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HomeMy WebLinkAboutPR 24788: CONTRACT WITH KRAFTSMAN COMMERCIAL PLAYGROUNDS & WATER PARKS FOR BRYAN AND EAGLES PARK www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 5, 2026 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. 24788—Contract with Kraftsman Commercial Playgrounds & Water Parks for Park Improvements at Bryan Park and Eagles Park Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24788 authorizing the City Manager to enter into a contract with Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas through Buyboard Cooperative Purchasing Contract No. 781- 25 for park improvements to Bryan Park ($99,966.22) and Eagles Park ($238,546.50) for a total amount of$338,512.72. 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 addressing park systems with features and amenities in varying conditions that require attention. Bryan Park and Eagles Park are among the parks that are in mediocre condition. The Parks and Recreation Department proposes the following improvements: replacement of the existing playground system at Bryan Park; and replacement of the playground system and swings, along with the addition of tables and a bench at Eagles 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 Budget Impact: Funding in the amount $338,512.72 is available for this purpose in the Parks and Recreation Capital Improvement Account Number 307-25-067-8525-00-10-000 Project Code PR0020.CON($99,966.22)for Bryan Park and Account Number 307-25-067-8525-00-10-000 PRO() ($238,546.50) for Eagles Park. Recommendation: It is recommended that the City Council approve P.R.No. 24788 authorizing the City Manager to enter into a contract with Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas through Buyboard Cooperative Purchasing Contract No. 781-25 for park improvements to Bryan Park($99,966.22) and Eagles Park($238,546.50)for a total amount of$338,512.72. "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. # 24788 02/05/2026 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. 781-25 FOR PARK IMPROVEMENTS TO BRYAN PARK ($99,966.22) AND EAGLES PARK ($238,546.50), FOR A TOTAL AMOUNT OF $338,512.72. FUNDS ARE AVAILABLE IN THE PARKS AND RECREATION CAPITAL IMPROVEMENT ACCOUNT NUMBER 307-25-067-8525-00-10-000 PROJECT CODE PR0020.CON 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, Bryan Park and Eagles Park are in mediocre 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 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. 781-25 and submitted P. R. #24788 02/05/2026 ca quotes for park improvements at Bryan Park in the amount of $99,966.22 (attached hereto as Exhibit "A") and Eagles Park in the amount of$238,546.50 (attached hereto as Exhibit `B") for a total amount of$338,512.72; 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. 781-25, for park improvements at Bryan Park in the amount of $99,966.22 (attached hereto as Exhibit "A") and Eagles Park in the amount of $238,546.50 (attached hereto as Exhibit`B") for a total amount of$338,512.72. 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., 2026, 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 P. R. # 24788 02/05/2026 ca ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVE 0 M ISTRATION: Ron Burton, P City Manage Chandra Alpough, CPM Director of Parks and Recreation APPROV AS TO AVAILABILITY OF FUNDS: yn oswell Director of Finance 1ii;P l _ J Clifton Williams, CPPB Purchasing Manager Exhibit "A" 0vN BOita .1/4 ��s K rafts m a n QUOTE#Q87021-2 - COMMERCIAL PLAYGROUNDS& Date:02/06/2026 KRAFlSMAN WATER PARKS Project:34724 " ' 19535 Haude Road Created By:Ryan Slott ✓�� et Spring,TX 77388 4 Q`TSn,ANP0:4 Phone:(281)353-9599 Quote Name:Playground ryans@kraftsmanplay.com BILL TO SHIP TO Port Arthur,City of t. 409-983-8152 Port Arthur,City of t. 409-983-8152 Ms. Chandra Alpough, MA, CPRP Ms. Chandra Alpough, MA, CPRP a 409-549-4077 Port Arthur-Bryan Park Port Arthur-Bryan Park PO Box 1089 1308 9th Ave ap@portarthurtx.gov Port Arthur, TX 77642 Port Arthur, TX 77641 Terms: Net 30 days QTY Code Description Size Color Design: KPS-34724 Sheet:KP 2.0 Date:12.30.2025 DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#781-25 Playground 1 PS3-31596 Play unit for ages 5 to 12 by Superior Playgrounds 1 EFRO160XX Bubble Storm Climber by Superior Playgrounds 43 APS-BORDER12 12"x4 Playground Border with Spike 12" black 1 APS- ADA Half Ramp System for use with 8"or 12"borders black ADAHALFRAMP 3 APS- Swing/Slide Wear Mat,40"x40"x1.5" 40"x40" SWING/SLIDE x1.5" MAT 2 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' 92 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 Total: $99,966.22 Initials Page 1 of 6 �J" 8u'` Kraftsman r^ .P QUOTE#Q87021-2 COMMERCIAL PLAYGROUNDS& Date:02/06/2026 =Or= WATER PARKS Project:34724 19535 Haude Road Created By:Ryan Slott o4' Spring,TX 77388 'Sn,ANP P4 Phone: (281)353-9599 Quote Name:Playground ryans@kraftsmanplay.com Special Terms and Conditions 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 8-9 weeks for steel playgrounds Removal (Not Included) **Removal of Existing Equipment-By Other- Not Included*" Initials Page 2 of 6 ovN BU/zo Kraftsman �4444p7 QUOTE#Q87021-2 �� COMMERCIAL PLAYGROUNDS& Date:02/06/2026 tfraeo WATER PARKS Project:34724 p 19535 Haude Road 4- o� Spring,TX 77388 Created By:Ryan Slott SMANFq.0 Phone: (281)353-9599 Quote Name:Playground ryans@kraftsmanplay.com General Terms and Conditions 1. Scope of Work and Changes A.Scope of Work: Kraftsman's obligations are limited to the products,equipment,and services expressly described in the accompanying proposal or quote.Items not specifically identified are excluded from the scope and remain the responsibility of the Customer unless added by written change order. If set forth and applicable,the proposal