HomeMy WebLinkAboutPR 22940: PURCHASE OF A PLYSCAPE SYSTEM FOR LAKEVIEW PARK FROM KRAFTSMAN y-.
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: January 5, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager •
From: Chandra Alpough, Director of Parks and Recreation
RE: P.R. No. 22940—Purchase of a Playscape System for Lakeview Park from
Kraftsman
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22940
authorizing the purchase of a playscape system for Lakeview Park located at 5200 7th Street
from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas through Texas
BuyBoard Cooperative Purchasing Contract No. 679-22 in the amount of$87,932.80.
Background:
On September 29, 2022, one of the four slides on the playscape system located at Lakeview
Park was stolen which compromised the integrity of the system. The system needs to be
replaced as it is now a safety hazard. Pursuant to Resolution Number 22-584, a settlement was
received from the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) in the
amount of$53,045.00 less the $5,000.00 deductible, making the final settlement $48,045.00.
Once the repairs are completed, the final invoice will be submitted to TMLIRP for review of
any supplemental payments due. The Parks and Recreation Department is proposing the
purchase of the playscape system in order to continue to have safe and accessible parks for the
citizens of Port Arthur.
Budget Impact:
Funds are available in the Account Number 307-25-067-8525-00-10-000 Project Number
PR0008.
Recommendation:
It is recommended that the City Council approve P.R. No. 22940 authorizing the purchase of
a playscape system for Lakeview Park located at 5200 7th Street from Kraftsman Commercial
Playgrounds & Water Parks of Spring, Texas through Texas BuyBoard Cooperative
Purchasing Contract No. 679-22 in the amount of$87,932.80.
"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.22940
1/5/2023 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PURCHASE OF A PLAYSCAPE SYSTEM FOR
LAKEVIEW PARK LOCATED AT 5200 7TH STREET FROM KRAFTSMAN
COMMERCIAL PLAYGROUNDS & WATER PARKS OF SPRING, TEXAS THROUGH
TEXAS BUYBOARD COOPERATIVE PURCHASING CONTRACT NO. 679-22 IN THE
AMOUNT OF $87,932.80; FUNDING AVAILABLE IN ACCOUNT NUMBER 307-25-067-
8525-00-10-000 PROJECT NUMBER PR0008
WHEREAS, on September 29, 2022, one of the four slides on the playscape system
located at Lakeview Park was stolen which comprised the safety and integrity of the playscape
system and needs to be replaced; and,
WHEREAS, pursuant to Resolution Number 22-584, a settlement was received from the
Texas Municipal League Intergovernmental Risk Pool (TMLIRP) of $53,045.00 less the
$5,000.00 deductible, making the final settlement offer$48,045.00; and,
WHEREAS, once repairs are completed, the final invoice will be submitted to TMLIRP
for review of any supplemental payments due; 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 & Water Parks of Spring, Texas is part
of the Buyboard cooperative purchasing program under Contract No. 679-22 and submitted a
quote for the playscape system in the amount of$87,932.80 (attached hereto as Exhibit"A") for
Lakeview Park located at 5200 7th Street; 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.
P. R.No. 22940
1/5/2023 ca
Section 2. That the City Council deems it is in the best interest of the City to
authorize the purchase of a playscape system from Kraftsman Commercial Playgrounds & Water
Parks of Spring, Texas through Texas Buyboard Cooperative Purchasing Contract No. 679-22 in
the amount of$87,932.80 for Lakeview Park located at 5200 7th Street.
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., 2023, 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:
Val Tizeno, Esq.
