Loading...
HomeMy WebLinkAboutRes 2022-09-1253 Design/Build Agreement with Kraftsman Playgrounds and Waterparks for Renovation of Splash PadCITY OF ANNA, TEXAS RESOLUTION NO, AQaa QQ s* Q30 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DESIGN/BUILD AGREEMENT WITH KRAFTSMAN PLAYGROUNDS AND WATERPARKS FOR THE RENOVATION OF THE SPLASH PAD AT SLAYTER CREEK PARK. WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the services of Kraftsman Commercial Playgrounds & Waterparks are instrumental and necessary to the renovation of the splash pad at Slayter Creek Park; and WHEREAS, the City Council considers the renovation of the splash pad at Slayter Creek Park to me necessary due to the age and condition of the current amenity; and WHEREAS, the City Council acknowledges that Kraftsman Commercial Playground & Waterparks has previously bid and established pricing for work via Buy Board contract #592-19; and WHEREAS, the City Council approves the proposed design/build contract to include the following not -to -exceed fee: "The total amount for fiscal year 2023: $2,500,000." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the design/build agreement with Kraftsman Commercial Playgrounds &Waterparks and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the design/build agreement with Kraftsman Commerical Playgrounds & Waterparks. PASSED, APPROVED, AND ADOPTED on first and final reading on this 13th day of September 2022. ATTEST: APPROVED: to ,��\NU1NUIrrrby�f City Secretary, Carrie Land Mayon Nate Pike f�rr/r11111111111\1\�� STATE OF TEXAS § § CONSTRUCTION AGREEMENT COUNTY OF COLLIN § This Construction Agreement ("Agreement") is made and entered into this Lay of A AnPJA � 1_ 209.aby and between the City of Anna, Texas (the "Owner") and Kraftsman Commercial Playgrounds & Water Parks, a Texas limited partnership (the "Contractor") acting by and through their authorized representatives and in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: Article I Work and Term 1.1 The Contractor shall perform all the work specified in the Contract Documents. The work is generally described as follows: Design and build a new splash pad complete with demolition and disposal of the old splash pad located at Slayter Creek Park in Anna, Texas, using pricing in accordance with Kraftsman Commerical Playgrounds & Water Parks Buy Board Contract 592-19. 1.2 The tetra of this Agreement shall begin on the last date of execution hereof (the "Effective Date") and continue until completion of the services provided herein. 1.3 This Agreement is turnkey and not -to -exceed the Contract amount of $2,500,000. Article II Contract Documents 2.1 The Contract Documents shall include all documents identified herein. Every provision of the Contract Documents below is incorporated into this Agreement by reference. The Contract Documents referenced below are in descending order of precedence. Any conflict between or among any of the Contract Documents shall be resolved in favor of the document with higher precedence. A. This Agreement; B. Properly authorized change orders; C. Buy Board Contract 59249 attached hereto as Exhibit A; and D. Contractor's quote attached hereto as Exhibit B; E. Plans and Specifications; F. Limits of Work Site Site Plan attached hereto as Exhibit C. Construction Agreement CA-1 Splash Pad at Slayter 0 eek Park Article III Scope of Work 3.1 Contractor shall perform all the work specified in the Contract Documents. 3.2 Schematic Design Documents, Design Development Documents, Contract Documents, drawings, plans, specifications and other documents, including those in electronic form, prepared by Contractor and its consultants, agents, representatives, and/or employees specifically for the Project and delivered to Owner are intended for the use and benefit of Owner. Contractor and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project documents. Notwithstanding, Owner shall own, have, keep and retain all rights, title and interest in and to all Project documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project documents, which are produced at its request and delivered to Owner specifically for the Project. Owner shall have full authority to authorize Contractor, Subcontractors, consultants, and material or equipment suppliers to reproduce applicable portions of the Project documents to and for use in their execution of the work or for any other purpose related to Project. All materials and reports prepared by Contractor and delivered to Owner specifically for the Project are "works for hire" and shall be the property of Owner. Contractor shall upon completion of the services, or earlier termination, provide Owner with reproductions of all materials reports, and exhibits prepared by Contractor pursuant to this Agreement, and in electronic format if requested by Owner. Article IV Compensation and Method of Payment 4.1 Owner shall pay the Contractor• anot-to-exceed amount of $2,500,000, for completion of the work in accordance with the Contract Documents using current funds. Owner shall pay Contractor for work satisfactorily performed no later than thirty (30) days from the date Owner receives an invoice from Contractor. Monthly progress invoicing and payments will apply. 4.2 Contractor shall provide all design and engineering services necessary to complete the Plans and Specifications for the project, in coordination with the City for input and design direction, at Contractor's own cost and expense. 4.3 Contractor agrees to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the Work at Contractor's own cost and expense. Article V Notice to Proceed The Contractor shall not proceed with any work required under this Agreement without a written Notice to Proceed from City. Article VI Relationship of Parties Construction Agreement CA-2 Splash Pail at Slayter• C�•eek Par•lz It is understood and agreed by and between the parties that in satisfying the conditions of this Agreement, the Contractor is acting independently, and that Owner assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of Owner. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. At no time will Owner have any control or supervision over the means, methods, sequences, technologies, undertakings, measures or procedures utilized to perform the services under this Agreement. Article VII Insurance 7.1 Procurement and Evidence of Insurance. Prior to commencing the Services and continuing until all Services to be performed under this Agreement have been completed, Contractor shall purchase and maintain insurance with a company or companies qualified to do business in Texas and rated at least "A" by AM Best or other equivalent rating service. All such insurance, with the exception of workers compensation, shall name Owner as an additional insured and provide for a waiver of subrogation against Owner for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. Each policy and renewals or replacements thereof shall provide that it will not be canceled, non -renewed or material change except with thirty (30) days advance written notice to City. Evidence of such insurance shall be provided to Owner by delivering certificates of insurance. 7.2 Coverage and Limits. The insurance required under this Paragraph shall provide for the following coverages and limits: a. Workers' compensation and employers' liability insurance as required by applicable law attached hereto as Exhibit C. b. Commercial general liability insurance for bodily injury and property damage, including limited contractual liability coverage in not less than the following amounts: i. General Aggregate Limit $2,000,000 each occurrence ii. Each Occurrence Limit $1,000,000 each occurrence; and 7.3 Commercial automobile liability insurance coverage, including non -owned and hired, covering all owned, hired or non -owned vehicles including the loading or unloading thereof with limits not less than $1,000,000, 7.4 Umbrella liability insurance covering all operations with limits of liability not less than: Bodily Injury and Property Damage Liability $5,000,000 each occurrence $5,000,000 aggregate Construction Agreement CA-3 Splash Pad at Slayter Creek Park Article VIII Miscellaneous 8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings, written or oral agreements between the parties with respect to this subject matter. 8.2 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 8.3 Assignment. Contractor may not assign this Agreement in whole or in part without the prior written consent of Owner. 8.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 8.5 Governing Law. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction; and exclusive venue for any action concerning this Agreement shall be in a State District Court of Collin County, Texas, or a federal district court having jurisdiction thereof 8.6 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 8.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.9 Recitals. The recitals to this Agreement are incorporated herein. 8.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for Owner: City of Anna Attn: Jim Proce, City Manager 120 West Seventh St Anna, Texas 75409 Construction Agreement CA-4 Splash Pad at Slayte�C�eek Pa�lz If intended for Contractor: KraftSman Commerical Playgrounds &Water Parlcs, LP Wn: Korey Soderberg, COO 19535 Haude Road Spring, TX 77388 8.11 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 8.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 8.13 Indemnification. OWNER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR WAIVES ALL CLAIMS AGAINST OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS THE "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND SAVE HARMLESS OWNER FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND RELATED EXPENSES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF OWNER). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONTRACTOR, ON NOTICE FROM OWNER, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT CONTRACTOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO OWNER, CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, 8.14 Leal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, Construction Agreement CA-5 Splash Pad at Slayter• Creek Pay°Ic a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 8.15 Conflicts of Interests. Contractor represents that no official, officer, or employee of Owner has any direct or indirect pecuniary interest in this Agreement. 8.16 Force Malew e. Contractor shall not be liable for delays or failure to perform due directly, or indirectly, to (i)causes beyond Contractor's reasonable control, (ii)acts of God or nature, (iii)acts (including failure to act) of any governmental authority, (iv)wars (declared or undeclared), (v)strikes or other labor disputes, (vi)natural calamities (such as fires, floods, earthquakes, storms, epidemics). (signature page to follow) Construction Agreement CA-6 Splash Pail at Slayter Creek Pariz EXECUTED on this day of , 2022. OWNER, Vity of Anna, Texas City Manager Attest: EXECUTED on this day of , 2022. CONTRACTOR, Kraftsman Commerical Playgrounds & Water Parks, J�P By: Name: Korey Soderberg Title: Chief Operating Officer Attest: Construction Agreement CA-7 Splash Pad at Slayter• Creek Park EXHIBIT A Purchasing P.D. Box 400 Austin, TX 78767-0400 8004695.2919 512.467.0222 Fax: 800.211.5454 buyboard. com July 18, 2019 Sent Via Email: buyboard@kraftsmanplay.com Tonia Bennett Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, TX 77388 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Parks and Recreation Equipment and Field Lighting Products and Installation, Proposal No. 592-19 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above -referenced Proposal. The contract is effective 10/1/2019 through 9/30/2020, with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 592-19 on the following web -site: www,ouyooaro.