AIR-17-670 AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS

AGENDA OF: Regular Meeting - Oct. 23, 2017 DATE SUBMITTED: 25 Sep 2017 DEPT. OF ORIGIN: Capital Projects/Engineering PREPARED BY: Lindsay Koskiniemi

SUBJECT: Consideration and Possible Action – Resolution No. 2017-207 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in cooperative contracts through the Texas BuyBoard with Kraftsman Commercial Playgrounds and Water Parks for the purchase and installation of playground equipment associated with the Independence Park Project (Phase 1), in the amount of $308,728.00.

ATTACHMENTS: 09.28.2017 - Independence Park - Thursday Packet Memo Park Rendering 10.13.17 17.09.21 City Of Pearland IPark Playground Final Quote Independence Park Phase 1- Playground Equip.207 Playground Design

FUNDING: Grant Developer/Other Cash G.O. Bonds To Be Sold G.O. Bonds - Sold Rev. Bonds to Be Sold Rev. Bonds - Sold C.O.'s To Be Sold C.O.'s - Sold

EXPENDITURE REQUIRED: 308,728.00

AMOUNT BUDGETED: 4,496,050

AMOUNT AVAILABLE: 769,401.00

PROJECT NO: P20001

ACCOUNT NO: 506-300-345.5600.040 .

Page 1 of 21 EXECUTIVE SUMMARY

BACKGROUND

The Independence Park Improvements Phase I improvements are intended to lay the foundations for a City facility that can accommodate all types of special events and provide an innovative and vibrant outdoor venue that accommodates community interaction and entertainment. The project was approved in the 2007 Bond and, according to the park utilization survey, the park is one of the City's oldest and most recognized parks and has the second highest utilization of all City parks. The Phase 1 improvements include expansion of the lighting and electrical systems to accommodate special entertainment and arts events, updates to the existing pavilion, additional on-site parking, provide new upgraded restrooms, provide an upgraded park entrance that will accommodate shuttle bus loading and unloading and provide a sense of arrival when entering the park. The focus for parents of small children will be the playground amenities contained in this purchase. The subject contract is for the construction of a new inclusive playground to serve residents and visitors of all ages (5-12) and capabilities and provide a new, clean play area for children that meets national playground standards.

SCOPE OF CONTRACT/AGREEMENT

The Kraftsman Recycled Playstructure will include all playground equipment, shipping, and professional installation by Kraftsman Commercial Playgrounds. Playground equipment will include components for a playstructure recommended for ages 5-12, two handicap access points, four slides, balance beams, horizontal and vertical climbers, four covered areas, sandboxes with embedded fossils, and other amenities. The playground dimensions are approximately 54' x 47', with the tallest structure measuring approximately 19'. The capacity for the playground is 277 children.

BID AND AWARD

Competitive pricing was obtained through the Texas BuyBoard. A quote was provided for the playground components, their delivery and installation directly from the vendor, Kraftsman Commercial Playgrounds, in accordance with the specifications provided by the City's Landscape Architect, in the amount of $308,728.00. The contract meets all requirements of Texas Local Government Code Chapter 252 regarding competitive bidding by Texas municipalities. The price increased from the amount of $299,466.00 supplied in the Thursday Packet memo to $308,728.00, which includes a 3% charge for payment and performance bonds, which are statutorily required.

SCHEDULE

Construction of the overall park improvements is estimated to begin in the fall season. The total duration of the overall project is anticipated to be 365 days, with substantial completion in 320 days. The actual installation of the playground components will be coordinated with the work of the general contractor and subject to the project schedule and phasing.

POLICY/GOAL CONSIDERATION

The Independence Park Phase I Improvement project complies with several of council's strategic priorities including Parks, Recreation and Events, and Sustainable Infrastructure.

