The URL can be used to link to this page

Home My WebLink AboutRES 23-170RESOLUTION NO. 23-170 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 Charlton Pollard Park in the amount of $112,966.49 from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas. 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 27th day of June, 2023. '44NN C r Roy West - • Kraftsman COMMERCIAL PLAYGROUNDS & KRAFTSMAN WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 BILL TO Beaumont, City of <. 409-880-3792 Mr. Kennet} Raggette Chariton Pollard - Playground 1848 Pine Street Beaumont, TX 77703 Terms: Percentage Completed Draws QUOTE #Q77526 Date: 05130/2023 Project: 28379 Created By: Ryan Slott Quote Name: Option 1 Updated SHIP TO Charlton Pollard - Playground 2090 Irving Ave (pkg lot entry off Mary St) Beaumont, TX 77701 Option 1 Drawing:KPS-28379 Sheet:K,2 Date:10,21,2022 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract 4679-22 Playground 1 PS3-70570 Playunit for ages 2 to 12 years old, by Superior Playgrounds Spinner and Rocker 1 RC-1200SR-KP Ascend 9 Ft Web Whirl Rope Climber by Superior Playgrounds 1 90018204XX Two -Seat Retro Rocker by Superior Playgrounds 6.5'x1.5' MUSIC 1 FWR-O-IG-SRP- Orange Flower Shaped Bell Style Musical Instrument, 4 Notes, with attached mallet, KP inground mount by Superior Playgrounds 1 FWR-T-IG-SRP- Turquoise Flower Shaped Bell Style Musical Instrument, 4 Notes, with attached mallet, KP Inground mount by Superior Playgrounds 1 MELD-IG-REC- Melody, xylophone style musical instrument, 9 notes with two attached mallets, dark SRP-KP walnut recycled post, inground mount by Superior Playgrounds 1 BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. Total: Page 1 of 5 orange turquoise $112,966.49 Initials Kraftsman QUOTE #Q77526 COMMERCIAL PLAYGROUNDS & Date: 05/30/2023 WATER PARKS Project: 28379 19535 Maude Road Created By: Ryan Slott Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Quote Name: Option 1 Updated 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. *Customer to remove/haul away old playground `Customer to install new safety surfacing 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, Le, 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 #Q77526 Date: 05/30/2023 Project: 28379 Created By: Ryan Slott Quote Name: Option i Updated 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 Slake 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, sower and storm linos, 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. 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 events) 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.❑ 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 a n COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 QUOTE ##Q77526 Date: 05/3012023 Project: 28379 Created By; Ryan Slott Quote Name: option 1 Updated Page 4 of 5 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 3-4 weeks for musical play equipment, 8-9 weeks for steel playgrounds, and 12 weeks for rope climbers 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: Percentage Completed Draws CONDITIONS OF SALE General Terms and Conditions Ship To: QUOTE #Q77526 Date: 0618012023 Project: 28379 Created By: Ryan Slott Quote Name: Option 1 Updated 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. S. 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 will incur for abnormal sub surfaces, le, rock, landfill, etc. Price quoted includes Kraftsman's standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$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 Ifne 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 & munlcipalilies 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 once 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 POLE 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! Kraftsman COMMERCIAL PLAYGROUNDS & NEATER PARKS 1 535 Maude Road Spring, TX 77388 Phone: 81 353-959 Fax: 2 1 353-2265 Bill To: Beaumont, City of Te rt s: Percentage Completed Draws CONDITIONS OF SALE General Terms and Conditions Ship To: QUOTE #Q77526 Cate: /3012023 Project: 2379 Created y: Ryan Slott Quote Name: Option 1 Updated Page 6 of 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 l raftsman. All returns are subject to restocking fee of 2 % plus freight charges incurred for return to original shipment origination. . Title for all equipment is reserved by lraftsrnan Commercial Playgrounds and water Parks until payment in full is received. The right to eater the property and repossess said equipment is hereby granted to F raftsman Commercial Playgrounds and eater Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall he forfeited to l raftsrnan 