City Council

Phelan Park – Opt1 City of Menomonie, WI  Phalen Park Cover Letter We are pleased to submit our proposal for the Phalen Park Playground project in Menomonie, WI. As a leader in turn-key playground services with over 30 years of experience, Northland Recreation, LLC is dedicated to creating play environments that foster growth, connection, and joy for children of all abilities. At Northland Recreation, we firmly believe in the developmental value of play. Play is essential for healthy child development and serves as a powerful tool for social, emotional, cognitive, and sensory growth. Our designs are crafted to be inclusive, encouraging participation from children of all ages and abilities, as well as nurturing the inner child in adults. Our comprehensive approach ensures that every project we undertake reflects the unique needs and values of the community it serves. We collaborate closely with stakeholders to create safe, durable, and imaginative playgrounds that promote community engagement and foster a lifelong love for play. We are excited about the opportunity to contribute to the enhancement of Phalen Park and are committed to delivering a playground that becomes a cherished space for families in Menomonie. Thank you for considering Northland Recreation, LLC as a partner in this important initiative. We look forward to the possibility of working together to create a vibrant and inclusive playground. Addendum 1, dated 10/2/2024 was received and incorporated into our proposal. Why Little Tikes COMMERCIAL? At Little Tikes Commercial, we believe in the developmental value of play. We understand that play is necessary for healthy child development, and that’s why our play structures are specifically designed to encourage the physical, social, emotional, cognitive and sensory development of children of all abilities. Our commitment to delivering fun, innovative play structures that promote value of outdoor play has been a focus of our designs for over 40 years. Little Tikes Commercial strongly believes play for children of all ages and abilities should include fewer limits. It’s why we are big advocates of inclusive and accessible playgrounds for meaningful play. Our playgrounds help children play and take part in a variety of truly inclusive activities. Main Office and Manufacturing Facility: 878 US-60, Monett, MO 65708 Northland Recreation Office: 1310 Hwy 96E #105, St. Paul, MN 55110 River Bend Park Nashotah Park Grafton, WI Two Rivers, WI Installed 2023 Installed 2023 Village Forest Park West Baraboo, WI Installed 2023 Jefferson Park Voyageur Park Menahsa, WI De Pere, WI Installed 2024 Installed 2022  Child Capacity: 181 Ground Level Component Elevated Component P.C. – Play Component(s) Total Elevated Play Components: 30 Total Elevated P.C. Accessible by Ramp: 12 Required: 8 Total Elevated P.C. Accessibly by Transfer: 18 Required: 15 Total Accessible Ground Level P.C.: 19 Required: 10 Total Different Types of Ground Level P.C.: 5 Required: 4 Total Square Footage of Elevated Walkable Surfaces: 507 sq ft Total Square Footage of Ramp Acc. Walkways: 300 sq ft Total Slide Length: 102 feet Maximum Height: 14’ or 168”  Spinfinity Standing Ages 5-12 Once you start spinning you won’t want to stop on this exciting structure! Kids can imagine they’re being transported into a new universe, or just enjoy getting dizzy with friends.  Loop Rail Overhead Climber A classic addition that develops upper body strength and coordination Hoop Alley Cross through or challenge yourself more by crossing on the exterior with foot and hand placements on the exterior of each hoop (highlighted) Gives the feeling of being in a tunnel or climbing without the lack of visibility or height. Fun Wheel Overhead Climber Wheels tilt in all directions allowing kids to build their coordination, core and upper body strength in a fun, engaging way.  