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Contract 2024-037ADocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA AGREEMENT No. 2024-037 PICNIC PAVILION DESIGN -BUILD PROJECT THIS AGREEMENT is made and entered into this Tuesday, June 25, 2024, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida, whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and LANIER PLANS, INC. D/B/A KORKAT, whose address is: 221 Cable Industrial Way, Carrollton, GA 30117, (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work described in the specifications entitled: RFP 24-073 titled Picnic Pavilions Design -Build Project, as prepared by the CITY and its agents and shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. 2. THE CONTRACT SUM The CITY shall pay to the CONTRACTOR for the faithful performance of the Contract, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, the Price Schedule, attached hereto and incorporated herein as Exhibit "A". The total contract sum shall not exceed ONE HUNDRED SIXTY-THREE THOUSAND, ONE HUNDRED FIFTY-FOUR DOLLARS, AND 95/100 CENTS ($163,154.95). 3. COMMENCEMENT AND COMPLETION OF WORK A. The CONTRACTOR shall commence work within Ten (10) calendar days after receipt of (i) Purchase Order and/or Notice to Proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will complete the same within ONE - HUNDRED FIFTY (150) calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. B. The CONTRACTOR shall prosecute the work with faithfulness and diligence. C. The CONTRACTOR further declares to have examined the site of the work and that from personal knowledge and experience or that CONTRACTOR has made sufficient investigations to fully satisfy that such site is correct and suitable for the work and CONTRACTOR assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings 1 DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA Standard Agreement RFP 24-073 Picnic Pavilions Design -Build Project and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work. It is expressly agreed that under no circumstances, conditions, or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. 4. LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Purchase Order and/or Notice to Proceed, or any authorized extension thereof, the CONTRACTOR shall pay to CITY the sum of THREE HUNDRED DOLLARS ($300) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the CITY, and shall be considered not as a penalty, but in the liquidation of damages sustained. CONTRACTOR shall pay the liquidated damages amount contained herein to CITY within fifteen (15) days of receipt of CITY's written demand for such payment. B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for protection. 5. PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the CITY shall pay the CONTRACTOR as follows: A. CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the CITY shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved estimate by the CITY for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the CITY shall retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. B. Upon submission by the CONTRACTOR of evidence satisfactory to the CITY that all payrolls, material bills, and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the CITY, final payment on account of this Agreement shall be made within thirty (30) 2 DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA Standard Agreement RFP 24-073 Picnic Pavilions Design -Build Project calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the CITY. 6. DISPUTE RESOLUTION - MEDIATION A. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liabilitv Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: A. CONTRACTOR's Commercial General Liability, $500,000 Each ($1,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit B. Automobile Liability Coverages, $500,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA Standard Agreement RFP 24-073 Picnic Pavilions Design -Build Project The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. SubCONTRACTOR's Public Liabilitv and Propertv Damage Insurance The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 7.4. