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HomeMy WebLinkAboutPR 24148: CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUND & WATER PARKS FOR PARK IMPROVEMENTS AT ROOSEVELT PARK, LONDON BRIDGE PARK AND BABE ZAHARIAS PARK t2t rth www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 29, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Chandra Alpough, CPM, CPRP,Director of Parks and Recreation RE: P.R. 24148 —Contract with'Craftsman Commercial Playgrounds &Water Parks for Park Improvements at Roosevelt Park, London Bridge Park and Babe Zaharias Park Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24148 authorizing the City Manager to enter into a contract with'Craftsman Commercial Playgrounds &Water Parks of Spring,Texas through Buyboard Cooperative Purchasing Contract No. 679- 22 for park improvements to Roosevelt Park ($193,913.07), London Bridge Park ($205,823.80) and Babe Zaharias Park($99,915.31) for a total amount of$499,652.18. Background: The City of Port Arthur City Council has clearly indicated that "quality of life" concerns are a key focus for The City of Port Arthur. City administration has been actively engaged in research planning, designing, and programming efforts to address such issues. The area of Parks and Recreation has been an active focal point for these efforts. Pursuant to Resolution No. 23-462, the City Council adopted a City of Port Arthur Parks and Recreation Master Plan to promote and improve the quality of life for the citizens of Port Arthur, Texas. In addition,it serves as guidance for both short and long term planning for the Parks and Recreation Department. In accordance with the plan,the Parks and Recreation Department has begun to address the park systems that have features and amenities of varied conditions that need to be addressed. Roosevelt Park, London Bridge Park and Babe Zaharias Park are among the parks that are in poor condition. The Parks and Recreation Department proposes the following improvements: replacing the playground systems and swings, adding extra play features, and installing covered seating and benches at Roosevelt Park; replacing the playground systems and swings, adding additional play features, and installing covered seating and benches at London Bridge Park; and replacing swings, adding covered seating and benches, and constructing a pickleball court at Babe Zaharias Park. "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 mr- Budget Impact: Funding in the amount $499,652.18 is available for this purpose in the Parks and Recreation Capital Improvement Account Number 307-25-067-8525-00-20-000 Recommendation: It is recommended that the City Council approve P.R.No.24148 authorizing the City Manager to enter into a contract with Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas through Buyboard Cooperative Purchasing Contract No. 679-22 for park improvements to Roosevelt Park ($193,913.07), London Bridge Park ($205,823.80) and Babe Zaharias Park ($99,915.31) for a total amount of$499,652.18. "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 Pr P. R. #24148 01/29/2025 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS & WATER PARKS OF SPRING, TEXAS THROUGH BUYBOARD COOPERATIVE PURCHASING CONTRACT NO 679-22 FOR PARK IMPROVEMENTS TO ROOSEVELT PARK ($193,913.07), LONDON BRIDGE PARK ($205,823.80) AND BABE ZAHARIAS PARK ($99,915.31), FOR A TOTAL AMOUNT OF $499,652.18. FUNDS ARE AVAILABLE IN THE PARKS AND RECREATION CAPITAL IMPROVEMENT ACCOUNT NUMBER 307-25-067-8525-00-20-000 WHEREAS, the City Council has made"quality of life"for citizens a priority; and, WHEREAS, pursuant to Resolution No. 23-462, the City Council adopted a Parks and Recreation Master Plan to promote and improve the quality of life for the citizens of Port Arthur, Texas; and, WHEREAS, the City of Port Arthur Parks and Recreation Master Plan is designed to provide guidance for both short and long term planning for the Parks and Recreation Department; and, WHEREAS, in accordance with the plan, the Parks and Recreation Department has begun to address the park systems that have features and amenities of varied conditions that need to be addressed; and, WHEREAS, Roosevelt Park, London Bridge Park and Babe Zaharias Park are in poor condition; 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 