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 80M95-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v,6,5 —v— The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards, :�: T� Texas Municipal League, Texas Association of Counties, and the Texas Association of School Administrators. Board® � National School Endorsed by 4NSBA' BuarJs Association September 4, 2019 Sent Via Email: buyboard@kraftsmanplay.com Tonia Bennett Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, TX 77388 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Piggy-BackAward Proposal Name and Number: Parks and Recreation Equipment and Field Lighting Products and Installation, Proposal No. 59249 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above -referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 10/1/2019 through 9/30/2020, with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 P.O. Box 400, Austin, Texas 78767-0400 800.695.2919 • buyboard.com � , PFBoard Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 80M95-2919 • FAX: 800-211-5454 • buyboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Parks and Recreation Equipment and Field Lighting Products Proposal Number: 592-19 Contract Time Period: October 1, 2019 through September 30, 2020 with two (2) possible one-year renewa Is. Kraftsman Commercial Playgrounds & Water Parks Name of Proposing Company 19535 Haude Road Street Address Spring, Texas, 77388 City, State, Zip 281-353-9599 / 800-451-4869 Telephone Number of Authorized Company Official 281-353-9599 Fax Number of Authorized Company Official Proposal Due Date/Opening Date and Time: January 24, 2019 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd, Austin, TX 78759 Anticipated Cooperative Board Meeting Date: July 2019 January 21, 2019 Date Signature of Authorized Company Official Kris Soderberg Printed Name of Authorized Company Official Vice President Position or Title of Authorized Company Official 26-0435158 Federal ID Number Page 9 of 71 Proposal Forms CONST v.06.14.2018 V V Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com The proposing company 'you" or "your' hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively "Requirements'; 2. By your response ("Proposal's to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy -back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements, and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law, 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 71 Proposal Forms CONST v.06.14.2018 PFBoard® Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Company: Kraftsman Commercial Playgrounds &Water Parks Vendor Contact Name and Mailing Address for Notices; Krls Soderberg Company Website: vvww. kraftsmanplay.com 19535 Haude Rd, Spring, TX 77388 Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: x❑ I will use the Internet to receive purchase orders at the following address. E-mail Address: buyboard@kraftsmanplay.com Internet Contact: Tonia Bennett Phone: 281-353-9599 Alternate E-mail Address: charlesj@kraftsmanplay.com Alternate Internet Contact: Charles Jackson Phone: 281-353-9599 ❑ Purchase orders may be received by the Designated Dealers) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes ("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: buyboard@kraftsmanplay.com Alternate E-mail Address: toniab@kraftsmanplay.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and a -mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications. Page 11 of 71 Proposal Forms CONST v.06.14.2018 V V Caaperafive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com Please choose only one LJLL of the following options for receipt of invoices and provide the requested information: ❑■ Service fee invoices and related communications should be provided directly to my company at: Mailing address: City: Spring 19535 Haude Road Contact Name: Jim O'Neil Fax: 281-353-2265 State: Texas Department: Accounting Zip Code: 77388 Phone: 281-353-9599 E-mail Address: accountspayable@kraftsmanplay.com Alternative E-mail Address: limo@kraftsmanplay.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: Mailing address: City: Contact Name: Fax: E-mail Address: Alternative E-mail Address: State: Department: Phone: Zip Code: ❑ In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealers) receiving the purchase orders) to which the invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator.** ** If Vendor authorizes a billing agent or Designated Dealer(s) to receive and process service fee invoices, in accordance with the Genera/ Terms and Conditions of the Contract, Vendor specifically acknow/edges and agrees that nothing in that des/gnation shall relieve Vendor of its responsibilities and ob//gations under the Contract including, but not limited to, payment of al/ service fees under any Contract awarded Vendor. Page 12 of 71 Proposal Forms CONST v.06.14.2018 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check (�/) one of the following: ❑ My Company Is a publlCly-held CorpOratiOn. (Advance notice requirement does not apply to publicly -held corporation.) ❑■ My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds &Water Parks Company Name Kris Soderberg Signature of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government -wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds &Water Parks Company Name Kris Soderberg Signature of Authorized Company Official Printed Name Page 13 of 71 Proposal Forms CONST v.06.14.2018 WBoard COoperativeft h3ging 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com RESIDENT/ NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check (�[) one of the followincL ❑■ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Kraftsman Commercial Playgrounds & Water Parks 19535 Haude Road Company Name Address Spring Texas 773888 City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under -price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes x❑ No B. What is the prescribed amount or percentage? $ or % VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check M one of the following: 0 Yes ❑ No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Emp/oyment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds &Water Parks Signature of Authorized Company Official Company Name Kris Soderberg Printed Name Page 14 of 71 Proposal Forms CONST v.06.14.2018 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 buyboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEX. Gov'T CODE Ch. 2270) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE §808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds &Water Parks Company Name Signature of Authorized Company Official Kris Soderberg Printed Name NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds &Water Parks Signature of Authorized Company Official Company Name Kris Soderberg Printed Name Page 15 of 71 Proposal Forms CONST v.06.14.2018 V V Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB' is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check (�/) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service -connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: x❑ My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds and Water Parks Company Name Kris Soderberg Printed Name Signature of Authorized Company Official Page 16 of 71 Proposal Forms CONST v,06.14.2018 78oard Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONSTRUCTION -RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory'�, Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.comNendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction -related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction -related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction -related goods or services, whichever comes first. Kraftsman Commercial Playgrounds and Water Parks A1<10� Company Name Kris Soderberg Signature of Authorized Company Official Printed Name January 19, 2019 Date Page 17 of 71 Proposal Forms CONST v.06.14.2018 77 A V V Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conons, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check (�/) one of the following: NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: 0 Common Carrier W Company Truck ❑Prepaid and Add to Invoice ❑Other: 2. Payment Terms: ®Net 30 days ❑ 1% in 10/Net 30 days � Other: OR Completion payments due each month upon work completed 3. Number of Days for Delivery; 30-150 ARO 4. Vendor Reference/Quote Number: 5. State your return policy: 20% +Shipping and Handling 6. Are electronic payments acceptable? ❑Yes ❑ No 7. Are credit card payments acceptable? ®Yes ❑ No Kraftsman Commercial Playgrounds and Water Parks Company Name 41<16 t / Signature of Authorized Company Official Kris Soderberg Printed Name Page 18 of 71 Proposal Forms CONST v.06.14.2018 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com LOCATIONLAUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Kraftsman Commercial Playgrounds and Water Parks Company Name 19535 Haude Road Address Spring TX 77388 City State Zip 281-353-9599 281-353-2265 Phone Number Tonic Bennett Contact Person Company Name Address City Phone Number Contact Person State Fax Number Zip Fax Number Page 19 of 71 Proposal Forms CONST v.06.14.2018 Board Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers' to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Address City Phone Number State Fax Number Zip Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 20 of 71 Proposal Forms CONST v.06.14.2018 V V Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unw//ling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers � Kraftsman Commer�lal Plau�rni �na� and Water Parks Company Name �� Signature of Authorized Company Official Kris Soderberg Printed Name Coo I will service Texas perative members statewide. ❑ I will not service Texas Cooperative members statewide. I will only service members in the regions checked below. Region Headquarters ❑ 1 Edinburg ❑ 2 Corpus Christi ❑ 3 Victoria ❑ 4 Houston ❑ 5 Beaumont ❑ 6 Huntsville ❑ 7 Kilgore ❑ 8 Mount Pleasant ❑ 9 Wichita Falls ❑ 10 Richardson ❑ 11 Fort Worth ❑ 12 Waco ❑ 13 Austin ❑ 14 Abilene ❑ 15 San Angelo ❑ 16 Amarillo ❑ 17 Lubbock ❑ 18 Midland ❑ 19 ElPaso ❑ 20 San Antonio ❑ I will not service members of the Texas Cooperative. Page 21 of 71 Proposal Forms CONST v.06.14.2018 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com If this Texas Regional Se,rvice Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 22 of 71 Proposal Forms CONST v.06.14.2018 Board Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note.