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HomeMy WebLinkAboutPR 22921: CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARKS wti�w.Po tr.rtnurTx. .:,. INTEROFFICE MEMORANDUM Date: November 30, 2022 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: George Davis, Director of Pleasure Island RE: P.R. 22921 —Contract with Kraftsman Commercial Playgrounds and Water Parks for the Construction of a Playground at 1520 West T.B. Ellison Pkwy (Lakefront Park). Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22921 authorizing the City Manager to execute a contract with Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas for the construction of a playground at 1520 West T.B. Ellison Pkwy (Lakefront Park) in the projected budgetary amount of$749,957.75. Background: Fun Island Depot was constructed in Lakefront Park on Pleasure Island in 1999. For the past two decades, the playground has been enjoyed by local citizens and tourists to the island. On May 10, 2021, an assessment was done on the then twenty-two-year-old playground by the company which constructed it. The inspector documented that playgrounds are typically expected to last around twenty years with proper maintenance. He concluded that the majority of the playground is in medium to poor condition, needs maintenance and safety compliance work and most of the equipment needs replacement or repairs. Based on the playground's overall age and the materials and equipment condition, he recommended a complete replacement. The existing playground will be demolished and a newly erected nautical-themed playground with a seating area will be constructed in the park. This renovation will aid in the revitalization of Pleasure Island. Budget Impact: Funding in the projected budgetary amount of $749,957.75 is available for this purpose in Account Number 307-60-000-8525-00-10-000 Project Number PI0003. "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 Recommendation: It is recommended that the City Council approve P.R.No. 22921 authorizing the City Manager to execute a contract with Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas for the construction of a playground at 1520 West T.B. Ellison Pkwy (Lakefront Park) in the projected budgetary amount of$749,957.75. "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. 22921 11/30/2022 gd RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARKS OF SPRING, TEXAS FOR THE CONSTRUCTION OF A PLAYGROUND, THROUGH TEXAS BUYBOARD COOPERATIVE PURCHASING CONTRACT NO. 679-22, IN THE TOTAL AMOUNT NOT TO EXCEED $749,957.75; FUNDING AVAILABLE IN ACCOUNT NUMBER 307-60-000-8525-00-10-000 PROJECT NUMBER. PI0003 WHEREAS, Fun Island Depot in Lakefront Park on Pleasure Island is over 20 years old and has had numerous maintenance issues; and, WHEREAS, the Pleasure Island Department has performed numerous repairs on the playground, but it is expensive to maintain; and, WHEREAS, an assessment was done on May 10, 2021, to determine the condition of the playground; 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 the 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 the Texas BuyBoard Cooperative Purchasing Program; and, WHEREAS, Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas through BuyBoard Cooperative Purchasing Program Contract Number 679-22, submitted a quote for the construction of a playground in the amount of $749,957.75 attached hereto as Exhibit "A"; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: P. R.No. 22921 11/30/2022 gd Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to execute a contract, in substantially the same form as, attached hereto as Exhibit "B", with Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas, for the construction of a playground at 1520 West T.B. Ellison Pkwy (Lakefront Park) through Buyboard Contract Number 679-22, in the total amount not to exceed $749,957.75, with funding made available in Account Number 307-60-000-8525-00-10-000 Project Number PI0003. 