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HomeMy WebLinkAboutPR 24266: CHANGE ORDER NO. 1 CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS & WATER PARKS FOR PARK IMPRVEMENTS www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 8, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Chandra Alpough, CPM, CPRP, Director of Parks and Recreation WA-, RE: P.R. 24266—Change Order No.1 to the Contract with Kraftsman 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. 24266 authorizing the City Manager to execute Change Order No. 1, to the contract with Kraftsman Commercial Playgrounds&Water Parks of Spring,Texas for park improvements to Roosevelt Park, London Bridge Park and Babe Zaharias Park through Buyboard Cooperative Purchasing Contract No. 679-22 to add sports court surfacing, striping and inground mounting of the nets and posts at Babe Zaharias Park increasing the contract amount by$45,743.39 to a new contract amount of$545,395.57. 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. 25-066, the City Council entered into a contract with Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas for park improvements to Roosevelt Park, London Bridge, and Babe Zaharias Park. Six pickleball courts will be built at Babe Zaharias Park. To ensure a durable, safe, and visually appealing experience, a sports court surface is designed for longevity and provides the ability to play in all weather conditions. By installing sports court surfacing,the community will enjoy an enhanced playing experience, which can help foster the growth of pickleball in Port Arthur. Additionally, it will reduce the need for expensive repairs in the future. "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 Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas submitted a change order that will add the sports court surfacing, striping and provide inground mounting of the nets and posts at Babe Zaharias Park. Budget Impact: Funding in the amount $545,395.57 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. 24266 authorizing the City Manager to execute Change Order No. 1, to the contract with Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas for park improvements to Roosevelt Park, London Bridge Park and Babe Zaharias Park through Buyboard Cooperative Purchasing Contract No.679-22 to add sports court surfacing, striping and inground mounting of the nets and posts at Babe Zaharias Park increasing the contract amount by $45,743.39 to a new contract amount of$545,395.57. "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. # 24266 04/08/2025 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1, TO THE CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS & WATER PARKS OF SPRING, TEXAS FOR PARK IMPROVEMENTS TO ROOSEVELT PARK, LONDON BRIDGE PARK, AND BABE ZAHARIAS PARK TO ADD SPORTS COURT SURFACING, STRIPING AND INGROUND MOUNTING OF THE NETS AND POSTS AT BABE ZAHARIAS COURT, THROUGH BUYBOARD COOPERTIVE PURCHASING CONTRACT NUMBER 679-22, INCREASING THE CONTRACT AMOUNT BY $45,743.39 TO A NEW CONTRACT AMOUNT OF $545,395.57. 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. 25-066, the City Council entered into a contract with Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas for park improvements to Roosevelt Park, London Bridge, and Babe Zaharias Park; and, WHEREAS, in order to allow for a more durable, safe and aesthetically pleasing pickleball court,the court needs to have sports court surfacing; and, WHEREAS, Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas, submitted Change Order No. 1 through Buyboard Cooperative Purchasing Contract Number 679- 22, to add sports court surfacing to the pickleball courts, striping and inground mounting of the nets and posts at Babe Zaharias Park increasing the contract amount by $45,743.39 for new contract amount of$545,395.57; 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 Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City of Port Arthur, Change Order No. 1 to add sports court surfacing to the pickleball courts, striping and inground mounting of the nets and posts at Babe P. R. #24266 04/08/2025 ca Zaharias Park increasing the contract amount by $45,743.39 attached hereto as Exhibit "A" for a new contract amount of$545,395.57. 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: NOES: Thurman"Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney P. R. #24266 04/08/2025 ca APPROVED AS TO ADMINISTRATION: Ron Burton, CPM City Manager Chandra Alpough, CPM Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: n?LT61,--.)-(tr e Lyn Boswell Director of Finance 64.63,444::: Clifton Williams, CPPB Purchasing Manager Exhibit "A" CHANGE ORDER NO. 1 ORIGINAL AGREEMENT DATE: February 11, 2025 PROJECT DESCRIPTION: CPark Improvements to Roosevelt Park, London Bridge Park and Babe Zaharias Park CHANGE IN SCOPE: Add Sports Court Surfacing Striping Inground Mounting of Nets and Posts CHANGE TO CONTRACT AMOUNT: Radd Sports Court Surfacing, Striping and Inground Mounting of Nets and Posts $45,743.39 ORIGINAL CONTRACT PRICE: $499,652.18 CURRENT CONTRACT PRICE(adjusted by previous CHANGE ORDER): $499,652.18 The Contract Amount due to this CHANGE ORDER will increase by: $45,743.39 Total Percent of Change Order: 9.16% The new CONTRACT AMOUNT including the CHANGE ORDER will be: $545,395.57 ORIGINAL CONTRACT DAYS: NA NEW CONTRACT DAYS: NA SIGNED AND AGREED TO on the_day of , 2025. KRAFTSMAN COMMERCIAL PLAYGROUNDS & WATER PARKS Print Name: Title: SIGNED AND AGREED TO on the_day of , 2025. CITY OF PORT ARTHUR BY: RON BURTON CITY MANAGER Kraftsman QUOTE#Q84156 