• If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposa/, you must comp/ete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the spec/fed products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check (�/) all that apply: ❑ I will service all states in the United States. � I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑Nebraska ❑ Arizona ❑ Nevada ❑■ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 & 20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑■ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas Tennessee ❑ Kentucky Texas ® Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 23 of 71 Proposal Forms CONST v.06.14.2018 V V Cuupeia"ve Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com This form will be used to ensure that you can service other governmental enes throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Kraftsman Commercial Playgrounds and Water Parks Signature of Authorized Company Official Company Name Kris Soderberg Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: ALL Page 24 of 71 Proposal Forms CONST v.06.14.2018 7Board Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 A PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conons associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy -backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy -back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as `Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative's awards Vendor a contract under this Proposal Invitation ("Underlying Award', the National Purchasing Cooperative ("National Cooperative") may - but is not required to - "piggy -back" on or re -award all or a portion of that Underlying Award ("Piggy -Back Award'. By signing this National Cooperative Vendor Award Agreement ("Agreement', Vendor accepts and agrees to be bound by any such Piggy -Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy -Back Award, the National Cooperative Administrator ("BuyBoard Administrator's will notify Vendor in writing of such Piggy -Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy -Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy -Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms CONST v.06.14.2018 Page 25 of 71 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy -Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy - Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy -Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Kraftsman Commercial Playgrounds and Water Parks Name of Vendor �1� Signature of Authorized Company Official 592-19 Proposal Invitation Number Kris Soderberg Printed Name of Authorized Company Official January 19, 2019 Date Page 26 of 71 Proposal Forms CONST v.06.14.2018 Board Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com FEDERALAND WATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $7,500,000 (The period of the 12 month period is January /DecembE). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. GROUPPURCHASING 1. Federal General Services Administration VENDOR? N IF YES, LIST YEARS COMMODITY D•. •. 2. T-PASS (state of Texas) N 3. U.S. Communities Purchasing Alliance N 4. National IPA/TCPN N 5. Houston -Galveston Area Council (HGAQ N 6. National Joint Powers Alliance (NJPA) N 7. E&I Cooperative N 8. The Interlocal Purchasing System (TIPS) N 9. Other N ❑■ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS, CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%):See attached spreadsheet Proposed Discount (%):See attached spreadsheet Explanation: We are submittina the same discounts as our previous bid Proposal Forms CONST v.06.14.2018 Page 27 of 71 V V Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds and Water Parks Signature of Authorized Company Official Company Name Kris Soderberg Printed Name Page 28 of 71 Proposal Forms CONST v.06.14.2018 Board Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1 SEE ATTACHED PAGE 2 SEE ATTACHED PAGE 3 SEE ATTACHED PAGE 4 SEE ATTACHED PAGE 5 SEE ATTACHED PAGE Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ❑ NO ® If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds and Water Parks Company Name IAI< ljl�� Signature of Authorized Company Official Kris Soderberg Printed Name Proposal Forms CONST v.06.14.2018 Page 29 of 71 REFERENCES: Sandy Jenkins Parks & Recreation Department City of San Antonio 114 W. Commerce, 10th Floor San Antonio, Texas 78283 903.237.1037 Scott Johnson, Director Parks & Recreation Department City of Baytown 2407 Market Street Baytown, Texas 77522-0424 281.420.6599 Dave Melaas, Project Manager Parks ecreation Department City of Georgetown 1101 N College St Georgetown, Texas 78627 512.930.3540 David Schmitz, Assistant Director of Operations Parks &Recreation Department City of College Station 1000 Krenek Tap Road College Station, Texas 77805 979.209.5529 Lisa Johnson, Project Manager Parks &Recreation Department City of Houston 900 Bagby, 2°d Floor Houston, Texas 77002 832.393.8081 Debi Ver Ploeg Asst. Director, Children of the Woodlands Woodlands United Methodist Church 2200 Lake Woodlands Drive The Woodlands, Texas 77380 281.297.5908 Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com Gene Faulk, Facility Construction Team Parks & Recreation Department City of Austin 200 South Lamar Austin, Texas 75704 512.974.9507 Patricia Westbrook, Assistant Director Parks & Recreation Department City of Amarillo PO Box 1971 Amarillo, Texas 79105 806.378.4290 Kevin Mitchell, Director Parks &Recreation Department City of Grapevine 501 Shady Brook Drive Grapevine, Texas 76051 817.410.3347 Glen Hackler City Manager City of Andrews 111Logsdon Andrews, Texas 79714 432.523.4820 Gilbert Smith, Superintendent of Parks Harris County, Precinct 2 16003 Lorenzo Channelview, Texas 77530 281.487.2914 Kathleen Ownby Executive Director SPARK School Park Program 900 Bagby 2°d Floor Houston, TX 77002 f 832.393.0911 Board Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 80M95-2919 • FAX: 800-211-5454 • buyboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Exam le: Explain how your company wi// initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. 1. We will add the BuyBoard log to our printed ads in appropriate publications. 2. We will email our current list of clients announcing our BuyBoard contract. 3. Our sales Krew will educate and advise our clients of this amazing opportunity to purchase our products through the BuyBoard. 4. At the more then 30 trade shows we show at we will ensure that interested customers are aware that they can find our products on the BuyBoard. 5. The BuyBoard logo and link is displayed on our website www.KraftsmanPlay.com Kraftsman Commercial Playgrounds &Water Parks Company Name �5/r Signature of Authorized Company Official Kris Soderberg Printed Name Proposal Forms CONST v.06.14.2018 Page 30 of 71 V V Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buy board.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check (�/j one of the following: NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential /Proprietary Information: (Attach additional sheets ifneeded.) Proposal Forms CONST v.06.14.2018 Page 31 of 71 V V Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com B. Copyrlght Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check (�h one of the following: NU, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets ifneeded.) C. Consent to Release Confidential/Proprietary/Copvright Information to BuvBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non -award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Kraftsman Commercial Playgrounds & Water Parks Company Name ��G�v Signature of Authorized Company Official Kris Soderberg Printed Name 1 /19/2019 Date Proposal Forms CONST v.06.14.2018 Page 32 of 71 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non -responsive. Name of Proposing company: Kraftsman Commercial Plavarounds &Water Parks (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here, Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check (� one of the following: Type of Business: Individual/Sole Proprietor Corporation Limited Liability Company Partnership x Other If other, identify State of Incorporation (if applicable): Federal Employer Identification Number: 26-0435158 (Vendor must include a completed IRS IN- . form with their proposal) List the Names) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be attached.) Proposal Forms CONST v.06.14.2018 Page 33 of 71 0�A Request for 'Taxpayer Give Form to the Form CI Identification Number and Certification requester. Do not (Rev. November2017) Department of the Treasury send to the IRS, Internal Revenue Service Itio Go to www./rs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. KRAFTSMANLP 2 Business name/disregarded entity name, if different from above KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARKS w 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to rn following seven boxes. certain entities, not individuals; see a instructions on page 3): C ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑✓ Partnership ❑ Trust/estate 0 N single -member LLC Exempt payee code (if any) am c C u ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) bp ffi�to M Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting 0 c LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that _ n is disregarded from the owner should check the appropriate box for the tax classification of its owner. 0 m ❑ Other (see instructions)> (npP es to accounts mainlahwhioutvdo the U.S.) N5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) in 19535 HAUDE ROAD 6 City, state, and ZIP code SPRING, TEXAS 77388 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other FM — M _ . Mtain� of i� ,,.,,,r omn•nver irientifirritinn numher (FIN). If you do not have a number. see How to oet a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Under penalties of pery'ury, I certify that: or Employer identification number 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to he issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement anangement (IRA), and generally, payments other than interest and dividends, you of required to ign the certification, but you must provide your correct TIN. See the instructions for Part ll, later. Sign Signature of Here U.S. person► General Instructi Section references are to the Intemal Revenue Code unless otherwise noted. Future developments. Far the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date> II�JI�� • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No, 10231X Form W-9 (Rev. 11-2017) Under penalties of pery'ury, I certify that: or Employer identification number 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to he issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement anangement (IRA), and generally, payments other than interest and dividends, you of required to ign the certification, but you must provide your correct TIN. See the instructions for Part ll, later. Sign Signature of Here U.S. person► General Instructi Section references are to the Intemal Revenue Code unless otherwise noted. Future developments. Far the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date> II�JI�� • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No, 10231X Form W-9 (Rev. 11-2017) Corporations Section P.O.Box ><3197 Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF Kraftsman, L.P. File Number: 800834491 Assumed Name: Phil Wilson Secretary of State • K-RAF"TSMAN PLAYC3ROUNDS 8c PARK EQUIPMENT The undersigned, as Secretary of State of Texas, hereby certifies that the assumed name certificate for the above named entity has been received in this office and filed as provided by law on the date shown below. ACCORDINGLY the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law hereby issues this Certificate of Filing. Dated: 11 /28/2007 Effective: 11 /28/2007 00 Phil Wilson Secretary of State Come visit us on the Internet at http://ww►v.sos.state.tx.us/ Phone: (512) 463-5555 Fax: (512} 463-5709 Dial: 7-1-1 for Relay Services Prepazed by: Lisa Jones TIi7: 10342 Document: 194256250002 . Ic LJ V Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR'. All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items be/ow, Vendor should certify Vendor's agreement and ability to comp/y, where applicable, by having Vendor's authorized representative complete and /a/t/a/ the applicable boxes and sign the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative w/// cons/der and may list the Vendor's response on the BuyBoard as WQ,nthe Vendor is unable or unwilling to comply, A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendors return policy, If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms CONST v.06.14.2018 Page 34 of 71 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 604.