • ISO 9001-2000 • ISO 14001 • OHSAS 18001 • ASTM 1918 • Consumer Product Safety Improvement Act CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. HIGH QUALITY MATERIALS Designed for durability, cleanability and visibility TuffNet' Improves visibility and the structure's appearance Durable and maintenance free Resistant to vandalism and tearing Rotational Molded Deck Systems Provide greater durability and longer life Modernize the structure's appearance Add the sensory benefit of textured surfaces TuffSkin Post Pad Durable, lightweight, affordable polyethylene padding Increases resistance to the elements Provides safer play for kids Talk to a Soft Play sales representative for more detailed information about our materials. CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION. SHANK YOU! softplay.com Soft Play, Inc. is a Division of PlayPower, Inc. 1 © Soft Play, LLC. CONFIDENTIAL. SOFT PLAY, LLC. NOT FOR DISTRIBUTION.