and quote contain all established BuyBoard program discounts per the BuyBoard contract noted in the quote/proposal. B.Exclusions:Unless expressly listed as line items in the proposal,Kraftsman is not responsible for obtaining building permits,securing engineer- stamped plans,preparing or submitting materials for ADA compliance reviews or inspections,making modifications to existing equipment or structures beyond the defined scope of work,or relocating utilities.These items remain the responsibility of the Customer. C.Alterations and Extra Work:Any alteration,deviation,or additional work outside the stated scope,that is requested or required,must be authorized in a written change order signed by both Customer and Kraftsman.No such work will be performed until the parties agree in writing to the associated adjustments in contract price,schedule,and,if applicable,other contract terms. D.Concealed Conditions: If Kraftsman encounters concealed,unforeseen,or differing site conditions that materially affect cost,time,or means of performance,Kraftsman shall promptly notify Customer.Work affected by such conditions will be suspended until the parties execute a written change order providing for an equitable adjustment to the contract price,schedule,and,if necessary,other contract terms.Customer shall cooperate in good faith to approve such adjustments. 2.Payment Terms A.Price and Payment Schedule: Payment shall be made in accordance with the schedule stated in the quote or proposal.Any scope of work that includes installation shall provide for monthly progress billing.All work completed and materials delivered or completed will be billed in the month completed.Unless otherwise agreed in writing,all invoices are due and payable within thirty(30)days of issuance.Kraftsman may suspend work or withhold further deliveries if payment is not received when due.Final payment shall be due upon substantial completion of the work and delivery of equipment,regardless of minor punch-list items. B.Taxes and Exempt Sales:All prices quoted or invoiced are exclusive of sales,use,excise,or similar taxes.The Customer is responsible for paying any taxes that apply to the sale,purchase,or use of the products or services.If Kraftsman is required to collect and remit such taxes,the amount will be added to the invoice and must be paid by the Customer. If the Customer claims an exemption from sales tax,the Customer must provide Kraftsman with a valid and properly completed resale or exemption certificate before the sale. If the Customer fails to provide the required documentation,Kraftsman will charge and collect the applicable taxes.The Customer agrees to reimburse and hold Kraftsman harmless for any taxes,penalties,or interest assessed due to the Customer's failure to provide accurate exemption documentation or to comply with applicable tax laws. C.Late Payment:Any amounts not paid when due shall accrue interest at the rate of 1.5%per month(18%annually)or the maximum rate permitted by applicable law,whichever is less,from the due date until paid in full.In addition,Kraftsman may suspend performance or withhold further deliveries until all past-due amounts,including accrued interest,are paid. D.Credit Card Payments: Payments made by credit card are subject to a processing fee equal to the rate charged to Kraftsman by its merchant processor at the time of payment.Current rates are approximately 4%for Visa/MasterCard and 6%for American Express.Customers are encouraged to use ACH or check payments to avoid these fees. E.Retention of Title:Title to all equipment shall remain with Kraftsman until payment in full has been received.If Customer fails to make payment when due,Kraftsman may,in addition to other remedies available at law or in equity,repossess the equipment and apply any payments received against costs,expenses,and losses incurred.Customer shall provide Kraftsman with reasonable access to recover such equipment.Nothing herein shall limit Kraftsman's right to pursue full recovery of the contract balance and associated costs. F.Attorney Fees: If Kraftsman is required to pursue collection of past-due amounts or enforce any payment obligations under this Agreement, Customer shall be liable for all reasonable attorney fees,court costs,and collection expenses incurred by Kraftsman.These obligations are in addition to,and not in lieu of,interest or other remedies available under this Agreement or applicable law. 3.Delivery,Storage,and Installation A.Shipping Terms: Unless otherwise stated in the proposal,all sales of products or equipment without installation are made F.O.B.Kraftsman's shipping point.Title and risk of loss pass to the Customer when the products are delivered to the carrier.Customer is responsible for freight, insurance during transit,and any unloading arrangements at the destination. B.Delivery and Unloading(with Installation): If Kraftsman is responsible for installation,it will coordinate unloading and,if necessary,temporary storage of equipment prior to installation.Unless otherwise agreed in writing,storage will occur at Kraftsman's facility until equipment is needed on site.Customer shall ensure timely and suitable site access,including adequate space,ground conditions,and utilities for unloading and installation.Risk of loss or damage to equipment delivered to Customer's site shall pass to Customer upon delivery.Without installation,all products and equipment sold will be shipped FOB Origin. C.Inspection and Acceptance:Customer must inspect all deliveries promptly upon arrival.Any claim for shortages,defects,or damage must be reported to Kraftsman in writing within five(5)business days of delivery.Failure to provide timely notice constitutes acceptance of the products as delivered.Accepted products are not returnable except as provided under