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis -Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis -Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti -Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Bung or Public Work Financed in Whole or in Part by Loans or Grants from the United States'. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms CONST v.06.14.2018 Page 35 of 71 Board Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 12514387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180,220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government -wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti -Lobbying Amendment: Byrd Anti -Lobbying Amendment (31Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of $150,000, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms CONST v.06.14.2018 Page 36 of 71 V V Caaperahve Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 80M95-2919 • FAX: 800-211-5454 • buyboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Vendor Certification: YES, I agree or Vendor Certification Item No. NO, I do NOT agree Initial 1. Vendor Violation or Breach of Contract Terms YES 2. Termination for Cause or Convenience YES 3. Equal Employment Opportunity YES 4. Davis -Bacon Act YES 5. Contract Work Hours and Safety Standards Act YES 6. Right to Inventions Made Under a Contract or Agreement YES 7. Clean Air Act and Federal Water Pollution Control Act YES 8. Debarment and Suspension YES 9. Byrd Anti -Lobbying Amendment YES 10. Procurement of Recovered Materials YES 11. Profit as a Separate Element of Price YES 12, General Compliance and Cooperation with Cooperative Members YES By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Kraftsman Commercial Playgrounds & Water Parks Company Name Al or Signature of Authorized Company Official Kris Soderberg Printed Name Proposal Forms CONST v.06.14.2018 Page 37 of 71 Board Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work' under the BuyBoard contract contemplated by this Proposal Invitation C'Contract'Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. SEE ATTACHED 2. Describe Proposer's direct experience (not as a subcontractor) performing the work proposed under this contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Proposer's capabilities relative to this contract. SEE ATTACHED 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. SEE ATTACHED Proposal Forms CONST v.06.14.2018 Page 38 of 71 #47Board® Cooperative Purchas/ng 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? SEE ATTACHED 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party. SEE ATTACHED 6. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. SEE ATTACHED 7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. SEE ATTACHED Proposal Forms CONST v.06.14.2018 Page 39 of 71 AgwBoard Cooperativeft haging 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 8. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regards to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. SEE ATTACHED 9. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regards to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), if applicable, nature of the claim, and resolution or current status. SEE ATTACHED 10. Describe in detail the quality control system Proposer will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. SEE ATTACHED 11. If the work will require Proposer to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. SEE ATTACHED Proposal Forms CONST v.06.14.2018 Page 40 of 71 12007 Research Boulevard •Austin, d® ing Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 buyboard.com 12. Describe in detail all documented safety issues, if any, that have involved Proposer in the last three ( ) years related to the type of work contemplated under this contract. Provide a 3-year history of your firm's workers compensation experience modifier. SEE ATTACHED By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Kraftsman Commercial Playgrounds and WaterP� Company Name Signature of Authorized Company Official Proposal Forms CONST v.06.14.2018 Page 41 of 71 Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com Proposal Invitation Questionaire The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work") under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. See following reference lists 2. Describe Proposer's direct experience (not as a subcontractor) performing the work proposed under this contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Proposer's capabilities relative to this contract. See following reference lists 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. See following reference lists Commercial Playgrounds and Water Parks Kraftsmanplay.com Kraftsman Commercial Playgrounds &Water Parks Completed Proiects Project Scope Role Cost Constructed Aransas Pass Community Park Installation of playground Design/Bu $353,346 Spring 2014 equipment, shade and amenities ild Dow Park SplashPark Splashpark with KraftKoat deck Design/Bu $397,550 Fall 2014 coating, shade sails & custom ild features Gene Howe Neighborhood Park Installation of SplashPark and Design/Bu $365,565 Spring 2018 playground ild Lincoln Park Splashgarden Installation of SplashPark Builder $349,550 Spring 2018 Martin Luther King Jr Park Design and installation of Design/Bu $608,058 Summer SplashPark SplashPark with shade and seating ild 2017 NASA Gilruth Center playground Installation of playground Builder $112,000 Spring 2016 equipment, shade canopies & safety sufacing Old City Park SplashPark Design and installation of Design/Bu $105,163 Summer SplashPark ild 2017 Partnership Park playground Installation of playground Builder $261,320 Fall 2014 equipment, shade canopies & site furnishings Riverside Community Park BallPark Installation of playground Builder $1,444,089 Spring 2015 equipment, swings and safety surfacing Shenandoah Toddler Park Installation of playground Design/Bu $113,476 Summer equipment, shade and seating ild 2016 Zube Park Fitness Equipment Installation of fitness equipment Builder $75,000 Winter 2016 and shade canopy Zube Park SplashPark Installation of SplashPark, shade Builder $499,500 Spring 2016 canopies and site amenities Shady Lane Park Renovation Renovation of existing park, General $763,819 Summer Houston, Texas splashpark installation Contracto 2013 r Westover Village Park splash pad Splashpark with shade canopies & Design/Bu $175,400 Spring 2013 Amarillo, Texas amenities ild Levine Family Park SplashPark Splashpark installation Design/Bu $110,147 Spring 2013 Sealy, Texas ild Clear Lake Park Splash Pad Splashpark with shade canopies & Design/Bu $255,706 Summer Clear Lake, Texas amenities ild 2013 Athens Kiwanis Park SplashPark SplashPark installation Design/Bu $167,532 Summer Athens, Texas ild 2013 Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com Kraftsman Commercial Playgrounds &Water Parks is a successful family owned and operated business with over 33 years A experience providing recreational solutions in Texas, Louisiana and Oklahoma. Our customers and their clients are Kraftsman's #1 concern when designing, constructing and/or supplying recreational facilities and products. We pride ourselves in providing professional service and attention during all phases of a project- planning assistance, turnkey construction, and service after completion of the project. Kraftsman represents and installs several lines of high quality playground and park equipment. Our product line includes traditional and nontraditional play structures for all age groups; safety surfacing; park amenities such as tables, benches, and litter receptacles; fitness and sports equipment; park shelters and pavilions; shade canopies; sports equipment; skate ramps and rails; water slides and SplashParks. We are your complete park equipment and service solution. HISTORY/AWARDS • 1981- Kraftsman Playground and Park Equipment started by Michelle & Mark Soderberg as a retail sales and manufacturer of residential wood playgrounds. • 1983 — Commercial sales added. • 1986 - Incorporated as Playkraft, Inc. dba Kraftsman Playground & Park Equipment, 100% ownership by Michelle Soderberg. • 1996 - Discontinued manufacturing and focused on acting as a manufacturer's representative and providing installation service for commercial playgrounds and park equipment. • 2002 - Introduced Water Parks (SplashParks). SplashParks are a popular and proven way to utilize public recreation facilities, either as an alternative to pools or as a companion to a pool area. • 2007 - Business reorganized as Kraftsman LP (dba Kraftsman Commercial Playgrounds and WaterParks), as a partnership for continuation of and replacement for Playkraft, Inc. • Michelle Soderberg - 60% ownership • Mark Soderberg - 39% ownership • KPPE, LLC, general partner - 1% ownership • Playkraft Inc. is an active Texas corporation, but has no ongoing sales or distribution activities • 2011— Top Sales Award and Agency of the Year from Superior Recreational Products • 2012 — Dealer of the Year Award from Superior Recreational Products • 2013 — Kraftsman achieved sales of $10 million • 2013 — Business Builder Award from Superior Recreational Products • 2015 — President's Award from Superior Recreational Products • 2016 — Highest Sales Award from Superior Recreational Products • 2017 — Project of the Year Award (under $2 million) from American Public Works Association • 2018 — Project of the Year Award (under $5 million) from American Public Works Association Kraftsman LP, dba Kraftsman Commercial Playgrounds &Water Park Equipment does not manufacture any equipment but buys all products from leading manufacturers in the market place and offers professional installations. Kraftsman LP continues Playkraft Inc.'s history of professional installation, design, construction and creation of exciting play and park areas. 