HomeMy WebLinkAboutPR 21998: PURCHASE OF STEEL SHADE STRUCTURE AND REGULAR AND ADA TABLES 0
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: June 10, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Chandra Alpough, Interim Director of Pleasure Island
RE: P.R. 21998 —Purchase of Steel Shade Structure and Regular and ADA Tables
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 21998
authorizing the City Manager to purchase a steel shelter shade structure in the amount of
$72,394.35 and regular and ADA tables in the amount of$7,657.65 for the boardwalk area at
Pleasure Island from Kraftsman Commercial Playgrounds and Waterparks of Spring, Texas
through Texas BuyBoard Cooperative Purchasing Contract No. 592-19 for the total not to
exceed amount of$80,052.00.
Background:
The City of Port Arthur accepted the Jefferson County Tourism Grant in the amount of
$50,000.00 for Pleasure Island pursuant to Resolution Number 21-199 to help with the costs of
improving the boardwalk area on Pleasure Island. This area attracts a lot of visitors who enjoy
free and safe access to many recreational activities in one general area such as boating, sailing,
fishing,and birding. The grant funding will be utilized to purchase a steel shelter shade structure
along with regular and ADA tables.
Budget Impact:
Funding Available in the amount of$80,052.00 in Account Number 450-60-415-8522-00-00-
000.
Recommendation:
It is recommended that the City Council approve P.R. No. No. 21998 authorizing the City
Manager to purchase a steel shelter shade structure in the amount of$72,394.35 and regular
and ADA tables in the amount of$7,657.65 for the boardwalk area at Pleasure Island from
Kraftsman of Spring, Texas through Texas BuyBoard Cooperative Purchasing Contract No.
592-19 for the total not to exceed amount of$80,052.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P. R.No. 21998
6/10/2021 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROPOSAL
WITH KRAFTMANS COMMERCIAL PLAYGROUNDS AND WATER PARKS OF
SPRING, TEXAS FOR THE PURCHASE AND INSTALLATION OF A STEEL SHELTER
SHADE STRUCTURE, REGULAR AND ADA TABLES, THROUGH THE TEXAS
BUYBOARD COOPERATIVE PURCHASING CONTRACT NO. 592.19 FOR THE
PLEASURE ISLAND BOARDWALK IMPROVEMENTS IN THE TOTAL NOT TO EXCEED
AMOUNT OF $80,052.00; FUNDING IS AVAILABLE WITH THE JEFFERSON COUNTY
TOURISM GRANT IN ACCOUNT NUMBER 450-60-415-5470-00-00-000
WHEREAS, pursuant to Resolution Number 21-199 the City of Port Arthur accepted the
Jefferson County Tourism Grant in the amount of$50,000; and,
WHEREAS, the grant funding will be used to purchase a steel shelter shade structure,
regular tables and ADA tables which will improve the boardwalk area on Pleasure Island; and,
WHEREAS, Chapter 271 of the Texas Government Code allows a city, by resolution of
its governing body, to participate in cooperative purchasing programs, such as Texas BuyBoard
as an alternative to formal bid process; and,
WHEREAS, pursuant to Resolution No. 02-341, the City of Port Arthur entered into an
interlocal agreement for cooperative purchasing with Texas BuyBoard; and,
WHEREAS, Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas is
part of the BuyBoard Cooperative Purchasing Program under Contract No. 592-19 and submitted
a bid for the steel shelter shade structure in the amount of$72,394.35 (attached hereto as Exhibit
"A") and regular and ADA tables in the amount of$7,657.65 (attached hereto as Exhibit"B") for
improvements to the boardwalk area at Pleasure Island for a total not to exceed amount of
$80,052.00; now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council deems it is in the best interest of the City to
authorize the purchase and installation of a steel shelter shade structure in the amount of
P. R.No. 21998
6/10/2021 ca
$72,394.35 and regular and ADA tables in the amount of $7,657.00 for the boardwalk area at
Pleasure Island from Kraftsman of Spring Texas for a total not to exceed amount of$80,052.00
through BuyBoard Contract No. 592-19.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED THIS day of , A.D., 2021, at a
Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES: (Mayor)
Councilmembers:
NOES:
Thurman`Bill"Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
v.- Le ' A iifi
/al Tizeno, sq., I "
City Attorney
P. R.No. 21998
6/10/2021 ca
APPROVED FOR ADMINISTRATION:
Ron Burton
City Manager
Chandra Alpough
Interim Director of Pleasure Island
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Dan' 1
Interim Director of Finance
r ,
l./' Amjilik.,
Clifton Wi�.iams, CPPB
Purchasing Manager
P. R.No. 21998
6/10/2021 ca
EXHIBIT "A"
��''" 6U'�o
�� F Kraftsman Proposal #Q70154
��
COMMERCIAL PLAYGROUNDS& Page:1
'CRAFTSMAN WATER PARKS
19535 Haude Road Date: 5/20/2021
+,vc✓ v-o4' Spring,TX 77388 Project: 24847
S4,ANPLP''• Phone: (281)353-9599 Fax:(281)353-2265 By: Ryan Slott
IC Port Arthur
�$ Ms. Chandra Alpough o.