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., 2022, 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 P. R.No. 22921 11/30/2022 gd APPROVED AS TO FORM: al Tizeno, sq. City Attorney APPROVED AS TO ADMINISTRATION: Ron Burton City Manager Georg Da is Director of Pleasure Island APPROVED AS TO AVAILABILITY OF FUNDS: IlAcKandy Daniel Interim Director of Finance Clifton Williams, CPPB Purchasing Manager P. R.No. 22921 11/30/2022 gd Exhibit "A" Kraftsman QUOTE#Q75272 COMMERCIAL PLAYGROUNDS& Date:11/09/2022 WATER PARKS Project:27559 'CRAFTSMAN 19535 Haude Road Spring,TX 77388 Created By:Ryan Slott Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 1 of 7 BILL TO SHIP TO Port Arthur, City of t. 409-982-4675 George Davis Fun Island Playground Fun Island Playground 520 Pleasure Pier Blvd Pleasure Island (Under Bridge) Port Arthur,TX 77640 Port Arthur, TX 77640 Terms: Percentage Completed Draws QTY Code Description Size Weight Color Drawing:KPS-27559-2 Sheet:K.2 Date:7.26.2022 1 DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#679-22 Play Structure 1 R3FX-30076-B- Large Shipwreck Theme with Coastal Corrosion Protection Paint Package R3 1 R3FX-30076-A- Small Ship Wreck with Coastal Corrosion Protection Protection Paint Package R2 Swing Set 1 EFRO119XX Arched Swings,4 Bays,5"frame,w/Coastal Corrosion Protection Paint Package,by Superior Playgrounds 2 90015108)X Belt swing seats,molded belt seats with galvanized triangle hardware and high carbon 8'beam red,yellow, steel spring inserts. Includes galvanized chain and hardware for 8 ft swing frame(sold green,blue, as a set of two),by Superior Playgrounds black or tan 1 PLD0022GRXX Inclusive Team Swing 5"Add-A-Bay Arch with Green Team Swing Seat by Superior Playgrounds 1 TFRO662XX See Me Swing for ages 24-47 months,w/Coastal Corrosion Protection Paint Package by Superior Playgrounds 1 KBUCKETSWIN Single Full Bucket Swing Seat,High Back,with chain and connection hardware G 1 90015130XX Two Full Bucket Swing Seats with high backs and full stainless steel inserts.Includes red,yellow, 54"galvanized chain and hardware,by Superior Playgrounds green,blue or black Surfacing 6035 PIP Poured in Place Safety Surfacing get quote Furnish and install new IPEMA Certified PIP Rubberized Safety Surfacing per ADA, ASTM and IPEMA Standards. Install 6068 sf @ 8'CFH(3.75"system),flush to curb/sidewalk, 100%std epdm colors;Aromatic binder To include TTA @ 5 swing bays,4 single slides,2 double slides; 100%Supreme Color TBD Design to include large wave pattern with 3 color changes;to include(1)shark and(1) octopus design-all 100%std colors Based on good job access,regular wages,trash removal from site Security Guard for cure time(3)shifts Includes a 5 Year Warranty-longer life expectancy with proper maintenance Budget Proposal for Maintenance Roll Coat to be applied 18-24 months from date of installation,to be revised at time of Roll Coat Install-$3.75 SF 22-35543Rv1 Initials Kraftsman QUOTE#Q75272 r COMMERCIAL PLAYGROUNDS& Date:11/09/2022 WATER PARKS KRAFI5MAN 19535 Haude Road Project:27559 Created By:Ryan Slott Spring,TX 77388 Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 2 of 7 6035 CONC4RB Concrete Pad,4"thick concrete pad with,rebar reinforced,broom finish 249 CONC CURB Concrete curbing installed to surround play area and as retaining wall. 6"wide x 24" 6"x24" 6X24 depth Seating Area 1 KSHADEHIP Custom Rectangular Hip Shade Canopy,30'x 20'x 10'eave height with stainless steel cable,glide elbows,4 hot dipped galvanized columns mounted on base plates 6"below surface,by Superior Shade 39 4 PIERS36X048 Concrete piers pavilion&canopy columns,with anchor bolts set if required,with steel 36"x48" rebar reinforcement,By: Kraftsman Site Amenities 4 T6ROLL4-4S Rolled Style Rectangular Pedestal 6 Ft.Table,2 Un-Attached 6 Ft.Seats,Rolled 6' Edges,3/4"#9 Expanded Metal,4"Square Legs,Inground Mount 6 B6WBMETRO 6 ft Bench with back, 14"ribbed steel,solid one piece design,portable or surface 6' mount 2 TR32METRO 32 gallon Trash Receptacle,ribbed steel,flared top,hinged side door,flattop and liner 32 gallon included 2 TR-ING Inground Mount Assembly for TR trash receptacle black 1 TFR19772XX 2-12 Playground Safety Sign by Superior Playgrounds 23.5" x15.5" Site Work 588 SELECTFILL Select Fill-Provide,Install,and compact in place. For park improvements By: CY Kraftsman 254 CONC5RB Bench Pads-Concrete Pad,5"thick concrete pad with,rebar reinforced,broom SF finish, 650 CONC5RB Entry Sidewalk-Concrete Pad,5"thick concrete pad with,rebar reinforced,broom SF finish, 1400 CONC5RB Seating Area Concrete Slab-Concrete Pad,5"thick concrete pad with,rebar SF reinforced,broom finish, Construction Documentation and Mobilization 1 MOBILIZATION Mobilization for Park Area Construction. By:Kraftsman 1 CONSTDOCS Construction documentation, plans&submittals by Kraftsman ** ITEMS NOT INCLUDED ** ** TO BE COMPLETED OR SUPPLIED BY CUSTOMER ** NOTE • Removal of existing fall surface materials down to virgin soil including engineered wood fiber,pea gravel and filter fabric,approximately 12"-20"of materials estimated to be 750+yards of materials on the entire site.