40 Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com QUALIFICATIONS &RECENT EXPERIENCE Since 1981, we have worked with thousands of customers from all public and private market sectors —parks & recreation departments, builders and developers, architects, aquatic facility designers, apartments, schools, churches, subdivisions, and community associations. Our team or "krew" as we like to call them, have completed large and involved projects for playground equipment, park construction, and Splash Parks. • Sales and installations of over 350 successful SplashParks and aquatic centers in Texas and neighboring states. • Construction and/or remodeling of architectural fountains. • Construction and/or remodeling of commercial swimming pools. • General contracting for complete park construction. • Sales and installations of: • Multi lines of top quality traditional and nontraditional playground products and outdoor recreational park equipment. • Shade structures for pools, playgrounds, walkways, parking and other custom applications. • Park buildings including picnic shelters, pavilions, bridges, awnings and cabins. • Outdoor fitness equipment and Sports equipment including basketball goals, soccer goals, backstops, skate ramps and rails, and volleyball systems. • Site amenities including tables, benches, bike racks, grills, bleachers and litter receptacles. • Safety surfacing including shredded wood fiber, rubber surfacing, plastic curbing and ADA ramps. OUR KREW CEO: General Manager: Construction Manager: Technology Manager: Accounting Manager: Michelle Soderberg Mark Soderberg (AFO) Korey Soderberg (AFO, CPSI) Kris Soderberg (CPSI) Jim O'Neill CPA SUPPORT KREW Five full time office support staff to assist sales, construction and installation. SALES KREW Eight full time sales people covering all of Texas, Louisiana and Oklahoma. DESIGN KREW Three full time CAD designers. In addition, our quality vendors offer design services. INSTALLATION KREW Competent, experienced krew knowledgeable in safe installation practices. WAREHOUSING CAPABILITIES Kraftsman owns and maintains a warehouse over 10,000 square feet in size. This facility enables the reception and storage of products to eliminate the need to handle these functions at the jobsite. Inventory necessary for most service and repairs is also maintained at this warehouse. Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com CERTIFICATIONS FROM AFO (Aquatic Facility Operator) CPSI (Certified Playground Safety Inspector) NPSI (National Playground Safety Institute) NPCA (National Playground Contractors Association) Water Odyssey' by the Fountain People (equipment manufacturer) Kraftsman Commercial Playgrounds and Water Parks AFFILIATIONS Association of Water Board Directors -Texas (AWBD) Community Association Institutes (CAI): Houston, Dallas, Austin, San Antonio National Association for the Education of Young Children - Texas (NAEYC) National Recreation and Park Society (NRPA) National Playground Contractors Association (NPCA) Texas Apartment Association (TAA) Texas Association of School Boards (TASB) Texas Association of School Business Officials (TASBO) Texas Chapter American Society of Landscape Architects (ASLA) Texas Elementary Principals & Supervisors Association (TEPSA) Texas Housing Association (THA) Texas Municipal League (TML) Texas Public Pool Council (TPPC) Texas Recreation and Park Society (TRAPS) Texas Rural Water Association (TRWA) Texas Society of Architects (AIA) BONDS Completion and Payment Bonds are available, and issuable on a per contract basis, dependent on the time frame of the award of contracts and the notice to proceed. BUSINESS AREAS Approximately 50% of Kraftsman's completed work is in SplashParks and Aquatic Centers, and 50% is in park and recreation playground equipment, shelters and shade structures. TECHNOLOGY All offices and Krew are linked together by a single computer network including mobile computers and mobile phones allowing us to provide a unified, streamlined organization to meet all of our clientsneeds before, during and after project completion. Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com Kraftsman Commercial Playgrounds &Water Parks Management Plan / Organization Design /Build Team: Mark Soderberg, General Manager (AFO) — 38 years experience Korey Soderberg, Construction Manager (AFO, CPSI) — 22 years experience Mark Reynolds, Project Manager— 29 years experience Charles Jackson, Playground Designer-13 years experience Holly Miller, Playground Designer-19 years experience Project Installation /Supervision Team: Korey Soderberg, Construction Manager (AFO, CPSI) — 22 years experience Mark Reynolds, Project Manager (CPSI) — 26 years experience Dan Johnson, Construction Coordinator —17 years experience Tonia Bennett, Project Coordinator-8 years experience Commercial Playgrounds and 281-353-9599 Kraftsmanplay.com BuyBoard Governmental References and Price/Discount Info Entity Name Contact Phone Number Discount Volume FOB Team City of Dallas David Mills 214,670.1805 Per Product Type $6,000,000 Net 30 City of Laredo John Stiller 956.795.2350 Per Product Type $680,000 Net 30 Waxahachie ISD Jacob Perry 214.632.7482 Per Product Type $580,000 Net 30 Harris County M. Scott Barmasse 281.635.0016 Per Product Type $450,000 Net 30 City of Arlington Martin Sanchez 817.575.8309 Per Product Type $320,000 Net 30 City of Austin Mark "Mac" 512.974.9335 Per Product Type $200,000 Net 30 Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? Kraftsman is prepared to and experienced in assisting architects and engineers with specialized projects in Playgrounds, Splash Parks, and other recreational facilities. Kraftsman provides cut sheets, installation details, layouts, and related documents to those firms for their use in producing a set of Construction plans. 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party. Kraftsman's in-house construction Krews are fully capable of turnkey construction of Parks, Playgrounds, Splash Parks, Pavilions, and most other components commonly found in recreation facilities. 6. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. Bonding Capacity: 5 Million Insurance Coverage: 2 Million General Liability with 3 Million Umbrella Excess Liability Kraftsman nor any of its affiliates, present or past owners, shareholders or stockholders, or officers have been a party to a bankruptcy, receivership, or insolvency proceedings with 10 years. 7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. No, we do not. 8. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regards to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. No contracts have been terminated or defaulted on. 9. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regards to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com tne name of parties and court or tribunal in which filed), if applicable, nature of the claim, and resolution or current status. No litigation or lawsuits in the past 10 years. 10. Describe in detail the quality control system Proposer will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. See following page -Quality Assurance Plan Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com Quality Assurance Plan Kraftsman will implement quality control throughout the design and construction processes through these measures: Project Personnel: The quality of the project will be the responsibility of the Construction Manager, Project Superintendent, and Project Coordinator, Quality Communications: The quality of the project will be discussed by daily reporting by the Project Superintendent to the Construction Manager and Project Coordinator. Daily photos may also be used. Subcontractors and Suppliers: Kraftsman does plan to use Subcontractors on this project. Kraftsman will use suppliers that have worked with us previously and that provide quality work. Inspections and Tests: Periodically through the construction process the phases of the work will be tested. Project Completion Inspections: Kraftsman will do a walk-thru review with customer's representatives for completion of project, operations training, and confirmation of conformance to quality standards expected for the performance of the project. Kraftsman Commercial Playgrounds and Water Parks 19535 Haude Road Spring, Texas 77388 281-353-9599 Kraftsmanplay.com 11. If the work will require Proposer to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. Agent —Brady Chapman and Holland —Denise Descant. Surety - Suretec 12. Describe in detail all documented safety issues, if any, that have involved Proposer in the last three (3) years related to the type of work contemplated under this contract. Provide a 3-year history of your firm's workers compensation experience modifier. Only 1 minor on the job injury has occurred in the past 3 years. No Documented Safety issues in the past 3 years. Safety for the public, park patrons, and Krafftsmon's Staff is of the utmost importance! See following page for Work Comp Insurance Modifier info. LJ V Caoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com (Please check (�) the following) 0 Completed: Proposer's Agreement and Signature � Completed: Vendor Contact Information 0 Completed: Felony Conviction Disclosure and Debarment Certification X❑ Completed: Resident/Nonresident Certification X❑ Completed: No Israel Boycott Certification 0 Completed: No Excluded Nation or Foreign Terrorist Organization Certification 0 Completed: Historically Underutilized Business (HUB) Certification) 0 Completed: Construction Related Goods and Services Affirmation X❑ Completed: Deviation/Compliance � Completed: Location/Authorized Seller Listings 0 Completed: Manufacturer Dealer Designation X❑ Completed: Texas Regional Service Designation X❑ Completed: State Service Designation x❑ Completed: National Purchasing Cooperative Vendor Award Agreement 0 Completed: Federal and State/Purchasing Cooperative Experience 0 Completed: Governmental References X❑ Completed: Marketing Strategy 0 Completed: Confidential/Proprietary Information fl Completed: Vendor Business Name with IRS Form W-9 X❑ Completed: EDGAR Vendor Certification X❑ Completed: Proposal Invitation Questionnaire 0 Completed: Required Forms Checklist x❑ Completed: Proposal Specification Form with Catalogs/Pricelists and Manufacturer Authorization Letters *Catalogs/Pricelists must be submitted with proposal response or response will not be considered. Proposal Forms CONST v.06.14.2018 Page 42 of 71 is OrA IA 0 L ate+ O 400 O f0 +' to = U 0soon =IRWIN U ° 3 c„- a� O c 3 W W W W W c (Up Z Z Z Z Z am BONN O O O O O f° £ i LA s W Z Z Z Z Z NINEN i MEN 01 i� R H y y L °7 0 iI c 91 .� O Ql O_low.+ O Q) CMCC G. N •L p D SIMON u ° o ONNONZ .0 a) N v U U U U C U 4J .� +O+ fn U) to U U) SIMON � ►a _O O ++ Q Q Q Q Q C�0 .O t .O 3 N Qi 0 r, i E U a) U fA cA U C. a) Q Q) Q. a) Q Q) C. .F.+ O Q) U) U) (� U) U) U) C/) (!) U) U) 13 a a= C E' C '+ �'u► rn O O � _ U '�Los C L Q O .1NO 4..r N N LUI L N iO L Name ++ C C V m N m m �+ u Lm N C 7 0 a N Q n a n a n p ++ C •y L m m > co avl°' r s L V m Q O U U U U U EBEEN 4 O O ° y L cn V n � n m (n a _O ON �i ° u �� L O C +; Q a aj NO O L 00 y C c O pL '° O c c c C rcp C C 'r„ f0 '� 3 ro mime ° y NO 41) NONE loon Los Low 4) i Lon (Q Low r0 f0 f0 'G Np f0 _ L rp O ayu a� o.GJ u ac .` as o �o N c L Q) L L L 0 O L \ • O o u 4,1 a o o u No o Q, 4o c ° � Nam (n Imm MIMIORION ;ALL C '0 �'�, u Nc 4) ° m p = u C'3 v y u a) 7 i u No V U Knolls W. w O- \01 CL Q Q. L 7 R L t O 0- R _FA tA _ H V o IA G O .