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HomeMy WebLinkAboutRES 23-091RESOLUTION NO. 23-091 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement, substantially in the form attached hereto as Exhibit "A," with Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas through the Buy Board Texas Contract #679-22 in the amount of $148,399.20 to install one (1) new picnic pavilion at Sprott Park. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of April, 2023. - Mayor Robin Mouton - BILL TO Kiraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19636 I-laude Road Spring, TX 77300 Phone: (281) 363.9699 Fax: (201) 363-2206 SHIP TO QUOTE #Q76603 Date: 0311712023 f l,ojoot:2.9027 Cronted By: Ryan Slott tluolo Mania: 44' x SO'- RCP $Netter - Option 2 Pogo 1 of 6 Code [7escliltoyt Size_ Weiftt Colc Deslpn:K S-20027-2 Sheol:K OAA Rate:3.13.2023 DISCBB Proposal Includes Discount on BuyBoard Purchase, BuyBoard Conifact 11079-22 1 I<SHELTER Custom All Steel Shelter, 44' x 30' whit 24 gauge exposed fastener metal panel roof, 4:12 roof pitch, 7.6' eave holghl, six hot -dipped galvanlxed tube steel columns mounted an base plates boiow surface. InclUdes engineer seated cortlllod drativings and delivery to site, 6 PIERS36XGDG Conerele piers pavilion & canopy columns, %vllh anchor bolts sel, and with steel rebar 30"xf G" reinforcement, By: KraFtsmon 1472 CON06RB Concrete Pad, 6" thlok concreto pad vrith, robar reinforced, broom finish, minimum 600 32x46' sq. 0, 1 SITEPREP Preparation of Silo by Kfa(tsman 1 BOND1 Performance & Payment Surely Bond, and processing of the bond documenlalion. NOTE Localton (TBD) Kraftsman to approve location subject to plan and silo review for access and oilier potential Changes. Total: $148,399.20 krf11ats EXHIBIT "A" RIO Kraftsman QUOTE NQ76603 COMMERCIAL PLAYGROUNDS & pate: 0311712023 WATER PARKS Profoot:2OD27 19636 Haude Road Created By: Ryan Slott Spring, TX 77300 Quote P110110: (201) 363-9599 Pax: (281) 363-2266 Name: ��' x 30' -RCP Sltioller- Option 2 Page 2 of 0 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. Items not Included: These Items are not Included: 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. Storm Water Pollution Controls for project site, Temporary security fence during construction. Patching of existing concrete decorative coatings, staining, coloring, or surfacing If any existing concrete deck Is removed during excavation for piers. Removal of existing equipment. 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 nalning 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 clay of the month shall be billed on or before the 26th of said month. Payments to be received by the 1 6th 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. Bonding Included: Performance and Payment bonds are Included in this quote and will be provided after a signed quote or contract is returned to Kraftsman, Maintenance Bonds are not included. Dellvery 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 tine project. Then transported to the site at the (line of Installation, Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 10636 Haude Road Spring, TX 77300 Phone: (201) 353-9609I-'ax: (201) 30-2266 Locating for Underground Utilities: QUOTE IIQ76603 Dale: 0311712023 Projeol: 20027 created By: Ryan Slott Quoto Nome: 44' x 30' - ROP Sheller- Option 2 Pop 3oft) • Kraftsman) will call and arrange for utility locating with the public utilities stake out providers, All Public Utilities, including Phone, Electrical, Gas, Cable, anti Fiber Optics are to be staked by 811 prior to work done by Kraftsman. Kraftsman will arrange will) Public Utility Stake Out providers for a date Ihat 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 Ilia 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, arid other listed above will not be repaired by Kraftsman) and wits be the owner's expense and responsibility. Installation: Installation quoted includes: Flaul off of soil and concrete spells from project site; or distribution and leveling of any excess soils from excavation, if there Is an area approved by customer for filling low areas on the facility. Assembly of all frame work, Installation of roofing, and all equipment necessary for Installation. Pler Sizes Quoted. - Pier sizes and prices quoted are subject to final engineering review and may change upon) soils reports and engineering being completed. Any additional charges will be presented for approval prior to starting construction. Care, Maintenance, and Warranties: Shelters are designed to withstand normal wind loads and weather conditions, and will provide years of sun, heat, hall & UV protection with minimal malntenance.Warranties shall be void if damage to or failure to the structure is caused by contact with chemical, misuse, vandalism, fireworks or acts of God, Including but not limited to, Ice, snow or wind In excess of the applicable building code parameters. Shelters are engineered for 90 mph wind load and 20psf snow load. Any additional wind load or building code requirements