City Attorney
P. R.No. 22940
1/5/2023 ca
APPROVED FOR ADMINISTRATION:
Ron Burton
City Manager
atain6ka_
Chandra Alpough
Director of Parks and Recreation
APPROVED AS TO AVAILABILITY OF FUNDS:
t/VC-t../V- -NO
Kandy Daniel
Interim Director o Finance
Clifton 'illiams, CP'
Purchasing Manager
P. R.No. 22940
1/5/2023 ca
EXHIBIT "A"
J" B U'`4.� K rafts m a n QUOTE#Q75197-1
~^ �� COMMERCIAL PLAYGROUNDS& Date:01/05/2023
KRAFTSMAN WATER PARKS Project:28373
,.. 19535 Haude Road Created By:Ryan Slott
ft; `o4' Spring,TX 77388
qF Quote Name:New Playground
rsMANPIa:. Phone: (281)353-9599 Fax: (281)353-2265
Page 1 of 4
BILL TO SHIP TO
Port Arthur, City of ". 409-983-8152
Ms. Chandra Alpough, MA, CPRP
Lakeview Park Playground Lakeview Park Playground
PO Box 1089 5200 7th St
Port Arthur,TX 77641 Port Arthur,TX 77642
Terms:
Percentage Completed Draws
QTY Code Description Size Weight Color
Design: KPS-28373 Sheet: K.2 Date: 10.20.2022
DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract#679-22
Play Eauioment
1 PS3-70570 Playunit for ages 2 to 12 years old,by Superior Playgrounds
1 TFR16610XX Hurricane Spinner by Superior Playgrounds
1 90018204XX Two-Seat Retro Rocker by Superior Playgrounds 6.5'x1.5'
Safety Surfacinn Materials
Wood Fiber,Timbers.Rama.and Wear Mats
45 APS-BORDER12 12"x4' Playground Border with Spike by Action Play Systems 12" black
1 APS- ADA Full Ramp System with spikes for use with 8"or 12"borders by Action Play black
ADAFULLRAMP Systems
1 APS-WEARMAT Circular Wear Mat,8'diameter x 2",comes in 4 pieces with removable plug in the 8'
-8' middle,by Action Play Systems diameter
2 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' 40
97 EWF Engineered Wood Fiber for playgrounds cu.yd. Natural
1 APS-SWINGMAT Swing Wear Mat,3'x5'x2",by Action Play Systems 3'x5'x2"
2 APS- Swing/Slide Wear Mat,40"x40"x1.5",by Action Play Systems 40"x40"
SWING/SLIDE x1.5"
MAT
Total: $87,932.80
Initials
FUN BVitp
� Kraftsman QUOTE#Q75197-1
COMMERCIAL PLAYGROUNDS& Date:01/05/2023
KRAFTSMAN WATER PARKS Project:28373
.. 19535 Haude Road Created By:Ryan Slott
T,�✓ ` `o4' Spring,TX 77388
qF Quote Name:New Playground
TSMaupO'S. Phone: (281)353-9599 Fax: (281)353-2265
Page 2 of 4
Special Terms and Conditions
Items not included:
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.
• 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.
*Removal of Playground and Borders are not included
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
FUN Bust
°F,�� Kraftsman QUOTE#Q75197-1
COMMERCIAL PLAYGROUNDS& Date:01/05/2023
KRAFTSMAN WATER PARKS Project:28373
... 19535 Haude Road Created By:Ryan Slott
tp✓ ` o4" Spring,TX 77388
9F Quote Name:New Playground
'-54,1ANPOP'' Phone: (281)353-9599 Fax: (281)353-2265
Page 3 of 4
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 being once the order is placed with the manufacturer.
Superior Playground - lead time for items to ship is 14 weeks for steel playgrounds
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.L
Initials
FAN av/c
�F,s Kraftsman QUOTE#Q75197-1
COMMERCIAL PLAYGROUNDS& Date:01/05/2023
'CRAFTSMAN WATER PARKS Project:28373
..r 19535 Haude Road Created By:Ryan Slott
✓ ` Spring,TX 77388
qF Quote Name:New Playground
smANP%-0 Phone: (281)353-9599 Fax: (281)353-2265
Page 4 of 4
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 January 5, 2023
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!
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