� y tp '- m C. o c o m o � o o ul 4 v 4. L (6 Q) fU O i6 C a Q No r6 i a c cLi� v, on °E `� cn UClow t um u� O1 vvi� u�'•o ° ++ rp (A C ° w G o v .�i C ° m C O i c u Q) ow — M v— no O O Q1 O vi Q) '�' 0— O �0 O O i, M FA m L .m y ow u H O E 7 0 7 0 p o NO o o U N ° C E Q Q% 2 LIM `/ � .a L / �. /1 L �/ O U No �/ {��, i.A L O L 4l +i •C C N i,J a) •o LL. L L °c a) O G _ c y c Q C 'H c CL C 7 L .0 U LL. 7 Q) .O 7 W V) � N � 01 \ C o `o c O ++ o a 0 E F. 0 o o +_ E o O C o 0BONN = to O No L n av� n n c .o u n m v' 3 U y Q (A `p Q1 O� C n U�++ p'7� n Oa a y0 w �1 V Ifl 0 co � a) Q i, a) n a+ a) Q a) �, Q) L � V Q) O Vi 7 0 m t= O L C C � W ul . to O E. o O � : o No ONN 'C c � C 'Q t=a C U i a Q) C U a) C- a) C a: a) C a) G. C s N y O �_ 4� ro O L 4� ca O 3 .N ra 7 (d 3 4 ra 3 L 'p 4r L ro O v L O• u O E O a O O vlow O O i O° _n N O c"n _ (n no co nLON m 3 •Op cn 0 cn 0f 01 v tm � C ++ O V Low �p v CM ca ra o ca a m m ccu No a >a�°' caEi E° aaV aaa n a cno aaQu aa� c°v,n°= ct =� c _ or _ mt to O O L L L L L oo.oc C O N C oCNo E �� 0 a0 ��� 00LU a u— °' fl. 4-J C o vOi a� soonO c a ,, o p , o O cn O 4, a p , o 4. o 0)FM O o a� co 4,� _ .0 o M � Lpson! .N 0) 61 E o, v 0) +� .� 0) c 'U 0. •� C (n O N' O ++ Q7 Q V , , @ >% , , @ . N � @ i C ,. � .m+ cn - O. L W V1 V f0 V r0 a � V (O V (O 7 V (6 to p C L v) W p ? Y d C al 6 tl Ln tl d O F.i cm�E�Jd c�oE a omE or0ocn o'C+� mC C o ro o ra o ro E fu 0 °n o a c"o `L� '°a n `"' a a o E o * j O C nj O aci C r'o 0 r��o r`a C) D rLo D U r`o r`o r�0o U a VOl 7 E U d W U tl Vl U a Q a= U) Lu 0, m c> E LOU GL O g Lo 5 6 M FEE!•� allow �+ Z lfI Z O. N O. Z +0 Vai, 1�-1 z 0 a U W a J a a O wool 0 to a c p a• p wi W W W W W G m m Z Z Z Z Z x O O O O O O O Z Z Z Z Z Z Z ri O•— N (a p, a) a) a) a) N N N a) '.. Z U U U U� V to °' i M cn c� (n M (n M (n U) tj cc Q m Q m Q(a 03 co U O O N a a) Q. N Q �� a) Q Z Z (n (q CA CA (A CA U) U) U) U) c Vol o 0 0 0 0 0 0 .{.J � tY N L L N L c V a a a a a � p L °•; m at0i a�i u a10i v af0i Lm a (Am _ L L L •— WINNOW M W Lry L G% S+ YS 4 O O Q Q Q Q Q 41 o Z Z U) ul (� V � U MOORE UNION - a n 3 •a 3 +� L� VolvoY� • _ O L f al .ti o �j 3 LMason Y Y y 'p p o y (a o AS +�' u v_ L �' L (a to C L {A a) o. M Willa o N d '- L= o Y a GApm . a a L t=!1 u c L o Q ra a U� 0 3 rn U N \ p, p O O O O O O o O m m U °c _ o U n n n'G n� m in n n U asumc +, c_ u v U u '3 U i cWINE v u cn U (owff� LMINOR Si r6 a) L tU , W p 12 F- Q Q ra 13 in a tZ M U MINNOW p L 'L O :N' �� me �= o 0) co V)i � ; = rn0 Q a�0 a( fl. O O p p O G O ff_ O Q y O O N `y 'L S m io ;WI, ;? io E ° io .a '> i m a ca p is v U' „ ai o R a� t o o R m a ++ F- o u �' m V �' v% U D U L (_J cam y u i� {ri U u o U U o U y O O Ch o �U O ++ N 0 d c .V 0 O •a a) O 'a a) nL, o o a -c o a@ a a p a� o o a INA o �i' vi L. •PMEWBONN& MINOR c m c3°c c o c.L a) a �W a � =alwil 3 _3 WOMEN 0 U a p rn tU p o u .3 o U O= o -v a) c� o p o 'm Ln `o L =a U � rnw a^ �,o. a �= '0 o N� 'a c Y a o rn m m a a U ti a) C c a) a) ,u 0) v a) _ U a) a) ° Low a Q Low a� a a (u to $ a) co a — o (D p a) o a) o DOWNa) c `N° p O ° Ansa r+a cn o= a p G y +° y � to y N N 0 (n \ in p L a) u fn Los (!) Wco�E (� •II (n 'd 0 u .a 4) — a) a clMn a) Q — fl a) (A (n o a) p = a) p a) p� y aD m C ap.+ ac 01 �' .low 'y rru �' ° �' ro m ttAA a) a V m 0 fu 0 c a) C a) V a) (a a) O N V cp O L. O L E: Q. C d CL C d U U tl n: .c fl. O c d CL Q V CL d al .o tl Q. a) a L c O L L L L rn L .a C L L ++ u� ° a @ 0 E a) o c U o w •L ova) o.(n0)c (n a) o no o,v_,oa ors o� o o o V O o N c o 6 0 o U @: .0 .0 — C C rn ••a .0 i (L6 r6 ..a ,U C (6 — w .�� .0 i ..� i r6 ce m cn n , r 4+ N U= + , N a) al a-+ 0 00 4 c (� + c d 0) C c 0) c G 0) C a) C m U 0) m a1 . a O ra a O ra ro O a O a) a 0 c a o �, d 0 0 a 0 L O cn O O a O co c) a O ra O ate+ O a) _C ru rip ro Y � (a M C. r�6 4� 'n M O O 0 r�6 CY r�0 Y Cc �Uam �U�Qto ,� 0Urntn 0Uao..m �UQ ra 0uU) DU� l0 n CO C) O T-i '-i N r♦ #Q1+ Z ri I••1 0 z 0 a U LL U a rn Wool 0 a a U 0 a cn .c m 13 N /Il L LL V/ N Ln O U = o Gl �_ E 3 CL i0 o LWo CL a c o O m 41 o CL i o U a E- OG '3 'D M L N M aCA E 1 y N ' �1 v Ln a` O o z a c m O c M ul O e. 0 a Ix om m #'' O � c U :N U p p � p W Q k W ,tn m m m x O O 0 O O74 �� O a)act L M a.; a) a) a) a) m a) z a) C a) C a) p� U� U� Uwc O p � wo p �' p coo o M m Q m ku m a N tp o' 0 O 0 a) C.. a) C. a) a z cn cn z cn cn z cn cn G...y.... Vol ul o 0 0 0 0 0 u W L N L N L N L m m d LU*mWommota p n n a p p ado m r +O+ 4- a a a U Z O n 0 n n Y L Gam) .i ,� 'O O t4- H Lo .0 a > N y N U U C c �� L L O .- L L O '� C v n o a � 8 o � Ln a � 3 Y 1 v H rn c'L 3�� o O °� H O Q G ° ch a L [a C N — u0 f0 J 4^ C v Mo u O= O 10 iA iL V a 41 Q c ° a i 0 0 U ° i s.. um; C N U i. O M � M 2 40C �' c d• 4. 0) o . d 41 o ` ;,40 .� N o .� +� 4, -o 1 .� .c cn ._ M c v_� ++ c M a cn w 0 0 0 cn UUy o MINNOWO it U � U U •L L U � U om F- 3 3 o a� a) 0 m U cn p L O Q W y %n U� cow O �� Q 1N �� c d c C. O C. o C o U V o (a o� f 6 = o U y '% co L ° M ° ra Q y a3 N ti n3 —a; '—y ca O a _ n "MM U Lo o M " '� CZ lamml (U WommoW 'r6 oL vi C o Q a` d i oW'v-, d o y �, o IkWW_ WOMENc� o o� 0 0 0� _ o c c° � �° �+'3 o v c u. of a) ro c �. cWINE :. . �. c �. 0 +� �. a) u RINNtin y U U s Q' n\. M a a M= a c 3 a) .: 0 �C U jp cn i = O 0 0 R n 19 Z a= O v N o W (L6 p a) m 17 W E 4% Mo ° Mo C. 'D d N E N wo R a $' v C O U X: vi V, � 1p t; °� � a � N C Ellod U_ R U aO+ V {A ° 4+ i u ate+ f6 -O .L (6 L f` (� M C (6 41 N (6 u) � � !0 L L •o ,aj t0 a a a) o A y y rn = c"n M a) (n o� 0 3 a) U c a) o° a) a) a) m o a) cn v LOW) ° cn L F cn rr L u cn rL n. c Gl ° co 'O L a10+ ro Gl af0+ M O VI ro c co of 'o o _ ro B U O C ro m N— m a) U a)loffilmy a) ._ C 0 r a) O U° a mwoU amU aV)i ai C aG n3U 3 a mQ u C cn a) 0 '° 0 o 0 0 O` a � CL + m cn � + o 4 � + + -C 0(n -o '� 0 � 0 c 0 0 rfo 0 -oo low v a) (a .(n E a) � a) .cn a) .cn a) .� n .N c a) M o .. ra C- .. .. r. ^ m _ .. a Q) i� i C C ' C cn C C1 O cn C C1 O C 0) Q) C Q1 '- a) C Q1 n- E C OIN, O O O C C O O o 0� o 0 0 o U � 0 L (�O � 5 cn , ro + + ro m 4. +- Ln 4 , , a) 49 � U to CP ov�� oUOU) DUO �uU) �UiLU) �UO�w 4) Ln � co Z F'L�1 41 U O i. a p1 .c Ct ii = o M C O E 3 CLfa W o L O o 'm o Cal L OL U CL G7 Jc C � L N M .D aU) M E Qh U L a O o Za O m c N m O om 0 CL mc 4mJ 4j 41 c _� v' 0 cl 0 0 0 a. EEn � waco m m m m m Ow c p�o' k O O O O O O aj W Z Z Z Z Z Z � d 0 n• L '_ �n •� y41 wL N C7 'a E a) E' iA O 3 V p N t O C �. '� cN E L. a,3�oa Za cn � I m o 0 0 0 0 0 ��o - v,'� d of m m m m m m �O L0�'�� O O O O O �`{ Z Z Z Z Z Z ' a) o 0 0 0 0 0 C U xw O µ. in cin e SW 41 a c p O c .L o� v, cr p a (U i 47 O \af �_ �_ �_ C 0 - f0 N 0 m m m m m m 6 'a °� N G7 O O O O O O ro0 � om Z Z Z Z Z Z L�., �+ V (CO O � /0 N 41 _ 'a C C p M O n3 -C ��% LL N v N d U d L N vi R of p i v p m N '•a +'c+ c C: O 41 in O "m y v m = in O vi N�= }}aa U O O R O O O O O a) O O me � . m L Ea d L 0 Em (U L U) E� w L (A Em N L (A R E� L E� N vi o o o o o o Ul c 4- � � 42 o a' w y „ 42 o 44 4- a) M w 4) 0 � cn c cn c (n c c cn c cn c w _� .3 ,3 ,3 v y .3 .3 ,3 .0 .0 .0 .0 .0 rna) 47 t0 p a� o Rm 0. m o �m a� m o R .0 (Jf Q% � y N y � % H �' Q 0 /' M 0 L. °o, 0 L. a 0 i' 0 L a 0 L c. o p O CL 4. 'a h+ 'L iO 'O O �p 'a 0 'a O f 'a O @ 'a O Lm @ •� O U U V U R L R L U R io L L L u a) to G7 G c 13 c a c o c o c� c o a> U �_ d d Gl a) 0 47 d a) a� o d d D O d L E E �J E E �J E E oo O O O 3 O o O o O c u. a� a� a� a� a� a� CL c a' a� c a' d c a' d c a' a) c a• N c c w �v_ E 0 = W n Ewa =uj,o =w n = W.o � Wm tA ��,� (n �+ � �°W, u�f'v~i o ui� (1) 4 o i� =o A "a =a U =a � 0% 0 +� u v g U U U Q)(Ij a a� o_ma o o �o 4�0 �o 'a AJ A L C) L G) L N i. N L R i. U ,tea �a 4, Cm �a� �a� 4( a� 4, a. >E a /n N 'O 0 (n ++ o (n 4J o U) a.+ o Ln +1 o En p' 'a s R s m 'a 4- p a) t0 'a n3 'O 01 R (O a1 R (6 mc 01 R (O '= 01 (a a) 'O R a (D a) p a) dJU a) aJU R a) aJU N a) dJ(� R aJU m d JU R a Nv� (n O N N (A G7 = 0 a) rn _ Q r Qi _ CD p+ 'i' O O J Q (n O (n Q O (n '', �_ O +Lo E ,(n "� _rn ,cn J 3 .0.,; � (A o U 'a o U ^o U 'a o V o C�J '�-' o V J C a) 0 o 0 0 0 omj � •O. � V � (Q O U � O = O L •as a 0 0 V O L (n V V O d (6 o /0 C)ULL.a. �Uma DUtna. nuU)m OUHa. �u0il. RS.c Z � N N N N ,U c N CL ma 4 z 0 a v W M v {t( a O a a Ln c o �'' = .c ai o rn a in _ c O o = O ca J �; c O C M O > a E a.Li ay Q G' a t cOi O �' W N Q. M' to W x W C0 U o' p Zf 0 m Eo m £_ oa)� =�c�a �: � IO a O "J N c ' c .0 ro ° `—° tq c z O °' M '�, N L c N � to fl. 'O s. 'a o O In '� o d = .� (lS Q� IIIIINIFGJ Asomma � ms 41 CIO w O O O E (n C� E— .S O cVol L O@ Z 0 O, o Cd u _, = V L U N O /N y/ V C =_ v Oa, �4� U Km V 3 o LU d' U� O i� O -� N V (a to Oh t c o cn �.� a �lIqIqg — IIIIIIII ININIMPI 19 � � p IIIIIIIo L' O '1 eaj p ' C Z Op; N O=LO 4 eo o I1 cY) Vf U U o _ � VI O a) N miniGl J fu C L K 0 O v C p WLn M ro AAL Yi y .O tp o a fu � v- ° ° IC �4 L •C c a=i4° c E n U= C U z E ° Ul o LKINIIII U ) W 3 W p i 'o p O f0 N V O 47 4_ O ii 4- to c {{j � O fop O 0 Q i = +� SINIIII +' CD In O U O Ia tl,iA U) IIII 41 � IO N a O Y a a1, i a. BINSINI. \ V O d t V O u p G7 �- � a .o c No O E .O p a G' I.� 4- an a�i a) o C> IIIINISG o IIIIINS@ - ° M o — o \ L 7 Y N 44 W _ o W um um a� ion@ + �-vo 41 o � O _ n 1 H w O c OV ,fo t~!1 C @ a i O O U ( Q' a) O +' INONG C. Z 4) o � ° 'a +' O �_ � d �� a ' J G a M mv 41 aJ fl. LL. CJ fa 41 ce 0 L O M Q fa a V CL u ��� xG.0aL n O CL > c _ omo ai wo t O' a) ° � L E ° 4- o ° a �o E o O 41 o o CL ° cOo .� fl, o 'I-' O � t4 p 1110MR 'L a: N cy 'L � of a L 'ia •� U po i O d I+ 0 vi N L i LL1 ` y o tvA U tp , rho t=O d d N d G O 0 O G, " O d G o = F/ Q x W O o m O coo ,, Q �+ al O O fa i O N O L U L a O to CL _ DU�a� _ �� Z �Lf) �HdWd O O CI.INIMIN% N IN G1 43 z N N 4± z N Fi z N :Il Fi (n E t`-� Fi M 0 z 0 a U W V W a a a O1 C .IJ .0 p1 'C v O � a� um L' U M Q E 3 fl. � o r ❑ O ® W a` L e = o i O 8 m0m i W E .n Ln L M aU) Cl E ri N ' al u LA a O o Z C Mimi c N m O a O a d � S S S S S (7 L It p n W 'a 3 � _ 0 LI O O O O O Z LO O N OLO d' N 'd' idlr Jd'r -bor 3 ,F, U 0 U T vi vi i C1 m E p G7 i LL c a 0 Cr w a O c a 3 a i 0 0 0 O Z O O O 0 0 0 0 T O 4 a O o a� 0 0 a� K m d k fa U_ O '� U_ 0�, , V U_ Z '0 U_ W 4� UU_ W 4� i Z W 4 Lm mc W 41 N .y 41 N O w 47 ro O +� 4 E 41 E i (n cam+ O V1 L i/f O p ,a (A p a L_ N L •(6 L (O L Z L Z � j f0 m •V M y a M U m Q) W m W O d N G7 d O ' N d + p G7 a 0 U)ad a)41 ? a O o U c c v i U O U a O (A O m a O N O e C M O� M G � a� m cn �p U) i M dL. 0 m H f0 -p 00 m ra To U '� DLLMN G M H G t�oN C o H OL L 41 � L .ai L c L. a c L. G_ c ._ En 0 0 w O w O c w 'a 4� w 'fl 4, i 4+ O +�+ CO 0 41 a. LO t6 cp �_ A•p� ,L L WL e L N .L °W ° ° ° (A t a c c ao J. � J_ Jp a Fo JE O J � WOon O t c >4t-a-)1 Z L p L L j Lcn i L Y L L L D 7 G to U O >' O L.O L O O m 0 O G1 K c 0M 0 O M a O M a xC7�o xn:w xa�a xa xCLLU L � L = L a 5 a � crw U 4� 0 O W O O O � "O O O o LL 0) O. (n cn 0@ rco 4- .0 A O. a aD a) Y f0 a) ° [O U ) c .ram) � x m 0 0 a) cn X r0 O O @ U_ a 0 _U � (A 2 coo 4'" o co c W cr L o m c W Z (n W O. z � U) c E � w a 8 O M ri M N M I U 'O 0 a m c .c p1 'C wo Q L V_/70 0 un = o U M }i 41 c o 47 c E 3 C. m o W CL o a` c O 401 m o L o 'o C M E M Ln E U in (L O o Z� O m C j.y m O a Lm a o O J r) �_ 0 aim V m m m O O ULLUWa OO aaa 0 n a 00Q L 3 W z ��Oava6Emii Q � 41 U 0 a C .F+ o A\ L V/ N L _' U R o o O C: E .3 a5 o Q' o LLJ m a` L O o mV) o d Q i U °' .o AME .n i a) M a� G1 E ri v� � N Q1 v L a O o Z� c� C M O a Lm M oc Li Mt LU °c n� .0 L o w 0 w c J O L c m J + .