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 8. NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. 4 DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA Standard Agreement RFP 24-073 Picnic Pavilions Design -Build Project CONTRACTOR: Lanier Plans Inc. dba KorKat 221 Cable Industrial Way, Carrollton, GA 30117 Attn: Shane Lanier, CEO OWNER: City of Clermont 685 W. Montrose Street, Clermont, FL 34711 Attn: Brian Bulthuis, City Manager Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. 9. MISCELLANEOUS 9.1. Attornevs' Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver The waiver by CITY of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA Standard Agreement RFP 24-073 Picnic Pavilions Design -Build Project 9.5. Entire Agreement This Agreement, including the documents incorporated by reference, contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assignment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of the CITY. 9.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Florida. 9.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, including the following: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Florida's Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE 11 DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA Standard Agreement RFP 24-073 Picnic Pavilions Design -Build Project CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331. 10. CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: A. Contract Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in RFP 24-073 titled Picnic Pavilions Design -Build Projectand CONTRACTOR's response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 27t" day of June, 2024. CITY OF CLERMONT DocuSigned by: 2BA7692F758C492... Tim Murry, Mayor ATTEST: DocuSiignedd �by, �GO GP W�yVDP�4tJ� \ 36CE73E6E94E49F... Nicole Wisniewski, Deputy City Clerk DS 7 DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA LANIER PLANS, INC. D/B/A KORKAT CID,ocAulS^lignedbyy:I ' ty By; DE0276E567214F6... Print Name: Shane Lanier Title: Owner Date: 6/27/2024 DocuSign Envelope ID: 2B6DOF78-7904-40D7-AF51-57DAC00004FA EXHIBIT "A" C(D P(/aYG2OUND5 & SYE /aMENTES 7. Cost of Services DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA T7LAY62.OUND5 9 57'6 (AHGM 1G5 Name & Address for Bill To: City of Clermont 685 W Montrose St Clermont, FL 34711 Project or PO # Lanier Plans, Inc. dba KorKat 221 Cable Industrial Way Carrollton, GA 30117 770-214-9322 Ship To City of Clermont 685 W Montrose St Clermont, FL 34711 Estimate Date Estimate # 5/1/2024 53705 Rep KL Item Description Qty Cost Total PALATLAKAHA PARK PAVILION SQ-24-SW STEELWORX SQUARE 24X24 W/8' EAVE 1 25,509.00 25,509.00T W/ 4:12 PITCH ROOF POLYESTER POWDER COATED FRAME W/24 GA MULTIRIB METAL ROOFING SUBTOTAL 25,509.00 DISCOUNT 10% REP DISCOUNT 10% -10.00% -2,550.90 DISCOUNT 5% KORKAT DISCOUNT 5% -5.00% -1,275.45 SUBTOTAL 21,682.65 ENGINEERED DRAWINGS ENGINEERED DRAWINGS WITH CALCULATIONS 1 1,050.00 1,050.00 SUBTOTAL 1,050.00 INSTALL -SHELTER INSTALL -SHELTER 1 17,856.00 17,856.00 OTHER SURFACING INSTALL OF CONCRETE PAD AND WALKWAY - 886 SF 1 10,632.00 10,632.00T SUBTOTAL 28,488.00 LAKE FELTER PARK PAVILION SQ-24-SW STEELWORX SQUARE 24X24 W/8' EAVE 1 25,509.00 25,509.00T W/ 4:12 PITCH ROOF POLYESTER POWDER COATED FRAME W/24 GA MULTIRIB METAL ROOFING SUBTOTAL 25,509.00 DISCOUNT 10% REP DISCOUNT 10% -10.00% -2,550.90 DISCOUNT 5% KORKAT DISCOUNT 5% -5.00% -1,275.45 SUBTOTAL 21,682.65 ENGINEERED DRAWINGS ENGINEERED DRAWINGS WITH CALCULATIONS 1 1,050.00 1,050.00 SUBTOTAL 1,050.00 INSTALL -SHELTER INSTALL -SHELTER 1 17,856.00 17,856.00 OTHER SURFACING INSTALL OF CONCRETE PAD AND WALKWAY - 741 SF 10,632.00 10,632.00T Prices quoted are good for 15 days and are subject to total purchase except for shipping which is subject to market changes. Installation price assumes normal soil conditions and does not include rock excavation, unforeseen conditions, or replacement of bad soil conditions. Any additional work will be