(To be completed by customer before the start of the project and the arrival of Kraftsman's Krews) •Removal of existing playground equipment,associated concrete footings,concrete sidewalks,existing shelter,concrete slabs,and wooden borders.(To be completed by customer before the start of the project and the arrival of Kraftsman's Krews) •Removal and resetting of fence panels to allow machinery and equipment access into the site. • Repairs,patching,or resurfacing of existing asphalt walk ways. • Removal or resetting of existing brick pavers. •Sodding or seeding of area,disturbed areas,filled areas,and bermed areas to be raked out. ** ITEMS NOT INCLUDED ** ** AVAILABLE TO BE ADDED AT ADDITIONAL CHARGE UPON REQUEST** Initials K rafts m a n QUOTE#Q75272 COMMERCIAL PLAYGROUNDS& Date:11/09/2022 WATER PARKS Project:27559 K R AFT S M A N 19535 Haude Road Created By:Ryan Slott Spring,TX 77388 `� Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 3 of 7 NOTE • Bonding •Additional Insured •Storm Water Pollution Prevention Plans or controls •TDLR ADA review • Permits • Engineering Stamps Plans for Equipment •Temporary construction fencing Total: $749,957.75 Initials Kraftsman y t- QUOTE#Q75272 COMMERCIAL PLAYGROUNDS& Date:11/09/2022 .+* WATER PARKS KRAFTSMAN 19535 Haude Road Project:27559 .• Spring,TX 77388 Created By:Ryan Slott " 1" Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 4 of 7 Special Terms and Conditions Items not included: These items are not included: • Bonds • Permits • Engineering • TDLR ADA review • Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. • Storm Water Pollution Controls for project site. • Temporary security fence during construction. • Removal of existing fall surface materials including engineered wood fiber, pea gravel and fabric. • Removal of existing equipment, associated concrete footings, concrete sidewalks, existing shelter, concrete slabs, and wooden borders. • Removal and resetting of fence panels necessary for entry of machinery and equipment. • Improvement or upgrades to site drainage. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Sales Tax Exempt: 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. Insurance Terms: 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. Credit Card terms: 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. Monthly Progress Billings 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. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. No Bonding Included: No performance, or payment bonds, and/or maintenance bonds are included. These are available upon request at additional cost for the bonds and processing. Delivery and Unloading: 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. Initials '0 Kraftsman QUOTE#Q75272 COMMERCIAL PLAYGROUNDS& Date:11/09/2022 WATER PARKS KRAFTSMAN 19535 Haude Road Project:27559 Created By:Ryan Slott i-, Spring,TX 77388 `/ Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 5 of 7 Locating for Underground Utilities: • 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. Installation: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Project Completion: 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. Lead Times: Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Superior Playground Themed Playgrounds-lead time for items to ship is 17-30 weeks. Site Amenities -lead time for items to ship is 16-18 weeks for Ultra Leisure items and standard items Force Majeure: 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. NotePricing -Rubber Surfacing Due to the current volatility of the surfacing raw materials market, shipping & labor— Pricing good for 30 days. Expired proposals may be subject to a price increase of up to 3% *Please contact your sales rep for current pricing of all expired proposals Pier Sizes Quoted: 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. Initials Kraftsman QUOTE#Q75272 •...• jfi COMMERCIAL PLAYGROUNDS& Date:11/09/2022 WATER PARKS Project:27559 KRAFTSMAN 19535 Haude Road .