Inclusive Spinner Ages 2-12 Our Revolution Inclusive Spinner promotes an engaging and accessible playground environment for all children. Children can ride in a way that’s most comfortable for them. There are chairs for those who want to sit while spinning, and there’s plenty of room for other kids who want to stand up. Children using wheelchairs also have space to ride on the spinner, and there is even room for a caregiver to assist children with special needs.  Generation swings provide the perfect solution, giving adults and kids a fun and immersive means of interacting on the playground. These face-to-face parent-child swings promote family fun and connection, enabling kids and their caregivers to play and engage like never before. Inclusive Swing Ages 2-12 This swing seat provides extra support, safety features, and additional room so all children can enjoy the carefree fun of swinging at the playground.  Together Glider Ages 2-12 The Together Glider helps promote social development for children of all abilities by giving them an inclusive structure they can all enjoy. This glider is a fun, accessible playground structure that encourages inclusivity and unstructured play for every child at the playground. The Little Tikes Commercial playground glider makes enough room for everyone to join the fun. With a 70-square-feet deck, 10 or more children can play on it together at a time. The Together Glider is even compatible with ramps and can easily become fully wheelchair accessible.  Axis Climber Ages 5-12 Challenge abounds with Infinity Axis— an organically shaped climber that allows young explorers to develop their physical skills. As kids cross from an Infinity Flex Climber to curved steel rungs in the center, they’ll be able to build their strength, balance, and hand- eye coordination. Extensions on either side allow connection between two decks, making this an irresistibly unique bridge option.  Play the notes to Twinkle Twinkle Little Star or create your own song with a friend! This panel’s colorful design, musical chimes, and easy-to-use strikers are This configuration perfect to activate of 3 colorful drums children’s senses of with differing sight and hearing. diameters produces a delightful range of tones to experiment with. Constructed from ABS plastic, Congas are angled for anyone’s use.  Friendly Fence Ages 6mo-5yrs Friendly Fence invites all the kids in the neighborhood to pet the cat, feed the mouse, and hop with the cricket and frog through slidable parts. Zigzagging droplets can be slid between the watering can and the flowers, while beads can be pushed across twisting vines. Crawl through the flex treads and spin the birdhouse to see who’s decided to pay a visit. Peek-a-boo holes, a grassy spot and a colorful window offer additional tactile and social experiences at different heights. Vines and handholds are located across the fence for additional support to ensure everyone can explore. Calvin’s Apple offers every child a bite of fun with slidable berries, antennae, and worm. A mirror helps instill self-awareness as kids roll Calvin’s eyes, and a ringing berry gives an auditory experience. A shape-matching activity takes place at the bottom to develop a child’s critical thinking, while the spinnable Gearipillar and pear help illustrate the cause and effect of a child’s actions. Finally, a color-tinted window at the bottom offers a new perspective for children to take on. With handholds located at varying heights and crisscrossing design, Calvin’s Apple enables children of any ability to have fun while learning new skills. Additional Play Panels incorporated in the design: Parachute Guy Panel Ages 2-12 Braille