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HomeMy WebLinkAboutRES 23-185RESOLUTION NO. 23-185 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to the purchase and the installation of playground equipment for Babe Zaharias Park from Kraftman Commercial Playgrounds & Water Parks of Spring, Texas in the amount of $79,403.51 and Combest Park from GameTime c/o Cunningham Recreation of Charlotte, North Carolina in the amount of $45,66710. 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 11th day of July, 2023. - Vayar Roy Wist - RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council approved $1.46 Million Dollars in the Capital Flan for the Fiscal Year 2023 to be utilized to mare upgrades to the parks System; and, WHEREAS, through recommendations gathered from the Parks and Recreation Committee meeting and members of City Council and staff; the Administration recommends that the following improvements be made; Central Park --- Replace Imagination Station playground; Charlton -Pollard Park — Replace playground structures; Combest Park— Playground installation; + Henry Homberg Golf Park— Drainage study; 0 Sprott Park — Build shelter; Central or !Magnolia Park— Resurface tennis courts to basketball courts; Turf Tank Stripping System; Babe Zaharias Park -- Playground installation; Athletic Complex -- Replace nine (9) scoreboards; 41 General Maintenance —The balance of the funding would be budgeted for contingency, NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and finding set Out ill the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT, this list sustainably reflects the original list recommended by the Administration in November of 2022 as well as eight (*) of the top ten (10) projects recommended by the Parks and Recreation Committee at their January 12, 2023 meeting attached hereto as Exhibit "A," and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to approve the Parks Capital Improvement Plan for the Fiscal Year 2023. 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. MASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of February, 2023. - Mayor Robin Mouton - S � o g 8 { I c H n z { cv I I >:-,r,•,,.. t!1` t/} to 4 {�} -L4 E . [ 4 E S E! r lay I . f'l}` { r � f! � i[ I s' c {'�' EI J ri I �, F �s • 6 1 ' d i1 � SE C j ° Ct nt m d U) to n on m i, 4r/ �� 'Jk3 i r ^�� k ill `IY�I r,r $_!• ts. „tl E J i S a O 41 I N 75 O U x C cr(13 Oa 0) O u D In c t p -u fu u Endi m O al "" to y�j C N a cr t'i �' N J, dl .a F " ' cu `G o a c o tA • m a D cu u oOCD 4 - a O O tO r0 L }(U a-J t ID _ �J N— a •U `0 �'' j '� 0. d U N Al tCL I U U N ro¢ ft1 o y o � t7 u c t� C a CL E c u� z � [fit .y ni Q � .y ai Z Qn. O i= N U Ll. ¢ 'Q [!7 u C3 U U I S t!F 2T5-� Cnu Q 2 Vl 2� wo Q 0 [VAT 43.i K raftsm an COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 3I1111411t6 Beaumont, City of 409-880-3792 Mr. Kenneth Raggette Babe Zaharias Parr - Playground 1848 Pine Street Beaumont, TX 77703 Terms: Percentage Completed Draws QUOTE #Q77525 Date: 05130/2023 Project: 28624 Created By, Ryan Slott Quote Name: Option 2 WBonding SHIP TO Babe Zaharias Park - Playground 1750 Interstate 10 East Beaumont, TX 77702 Option 2 Drawing:KPS-28424-2 Sheet:K.2 Date:12.1.2022 DISCBB Proposal Includes Discount on BuyBoard Purchase, Buy Board Contract #679-22 Playground 1 PS3-70570 Playunit for ages 2 to 12 years old, by Superior Playgrounds Safety Surfacing 62 EWF Engineered Wood Fiber for playgrounds cu, yd. 1 APS-SWINGMAT Swing Wear Mat, Tx5'x2", by Action Play Systems Tx5'x2" 135 2 APS- Swing/Slide Wear Mat, 40"x40"x1.5", by Action Play Systems 40"x40" 65 SWING/SLIDE x1.5" MAT 1 FABRIC Polyspun Soil Separator, 1800 SF. ADA RamplBorders 33 APS-BORDER12 12"x4' Playground Border with Spike by Action Play Systems 1 APS- ADA Full Ramp System with spikes for use with 8" or 12" borders by Action flay ADAFULLRAMP Systems 1 BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. Total Page 1 of 5 Natural 6'X300' 40 12" black black $79,403.61 initials Kraftsman COMMERCIAL. PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 QUOTE #Q77525 Date: 0513012023 Project: 28G24 Created By: Ryan Slott Quote Name; Option 2 WlBonding Page 2 of 5 Special Terms and Conditions 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. Excavation and Drainage of area for fall surfacing. Removal of existing fall surface materials. Removal of existing equipment. Storm Water Pollution Controls for project site. Temporary security fence during construction. Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. Shade systems or site amenities. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. 