Kraftsman's return policy. D.Storage Fees: If Customer's site is not available or suitable for installation within four(4)weeks after product arrival at Kraftsman's warehouse, Kraftsman may,at its discretion,store the equipment and assess a storage fee equal to two percent(2%)of the product cost per month(or the actual cost of storage,whichever is greater)until installation.Risk of loss or damage to equipment during such storage shall be borne by Customer.Storage fees must be paid prior to installation. Initials Page 3 of 6 k)" 80 '`o Kraftsman QUOTE#Q87021-2 COMMERCIAL PLAYGROUNDS& Date:02/06/2026 trirriarmzi WATER PARKS Project:34724 19535 Haude Road ✓�L�` Spring,TX 77388 Created By:Ryan Slott FTSMANPO' Phone: (281)353-9599 Quote Name:Playground ryans@kraftsmanplay.com E.Underground Utilities: If Kraftsman is providing installation services,Customer is solely responsible for locating,identifying,and clearly marking all underground utilities,irrigation systems,and other subsurface installations before work begins,including coordination with applicable utility locating services(such as 811).Kraftsman shall not be liable for damage to utilities or systems that are unmarked,inaccurately marked,or otherwise concealed.Any delay,repair,or additional work arising from such conditions shall be at Customer's expense and may require a change order adjusting the contract price and schedule. F.Installation Conditions:Quoted pricing is based on standard soil and subsurface conditions suitable for construction with ordinary equipment and methods.If rock,landfill,groundwater,debris,hazardous materials,or other unforeseen or abnormal conditions are encountered,Kraftsman shall promptly notify Customer.All costs,delays,or modifications required as a result of such conditions shall be addressed through a written change order providing for equitable adjustment to the contract price,schedule,and,if necessary,other terms. 4.Compliance and Permits A.Code Compliance:For proposals requiring installation by Kraftsman, Kraftsman will construct and install the equipment in substantial accordance with those Texas codes directly applicable to the scope of work,the 2021 International Swimming Pool and Spa Code(ISPSC)as adopted by the applicable jurisdiction,and generally accepted industry standards.The parties acknowledge that unforeseen site conditions or differing code interpretations may require reasonable adjustments,with equitable modifications to schedule and contract price.Kraftsman will exercise commercially reasonable efforts to meet applicable regulatory requirements and follow generally accepted industry practices. B.Permits and Approvals:Unless expressly included as a quoted line item,Customer is solely responsible for obtaining and paying for all permits, licenses,inspections,engineered stamp drawings,ADA compliance and inspection and governmental approvals necessary for the project. Kraftsman's quoted pricing excludes such items.Delays or costs arising from Customer's failure to obtain required permits or approvals shall entitle Kraftsman to an equitable adjustment in contract price and schedule.Kraftsman shall not be liable for penalties,fines,or enforcement actions resulting from Customer's failure to secure required permits. 5.Insurance and Bonding A.Standard Insurance:Kraftsman carries insurance with the following minimum limits:(i)$1,000,000 per occurrence for General Liability,including Completed Operations;(ii)$1,000,000 per occurrence for Automobile Liability;and(iii)statutory limits for Workers'Compensation.Upon request, Kraftsman will provide a certificate of insurance as evidence of such coverage. B.Additional Insurance:Kraftsman maintains standard insurance coverage as described in these terms.If Customer requires modifications to such coverage—including but not limited to being added as an additional insured,waivers of subrogation,increased coverage limits,or other endorsements—any additional premiums,administrative fees,broker charges,or related costs shall be the sole responsibility of Customer. Kraftsman shall have no obligation to obtain or provide such modifications unless and until Customer agrees in writing to the associated costs and any reasonable schedule adjustments needed to secure the requested coverage. C.Bonding: Performance,payment,and maintenance bonds are not included in the contract price unless expressly listed in the proposal. If Customer requires such bonds,Kraftsman will provide them only upon(i)written agreement,(ii)advance payment by Customer of all related premiums,administrative fees,broker charges,and other costs,and(iii)approval by Kraftsman's surety.Kraftsman shall not be required to commence or continue work until such conditions are met.Kraftsman will also be entitled to an equitable extension of time to obtain the bonds and adjust its schedule accordingly. 6.Warranties and Limitations A.Customer Duty for Proper Use: If Kraftsman does not provide installation,the Customer is responsible for making sure the products or equipment purchased are right for their intended use.The Customer is also responsible for making sure the products meet all laws,rules,and building or safety codes that apply to the project.Kraftsman does not guarantee that the products will work for a specific purpose or meet local code requirements when Kraftsman is not handling installation.The Customer is fully responsible for choosing,installing,and using the products in their project. B.Limited Warranty: Kraftsman warrants that its merchandise and workmanship will conform in all material respects to the applicable manufacturer's published specifications for a period of one(1)year from the date of substantial completion or delivery,whichever occurs first.This warranty is conditioned upon full and timely payment by Customer.Kraftsman's