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HomeMy WebLinkAboutPR 22130: PURCHASE OF A 14' WEB WHIRL ROPE CLIMBER FROM KRAFTSMAN 0 www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 7, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreationf2 U RE: P.R. No. 22130-Purchase of a 14' Web Whirl Rope Climber from Kraftsman Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22130 authorizing the purchase of a 14' Web Whirl Rope Climber for Bryan Park, located at 1000 Gulfway Drive, from Kraftsman of Spring, Texas through the Texas Buyboard Cooperative Purchasing Contract No. 592-19 in the amount of$32,057.14. Background: The City Council of Port Arthur has made "quality of life" a primary goal of city governance and administration. It is even more of a focal point as citizens try to balance life while dealing with various issues that have stricken the nation. The Parks and Recreation Department is proposing the purchase of a 14' Web Whirl Climber for Bryan Park to aesthetically improve and enhance the park to make it a more enjoyable place for the citizens of Port Arthur. Budget Impact: Funds are available in the following account: 001-25-065-5322-00-20-000. Recommendation: It is recommended that the City Council approve P.R. No. 22130 authorizing the purchase of a 14' Web Whirl Rope Climber for Bryan Park, located at 1000 Gulfway Drive, from Kraftsman of Spring,Texas through the Texas Buyboard Cooperative Purchasing Contract No. 592-19 in the amount of$32,057.14. "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. 22130 9/7/2021 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE PURCHASE OF A 14' WEB WHIRL ROPE CLIMBER FOR BRYAN PARK LOCATED AT 1000 GULFWAY DRIVE FROM KRAFTSMAN OF SPRING, TEXAS THROUGH TEXAS BUYBOARD COOPERATIVE PURCHASING CONTRACT NO. 592-19 IN THE AMOUNT OF $32,057.14; FUNDING AVAILABLE ACCOUNT NUMBER 001-25-065-5322-00-20-000 WHEREAS, the City Council of Port Arthur has made "quality of life" a primary goal of city governance and administration; and, WHEREAS, in order to aesthetically improve and make the experience of being at Bryan Park, located at 1000 Gulfway Drive, a more enjoyable one, the Parks and Recreation Department recommends the purchase of a 14' web whirl climber; 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 of Spring, Texas is part of the Buyboard cooperative purchasing program under Contract No. 592-19 and submitted a quote for a 14' web whirl climber for Bryan Park, located at 1000 Gulfway Drive, in the amount of $32,057.14 (attached hereto as Exhibit "A"); 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 of a 14' web whirl climber for Bryan Park, located at 1000 Gulfway Drive, from Kraftsman of Spring, Texas through Buyboard Contract No. 592-19 in the amount of $32,057.14. P. R.No. 22130 9/7/2021 ca 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" Bathe Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: i Val Tizeno, Esq. City Attorney APPROVED FOR ADMINISTRATION: Ron Burton City Manager P. R.No. 22130 9/7/2021 ca Chandra Alpough Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: CA-,...A)/ )(-)c .A.. „,_,D Kandy Daniel Interim Director of Finance Clifton Williams, CPPB Purchasing Manager P. R.No. 22130 9/7/2021 ca EXHIBIT "A" \3; Buito Kraftsman Proposal #Q71 250 � COMMERCIAL PLAYGROUNDS& Page:1 KRAFTSMAN WATER PARKS 47 19535 Haude Road Date: 9/7/2021 p I *1.' Spring,TX 77388 Project: 26294 smANpt.P.•• Phone:(281)353-9599 Fax:(281)353-2265 By: Ryan Slott Port Arthur, City of Ms. Chandra Alpough, MA, CPRP a A Bryan Park - Playground y Bryan Park - Playground 1308 9th Avenue Port Arthur, TX 77642 , TX Phone: Fax: Main Phone: Mobile Phone: 409-983-8152 Terms: P.O.#: Ship Via: Key Map: Total Ship Weight: Net 30 days Qty Product Description Size Weight Color DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #592-19 Drawing:KPS-26294-2 Option 2 Sheet:K.1.1 Dated: 7.23.2021 1 RC-2100-FSR Ascend 14 Ft Web Whirl Rope Climber by Superior Playgrounds 1 SRPSURCHG Material Surcharge on Playground equipment by Superior Recreational Products 32 APS- 12"x4' Playground Border with Spike by Action Play Systems 12" black BORDER12 48 EWF Engineered Wood Fiber for playgrounds cu. yd. Natural 1 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' 40 Total: $32,057.14 c,04 BU'zoF�s Kraftsman Proposal #Q71250 COMMERCIAL PLAYGROUNDS& Page:2 KRAFTSMAN WATER PARKS !- 19535 Haude Road Date: 9/7/2021 74,4 1�?4' Spring,TX 77388 QF Project: 26294 1.s4ANpt.P+• Phone: (281)353-9599 Fax:(281)353-2265 By: Ryan Slott Special Terms and Conditions Subject: Items not included: Date: 7/22/2021 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: 7/22/2021 Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Subject: Sales Tax Exempt: Date: 7/22/2021 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: 7/22/2021 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: 7/22/2021 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: 7/22/2021 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: 7/22/2021 Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Subject: No Bonding Included: Date: 7/22/2021 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: 7/22/2021 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. 0)" Kraftsman Proposal #Q71250 `i� FP � "e-s COMMERCIAL PLAYGROUNDS& Page:3 'CRAFTSMAN WATER PARKS 19535 Haude Road Date: 9/7/2021 fR✓ ` oa Spring,TX 77388 Project: 26294 9F1.SMANPLO Phone: (281)353-9599 Fax: (281)353-2265 By: Ryan Slott Subject: Locating for Underground Utilities: Date: 7/22/2021 • 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: 7/22/2021 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: 7/22/2021 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: 7/22/2021 Lead Times are after approval of all Initial submittal info and colors. Superior Playground - lead time for items to ship is 14-16 weeks for rope climbers from when the order is placed with the manufacturer. Subject: Force Majeure: Date: 7/22/2021 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.❑ 03" e U'`,,� Kraftsman Proposal #Q71250 COMMERCIAL PLAYGROUNDS& Page:4 'CRAFTSMAN WATER PARKS 19535 Haude Road Date: 9/7/2021 +�✓ o� Spring,TX 77388 Q`TSHA P p Phone: (281)353-9599 Fax:(281)353-2265 Project: 26294 By: Ryan Slott General Terms and Conditions Sold To: Port Arthur, City of Ship To: Bryan Park-Playground Terms: Net 30 days 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: September 7, 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!