must be engineered and quoted. Project Completion: Allow a to 10 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, Issuance of building permits If required, weather permitting. Building Permits: Building permits are not included or provided. Engineer stamped plans are Included, Lead Tines: Lead Times are after approval of all Initial submittals/colors, and begin once the order Is placed with the manufacturer. Shelters - the lead time for engineering/drafting Is 34• weeks, lead time for fabrication Is 1 f1-24+ weeks upon drawing approval. /Iddals Krafsnlan COMMERCIAL PLAYGROUNDS & WATER PARKS 19636 I-lauclo Road Spring, TX 77300 Phone: (201) 363.9690 Fax: (201) 363-2206 QUOTE IIQ76603 Uato: 0311712023 Projeot: 20027 Crontod By., Ryan Stott Quote Wine: 44' x 30' - RCP Shelter - Option 2 Pngo A of 6 Force Majeure: Each Party shall be excused from liability for the fallure or delay In performance of any obligation under this Agreement (other than failure to matte payment when due) by reason of any event beyond such Party's reasonable control including but not limited to Acts of God, tire, 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 (lie 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.a hilrrars K raftsman COMMERCIAL. PLAYGROUNDS & WATER PARKS 19635 Haudo Road Spring, TX 77300 Phono: (201) 3133-9699 Fax: (201) 363.2266 QUOTE HQ76603 nnlo: 0311712023 Projoal; 20027 oreatod By. Rynrl Slott Quote Name: 44' x 80' - RCP 51101tor - option 2 Pago G of a Shelter Specifications Proposal Information/Notes The proposal Is based on design by RCP Shelters, not necessarily an exact rnatch to bid or architectural drawings. Lead times may vary significantly based on design complexity, seasonal demand, and current backlog. Simple material supplier PO or signed proposallorder form are acceptable for ordering. PO legalese will be rejected. RCP Shelters does not accept orders with contingent liability or liquidated damages. Design 1 Engineering RCP value engineers for the minimum number framing members to minimize cost and provide structures as open and accessible as possible. Final design may not reflect the same Number members, sizes, or spacing as images on RCP's webstle and catalog or preliminary or bid drawings. Design requirements not disclosed to RCP prior to proposal or required revisions resulting from Information not previously disclosed are sul>)ecI to additional fees. Common examples are site -specific requests/requirements and pertinent foundation information, Including but not limited to geotechnical reports, foundation depth limitations, epoxy anchor design, or installations near or connected to other structures causing drift snow loads. Standard cylindrical shaped foundation design, minimum 24" diameter, based on assumed soli values, is Included. Alternate or custom foundations may be designed by others, with column base reactions provided by RCP. RCP's anchor bolt option is valid only for foundations designed by RCP. Local code may have requirements that are not the responsibility of RCP. Each project Is designed for its specific location after receipt of order. Occasionally, engineering determines that materials not Included in the proposal are required. Such materials shall be provided by others. Drawings provided by RCP Shelters with this proposal are preliminary and are not for construction. For complete project specific details, engineered drawings can be purchased separately without obligation to purchase the structure. Fabrication i Shipping Details Shipping dates are not guaranteed. Freight is priced based on pooled loads to a location accessible by a flatbed semi-lraller. Upgrade to dedicated truck or split shipment is available for an additional fee. Trltcking will call at least 24 hours prior to delivery to coordinate. Offloading by others. Materials must be stored off the ground and kept (try. Electrical Cutouts, If chosen, Is defined as: 1 `/2' conduit access (toles in base plates of steel colLiunns 1" conduit access holes through steel frame to fixture locations V conduit access holes in steel beams at fixture locations (lights, fans, etc.) Up to 1 switch cutout per steel column, 48" from finish floor, 2'/" x 3 W Up to 1 receptacle oulout per steel column, 14" from finish floor, 2 1/" x 3'/z Electrical Cutouts Exclusions: Hand holes (not recommended) Cover plates helter Storage Fees, Please review lead tinges 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 i<raftsman warehouse, a storage fee equal to 2% of the product will be Incurred monthly to be paid at time of Installation. lrtlflals K raftsman QUOTE #Q76603 COMMERCIAL PLAYGROUNDS & Dato: 0311712023 WATER PARKS Projeott 20027 19636 t•laude Road Created By: Ryan Slott Spring, TX 77300 Phone: (201) 363-9690 rax: (201) 363-2266 Quoto Name: 44' x 30' - RCP Shelter Optlon 2 Pago 0 of 6 General corms and Conditions Bin To: Beaumont, City of Terms: Percentage Completed Draws CONDITIONS OF SALE Ship To: 1. Any olleratlon or deviation from above specll[callons 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 