priced prior to the continuation of installation. Please note that a 50% deposit is due at the time of order with any estimate that includes installation. Payment of 100% is due at the time of order for all equipment purchases without installation. Phone # Fax # E-mail Total 770-214-9322 770-214-9323 DeannaP@KorKat.com Page 1 Signature DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA T7LAY62.OUND5 9 57'6 (AHGM 1G5 Name & Address for Bill To: City of Clermont 685 W Montrose St Clermont, FL 34711 Project or PO # Lanier Plans, Inc. dba KorKat Estimate 221 Cable Industrial Way Carrollton, GA 30117 770-214-9322 Date Estimate # 5/1/2024 53705 Ship To City of Clermont 685 W Montrose St Clermont, FL 34711 Rep KL Item Description Qty Cost Total SUBTOTAL 28,488.00 WATERFRONT PARK PAVILION SQ-24-SW STEELWORX SQUARE 24X24 W/8' EAVE 1 25,509.00 25,509.00T W/ 4:12 PITCH ROOF POLYESTER POWDER COATED FRAME W/24 GA MULTIRIB METAL ROOFING SUBTOTAL 25,509.00 DISCOUNT 10% DISCOUNT 10% -10.00% -2,550.90 DISCOUNT 5% DISCOUNT 5% -5.00% -1,275.45 SUBTOTAL 21,682.65 ENGINEERED DRAWINGS ENGINEERED DRAWINGS WITH CALCULATIONS 1 1,050.00 1,050.00 SUBTOTAL 1,050.00 INSTALL -SHELTER INSTALL -SHELTER 1 17,856.00 17,856.00 OTHER SURFACING INSTALL OF CONCRETE PAD AND WALKWAY - 1,426 SF 10,632.00 10,632.00T PERMITTING PERMITTING FEE 1 2,000.00 2,000.00 FREIGHT SHIPPING & HANDLING 1 7,493.00 7,493.00 KORKAT CONTACT KRISTIN LIBBY 407-747-1669 KristinL@KorKat.com Total sales tax calculated by AvaTax 0.00 0.00 Select this as a transaction's tax to use AvaTax 0.00 Prices quoted are good for 15 days and are subject to total purchase except for shipping which is subject to market changes. Installation price assumes normal soil conditions and does not include rock excavation, unforeseen conditions, or replacement of bad soil conditions. Any additional work will be priced prior to the continuation of installation. Please note that a 50% deposit is due at the time of order with any estimate that includes installation. Payment of 100% is due at the time of order for all equipment purchases without installation. Phone # Fax # E-mail Total $163,154.95 770-214-9322 770-214-9323 DeannaP@KorKat.com Page 2 Signature DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA Dates are estimates based on current information and subject to change. Any acceleration or delay in the process will impact subsequent dates. Project name: CITY OF CLERMONT Estimate Number: 53705 6/13/2024 Date will change if awarded the bid 6/13/2024 Contracts and Deposits, Final Colors 6/20/2024 to 6/27/2024 Ordering of Materials Playgrounds: 7/4/2024 to 7/25/2024 Playground Engineering 8/22/2024 to 12/12/2024 Playground Permitting Manufacturing: 10/3/2024 to 11/7/2024 Steel Play 10/10/2024 to 11/14/2024 Steel Play Custom 10/10/2024 to 11/7/2024 Steel Active Courses 7/4/2024 to 7/11/2024 SRP Quick Ship Units 10/17/2024 to 11/21/2024 GFP (if metals/plastics are required) 10/17/2024 to 11/21/2024 GFP Custom (if metals/plastics are required) 12/26/2024 to 2/6/2025 FX Play New Concept (Steel & Recycled) 10/17/2024 to 11/21/2024 FX Play Previously Engineered & Manufactured (Steel) 10/24/2024 to 11/28/2024 FX Play Previously Manufactured (GFP/Recycled) 9/26/2024 to 10/10/2024 Indoor Play 8/29/2024 to 9/12/2024 ActionFit Fitness Products 10/17/2024 to 11/7/2024 Ascend Rope Products (Standard Models) 11/14/2024 to 11/28/2024 Ascend Rope Products (Custom Orders) 11/14/2024 to 12/12/2024 Playdale Products (if shipping from UK) 11/14/2024 to 12/26/2024 Natural Elements Products 7/11/2024 to 7/18/2024 Freenotes 8/22/2024 to 8/29/2024 Ultra Play Products 7/25/2024 to 8/8/2024 Nature of Early Play - small orders 9/19/2024 to 10/17/2024 Nature of Early Play - midsized playground projects 10/17/2024 to 11/14/2024 Nature of Early Play - large sized playground projects Shades: 7/25/2024 to 8/8/2024 Shade Engineering 9/5/2024 to 12/26/2024 Shade Permitting Manufacturing: 11/7/2024 to 11/14/2024 Shade (Standard Orders) 11/14/2024 to 11/21/2024 Shade (Modified Standard) 11/21/2024 to 12/19/2024 Shade (Highly Custom) 1/9/2025 to 1/23/2025 Shade Sails (after dimensions received) 11/7/2024 to 11/21/2024 Shade (Replacement Fabrics) Shelters: 6/27/2024 to 7/11/2024 Shelter Engineering 8/8/2024 to 10/8/2024 Shelter Permitting Manufacturing: 10/17/2024 to 10/31/2024 Shelter 10/3/2024 to 10/10/2024 Shelter (Coverworx) Site Amenities: 7/25/2024 to 8/29/2024 Site Amenities (Quick Ship - U1traLeisure) 8/1/2024 to 9/12/2024 Site Amenities (New Recycled Products) 9/12/2024 to 9/26/2024 Site Amenities (Standard Orders) 9/26/2024 to 11/7/2024 Site Amenities (Custom/Uptown) 9/26/2024 to 11/7/2024 Site Amenities (Uptown Recycled) 10/17/2024 to 10/31/2024 UltraSite High End (Premium) 10/3/2024 to 10/10/2024 UltraSite Recycled Product 9/5/2024 to 9/19/2024 UltraSite Wood, Bark Park Kits, and Standard Thermoplastic (any 8 colors) 7/25/2024 to 8/1/2024 UltraSite Bike Racks and Grills/Fire Rings 7/25/2024 to 8/8/2024 UltraSite Bark Park a la carte 8/22/2024 to 9/5/2024 UltraSite Aluminum, Lettered Benches and All Other Thermoplastics 9/5/2024 to 9/19/2024 UltraSite Human Fountains, Dog Fountains, and Combo 10/17/2024 to 10/24/2024 UltraSite Recyled Bark Park Products Categorey (ReBark) Delivery and Installation timeline begins after Permits obtained and Equipment is received 10/10/2024 Equipment receipt example based on latest date for Shade (Highly Custom) manufacture ****For Shade Sails only, use the latest date for Shade (Modified Standard)**** Delivery and Installation 10/11/2024 to 10/31/2024 Playgrounds, Shades, Shelters or Site Amenities 2/6/2025 to 2/20/2025 Shade Sails Surfacing 11/7/2024 to 12/12/2024 Surfacing site with equipment installation 8/22/2024 to 10/17/2024 Surfacing site without equipment installation 2/20/2025 to 3/27/2025 Surfacing site with shade sail installation DocuSign Envelope ID: 2B6DOF78-7904-40D7-AF51-57DAC00004FA P(/aYG2OUND5 & SYE /aMENTES 8. Warranty information DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA Ag^khh- COV RWORX Rerreat►anal Arrh►terture 10 Year Limited'WvLx-ranty Coverworx-Recreational Architecture, a division of Ross and Barr, Inc. (hereinafter "Coverworx") warrants that the structure or product purchased will be free from defects in materials and workmanship under normal use for period of ten (10) years from the delivery date. The entire liability of Coverworx and its suppliers, and the exclusive remedy shall be for Coverworx to repair and replace materials found to be defective. The repair or replacement of materials shall be at the expense of Coverworx. This limited warranty applies to all product(s) under normal use and is void if any damage has resulted from abnormal use, abuse, accident, vandalism, poor or careless installation, lack of maintenance, misapplication, service or modifications by someone other than Coverworx or its suppliers. This warranty excludes color fading within ten (ten) nautical miles of any area retaining salt water or brackish water. Any replacement part under warranty is warranted for the remaining original warranty period or 1 year, whichever is longer. Steel roof finish shall be warranted for 20 years under a separate roof manufacturer's warranty. Powder coat paint shall be warranted for 10 years after acceptance from owner against peeling, flaking, and rusting under normal use and conditions as described above. In the event of a defect claim, Coverworx shall be notified in writing within (thirty) 30 days from discovery, no later than thirty (30) days from the receipt of the notice. Coverworx management will determine whether to repair or replace defective materials and respond in writing to advise how Coverworx will proceed on the warranty claim. Coverworx disclaims all other warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose for the product and any accompanying materials required for installation. Coverworx will not be liable for any damages arising out of the use or inability to use the product, regardless of whether notification of such damages has been given. 