� 0 ++ � ,i+ (0 p a� 0 � is �. .i.+. C v Z C. L to C. L OC $ mCY V (O O (� m 0 O (/� is O O .t-a _i4 = V O z �• ' 4 cn rnQ'� Cam' t p4 m WyOzm CA O 1- m E p Q: a� 'MMM —_ '+L- W % kc L U L. Z a� J O O m t~i. L) 'O' N a N aa) 0 (u Q ti U �"� a) w a N 0 O •a L' 4O N co L: @ � a O U O d �_ H O = _ '10 C aeq moo_ (C to = m m m 4110 al O un0 O O 00 �� po c `� N oa Z Z Z ro O �+ a' p N � c o (A = ^ low t�if O =o i m V O v d to W o; � W m 0 V m u +0+ m�uN m p (L) m m Lm O a U. z � H o v z Z Z O N Q c "- O a) C =' L a dm O m N ,i, 40111 w O L C. o m(n p c U 0 m� +�.� 'G � E (h o a7 cLo O = o p N Q m u o LL L U c E d va. G G a. c°' 0 d '' O G o O d = U i U i G7 U f0 U U M ffu *' c obi i = V1 t a dS Z OJ Vf C7 c N "f° iA p y ' a io L ~ C. L O � 'U a-+ c = (L) = z o ff�o v ?�_ H = H O G7 W� fl. O O K C 4+ r�o �p O ai 41 W C. a N 0 a �(A c C. � '(A f- i �% c �Qj N 's N C O N O M.0 C 0Y u 0 u' to 0 m' o ++ o d m a� = C` c � C z �' o o ce �� Cr c s c _ m o w - o L 0 No 4 C d Jf U 0. tL C N O W O c O La 0 �' "o•7 N � � U yam.. N O C �..\ d O K c W ra '' t O U O@ O ce Qi m W L L m a �{d O , 49 to Z� ,0 y0 O c OC U O 'MMMM@ (A G 1 �- N L.�^ d L = L. N C 10 i.� G� u t� N O y O W L%� a� EA L 41 � � c r 4l mo N -� a) O (A m � J 12 a) O Z3 A. ice+ N L 'm t0 N V �, C r_�O U C _U E m U L W N .0 �, v L L, .{d f0 Y N m : d a p O` 41 O O +S+ r�o 01 O O m ZO(i(Ji �mc 2 Um ua � wo C; O r. p C , ++ O s_. C + N c O X a7 '~' O 4j O O L i' C O E Z 0 p 41 0 ,-� .U$MM L p � a D L= O v' ai ¢ (V T t ��p o Q o' � LL o y v� _o _ v� o _ G U +' O +- W O N c d u UUi v }' (n to O O O U� U �+ Q' a O _ N p� �� c6 t00 O L U ro 41 `- ~ am NQm O L U c U ra U ru Nam c N N O c �' O 4 O �-' Z c0 w m J (n d Q! c f0 c N(D Z H (n J U U) U +tE U) �--i C O w to _I O O N z Z y Z' M M d.. d.. M d d i 0 Z O U W U W a J O a a 0 GCl � G eI O Z vmq N 0 Ln U c U C i d C U d -a It O O Vol 00 N T m y O LL W W w W W w W w W W W w W w w W W W W W W w w W w w w w w w W w W W W W W W W W W W W W W W W W W W W W • Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z z Z Z z z Z z Z Z Z Z Z z Z z z Z z z Z Z z z z Z Z Z Z z Z Z Z z z Z Z Z Z Z Z z Z Z Z Z Z Z z z O L J u 0 doll c T G G G G G G J J J o 0 0 0-0 0 a v bal •� •� y •� ^� o o 0 o : w ;m 00 tw J E;E E aavavr3 3 3 L G c �u°u0uuu0u u ,� .� ,� a+ ,. °i N h. O • u • u u u u �n O O O E E E E E L=- t~ :I= L= C c= i" i ` i i ti u m Y Y > m (0 f0 :f0 w 'O -O -O -O '° a 'O C C G C C m m (O m (0 m (0 N m m m m 'm m m m m N W W G1 G1 Cl Gl N :H H m u :C C C C c 0l N Cl Ol N v v v d m T T T >• T> T>>> T T V O' L- -- L .c T T T T >• M m m m m t0 c0 d 0 d d :C C C m L : >>>>>: m m m ro m: m m m m m m m m 0) Q Q Q Q Q Q Q Q m cJ U U 0 O Q O. W W W W W C7 ('J C7 t'J V' C7 C7 C) l7 l7 C7 C�-�, Y Y Y ]G Y ]C Y] Y] Y ]4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 o 0 0 0 0 0 0 N*a o 0 0 0 00 0 0 0 0 Ill to M m M M m m UI 0 m to In 0 N m to Ill to N N m N to to to 0 to 0 N N N N N M M M 1H H. IH .i H 1H a IHc PH H ci r1 17-P1 H ri rf H 9H H IH ri N IRWIN no w w w u w I,PIu PC u w u u u u u U u u :U U U U a Q Q a Q a Q a v v -0 v -° ': v v v .N im m m ':m m m m w m `O _ .0 vi o` - v�' vi p vi In +Uj u w m U w w u m u :E aE 0 w m w u Q„ w IE '.E E m IE m. E E N Q E Q �0 I.m `o `o `o w u `o *' Yi u ti u ti u Yi Q u u ii o u o -° ¢ u 'G -o a ,L, `o �0 ❑ J m J m J m J -O m J m J J C .O m J m '° w v -O PO D � w 3i PO :ai c M Ida a m c :.. -O N o o Q o Q ou Q o Q o w m Q o Q o o m m Q 0 , u u a` Q a` a` a Q o.: Q °• Q. u a Q a Q n`.. 0 C C C !!��jj C Ij C 'O C Q �y' Y.l C 'O G 'O C "O Q N w t C -° FJ "O FJ V G L G E o c J J 0 C J 0 C J o c .O 0 J O C J O C O G 'O E w 0 O J O E. m m m ° m O m m -O m m% M m C E O m m m- m m m c L :. O E _0 m L u r O` O m y vi `1 v '� :� v a/i ` v N u 0 V `1 vi v Iri O N u V N H m ii u +:i a w u a a u c a v c a u c v, m a u c a u c u c Y+ m u v < N W N\ N J J\ m :Ol \ m 0 \ N :N C \ UI Cl \ O O/ N N J u Q\ 41 U u J Q� z avv z vQ u Q o :E c O o c E c s E :c '.E °¢ c E c 'E E v o -u¢Q'O ca .¢.o v :c v v v M v a s v a L v v ;c E-, G1 -O L v a s a s :. ,E c Q c v a c ,v c : E c M ',E c :u c E c u c IE C" c L E C u a E c u c u c L a` v fO E C v a` m f0 m tw m I0 M `° m m E 1O `0 m m m m u nq m 'O c E t0 m c m E v Q °, y °. m v a v u °_, m 0. 0 E c m °_, E m n < E N �e c •u c •u E < E E m m E E m e a m y c n c 'u q J � :J Q c �. Q ,u `m J Q J i Q Q J v •� a v a a o• Q. 'a a a' 0n a' Q. m c> 0 °• m m m m ,,. ,, Q >, m , m@ Q m J va c � awa`t`twa c•� c•J W a c•J c o w a c n. c'J -. `t uc Ewa Q:v`t v ,�wa v ,n en.wa tR v- vIn w CO o- C r C J J sc c :N o- c C O/ a- c C O) s v C :00 c C N a v c C O) d G m Q c J w C L c C w E J O w a+ O O VI to O O W Y_1. O O: W ++ ° W C ° O W �+ O O :E N O E W Y •1 M E ::E L U° to 4:O ._ E E _° E ._ E - m° O L Q. Cool PP o. ,d a m m< m a t� t m t :d to v •a t m t� w �' t m= :m m t� an d in •°' aci a aci :c m a m t w m :•0 m v a E m }`u '° m t0 la a E m v fl. E '° IQ a E J f0. a o. E '° ;s E m. v fl. E :J a �6 m v m to u v v01. u u v In u a C a Vt Q a N a N N a W VI Q QI ¢ W Q O) a w Vl Q. ° 0/ a w Q Ql a W Q a w Vl Q ° In C Q Q ,O N a c Q to w VI to a s N LL w m c v -O -0 C c 'O c 'O 'O "O C a a a C "O 'O 'O c C O 'O 'O c v c v do 'a pQ 'O v v 'O tl0 a -O '° W C C C m '6 W C C m 0 C C C 'O :.d G C C 'p W '.0 G G C M� 0 C C C -O W: G c 'm e G e C C D YJ Fj m O 'O d [� C c J J J c J J c J J J c ',� J J J C J J J '� C 'E J J J C E J J SE J J J J C v 'a m E 0 J v 0 o v m o m m o o o m o o o m 0 0 0 m 0 0 o m 0 o o ;o o o J J� a ;0 btl ,m ;o h0 00 w w h0 W m M '- u m W M u m m M 00 h0 G W O "O L u O OL U m CO U Y N CO U :U 12 u M 22 f0.1 Y :u O 2 Y b0 m •T > > m > > m > > > :m > >? > m > > > p m m > >• > m > > m > > > p > m `m m !W a -°. m m m a m m m Q m m m :m -°, m m m. :v p, m m m m -O. m m p. m m m m a w p. m m a Ip m m m L v m a a a w a v a. n. a v 0. a a a v a a °. a m d' a_ a m es v a a a a. v a a m a a a a— m :c a v_ Q• v -a a `- -a >_ a s -° a -° a a 'O c �: a -o v v a. a v a c J a �-. `m m m a m -0 v °l v °1 v °1 v 01 a v J v a o a• u :G c c :c c c c c c c c c c c o o L L c c c s c c` c c c :o c _ a a v L u C ._ m m i S m m y m m m L m m mLi f0 m m. m m m m m m m m 'm SIPP m .� �.. .� .� y, .� .� m Y .� m y.� .� .� tD y :0 -00 i i i 0. i i i D ' i >' 0 i i " Y i i J 'c O fl. 'I'' i J n n a a'Y. n n a c= 0. " n :>• m m m J °O • a' v -m m m v= m m m= m m m m= w m m m= v 'm m m M v m 'm m= 0 m m al m m m '� m a y :oD = :v Q m g a n, a s o: Q a a' °. Q w a o. a Q a a a a¢ a nr a a a O Q a a n. °. Q a a a a a a a a a q In 3 0 in Q Q a O I(1 H N M 0 W 0 m m 00 M IH N m w M e N m w I ci N M �T V' W IA IH N m w t(1 �-7 M In r1 N M V. Vl O I-1 N V w w tl) O N t ei N :IH N a-1 �-1 N IH N N ai ci .-1 IH c.l IH N .-1 .-i Cl t0 rMl Z t"' L L C U d M � .Q 0 a U N O In 00 Vf T 3 E 00 O lL bLO W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W wzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z Z z Z Z Z :Z Z Z z z Z z z Z Z z Z z Z Z z :Z Z Z Z z Z z Z Z z Z z z Z Z z z Z Z z z z Z Z z z Z Z Z z p C c C C c C C c C C C C C C E E E E E E E E E E E E E E u - C a'Va:aaaaaaaa.6aaWVI 0 aav-o v-oaaaa-ovv !=." c c c:c c c c c c c c c c c c c cc 0 0 0 0 0 0 0 0 0 0 :0 m O n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o E E a fl o a o a a r r :m m bO W U tW M no a a Q na un o` W o`n o`n s +w-' 'w'' u u u :u u u u a n E E T T T T T T T T T m v w C C c C C C ' m m m m m ttl m m m m m m L L L L Y O O O :C O O O O 0 0 C' A' s+ $+ d+ $ Lt At' L+ 4:! $ 4'. $ a' a. d d' m C ti0 l` c` (y0 (` 1�9 (` t` tL. t` fy6 �" a O_ a d d D_ d d d d N N N N N to u U U V U V. U E E E E :IyO A ?• T •°` Y Y Y Y Y Y Y Y Y Y Y Y Y Y 3 �j O O O O O O 0 0 0 0 0 0 0 0 0 0 O o 0 0 `m E E E E E E E w w w w 0 ':o 0 0 0 0 0 A 0 0 0 O O O a a n a a a a a a a :n a Q. a a a a Q. w w w 0 w m w n a a a a a a n a a a a a a a n n a o�❑❑ a o❑>>° :o ° 0 0 ':a ° a>> L L L L L i. L o o d N N N N N N N N N N N N N N N N N N. to In N N N :N N N N N N N N N N N N N N N to N I- 1-. F- 1- F- f F- 1-. 1- > .0000000000000000000000000000000o000000o0000000000000 N N N N N c-t rl ri ci ci ci ci ci ci ci %i � `-1 0 0 0 0 0 0 0 0 0 a 0 a 0 0 0 0 0 a 0 0 0 0 N N N In N to N 0 0 0 0 ri a-1 '-1 a-1 a-f a-1 �-f s-1 -i a-i •-1 ci. ci ci ri s-i �-i rl a-i •-1 s-t i-1 rl t•1 ci 'i '-I c-1 ci c-i 'i 'i c-I c-I ci sY �-f .-i i-1 f-1 ONO CL Ul w :w w w •m m O : m ! O O m N U U U U U a a a a a a a IV Adel c m : m +� y y0 `0 v�^ vi W u^ = v°i C w N w C C N w w w w v u y ° w w r::. v u H w w v w u '.w W �. E m E c u u : E E w u u E: c u ,E E '... m a ¢ w .� w v '. m" `° y `o a o u o u o .0 u `o U .0 ¢u U `o Ui U u m m o 0 w c a ° ow c -o a M> > c mAll w� w c c iU.w c m c ra v cv v w m� w ':u :a a u : a° u 'm u a o4 f0 H¢ ° u¢° N m a;°. ° v o ,° u m Q° Q u ^ °• u w .� c °- ' ^ a :� c of m ^ .a u n:. '� n• p.: Q a a V ¢ v+ w ui u 6 ui Q U c -o Q ¢ m 'w c" U c¢ c ¢ m w w r c ¢ c m c c -o w w y O ° c' O O 'O O O O ° c O w w° O 'o :� - c ° Y E H .` O 3 - Y - c : .� - ''° c m i v ''° ''° `0 f6 ._ E f0 '0 `6 m m ;u°, E m '° m '° o m o ^ o m 'm '0 u `o �°n rw o m o 0o :w o u o 0 v V1 y a m :u v v �^ '9 ;. a m ' u v v a m v vi m v :R a c a u c j^.,^ r w u a " Fi �n Ou N �i Q\ w C N Q w U Q: N w C w w w N Q U\ w 0\ N \ w Y K w C •� Q U U .-� '=O :C ,� .fl mt vs :. •o E o.E �' E m °E cQv¢ cwv E o�v -mot-ao ° vs aci .c cQva ^ aciv vc aci-�° E u c E E c" c L d L o f0 E c L E c u c c' o `0. E c L c 0 c u c E n E c u u '. w c `° m M w c E '° `°. m m w c m -0 m n w :w m e m a E c m �' � w m °- E c m a a m m a m 0. w E Y. E' •U �'' "O a m aEi C 3 .Q 3 Y E Cm •U+ a m Y C Y` 'O Y u� Y Q E a �i �� Y '� •� Q E a a H i' Q a a s o. m Q Y ^ a.. :c 5" w a Q a m a m¢ Y .. +'3 w a m a y m m a ':M c a m m a W .= w ._ ¢ w m w y; . 't c> E W m w At w _n C n`m. ^_' w N r a a :.,, w w N a - a a a C o a w a c o c c v w w aci c .c c o. w c w a c w a u •`m-' E m c c.,.cc c w m d E m a c w c•- c v c w W m w E c c °1 w 0 E w o ° E w y N.. o E u 0 0 o f W o E 0 0 n ootf' o E o 0 E _ L m L m 0 U `^t ::fO v 'S o '3 0 w c m "m' a, m m Q v i� c 'd '� o °1 "' "- °- w Q d a'3 i'�. ,',° t3 v i� •- o w n°. m a C v '� o v °. m `u 1O E v 'u° <'' m v E E ai QO m v v Q a a v N z u a Q a a a a a lu d m +' C Q 'NO U) w d.. W w d w V Q N C a Q -0 w ., Q W ¢ w N w w to LL N a N a w N p, y V) m m -o m c v v -° m '0 ^ !!RR a. ,. ac. -a m �i c w m �. y v v a s Ul cc c a m a v u. 0 w c a w v v vi U m c v ,c c c c c v U c a c° c E iJ Ti a E U o a w c W E w m c c w c v L C O c E >>> o m. c o v c E I. c E:o �>> N c 3 Q C m 3 c C>> m O O m O O O C O` m m O O O O �° m O w O W` 0 0, 'O w :w dc O O V L m ;w c w O O 'O L m :w :N :m j ? m m ? `m 0 w tlTp ONTO OYTU w O�TD :.� y T :m :m T 51, •' m �. m _ O = ? ? +� d. m Y m •a m m ?0" m 13 m a T n. m m m m :p. T n`. '6 m m m m R m m 0 w w a m a "o m a ::0 w w m 'a o o.w a'O ,gm m�e m am m a an{a:w a.aa a;cm `-°Yy- ---- a a c m- m >- - m e 0- w c w m w a m a a a n w a a a a c a c c c o c v °' a a v m o `W c c c c °' a o- `o m' m u c c c c 0- c c c s t 6. U u L a L t i s N ° y '- L = m m m m '.N '� N o LF, w m ._ m m m -P m :N w W a :N m m mi w ,.E ma m m m ro Y 'm ' O i O ` T v t :c O T O a o Y-o c O a i Q.. 0 °. m m m a '- a m c m a a" a m a w m m m 1O m L o a Y : m- w m w m m m m s o 0' y 3: 1m - Q� ID L w o w m w m m m a• 3 - w m- ¢ m m Q a a Q m a a a a a N a Q N O 7 a m a Q m a a M a N a Q N O i N m a m a o: a a a¢ Q m. o_ a a m •-1 N w N .