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HomeMy WebLinkAboutPR 23751: MUSICAL PLAYGROUND EQUIPMENT FROM KRAFTSMAN COMMERCIAL PLAYGROUND & WATER PARKS of - ` urt rtlrtrr www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 9, 2024 To: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreatiop 2 RE: P.R. 23751-Purchase of Musical Playground Equipment from Kraftsman Commercial Playground& Water Parks Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 23751 authorizing the purchase of musical playground equipment from Kraftsman Commercial Playground & Water Parks of Spring, TX, for Lakeview Park in an amount not to exceed $32,677.61. Background: Pursuant to Resolution No. 21-264, the City Council awarded a contract to SETX Facilities and Maintenance, LLC of Beaumont, Texas for the construction of a spray park, soccer field and volleyball court at 5200 7th Street(formerly Lakeview Pool). In order to continue with the improvements of the park, the Parks and Recreation Department has identified a need for musical playground equipment at the park. The installation of the musical playground equipment will provide a safe, inclusive, and engaging environment for children of all ages within the community. This will also aid in the revitalization of the community. Budget Impact: Funds in an amount $32,677.61 are available in the following account: 001-25-065-8522-00- 20-000. Recommendation: It is recommended that the City Council approve P.R. No. 23751 authorizing the purchase of musical playground equipment from Kraftsman Commercial Playground & Water Parks of Spring, TX in an amount not to exceed$32,677.61. "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. 23751 5/8/2024 DDG RESOLUTION NO. A RESOLUTION AUTHORIZING THE PURCHASE OF MUSICAL PLAYGROUND EQUIPMENT FOR LAKEVIEW PARK FROM KRAFTSMAN COMMERCIAL PLAYGROUND & WATER PARKS OF SPRING, TEXAS, FOR THE PARKS AND RECREATION DEPARTMENT THROUGH TEXAS BUYBOARD COOPERATIVE PURCHASING CONTRACT NUMBER 679-22, IN AN AMOUNT NOT TO EXCEED $32,677.61; FUNDING AVAILABLE ACCOUNT NUMBER 001-25-065-8522-00-20-000. WHEREAS, Pursuant to Resolution 21-264, the City Council awarded a contract to SETEX Facilities and Maintenance,LLC of Beaumont,Texas for the construction of a spray park, soccer field and volleyball court at 5700 7th Street(formerly Lakeview Pool); and, WHEREAS, in order to continue with the improvements of Lakeview Park, the Parks and Recreation Department has identified a need for musical playground equipment at Lakeview Park to enhance community recreational facilities; and, WHEREAS, the installation of musical playground equipment will provide a safe, inclusive, and engaging environment for children of all ages within the community; 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 the Buyboard Cooperative Purchasing Program; and, WHEREAS, Kraftsman Commercial Playground & Water Parks of Spring, Texas is part of the Buyboard Cooperative Purchasing Program under Contract Number 679-22 and submitted a quote for musical playground equipment in an amount not to exceed$32,677.61 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 in the best interest of the City to authorize the purchase of a musical playground equipment from Kraftsman Commercial Playground & Water Parks of P. R.No. 23751 5/8/2024 DDG Spring,Texas through Buyboard Contract Number 679-22, in an amount not to exceed$32,677.61,funding being made available in Account Number 001-25-065-8522-00-20-000. 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., 2024, 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: Ja s M. Black In rim City Attorney APPROVED FO r I i ISTRATION: I.411744.* Ronald Burton, CP City Manager P. R.No. 23751 5/8/2024 DDG E/LaJ1 LdAO aapikaft_ Chandra Alpough, CPM Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: ®r• - 2C��) ,6 & � Lynda oswell Director of Finance ,k Clifton Williams, CPPB Purchasing Manager P. R.No. 23751 5/8/2024 DDG EXHIBIT A ��N sw�v �� r. K rafts m a n QUOTE#Q80891-1 ~•" COMMERCIAL PLAYGROUNDS& Date:05/03/2024 KRAFTSMAN WATER PARKS Project:28719 19535 Haude Road Created By:Ryan Slott r ✓ ` 4. S rin TX 77388 L, cc P g' Quote Name:Option 2 W/Flower 9">sMANpOS. Phone: (281)353-9599 Fax: (281)353-2265 Page 1 of 4 BILL TO SHIP TO Port Arthur,City of %. 409-983-8152 Port Arthur,City of ` 409-983-8152 Ms. Chandra Alpough, MA, CPRP Ms. Chandra Alpough, MA, CPRP Q 409-549-4077 Lakeview Splash-Music Lakeview Splash-Music PO Box 1089 5200 7th St Port Arthur, TX 77641 Port Arthur, TX 77642 Terms: Net 30 days QTY Code Description Size Weight Color Lakeview Music (Surface Mount on Concrete) Option 2 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract#679-22 1 TD-SM-N-SRP-K Tuned Drums,set of 5 drums,Surface Mount by Superior Playgrounds 1 LPAD-G-SM- Lily Pad Cymbals, 10 circular discs with 3 attached mallets,up to 3 people can play at REC-SRP-KP one time,dark walnut reycled post,surface mount by Superior Playgrounds 1 CATR-SM-SRP- Caterpillar musical instrument,surface mount by Superior Playgrounds KP 1 GRIF-SM-REC- Griffin,Chime Musical Instrument, 11 notes with two attached mallets,dark walnut SRP-KP recycled post,surface mount by Superior Playgrounds 1 FWR-O-SM-SRP- Orange Flower Shaped Bell Style Musical Instrument,4 Notes,with attached mallet, orange KP surface mount by Superior Playgrounds Total: $32,677.61 Initials Kraftsman QUOTE#Q80891-1 ~�'` COMMERCIAL PLAYGROUNDS & Date.05103/2024 KRAFTSMAN WATER PARKS Project:28719 19535 Haude Road Created By:Ryan Slott r4✓ ` `4 Spring,TX 77388 Quote Name Option 2 WlFlower 4rTsmANpt..0' Phone: (281) 353-9599 Fax: (281)353-2265 Page 2 of 4 Special Terms and Conditions 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. 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 ,( N� Bu��o �. 1 F Kraftsman QUOTE#Q80891-1 �� t. COMMERCIAL PLAYGROUNDS & Date.05iO3i2024 KRAFT'SMAN WATER PARKS Project:28719 _ 19535 Haude Road Created By:Ryan Slott r44 co Spring,TX 77388 c Quote Name:Option 2 W/Flower rsMANPLO. Phone: (281)353-9599 Fax: (281)353-2265 Page 3 of 4 Installation of Playground: Installation quoted includes: A. Receiving and unloading of equipment B. Assembly of music equipment C. Installation of music equipment D. 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 3-4 weeks for musical play equipment 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 t„N sumo, Kraftsman QUOTE#Q80891-1 r` COMMERCIAL PLAYGROUNDS & Date.05103/2024 KRAfTSMAN WATER PARKS Project:28719 19535 Haude Road Created By:Ryan Slott y✓ ` `a Spring,TX 77388 Quote Name:Option 2 WIFlower 4"TSMANPLO Phone: (281)353-9599 Fax: (281)353-2265 Page 4 of 4 General Terms and Conditions Bill To: Ship To: Port Arthur. City of Port Arthur, City of 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 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°A)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 May 3, 2024 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!