- Spring,TX 77388 Created By:Ryan Slott ` Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 6 of 7 Care, Maintenance, and Warranties of Canopies: Fabric Shade Canopies 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 shade 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. All fabric tops are warranted for sustained winds up to 76 mph and for gusts of up to 3 seconds duration up to 90 mph with no snow or ice accumulation. Damage caused by flying debris is not covered. Fabric is not warranted where it is installed on a structure that is not engineered or built by the manufacturer. Acts of Nature: Fabric Shade Canopy warranties do not cover natural disasters, such as earthquakes, shifts in terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Structures are warranted for winds up to 145 mph, only if the shade canopy fabric has been removed as per requirements by the manufacturer. Care must be taken during removal of canopies so as not to damage the fabric or connection points and hardware. Contact Kraftsman or the manufacturer of the canopy if there are questions in regards to proper removal and reinstallation processes and procedures. Building Permits: • Building permits are not included or provided. • Engineer stamped plans are not included. Canopy Lead Times: Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Shade Canopies without engineer sealed drawings- lead time for the shade canopy to ship is 6-7 weeks. Initials Kraftsman QUOTE#Q75272 ,.. ' COMMERCIAL PLAYGROUNDS& Date:11/09/2022 WATER PARKS Project:27559 KRAFTSMAN 19535 Haude Road Spring,TX 77388 Created By:Ryan Slott 4 ` Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 7 of 7 General Terms and Conditions Bill To: Ship To: Port Arthur,City of Terms: Percentage Completed Draws 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 Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks 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 Commercial Playgrounds and Water Parks 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,with venue in Harris County. 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. Payments to Kraftsman by credit card will incur a processing fee of 4%for Visa and MasterCard,and 6%for American Express 9. 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. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities,and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. 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. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days. Respectfully Submitted Date November 9,2022 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. 22921 11/30/2022 gd Exhibit "B" Kraftsman QUOTE#Q75272 COMMERCIAL PLAYGROUNDS& Date:11/09/2022 .: WATER PARKS Project:27559 KRAF�SMAN 19535 Haude Road Created By:Ryan Slott ,r "�+�`„ Spring,TX 77388 ✓ Phone:(281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 7of7 General Terms and Conditions Bill To: Ship To: Port Arthur, City of Terms: Percentage Completed Draws 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 Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks 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 Commercial Playgrounds and Water Parks 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,with venue in Harris County. 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. Payments to Kraftsman by credit card will incur a processing fee of 4%for Visa and MasterCard,and 6%for American Express 9. 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. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities,and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. 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. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days. Respectfully Submitted Date November 9, 2022 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! Kraftsman QUOTE#Q75272 ai,ifr COMMERCIAL PLAYGROUNDS& Date:11/09/2022 ..� N WATER PARKS Project:27559 K R Af 5 S MA 19535 Haude Road Spring,TX 77388 Created By:Ryan Slott .. �.4,41�} Phone:(281)353.9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 6 of 7 Care, Maintenance, and Warranties of Canopies: Fabric Shade Canopies 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 shade 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. All fabric tops are warranted for sustained winds up to 76 mph and for gusts of up to 3 seconds duration up to 90 mph with no snow or ice accumulation. Damage caused by flying debris is not covered. Fabric is not warranted where it is installed on a 9tructuro that is not engineered or built by the manufacturer. Acts of Nature: Fabric Shade Canopy warranties do not cover natural disasters, such as earthquakes, shifts in terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Structures are warranted for winds up to 145 mph, only if the shade canopy fabric has been removed as per requirements by the manufacturer. Care must be taken during removal of canopies so as not to damage the fabric or connection points and hardware. Contact Kraftsman or the manufacturer of the canopy if there are questions in regards to proper removal and reinstallation processes and procedures. Building Permits: Building permits are not included or provided. • Engineer stamped plans are not included. Canopy Lead Times: Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Shade Canopies without engineer sealed drawings- lead time for the shade canopy to ship is 6-7 weeks. Initials " Kraftsman QUOTE#Q75272 COMMERCIAL PLAYGROUNDS& Date:11/09/2022 ... WATER PARKS Project:27559 KRAFTSM N 19535 Haude Road .