11800 East 9 Mile Road, Warren, M148089 (586) 759-5490 Office (586) 754-9130 Fax (800) 657-6118 Toll Free www.Coverworx.net in o coverworx.net DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA McELROY METAL, INC. KYNAR 5000 COATING SYSTEM LIMITED WARRANTY APPLICABLE PRODUCTS: ALL MCELROY KYNAR 500' COATED PRODUCTS McElroy Metal, Inc. ("McElroy") warrants to the purchaser of McElroy panels using Galvalume, galvanized G90 or aluminum substrates with standard Kynar 500' or Hylar 5000' coating systems that when used in exterior applications the coating system will meet the following standards. For warranty terms on special and/or non standard colors, please contact a McElroy representative. 1. For a period of 40 years from the date of shipment, the coating system will not crack, check or peel (lose adhesion). 2. For a period of 30 years from the date of shipment, the coating system will not chalk in excess of numerical rating nine (9) for sidewall applications and numerical rating eight (8) for roof applications when measured in accordance with ASTM D-4214 method A procedures. 3. For a period of 30 years from the date of shipment, the coating system will not change color (fade) more than four (4) DE Hunter units for sidewall applications and five (5) DE Hunter units for roof applications when tested in accordance with ASTM D-2244 method A procedures. Color change shall be measured on an exposed painted surface that has been cleaned of surface soils and chalk, and the corresponding values measured on the original or unexposed surface. It is understood that fading or color changes may not be uniform, if the surfaces are not equally exposed to the sun and elements. Orange, Casco Orange, Safety Orange and Brite Red are warranted under the same testing methods and limitations as indicated on this warranty, but have special numerical ratings as indicated below: 1. For a period of 20 years from the date of shipment, the coating system will not crack, check or peel (lose adhesion). 2. For a period of 10 years from the date of shipment, the coating system will not chalk in excess of numerical rating eight (8) for sidewall and roof applications. 3. For a period of 10 years from the date of shipment, the coating system will not change color (fade) more than five (5) AE Hunter units for sidewall and roof applications. McElroy Metal also warrants that for a period of fifteen (15) years, panels coated with Kynar 500' or Hylar 5000®, when installed in vertical or non -vertical applications (min 3:12 slope) will not exhibit accumulation of red rust greater than'/4' at any one interior point of the panel. This provision shall not apply to any accumulation of red rust which occurs within'/4' of breaks of discontinuities in the surface, such as panel edges (factory or field cut) or metal penetrations (such as fasteners) at any time after application of pre- treatment and paint systems. Subject to the conditions, limitations and exclusions set forth below. If any panels fail to comply with the warranty specifications set forth above, McElroy agrees to repair, repaint or replace such panels, at its sole cost and expense. McElroy shall have the sole option of repairing, repainting or replacing the panels and may contract for such work. Any repaired, repainted or replaced panel shall be covered by this limited warranty, but only for the remainder of the period applicable to the panel originally purchased. McElroy's liability under this warranty shall be limited to the cost of labor and materials reasonably necessary to repair, repaint or replace the panels that do not meet the above specifications. All claims filed under this warranty must be presented in writing by the purchaser to McElroy during the warranty period and not more than 30 days after discovery by the purchaser of the problem for which the claim is made. All claims must reference McElroy's invoice number and be either hand delivered or sent by registered or certified mail to McElroy Metal at 1500 Hamilton Road, Bossier City, Louisiana 71111. THIS WARRANTY SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS, LIMITATIONS AND