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. Insurance Terms: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage's if required. Credit Card terms: If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card, there is a 4% processing fee charge. Monthly Progress Billings All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Delivery and Unloading: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the site at the time of installation. initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2266 Locating for Underground Utilities: QUOTE #Q77525 Date: 05/3012023 Project: 28624 Created By: Ryan Slott Quote Name: Option 2 WlBonding Page 3 of 5 Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. • Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following; electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. • Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner's expense and responsibility. Installation: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Project Completion: 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, issuance of building permits if required, weather permitting. Lead Times: Lead Times are after approval of all Initial submittals/colors, 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 Force Majeure: Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due) by reason of any event beyond such Party's reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party's failure or delay in performance due to force majeure must be given to the other Party within (20) days after its occurrence has become identified by the Party. All delivery dates under this Agreement that have been affected by force majoure 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.0 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. Initials K rafts m an COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 QUOTE #Q77525 Date: 05/30/2023 Project: 28624 Created By: Ryan Slott Quote dame: Option 2 W/Bonding Page 4 of 5 initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone- (281) 353-9599 Fax: (281) 353-2265 General Terms and Conditions Bill To: Ship To: Beaumont, City of Terms: Percentage Completed Draws CONDITIONS OF SALE QUOTE #Q77525 Date: 05130/2023 Project, 28624 Created By: Ryan Slott Quote Name: Option 2 WtBonding Page 5 of 5 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full Is received. The right to enter the property and repossess said equipment Is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered In accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris county. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications. 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5% per month will be assessed on all past due amounts, 8. Payments to Kraftsman by credlt card will incur a processing fee of 4% for Visa and MasterCard, and 6% forAmerican Express 9. Installation services Include all labor, equipment required to complete the job, and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces, le. rock, landfril, etc. Price quoted includes Kraftsman's standard insurance coverages of $2 million In General Liability & Completed operations, $1 million in Automobile liability, $1 million per occurrencel$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional Insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges, No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line Item In proposal, 10, Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line Item In the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote If not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. Respectfully Submitted Date May 30, 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 suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature Printed Name & Title Authorized Signature Printed Name & Title Date of Acceptance WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! RECREATION GameTime c/o Cunningham Recreation 03/24/2023 PO Box 240981 Quote # Charlotte, NC 28224 164866 01 01 800.438.2780 704.525.7356 FAX Combest Park City of Beaumont Ship to Zip 77701 Attn: Milton Zachary 3395 Blackmon Lane Beaumont, TX T7701 Phone: 409-861-1929 Ext. 1223 mzachary@beaumonttexas.gov 1 11924 GameTime - PrimeTtme Redmond- $20,298.00 $20,298.00 *Sale price on unit while supplies last. Please check availability before placing order. 1 178749 GameTime - Owner's Kit $84.00 $84.00 1 62821 GameTime- Raccoon Spring Rider $1,345.00 $1,345.00 1 1313 GameTime - Graduated Balance Beam $1,373.00 $1,373.00 1 P831 GameTime - T-Swing (Painted),3 112" Od $1,563.00 $1.563.00 2 8696 GameTime - Enc1 Seat 3 112"(8696) $456.00 $912.00 1 12583 GameTime - Ada Primetime Swing Frame, 3 10 Od $1,799.00 $1,799,00 2 8910 GameTime - Belt Seat 3112 Od(8910) $366.00 $732.00 2 161290 GameTime - Geo-Textile 2250 Sqft Roll $1,092.00 $2184.00 186 EWF GT-Impax - Engineered Wood Fiber Safety Surfacing (CY)- $25.69 $4,778.34 . Area: 3,752 Sq.Ft. • Thickness (Compacted): 12" Comments * Site must be clear, level, free of obstructions, and accessible. Site should permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional costs. * Taxes, if applicable, to be applied at the time of invoice. Please provide a copy of your tax exempt certificate to avoid the addition of taxes. Page 1 of 3 GameTime c/o Cunningham Recreation 03/24/2023 PO Box 240981 Quote # 1 Charlotte, NC 28224 164666-01-01 r fit�g 800.438.2780 a' oni,.,,e r},> ,; . ri.