merchendlso will be accepted unless previously authorized 1n willing by Krafsman. NI relums are subject to restocking fee of 26% plus freight cltargos incurred for return to original shipment orlglnalion, 3. Title for all equipment is reserved by Walisrnan Commercial Playgrounds and Wataf Parks until payment In full Is received. The right to enter the property and repossess said equipment Is hereby granted to Kraflsntan Commercial Playgrounds and Water Parks If payment Is not rendered In accordance wllh the terms above. All payments made prior to repossession under (tits contract shall be forfeited to i(raftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment, Repossossloa of product does not waive any damages or costs due as awarded by the court. A. All coltecllons or Illigation concerning Ibis contract shall be governed by Ilia laws of Cite State of Texas, with venue In Harris County, 6. Kraflsman warranties the nterchandiee on this proposal to be up to the manufacturers published standards as to malarial and workmanship. Soo catalogs or attached drawings for speelfle layouts, warranties, and specifications. 6. Kraftsatan reserves the right to review contract for final nccoplance by management and to make corrections of clerleal errors. 7. A service charge of 1.6% per month will be assessed on all past due amounts, 0. Payments to Kraftsman by cfedll card will incur a processing fee of 4% for Visa and MasterCard, and 6% for Adlericun Express 9. Installation services Include all labor, equipment required to complete Ilse job, and Insuranco coverage's as required by law. Extra Installation chnrgos will Incur for abnormal sub surfaces, [a, rock, landfill, etc. Price quoted Includes Kraftsman`s standard Insurance coverages of $2 mlillon In General i.labllity & Completed operations, $1 nttillon fit Autentebile Liability, $1 million par occurrencel$2 aggregate It Workman's Compensallon. Any charges by Kraflsman's Insurance carrier or agonls for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to coniracl charges. No performance bond or labor and malarial payment bonds shall be provided by ICraflsman, unless listed as Individual line €fern In proposal. 10. Kraflsman Commercial Playgrounds and Water Parks Is not Ilabto for damages to underground ulilllles, and Irrigations systems during Installation. It is Ilan customers responslblllly to locate all underground utilities. 11, Building permlls.requlred by local or stale oulhortlles & municipalities are not Included and are [lie responsibility of tine owner of the property, unless specifically Included as a line Item In the proposal, If you went Kraltsman to handle required permllting please contact our office and wo will provide a quote 1f not Included as a line Ilenn within this proposal. 12, This proposal may be withdrawn by Kraflsman If not accepted %vilhirn thirty (30) days. Respectfully Submitted Date March 17, 2023 Acceptance of Proposal: Ryan Slott 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 stilt or collection Through probate, bankruptcy or other legal procoodIncgs, custoiatier 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 Sirgnalrrre Printed Name & Title Aulholixed Signature Printed Name & Title f.77i M Date of Acceptance WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE 13E INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Buslnessl AGREEMENT THIS AGREEMENT made this 17th day of May in the year 2023, by and between The City of Beaumont, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas hereinafter designated as the CONTRACTOR. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. THE WORK The Contractor shall complete the work as specified in the quote as provided by Kraftsman Playgrounds & Water Parks quote # Q76603 dated 03/17/2023 as discounted under the Buy Board Contract # 679-22. Contract to Install a New Steel Shelter 44' x 30' Located at 4325 Usan Street, Beaumont Texas The Work is generally described as: Furnishing all labor, material, equipment, and to perform all work necessary to complete the installation of one custom all steel shelter, 44' x 30' with 24-gauge exposed fastener metal panel roof, 4:12 roof pitch, 7.5' eave height, six hot -dipped galvanized tube steel columns mounted on base plates below the surface of the concrete pad. Engineer sealed certified drawings and material delivery to the site shall be included. Erection of the pavilion shall be included as part of the scope of the work. Six 36" x 96" concrete support piers with steel rebar and required anchor bolts for the canopy columns shall be included. A 32' x 46' x 5" thick concrete pad with rebar reinforcing and a broom finish surface shall be included as part of the scope of the work. The drilling of pier holes and the preparation of the grade below the concrete pad shall be a part of the scope of the work. Excess dirt shall be disposed of on site at a designated location. Performance and Payment Bonds must be provided for this project. City staff will determine the exact location of the new pavilion within the park and provide the contractor with grade elevations for the new concrete pad. The new pavilion shall have a hip -style roof shape as shown in Option 2 as part of the attached proposal. Colors are to be selected from the manufacturer's standard colors. ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed in 260 calendar days. ARTICLE 3. CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s) named in the Contractor's Bid in the amount of S148.3".20. See attached quote # Q76603. ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents consist of: Scope of Work, Agreement, Performance Bond, Payment Bond, Site Location and Elevation Drawing, and all Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. Documents which will become part of these Contract Documents subsequent to Award consist of: Notice of Award, Certificates of Insurance, Evidence of Workers Compensation coverage, Surety's Powers of Attorney (to accompany the executed Performance and Payment Bonds) and Notice to Proceed. The Schedule of Drawings shall consist of the following: Sheet A-1 — Partial Site Plan / Sheet A-2 — Grading Plan ARTICLE 5. PAYMENT PROCEDURES Progressive Payments will be made monthly, and payment will be processed within thirty days from an approved correct invoice. Pay requests must be submitted no later than the 15'h of each month. Payments will not be considered for products not physically on the project site and services not performed. No down payments are allowed. ARTICLE 6. NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. ARTICLE S. LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS AGENTS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND DAMAGES OF EVERY KIND, FOR INJURY TO OR DEATH OF ANY PERSON AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT, AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY REGARDLESS OF WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPENSE IS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE. NOTHING IN THIS PROVISION SHALL REQUIRE THE CONTRACTOR TO INDEMNIFY THE CITY AND/OR ITS AGENTS, OFFICERS, OR REPRESENTATIVES FOR ACTS OF NEGLIGENCE CAUSED BY THE CITY. Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors, and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver must be stated in the City's approved Certificate of Insurance. The fact that insurance is obtained by the Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by City from Contractor or any third party will not be limited by the amount of the required insurance coverage. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first written above. CITY OF BEAUMONT Kraftsman Commercial Plaverounds & Water Parks STATE OF TEXAS CONTRACTOR By: City Manager jWAttest: City Clerk By: /..C,7 I yo Title: Korey Soderberg 5.17.2023 Attest: e� Title: •�_� Aka tA.-&6� AGREEMENT THIS AGREEMENT remade this 17th day of May its the year 2023, by and between The City o Beaumont, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and Krafts an Commercial Playgrounds & Water Tarps of Spring, Texas hereinafter designated as the CONTRACTOR. The Owner and the Contractor, in consideration ofthe mutual covenants hereinafter set forth.., agree a follows: ARTICLE E I, THE WORK The Contractor shall complete the work as specified ed in the quote as provided by l raftsl an Playgrounds Water Parks quote 4 Q76603 dated 03/17/2023 as discounted under the Buy Board Contract # -2 . Contract to Install a New Steel Shelter 441 x 30' Located at 4325 Usan Street, Beaumont Texas The Work is generally described as: Furnishing all labor-, material, equipment, and to perform all work necessary to complete the installation of one custont all steel shelter~, ' x 30' with 2 -gauge exposed fastener metal panel roof, :12 roof pitch, . ' eave height, six hot -dipped galvanized gibe steel columns mounted on base plates below the surfaee of the concrete pad. Engineer sealed certified drawings and material delivery to the site shall be included. Erection of the pavilion shall be included as part of the scope of the work. Six 3 " x 9 " concrete support piers with steel rebar and required anchor bolts for the canopy columns shall be included. A. 3 ' x ' x " thief concrete pad with rebar reinforcing and a broom finish surface shall be included as part of the scope of the work. The drilling ofpier~ holes and the preparation of the grade below the concrete pact shall be part of the scope ofthe work. . Excess dirt shall be disposed of on site at a designated location, Performance and Payment fonds racist be provided for this project. City staff will determine the exact location of tile He -IV pavilion w tliiii the park and provide the contractor with grade elevations for the new concrete pad. The new pavilion shall have a hip -style roof shape as shown in Option 2 as part of the attached proposal. Colors are to be selected from the manufacturer's standard colors. ARTICLE 2, TIME OF COMMENCEMENT of COMPLETION The Work to be performed tinder- this Contract shall be commenced on the date specified