02-341, the City of Port Arthur entered into an interlocal agreement for cooperative purchasing with Texas Buyboard; and, P. R. # 24148 01/29/2025 ca WHEREAS, Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas is part of the Buyboard Cooperative Purchasing Program under Contract No. 679-22 and submitted quotes for park improvements at Roosevelt Park in the amount of$193,913.07 (attached hereto as Exhibit "A"), London Bridge Park in the amount of$205,823.80 (attached hereto as Exhibit "B") and Babe Zaharias Park in the amount of$99,915.31 (attached hereto as Exhibit "C") for a total amount of$499,652.18; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: 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 enter into a contract with Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas through Buyboard Contract No. 679-22, for park improvements at Roosevelt Park in the amount of $193,913.07 (attached hereto as Exhibit"A"), London Bridge Park in the amount of$205,823.80 (attached hereto as Exhibit `B") and Babe Zaharias Park in the amount of$99,915.31 (attached hereto as Exhibit"C") for a total amount of$499,652.18. 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., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: (Mayor) Councilmembers: P. R. #24148 01/29/2025 ca NOES: Thurman"Bill"Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVE S AS TO ADMINISTRATION: ley Ron Burton, CP I'y City Manage Chandra Alpough, CPM a0(11L-- Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: e61) 6DaecLe e40 Lynda oswell Director of Finance P. R. #24148 01/29/2025 ca 1 ipdit4 Clifton illiams, CPPB Purchasing Manager Exhibit "A" toN B u4Q K rafts m a n QUOTE#Q83158 /r. COMMERCIAL PLAYGROUNDS& Date:01/02/2025 'CRAFTSMAN WATER PARKS Project:32336 19535 Haude Road Created By:Ryan Slott r,,✓ ova Spring,TX 77388 Quote Name:Playground vF >sMANpt.0• Phone: (281)353-9599 Fax:(281)353-2265 Page 1 of 7 BILL TO SHIP TO Port Arthur,City of t.. 409-983-8152 Port Arthur,City of 409-983-8152 Ms. Chandra Alpough, MA, CPRP Ms. Chandra Alpough, MA, CPRP 409-549-4077 Port Arthur-Roosevelt Port Arthur-Roosevelt PO Box 1089 1848 Gulfway Dr. ap@portarthurtx.gov Port Arthur, TX 77640 Port Arthur, TX 77641 Terms: Net 30 days QTY Code Description Size Color Drawing:KPS-32336 Sheet:K.2 Date: 12.17.2024 DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#679-22 Playground 1 PS3-71067 Steel playground for ages 2 to 12 with integrated shade by Superior Playgrounds 1 TFR17548XX Tea Cup Spinner by Superior Playgrounds 1 RC-8150SR Ascend Mosura for ages 5 to 12,8 ft fall height,by Superior Playgrounds 3 APS- Slide Wear Mat,40"x40"x1.5",by Action Play Systems 40"x40" SWING/SLIDE x1.5" MAT 1 APS-WEARMAT Round Wear Mat,6 ft diameter,2"thickness,2 piece,beveled edge,interlocking 6' -6' seams,6"center opening with removable plug,by Action Play Systems diameter Surfacing(Engineered Wood Fiber) 176 EWF Engineered Wood Fiber for playgrounds cu.yd. Natural 65 APS-BORDER12 12"x4'Playground Border with Spike by Action Play Systems 12" Black 2 APS- ADA Half Ramp System for use with 8"or 12"borders by Action Play Systems Black ADAHALFRAMP 2 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' Swings 1 TFR3502XX Arched Swings,2 bay,3.5"posts,swing seats and chains sold separately,by Superior Playgrounds 1 90015108XX Belt swing seats,molded belt seats with galvanized triangle hardware and high carbon 8'beam Black steel spring inserts. Includes galvanized chain and hardware for 8 ft swing frame(sold as a set of two),by Superior Playgrounds 1 90015130XX Two Full Bucket Swing Seats with high backs and full stainless steel inserts. Includes Black 54 galvanized chain and hardware 2 APS-SWINGMAT Swing Wear Mat,3'x5'x2",by Action Play Systems 3'x5'x2" Site Amenities 1 T46WEB Web 46"Square Table with extended table top and 3 attached seats,Surface Mount 46"x 57" -3SMADA 1 T46WEBPSM Web Square 46"Table with 4 attached seats, Surface Mount 46" 1 B6WBRCSM Regal 6 ft Bench with Back,Surface Mount 6' Shade and Slab 576 CONCSRB Concrete Pad,5"thick concrete pad with,rebar reinforced,broom finish,minimum 500 sq.ft. Initials 0314 BU/tO � � Kraftsman QUOTE#Q83158 1r` COMMERCIAL PLAYGROUNDS& Date:01/02/2025 !CRAFTSMAN WATER PARKS Project:32336 _ 19535 Haude Road Created B Ran Slott .,� � S ring TX 77388 y y q ` o p 9' Quote Name:Playground 9`>s41ANP1-0 Phone: (281)353-9599 Fax:(281)353-2265 Page 2 of 7 1 CU202010SG Square Cantilever Umbrella,20'x20, 10'Eave Height with Glide Elbows,one 10.5' 20x20x10 column mounted on base plates 6"below surfacing,by Superior Shade 1 PIERS36X096 Concrete piers pavilion&canopy columns,with anchor bolts set,and with steel rebar 36"x96" reinforcement,By:Kraftsman Sidewalk 373 CONC5RB Concrete Pad,5"thick concrete pad with,rebar reinforced,broom finish,minimum 500 sq.ft. Total: $193,913.07 Initials B UitoF Kraftsman QUOTE#Q83158 ~� ^ COMMERCIAL PLAYGROUNDS& Date:01/02/2025 KRAFTSMAN WATER PARKS Project:32336 19535 Haude Road Created By:Ryan Slott t RyF✓ 44' Spring,rin 'TX 77388 co Quote Name:Playground 'sMallo.P'1. Phone: (281)353-9599 Fax: (281)353-2265 Page 3 of 7 Special Terms and Conditions 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. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. 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. 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.❑ Sub Surface Conditions: The owner shall absorb all costs incurred from unknown conditions such as rock removal, poor digging conditions or pour soil bearing capacity, less than 3000 PSF or a water table higher than 10 ft below finished grade. If material is so large or so large or cumbersome that it cannot be removed with a mini excavator, then that part of excavation that requires other methods of removal or remediation such as, but not limited to, shoring, pneumatic jack hammer, backhoe, hydraulic rock breaker, or dynamite, will be billed on a time and material basis. Storage Fees: Please review lead times for production and shipping, If for whatever reason customer or customer's 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 K rafts m an QUOTE#Q83158 ~� �4. COMMERCIAL PLAYGROUNDS& Date:01/02/2025 lode !CRAFTSMAN WATER PARKS Project:32336 19535 Haude Road Created By:Ryan Slott r ✓ �''a Spring TX 77388 °r c P g' Quote Name:Playground >sMANiA.O• Phone: (281)353-9599 Fax: (281)353-2265 Page 4 of 7 Concealed Conditions: If Contractor should encounter concealed conditions that were not reasonably anticipated by Contractor at the time of execution of this Construction Agreement, Contractor shall bring the existence and nature of such concealed conditions to the attention of Owner. If such concealed conditions prevent, preclude, or obstruct performance by Contractor of the work herein prescribed, or burden the scope of work as herein defined by requiring additional work by Contractor to address, correct, and/or rectify such concealed defects, then the scope of work and contract price as herein above defined shall be adjusted in accordance with account for all courses of action necessary to address, correct, and/or rectify such concealed conditions. Extra Work& Deviations from Original Contract Work: Should Owner, construction lender if any, or any public or governmental agency or inspector direct any deletion from, modification of, or addition to the work as herein above specified, the costs of such deletion(s), modification(s), or addition (s) shall be added to or deducted from the contract price, as herein above defined, as the circumstances dictate. Any and all deletions from, modifications of, or additions to the scope of work prescribed by this Construction Agreement together with the adjustment to contract price shall be made or otherwise memorialized in a writing signed by Owner and Contractor prior to any obligation in kind or character on the part of the Contractor to recognize, honor, or adhere to such changes. 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. • Excavation and Drainage of area for fall surfacing. Removal of existing fall surface materials. • Removal of existing equipment to be done by (City) • 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. • Anything not specifically listed in line items of proposal. 