-i N M At N w of O %-1 N e w 00 N V' oo N e-1 N to N 00 m O s-1 N V w w N w ul of N tm to ci N M O N c0 N N co ei �-1 N ei H ci .-1 H 'i N :H N H a-1 .-1 .-1 a-1 .-1 N N N N �-f c-t c-1 Cl l0 1 Z L L O f c u a O 'O u a a 0 � O O y m A 7 CO >_ O LL ol ol w W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Z Z Z Z Z Z Z Z z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ZZ Z Z Z O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z Z Z Z Z: Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 'Z Z Z Z Z Z Z Z Z Z Z Z Z Z T > T T a a a a ea C c c c = c c m m m m m m m m m 7@. m m m m m m m L L L L L L L L L .0 L L L L E E E E E E E Cl.. a a Vl to � VI to In N V1 Ion V) V) In N an m N m m m m In p P$ m m m rLa i m m :m m ro m ria y y o a o a o a o o o 0 0 0 0 %*�o o\° o a a a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0�° a o a ON off' ri' o\' \ o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N ttl l(1 u1 M to 1t1 an ci ci 1111 ci I -I i-1 c-1 H I-1 r-i r1 rl H ri ri ri .-i II-1 ri .-1 '-/ I-i ON III w a w a m v `o `o `o `o t`0 0 CA u u u u u u ¢ ¢ ¢ Q Q ¢ a -p '^ v -o v -a '^ C C w m w m m O a 0 O ` a 0 vi vi L�^ L 0 C �O C V1 C E : m u E v u E °' u E u' E °' u E m u `o m u al o `o w m ¢ Y u Y ¢ u uu o ¢ iy u t ¢ v a v .N 0 -p y= m :h 0➢ C '6 ❑ 'O m O c m O 'O m O N o➢ =v c"o �`p) m' a v cv d = w Idv o :� m. ¢° m Q m¢ o ¢ Q u m Q o u a u o m y u u u— u ¢aci w '� c u 0 ':Ol = c c v u Q.. m Q e a Yi a u u E v E N` a a E °t a `o Y a v m °1 v c .`o a m v •� m c m L @ m •" o f - E m m E m W 0 i m u a o m A u o o m m m �.E L u a �n N o a d m 0 ui 0 u u h u` d m v H O o L 1 H d m '^ a a• n' vi ? m u d u C d u a u m o p c m a u m t, u C m lu C 4111 ¢ m a C w Q a 0� a C °' m C C Y a c¢ u y ¢ 0 y a y Q u a v a v a 'a E 'a u ¢ m °) u a¢ 'o E u¢ a ¢_ ,�., E ,�.. a E a a _o c . c m- c c :o u¢= o m E o¢ c a m L E 'O a "O E L' Q "O = a -O L Q a 'O E. C 'O a Iv L Q a V L E E C a m c c c C Q c L C m c ,N c u= c c d s .0 E a c;E o a c E c m E= L a c E L o m d `0 u m �° m oo E u d m �° c `0 n m E '° v 3.t n w c :o. n a c P_- H :a m cp ;m m= '� ._ �,. a 1O '3 #., v a m E m aEi '� Q E m Y E •� f-' v ¢ ,� '� c �: ¢ .� i ti p. •r IIIIQ 'm �, a a• Q. Q C 6 Q c> :a v >� S c n ro j. a In ¢ m •O m .a. C m •- I. �+' m 6 m 'O C m - I. `� V) E W }' O' C W d m cr 'a V) 'E W d '� = N W d O' a W d N W d ;I m . a �n vi a a `—"+' a v al a w u m u o a w a w E c c w E w ;_ __ a=i v v on = c c u' E c c. w v to c c m v o N p Y E E w aI E W 1+ E c o LLl. 1+ N_ m E p L O In O L C O E C O p L O. E E .o c a :> m m n IIIS0 w m v m 'L m'' a m a ii d-° do m< a p 8 C m do t� w w m `° v C a Lh' w c a Q aYmi p o > > < a Q 5 o 0 o a 'Y o a o E In m E v m L a a vl 'O E an u '° v m o• n E In m o• n E ` v m p Q n u O' a u n' u : �•. m v m ¢ Itp a Q'. W N¢ N C¢¢ a jn d=¢ -O 0 W to Q Q. •p a y' LL a W N Q N Q •O a W VI Q LL N {� d m 1II m :Q a my c a Ca-ov-p !y�1m C-„ !� = a Cvav crt W = uim c-ua-ov -cs cvaa Uoa -o t�i i'i E m E o o m= c E m _ ;� `m :.s c E :> > `w c E _: _ :E �>>-� m c 'E n Y 0 m o :o o 0 ,� v m o o `m m o o. o m v m o 0 0 0. m o 0 0 o °o S o L m a o v a o o v L a `b0 `b0 `00 .o L a c 'a.. o Oi a M III. W a L a ,= ' UU 'v_ bD u V :u w DQ m Gl p N N p :.� u �. Y u O u u Y u :m 0 u U m m U`TO UW d O ? m ` :m > > > a+ a m m > ? > m m O UU :16 > > > :> 0 a a+ : n > d d i — :.n '^ > n. ` m '.m m 6. > d �. m m m :m d — m m m m m .o m a v `°"°'---'o m m m �e m ao a Y—v a m a--- a 10 av 1p :n.---- a m n---a— o v a= a Ri = d m d d d rc m Y `' a a e m m Y m= d a d a d �e — m g a= m�e d a n. a. d a` — °- 'a dad d o — a .-:`m m. `�v `m >: �:aa" �avaa m `a ma IIo ,e m `o v a '.v u a' `0 vv a o- v m o �'p a c 0 c a c=_ a. �_ u. s u u d a 0o m a c c c d 0 :c 04U...L d c c Q= u .p .. L m m `w m m m L m m m m a ' y to -Ypo a IIII �° m .o 1° " 'm :m a .r., •m to m *' .� m. a .� m �. c O �n .m Y Y aa. p �° v m aa. Y.. y 0 O i >' m > `m p. i m n r `m m m— m — Q — f0 0' — a a 16 o m ;a 6. m s o' ne a :c o Y— �. O VI a m m m �e O¢ a a¢ m m m m— O¢ m m m m t d a d O Vl ¢ d d to ¢ N ¢ h d Q Q K. d U. d h Q w d d d d VI C d a. d d d lA d M '7 V l0 W In ci N M 00 O �-1 N m Uf m Ol O �-1 N [F tO W M e-I N m •IA V 00 Vl �Y. O N CQ M .-1 N M to ei UO M .-i N M V tll 00 Ol a-1 s-1 a-1 IN•-1 .-i ei N ei a-1 ci N OcJ G f6 Z N i of O � G U N f0 > C U N a t O O (A in Vf T C [a L O LL W W W W W W W Z Z Z Z Z Z Z 0 0 0 0 0 0 0 Z Z Z Z Z Z Z tLo C C C G c G c E E E E E E E MEETPTEP Y Y Y Y Y Y Y o \ \ o ON ow w O N cui Q � a c - w m .o h y aci Q u r Q u + _ m a om 'o = co s i`o °� E v m v u u a Q m 0 Q w O a a C v m � •v c E u' a m �n W a) E U c o O O!� (U m c ami � v 7U m o v d � a c m :0. O O V m U v m a v •a @ O m y Q Y O m— a 3 o a o O ci N V lO 00 m PLAt'coRE �«.o.�, January 11, 2019 To whom it may concern, Kraftsman is a bona fide dealerI distributor, reseller and installer in good standings, for the UltraSite, UltraShade, UltraShelter, UltraPlay, BarkPark, Big Toys & ActionFit brands offered for the upcoming contract for Site Furnishings, Shade, Shelter and Play Systems, Kraftsman is authorized to submit a bid on such equipment. Kraftsman is an experienced distributor with the experience in equipment selection, design, installation and general questions regarding our products. UltraSite, UltraShade, UltraShelter and UltraPlay has built our reputation in the site furnishings, shade and shelter industry by manufacturing quality products for the market and then standing behind our product once it is placed in the field for the public to use. We value our reputation in the industry and entrust Kraftsman to represent us in the state of Texas. Sincerely, Scott Curtis Director of Sales UltraSite, UltraShade & UltraShelter Cell 812.480.9640 SCurtis@playcore.com 1675 Locust Street I Red Bud, I L 62278 1800-458-5872 1618-282-8200 I FAX 618-282-8202 EXHIBIT B K rafts m a n QUOTE #Q74548=2 COMMERCIAL PLAYGROUNDS & Date: 09/08/2022 WATER PARKS Project: 27971 19535 Haude Road Created By: Jeff Goodman Spring, TX 77388 Phone: (281) 353=9599 Fax: (281) 353-2265 Page 1 of 6 Anna, City of Dalan Walker Anna Splashpark Renovation PO BOX 776 Anna, TX 75409 Terms: Percentage Completed Draws SHIP TO Anna, City of Dalan Walker Anna Splashpark Renovation W Rosamond Pkwy Anna, TX 75409 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #592-19 1 SPLASHPARK Splash Park Renovation Total: $2,500,000.00 Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353=9599 Fax: (281) 353-2265 QUOTE #Q74548-2 Date: 09/0812022 Project: 27971 Created By: Jeff Goodman Page 2 of 6 Special Terms and Conditions 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. 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. Building Permits: Building permits are included or provided. Engineer stamped plans are included. Submittals and reviews for State of Texas ADA compliance and inspections are included. 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. Site Work: • Site preparation, grading, and fill materials are included. Site to be within approximately 8" below finish grade.. Proper/Positive drainage of the area is included by Kraftsman. Preparation and submittal of SWPPP (Storm Water Pollution Prevention Plan) is included. 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 #Q74548-2 Date: 09/08/2022 Project: 27971 Created By: Jeff Goodman Page 3 of 6 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: Installation of SplashPark feature foundations, setting features, water supply piping to features from manifold (manifold is to be located within 50' of SplashDeck), connections between activators and controller, drain lines to edge of pad, per standard Kraftsman construction techniques. Start Up &System Training: Service includes one day of technical support personnel on site to assist with balancing of features, system start up, and 4 hours of staff operations training. Project Completion: Allow 4 to 8 weeks for preparation of plans, drawings, and submittals after acceptance of proposal. Shipping date of equipment from factory will be approximately 6 to 10 weeks after approval of submittal documentation, 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 10 to 16 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required, weather permitting. Utilities: Kraftsman is to plan, permit, and provide installation of the currently utilities provided. Kraftsman is responsible for modifications to existing utilities required for the functionality of the splash pad. Filtration Spec: High Rate Sand Filtration Pumping, Filtration, and Water Treatment System, self -priming pump with integral large capacity clear top strainer; high rate sand filters with manual backwash valve, connected to Play Feature manifolds, pressure relief "dump" valve connected to holding tank. Chemtrol CH250 Chemical Controller with auto safety shutdown, Liquid Muriatic Acid pH treatment system and Liquid chlorine treatment system. Dynamic Sequencing Controller connected to feature valves, and motor starter. Initials K rafts m a n QUOTE #Q74548.2 COMMERCIAL PLAYGROUNDS & Date: 09/08/2022 WATER PARKS Project: 27971 19535 Haude Road Created By: Jeff Goodman Spring, TX 77388 Phone: (281) 353=9599 Fax: (281) 353-2265 Page 4 of 6 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. El 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. Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353=9599 Fax: (281) 353-2265 QUOTE #Q74548-2 Date: 09/0812022 Project: 27971 Created By: Jeff Goodman Page 5 of 6 Lead Times: Lead Times are after approval of all Initial submittals/colors, and being once the order is placed with the manufacturer. Superior Site Amenities -lead time for items to ship is 16-18 weeks for Ultra Leisure items and standard items, 18-20 weeks for steel Uptown products and 28+ weeks for Recycled products. Shade Canopies without engineer sealed drawings -lead time for the shade canopy to ship is 6-7 weeks. Shade Canopies with engineer sealed drawings -the lead time for the shade canopy to ship is 8-10 week. Shade Sails -the lead time for the shade columns to ship is 8-10 weeks, and 6-8 weeks to manufacture sail fabrics once posts are installed and measurements sent to the factory. Shelters -the lead time for engineering/drafting is 3-5 weeks, lead time for fabrication is 15-20 weeks. Water Odyssey -the lead time for the embed portion to ship is 4 to 6 weeks and 8 to 12 weeks for the rest of features. Custom features are 18-20 weeks Enclosures -Lead times for Custom Aluminum Enclosures is 26-28 weeks. Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353=2265 Bill To: Anna, City of Terms: Percentage Completed Draws CONDITIONS OF SALE General Terms and Conditions Ship To: Anna, City of QUOTE #Q74548=2 Date: 09/08/2022 Project: 27971 Created By: Jeff Goodman Page 6 of 6 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 Collin 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, 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. 10. Owner will mark utilities based on documentation available. Kraftsman shall repair utilities associated with the splash pad as need at Contractor's expense. 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 September 8, 2022 Jeff Goodman 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! EXHIBIT C Slayter Creek Park Splash Pad Renovation GENERAL LIMITS OF WORK r