obligation,and Customer's exclusive remedy,is limited to repair or replacement of nonconforming items,at Kraftsman's option. C.Exclusions:This warranty does not cover:(i)normal wear and tear;(ii)misuse,abuse,neglect,or improper maintenance;(iii)unauthorized repairs or modifications;(iv)damage caused by accident,weather,fire,flood,earth movement or other acts of God;(v)use of chemicals,water quality issues,or environmental conditions beyond Kraftsman's control;or(vi)equipment or components manufactured by third parties,which are subject only to the applicable manufacturer's warranty. EXCEPT AS EXPRESSLY PROVIDED ABOVE,KRAFTSMAN DISCLAIMS ALL OTHER WARRANTIES,WHETHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D.Limitation of Liability:To the fullest extent permitted by law,Kraftsman's total liability arising out of or relating to this Agreement shall not exceed the contract price actually paid for the specific equipment or services giving rise to the claim. In no event shall Kraftsman be liable for consequential,incidental,special,punitive,or indirect damages,including lost profits,loss of use,or business interruption,even if advised of the possibility of such damages.Nothing in this section limits Kraftsman's liability for gross negligence,willful misconduct,or personal injury where such limitations are prohibited by law. 7.Risk Allocation and Force Majeure A.Force Majeure: Neither party shall be liable for delay or failure to perform,except for payment obligations,to the extent such delay or failure is caused by events beyond its reasonable control,including but not limited to acts of God,fire,flood,pandemic,epidemic,war,terrorism,labor disputes,government orders,transportation or supply chain disruptions,or shortages of materials or equipment.Deadlines for performance shall Initials Page 4 of 6 �.�ojt4 Kraftsman QUOTE#Q87021-2 COMMERCIAL PLAYGROUNDS& Date:02/06/2026 WATER PARKS Project:34724 /,- y, 19535 Haude Road Created By:Ran Slott f4✓4�� oa Spring,TX 77388 y 'sMaNPtc+ Phone: (281)353-9599 Quote Name:Playground ryans@kraftsmanplay.com be extended for the period of delay caused by the force majeure event.The affected party shall provide notice to the other party within a reasonable time after becoming aware of the event.If a force majeure event continues for more than ninety(90)days,either party may terminate the affected portion of the contract upon written notice,with Kraftsman entitled to payment for all work performed and costs incurred to the date of termination. B.Loss or Damage Prior to Installation: Risk of loss or damage to equipment shall pass to Customer upon delivery to the designated project site, whether or not unloading or installation has occurred. Kraftsman remains responsible for loss or damage only while the equipment is in its possession at its warehouse.Once delivered to the site,Customer shall be responsible for providing security,insurance,and protection of the equipment until installation. In the event of loss or damage while in Kraftsman's control prior to delivery,Kraftsman's obligation is limited to repair or replacement of the affected equipment. 8.Returns and Cancellations A.Returns:No returns will be accepted without Kraftsman's prior written authorization.Only standard,non-custom products are eligible for return. Authorized returns are subject to a restocking fee of twenty-five percent(25%)of the product price plus all related freight,handling,and administrative charges.Returned items must be unused,in original condition,and shipped prepaid by Customer. B.Proposal Validity:Quotes and proposals are valid for thirty(30)days from the date issued unless extended in writing by Kraftsman.After expiration,Kraftsman reserves the right to adjust pricing,terms,or availability. C.Cancellation by Customer: If Customer cancels an order or contract after acceptance,Customer shall pay Kraftsman for all costs,expenses,and commitments incurred to date,plus a reasonable allowance for overhead and anticipated profit.Orders for custom,special-order,or fabricated items are non-cancellable once accepted.Payment for cancellation charges shall be due immediately upon invoicing. 9.Governing Law and Disputes A.Governing Law:This Agreement and any dispute arising from it shall be governed by and construed in accordance with the laws of the State of Texas,without regard to its conflict of law principles. B.Venue: Except as provided below,the parties agree that the exclusive venue for any action or proceeding arising out of or relating to this Agreement shall be the state or federal courts located in Harris County,Texas,and each party irrevocably submits to the jurisdiction of such courts.If a dispute directly involves rights or interests in real property located outside of Harris County,Texas,then venue for that dispute shall lie in the county where the real property is located. 10.Miscellaneous A.Clerical Errors: Kraftsman reserves the right to correct clerical,typographical,or arithmetic errors in the proposal or contract,provided that such corrections do not materially alter the scope of work or contract price without Customer's written consent. B.Entire Agreement:This Agreement,together with the accompanying proposal or quote,constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations,representations,or understandings,whether written or oral.No amendment or modification of this Agreement shall be valid unless made in a written document signed by both parties.No waiver of any provision shall be effective unless in writing and signed by the party granting the waiver. Initials Page 5 of 6 ‘3" 8 U'`o K rafts man a n QUOTE#Q87021-2 COMMERCIAL PLAYGROUNDS& Date:02/06/2026 KRAFTSMAN WR 19535ATER HaudePA KS Road Project:34724 Created By:Ryan Slott +� Spring,TX 77388 QFT� 4S,NA P O Phone: (281)353-9599 Quote Name:Playground ryans@kraftsmanplay.com Respectfully Submitted e fr Bill To: Port Arthur, City of Cx�(( Ship To: Port Arthur, City of Terms: Net 30 days Ryan Slott Acceptance of Proposal The Customer accepts the pricing, specifications, and the attached Terms and Conditions. The Customer authorizes Kraftsman to proceed with the work, provide the products, and perform the services described in the proposal. The undersigned confirms they are authorized to approve this order on behalf of the Customer and that payment will be made in accordance with the proposal. Authorized Signature PO# Printed Name& Title Acceptance Date 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! Page 6 of 6 Z Z o a0 z z<¢ 4 5 U W F e 0 A 1. U 2Z G — ^{a 0� i ',EA cA 0 Z2 IL Z o if 0 o w Q Ei (NIg9 cn O O li .