6 Pleasure Island Project g Pleasure Island Project
1308 9th Avenue 540 S. Spoil Levee
Port Arthur, TX 77642 Port Arthur, TX 77640
Phone: Fax: Main Phone: Mobile Phone:
409-983-8152
Terms: P.O.#: Ship Via: Key Map: Total Ship Weight:
Percentage Completed Draws
Qty Product Description Size Weight Color
Update of Quote #Q69004
DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard
Contract #592-19
Kraftsman drawing KPS-24847A, Sheet K5 dated 2.1.2021
Shelter (Option 1)
1 KSHELTERHIP Custom Hip End All Steel Shelter, 44' x 20'with 24 gauge 20x44
exposed fastener metal panel roof, 4:12 roof pitch, 8' eave
height, 6 columns mounted on base plates below surface.
Includes Engineer Certified Drawings, Hot Dipped Galvanized
Finish (can be powder coated over for additional fee) and all
required hardware and freight to site. (TS-HS044-04 33694-B.
R1)
6 PIERS36X060 Concrete piers for pavilion & canopy columns, with anchor bolts 36" 7.06
set if required, with steel rebar reinforcement, By: Kraftsman x60"
6 PIER CUTS Concrete cutting for piers, through existing 4" concrete slab.
Includes capping/repairing removed cut out section of concrete,
By: Kraftsman
Total: $72,394.35
; ��s Kraftsman Proposal #Q70154
COMMERCIAL PLAYGROUNDS& Page:2
KRAF?SMAN WATER PARKS
19535 Haude Road Date: 5/20/2021
t•C� o� Spring,TX 77388 Project:j 24847
'SMANVI.PI• Phone: (281)353-9599 Fax:(281)353-2265
By: Ryan Slott
Special Terms and Conditions
Subject: Items not included: Date: 5/20/2021
These items are not included:
• Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked
out.
• Concrete lead walks or adjoining observation concrete deck areas.
• Storm Water Pollution Controls for project site.
• Temporary security fence during construction.
• Patching of existing concrete decorative coatings, staining, coloring, or surfacing if any existing concrete
deck is removed during excavation for piers.
• Removal of existing equipment.
Subject: Buy Board: Date: 5/20/2021
Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts.
Subject: Sales Tax Exempt: Date: 5/20/2021
Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax
Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and
invoicing for the project.
Subject: Insurance Terms: Date: 5/20/2021
Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for
details and charges for naming additional insured parties or adding special coverage's if required.
Subject: Credit Card terms: Date: 5/20/2021
If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card,
there is a 4% processing fee charge.
Subject: Monthly Progress Billings Date: 5/20/2021
All work completed and materials stored as of the last day of the month shall be billed on or before the
25th of said month. Payments to be received by the 15th of the following month.
Subject: Shipping Charges Date: 5/20/2021
Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90
days.
Subject: No Bonding Included: Date: 5/20/2021
No performance, or payment bonds, and/or maintenance bonds are included. These are available upon
request at additional cost for the bonds and processing.
Subject: Delivery and Unloading: Date: 5/20/2021
If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment
resources are available for timely off-loading, safe handling, and secure storage of equipment upon
receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck
will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove
equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will
be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the
site at the time of installation.
EVN BU/�Q��s Kraftsman Proposal #Q70154
COMMERCIAL PLAYGROUNDS& Page:3
KRAFTSMAN WATER PARKS
�. 19535 Haude Road Date: 5/20/2021
✓ or Spring,TX 77388 Project: 24847
TSMANpLgt. Phone: (281)353-9599 Fax:(281)353-2265
By: Ryan Slott
Subject: Locating for Underground Utilities: Date: 5/20/2021
• Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public
Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation.
Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior
to Kraftsman arriving on site.
• Customer is to locate, mark, and provide information for all privately owned utilities that are not
marked by the Public Utility providers, for all utility service lines below grade that are privately owned.
These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer
and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the
property owner.