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. Initials JN 8 UitO K rafts m an QUOTE#Q83158 COMMERCIAL PLAYGROUNDS& Date:01/02/2025 KRAFISMAN WATER PARKS Project:32336 19535 Haude Road Created By:Ryan Slott ÷,p4✓ ` o� Spring,TX 77388 Quote Name:Playground TsmANp‘.0. Phone: (281)353-9599 Fax:(281)353-2265 Page 5 of 7 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 9-12 weeks for steel playgrounds, 11-14 weeks for standard rope climbers, 11-16 weeks for custom rope climbers Superior Site Amenities- lead time for items to ship is 4-6 weeks for standard items Shade Canopies-lead time to ship is 6-8 weeks for standard shade canopies Installation of Canopies: Installation of canopies if quoted includes: A. Receiving and unloading of equipment B. If piers are listed separately in line items of proposal 1. Haul off of soil and concrete spoils from project site 2. Or distribution and leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas on the facility. 3. Rebar reinforcement for piers 4. Concrete for piers 5.Anchor bolts for connection of frame to piers if required C.Assembly of all frame work D. Installation of fabric and cable system E. All labor,tools, man lifts, ladders, cranes, and other equipment as necessary for installation. Initials o)" Buit Kraftsman QUOTE#Q83158 s COMMERCIAL PLAYGROUNDS& Date:01/02/2025 KRAFTSMAN WATER PARKS Project:32336 19535 Haude Road Created By:Ran Slott ��� Spring,TX 77388 y RQo L �o P Quote Name:Playground TSMAN0.0. Phone: (281)353-9599 Fax:(281)353-2265 Page 6 of 7 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. 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. Project Completion Canopies: 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 If sail shades are being quoted an additional 6-8 weeks will be needed to receive the sail fabrics after installation of the columns are completed required for the manufacturing of the sails. Building Permits: • Building permits are not included or provided. • Engineer stamped plans are not included. Initials K rafts m a n QUOTE#Q83158 COMMERCIAL PLAYGROUNDS& Date:01/02/2025 KRAFTSMAN WATER PARKS Project:32336 .. 19535 Haude Road Created By:Ryan Slott C4 ` a Spring,TX 77388 aF Quote Name:Playground sM,,NO-°. Phone: (281)353-9599 Fax:(281)353-2265 Page 7 of 7 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%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 2, 2025 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! - - . . ..-;.I-J.,1 :.:4;st,.,...,.., .,,,, ..,:,.., _... .-,,,',,,,..,..• .. ..1,,,,,,,,,,:-..-44-."-:„.. -;.- , .. 1. . 1— ,,,,,,,1 ., .v,'-'-';-,•: i.g.'.e.,kv„':- . . . • -ht,,,....`,7 '''1 , . ,-,_•,,-, .'.,..,:: •---. ---. , VVV ,fz,,,°i,,-,„,,,,,,,,:,,,,..-, ,- ..'. ,. . - ,....' ,. _.....__ _,....... .•%. -.: . . r 2' . -. • . ' .., — .. ,. ,...,- ' '....',' , - ..".,„. .-,..i. . , • -.'..T,-.1.----,,-:!..;. -_-,..--.- • . - . . ' - .. ., , . . .,... ,„. - • - ....•... of .. l .„ ._. i , _'-.V. . ....... .,„•..---,,- • ., ..', l'----.'--7 • ,'N,-. ,_, r '/. ' ' ' ' ',.„;',.:':;,. -,-.'-• '':,':::-.1' . •.• ,,, ,.. 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J z 1 1 x ) �2~ § « ) § /7 § : 2# / ; 2 3§ 2/ $ w ƒ § 2 $2f co)2<\/ G $\7 o7f/ §1 ° C / ee 7 ° e® /2 % 2= 6 ) \ ..... / ) G.2$ 53 ! » | § (/ 3 aE | CI °/T ƒ3 ■ M 1/) § 2a \ N ) - / § 0 \ j ` 2 >- Z ) ) Mn k R - ! c) \\ e - 3 c ` \f}co . 6E £ § )t 22e7 m e oc K n -a k , ±_) / \ /kt § ��0 - 1 %/) k EI ¥ 2 e ` m g /\/ \ [ w g ■ § m (1.) {$ § s]7 § 1- o J f x $ ¢® S n \ ( � CG 0< tee ` z Ot u_ r § B / , � , a § 2 22 a : $ § a- ) ) \ § ) 0 0 2 p\ tAy. / �\ \ = i\� + « � ,(i ix J ! le Exhibit "B" uN 8intO ��� -, ,�� K rafts m a n QUOTE#Q83150 ` COMMERCIAL PLAYGROUNDS& Date:12/20/2024 KRAFrSMAN WATER PARKS Project:32335 19535 Haude Road Created By:Ryan Slott � *1 Spring,4'. S rin TX 77388 Quote Name:Play/Ascend Helix 9`TSMANp0:( Phone: (281)353-9599 Fax: (281)353-2265 Page 1 of 7 BILL TO SHIP TO Port Arthur,City of t. 409-983-8152 Port Arthur,City of 409-983-8152 Ms. Chandra Alpough, MA, CPRP Ms. Chandra Alpough, MA, CPRP ® 409-549-4077 Port Arthur-London Bridge Port Arthur-London Bridge PO Box 1089 3700 Normandy Avenue ap@portarthurtx.gov Port Arthur, TX 77642 Port Arthur, TX 77641 Terms: Net 30 days QTY Code Description Size Color DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#679-22 Drawing:KPS-32335 Sheet:K.2 Date:12.4.2024 Playground 1 PS3-33461-2 Steel Play unit for ages 2 to 12 by Superior Playgrounds 1 RC-TS001SR-KP Ascend Demi Helix by Superior Playgrounds 1 90018204XX Two-Seat Retro Rocker by Superior Playgrounds 6.5'x1.5' 3 APS- Slide Wear Mat,40"x40"x1.5",by Action Play Systems 40"x40" SWING/SLIDE x1.5" MAT 2 APS-SWINGMAT Swing