Picture Panel Ages 2-12 Help each of the four skydivers land safely by sliding Braille Panel makes the playground more inclusive by displaying the them up and down the alphabet and numbers zero through nine for visitors of all visual swerving cutout track. Two abilities. This can be used to fuel more interactions and cultivate cutout graphics of planes are understanding throughout the community. located at the top, offering the chance for a bit of friendly competition for kids who want to race their divers to the bottom. Simon Says Panel-ground level Ages 2-12 Matching Game Panel Slide & Solve Activity Spin the wheel to find out Ages 2-12 Panel what Simon Says! Once a For every Alex’s Lemonade Ages 2-12 child finishes a task, they Stand sold, we provide a $100 can ring the bell and keep Test your cognitive skills with track of their score with contribution on your city’s Memory Game! Slide the tab Can you realign this the panel’s moveable behalf to the mission of to unveil a weather-related colorful, dotted gradient? buttons. This panel uses changing the lives of children inclusive characters and image, and then another tab Arrows on all four sides activities to ensure with cancer by funding research to see if it matches—if not, instruct users to slide the everyone feels welcome and providing travel for families try again! This classic game tiles vertically and and can participate in the who are in need. Imaginative, takes on a fun thematic spin horizontally until the fun! Promotes cognitive social play for you and an act of development, social skills, via durable steel construction. puzzle is solved. sensory play. kindness for those in need.  ADD-ALTERNATE: TILES AS SAFETY SURFACING* Total Cost (Materials + Installation on concrete pad (by *We strongly suggest and request a concrete base for owner): the safety surfacing tiles rather than gravel as gravel $210,467.50 encourages shifting in the tiles over time.  Example of Possible Tile Pattern Area: 7211 Square Feet Colors shown: Denim, Safari, Tuscan Red Pattern style similar to below though not required. Same Price.  PlayPower LT Farmington, Inc. 878 E. US Hwy 60 QUOTE: R0324240117 Monett, MO 65708 1-800-325-8828 Project: R0324_45558659051_02 Bill To: Project Name & Location: Prepared by: David Schofield Phelan Park Playground Equip1 Northland Recreation, LLC. City of Menomonie 1200 21st Ave East Briana Cohen 800 Wilson Avenue Menomonie, WI 54751 10085 Bridgewater Bay Menomonie, WI 54751 Woodbury, MN 55129 USA 715-232-2221 Ext. 1020 (phone) (651) 815-4097 (phone) dschofield@menomonie-wi.gov briana@northlandrec.com Ship To Address: End User: David Schofield David Schofield Phelan Park City of Menomonie 1200 21st Avenue East 800 Wilson Avenue Menomonie, WI 54751 Menomonie, WI 54751 715-232-2221 Ext. 1020 (phone) 715-232-2221 Ext. 1020 dschofield@menomonie-wi.gov (phone) dschofield@menomonie-wi.gov Quote Number: R0324240117 Quote Date: 10/8/2024 Valid For: 30 Days From Quote Date PlayArea_1 Product line: KidBuilders Age group: 5-12 Global defaults Aluminum Steering Wheel RED Belt Swing Seat Color Black Concerto Ground cover Buried Concerto Post/Frame Color BLUE Entry Slide Color CYAN Exit Slide Color ORANGE High Bank Right 1 Color ORANGE High Bank Right 2 Color BLUE Inclusive Seat Clr CYAN Infinity 1 Plastic Clr CYAN Infinity 2 Plastic Clr ORANGE InfinityPad 1 Plastic Clr BLUE InfinityPad 2 Plastic Clr BLUE InfinityWing Blnk Pl Clr ORANGE InfinityWing Foot Pl Clr BLUE InfinityWing Hand Pl Clr BLUE KB Accent Color CHARTREUSE KB CLAMP METALLIC GRAY KB Climber Clr LIME KB Overhead Color ORANGE 10/9/2024 Page 1 of 6 KB Pnl/Crwl Tunnel Clr ORANGE KB Slide/Float Stone Clr CYAN KB Vinyl color Gray KB/Jeep Ground Cover Buried Kid Builder Post Color METALLIC GRAY Laminated Panel