Page 2 of 21 CURRENT AND FUTURE CIP FUNDING/FINANCIAL IMPACTS/DEBT SERVICE

Funding Sources Amount

Certificates of Obligation 535,639 General Obligation Bonds 3,354,411

Other Funding Sources 606,000 Total Funding Sources 4,496,050

Prior Expenditures & Encumbrances Amount PER 29,437 Design 254,240 Land / ROW Construction 3,293,383 FF&E Total Prior Expenditures & Encumbrances 3,577,060

Funding Sources Less Expenditures & Encumbrances Amount Total Funding Sources 4,496,050 Total Prior Expenditures & Encumbrances (3,577,060) Available Funding Sources 918,990

Future Expenditures Amount

Construction Materials Testing 30,000 Playground 308,728 Stage 380,321

Total Future Expenditures 719,049

Available Funding Sources Less Future Expenditures Amount Available Funding Sources 918,990 Total Future Expenditures (719,049) Balance 199,941

O&M IMPACT INFORMATION

Year 2017 2018 2019 2020 2021 Operation and Maintenance Costs 55,779 57,582 59,445 61,371

Recommended Action

Page 3 of 21 Consideration and approval for City Manager or his designee to participate in cooperative contracts through the Texas BuyBoard with Kraftsman Commercial Playgrounds and Water Parks for the purchase and construction of a new playground at Independence Park, Phase I in the amount of $308,728.00.

Page 4 of 21

Memo

To: Clay Pearson, City Manager

From: Lindsay Koskiniemi, Project Manager

CC: Jon Branson, Deputy City Manager Trent Epperson, Assistant City Manager Robert Upton, P.E., Director of Engineering Skipper Jones, Assistant Director of Capital Projects Eric Wilson, Director of Public Works Chris Orlea, Ph. D., Director of Parks and Recreation Kim Sinistore, Executive Director of Visitor Center Bureau

Date: September 28, 2017

Re: Independence Park, Phase I Installation of New Playground, Stage, and Shelter

This memo provides information about additional purchase contracts for material and equipment to be procured directly by the City for the Independence Park Phase I Project. The Independence Park includes infrastructure improvements to reorient the park entry to Pearland Parkway, additional parking within the park, streamlined vehicular movement within the park, and expanded pedestrian pathways. Staff will be presenting two individual contracts with Kraftsman Commercial Playgrounds & Water Parks for these components on the October 9th Agenda for consideration and award. The contracts include design and construction for a stage/ dressing room building and for the installation of a playground as part of the Phase I project.

Background:

Talley Landscape Architects, Inc. was awarded a professional services contact to provide design services for this project in April 2016. Harper Brothers was awarded a contract for construction services for the Independence Park Phase I project at the September 18, 2017 meeting. That Agenda Item noted that Staff had negotiated two separate contracts with Kraftsman Commercial Playgrounds through the Buy Board purchasing cooperative. The stage building/ dressing room forms the centerpiece of the amphitheater for live entertainment events and the Playground forms the centerpiece of the all access children’s portion of the park. Together these form major portions of the park’s highlight attractions.

The playground contract includes relocation, replacement and expansion of the existing playground to an all-inclusive playground that provides access to serve residents with passive recreation opportunities for all age groups and abilities.

Kraftsmans proposal Q57936 contains the specifications for the Recycled Playstructure with Ramps a playground recommended for children ages 5 – 12 with a 277 person capacity that measures 54’ x 47’ with a use zone of 66’ x 59’. The playground amenities include: four slides,

Page 5 of 21

trapeze rings, balance beams, forts with rooftops, cargo net climber, foot bridges, three handicap access points, crawl tunnel, vertical and horizontal climbers, games, etc. The new playground will provide benefits to residents by creating an aesthetically pleasing play space for children to use. Other benefits of the Independence Park improvements include providing an inclusive destination place for residents and visitors to the City; increasing safeness by improving drainage at the park and providing a new and clean play area for children that meets national playground standards. The total cost of the new playground is $299,466.00

