HomeMy WebLinkAboutPR 23464: CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARKS INTEROFFICE MEMORANDUM
Date: November 15, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: George Davis, Director of Pleasure Island
RE: P.R. 23464—Contract with Kraftsman Commercial Playgrounds and Water
Parks for the Construction of a Playground at 540 South Spoil Levee Road.
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 23464
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 540 South Spoil
Levee Road in the projected budgetary amount of$56,616.75.
Background:
The playscape in the RV Park's playground on Pleasure Island has had numerous maintenance
issues. The Pleasure Island Department has performed numerous repairs on the playscape and
it could possibly become a safety hazard.
The existing playscape will be demolished and a newly erected playscape 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 $56,616.75 is available for this purpose in
Account Number 307-60-000-8525-00-10-000 Project Number PI0003.
Recommendation:
It is recommended that the City Council approve P.R.No. 23464 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 540 South Spoil Levee Road in the projected
budgetary amount of$56,616.75.
"Remember. sse 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. 23464
11/15/2023 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 $56,616.75; FUNDING
AVAILABLE IN ACCOUNT NUMBER 307-60-000-8525-00-10-000
PROJECT NUMBER PI0003
WHEREAS,the playscape in the RV Park's playground on Pleasure Island has had
numerous maintenance issues; and,
WHEREAS, the Pleasure Island Department has performed numerous repairs on
the playscape,but it is expensive to maintain; 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 $56,616.75 attached hereto as
Exhibit"A";now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
P. R. No. 23464
11/15/2023 gd
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorized 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 540 South Spoil Levee Road through Buyboard Contract Number 679-22, in the
total amount not to exceed $56,616.75, 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., 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
P. R. No. 23464
11/15/2023 gd
APPROVED AS TO FORM:
Vic C 010
Val Tizeno, .
q
City Attorney
APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
George Da is
Director of Pleasure Island
APPROVED AS TO AVAILABILITY OF FUNDS:
hfitEp
Lynda Boswell
Director of Finance
Clifto Williams, CPPB
Purchasing Manager
P. R. No. 23464
11/15/2023 gd
Exhibit "A"
00 B U'`e, K rafts m a n QUOTE#Q78981
COMMERCIAL PLAYGROUNDS& Date:1012712023
KRAFTSMAN WATER PARKS Project:29245
19535 Haude Road Created By:Ryan Slott
���`*-Go,- Spring,TX 77388
RrSMANp'P`" // Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Option 2
Page 1 of 5
BILL TO SHIP TO
Port Arthur, City of t. 409-982-4675
George Davis
Pleasure Island-South Levee Playground Pleasure Island-South Levee Playground
PO Box 1089 540 S Spoil Levee
Port Arthur, TX 77641 Port Arthur,TX 77640
Terms:
Percentage Completed Draws
QTY Code Description Size Weight Color
Option 2
Design:KPS-29245-2 Sheet: K.2 Date:10.25.23
DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#592-19
Playground
1 GFP-20427 Recycled Plastic playground for ages 2-12 years by Superior Playgrounds
1 TFRO615XX Whirl and Twirl for by Superior Playgrounds
Surfacing/Borders/ADA Ramp
37 APS-BORDER12 12"x4'Playground Border with Spike by Action Play Systems 12" black
1 APS- ADA Half Ramp System for use with 8"or 12"borders by Action Play Systems black
ADAHALFRAMP
1 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' 40
63 EWF Engineered Wood Fiber for playgrounds cu.yd. Natural
2 APS- Slide Wear Mat,40"x40"x1.5",by Action Play Systems 40"x40" 65
SWING/SLIDE x1.5"
MAT
1 TFRO718XX Spinner Mat,8'Octagonal,for Spinners by Superior Playgrounds
Total: $56,616.75
Initials
wto
03
" Kraftsman QUOTE#Q78981
~(,"" COMMERCIAL PLAYGROUNDS& Date:10/27/2023
KRAFTSMAN WATER PARKS Project:29245
J 19535 Haude Road Created By:Ryan Slott
,�q✓�`�`o� Spring,TX 77388
'sM P allo. ' Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Option 2
Page 2 of 5
Special Terms and Conditions
Delivery and Unloading:
Customer is responsible for insuring 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 direct delivery shipments.
Customer is responsible for documenting, recording, counting of shipment. Any freight damages and/or shortages are
the responsibility of the customer of submitting those claims with the freight line.
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.
Delivery drivers are not required or provided for unloading the materials/product from the truck. Kraftsman is not
responsible for unloading said items.
Items not included:
These items are not included (unless separately listed in line-items of proposal):
• 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.
• Anything not specifically listed in line items of proposal.
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.
Initials
FAN sUWto
�r^�'11♦�,,,F,p Kraftsman QUOTE#Q78981
Jel ‘P COMMERCIAL PLAYGROUNDS& Date.10/27/2023
KRAFTSMAN WATER PARKS Project:29245
19535 Haude Road
'✓ , Created By:Ryan Slott
*4 FTv -C* Spring,TX 77388 Quote Name:Option 2
TSMANp r Phone: (281)353-9599 Fax: (281)353-2265
Page 3 of 5
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.
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 by 811 prior to work done by Kraftsman. 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 of Playground:
Installation quoted includes:
A. Receiving and unloading of equipment
B. Excavation of required footings
C. Assembly of structure
D. Concrete for footings
E. All labor, tools, machinery, and equipment as necessary for installation.
Project Completion Playgrounds:
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(see Lead Time
Note for ship times from manufactures), issuance of building permits if required, weather permitting.
Lead Times Playgrounds:
Lead Times are after approval of all Initial submittals/colors(see Project Completion Note for additional information on
submittal times), and begin once the order is placed with the manufacturer.
Superior Playground -lead time for items to ship is 14-15 weeks recycled plastic playgrounds
Initials
^ ; s Kraftsman
QUOTE#Q78981
COMMERCIAL PLAYGROUNDS& Date:10/2712023
KRAF?SMAN WATER PARKS Project:29245
19535 Haude Road Created By:Ryan Slott
+�q✓�r't Spring,TX 77388
'sMANo•N' Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Option 2
Page 4 of 5
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._
Storage Fees:
Please review lead times for production and shipping, If for whatever reason customer or customers site is not ready for
installation of product within 4 weeks of arrival from manufacturer at Kraftsman warehouse, a storage fee equal to 2% of
the product will be incurred monthly to be paid at time of installation.
Initials
P. R.No. 23464
11/15/2023 gd
Exhibit "B"
04
4..� Bu'�s Kraftsman� QUOTE#Q78981
^_ COMMERCIAL PLAYGROUNDS& Date:10/27/2023
KRAFTSMAN WATER PARKS Project:29245
..� 19535 Haude Road Created By:Ryan Slott
Spring,TX 77388
4f Quote Name:Option 2
rsMArrvvnr• Phone: (281)353-9599 Fax: (281)353-2265
Page 5 of 5
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 retum 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 October 27,2023
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!