Wear Mat,3'x5'x2",by Action Play Systems 3'x5'x2" Surfacing(Engineered Wood Fiber) 234 EWF Engineered Wood Fiber for playgrounds cu.yd. Natural 67 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 3 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' Swings 1 TFR3503XX Arched Swings,3 bays,3.5"posts,swing seats and chains sold separately,by Superior Playgrounds 2 90015108XX Belt swing seats,molded belt seats with galvanized triangle hardware and high carbon 8'beam Black steel spring inserts.Includes galvanized chain and hardware for 8 ft swing frame(sold as a set of two),by Superior Playgrounds 1 90015130XX Two Full Bucket Swing Seats with high backs and full stainless steel inserts.Includes Black 54 galvanized chain and hardware 4 APS-SWINGMAT Swing Wear Mat,3'x5'x2",by Action Play Systems 3'x5'x2" Site Amenities 1 T46WEB Web 46"Square Table with extended table top and 3 attached seats,Surface Mount 46"x 57" -3SMADA 1 T46WEBPSM Web Square 46"Table with 4 attached seats, Surface Mount 46" 2 B6WBRCSM Regal 6 ft Bench with Back,Surface Mount 6' Shade and Slab 576 CONCSRB Concrete Pad,5"thick concrete pad with,rebar reinforced,broom finish,minimum 500 sq.ft. 1 CU202010SG Square Cantilever Umbrella,20'x20, 10'Eave Height with Glide Elbows,one 10.5' 20x20x10 column mounted on base plates 6"below surfacing,by Superior Shade Initials FVN B sk, Kraftsman QUOTE#Q83150 ~r` 4. COMMERCIAL PLAYGROUNDS& Date:12/20/2024 KRAFTSMAN WATER PARKS Project:32335 .. 19535 Haude Road Created By:Ryan Slott •41 f� ` " Spring,TX 77388 Q`"smANPt.o,+. Phone: (281)353-9599 Fax:(281)353-2265 Quote Name:Play/Ascend Helix Page 2 of 7 1 PIERS36X096 Concrete piers pavilion&canopy columns,with anchor bolts set,and with steel rebar 36"x96" reinforcement,By:Kraftsman Sidewalk/Bench Pads 831 CONC5RB Concrete Pad,5"thick concrete pad with,rebar reinforced,broom finish,minimum 500 sq.ft. ***Removal of existing equipment and site amenities by(City)*** Total: $205,823.80 Initials Kraftsman QUOTE#Q83150 ^�`' COMMERCIAL PLAYGROUNDS& Date:12/20/2024 KRAFISMAN WATER PARKS Project:32335 19535 Haude Road Created By:Ryan Slott '%'" oa Spring,TX 77388 aF ` Quote Name:Play/Ascend Helix >s 1ANP1-P+ Phone: (281)353-9599 Fax: (281)353-2265 Page 3 of 7 Special Terms and Conditions 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. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. 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. 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.- Sub Surface Conditions: The owner shall absorb all costs incurred from unknown conditions such as rock removal, poor digging conditions or pour soil bearing capacity, less than 3000 PSF or a water table higher than 10 ft below finished grade. If material is so large or so large or cumbersome that it cannot be removed with a mini excavator, then that part of excavation that requires other methods of removal or remediation such as, but not limited to, shoring, pneumatic jack hammer, backhoe, hydraulic rock breaker, or dynamite, will be billed on a time and material basis. Storage Fees: Please review lead times for production and shipping, If for whatever reason customer or customer's 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 1�tJ1 B w`OF Kraftsman QUOTE#Q83150 �4' COMMERCIAL PLAYGROUNDS& Date:12/20/2024 KRAFTSMAN WATER PARKS Project:32335 .. 19535 Haude Road Created By:Ryan Slott ✓ ` Spring,TX 77388 1"TSMANP�P+`o� Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Play/Ascend Helix Page 4 of 7 Concealed Conditions: If Contractor should encounter concealed conditions that were not reasonably anticipated by Contractor at the time of execution of this Construction Agreement, Contractor shall bring the existence and nature of such concealed conditions to the attention of Owner. If such concealed conditions prevent, preclude, or obstruct performance by Contractor of the work herein prescribed, or burden the scope of work as herein defined by requiring additional work by Contractor to address, correct, and/or rectify such concealed defects, then the scope of work and contract price as herein above defined shall be adjusted in accordance with account for all courses of action necessary to address, correct, and/or rectify such concealed conditions. Extra Work& Deviations from Original Contract Work: Should