COMMERCIAL PLAYGROUNDS& Date:03/31/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott 4✓ .colt Spring,TX 77388 Quote Name:Change Order °`Ts4,ANc t Phone:(281)353-9599 Fax:(281)353-2265 Page 1 of 6 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 Unit Price Ext. Price DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#679-22 View:Surfacing Plan Date:3.5.2025 Items to Remove from 083447 -1 STRIPING $7,000.00 -$7,000.00 Additions 20443 KRAFTKOURT KraftKoat Play Deck coating,Sport court surfacing $1.81 $37,001.83 3 GSTNPERDB Tennis posts,3"tubular steel,powdercoated Black $520.00 $1,560.00 3 GSTNGSERD Heavy duty PVC ground sleeves for 3"round tennis posts,by $173.00 $519.00 Gared 3 GSTNETAUS 42'Tennis Net made from braided 3 mm polyethylene with thick $274.00 $822.00 vinyl-coated headband,by Gared 6 PIER CUTS Concrete cutting for piers,through existing 4"concrete slab. $800.00 $4,800.00 Includes capping/repairing removed cut out section of concrete, By:Kraftsman 6 FOUND-CUST Custom Concrete Foundation $1,335.75 $8,014.50 Item Subtotal: $45,717.33 Shipping & Handling: $861.43 Discount: -$2,285.87 Equipment Subtotal: $44,292.89 Tax: $0.00 Install: $1,450.50 Total: $45,743.39 Special Terms and Conditions 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 %)" B K rafts m a n QUOTE#Q84156 COMMERCIAL PLAYGROUNDS& Date:03/31/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott r�. ` �4' Spring,TX 77388 Quote Name:Change Order 4TSMANv0P'`. Phone: (281)353-9599 Fax:(281)353-2265 Page 2 of 6 Installation of Surfacing and Tennis Divider Posts/Nets: Installation quoted includes: A. Receiving and unloading of equipment B. Excavation of required footings C.Assembly of tennis nets/post D. Concrete for footings E. Surfacing of 6 Pickleball Courts and Striping 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. Initials iota '1 s t)/`OF K rafts m a n QUOTE#Q84156 4. COMMERCIAL PLAYGROUNDS& Date:03/31/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott +q✓ ` ?, Spring,TX 77388 Quote Name:Change Order 9`>sM,,Npt.0 Phone: (281)353-9599 Fax:(281)353-2265 Page 3 of 6 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. Waterslides- lead time for waterslide to ship is 8-10 weeks Greenfields Outdoor Fitness- lead time for items to ship is 6-8 weeks Kay Park- lead time for items to ship is 6-8 weeks. Superior Playground - lead time for items to ship is 5-8 business days for Quick Ship playgrounds, 2-3 weeks for musical play equipment, 9-12 weeks for steel playgrounds, 10-13 weeks recycled plastic playgrounds, 11-14 weeks for standard rope climbers, 11-16 weeks for custom rope climbers, 12-18 weeks for natural element, 6-8 weeks for Action Fit products Superior Themed Playgrounds and FX Tower playgrounds- lead time for items to ship is 10-13 weeks for previously engineered/manufactured units and 13-16 weeks for units that require engineering Superior Site Amenities- lead time for items to ship is 5-7 days for UltraLeisure items,4-6 weeks for standard items, 6-8 weeks for steel Uptown and custom products, 10-12 weeks for Uptown Recycled products, 10-12 weeks for dog park play equipment, 2-4 weeks for Recycled products. Shade Canopies- lead time to ship is 6-8 weeks for standard shade canopies, 9-10 weeks for custom shade canopies, 10-14 weeks for highly custom shade canopies, 7-8 weeks for replacement shade fabric Shade Sealed Drawings- lead time is 4-6 weeks for engineer sealed drawings Shade Sails -the lead time for the shade columns to ship is 9-10 weeks, and 5-7 weeks to manufacture sail fabrics once posts are installed and measurements sent to the factory. Shelters-the lead time for engineering/drafting is 6-8 weeks, lead time for fabrication is 14-16 weeks upon drawing approval Themed Concepts- lead time for items to ship is 16 weeks. YALP Interactive Play-lead time for items to ship is 16-18 weeks. YALP Lappset Wooden Play-lead time for items to ship is 14 weeks 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. • 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. Initials 14 0J-4 B loto Kraftsman QUOTE#Q84156 ~ ^ COMMERCIAL PLAYGROUNDS& Date:03/31/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott r�4✓ `�`PO4. Spring,TX 77388 Quote Name:Change Order TSM,,No.1,1• Phone: (281)353-9599 Fax: (281)353-2265 Page 4 of 6 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.❑ 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. Initials 0JN B Uito K rafts m a n QUOTE#Q84156 ~�^ COMMERCIAL PLAYGROUNDS& Date:03/31/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott ✓ `�o� Spring,TX 77388 Quote Name:Change Order `rsMANp P Phone: (281)353-9599 Fax:(281)353-2265 Page 5 of 6 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. Initials ivN BU4O ,r, Kraftsman QUOTE#Q84156 COMMERCIAL PLAYGROUNDS& Date:03/31/2025 KRAFTSMAN WATER PARKS Project:32329 19535 Haude Road Created By:Ryan Slott +,P✓ , �4' Spring,TX 77388 Quote Name:Change Order QFsMgNPLP*1 Phone: (281)353-9599 Fax: (281)353-2265 Page 6 of 6 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 and workmanship on this proposal to be up to the manufacturers'published standards upon receiving full payment.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 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 and/or 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 unmarked 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 Kraftsman is to handle required permitting,Kraftsman 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 IS40.416fr w■ March 31, 2025 Ryan Slott Date 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!