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. . All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County, , l r ftsman 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. . l raftsrnan reserves the right to review contract for final acceptance by management er ent and to make corrections of clerical errors, 7. A service charge of 1. % por month will be assessed on all past due arnounts. . Payments to I raftsrnan by credit card will incur a processing fee of 4% for Visa and MasterCard, and % for American Express 9. Installation services include all labor, equipment required to complete the job, and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces, 're. rock, landfill, etc. Price quoted Includes I raft r an's standard insurance coverages of $2 million in General Liability & Completed operations, 1 million in Automobile Liability, 1 million per occurrence/ 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. to performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10. t raftsrnan 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 Kraftsm an 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 Craftsman if not accepted within thirty 3 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 w!th an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred, agreements, or promises are not 'd-u fes .-written as part of this contract. Authorized Signature �* Pot : Printed Name & Title fate of Acceptance Authorized Signature Printed Name & Title Any verbal instructions, WE STRONGLY LACOM END A RESILIENT FALL SURFACE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Businessl Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 H ude Road Sprhig� TX 77380 Phone: 1 3 - Fax: 81) 353-2265 ILA. T Beaumont, City of ygB -37g2 Mr, Kenneth l aggatte Charlton Pollard - Playground 1848 Phe Street a Beaumont, ono, TX 77703 Terms: Percentage Completed Drags QUOTE VQ77526 Dato: /301 023 Proeot; 2337 Created By: Ryan Stott Quote aye; Option 1 Updated Charlton Pollard - Playground 2090 living Ave (I)kg lot entry off Mary St eau ont, TX 77701 013tion 1 Dra ing: K P 8 -28 3 7 g Sheet: K.2 Date: 1 g. 1.2 2 DIS BB 's Proposal Includes Dlseeunt on 13 uyBoard Purchase, Bu Board Conlract. t/ 'T -22 Playground I P 3-70 70 Playunit for ages 2 to 12 years old, by Suporlor Playground Spin ter and !offer I IBC-1 0 I -IMP Ascend 9 Pt Web WhIrl Rope Climber by Superior Playgrounds I 9OOi82O4XX Two -Seat elro Rocker ker by Superlor Playgrounds . `X1. ' Music i FW - -I -SI P- Orange Flower Shoped Bell Style Mu sloeI Instrument, 4 Notes, with attached mallet, P In ground mount by 8 upador Playo rounds I FWR-T-t -S P- Turquelse Flower Shaped Bell Stylo ll usl al Instrunio t, 4 mates, with attached mallet, K P ingrou d mount by Superlcr Playgrounds i l LD-IG- E - Melody, xylophono style musical Instrument, 9 notes with two attached mallets, dark P-I P walnut recycled pest, Inground mount by Superior Playgrounds 1 B I DI Perfomian o & Payment Surety Bond, and processing of ttre bond do umentallon. Total: I Page 1 of orange turquoise $112,966,49 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19636 Haude toad Spring, TX 77388 Phone: 2 3 3F Fax; (2 `) 353-2265 QUOTE 1 Date: 010122 Created By; Ryan Slott Quote Name; Option I Updated Page 2 of Special Terms and Conditions Items not included: These Items are net Included: Finish landscaping, sodding or seeding of dlsturl ed areas, All disturbed areas to be leveled and raped out. Concrete lead walks or adjolning obseivation concrete deck areas, x avation and Dralnarge of area for fall surfacing, Removal of a Isting fall surface materials. Removal of existing equipment, Storm Water Pollution Controls foi- project site, ' Ted�porary security fence du'Ang construction. -,�Ita.Qsage sign aga for use ,Instructio , rules, safety, or e rnerg enoy nolifi atior s as needed or required. Shade systems or site amenitles, *Customer to remove/haul away old playground *G storner to install new safety surfacing Buy Board., Proposal Is submitted with applicable discounts per Buhr Beard program to reflect established discounts. Sales TaxExempt: Sales tax Is not Included In prices quoted. Customer Is to supply Sales Tara Exemptlon or Sales Tax Resale certifloate at time of acceptance of proposal, or sales tax will be added to final contract and Involcing for the project. Insurance Terms: i raftsman will supply a certl sate of Insurance verifying the limits of coverage. See terms page for details and cleat -gas for naming additional insured pariles or adding special coverage's if required. Credit Card terms; If paying by American Express, here Is a % processing fee charge. I.f paying by Visa or 11 a§ter Card, there