�,r, 704.525.7356 FAX CUNNINGHAMM& RECREATION Combest Park GAMETIME - TERMS & CONDITIONS: • PRICING: Due to volitile economic demand, pricing is valid for 30 days, Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. • TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre -payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted (if you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.). Checks should be made payable to Playcore Wisconsin, Inc, d/b/a GameTime unless otherwise directed. • CREDIT APPLICATION: Required for all non -governmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due, CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash -with -order (CWO) discount. ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/bla GameTime. FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. SHIPMENT: Standard Lead time is 12-14 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt: RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges, Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. INSTALLATION CONDITIONS: ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery: STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. FOOTER EXCAVATION: Installation pricing is based on feeler excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes, Owner is responsible for locating any private utilities. ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation, If additional site work or specialized equipment is required, pricing is subject to change. Page 2 of 3 ;. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 y'd 800.438.2780 704.525.7356 FAX CUNNINGHAM RECREATION Com best Park ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed), Title: Telephone: Fax: RO, Number: Date: Purchase Amount: $46,667.70 SALES TAX EXEMPTION CERTIFICATE #: (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature BILLING INFORMATION: Bill to: Contact: Address: Address: City, State: Tel: E-mail: SHIPPING INFORMATION: Ship to: Contact: Address: Address: City, State: Te I: E-mail: Fax: Fax: Customer Signature Zip: Zip: 03/24/2023 Quote # 164866-01-01 Page 3 of 3 Kraftsman COMMERCIAL PLAYGROUNDS � WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 -�'TmQ�� Beaumont, City of t. 409-880-3792 Mr. Kenneth Raggette Babe Zaharias - Swings 1848 Pine Street Beaumont, TX 77703 Terms: Net 30 days SHIP TO Babe Zaharias - Swings 1750 Interstate 10 East Beaumont, TX 77702 QUOTE #Q76598 Date: 0311 B12023 Project: 29059 Created By: Ryan Slott Quote Name: 3-Bay Arch Swings Location (TBD) Drawing:KPS-29059 Sheet:K.2 Date:3.14.2023 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #679-22 Swings 1 TFR3503XX Arched swing frame 3.5", 3 bays, by Superior Playgrounds 2 90015108XX Belt swing seats, molded belt seats with galvanized triangle hardware and high carbon 8' beam steel spring inserts. Includes galvanized chain and hardware for 8 ft swing frame (sold as a set of two), by Superior Playgrounds 1 TFRO662XX See Me Swing for ages 24-47 months by Superior Playgrounds 1 KBUCKETSWIN Single Full Bucket Swing Seat, High Back, with chain and connection hardware G 5 APS-SWiNGMAT Swing Wear Mat, Tx5W", by Action Play Systems Sx5'x2" Surfacing 84 EWF Engineered Wood Fiber for playgrounds cu. yd. 1 FABRIC Polyspun Soil Separator, 1800 SF, 6'000' 39 APS-BORDER12 12"x4' Playground Border with Spike by Action Play Systems 12" 1 APS- ADA Hair Ramp System for use with 8" or 12" borders by Action Play Systems ADAHALFRAMP 1 BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. NOTE Location to be approved by Kraftsman prior to acceptance of proposal to ensure accessibility and location is acceptable for Installation Total: Page 1 of 5 red, yellow, green, blue, black or tan 135 Natural 40 black black $26,783.62 initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Maude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Special Terms and Conditions Delivery and Unloading: QUOTE #Q76598 Date: 03t1612023 Project: 29059 Created By: Ryan Slott Quote Name: 3-Bay Arch Swings Page 2 of 5 Customer is responsible for insuring 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 direct delivery 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. Delivery drivers are not required, or provided for unloading the materials/product from the truck. Kraftsman is not responsible for unloading said items. 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. Excavation and Drainage of area for fall surfacing. Removal of existing fall surface materials. Removal of existing equipment. Storm Water Pollution Controls for project site. Temporary security fence during construction. Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. Shade systems or site amenities. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. 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. Insurance Terms: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage's if required. Credit Card terms: If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card, there is a 4% processing fee charge. Monthly Progress Billings All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Delivery and Unloading: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the site at the time of installation. Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Locating for Underground Utilities; QUOTE #Q76598 Date: 03116/2023 Project: 29059 Created By: Ryan Slott Quote Name: 3-Bay Arch Swings Page 3 of 5 • Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked by 811 prior to work done by Kraftsman. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. • Customer is to locate, mark, and provide Information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water Imes, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner's expense and responsibility. Installation: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Project Completion: 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, issuance of building permits if required, weather permitting. Lead Times: Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Superior Playground - lead time for items to ship is 14 weeks for steel playgrounds Force Majeure: Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due) by reason of any event beyond such Party's reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party's failure or delay in performance due to force majeure must be given to the other Party within (20) days after its occurrence has become identified by the Party. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of compliance with governmental orders or directives. Li Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 QUOTE #Q76598 Date: 03//612023 Project, 29059 Created By; Ryan Slott Quote Name: 3-Say Arch Swings Page A of 5 Storage Fees: Please review lead times for production and shipping, If for whatever reason customer or customer's site is not ready for installation of product within 4 weeks of arrival from manufacturer at Kraftsman warehouse, a storage fee equal to 2% of the product will be Incurred monthly to be paid at time of installation. 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. Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road: Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Bill To: Beaumont, City of Terms: Net 30 days CONDITIONS OF SALE General Terms and Conditions Ship To: QUOTE #Q76598 Date: 03/16/2023 Project: 20059 Created By: Ryan Slott Quote Name: 3-Bay Arch Swings Page 5 of 5 t , Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment In full Is received. The right to enter the property and repossess said equipment Is hereby granted to Kraftsman Commercial Playgrounds and Water Parks If payment Is not rendered In accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court, 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue In Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications, 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5% per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will Incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express 9. Installation services include all labor, equipment required to complete the job, and insurance coverage's as required by law. Extra installation charges wilt incur for abnormal sub surfaces, ie. rook, landfill, etc. Price quoted includes Kraftsman's standard insurance coverages of $2 million In General Liability & Completed operations, $1 million In Automobile Liability, $1 million per occurrencel$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item In proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and Irrigations systems during Installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities & municipalities are not Included and are the responsibility of the owner of the property, unless specifically included as a line item In the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. Respectfully Submitted Date March 16, 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 suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature Printed Name & Title Authorized Signature Printed Name & Title .m Date of Acceptance WE STRONGLY RECOMMEND A RESILIENT FALL. SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARK 19535 Haude Road Spring, TX 77388 Phone: 01) 353-9599 Fax: (81) 363-2265 BILL TO Beaumont City of k,.b 409-880-3792 Mr. 1<enneth Raggette Babe Zaharlas Farb - Playground 1848 Pine 91reet Be-r-atm ntt TX 77703 QUOTE #Q77525 Cate; 0613012023 Pre)eots 28624 Created By; kyon Slott Quote Narna., Option 2 /130ndl SHIP T Babe Zaharlas Patric w Playground 1760 Interstate '10 East eaLlmont, TIC 77702 Page I of 6 Safety Surfacing 62 � Engineered Wood Fiber for playgrounds ou. yd. Natural i APS-SWINGMAT Swing Wear Mat, 3`x5'x2", by Action Play Systems 31x5Px2" 135 APS- Swing/Slide /Slide Wear flat, 40"x40" 0 5'. by Aetlon Play Systems 6 40"x40" 6 xi 15" 1 FABRIC Poi Spun Soil Separator, 1800 8F. VX30' 40 IAA Rampffl rder 7 33 AP -B DER1 1 "x4l Playground Border with Splice by Action Flay Systems 12It black 1 APS- ADA Full Ramp System with spikes for use with 811 or 1211 borders by Action Play blank ADAFULLRAMP Systems 1 BOND1 Performance & Payment Surety Band, and processing of the bead documentation, Total: $7%403.51 J// )' Initials \If. COMMERCIALKraftsman QUOTE #Q77525 PLAYGROUNDS Cute; 0613012023 VVATEPRK 19635 Haude Road Creatod BY: RYan Stott Spring, Tx 77388 unto Nano: OPU011 2 W/Bonding 11t ;(281) 363..96gg Fait: 1) 363-2266 Special Terms and Conditions items not icludedg These Items are not Included: • Finish 1ar�dcaping, sodding or