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22-R-92 - Application for Community Coalition Partnership COVID-19 GrantRESOLUTION NO. 22 -R -92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN APPLICATION FOR THE COMMUNITY COALITION PARTNERSHIP COVID -19 GRANT FROM THE SAN ANTONIO COUNCIL ON ALCOHOL AND DRUG AWARENESS, AND RECEIVE FUNDS IF AWARDED, IN AN AMOUNT UP TO $100,000 TO PURHCASE SHADE STRUCTURES FOR CYPRESS POINT PARK, AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Schertz owns Cypress Point Park and city staff has determined it has a need for shade over the playscape structure; and WHEREAS, the San Antonio Council on Alcohol and Drug Awareness approached city staff about the Community Coalition Partnership COVID -19 Grant and potential for funding quality of life projects in Schertz; and WHEREAS, the goal of the program is to fund amenities that enhance quality of life and provide respite for people as we recover from the COVID -19 pandemic; and WHEREAS, the shade structures proposed for Cypress Point Park will enhance the visitor experience and provide a place for residents in northern Schertz to come together as a community as we recover from the COVID -19 pandemic. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes an application for the Community Coalition Partnership for COVID -19 Grant from the San Antonio Council on Alcohol and Drug Awareness, and receive funds if awarded, in an amount up to $100,000 to purchase shade structures for Cypress Point Park. (in attached Exhibit A.) Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 6t' day of September, 2022. ATST: Brenda Dennis, City Secretary (CIT' CITY OF SCHERTZ, TEXAS R p of #ez, Mayor Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353 -9599 Fax: (281) 353 -2265 BILL TO SHIP T QUOTE #Q74663 Date: 08/29/2022 Project: 28180 Created By: Ed Puente Quote Name: Cypress Point Park - 5526 Cypress Pt Page 1 of 5 Total: Initials $81,965.27 Schertz, City of ` 210- 619 -1850 Schertz, City of ` 210 - 619 -1850 Lauren M. Shrum Lauren M. Shrum 210- 619 -1853 City of Schertz Shade Structures City of Schertz Shade Structures 1400 Schertz Parkway 5732 Cypress Point Schertz, TX 78154 Schertz, TX 78108 Terms: Net 30 days QTY —Code Description Size Wei• Color Unit Price Ext. Price, 1 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard $0.00 Contract #592 -19 SHADE 1 KSHADEHIP Custom Rectangular Hip Shade Canopy, 38'x 34'x 14.5' eave $22,657.20 $22,657.20 height with glide elbows, four 16' columns mounted on base plates 6 " -18" below grade, by Superior Shade 4 PIERS36X132 Concrete piers for pavilion & canopy columns, with anchor bolts 36 "x132" $4,070.00 $16,280.00 set if required, with steel rebar reinforcement, By: Kraftsman 1 ENG622 Engineer Sealed Drawings of Shade Canopy and Foundations $1,200.00 $1,200.00 by Superior Shade SWING with Shade 1 RSW3516G 2 Bay Single Post Swing with Shade, 6 5/8" Posts, 8' Height, $9,836.00 $9,836.00 IPEMA Certified and ASTM F1487 -17 Compliant, by Superior Playgrounds 3 PIERS36XO72 Concrete piers for swing with shade. By: Kraftsman 36 "x72" $2,560.00 $7,680.00 1 90015108XX Belt swing seats S -02, 8' galvanized chain set. Includes one 8' beam red, yellow, $206.00 $206.00 pair of seats and hardware for one bay, by Superior green, blue, Playgrounds black or tan 1 9001513OXX Full Bucket Seats with galvanized chain and hardware, (1) pair, 8' beam red, yellow, $422.00 $422.00 for (1) bay, by Superior Playgrounds green, blue or black 2 APS- Swing Wear Mat, 3'x5'x2 ", by Action Play Systems 3'x5'x2" $193.33 $386.66 SWINGMAT 1 SRPSURCHG Material Surcharge on Playground equipment by Superior $1,935.84 $1,935.84 Recreational Products REMOVAL of EXISTING SWING to be hauled off and reset at new location by Cir F 1 REMOVE Removal of existing equipment By Kraftsman. City of Schertz $1,750.00 $1,750.00 staff to haul off and reinstall at another location. Item Subtotal: $62,353.70 Shippinq & Handlinq: $6,700.25 - $4,810.53 Equipment Subtotal: $64,243.42 Tax: $0.00 Install: $17,721.85 Total: Initials $81,965.27 Kraftsman QUOTE #Q74663 COMMERCIAL PLAYGROUNDS & Date: 08/2912022 WATER PARKS Project: 28180 19535 Haude Road Created By: Ed Puente Spring, TX 77388 Quote Name: Cypress Point Park - 5526 Cypress Pt Phone: (281) 353-9599 Fax: (281) 353 -2265 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. 