by the Owner DI the Notice to Proceed and the Work shall be filly completed in 260 calendar days. ARTICLE i CONTRACT PRICE The Owner shall pay the Contractor for the completion of the work in accordance with the Contract Documents in current funds the Contract Prices named in the Contractor's Bid in the amount of S1483399,20. See attached quote # Q76603. ARTICLE . THE CONTRACT'` DOCUMENTS The Contract Documents ents consist f: Scope of work, Agreement, Performance Bond, Payment Bond, Site Location and Elevation Drawing, and all Change Orders and work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto; Documents which will become part of these Contract Documents subsequent to Award consist of: Notice of Award, Certificates of Insurance, Evidence of'Workers Compensation coverage, Surety's Powers of Attorney to accompany the executed Performance and Payment Bonds) and Notice to Proceed. The Schedule of Drawings shall consist of the following: Sheet A -I — Partial Site Plan Sheet A-2 — Grading Plan ARTICLE . PAYMENT PROCEDURES Progressive Payments will be made monthly, and payment will be processed within thirty days from a approved correct invoice. Pay requests must be submitted l no later than the 1 "' of each Month. Payments will not be considered for products not physically on the project site and services not performed. N down payments are allowed. ARTICLE 6. NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered on certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not b assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically Mated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. '1'lie Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other pay hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. ARTICLE . LIABILITY THE CONTRACTOR ACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS AGENTS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND DAMAGES S OF EVERY KIND, FOR INJURY TO AMii� IN! I I M I DAU EM 1111 M I In 1 11 M 11 1 1 21 1 4 . M 1. . MUPM; i 1111111111q�� 1111 11111�� 111111���1111 U-1 &MM r $, recovets Contl-'actoWaives all rights of ry, and i insurers also waive all right of subrogation, of' damages against the City and it's agents, officers, directors, and employces, for damages covered by the workers' compe'"sattion and employers'lliablillity or commercial umbrella or excess flability or busincss, automobile r�age obtaiined by Contractor required in this, Agreement, where, permitted 'by law. This, waiver must be, stated in the City's approved Certificate of Insurance. 41 The fact that insurance is obtained by the Contractor on whalf of Clitywill not be deemed, tio release oi- diminish the liabillity of Contractior, iniclud I'ng,,, without limitation, liability under the indem,nifty p,rovislons ofthis A, reement. Damages recoverable by City from Contractor or any 9 third party will, not be limited; by the arnotint oftyre required Insurance coverage. IN WETNESS theOwner and the Contractor have caused t1iis Agreement to be executed the day and, year first written above. By City, Manager, Attest*.<JO�111 City Clerk 3 Kraftsman Commercial Playgroundis & Water 11 arks CONTRACTOR By.. . . .......... 0- Title: 1 - KQr Attest: RESOLUTION N0. 23-091 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AMN: THAT the City Manager be and he 'I's hereby authorized to execute are agreement, substantially 'in the fora attached hereto as Exhibit `A," with Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas through the Buy Board Texas Contract 6 -22 "in the amount of $148,399.20 to instal one new picnic pavilion at Sprott Park. The meeting t which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of April, 2023. Mayor Robin Mouton - Kraftsman QU01'r, WC170603 COMMERCIAL PLAYGROUNDS Onto', 08117/ 0 WATER PARKS i-0100tt 20027 10636 Haub Road Orectiod By: Ryan 81olt pno*1 0f U SHIP TO tlmont, city o f - - r. Keith Folsom Sprott Park - Shelton Sprott park - ShWar PO Box 3827 4324 usan Beaumont, TX 77700 pefcolilme Completed Wawa Try F R +##J Vi of ITS -L SJ 02 7-+ 1)e a 1:1 aF/F 4 Da te,11Vii S.102 / 1 1 r- LT f R Ustom All S1081 811elICT, 441 x 301 vAlli 24 uau� expmed (Wenar metal p rwl roof, 412 roof pit 11, a6r oave hulghl, six 1101-dIppad 9111 a 1 d Wbo 81 of Coi 1f1#1 mounlod an base plate$ hold AM [ACIL100MV&108 owl dolivaty (0 site, VIERS30XOOB Gomwlo rA818pavillon &allopy columns, vAth anchor bolts sell ond vAth steal febu 30*x�W 13y" 1(taftsman 1472 0,0NOoRR 0ollefele Pad, " thick conafot Pad YAthe mbof rolnforoe , broom Rd all, ri1inhuhi 8130 VA51 4 , I SITEPREP Praptuallon of SHO by K(fiftsillon NOTE L��yyo''YY�cal{t���iiin (T1-"D) 1(rafisyma[n to C�j�1.J rovo location o bjeVt to plait oild 81to review flof yy� alid Totallk $14MW20 InWal EXHIBIT "A" Kraftsman COMMURGIAL PLAYGROUNDS WAIER PARKS 19636 Hatida Rond Special Terms and Conditions QUOTE fiQ76603 Ditto; 0314712023 realed By: kynn Slott Pao 2 of Sales Tax emp : Sales tax Is not Included Its prim; cjmotedCusaLomar Is to oupply Sales Tax Exemption or Sales Tax Rosato