EXCLUSIONS: A. This warranty covers only panels erected in the continental United States, Alaska and Canada, which are exposed to normal weather and atmospheric conditions. B. This warranty is for the benefit of the original purchaser only and is not transferable or assignable. C. In determining whether the panel meets the specifications set forth above, color change shall be measured on an exposed painted surface that has been cleaned of surface soils and chalk per ASTM D 2244 method A procedures. McElroy does not warrant that color changes will be uniform. D. This warranty is null and void for any material that is subjected to salt spray or installed on property 1,500 feet or fewer from a salt water environment. E. This warranty does not apply to defects or failures which arise out of any of the following: (1) the formation of rust on the panel edges; DocuSign Envelope ID: 2B6DOF78-7904-40D7-AF51-57DAC00004FA (2) acts of God, falling objects, external forces, explosions, fire, riots, civil commotions, acts of war, radiation, harmful gases, harmful fumes, salt atmosphere or standing water due to failure to provide adequate slope and drainage; (3) failure to properly insulate panels from copper, lead, and other dissimilar metals, contact with damp insulation, debris, soil, vegetation, animal waste, decaying materials, wet absorptive materials, concrete or other foreign or corrosive materials from contact with or in close proximity to the panel; (4) use in manner not intended or improper storage or handling, including but not limited to damage from condensation on the panels attributable to improper handling; or (5) failure of the metal substrate; (6) minute fracturing which may occur in proper fabrication of the building parts; (7) if panels are applied without protection over lumber which has been treated with preservatives or fire resistant materials, regardless whether such treatments are present with or without the knowledge of the buyer, the owner or any other party. This exclusion shall include, but is not limited to, lumber which has been treated with pentachlorophenol, chromated copperarsenated salts, creosote, fluochrome arsenate phenol, alkaline copper quaternary, or any similar treatment for fire and rot resistance. Protection of lumber as provided for in the exclusion shall be defined as any barrier that prevents the transfer of moisture and salts between the treated lumber and pre - finished metal panel; (8) abnormal corrosive atmospheric conditions. This exclusion includes, but is not limited to, contamination from external sources such as manufactured chemicals and salt spray, and internal contamination created by improper ventilation (design or operational defects) or improper housekeeping; (9) discontinuities in the paint film as a result of damage during installation or use of the building e.g. scratches; (10) design flaws that would result in moisture (water) or other foreign materials to accumulate resulting in excessive exposure to moisture or foreign material. F. McElroy shall have no obligations under this warranty unless and until McElroy receives payment in full for the materials furnished. G. The supplier of the paint coating applied to McElroy panels and the applicator of the paint coating has made certain warranties to McElroy which are same (or substantially similar) to the warranties made by McElroy under this limited warranty. This limited warranty shall be of no further force or effect if such supplier, or its successors or assigns, can no longer perform its obligations under the coating system warranties made to McElroy. THERE ARE NO OTHER GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION AS STATED HEREIN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. McELROY METAL SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS DAMAGES TO THE CONTENTS OR FURNISHINGS OF ANY BUILDING) OR ANY LOSS OF ANY KIND WHATSOEVER. REV. 03/13 MM613 DocuSign Envelope ID: 2B6DOF78-7904-40D7-AF51-57DAC00004FA P(/aYG2OUND5 & SYE /aMENTES 6. Conceptual Design and Description of Equipment DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA n Model: Steelworx Square Shelter, 24', Model # SQ-24-SW Manufacturing Mission: To provide all prefabricated components and installation instructions for a 24' square (measured from eave to eave) free standing bolt together, tubular steel constructed shelter kit. Design Criteria: Structure is typically designed for a 30 lb live load and a 95-100 mph wind load capacity. All structural members are ASTM A-500 U.S. grade B steel. Welded connection plates shall be ASTM A-36 hot rolled steel. All welding performed to latest AWS standards by ASTM Certified welders and - provided in accordance to same. Tubular Steel Columns and Beams: Standard column dimensions shall be 5" x 5" x 3/16" tubular steel welded to 5/8" base plate (footing design provided separately). Perimeter and interior support beams are 5" x 5" to 5" x 7" with a thickness between 1/8" and 3/16" based on location and customer criteria. Economy Version (EV) of this shelter model for residential or less stringent design locations are available with smaller more economical member sizes. Roof: Standard pitch is 4:12. Role formed metal roof decking is Kynar finished, 20 year warranted, 24 gauge ribbed steel attached to beams with engineered strength self tapping screws. Standing Seam and/or Multi Rib profiles available. Frame Finish: Contaminates and oils are eliminated with welded raw steel being sand blasted to a white condition. Corrosion protective Polyester Powder coating electro-statically applied and cured to 450 degrees in our state of the art cure oven polyester power coating process. E-coat primer is also available at an additional charge. Hardware: All structural hardware provided and to be A-325 or B7 as required. Not Included: Concrete work of any kind, unloading of product and installation. Additional Options: • Flexibility of Design • Column Surrounds and Such as: Height and Pitch Design Changes • Additional Engineering • Lexan Wind Screens • Variety of Colors • Tongue & Groove Roof Deck • Decorative Railings, Lattice, • Standing Seam Roofing Braces, Trim, etc. • Composite Finished Ceiling • Cupolas and Rooftop Accs. • Solar Lighting `O 21'-0" FOOTING LAYOUT PLAN SCALE: 3/32" = 1'-0" TUBULAR STEEL COLUMN ANCHORED INTO CONCRETE FOOTING (TYP) CONCRETE FOOTING (TYP) 11800 East 9 Mile Road Warren, MI4808 AM^kh- Office: (586) 759-5490 C70 VER WDRX Fax: Toll Free: (S00) 657-6118 Free: 8010) 6 7 Rerreativnal)IMhiterrure Email: info@coverworx.net A Division of Ross & Barr Inc. www.CoverWorx.net 24'-0" 12 4r-- I. N N W r ELEVATION SCALE: 3/32" = 1'-0" TUBULAR STEEL BEAM (TYP) STEEL COMPRESSION RING TUBULAR STEEL HIP JOIST (TYP) LE =o 0-1 _ 24'-0" _ (TYP) _ FRAMING PLAN SCALE: 3/32" = 1'-0" Steelworx Square Shelter - 24' Model: SQ-24-SW DESIGN SPECIFICATIONS DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA 2 4' 2 4' 20' I, 5 Pavilion: 576 SF 96' Perimeter XX Project Name:City of Clermont - Palatlakaha Park Surfacing: Concrete Notes: This design is the property Site Plan: SP-61680-1 Area:Varies Perimeter : varies re roduc and may not b Y ^ �� reproduced or used in an Date:05-03-2024 Fall Height: o' Scale: manner without the expressed written consent Drawn by: Jera Wein Timbers: ofKorKat. 9L/aVG20UND5,Q 5"re /�M6N7i65 DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA 2 4' 2 4' Sidewalk: 165 SF 76' Perimeter Pavilion: 576 SF 96' Perimeter Project Name:City of Clermont - Lake Felter Park Surfacing: Concrete Notes: This design is the property Site Plan: SP-61680-2 Area:Varies Perimeter : varies re roduc and may not b Y 1� ^ �� reproduced or used in an Date:05-03-2024 Fall Height: o' Scale: manner without the expressed written consent Drawn by: Jera Wein Timbers: ofKorKat. 9L/aVG20UND5,Q 5"re /�M6N7i65 DocuSign Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA I 24' Pavilion: 576 SF 96' Perimeter Sidewalk: 850 SF 350' Perimeter 70' Project Name:City of Clermont - Waterfront Park Surfacing: Concrete Notes: This design is the property of Site Plan: SP-61680-3 Area:varies Perimeter : varies reoand may not b reprrodducuc and or used in any iAT Date: 05-03-2024 Fall Height: o' Scale: manner without the expressed written consent Drawn by: Jera Wein Timbers: ofKorKat. 