seedlr� of disturbed areas, All dlstui�bodi areasto be leveled and �°�� out. 1 Concrete lead walks or adjoining observation concrete deck areas. Excavation and Drainage of area for fall surfacing, Removal of existing fail surface materials. Romov l of OxIstiN equipment. Storm Water Pollution Controls for project site Temporary securtty fenoe during onstruetie�11 Slt usage sig��age for use Instructions, rules safety, Off` or orgenoy notifications as noe ed or required, . Shade systems or site amenities. Buy Board; aunts or Board program to reflect established discounts. l�ropoai ls submitted with applicable disc � Sales Tax emf: Custom is to supply Sales Tax Exemption or Sales Tax Resale certificate at Sales tax is not included in pr[ces quoted. t or the project, F proposal, or sales tax will be added to (Inal contract and invoicing too of acceptance of ro i, Insurance Terms, ors ire the limits of covorage, See terms page for details and charges rafts ran will supply a certificate of insuranceg for naming additional insured parties or adding special coverage's If required, Credit hard terms* o ' o ossln fee charge, if paying y Visa or Master Card, there is a 4% If paying by American Ex re f there is a Processing fee charge, Monthly Progress B1111119s of the last day of the month shall be billed on or before the t1� of said Pail Cori completed and materials stored a y month. Payments to be recolved by the 1 th of the foilo ring month, ShIpping Charges to all shl in and handling charges on quote are firm for duration of g days. Unless noted other Ilse on quote, � Delivery andUnload-Ig: if installation is purchased. K raft r an is responsible for ensuring that adequate staff and equipment resources are rotor freight carrier and secure storage of equipment upon receipt frot�r f available for timely off-loading, safe ha�ndling+ n g installedequipment, eats, Unloading of materials from the truck will potentially requiro ateriai haf�diit� g ��foduct hilt i.e i ��e��# from the delivery truck, �-� Most uses when raftsr�an is installing a forklift, ballet taa�, to properly � er�ove equ � project the product will e rocaived at irftman 's Warehouse and stored until needed on the project, Then transported to the site at the time of installation, Initials KraftsmanQUOTE flQ77525 COMMERCIAL PLAYGROUNDS & V tet 0 1 o1 c23 WATER PARKS Project: 2862 19535 Haude Rand Created By., Ryan Slott Spring, TIC 77388 Quote Name: e; option 2 W/ ondinrg Phone: 1) 353-9599 ray.: (81) 353-2265 Page 3 of Locating for Underground Utllltl m, draft man will call and arrange for utility locating with tho public utilities stake out providers, All Public Utilities, Including Phone, j ay ElectI,IF cal Gas, Cable, and Fiber Optics are to be staked prior t installation, r ftsman will arrange with Public I � 1� Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. F s is to locate mark, and provide Information for all prlvatel ► owned utilitles that are not narked b the Public Customer a Utility providers, for all utilityi service lines below grade that are privately owned. These will nclude any and all of the following electrical, water lines, gas lines, irrigation lines, sewer and steno linos, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. it Kr mn is not responsible for any underground utilities which are not marked ol# located by the owner or public utilities stake out providers, Damages es to underground utilities for electrical, water, Irrigation, and other listed above will not be repaired by Kraftsman and,will be the owner's oxpense and responsibility. ' Installation: k . Installation quoted Includes; Receiving and unloading of o uipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. project completion: to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the Allow � following has boen completed and approved by the Customer: t Project product submittals roviered, approved and returned. Completed Color selectlon sheet (signed and dated) Physical project address All contact names and phone nrbers Eemptlon OertfflCM6 Doposit per contract Allow adequate time for processing and procuring construction permits if required. Y atel to weeks for reject completion upon quipment deliver, from manufacturer, Issuance of building Allow approximately p Permits if required, Breather permitting. Lead Times: I,..ead Times are after approval of all Initial submittals/colors, and begin once the order is planed with the manufacturer, up erlor Playground - lead time for items to ship is8-9weeks for steel playgrounds Force Maje r : Each Party sha ll be excused from ila lilt r for the failure or delay In performance of any obligation under this Agreement an failure to make payment when due) by reason of any event beyond such Part 's reasonable control Including tether` than p but not lIm Ited to Acts of God, fire, flood, explosion, earthquake, pandernic flu, or other natural forces, governmental order, S or directives war, civil wm rest, acts of terrorism, accident, destruction or other caSLIalt , alack or fallul-0 of transportation acilltles air laic or failure of supply of raw materials, or any other event similar to those enumerated above.Suoh excuse from liabilityshall be offoctive only to the extent and duration of the event(s) causing the failure or performance and provided that the Peirt}r has not caused such events to occur, l lotlee of Party's fallur4e or delay lr� p performance due to force maileure roust be given to the other Party wlthl(20)days after Its occurrence has delay in p � o that have been affected b force rr�ajeure shall be become identified by the Party. All delivery datos under this Agreement t tolled for the duration of such force majeure. in no event shall any Party be required to prevent or settle an labor disturbance or dispute, or to act outside of compliance with governmental orders or directies. 