► ..� Spring,TX 77388 Created By: Ryan Slott ✓ `' Phone: (281)353-9599 Fax: (281)353-2265 Quote Name: Pirate Ship-Option 2(Updating for Page 5 of 7 Locating for Underground Utilities: • 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. Installation: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Project Completion: 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. Lead Times: Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Superior Playground Themed Playgrounds-lead time for items to ship is 17-30 weeks. Site Amenities -lead time for items to ship is 16-18 weeks for Ultra Leisure items and standard items Force Majeure: 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. NotePricing -Rubber Surfacing Due to the current volatility of the surfacing raw materials market, shipping & labor— Pricing good for 30 days. Expired proposals may be subject to a price increase of up to 3% *Please contact your sales rep for current pricing of all expired proposals Pier Sizes Quoted: 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. Initials Kraftsman QUOTE#Q75272 COMMERCIAL PLAYGROUNDS& Date:11/09/2022 �.. ?SMA WATER PARKS Project:27559 TX 77388 KRAF HT Road Created By:Ryan Slott Spring, Phone: (281)353-9599 Fax: (281)353-2265 Quote Name: Pirate Ship-Option 2(Updating for Page 4 of 7 Special Terms and Conditions Items not included: These items are not included: • Bonds • Permits • Engineering • TDLR ADA review • Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. • Storm Water Pollution Controls for project site. • Temporary security fence during construction. • Removal of existing fall surface materials including engineered wood fiber, pea gravel and fabric. • Removal of existing equipment, associated concrete footings, concrete sidewalks, existing shelter, concrete slabs, and wooden borders. • Removal and resetting of fence panels necessary for entry of machinery and equipment. • Improvement or upgrades to site drainage. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Sales Tax Exempt: 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. Insurance Terms: 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. Credit Card terms: 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. Monthly Progress Billings 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. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. No Bonding Included: No performance, or payment bonds, and/or maintenance bonds are included. These are available upon request at additional cost for the bonds and processing. Delivery and Unloading: 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. Initials K rafts m a n QUOTE#Q75272 ^ ►� ^ COMMERCIAL PLAYGROUNDS & Date:11/09/2022 r WATER PARKS Project:27559 KRAfTSMAN 19535 Haude Road Created By:Ryan Slott .• �, Spring,TX 77388 ✓ `"° "` Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship Option 2(Updating for Page 3 of 7 NOTE • Bonding •Additional Insured •Storm Water Pollution Prevention Plans or controls •TDLR ADA review • Permits • Engineering Stamps Plans for Equipment •Temporary construction fencing Total: $749,957.75 Initials 20,: Kraftsman QUOTE#Q75272 1P1,;' COMMERCIAL PLAYGROUNDS& Date:11/09/2022 TSMAN WATER PARKS Project:27559 KRAF M„„ 19535 Haude Road Created By:Ryan Slott Spring,TX 77388 ` `, Phone: (281)353-9599 Fax: (281)353-2265 Quote Name: Pirate Ship-Option 2(Updating for Page 2 of 7 6035 CONC4RB Concrete Pad,4"thick concrete pad with,rebar reinforced, broom finish 249 CONC CURB Concrete curbing installed to surround play area and as retaining wall. 6"wide x 24" 6"x24" 6X24 depth Seating Area 1 KSHADEHIP Custom Rectangular Hip Shade Canopy,30'x 20'x 10'eave height with stainless steel cable,glide elbows,4 hot dipped galvanized columns mounted on base plates 6"below surface, by Superior Shade 39 4 PIERS36X048 Concrete piers pavilion&canopy columns,with anchor bolts set if required,with steel 36"x48' rebar reinforcement,By:Kraftsman Site Amenities 4 T6ROLL4-4S Rolled Style Rectangular Pedestal 6 Ft.Table,2 Un-Attached 6 Ft.Seats,Rolled 6' Edges,3/4"#9 Expanded Metal,4"Square