-. Cr F! N V) N Z § >. W 2 1i a fA ct a =14 il C v9 coa a p gi N C sY � c',c ct m o sa U° o svtO�i- O in** � a > r o Y Y a 11 4k Z Z W I— , I— O O Wog d - Z W >3W = pow ° � 12 s i 1O II • i • ii o 11 o 9 1- 0ga;e U 6i Y9 r � >- Q x' re ICa and ri W B. Wi e W F .- n i c Ni O a w = qq E 8 z" c 2c ''I",1^.' y�y Z 1- nv~i 1-N 2 I: 9 2Es Le= c oa. 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Z i ` a� r •— N ' o �Q 7- i•. . :# e ' �- �+ ALI _°` z m t J 11/ re QZ, § a 0 z a a 5 U f LLD u xZiii, ~ o oi 4 tel ,, „, Da N U s o $ o• a, e 0 m c ui E 4, y - d °o 0a c V m m y Cn 0, dt - o > .0 .Ec c Cl) 3 co O lcc o() un • O • • • e N E F w Q a� J O o (I) o Q N Z m X rn O W e cv U 5 Z G. o• 2 O a> a) w a) � c o :? mce v a (45 Q 0 m w (O / - N M N 0):' co T amoO r ,— Y Y 0- Illik, e iiikia xZZ w �wH Oa -O D W w z = > .; 1 O O w C� CO 0, � �� i a • e i Pin /a i A 1 Iri 0 Z f f le OPn • 'i ' co fi,, rt • \ O U 0 u. t� V' j i X �Q z CO re g J w w a 0 0 . zQ gi 4 cr• z • H (SlielL'il). 0a U u 0 o w Exhibit "B" 0" Kraftsman 1117°A' , QUOTE#Q87463 COMMERCIAL PLAYGROUNDS& Date:02/06/2026 /tam= WATER PARKS Project:32331 �, 19535 Haude Road Created By: Slott +q �Lo4- Spring,TX 77388 Ryan "sm HP�Ps_ Phone:(281)353-9599 Quote Name:Eagles Park ryans@kraftsmanplay.com 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 0 409-549-4077 Port Arthur-Eagles Park Port Arthur-Eagles Park PO Box 1089 Corner of 59th/Hazel ap@portarthurtx.gov Port Arthur, TX 77640 Port Arthur, TX 77641 Terms: Key Map: Net 30 days 29.89305637 QTY Code Description Size Color DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract#781-25 Drawing:KPS-32331-R1 Sheet:K.1.1 Date: 12.30.2025 Playground 1 PS5-70851-2 Steel Playground for ages 5 to 12 by Superior Playgrounds Swinas 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 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 90015130XX Two Full Bucket Swing Seats with high backs and full stainless steel inserts. Includes red,yellow,green,blue 54"galvanized chain and hardware. or black Surfacina(Engineered Wood Fiber) 200 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 69 APS-BORDER12 12"x4'Playground Border with Spike by Action Play Systems 12" Black 3 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' 1 APS- Slide Wear Mat,40"x40"x1.5" 40"x40" SWING/SLIDE x1.5" MAT 3 APS-SWINGMAT Swing Wear Mat,3'x5'x2" 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,Portable or Surface Mount 46" 1 B6WBRCSM Regal 6 ft Bench with Back,Surface Mount 6' Sidewalk 270 CONC5RB Concrete Pad,5"thick concrete pad with,rebar reinforced,broom finish Total: $238,546.50 Initials Page 1 of 6 0)" Kraftsman QUOTE#Q87463 � COMMERCIAL PLAYGROUNDS& Date:02/06/2026 KRAF[SMAN WATER PARKS Project:32331 19535 Haude Road Ryan By: Slott 4,� v 4- Spring,TX 77388 41.4,44N O• Phone: (281)353-9599 Quote Name:Eagles Park ryans@kraftsmanplay.com Special Terms and Conditions 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 8-9 weeks for steel playgrounds Superior Site Amenities- lead time for items to ship is 4-6 weeks for standard items Initials Page 2 of 6 03; 8U'`o Kraftsman QUOTE#Q87463 � • COMMERCIAL PLAYGROUNDS& Date:02/06/2026 KRAFTSMAN WATER PARKS Project:32331 19535 Haude Road Created By:Ryan Slott rR\4.0 Spring,TX 77388 QFTSMgNp�P�` Phone: (281)353-9599 Quote Name:Eagles Park ryans@kraftsmanplay.com General Terms and Conditions 1. Scope of Work and Changes A.Scope of Work: Kraftsman's obligations are limited to the products,equipment,and services expressly described in the accompanying proposal or quote.Items not specifically identified are excluded from the scope and remain the responsibility of the Customer unless added by written change order. If set forth and applicable,the proposal and quote contain all established BuyBoard program discounts per the BuyBoard contract noted in the quote/proposal. B.Exclusions:Unless expressly listed as line items in the proposal,Kraftsman is not responsible for obtaining building permits,securing engineer- stamped plans,preparing or submitting materials for ADA compliance reviews or inspections,making modifications to existing equipment or structures beyond the defined scope of work,or relocating utilities.These items remain the responsibility of the Customer. C.Alterations and Extra Work:Any alteration,deviation,or additional work outside the stated scope,that is requested or required,must be authorized in a written change order signed by both Customer and Kraftsman.No such work will be performed until the parties agree in writing to the associated adjustments in contract price,schedule,and,if applicable,other contract terms. D.Concealed Conditions: If Kraftsman encounters concealed,unforeseen,or differing site conditions that materially affect cost,time,or means of performance, Kraftsman shall promptly notify Customer.Work affected by such conditions will be suspended until the parties execute a written change order providing for an equitable adjustment to the contract price,schedule,and,if necessary,other contract terms.Customer shall cooperate in good faith to approve such adjustments. 