The second separate contract contains the design and construction of a stage building that will include the stage area, separate air-conditioned dressing rooms and private restrooms and electrical service capable of supporting an event lighting system above the stage planned for the future. Kraftsman proposal Q57617-2 provides information on the stage house, which includes the stage, metal building that includes dressing rooms and restrooms on a concrete foundation, plumbing and electric, with climate control in dressing rooms and restrooms. The stage and stage house will provide a public gathering space for arts, culture, and entertainment and a convenient place for performers to manage personal effects. The installation of the stage, structure, and stage amenities will benefit the City by providing an updated gathering space for cultural tourism, increasing visitor interest, and enhancing the artistic environment with a park setting and surrounding area. The total cost for the shelter and stage is $368,911.00

Both of these expenditures were included in the budget presented in the award of the construction contract on September 18th Council meeting. A Notice to Proceed is pending receipt of final permits.

Staff will recommend that Council award the two contracts totaling $668,377.00 with Kraftsman Commercial Playgrounds and Water Parks for the installation of a new playground and the design and construction of a stage building as described above.

Budget:

Budget Encumbered Change Orders Balance Prelim. Eng. $29,437.00 $29,436.68 $0.32

Land $0.00 Engineering $330,000.00 $254,240.00 $75,760.00 Construction* $3,446,613.00 $3,291,883.00 $154,730.00

FF&E $0.00 Contingency $300,000.00 $300,000.00 Total $4,106,050.00 $3,575,559.68 $0.00 $530,490.32

*CVB funds are allocated for FY18 in amount of $368,911 and will be added to project fund

Page 6 of 21

Schedule:

Construction duration is anticipated to be 365 days with substantial completion in 320 days.

Base Line Current Design Start April-16 April-16 Proposed Bid Start March-17 July-17 Proposed Construction Start September-17 Proposed Construction Completion August-18

Page 7 of 21

Page 8 of 21 Contacts Report Kraftsman Quote #Q57936-2 COMMERCIAL PLAYGROUNDS & Page: 1 WATER PARKS 19535 Haude Road Date: 10/3/2017 Spring TX 77388 18741 Phone: 281-353-9599 Project: Fax: 281-353-2265 By: Mark Reynolds

Pearland, City of To: To:

Lindsay Koskiniemi Sold Independence Park Playground Final Quote 9/21/17 Ship Independence Park Playground Final Quote 9/21/17 2559 Hillhouse 3919 Liberty Drive Pearland TX 77584 Pearland TX Phone: Fax: Main Phone: Mobile Phone: 281-652-1757 Terms: Percentage Completed Draws Monthly Qty Product Description Size Weight Color Unit Price Ext. Price Recycled Playstructure with Ramps Prices Based on BuyBoard Contract #512-16

1 R3FX-30055 R3FX-30055 - Nature - Independence 123,419.00 123,419.00 Park - V2, Custom Recycled Play Structure by Superior Playgrounds 1 Sandbox with boulders, embedded 45,000.00 45,000.00 fossils and poured in place around wheelchair access area. 1 5 Bay Swing Set 22,600.00 22,600.00 400 CONC CURB Concrete curbing installed to 6”x14” 42.00 16,800.00 6X14 surround play area. 6” wide x 14” depth. Minimum 300’ 450 PERFDRAIN 4” Perforated drain line w/sock and LF 20.00 9,000.00 pea gravel. Connected to catch basin within 10’ of each border at playground and swing area 400 EWFH Engineered Hardwood Fiber for cu. yd. Natural 31.00 12,400.00 playground and swing area

10 CUSHION-LG Dynacushion Play mat, 4’x6’x2” with 192 282.00 2,820.00 molded in anchor strap/rope by DynaPlay “Quote is based on the items above only and based on plan 17-05-02” “Price excludes taxes, permits and fees, landscaping and swpp ” 1 BOND1 Performance & Payment Surety Bond, 9,262.00 9,262.00 and processing of the bond documentation. 1 MAINT BOND Maintenance Bond and bond 0.00 processing for 1 year after completion, no charge

Page 9 of 21 Contacts Report Kraftsman Quote #Q57936-2 COMMERCIAL PLAYGROUNDS & Page: 2 WATER PARKS 19535 Haude Road Date: 10/3/2017 Spring TX 77388 18741 Phone: 281-353-9599 Project: Fax: 281-353-2265 By: Mark Reynolds