Legs, Inground Mount 6 B6WBMETRO 6 ft Bench with back, 14"ribbed steel,solid one piece design,portable or surface 6' mount 2 TR32METRO 32 gallon Trash Receptacle,ribbed steel,flared top, hinged side door,flattop and liner 32 gallon included 2 TR-ING Inground Mount Assembly for TR trash receptacle black 1 TFR19772XX 2-12 Playground Safety Sign by Superior Playgrounds 23.5" x15.5" Site Work 588 SELECTFILL Select Fill-Provide,Install,and compact in place. For park improvements By: CY Kraftsman 254 CONC5RB Bench Pads-Concrete Pad,5"thick concrete pad with,rebar reinforced,broom SF finish, 650 CONC5RB Entry Sidewalk-Concrete Pad,5"thick concrete pad with, rebar reinforced,broom SF finish, 1400 CONC5RB Seating Area Concrete Slab-Concrete Pad,5"thick concrete pad with,rebar SF reinforced, broom finish. Construction Documentation and Mobilization 1 MOBILIZATION Mobilization for Park Area Construction. By:Kraftsman 1 CONSTDOCS Construction documentation, plans&submittals by Kraftsman ** ITEMS NOT INCLUDED ** ** TO BE COMPLETED OR SUPPLIED BY CUSTOMER ** NOTE •Removal of existing fall surface materials down to virgin soil including engineered wood fiber,pea gravel and filter fabric,approximately 12"-20"of materials estimated to be 750+yards of materials on the entire site.(To be completed by customer before the start of the project and the arrival of Kraftsman's Krews) • Removal of existing playground equipment,associated concrete footings,concrete sidewalks,existing shelter,concrete slabs,and wooden borders.(To be completed by customer before the start of the project and the arrival of Kraftsman's Krews) • Removal and resetting of fence panels to allow machinery and equipment access into the site. • Repairs, patching,or resurfacing of existing asphalt walk ways. • Removal or resetting of existing brick pavers. • Sodding or seeding of area,disturbed areas,filled areas,and bermed areas to be raked out. ** ITEMS NOT INCLUDED ** ** AVAILABLE TO BE ADDED AT ADDITIONAL CHARGE UPON REQUEST** Initials K rafts m a n QUOTE#Q75272 COMMERCIAL PLAYGROUNDS& Date:11/09/2022 WATER PARKS Project:27559 K R AFT 5 M A N 19535 Haude Road Created By:Ryan Slott Spring,TX 77388 Phone:(281)353-9599 Fax: (281)353-2265 Quote Name:Pirate Ship-Option 2(Updating for Page 1 of 7 BILL TO SHIP TO Port Arthur,City of t. 409-982-4675 George Davis Fun Island Playground Fun Island Playground 520 Pleasure Pier Blvd Pleasure Island (Under Bridge) Port Arthur,TX 77640 Port Arthur,TX 77640 Terms: Percentage Completed Draws QTY Code Description Size Weight Color Drawing:KPS-27559-2 Sheet:K.2 Date:7.26.2022 1 DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#679-22 Play Structure 1 R3FX-30076-B- Large Shipwreck Theme with Coastal Corrosion Protection Paint Package R3 1 R3FX-30076-A- Small Ship Wreck with Coastal Corrosion Protection Protection Paint Package R2 Swing Set 1 EFR0119XX Arched Swings,4 Bays,5"frame,w/Coastal Corrosion Protection Paint Package,by Superior Playgrounds 2 90015108XX Belt swing seats,molded belt seats with galvanized triangle hardware and high carbon 8'beam red,yellow, steel spring inserts.Includes galvanized chain and hardware for 8 ft swing frame(sold green,blue, as a set of two),by Superior Playgrounds black or tan 1 PLD0022GRXX Inclusive Team Swing 5"Add-A-Bay Arch with Green Team Swing Seat by Superior Playgrounds 1 TFRO662XX See Me Swing for ages 24-47 months,w/Coastal Corrosion Protection Paint Package by Superior Playgrounds 1 KBUCKETSWIN Single Full Bucket Swing Seat,High Back,with chain and connection hardware G 1 90015130XX Two Full Bucket Swing Seats with high backs and full stainless steel inserts.Includes red,yellow, 54"galvanized chain and hardware,by Superior Playgrounds green,blue or black Surfacing 6035 PIP Poured in Place Safety Surfacing get quote Furnish and install new IPEMA Certified PIP Rubberized Safety Surfacing per ADA, ASTM and IPEMA Standards. Install 6068 sf @ 8'CFH(3.75"system),flush to curb/sidewalk, 100%std epdm colors;Aromatic binder To include TTA @ 5 swing bays,4 single slides,2 double slides;100%Supreme Color TBD Design to include large wave pattern with 3 color changes;to include(1)shark and(1) octopus design-all 100%std colors Based on good job access,regular wages,trash removal from site Security Guard for cure time(3)shifts Includes a 5 Year Warranty-longer life expectancy with proper maintenance Budget Proposal for Maintenance Roll Coat to be applied 18-24 months from date of installation,to be revised at time of Roll Coat Install-$3.75 SF 22-35543Rv1 Initials