Owner, construction lender if any, or any public or governmental agency or inspector direct any deletion from, modification of, or addition to the work as herein above specified, the costs of such deletion(s), modification(s), or addition (s) shall be added to or deducted from the contract price, as herein above defined, as the circumstances dictate. Any and all deletions from, modifications of, or additions to the scope of work prescribed by this Construction Agreement together with the adjustment to contract price shall be made or otherwise memorialized in a writing signed by Owner and Contractor prior to any obligation in kind or character on the part of the Contractor to recognize, honor, or adhere to such changes. 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. Excavation and Drainage of area for fall surfacing. Removal of existing fall surface materials. • 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. • Anything not specifically listed in line items of proposal. Removal of existing equipment and site amenities by (City) 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. Initials 0314 B Uit„, K rafts m a n QUOTE#Q83150 �'` COMMERCIAL PLAYGROUNDS& Date:12/2012024 KRAFTSMAN WATER PARKS Project:32335 19535 Haude Road Created B Ryan Slott ��✓ � o'4" Spring,TX 77388 Quote Name:Play/Ascend Helix TSMANvta't• Phone: (281)353-9599 Fax:(281)353-2265 Page 5 of 7 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 9-12 weeks for steel playgrounds, 10-13 weeks recycled plastic playgrounds, 11-14 weeks for standard rope climbers Superior Site Amenities- lead time for items to ship is 4-6 weeks for standard items Shade Canopies- lead time to ship is 6-8 weeks for standard shade canopies Installation of Canopies: Installation of canopies if quoted includes: A. Receiving and unloading of equipment B. If piers are listed separately in line items of proposal 1. Haul off of soil and concrete spoils from project site 2. Or distribution and leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas on the facility. 3. Rebar reinforcement for piers 4. Concrete for piers 5.Anchor bolts for connection of frame to piers if required C.Assembly of all frame work D. Installation of fabric and cable system E. All labor, tools, man lifts, ladders, cranes, and other equipment as necessary for installation. 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 K rafts m a n QUOTE#Q83150 04',4. COMMERCIAL PLAYGROUNDS& Date:12/20/2024 KRAFTSMAN WATER PARKS Project:32335 19535 Haude Road Created By:Ryan Slott tQ.i ` o� Spring,TX 77388 qF Quote Name:Play/Ascend Helix >sMAnipt. . Phone: (281)353-9599 Fax:(281)353-2265 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. Project Completion Canopies: 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 • If sail shades are being quoted an additional 6-8 weeks will be needed to receive the sail fabrics after installation of the columns are completed required for the manufacturing of the sails. Building Permits: • Building permits are not included or provided. Engineer stamped plans are not included. Initials �uN BU/z� Kraftsman QUOTE#Q83150 COMMERCIAL PLAYGROUNDS& Date:12/20/2024 KRAFTSMAN WATER PARKS Project:32335 ••^ 19535 Haude Road Created By:Ryan Slott �a Spring,TX 77388 sF Quote Name:Play/Ascend Helix rsMANPL0 Phone:(281)353-9599 Fax:(281)353-2265 Page 7 of 7 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%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 December 20, 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! s ' te ''vb'( r 1� j R O x® 0 r 1 �' �j� \ ma c. v Cr • SD s'- b € y 1 , :: '7.7—- , '::,7,, :„.-..-;.,...-,•,,‘",,,,,,,,..,4' t,,r,i-,...7I-.4-;M, .''' '-'-''''71..::::: - ' ' ' III t.' , ka. - • x _ a tS' ?£3- a ii _ , N `t c 0 a m • A = v `fir" 0 D I C 3 is`= Dc. . 4J D yJ yi. 