Subtotal: $241,301.00 Shipping & Handling: $11,890.00

Equipment Subtotal: $253,191.00 Tax: $0.00 Install: $55,537.00 Total: $308,728.00

Page 10 of 21 Contacts Report Kraftsman Quote #Q57936-2 COMMERCIAL PLAYGROUNDS & Page: 3 WATER PARKS 19535 Haude Road Date: 10/3/2017 Spring TX 77388 18741 Phone: 281-353-9599 Project: Fax: 281-353-2265 By: Mark Reynolds

General Terms and Conditions

Sold To: Pearland, City of Ship To: Independence Park Playground Final Terms: Percentage Completed Draws Monthly Quote 9/21/17

CONDITIONS OF SALE

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 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: October 3, 2017 Mark Reynolds 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: ______PO#: Printed Name & Title : ______Date of Acceptance: ______

Authorized Signature: ______

Printed Name & Title : ______

WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT

Thank You! We Appreciate Your Business!

Page 11 of 21 RESOLUTION NO. R2017-207

A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in cooperative contracts through the Texas BuyBoard with Kraftsman Commercial Playgrounds and Water Parks, for the purchase and installation of playground equipment associated with the Independence Park Project (Phase 1), in the amount of $308,728.00.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:

Section 1. That competitive pricing was obtained through the Texas Buy Board for the purchase of playground equipment to serve the Independence Park Project (Phase 1).

Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for the purchase of playground equipment associated with the Independence Park Project (Phase 1).

PASSED, APPROVED and ADOPTED this the _____ day of ______,

A.D., 2017.

______TOM REID MAYOR

ATTEST:

______YOUNG LORFING, TRMC CITY SECRETARY

APPROVED AS TO FORM:

______DARRIN M. COKER CITY ATTORNEY

Page 12 of 21 Nature Themed Dramatic Play Page 13 of 21

5-12

R3FX-30055-V2 Nature Themed Dramatic Play Page 14 of 21

5-12

R3FX-30055-V2 Nature Themed Dramatic Play Page 15 of 21

5-12

R3FX-30055-V2 Nature Themed Dramatic Play Page 16 of 21

5-12

R3FX-30055-V2 Nature Themed Dramatic Play Page 17 of 21

5-12

R3FX-30055-V2 Nature Themed Dramatic Play Page 18 of 21

5-12

R3FX-30055-V2 Zig Zag Balance Beam Nature Standing Log Steppers (x3) Themed Accessible Play Standing Log Climber Inch Worm Bridge Talk Tube

90 Degree Slide Panel Ladder 18" Half Push Panel 14" 22" Totem Climber Store Front Panel (lower) 30" Right Veer Half Driving Panel Inclined Crawl Chute Slide Tunnel 18"

Right Veer Chute Slide 54" 66" Rock Wall Climber

Spelling Panel Gear Panel (lower) Talk Tube R3 Zipper Climber Half Gear Panel Hand Ergometer Cargo Net Climber Parachute Piano Panel Panel Disk Climber Half Maze Panel Ship's Wheel Panel Ladder Steel Zipper Climber 42" 36" Half Yoke Motion Panel 18" 78"

Trapeze Rings 96" Half Concentration Panel Tri-Rung Horizontal Ladder

Standing Log Climber Tic-Tac-Toe Panel (lower) Standing Log Steppers Panel Ladder 18" Left Veer Chute Slide

24" Balance Beam Single Disk Step Clock/Sign Language Panel Ball Turn Panel Page 19 of 21

Use Fall Actual Timber Braille 0 5' 10' Ages Capacity Zone Height Size Count Panel 5-12 277 66'x59' 96" 54'x47' 60 Scale: 1" = 10'

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Use Fall Actual Timber 0 5' 10' Ages Capacity Zone Height Size Count 5-12 277 66'x59' 96" 54'x47' 60 Scale: 1" = 10'

R3FX-30055-V2