Is a % 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 2 th of said month. Payments to he racelved by the I Sth of the following month. Shipping Charges Unless noted otherwise on quote, all slipping and handling charges on quote are firm for duration of 90 days, Delivery and Unloading: If Installation Is purchased: l raftsman 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 Ill potentially require material handling equlprnent, Le. forklift, pallet Jasl e , to properly remove equipment from the delivery truck. In Most Cases when Kr+aftsmaln Is Installing a project the product will he received at t raftsman'a Warehouse and stored until needed on the project. Then transported to the site at the time of Installation. /1)[1/813 � V, Kraftsman QUOTE #Q77526 COMMERCIAL PLAYGROUNDS & Date., 05130/2023 WATER PARKS Project:28379 19635 Haute Road rented By: Ryan Slott Spring, TX 77308 Quote Name: Option I Updated Phone: 8 3 3,-9 99 Fax: 2 1363-2266 Page 3 of Locating for Underground Utilities: l ratt rnan will call and at -range for utility locating with the public utilities stake out providers. All Public Utilities, Including Prone, Electrical, Gas, Cable, and Fiber Optics are to be staled prior to Installation, t raftsr an will arrange with Public Utility Stare Out providers for a date that (his is to be comploted prior to Kraftsman arriving on site. Customer is to locate, mark, and provide Information for all privately owned utilities that are not marked ed by the Public Utility Providers, for all utility service lines below grade that are privately owned. These gill include any and all of the following: electrical, water lines, gas lines, Irrigation lines, sewer and storm lines, cable service lines, fiber optle or other IT lines, which are privately owned by the property owner. • i raMftar an Is not responsible for any underground utilities wl lch are not marked ed 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 i raftsman and will be the own is exO.ense and responsibility. ;� Instaliatlo Installation quoted Includes: Receiving o d unloading of equipment, excavation of required footings, a embly of structure, concrete for footings, and all equipment necessary for Installation. 16 ProjectCompletion: Allow 2 to 4 weeks for preparation of plans,- dt wings, and submIttals after acceptance of proposal provided th at the following has been completed and approved by the cur for r: Project produot submittals reviewed, approved and returned. Completed Color selection sheet (signed and dated) • Physical project address r • All contact nacres and phone number Exemption cerllfieate i Deposit per contract Allow adequate titre for processing and procuring construction permits If required. Allow approximately 3 to 6 weeps for project completion upon equipment delivery from manufacturer, issuance of building parmits If required, weather permittln . Force [1 a eure; Each Party shall be eXCLIsed from liability for the: faIlure or delay in per ormance of any obligation under this Agreement (other than failure to make payment ent 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, pandemle 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 faciritle , any lack or failure of supply of raw materials, or any other event similar to those enumerated ted abovox Such excuse from liability shall be effective only to (lie extent and duration of the events causing the (allure or delay In performance and provided that the Party has not caused such event(s) to occur. Notice of a Pakrty's failure or delay In performance due to force r ajour~e must be given to the other Party within g days after its occurrence has become ldenti ed by the Party. All delivery dates under this Agreement that have been affected by force r ajeurre shall be tolled for the duration of such force r ajeure. In no event shall any Warty be required to prevent or settle any labor disturbance or dispute, or to act outside of compliance with governmental orders or directives.n Bonding I eluded: Performance and Pa niont bonds are included In this quote and will be provided after a signed quote or contract Is returned to i rftsrnan. Maintenance Bonds are not Included. /n/11018 - 'V) 4 Kraftsman COMMERCIAL PLAYGROUNDS WATER PARKS Spring, TX 77380 hono: (1) 363.9619 Fax: 1) 353-2265 QUOTE #Q77526 Dato: 0613012023 Created By: Ryan Slott Quote Nampo Option 1 Updated Page 4 of Lead Times: Lead TImes are after approval of all Initial Ub lttels/colors, and begln once tha order Is placed with the manufacturer, Superior Playground - lead time for items to ship is 3-4 weeksfor nnusloal play equipment, -9 weeks for steel playgrounds, and 12 Meeks for rape climbers ` y _ F HUMS .0