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COMMERCIAL PLAYGROUNDS& Date:01/23/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott r,P.i ` oa Spring,TX 77388 QF Quote Name:Option 2 T414NPO"( Phone: (281)353-9599 Fax:(281)353-2265 Page 1 of 8 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 0 409-549-4077 Port Arthur-Babe Zaharias Port Arthur-Babe Zaharias PO Box 1089 3500 Jimmy Johnson ap©portarthurtx.gov Port Arthur, TX 77642 Port Arthur, TX 77641 Terms: Net 30 days QTY Code Description Size Color Drawing: KPS-32329-2 Sheet: K.2 Date:12.6.2024 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract#679-22 2-Bay Arched Swings 1 TFR3502XX Arched Swings,2 bay,3.5"posts,swing seats and chains sold separately,by Superior Playgrounds 1 90015108XX Belt swing seats,molded belt seats with galvanized triangle hardware and high carbon 8'beam red,yellow,green,blue, steel spring inserts.Includes galvanized chain and hardware for 8 ft swing frame(sold black or tan as a set of two),by Superior Playgrounds 1 TFRO667XX See Me Swing with single full bucket swing seat,both for ages 24-47 months,for one bay,by Superior Playgrounds Surfacing 33 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 3 APS-SWINGMAT Swing Wear Mat,3'x5'x2",by Action Play Systems 3'x5'x2" 1 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' 64 EWF Engineered Wood Fiber for playgrounds -Calculated with 30%additional materials cu.yd. Natural above what is required to allow for natural settling and compacting Cantilever Shade/Tables (Over Existing Slab) 1 CU20201OSG Square Cantilever Umbrella,20'x20, 10'Eave Height with Glide Elbows,one 10.5' 20x20x10 column mounted on base plates 6"below surfacing,by Superior Shade 1 PIERS36X096 Concrete piers pavilion&canopy columns,with anchor bolts set,and with steel rebar 36"x96" reinforcement,By:Kraftsman 2 T46WEBPSM Web Square 46"Table with 4 attached seats,Portable or Surface Mount 46" Pickleball Equipment,Striping and Construction 6 PKLBIGB Outdoor Pickleball System,3"round tubular steel black powdered coated posts with regulation 21'9"mesh net and ground sleeves for post removal during off season, inground mount. 12 PIER CUTS Concrete cutting for piers,through existing 4"concrete slab. Includes capping/repairing removed cut out section of concrete,By:Kraftsman 12 FOUND-GUST Custom Concrete Foundation 1 STRIPING (6)Pickleball Courts Striping of lines only(one color) Initials �uN B U/�� �z^ � t. Kraftsman QUOTE#Q83447 COMMERCIAL PLAYGROUNDS& Date:01/23/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott r�✓�` o� Spring,TX 77388 QFTSMANp�p4 Quote Name:Option 2 Phone: (281)353-9599 Fax:(281)353-2265 Page 2 of 8 1 REMOVE Removal,haul off,and proper disposal of existing equipment. By:Kraftsman -(2)Sets of Nets and Posts Removed Benches(Surface Mounted) 6 B8WBRCSM Regal 8 ft Bench with Back,Surface Mount 8' Total: $99,915.31 Initials out BUp.° K rafts m a n QUOTE#Q83447 �� -vs COMMERCIAL PLAYGROUNDS& Date:01/23/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott r4✓ ` `o4' Spring,TX 77388 Quote Name:Option 2 9`TSMANF.0.+ Phone: (281)353-9599 Fax:(281)353-2265 Page 3 of 8 Special Terms and Conditions 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. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Non Exempt(Taxable): Price quoted includes all applicable sales tax for materials and services to be provided on 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. 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.❑ Sub Surface Conditions: The owner shall absorb all costs incurred from unknown conditions such as rock removal, poor digging conditions or pour soil bearing capacity, less than 3000 PSF or a water table higher than 10 ft below finished grade. If material is so large or so large or cumbersome that it cannot be removed with a mini excavator, then that part of excavation that requires other methods of removal or remediation such as, but not limited to, shoring, pneumatic jack hammer, backhoe, hydraulic rock breaker, or dynamite, will be billed on a time and material basis. Initials io" B uitoKraftsman QUOTE#Q83447 -s COMMERCIAL PLAYGROUNDS& Date:01/23/2025 !CRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott r�✓ ` '4' Spring,TX 77388 Quote Name:Option 2 SMANo.l, • Phone: (281)353-9599 Fax:(281)353-2265 Page 4 of 8 Storage Fees: Please review lead times for production and shipping, If for whatever reason customer or customer's 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. Concealed Conditions: If Contractor should encounter concealed conditions that were not reasonably anticipated by Contractor at the time of execution of this Construction Agreement, Contractor shall bring the existence and nature of such concealed conditions to the attention of Owner. If such concealed conditions