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HomeMy WebLinkAboutPR 24408: CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS & WATER PARK FOR PARK IMPROVEMENTS AT LINCOLN PARK www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 18, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Chandra Alpough, CPM, CPRP,Director of Parks and Recreation lam/ RE: P.R. 24408—Contract with Kraftsman Commercial Playgrounds & Water Parks for Park Improvements at Lincoln Park Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24408 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 Lincoln Park in the amount of$223,957.90. 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. Lincoln Park is one of the parks that is in mediocre condition. The Parks and Recreation Department proposes the following improvements to Lincoln Park: replacing the playground equipment, installing an inclusive swing, and adding new play features along with a square table. Budget Impact: Funding in the amount $223,957.90 is available for this purpose in the Parks and Recreation Capital Improvement Account Number 307-25-067-8525-00-20-000 "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 Recommendation: It is recommended that the City Council approve P.R.No. 24408 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 Lincoln Park in the amount of$223,957.90. "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. # 24408 06/18/2025 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS & WATER PARKS OF SPRING, TEXAS THROUGH BUYBOARD COOPERATIVE PURCHASING CONTRACT NO. 679-22 FOR PARK IMPROVEMENTS TO LINCOLN PARK IN THE TOTAL AMOUNT OF $223,957.90. 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, Lincoln Park was identified as being in mediocre condition in the Parks and Recreation Master Plan; and, WHEREAS, Chapter 271 of the Texas Government Code allows a city, by resolution of its governing body, to participate in cooperative purchasing programs, such as Texas Buyboard as an alternative to formal bid process; and, WHEREAS, pursuant to Resolution No. 02-341, the City of Port Arthur entered into an interlocal agreement for cooperative purchasing with Texas Buyboard; and, WHEREAS, Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas is part of the Buyboard Cooperative Purchasing Program under Contract No. 679-22 and submitted a P. R. #24408 06/18/2025 ca quote for park improvements at Lincoln Park in the amount of$223,957.90 (attached hereto as Exhibit"A"). 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 Lincoln Park in the total amount of $223,957.90 (attached hereto as Exhibit"A"). Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D., 2025, at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote: AYES: (Mayor) Councilmembers: NOES: Charlotte M. Moses Mayor ATTEST: Sherri Bellard City Secretary P. R. # 24408 06/18/2025 ca APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED/ TO ADMINISTRATION: mft 0.pofr Ron Burton, C' City Man.:-r jtaA114/L&O-14Th/6 Chandra Alpough, CPM Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: Oj e( Lyn oswe Director of Finance (cifk Clifton Williams, CPPB1 Purchasing Manager Exhibit "A" ��u$ BU40at Kraftsman QUOTE#Q85164 01',4s COMMERCIAL PLAYGROUNDS& Date:06/19/2025 KRAFTSMAN WATER PARKS Project:32334 19535 Haude Road �) Created By:Ryan Slott rf✓ ` `o'- Spring,TX 77388 QF Quote Name:Inclusive Play/Swing Updating >sMgNpLgo Phone: (281)353-9599 Fax: (281)353-2265 Page 1 of 6 BILL TO SHIP TO Port Arthur,City of t 409-983-8152 Port Arthur,City of C 409-983-8152 Ms. Chandra Alpough, MA, CPRP Ms. Chandra Alpough, MA, CPRP 409-549-4077 Port Arthur-Lincoln Park Port Arthur-Lincoln Park PO Box 1089 748 7th Ave ap@portarthurtx.gov Port Arthur, TX 77642 Port Arthur, TX 77641 Terms: Net 30 days QTY Code Description Size Color Drawing:KPS-32234 Sheet:K.2 Date:12.10.2024 DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#679-22 Plavaround Eauiament 1 KP5-PLAY KP5-30870 Kustom playground with 5"posts for ages 2 to 5 1 PLD0018XX Inclusive Team Swing,3.5"Arch Frame,team swing seat and chain included,by Superior Playgrounds 1 TD-IG-N-SRP-K Tuned Drums,set of 5 drums, Inground Mount by Superior Playgrounds 1 SRPSURCHG Material Surcharge on Playground equipment by Superior Recreational Products Surfacina(Poured in Place Rubberl 2450 PIP Furnish and Install IPEMA Certified Poured in Place Safety Surfacing,3.75"depth for 8'critical fall height,_50%std color/50%black. Includes: -Aromatic binder -5 Year Warranty-longer life