certl(lcate at Him of acceptance of proposal, or sales tax will 1) o addl to f in al eo [r of and lnvololfor th e projeot Roma not Included", The a Items are not Included: hI h landsoaphig, 8odding or saa ling of d1sturbed areas, All i (ur e i areas to be leveled and raked out, Conorele lead walls or acl�olnlng o s r atton concrole deck aireas, 81orm Water P lhillon Controls for projeot sites Temporary;seourlly fence during conahollon. P;*111ng of existing oon rete decorettive coalings, s;Wnln , ooloring, or mfaclng If any existing concrete deck Is removed during eXcavation for ler . i i Removal of existingegkil me t, Buy 130ards, Pr l as l is Submitted w1th applies le d iscov tit 1)ar Buy Board program to rail e ot tabR; dIs cou nis, Kraftsman will supply a icertiffoateof Insurance verifying Ilia 11mM; of coverage, See terms page for d talls nd charges for naming ads#ltlon al lnstired parties or addIng special v r 's If required. Credit Card terms: if paying by Ame r1can Express, there is a 6% procs esmingae cheir , if pay Inn by Visa or Master r , there Is a % procassing fee charge, monthly Progress IN111110S All warp Completed and 111aterialD stored as of the last day of the munih hall be billed on or before Ilia 26th of sale mo tht Payments to be recelved by (lie 1 61h of the following month, Shipping chargou Unless n tod oth r lso t) qL10i0l aii shippIng andhaadling chargesn quote are firm for dUration of 90 days, 13 oil(1l )a 111clit d ed-t pellormanuo andPayment bonds are Included In this quote and will be provided after a algnod quota or contract is raturned to I r ftamm, MaIntenance > onda are not Included, if I nstallatlon is pur has : i<raf 18m aii [a resp on8lbla for 611SUT1119 that adequeM3 st if and equipment mlr es are alla le for timely off-loading , safe hand lIngI and se ure storag a of equipment upon receipt from motor freight carrier of lrist ll d product shIpments, UnloadIng of mat Asks from Ilia truck will potentially require imtlerl l handlIng eclul nen(I ite, - rl lift, ballet a le s , to properly remove equIpment from the delivery hick. In Most Cases when Kmftsmeft Is Installing p r Je t Me product t will be received at Kraftsman's W r limme and stored until nooded on tho project. Then Veins orle to the site at tlio I11 s of Install tion't /n/1101sr Kraftsman I L L K WATER PARKS Maido Road QUOTEW76603 fro (0d By" KY1111 Stoll f' a of Lop,afilIg for Ulj(lergrotml Ili le , w I r It mill will ceill and arrange for u 11 My to lln rlth Ilia pu bi lo 011119sstake oul 1)rovid rs, All P ublIC M11110u, in lud111 Iio no, Electrical, Gas, 0 etble, and Fli er 0 ptics are to I)e Mad ec by 811 prior to work done by i rafts mail, Krafts III all will arrange wlM P ub flo U 1111ty ftke OW PrOvIde rs for a date that thi I s to bo co mpte ted prior to Kraftsman arrl In sRe okisiolner 1p, to locals, may , wid provido Inforiliation for all priviftlely owned u(MUes that are not maiked by the PubiI Hilly provid ors, for all W111 y 80MOO 11 below grade that are ptiv t l owned, 7 lie e will In el u de any and all of Ilse following; electrical, water lines, gas 11ne , brig► l Iles, sewer nd storm 11ne , rable cervIcelimes, fiber optio or ether IT lines, wh1oh are privately owned bY the roperly owner. * I r t slilall is riot resport r>ibla for any und e rg round utillUes wh1oh are 11 t ~here d or located by ilia ownor or pu lle mIl#It e steike out pmlderq, Damages to underground u1111fles for eleolrle i, waiter, lrrl tlon, and other listed above will rot be repaired Krett man and N 1ii be the nerl's axpwsa and responsi illLy* -111 t ll Pion: Install t [on qu oted Ind as: Haul off of %oil wid con crate shells from proja t site; or distribulto n and leveling of any excess lolls from excavation, if th ore Is an area approved y custom a for fIlling low areas on the f luty► Assembly of all fr ine work, Installation of roofing, and all e uIpment ne ess ry for l at ll tion. Pl. r` 81 e � o a d - - Pier sizes an it prices quotud era subJest to f Inal mi inee ring rGVJOW all i May Ohallg 0 U0r) 60119 MpMtS and en gInsering balngeomploted. Any addit1onI charges will 1)e presen for approvai pilor to sta in g con stru do , Oaro, Maintenmice, and W rr tines; Shelters are designed to wftluitand normal wind load and weather conditions, and ,Ill provide yearn of isun, beat, mall V protection w1fli minimal maintenance.Warrantles shall be vold 1f damagia to or faftlr'a the struoturo Is caLtBod by coMact with 0118mical, I I BLI 8 8, Vandallsm, flreworor acts of 0ad, I1101Uc l tig but not I Imited to, lo u, snow or will d In exce8z of the applicable buildli)g code Parameters, Shafteraare engIneared for 90 mph -wind load an l sf snow load, Any addillonal wind load or b u lid In g code requiremaim must b e un ginaare l and quoted. Project mpletl n; Allow to 10 weeks for proparallon of plans, drawln 0 s , and submi Ral after etchceplrloe of prof es ( Provided that 01 following has been Completed and approved by the u tomer} Project product submIttals reviewed, approved and tehlri)6d, Completed Color