prevent, preclude, or obstruct performance by Contractor of the work herein prescribed, or burden the scope of work as herein defined by requiring additional work by Contractor to address, correct, and/or rectify such concealed defects, then the scope of work and contract price as herein above defined shall be adjusted in accordance with account for all courses of action necessary to address, correct, and/or rectify such concealed conditions. Extra Work& Deviations from Original Contract Work: Should Owner, construction lender if any, or any public or governmental agency or inspector direct any deletion from, modification of, or addition to the work as herein above specified, the costs of such deletion(s), modification(s), or addition (s) shall be added to or deducted from the contract price, as herein above defined, as the circumstances dictate. Any and all deletions from, modifications of, or additions to the scope of work prescribed by this Construction Agreement together with the adjustment to contract price shall be made or otherwise memorialized in a writing signed by Owner and Contractor prior to any obligation in kind or character on the part of the Contractor to recognize, honor, or adhere to such changes. 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 swings. 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. • Anything not specifically listed in line items of proposal. 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 031.4 BU�� � Kraftsman QUOTE#Q83447 COMMERCIAL PLAYGROUNDS& Date:01123/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott 1-44✓ ?4' Spring,TX 77388 TSMANPLO Phone:(281)353-9599 Fax:(281)353-2265 Quote Name:Option 2 Page 5 of 8 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 and Pickleball Equipment: 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 9-12 weeks for steel playgrounds Superior Site Amenities- lead time for items to ship is 4-6 weeks for standard items Gared Equipment-lead time for items to ship is 6-8 weeks for standard items Shade Canopies- lead time to ship is 6-8 weeks for standard shade canopies Initials 0J0 B UizA Kraftsman QUOTE#Q83447 s COMMERCIAL PLAYGROUNDS& Date:01/2312025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott !�� �^�o Spring,S TX 77388 g' Quote Name:Option 2 QFT3'M,,NP0'.4 Phone: (281)353-9599 Fax:(281)353-2265 Page 6 of 8 Installation of Canopies: Installation of canopies if quoted includes: A. Receiving and unloading of equipment B. If piers are listed separately in line items of proposal 1. Haul off of soil and concrete spoils from project site 2. Or distribution and leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas on the facility. 3. Rebar reinforcement for piers 4. Concrete for piers 5.Anchor bolts for connection of frame to piers if required C. Assembly of all frame work D. Installation of fabric and cable system E. All labor,tools, man lifts, ladders, cranes, and other equipment as necessary for installation. 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. 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. Project Completion Canopies: 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 • If sail shades are being quoted an additional 6-8 weeks will be needed to receive the sail fabrics after installation of the columns are completed required for the manufacturing of the sails. Building Permits: • Building permits are not included or provided. • Engineer stamped plans are not included. Initials 4-my;J$ BU,I° FFK rafts m a nQUOTE#Q83447 �� COMMERCIAL PLAYGROUNDS& Date:01/23/2025 KRAFTSMAN WATER PARKS Project:32329 NV-- 19535 Haude Road Created By:Ryan Slott ÷ce ` `o.� Spring,TX 77388 Q`rsmAmp os. Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Option 2 Page 7 of 8 Initials 03" B Kraftsman QUOTE#Q83447 COMMERCIAL PLAYGROUNDS& Date:01/23/2025 !CRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott r ✓ �4- Spring,TX 77388 q ` co P 9 Quote Name:Option 2 9`>sMaNP�1.+ Phone: (281)353-9599 Fax: (281)353-2265 Page 8of8 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%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 23,2025 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! Qzii cc; ai o a mN. N �� a)7asN m i id (1) j4 gi it- ari ri 7 ii E! *' os a r N 4) as<nY ru >a u N D. 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