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. Initials Kraftsman WATERCOMMERCIAL PLAYGROUNDS PAC 16 Hine Rath Spring, TX 77380 Initials �. QUOTE #Q77525 Date: 06/3012023 Prr eot: 28624 Created By.' Ryall Slott Pap 4of Kraftsman GOMMERCIAf. PLAYGROUNDS WATER PARKS 19636 Hau e Road p rl n, TX 77388 Phone; (6 - Fax: ( i 1) 363-2266 13111 To: Beaumont, Olty of Terns; Percentage Completed Draws CONDITIONS OF SALE General Terms and Conditions Slip To,. QUOTE #Q77525 Date: 05/30/2023 Created By; Ryan Stott Quote Name: Optlon 2 W/Bonding Page 6 of 1. Any alteration or deviation from above specificatlons Involving extra costs will bo oxecuted only upon written orders, and N9111 become an extra charge over and above the con(ract. 2. o returns of merchandise wl1l be accepted unless previously authorized In writing by Kraftsman. All returns are subject to restocking fee of % plLI freight charges Incurred for return to origlnetl shipment orlgInatlon, , Title for all equipment Is reserved by Kraftsman an omm.orclal Playgrounds and water Parks untli payment In full l received, The right to enter the property and repossess siald equipment is hereby granted to Kraftsinan Commercial Playgrounds and Water Parks If payment is not rendered In accordance with tho terms above. All payments made prior to repossession under this oontraot shall be forfeited to Kraftsman Commercial Play rounds and Water Darks as cost Incurred to recover (lie egUIp ent, Repossession of product sloes not waive any lama ee or costs due a awarded by the court. 4•1 All collections or lltigatlon concerning this contract shall be governed by 1ho laws of the State of Texas, with vonue In Hards Counter. , Kraftsman an warranties the morchand1se on this proposal to be up to the manufaoturers published standards as to materlal and workmanship. Soo catalogs or attached drawings for speclflo layouts, warranties, and $poolfloatlons, Kraftsman reserves the right to revlow oontraot for final acceptance by niana ement and to make oorrections of olerical errors. 7, A service charge of 1.6% per month will be assessed on all past due amounts. 8, Payments to Kraftsman by credit card will incur a processing foe of 4% for Visa and MasterCard, and % for Arnerloan Express . Installation services include all labor, equipment required to complete the job, and Insurance coverage's as required by law, L tra installatlon charges will Incur for abnormal sub surfaces, le, rooks landfill, eto, Price qLloted Includes l raft an's standard insurance coverages of llllon I General Uablllty & Completed operations, 1 m illon In Automoblle Liability, 1 ,minion per occurrence/ aggregate In Workman's Compensation. Any charges by Krakftsrnan's Insuranco carrtor or agents for adding General Contraotor or Owner as additional insured, waivers of subrogation, or changes to standard coverage small be added to contract charges, No performance bond or labor and matetlal payment bonds shall be provided by Iraftman, unless listed as Individual lime Item In proposal. 10. Kraftsman Commerolal playgrounds and water Parks Is not liable for damages to € nderground utlli#les, and irrigations systoms during Installation. It Is the customers responsibility to locate all underground utilitles, 11, Building permits required by local or state authoritles A rnunlolpalitles are not Included and are [lie responsibility of the owner of the property, unless specifically Included as a lire Item In the proposal, If you want Kraftsman to handle required permitling please contact our once and we will provide a quote If not Included as a line Itarn within (his proposal. 12. This proposal may be withdravm by Kraftsman if not accepted wlthln thirty ) days. Respectfully Submitted Date May 30, 2023 Acceptance of Proposal: Ryan Slott The prises, speolflo tion and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment wlll be made as outlined above. If contract is placed with an attorney for suit or cello ti n through probate, bankruptcy or other legal proee dln s, customer agrees to pay all expenses and reasonable attorney fees Incurred. Any verbal Instrudons, agreements, or pro, ices are not. valld unless written s part of this contract. rt. A ufh oriz&d Signature Poll: Printed l amo & Tilts Date ofAcce lance Authotized SIgnature Printed Name & T fie WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL FLAY & FITNESS E UIPMENr Thank Youi We AppreciateYour Businessf