selection sheet (slgiied and dated) physical i r+oje I address All ontact names and phone numbers Exernpilon eertifIe le Allow adequate time for processIng and procuring eonstrkl Lion Permits If reqillrod, Allow p r lmat ly 3 to 13 weeks for project col l llo 11 Upon equ I piTI atit d o livery f rom nian rf olur r, 18 Ma rise of 1)(111 d111 1) ermlis if required, weather p a rmit(Ing r Building prm its Building ernilts are 11ot it)olu e i or provIded, lIgIrleer 6JRJ))pod plans are inckldod, Le Tim m Land Times Eire after approval of all Initial 0 AIII MaISIC010T61 euld be In 011co the order N played wIffi tiro hit rs - [lie Ieed 0111 for 0 110111 efing/ irefil ng is 8 4- we W, lead 1.1me for fOrloatioli Is I - + weeks Lip on drawln approval. dt 11111101 draftsman QOMMMOIAL PLAYGROUNDS ND WATER PARKS 19036 HandHaude Road pylim TX 77380 QUOTE I0 do: 03M719,028 mittd By; Ryan Stott p"ge Foroo majoure" Eaoh PaTly shalI b a excused from Mobility for the fallure or delay In p a rformanoo of emy obligallon kinder this ree men (Other tham f ilkire to malke paymont whendue) by reason of any evont baymd such Nay'Nay's reasonable control holu hi Vit not llmite l to Acts of God I f i of flood, exploal n, a a aliq Li aRe, pandemlo flu, or oiler natural or es, governmental orders or Irene # war, iv11 anted, ett f torrorlsm, acoldent, deckuctlon or other ee ulty, any lacor f llur f tr mporta�jon f eillile , any letGk or falklrG of t1j j 1y of raw mflal% or any offier evert shnilar to those emmMtOd above. Such OX01186 from 11 111ty shall be afteotive oNy to the extent and dureflon of the event(s) mising the f ilkire or deiq In perfor anae end provided that the P Ay M8 not caLlsed suohevent(a) to occur, Nofte of a P rt 's falktfe or delay In performance due to force ma)ekire mist be glveii to tho oiler Party within days after Its murrenoo has become Idontifled by the Party, All deflivery dales under tails Agreament that have lmii affected by force majoure shall i tolled for lie &ratlon of swch force majewet 1ii no event Micill any Peiaye re uIred to prevent oreettle any labor isturb l) e elk dispute, or to o Qt ouL8 Id o of coinpii rj e with governmen(l ordar8 or d Ire tives,El InIthills Kraftsman COMML-MIA1, PLAYGROUNDS WATER PARKS S 0636 H tiflu Romi Spring, TX M00 QUOTE IIQ76003 Molt 0311712023 Sh ltol+ S eolfle Pion Proposal Informa l n/NoWs The ropooal is 1) ased on de sign by ROP 8 halters, not neo ess orily an exact inatch to b Id or ar lilt tur l (trawl ngs load tlmern-ayvary slU lffoziii Uy based on deolgn compla l , kmeonal domand, acid cu rf e nt bas leg; Simple materlsisuppiler PO or sigi)ed propoaallorder form are acceptabie for ordering. P0 to etlm w111 be rejected, P Smelters (toes not swept orders will) oonlin ent liability or liquidated damages. D68ign nlearin RGP value angineem for the mi ftim numbar framing inambers to min1mizo cost and provide Aructures as qen and a o ssi to a 1)oswle, rinal design ma n t relloot the:Dame number members, alzes, or spacIng as Images on 's we slto and catalog or prell In ry or bld drawl 11s} Design requIroments not disclosed o ROP prior to proposal or requIred revislons re tilting from Inform tlon not provio sl dIs l sod are 8ubjeol to addlilonal fees, Common exainpla8 are 1t -sp lflo mque t ro u I rements Eind pealnent foUlI atlon infers tlo11, 111 1 LKA110 but not 11mited to geotoohn1 al reports, fou Mallon dep lis 11mitall nsI epoxy anchor d i n, or In tallations near or connected to other struolures causing dr1ft snow loads. Standard oylindrIcalshaped Found lion esl�n, mi l imi " dlamslor, hosed oil iasstlinedsoll values, Is Included. Allornate or custom foondations may be d sl ned by offiors, with colunin sae reactions provided by 1 O . ROP's anchor bolt option is valid only for fo ndallons designed by RCR Local loode may lia o require oients th at etre not the resp o n8lbility of RO P. Each project 1 e i ned for ilsqeclflo i o tl n after recelpt of order, ocoasionally, on inearing d ter Inc that lmlorlals not Included In the proposal tiro required* SLIeh MettaTIRIs Stull be ProAdOd by OthEM. r w- Ing provide d by RCP 8h elteTs with tlrls 1) rop esal ara prellminRry and are not fog' construotlon, Foil complete pro) et s e lllo details, engineeTed drawings can be purchased opr ly withol obligatlon to purohale 1ho stra tore. Fa ri atl n shipping Dot ffls ShIpping dates are not guaranleed, r lght is pri ced based on pool d leads to a loeafton aco m1bloby a flalbed ecru-tr. ll r, Upflrade to dedloated truok or splk shlprnent is avallable for an addIllonEll foe, TMOMng Will Call at least yours prior to d ll y to coordinate, Y f f oadin Tothers. My.'tefl l must be �ored off the roun an kept ry% otri al outoutsi if chosen, is defined as; I 1/g" tidult aQcess holes In tm e plates of oteal coltimns IH l) hilt amess holes throuph steel frarno to fixture loontions 11 oj)dult access Doles In steal 1) eams at fIxturo local los 1191its, fa ns, ofo. to I swl Ich cutout per !) tool luni , 4 B" from fl n lsh floor, 2 1/4x� W Up o j receptacle oulout leer