2.Payment Terms A.Price and Payment Schedule: Payment shall be made in accordance with the schedule stated in the quote or proposal.Any scope of work that includes installation shall provide for monthly progress billing.All work completed and materials delivered or completed will be billed in the month completed. Unless otherwise agreed in writing,all invoices are due and payable within thirty(30)days of issuance.Kraftsman may suspend work or withhold further deliveries if payment is not received when due.Final payment shall be due upon substantial completion of the work and delivery of equipment,regardless of minor punch-list items. B.Taxes and Exempt Sales:All prices quoted or invoiced are exclusive of sales,use,excise,or similar taxes.The Customer is responsible for paying any taxes that apply to the sale,purchase,or use of the products or services. If Kraftsman is required to collect and remit such taxes,the amount will be added to the invoice and must be paid by the Customer. If the Customer claims an exemption from sales tax,the Customer must provide Kraftsman with a valid and properly completed resale or exemption certificate before the sale.If the Customer fails to provide the required documentation,Kraftsman will charge and collect the applicable taxes.The Customer agrees to reimburse and hold Kraftsman harmless for any taxes,penalties,or interest assessed due to the Customer's failure to provide accurate exemption documentation or to comply with applicable tax laws. C.Late Payment:Any amounts not paid when due shall accrue interest at the rate of 1.5%per month(18%annually)or the maximum rate permitted by applicable law,whichever is less,from the due date until paid in full. In addition,Kraftsman may suspend performance or withhold further deliveries until all past-due amounts,including accrued interest,are paid. D.Credit Card Payments: Payments made by credit card are subject to a processing fee equal to the rate charged to Kraftsman by its merchant processor at the time of payment.Current rates are approximately 4%for Visa/MasterCard and 6%for American Express.Customers are encouraged to use ACH or check payments to avoid these fees. E.Retention of Title:Title to all equipment shall remain with Kraftsman until payment in full has been received.If Customer fails to make payment when due,Kraftsman may,in addition to other remedies available at law or in equity,repossess the equipment and apply any payments received against costs,expenses,and losses incurred.Customer shall provide Kraftsman with reasonable access to recover such equipment.Nothing herein shall limit Kraftsman's right to pursue full recovery of the contract balance and associated costs. F.Attorney Fees: If Kraftsman is required to pursue collection of past-due amounts or enforce any payment obligations under this Agreement, Customer shall be liable for all reasonable attorney fees,court costs,and collection expenses incurred by Kraftsman.These obligations are in addition to,and not in lieu of,interest or other remedies available under this Agreement or applicable law. 3.Delivery,Storage,and Installation A.Shipping Terms: Unless otherwise stated in the proposal,all sales of products or equipment without installation are made F.O.B.Kraftsman's shipping point.Title and risk of loss pass to the Customer when the products are delivered to the carrier.Customer is responsible for freight, insurance during transit,and any unloading arrangements at the destination. B.Delivery and Unloading(with Installation): If Kraftsman is responsible for installation,it will coordinate unloading and,if necessary,temporary storage of equipment prior to installation.Unless otherwise agreed in writing,storage will occur at Kraftsman's facility until equipment is needed on site.Customer shall ensure timely and suitable site access,including adequate space,ground conditions,and utilities for unloading and installation.Risk of loss or damage to equipment delivered to Customer's site shall pass to Customer upon delivery.Without installation,all products and equipment sold will be shipped FOB Origin. C.Inspection and Acceptance:Customer must inspect all deliveries promptly upon arrival.Any claim for shortages,defects,or damage must be reported to Kraftsman in writing within five(5)business days of delivery.Failure to provide timely notice constitutes acceptance of the products as delivered.Accepted products are not returnable except as provided under Kraftsman's return policy. D.Storage Fees: If Customer's site is not available or suitable for installation within four(4)weeks after product arrival at Kraftsman's warehouse, Kraftsman may,at its discretion,store the equipment and assess a storage fee equal to two percent(2%)of the product cost per month(or the actual cost of storage,whichever is greater)until installation.Risk of loss or damage to equipment during such storage shall be borne by Customer.Storage fees must be paid prior to installation. Initials Page 3 of 6 )1•4 8v'`o Kraftsman ,�``�1�i•`��s QUOTE#Q87463 �. COMMERCIAL PLAYGROUNDS& Date:02/06/2026 WATER PARKS KRAFTSMAN WATER 32331 19535 Haude Road Created By:Ryan Slott +p `�o,t Spring,TX 77388 9'cIsmANptP� Phone: (281)353-9599 Quote Name:Eagles Park ryans@kraftsmanplay.com E.Underground Utilities: If Kraftsman is providing installation services,Customer is solely responsible for locating,identifying,and clearly marking all underground utilities,irrigation systems,and other subsurface installations before work begins,including coordination with applicable utility locating services(such as 811).Kraftsman shall not be liable for damage to utilities or systems that are unmarked,inaccurately marked,or otherwise concealed.Any delay,repair,or additional work arising from such conditions shall be at Customer's expense and may require a change order adjusting the contract price and schedule. F.Installation Conditions:Quoted pricing is based on standard soil and subsurface conditions suitable for construction with ordinary equipment and methods.If rock,landfill,groundwater,debris,hazardous materials,or other unforeseen or abnormal conditions are encountered,Kraftsman shall promptly notify Customer.All costs,delays,or modifications required as a result of such conditions shall be addressed through a written change order providing for equitable adjustment to the contract price,schedule,and,if necessary,other terms. 