• Kraftsman is not responsible for any underground utilities which are not marked or located by the owner
or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation,
and other listed above will not be repaired by Kraftsman and will be the owner's expense and
responsibility.
Subject: Installation: Date: 5/20/2021
Installation quoted includes: Haul off of soil and concrete spoils from project site; or distribution and
leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas
on the facility. Assembly of all frame work, installation of roofing, and all equipment necessary for
installation.
Subject: Pier Sizes Quoted: Date: 5/20/2021
Pier sizes and prices quoted are subject to final engineering review and may change upon soils reports
and engineering being completed. Any additional charges will be presented for approval prior to starting
construction.
Subject: Care, Maintenance, and Warranties: Date: 5/20/2021
Shelters are designed to withstand normal wind loads and weather conditions, and will provide years of
sun, heat, hail & UV protection with minimal maintenance.Warranties shall be void if damage to or failure
to the structure is caused by contact with chemical, misuse, vandalism, fireworks or acts of God,
including but not limited to, ice, snow or wind in excess of the applicable building code parameters.
Shelters are engineered for 90 mph wind load and 20psf snow load. Any additional wind load or building
code requirements must be engineered and quoted.
Subject: Project Completion: Date: 5/20/2021
Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal
provided that the following has been completed and approved by the customer:
• Project product submittals reviewed, approved and returned.
• Completed Color selection sheet (signed and dated)
• Physical project address
• All contact names and phone numbers
• Exemption certificate
• Deposit per contract
Allow adequate time for processing and procuring construction permits if required.
Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer,
issuance of building permits if required, weather permitting.
Subject: Building Permits: Date: 5/20/2021
• Building permits are not included or provided.
• Engineer stamped plans are included.
Subject: Lead Times: Date: 5/20/2021
Lead Times are after approval of all Initial submittal info and colors.
Shelters - the lead time to ship is 15-20 weeks from when the order is placed with the manufacturer.
6 " e,s Kraftsman Proposal #Q70154
COMMERCIAL PLAYGROUNDS& Page:4
'CRAFTSMAN WATER PARKS
19535 Haude Road Date: 5/20/2021
+�q✓ ` � Spring,TX 77388 Project: 24847
TSMANPLrk‘' Phone: (281)353-9599 Fax:(281)353-2265 By: Ryan Slott
Subject: Force Majeure: Date: 5/20/2021
Each Party shall be excused from liability for the failure or delay in performance of any obligation under
this Agreement (other than failure to make payment when due) by reason of any event beyond such
Party's reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake,
pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of
terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack
or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse
from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay
in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party's
failure or delay in performance due to force majeure must be given to the other Party within (20) days
after its occurrence has become identified by the Party. All delivery dates under this Agreement that have
been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall
any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of
compliance with governmental orders or directives.❑
c•o" BUit Kraftsman Proposal #Q70154
L COMMERCIAL PLAYGROUNDS& Page:5
KRAFTSMAN WATER PARKS
19535 Haude Road Date: 5/20/2021
✓ ` o4- Spring,TX 77388 Project: 24847
-"NANO-- Phone: (281)353-9599 Fax:(281)353-2265
By: Ryan Slott
General Terms and Conditions
Sold To: Port Arthur Ship To: Pleasure Island Project
Terms: Percentage Completed Draws Monthly
CONDITIONS OF SALE
1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an
extra charge over and above the contract.
2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman.All returns are subject to restocking fee
of 25%plus freight charges incurred for return to original shipment origination.
3. Title for all equipment is reserved by Kraftsman Playground and Park Equipment until payment in full is received. The right to enter the
property and repossess said equipment is hereby granted to Kraftsman Playground&Park Equipment if payment is not rendered in
accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Playground
and Park Equipment as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as
awarded by the court.
4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas.
5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and
workmanship.See catalogs or attached drawings for specific layouts,warranties,and specifications.
6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors.
7. A service charge of 1.5%per month will be assessed on all past due amounts.
8. Installation services include all labor,equipment required to complete the job,and insurance coverage's as required by law. Extra
installation charges will incur for abnormal sub surfaces,ie.rock,landfill,etc. Price quoted includes Kraftsman's standard insurance
coverages of$2 million in General Liability&Completed operations,$1 million in Automobile Liability,$1 million per occurrence/$2 aggregate
in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional
insured,waivers of subrogation,or changes to standard coverage shall be added to contract charges. No performance bond or labor and
material payment bonds shall be provided by Kraftsman,unless listed as individual line item in proposal.