9L/aVG20UND5,Q 5"re /�M6N7i65 Envelope ID: 2B6DOF78-7904-40D7-AF51-57DAC00004FA OUR STORY Our Steelworx steel -frame shelters and structures are custom crafted from durable, high gauge tubular steel. The beauty and creativity behind every one of our Steelworx shelters comes from the years of experience held by our ASTM-certified welders, structural fabrication specialists and skilled design engineers who carefully handcraft to the highest industry quality standards. Utilizing a free -span design without the need for exposed fasteners, open truss members and no possibility for bird nesting, all shelters come ready to assemble with no cutting, welding, or painting required. Standard finish is comprised of sand blasted, zinc -primed, 4-6 mil thick polyester powder coating available in a variety of standard colors. Roofing provided is a pre-cut high -quality 24 gauge steel panel, and is offered in a variety of colors and profiles. A few of the virtually unlimited options for Steelworx shelters include handrails, overhead lattice round or custom designed support columns, Pine or Cedar Tongue and Groove overhead decking and cupolas. Corrugated and standing seam metal roofing available on all structures. Standard shapes available include Squares, Hexagonal, Octagonal, and Rectangular Open Gable or Hipped ends. Custom shapes, combinations of shapes, rounded or curved tops are always welcome and are an exciting way to add class and style to any landscape setting imaginable. Consider a Coverworx "Vented Top" option to your Steelworx structure. It's a functional way to address style or venting needs. The versatility of Coverworx structure design is only limited to your imagination! { www.coverworx.com • info@coverworx.com Envelope ID: 2B6DOF78-7904-40D7-AF51-57DAC00004FA L 5E-P18-1 5E-P18-2 STANDARD SQUARE STEEL SQUARES Steelworx Squares feature the look of a hip canopy with the added appeal of having four equal sides and a single peak. Larger square canopies will require additional columns around the perimeter. STOCK & CUSTOM SHELTER OPTIONS, SEE PAGE 29-30 FOR SHELTER EXTRAS & FURNISHINGS, SEE PAGE 31-32 FRAME & ROOF COLOR OPTIONS, SEE PAGE 33-34 5E-P18-3 - VENTED SQUARE SINGLE -POST SQUARE 2-POST SQUARE www.coverworx.com • info@coverworx.com Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA COLORS All Coverworx Steel Frame, Metal Roof and Trim work panels are available in the colors below. Mix and match to create a look that suits your needs and expresses your style. Choose a frame finish as well as a metal roof color from the following options. Contact our Coverworx sales staff for custom color information and further details. ROOF COLORS McDonalds Yellow Texas Silver Metallic Terra Cotta Almond Slate Gray Patina Green Brite Red Hartford Green Roman Blue Surrey Beige Patrician Bronze 41 = Z Galvalume Plus Casco Orange Preweathered Gavalume Buckskin Bone White Dark Bronze Colonial Red Copper Penny Brandywine Champagne Metallic Leadcoat Silver Metallic Sandstone Mansard Brown Medium Bronze Regal Blue Evergreen Ash Gray Charcoal Matte Black Regal White www.coverworx.com • info@coverworx.com Envelope ID: 2B6DOF78-7904-4OD7-AF51-57DAC00004FA POWDER COATING (FRAME) COLORS Standard RAL Powder colors are also available for only frame color choices Hartford Green Charcoal Brandywine Patrician Bronze NOW — Evergreen Bone White Roman Blue Sandstone Matte Black Slate Gray POWDER COATING WITH ZINC RICH PRIMER AND Ash Grey Patina Green TGIC POLYESTER Shot blasted steel with factory Surrey Beige Colonial Red applied zinc rich primer and TGIC Polyester (5-6 mil min. thickness on exterior and 3 mil min. Regal White Medium Bronze thickness on interior). Note: An Optional Super Durable TGIC Clay Brite Red and graffiti resistant TGIC color or clear coat is available for an upcharge. Dark Bronze Regal Blue Mansard Brown Autumn Red Light Stone Tudor Brown Timber Tan