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. 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. No Bonding Included: No performance, or payment bonds, and/or maintenance bonds are included. These are available upon request at additional cost for the bonds and processing. 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 #Q74663 Date: 08/29/2022 Project: 28180 Created By: Ed Puente Quote Name: Cypress Point Park - 5526 Cypress Pt 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: Haul off of soil and concrete spoils 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 fabric and cable system, and all equipment necessary for installation. Pier 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 of Canopies: Fabric Shade Canopies are designed to withstand normal wind loads and weather conditions, and will provide years of sun, heat, hail & UV protection with minimal maintenance. Warranties shall be void if damage to or failure to the shade 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. All fabric tops are warranted for sustained winds up to 76 mph and for gusts of up to 3 seconds duration up to 90 mph with no snow or ice accumulation. Damage caused by flying debris is not covered. Fabric is not warranted where it is installed on a structure that is not engineered or built by the manufacturer. Acts of Nature: Fabric Shade Canopy warranties do not cover natural disasters, such as earthquakes, shifts in terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Structures are warranted for winds up to 145 mph, only if the shade canopy fabric has been removed as per requirements by the manufacturer. Care must be taken during removal of canopies so as not to damage the fabric or connection points and hardware. Contact Kraftsman or the manufacturer of the canopy if there are questions in regards to proper removal and reinstallation processes and procedures. 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 Building Permits: Building permits are not included or provided. Engineer stamped plans 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 #Q74663 Date: 08129/2022 Project: 28180 Created By: Ed Puente Quote Name: Cypress Point Park - 5526 Cypress Pt Page 4 of 5 Lead Times: Lead Times are after approval of all Initial submittals /colors, and being once the order is placed with the manufacturer. Superior Playground - lead time for items to ship is 14 weeks for steel playgrounds, 15 weeks for recycled plastic playgrounds, and 20 weeks for rope climbers 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.0 Canopy Lead Times: Lead Times are after approval of all Initial submittals /colors, and being once the order is placed with the manufacturer. Shade Canopies with engineer sealed drawings - the lead time for the shade canopy to ship is 8 -10 weeks. General Swings to be REMOVED by Kraftsman and set aside for City of Schertz staff to haul off and replace at another location. Initials Bill To: Schertz, City of Terms: Net 30 days Kraftsman QUOTE #074663 COMMERCIAL PLAYGROUNDS & Date: 08/2912022 WATER PARKS Project: 28180 19535 Haude Road Created By: Ed Puente Spring, TX 77388 Quote Name: Cypress Point Park - 5526 Cypress Pt Phone: (281) 353 -9599 Fax: (281) 353 -2265 Page 5 of 5 CONDITIONS OF SALE General Terms and Conditions Ship To: Schertz, City 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 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 Hams 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 will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman's standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million 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 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 Auqust 29. 2022 Ed Puente Acceptance of Proposal: The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature Printed Name & Title Authorized Signature Printed Name & Title rZTi1i31 Date of Acceptance WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! a 1 a Z 0 CL N N W w CL V i m J r' W I .rT'• -r 1 1 i �C�z V/ W o n :D 6 R N a jn � Oil OA z m �r�ilt o 'ar =ri�v E 3 m �t7 "OW u a0 ao c ar a m` 'D m - ° L,J M =t om N O OA C tm �� in +'� in W LA �� H �' aO� M c 0 3 Olp W� X J D O a 0 0 0 Z N •a O c i0 ce u 0' � 0` = ;n CL C O ate+ 0 p 'O N K W m O o m m ate+ a N 0 a H w w ~ H 7 p a m u c w U- 1 i �C�z V/ W o n :D 6 R N