4.Compliance and Permits A.Code Compliance:For proposals requiring installation by Kraftsman,Kraftsman will construct and install the equipment in substantial accordance with those Texas codes directly applicable to the scope of work,the 2021 International Swimming Pool and Spa Code(ISPSC)as adopted by the applicable jurisdiction,and generally accepted industry standards.The parties acknowledge that unforeseen site conditions or differing code interpretations may require reasonable adjustments,with equitable modifications to schedule and contract price.Kraftsman will exercise commercially reasonable efforts to meet applicable regulatory requirements and follow generally accepted industry practices. B.Permits and Approvals:Unless expressly included as a quoted line item,Customer is solely responsible for obtaining and paying for all permits, licenses,inspections,engineered stamp drawings,ADA compliance and inspection and governmental approvals necessary for the project. Kraftsman's quoted pricing excludes such items. Delays or costs arising from Customer's failure to obtain required permits or approvals shall entitle Kraftsman to an equitable adjustment in contract price and schedule.Kraftsman shall not be liable for penalties,fines,or enforcement actions resulting from Customer's failure to secure required permits. 5.Insurance and Bonding A.Standard Insurance:Kraftsman carries insurance with the following minimum limits:(i)$1,000,000 per occurrence for General Liability,including Completed Operations;(ii)$1,000,000 per occurrence for Automobile Liability;and(iii)statutory limits for Workers'Compensation.Upon request, Kraftsman will provide a certificate of insurance as evidence of such coverage. B.Additional Insurance:Kraftsman maintains standard insurance coverage as described in these terms. If Customer requires modifications to such coverage—including but not limited to being added as an additional insured,waivers of subrogation,increased coverage limits,or other endorsements—any additional premiums,administrative fees,broker charges,or related costs shall be the sole responsibility of Customer. Kraftsman shall have no obligation to obtain or provide such modifications unless and until Customer agrees in writing to the associated costs and any reasonable schedule adjustments needed to secure the requested coverage. C.Bonding:Performance,payment,and maintenance bonds are not included in the contract price unless expressly listed in the proposal.If Customer requires such bonds,Kraftsman will provide them only upon(i)written agreement,(ii)advance payment by Customer of all related premiums,administrative fees,broker charges,and other costs,and(iii)approval by Kraftsman's surety.Kraftsman shall not be required to commence or continue work until such conditions are met.Kraftsman will also be entitled to an equitable extension of time to obtain the bonds and adjust its schedule accordingly. 6.Warranties and Limitations A.Customer Duty for Proper Use: If Kraftsman does not provide installation,the Customer is responsible for making sure the products or equipment purchased are right for their intended use.The Customer is also responsible for making sure the products meet all laws,rules,and building or safety codes that apply to the project.Kraftsman does not guarantee that the products will work for a specific purpose or meet local code requirements when Kraftsman is not handling installation.The Customer is fully responsible for choosing,installing,and using the products in their project. B.Limited Warranty: Kraftsman warrants that its merchandise and workmanship will conform in all material respects to the applicable manufacturer's published specifications for a period of one(1)year from the date of substantial completion or delivery,whichever occurs first.This warranty is conditioned upon full and timely payment by Customer.Kraftsman's obligation,and Customer's exclusive remedy,is limited to repair or replacement of nonconforming items,at Kraftsman's option. C.Exclusions:This warranty does not cover:(i)normal wear and tear;(ii)misuse,abuse,neglect,or improper maintenance;(iii)unauthorized repairs or modifications;(iv)damage caused by accident,weather,fire,flood,earth movement or other acts of God;(v)use of chemicals,water quality issues,or environmental conditions beyond Kraftsman's control;or(vi)equipment or components manufactured by third parties,which are subject only to the applicable manufacturer's warranty.EXCEPT AS EXPRESSLY PROVIDED ABOVE,KRAFTSMAN DISCLAIMS ALL OTHER WARRANTIES,WHETHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D.Limitation of Liability:To the fullest extent permitted by law,Kraftsman's total liability arising out of or relating to this Agreement shall not exceed the contract price actually paid for the specific equipment or services giving rise to the claim.In no event shall Kraftsman be liable for consequential,incidental,special,punitive,or indirect damages,including lost profits,loss of use,or business interruption,even if advised of the possibility of such damages.Nothing in this section limits Kraftsman's liability for gross negligence,willful misconduct,or personal injury where such limitations are prohibited by law. 7.Risk Allocation and Force Majeure A.Force Majeure: Neither party shall be liable for delay or failure to perform,except for payment obligations,to the extent such delay or failure is caused by events beyond its reasonable control,including but not limited to acts of God,fire,flood,pandemic,epidemic,war,terrorism,labor disputes,government orders,transportation or supply chain disruptions,or shortages of materials or equipment.Deadlines for performance shall Initials Page 4 of 6 FU" 0 '10 Kraftsman QUOTE#Q87463 COMMERCIAL PLAYGROUNDS& Date:02/06/2026 tzt=ozi WATER PARKS Project:32331 19535 Haude Road o Spring,TX 77388 Created By:Ryan Slott SpTSMq NP o.