expectancy with proper maintenance. *Budget Proposal for Maintenance Roll Coat to be applied 18-24 months from date of installation, to be revised at time of Roll Coat Install-$7 per SF -Borders/Sub Base/Site Prep/Drainage-Not Included unless listed separately -Based on good job access,no design,regular wages,trash removal from site 2450 BASE-4 Compacted Stabilized base,installed at a 4"depth. By:Kraftsman Per Foot 2 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' Site Amenities 1 T46WEB Web 46"Square Table with extended table top and 3 attached seats,Surface Mount 46"x 57" -3SMADA 4 T46WEBPSM Web Square 46"Table with 4 attached seats, Surface Mount 46" ****Removal By City**** Existing Surfacing/Tables -Removal of existing fall surface materials and base will be performed by(City)to depths needed for proper new base and safety surfacing to be installed. -Removal of Existing Tables by City for New Tables to be installed Total: $223,957.90 Initials FUN BU/(O Kraftsman QUOTE#Q85164 COMMERCIAL PLAYGROUNDS& Date:06/19/2025 KRAFTSMAN WATER PARKS Project:32334 19535 Haude Road Created By:Ryan Slott ��✓ � Spring,TX 77388 OrTSMANPi_a+ Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Inclusive Play/Swing Updating Page 2 of 6 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 vN B U//o K rafts m a n QUOTE#Q85164 COMMERCIAL PLAYGROUNDS& Date:06/19/2025 KRAFISMAN WATER PARKS Project:32334 19535 Haude Road Created By:Ryan Slott ✓ 44. Spring,TX 77388 cp P Quote Name:Inclusive Play/Swing Updating Q`lsM,,NPL° Phone: (281)353-9599 Fax: (281)353-2265 Page 3 of 6 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 equipment and site amenities 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. • Shade systems • Anything not specifically listed in line items of proposal. • Removal of existing fall surface materials and base will be performed by (City)to depths needed for proper new base and safety surfacing to be installed. 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 i,uS BUito Kraftsman QUOTE#Q85164 COMMERCIAL PLAYGROUNDS& Date:06/19/2025 KRAFISMAN WATER PARKS Project:32334 19535 Haude Road Created By:Ryan Slott ✓ ` V�tt' Spring,TX 77388 qF SM,,Nv.+P,, • Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:Inclusive Play/Swing Updating Page 4 of 6 Locating for Underground Utilities: • Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked by 811 prior to work done by Kraftsman. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. • Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. • Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner's expense and responsibility. Installation of Playground: Installation quoted includes: A. Receiving and unloading of equipment B. Excavation of required footings C. Assembly of structure D. Concrete for footings E. All labor, tools, machinery, and equipment as necessary for installation. Project Completion Playgrounds: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: • Project product submittals reviewed, approved and returned. Completed Color selection sheet(signed and dated) • Physical project address All contact names and phone numbers Exemption certificate Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer(see Lead Time Note for ship times from manufactures), issuance of building permits if required, weather permitting. Surfacing: Yearly Roll Coat Maintenance of Poured in Place is recommended every 18 months and is required to remain complaint with warranty. 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 Initials BU4 �, K rafts m a n QUOTE#Q85164 COMMERCIAL PLAYGROUNDS& Date:06/19/2025 KRAFTSMAN WATER PARKS Project:32334 v 19535 Haude Road Created By:Ryan Slott +4� o� Spring,TX 77388 �'SMANp p'1' Phone: (281)353-9599 Fax:(281)353-2265 Quote Name:Inclusive Play/Swing Updating Page 5 of 6 NotePricing -Rubber Surfacing Due to the current volatility of the surfacing raw materials market, shipping & labor— Pricing good for 30 days. Expired proposals may be subject to a price increase of up to 3% *Please contact your sales rep for current pricing of all expired proposals Initials �vN B � �� ,., F� Kraftsman QUOTE#Q85164 ~ COMMERCIAL PLAYGROUNDS& Date:06/19/2025 KRAFTSMAN WATER PARKS Project:32334 19535 Haude Road 1. ✓ L. `_0 Spring,TX 77388 Created By:Ryan Slott 4FTSo.+`' Phone: (281)353-9599 Fax:(281)353-2265 Quote Name:Inclusive Play/Swing Updating Page 6of6 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 15 004611"". ���• June 19 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!