steel column, `l " frolp fi 1st) floor, 2 i 40 x 3 1 Electfloat Gutouta Exoltlslolls', Hand holes (not recommended) Cover prates helt r s tr oFoes: ple so r(3vi lead thnes for 1)roduotlor) and s hip pin I If for whatever reason customer or customaes alto is not toady for ljistall llon of prodoA wMAl weeks of arrival from ma nufa turor at i r ffenian mrohouso, a storage fee equal to % of Ille pr dLjot will W Inourred mothl r to W bald of the of Ins) Mallon. Kraftsman IM PI-AYG WATUR PARKS 10 61 U 1.1mdo Ro ad Spring, YX 77308 General Terms and Conditions QUOTE I D fito: 1 i 1 0 r a ed : Rynn dolt Pago a of 13I1) To; Beaumont, City of Tomm. CONDMONS OF SALE 1. M[aratton or d ovI allo a from abova sp 0C1RGa1lona IIIV0j'rrrrg o tra co~ II 1)0 a emlto d only upon %yiMen o rd orst anal + III b ocome p?i extra 0 1 a r 0 0 o or and fibavo 111 e111r0ot- 0 stools 0f III e fol Ift As 0 N' ll b0 a ecepto 0 u11es s p ravloti Ed y ;n t ith a r I ze d In vu1[in g toy l faitsman, A]l returns are sublet to ro sto ckl no fo a of % jks frel hl oharasIncum d for tntu r to arlollral shipment ent orl irlallan, . T1110 for aI qulpmant Is mama l (ohman Commerelal Playg un s amd water Paiks unill liaym it In full Is raoelve . Ise rI in to enter Ilia prepell OM rel)0sas m sal(l eqLllpmant is hareby g ra ntetl to WafIsmar Commericial Mygrokinds And Water Parks It payment is not tanderad I aao man ce iM111 tiio to mis above, A11) ayme 1 ft r n ad 0 prior to rep os sos toll Vilda€ tills COW faCI $Iball b 0 fo1l its d 10 t fu fts 111 a 110 0111nierelal 1a orounds 2 nd W for Parks as ost Incurred to recu er the equimiant, Roposse sloe of pfo uct does not waive any dtanuipa or costs tits as awa We d by th0 couA- 4# All eollo llone or I Moallon coAmning 114a aon1mol ahM 1)e g vorned by the lays of [lie 81010 of Texan I 11I Vanuo III Harfts 001141Y4 6. Krafterlian wma bs 1110 1111011fl [idle a on MIS 0roposoi 10 too up to IN manufoolurefs publishod stiaR ufds no to matar1el and viarkmanslll . Soo cotillions or attachad draYdnat, W opbaft layoutgi warrantlea, anO s aellloatlom B, I rans oil rosorvos the r1gl1t to rovIew cor)1raol (Dr final eo oplonce byr r a 111nild to ras a corrections of 0101I 0 arror . 7s A servIcechmao of 4, 110 per n1011111%gill be a886080 tl 0A all Past Niue Monts, 13. Pftyments to Kialls oo by mill earl W11 [n ur a prose etno toe of4% for V15a anO M mtor as , and % for Mietionn 5xptoss ltjulpllallon aorvIms Inala a all Moil equip ont re uIre(t (0 G0111P1610 1116 job, and Insvr€ nco cavoragola f!s required by Ian ., Extm In letl ila lrirgos mill Incur for abnormiRl sub and e , for rock, t nd ll, eta, �rl t���ote�l In lutles i relit r� r�= �sr� �r�� I�� rar�ae e� erg �s � 1 llti l� l lanor l HabIlity A Compl t d opofall m, i n0lon In Auloi bb Uabttll , 1 mIllteji per o mfencaf$2 a greoale InWoikmolft Gompon tlon,. My charos by Kra smaWs Insuronoo oattlar or ago n1for adding Gonoial coalraeter or Qmai P a r11ll itsl limire 1, wal es or subro open, or olimi9iis to s(and ard ca ei ge shall b o added to conlract Charges. No P-0dor all tend or Iobcr and 111oloflol pri 1 relit i oriels diall be provI le i by l raflamant ci tesia listed as lrrcllylclusl line Item In proposal. 10. KfabmuI) Oommaiclal P1amounds alld water Darks Is 1101 Pablo for dRai aoss to undaroround u lltlo , and Iftlantions laysto dwlno Inslallatlon, It to trio oustomam faspimisIbIlliy to loeeto all undetUfound utlllllas. 1. Building peg lit .rcquIred by local orstale Quttt rl>1ss & munlolpalffles are not Included ond are tine re imisi ill Ly of Ilia vmierofUia piopoit t uWa s specIffeallyIncludediis €3 Il a Item in ilia Proposal. If you mnl I r R1TIa11 to 1 andla mil 1106 pefRIll Ing P10088 00111aul our aline and wswml r vIde a juoto If not Inchi eel as a Ilea [tear N liM 11116 pfoposal- 14 This propwal may Ira Affidr m by J raftsimn It not accepted %%illrin llilrty (U) days. Respeollully Submillad Dole Maroh 17, 2023 e tame f Proposal: Ryan e t The prices, s eeilrl atlsn and Conditions are satisfactory and are horeby accepted, You are authorized to do the work as speclfte . ayme Lwill be made as ouUMad iab ova, If contra t Is pjn'ed w1th all attom y or serf or colle llort through probate, Wkfuploy or Other leg at pr0000dhigs, Oustomer Bones to pay all olxp eno s and roawnablia at(ornoy fees Incurred. Any verbal I stme.11oris, agroements, or prom[so D aro nk VoIld mto ss w(Mon cis J)aa of th Is coMfa , Iithori (! 11)ighlre P011' uthori art SIgmtore PdMod Namo & Tfl/o WE STR ONGL Y RECOMMUND A RUSILMN r PAL L SURFA #M INSML L FD UND LIM ALL PLA Y & P1 MEW EQUIPMENT 9 ru CA Ld 9 i KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARKS 19535 Haud!e Road Spring,, Texas, 77388 www.kra,fts,manplay.com 8,00-451-4869: Keith Folsom Facilities Maintenance Director 1848 Pine St Beaumont, TX 77703 I * -New Pa "lion NE- Sprott Park vii In reference, to the above projects, please find enclosed the following iterns(s): 1 Originals Copies Description Contract sigined by Kraftsman Sincerely, Tornia Bennett Project Coordinator 09f Natilt,