ORANGE-SAND-ORANGE MaxPlay TM Swing Clr METALLIC GRAY NFS Fun Wheel Color AZURE NFS Ground Cover Buried Nfs Hoopla Plastic Color 1 ORANGE Nfs Hoopla Plastic Color 2 BLUE NFS Post Color METALLIC GRAY NRG Plastic Clr BLUE Quantum II Nar Hood Color BLUE Rail Accent Color CHARTREUSE Rev Spin Body CYAN Rev Spin Handle BEIGE Section 3 Slide Color CYAN Together Glider Accent AZURE Together Glider Frame CHARTREUSE Together Glider Panel GRAY Together Glider Seat Vinyl Blue Together Glider Vinyl Gray Tot Swing Seat Color Black Us/Csa Labels For Swings US Swing Label Components Part Number Description Qty 100001134 KB DK/DK PLATE 203 MM/8" 4 200006976 SLIDE DBL.WD. 1220 MM/48" KB 1 200006979 SLIDE WAVE KB 915 MM/36" KB 1 200006980 SLIDE WAVE KB 1220 MM/48" KB 1 200007097 PANEL ADJUSTABLE COUNTER KB 1 200007099 PANEL SEAT KB 1 200008193 TOOL BOX KID BUILDERS #2, S.S. (MM) 1 200013795 KB 10' GALV POST WITH CAP 10 200013798 KB 136" GALV POST WITH CAP 16 200013808 KB 8' GALV POST WITH CAP 7 200013810 KB 148" GALV POST WITH CAP 3 200013813 KB 4165/164" GALV POST WITH CAP 9 200013924 LOOP ASSY SAFETY KB 7 200069056 KB 186"/4725MM GALV POST W/CAP 4 200069057 KB 200"/5080MM GALV POST W/CAP 1 200092591 STEPPING STONES F/KB 3 200098030 KB CATWALK 1 200125540 STEPS DECK/DECK 610 MM W/SFTY RAILS F/K 1 200200029 CLIMBING NET 64" TAN/GRN W/SAFE LOOPS 1 KB 200200162 KB 1016MM ELBOW SLIDE LEFT 1 200200237 PANEL "PARACHUTE GUY" KB DKMT 1 200200285 DECK BALCONY F/WHL.CHAIR ACC.(SMALL 1 HOL 200200384 RAMP 3660 MM/12' W/GUARD RAILS KB_(SMAL 2 200200385 RAMP 2440MM W/GUARD RAILS KB(SMALL 1 HOLE 200200417 SWING FRAME ADD-ON F/INCL SEAT MAXPLAY 1 200200530 KIT MAINTENANCE KB W/PAINT W/O LIST 1 200200663 KB TELESCOPE PANEL (DKMT) 1 200200684 WINGS OF INFINITY OVERHEAD F/KB 1 200200691 KB 56" GRND TO DK INFINITY WING CLIMBER 1 200200725 KB MATCHING GAME PNL ABOVE DK 1 10/9/2024 Page 2 of 6 200201032 KB INFINITY AXIS 1 200202202 MAXPLAY 8' STANDARD BEAM 1 200202204 MAXPLAY 8' ADD-ON STANDARD BEAM 1 200202256 KB FIRE ESCAPE CLIMBER 96" 1 200202281 KB PICTURE BRAILLE PANEL DKMT 1 200202418 KB 815MM(32") JUNGLE CLIMB 1 200202425 KB VERTICAL POD CLIMBER 96" 1 200202483 KB DECK SQUARE LARGE HOLE 11GA 2 200202485 KB DECK TRIANGLE LARGE HOLE 11GA 1 200202497 KB DECK HEX SMALL HOLE 11GA 3 200202504 KB DECK TRIANGLE SMALL HOLE 11GA 2 200202511 KB MORPHOUS SLIDE 2440MM(96") RIGHT 1 200202547 KB DECK REST 11GA 2 200202767 KB TRUSS OVERHEAD 8' 1 200202835 ASSY BELT SEAT F/8' SWING W/CHAIN 2 200202836 ASSY TOT SEAT F/8' SWING W/CHAIN 1 200202885 NRG FREESTYLE HOOPLA ALLEY 1 200202887 NRG FREESTYLE SOLO POD 1 200202892 NRG FREESTYLE LOOP RAIL 1 200202894 NRG FREESTYLE FUNWHEEL 1 200202895 NRG FREESTYLE RAIL TO KB 1 200202989 NRG FREESTYLE 2 UP HUB 2 200203131 KB QUANTUM II SLIDE 8' SPIRAL RIGHT 1 200203327 KB WAVE SLIDE 64" W/2014 HOOD 1 200203328 KB WAVE SLIDE 72" W/2014 HOOD 1 200203394 KB SPINFINITY STANDING 72" REQ 1 200203400 POST PLUS 248" W/CAP F/KB 2 200203413 REVOLUTION INCLUSIVE SPINNER 1 200203415 NU-EDGE-X TOWER F/KB 1 200203423 GENERATION SWING SEAT ASSEMBLY TIKES 1 200203433 INCLUSIVE SWING SEAT W/CHAINS 8' 1 200203435 KB ALEX'S LEMONADE STAND PANEL 1 200203443 CONCERTO 3-CONGAS 1 200203458 KB TRAIL CLIMBER 56" 1 200203470 KB ACTIVITY PANEL FRAME DKMT 1 200203480 ACTIVITY PANEL SLIDE & SOLVE INSERT 1 200203509 KB ELEV TRANSFER DECK W/RAILS 3 200203575 ASSY RAIL MT.ALUM.STEER.WHL. 1 200203627 KB SCRAMBLED SCALES PANEL DKMT 1 200203634 KB SIMON SAYS PANEL PTMT 1 200203654 TOGETHER GLIDER 1 200203764 NU-EDGE BIRCH TRANS STAT F/KB 48" 1 200203874 POST PLAYERS DBL BELLS PTMT F/KB 1 200203876 POST PLAYERS TONGUE DRUM PTMT F/KB 1 HW7704-1 HRDW PKG F/CLAMP ELIMINATION S1/1 3 PlayArea_2 Product line: Traditional Play Age group: 6-23 months Global defaults TOT BLDRS APPLE ROUTER