+ Phone:(281)353-9599 Quote Name:Eagles Park ryans@kraftsmanplay.com be extended for the period of delay caused by the force majeure event.The affected party shall provide notice to the other party within a reasonable time after becoming aware of the event. If a force majeure event continues for more than ninety(90)days,either party may terminate the affected portion of the contract upon written notice,with Kraftsman entitled to payment for all work performed and costs incurred to the date of termination. B.Loss or Damage Prior to Installation: Risk of loss or damage to equipment shall pass to Customer upon delivery to the designated project site, whether or not unloading or installation has occurred.Kraftsman remains responsible for loss or damage only while the equipment is in its possession at its warehouse.Once delivered to the site,Customer shall be responsible for providing security,insurance,and protection of the equipment until installation. In the event of loss or damage while in Kraftsman's control prior to delivery,Kraftsman's obligation is limited to repair or replacement of the affected equipment. 8.Returns and Cancellations A.Returns:No returns will be accepted without Kraftsman's prior written authorization.Only standard,non-custom products are eligible for return. Authorized returns are subject to a restocking fee of twenty-five percent(25%)of the product price plus all related freight,handling,and administrative charges.Returned items must be unused,in original condition,and shipped prepaid by Customer. B.Proposal Validity:Quotes and proposals are valid for thirty(30)days from the date issued unless extended in writing by Kraftsman.After expiration,Kraftsman reserves the right to adjust pricing,terms,or availability. C.Cancellation by Customer: If Customer cancels an order or contract after acceptance,Customer shall pay Kraftsman for all costs,expenses,and commitments incurred to date,plus a reasonable allowance for overhead and anticipated profit.Orders for custom,special-order,or fabricated items are non-cancellable once accepted.Payment for cancellation charges shall be due immediately upon invoicing. 9.Governing Law and Disputes A.Governing Law:This Agreement and any dispute arising from it shall be governed by and construed in accordance with the laws of the State of Texas,without regard to its conflict of law principles. B.Venue: Except as provided below,the parties agree that the exclusive venue for any action or proceeding arising out of or relating to this Agreement shall be the state or federal courts located in Harris County,Texas,and each party irrevocably submits to the jurisdiction of such courts. If a dispute directly involves rights or interests in real property located outside of Harris County,Texas,then venue for that dispute shall lie in the county where the real property is located. 10.Miscellaneous A.Clerical Errors: Kraftsman reserves the right to correct clerical,typographical,or arithmetic errors in the proposal or contract,provided that such corrections do not materially alter the scope of work or contract price without Customer's written consent. B.Entire Agreement:This Agreement,together with the accompanying proposal or quote,constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations,representations,or understandings,whether written or oral.No amendment or modification of this Agreement shall be valid unless made in a written document signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party granting the waiver. Initials Page 5 of 6 FUN a V��p �,�� , ,;,�� Kraftsman QUOTE#Q87463 COMMERCIAL PLAYGROUNDS& Date:02/06/2026 KRAFISMAN WATER PARKS Project:32331 19535 Haude Road rq.i ` vJ' Spring,TX 77388 Created By:Ryan Slott 9FTsmANP' Phone: (281)353-9599 Quote Name:Eagles Park ryans@kraftsmanplay.com Respectfully Submitted e Bill To: Port Arthur, City of cxv�(( Ship To: Port Arthur, City of Terms: Net 30 days Ryan Slott Acceptance of Proposal The Customer accepts the pricing, specifications, and the attached Terms and Conditions. The Customer authorizes Kraftsman to proceed with the work, provide the products, and perform the services described in the proposal. The undersigned confirms they are authorized to approve this order on behalf of the Customer and that payment will be made in accordance with the proposal. Authorized Signature PO# Printed Name& Title Acceptance Date 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! Page 6 of 6 ,., i• 4 ,4. ..•,.• „:,1':':. . :.;,,4,,,,,,,-.•.:,.• i.r..,' 1;•,....,,,',,a,,',',-,, :' ;.''''';',1• ,. . i• - I,'‘'''' •..„i', .••.v.'', .44'15'4'44A, . '.., - ,,. ''`'-' / -— .. ,,,,, 1/4: \ 7,,x, , e ' , , IIM ."'", ''',,i ';',• ''"'''''t4 •:t7,`, i '''!Cii.• , ,-..."/.8..-7, Alt *, •::: - . , i. .. • : ,.. 7 . . ., . Mill . .. ., _ . . .._..._.7.1nrit 1..' '.1, ',:-.4.7,„4"5" . ...' ' , „ — — or jr a 1 t.4 1'.:2'.'.;'74; Ireamill410 • - ... —_ ..... • • ';' - -_, '. _I - -..., 1,• .a' --tb ...1.-. -'-.Z.;"'• IK--- .......46. I "'S ..- ....4. ...... — --. 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