9. Kraftsman Playground and Park Equipment is not liable for damages to underground utilities during installation. It is the customers
responsibility to locate all underground utilities.
10. Building permits required by local or state authorities&municipalities are not included and are the responsibility of the owner of the
property,unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our
office and we will provide a quote if not included as a line item within this proposal.
11. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days.
Respectfully Submitted: Date: May 20, 2021
Ryan Slott
Acceptance of Proposal:
The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through
probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees
incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract.
Authorized Signature: PO#:
Printed Name& Title: Date of Acceptance:
Authorized Signature:
Printed Name& Title:
WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY&FITNESS EQUIPMENT
Thank You! We Appreciate Your Business!
P.R.No. 21998
6/10/2021 ca
EXHIBIT "B"
BUito`��JN ?-41' Kraftsman Proposal #Q70314-1
es' 4. COMMERCIAL PLAYGROUNDS& Page:1
KRAFTSMAN WATER PARKS
�. 19535 Haude Road Date: 6/6/2021
tq�✓ 4- Spring,TX 77388 Project: 24847
'sMAN91.0' Phone: (281)353-9599 Fax:(281)353-2265
By: Ryan Slott
�O Port Arthur FC
Ms. Chandra Alpough C.
Pleasure Island Project g Pleasure Island Project
1308 9th Avenue 540 S. Spoil Levee
Port Arthur, TX 77642 Port Arthur, TX 77640
Phone: Fax: Main Phone: Mobile Phone:
409-983-8152
Terms: P.O.#: Ship Via: Key Map: Total Ship Weight:
Percentage Completed Draws
Qty Product Description Size Weight Color
Update of Quote #Q69006
DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard
Contract #592-19
Kraftsman drawing KPS-24847-2, Sheet K5 dated 6.7.2021
Site Amenities
2 T6RC Regal 6 Ft Rectangular Table, 2 Attached 6Ft. Seats, Rounded 6'
Corners, 3/4" #9 Expanded Metal, Two 2 3/8" Legs, Portable by
Superior Site Amenities
2 T6RCHDCP Regal 6 Ft ADA Table, 2 Attached 4 Ft. Seats, Rounded Corners, 6'
3/4" #9 Expanded Metal, Two 2 3/8" Legs, Portable by Superior
Site Amenities
4 CLAMP Surface Mount Clamp for Portable Tables (set of 2) by Superior n/a
Site Amenities
1 SRPSURCHGS Material Surcharge on Site Amenities by Superior Recreational
ITE Products
Total: $7,657.65
eU'zoF Kraftsman Proposal #Q70314-1
COMMERCIAL PLAYGROUNDS& Page:2
KRAFISMAN WATER PARKS
19535 Haude Road Date: 6/6/2021
1:9C�9O4" Spring,TX 77388 Project: 24847
isMANP�p•4 Phone: (281)353-9599 Fax:(281)353-2265
By: Ryan Slott
Special Terms and Conditions
Subject: Items not included: Date: 2/1/2021
These items are not included:
• Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked
out.
• Concrete lead walks or adjoining observation concrete deck areas.
• Excavation and Drainage of area for fall surfacing.
• Removal of existing fall surface materials.
• Removal of existing equipment.
• Storm Water Pollution Controls for project site.
• Temporary security fence during construction.
• Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required.
• Shade systems or site amenities.
Subject: Buy Board: Date: 2/1/2021
Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts.
Subject: Sales Tax Exempt: Date: 2/1/2021
Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax
Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and
invoicing for the project.
Subject: Insurance Terms: Date: 2/1/2021
Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for
details and charges for naming additional insured parties or adding special coverage's if required.
Subject: Credit Card terms: Date: 2/1/2021
If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card,
there is a 4% processing fee charge.
Subject: Monthly Progress Billings Date: 2/1/2021
All work completed and materials stored as of the last day of the month shall be billed on or before the
25th of said month. Payments to be received by the 15th of the following month.
Subject: Shipping Charges Date: 2/1/2021
Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90
days.
Subject: No Bonding Included: Date: 2/1/2021
No performance, or payment bonds, and/or maintenance bonds are included. These are available upon
request at additional cost for the bonds and processing.
Subject: Delivery and Unloading: Date: 2/1/2021
If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment
resources are available for timely off-loading, safe handling, and secure storage of equipment upon
receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck
will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove
equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will
be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the
site at the time of installation.
suiz
°F Kraftsman Proposal #Q70314-1
COMMERCIAL PLAYGROUNDS& Page:3
'CRAFTSMAN WATER PARKS
19535 Haude Road Date: 6/6/2021
�✓� o4 Spring,TX 77388 Project: 24847
TsmANvl.av' Phone: (281)353-9599 Fax:(281)353-2265
By: Ryan Slott
Subject: Locating for Underground Utilities: Date: 2/1/2021
• Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public
Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation.
Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior
to Kraftsman arriving on site.
• Customer is to locate, mark, and provide information for all privately owned utilities that are not
marked by the Public Utility providers, for all utility service lines below grade that are privately owned.
These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer
and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the
property owner.
• Kraftsman is not responsible for any underground utilities which are not marked or located by the owner
or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation,
and other listed above will not be repaired by Kraftsman and will be the owner's expense and
responsibility.
Subject: Installation: Date: 2/1/2021
Installation quoted includes: Receiving and unloading of equipment, excavation of required footings,
assembly of structure, concrete for footings, and all equipment necessary for installation.
Subject: Project Completion: Date: 2/1/2021
Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal
provided that the following has been completed and approved by the customer:
• Project product submittals reviewed, approved and returned.
• Completed Color selection sheet (signed and dated)
• Physical project address
• All contact names and phone numbers
• Exemption certificate
• Deposit per contract
Allow adequate time for processing and procuring construction permits if required.
Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer,
issuance of building permits if required, weather permitting.
Subject: Lead Times: Date: 2/1/2021
Lead Times are after approval of all Initial submittal info and colors.
Superior Site Amenities - lead time for items to ship is 8-10 weeks from the time order is placed with the
manufacturer.
The Park Catalog - lead time is 20 weeks from when the order is placed with the manufacturer.
Subject: Force Majeure: Date: 2/1/2021
Each Party shall be excused from liability for the failure or delay in performance of any obligation under
this Agreement (other than failure to make payment when due) by reason of any event beyond such
Party's reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake,
pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of
terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack
or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse
from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay
in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party's
failure or delay in performance due to force majeure must be given to the other Party within (20) days
after its occurrence has become identified by the Party. All delivery dates under this Agreement that have
been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall
any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of
compliance with governmental orders or directives.❑
f$ 6U'z0 Kraftsman Proposal #Q70314-1
COMMERCIAL PLAYGROUNDS& Page:4
WATER PARKS
KRAFTSMAN
19535 Haude Road Date: 6/6/2021
��✓ off Spring,TX 77388 Project: 24847
4'1.5'44ANPI.0 Phone: (281)353-9599 Fax:(281)353-2265
By: Ryan Slott
General Terms and Conditions
Sold To: Port Arthur Ship To: Pleasure Island Project
Terms: Percentage Completed Draws Monthly
CONDITIONS OF SALE
1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an
extra charge over and above the contract.
2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman.All returns are subject to restocking fee
of 25%plus freight charges incurred for return to original shipment origination.
3. Title for all equipment is reserved by Kraftsman Playground and Park Equipment until payment in full is received. The right to enter the
property and repossess said equipment is hereby granted to Kraftsman Playground&Park Equipment if payment is not rendered in
accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Playground
and Park Equipment as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as
awarded by the court.
4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas.
5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and
workmanship.See catalogs or attached drawings for specific layouts,warranties,and specifications.
6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors.
7. A service charge of 1.5%per month will be assessed on all past due amounts.
8. Installation services include all labor,equipment required to complete the job,and insurance coverage's as required by law. Extra
installation charges will incur for abnormal sub surfaces,ie.rock,landfill,etc. Price quoted includes Kraftsman's standard insurance
coverages of$2 million in General Liability&Completed operations,$1 million in Automobile Liability,$1 million per occurrence/$2 aggregate
in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional
insured,waivers of subrogation,or changes to standard coverage shall be added to contract charges. No performance bond or labor and
material payment bonds shall be provided by Kraftsman,unless listed as individual line item in proposal.
9. Kraftsman Playground and Park Equipment is not liable for damages to underground utilities during installation. It is the customers
responsibility to locate all underground utilities.
10. Building permits required by local or state authorities&municipalities are not included and are the responsibility of the owner of the
property,unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our
office and we will provide a quote if not included as a line item within this proposal.
11. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days.
Respectfully Submitted: Date: June 6, 2021
Ryan Slott
Acceptance of Proposal:
The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through
probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees
incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract.
Authorized Signature: PO#:
Printed Name& Title: Date of Acceptance:
Authorized Signature:
Printed Name& Title:
WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY&FITNESS EQUIPMENT
Thank You! We Appreciate Your Business!