LAM 1 RED-SAND-RED TOT BLDRS APPLE ROUTER LAM 2 LIME-SAND-LIME TOT BLDRS APPLE STEEL PAINT TROPICAL YELLOW TOT BUILDERS FENCE ROUTER LAM BLUE-YELLOW-BLUE TOT BUILDERS FENCE STEEL PAINT TROPICAL YELLOW TOT BUILDERS GROUND COVER Buried 10/9/2024 Page 3 of 6 Components Part Number Description Qty LT0902 TOT BUILDERS FRIENDLY FENCE 1 LT0903 TOT BUILDERS CALVINS APPLE 1 RiskSign_Included Product line: Park Service Age group: Global defaults RISK MGNT SIGN CLR Components Part Number Description Qty 787Z RISK MANAGEMENT SIGN - ENGLISH 1 Additional Items Part Number Description Qty 200111492 LABEL, IDENTIFICATION STAMPED W/RIVETS 4 200111492 LABEL, IDENTIFICATION STAMPED W/RIVETS 2 200305597 14' LARGE CRATE (ASSY DOMESTIC) 5 925603 LABEL P/C (5 TO 12 YRS) PPLT 6 925960 THUMB DRIVE 2GB - PPLT 1 926461 LABEL,GENERATION SWG, 2YR-12YR, LT 1 INSTALL BK INSTALL BOOK FOR PP ORDERS 1 DRNTLE DRAIN TILE 1 NOTE: Quote includes play equipment, freight, delivery, installation of play equipment, drain tile materials, installation of drain tile to curb cut, disposal of packaging. Removals/disposals, excavation of site to 12” below grade, concrete curb, concrete walkways, asphalt walkways, safety surfacing, installation of safety surfacing for 8’ CFH, site restoration all by owner. Totals: Products Subtotal: $218,501.20 Products by Other: $2,500.00 Installation: $73,000.00 Freight: $5,427.94 Estimated Sales Tax*: EXEMPT Grand Total: $298,929.14 Make Purchase Orders Out To: Make Checks Payable To: PlayPower LT Farmington, Inc. PlayPower LT Farmington, Inc. Remit Purchase Orders To: Remit Checks To: PlayPower LT Farmington, Inc. PlayPower LT Farmington Attention: Sales Administration PO Box 734155 10/9/2024 Page 4 of 6  878 E US Hwy 60 Dallas, TX 75373-4155 Monett, Missouri, USA 65708 1-800-325-8828 NOTE: * Applicable sales taxes will be confirmed once order and any tax certificates are received † Denotes drop ship item. Unloading, storage, installation, surfacing and site work are not included unless specifically noted on quotation. Not responsible for filter cloth, irrigation rerouting, grass damage, or checking for underground utilities. If installation is quoted, it is assumed that the site has been prepared and that any grade slope in any direction does not exceed 2%. In the event that unexpected soil conditions, such as subsurface rock, are encountered during installation, additional costs to the customer will be applicable. The acceptance signature below serves as authorization to order the items quoted and indicates acceptance of the prices listed. All terms are subject to credit approval. COMMENTS: This playground contains 12.56% recycled content This playground qualifies for 1 LEED point(s) This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc (“PPLT”). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to “PPLT Sales Administration” via fax (417)354-2273 or email outdoordes@LTCPS.com. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or e mail. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734155, Dallas, TX 75373-4155, unless notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PLAYPOWER LT FARMINGTON INC. By: ___________________________ Date:___________________ ________________________ ________________________ ADDITIONAL TERMS & CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with PPLT’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default") . Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its 10/9/2024 Page 5 of 6 repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. PPLT may waive a default hereunder, or under any invoice or other agreement between Customer and PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronical ly transmitted signatures by signing an original document. 10/9/2024 Page 6 of 6