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Home My WebLink About06/27/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JUNE 27, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Presentation on letter of support for Critical Nursing Program Shortage in Southeast Texas for Lamar Institute of Technology RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Person may speak on the Consent Agenda/Regular Agenda items 1–4 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the June 13, 2023, City Council meeting minutes. B. Council consider a resolution approving an annual maintenance agreement from ESO Solutions, Inc. of Dallas, TX for $52,028.23 that is utilized by Central Collections, Fire and EMS. C. Council consider a resolution approving a contract to supply asphaltic concrete for use by the Public Works Department. D. Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $40,000 through the Department of Homeland Security Grant Program (HSGP). E. Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $23,400 through the Department of Homeland Security Grant Program (HSGP). F. Council consider a resolution rejecting proposals for Phase I Interior Exhibits at Tyrrell Park Nature Center. G. Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. H. Approval of the purchase installation of Playground equipment for Charlton Pollard Park and Babe Zaharias Park from Kraftsman Commercial Playgrounds & Water Parks of Spring, TX. I. Approval of the purchase and installation of Playground equipment for Combest Park and Central Park from GameTime c/o Cunningham Recreation of Charlotte, NC. J. Council consider the appointment of Camille Briggs to the Convention and Tourism Advisory Board. K. Council consider the appointment of Brian Nepveaux to the Police Department Community Advisory Committee. REGULAR AGENDA 1. Council consider a resolution authorizing the City Manager to accept maintenance, and authorize final payment to To-Mex Construction, LLC, of Houston, for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project. 2. Council consider a resolution approving the purchase of Zetron Max Fire Station Alerting system by BearCom of Beaumont, TX for $697,700. 3. Council consider a resolution authorizing the City Manager to execute Change Order No. 1 for the Art Museum of Southeast Texas Roof Replacement Project located at 500 Main Street. 4. Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Long Street Emergency Cavity Repair Project. DISCUSSION ITEM • Discuss possible changes to the meeting format to increase efficiency of the meeting. • Discuss changing the City Council meeting time. PUBLIC COMMENT - MISC COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: • Downtown Hotel Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • The Claim of Vincent Fertitta • James Mathews vs. City of Beaumont, Texas; Cause No. A-192.887, 22-0190, 09-23-00197-CV, 09-20-0053-CV, A-192887 ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. Minutes – June 13, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner Jr., At-Large ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III JUNE 13, 2023 Chris Durio, Mayor Pro Tem Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on June 13, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING  Invocation Pledge of Allegiance Roll Call  Proclamations, Presentation and Recognition  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-4 Mayor West called the council meeting to order at 1:30 p.m. Pastor Jason Carr with the Apostolic Church of Beaumont, Texas gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “75th Anniversary of the Charter of the Dorie E. Miller Post 817 in Beaumont, TX” – June 19, 2023 – Proclamation read by Mayor Pro Tem Durio; accepted by Clifton Guillory, Post Commander for the Dorie E. Miller Post 817 “City of Beaumont Celebration of Juneteenth” – June 19, 2023 – Proclamation read by Councilmember A.J. Turner Recognition – Acknowledging Saturday, June 18, 2023, at South End Day – Read by Councilmember Samuel; accepted by Gary Wright and members of the South End community Recognition – Employee Service Award Council recessed at: 1:59 p.m. Council reconvened at: 2:12 p.m. Minutes – June 13, 2023 Public Comment: Persons may speak on the Consent Agenda None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the June 6, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving the renewal of a hardware maintenance contract for Cisco Network Equipment used by IT for all departments from CDW-G of Vernon Hills, IL in the amount of $78,038.92 – Resolution 23-161 C. Council to consider a resolution authorizing the City Manager to award an agreement to CDM Smith, Inc., of Houston, Texas, for the Lead and Cooper Rule Revisions Request for Qualifications – Resolution 23-162 Councilmember Neild moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider amending Resolution 21-292, to cancel the remaining vehicles on order with Silsbee Ford. On November 2, 2021, the City Council awarded the purchase of twenty (20) vehicles to Silsbee Ford. After a 17-month delay, only twelve (12) have been received. Two were already cancelled on Resolution 21-292A. The council is requested to cancel the remaining purchase of six vehicles from this vendor for a total approved price of $402,174.36. If the remaining vehicles can be located, they will be purchased on an individual order as needed. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE PURCHASE OF THE REMAINING VEHICLES IN THE AMOUNT OF $402,174.36 FROM SILSBEE FORD OF SILSBEE, TEXAS IS HEREBY CANCELLED AND THAT IF THE REMAINING VEHICLES ARE LOCATED, THEY WILL BE PURCHASED ON AN INDIVIDUAL ORDER AS NEEDED. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD Minutes – June 13, 2023 NAYS: NONE MOTION PASSED RESOLUTION 21-292-B 2. Council to consider an ordinance amending the FY 2023 budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendment will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendment are as follows: In order to fund the emergency repairs approved by Council for Long Street, funds will be transferred from the General Fund to the Streets & Drainage Capital Fund: General Fund Total Expenditures Previously Amended Proposed Amendment Final Amended Budget Budget $146,160,400 $2,444,000 $148,604,400 Funds will come from the General Fund. Approval of the ordinance amending the budget. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2023 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL FUND TO THE CAPITAL PROJECTS FUND. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-050 3. Council to consider a resolution authorizing the City Manager to execute Change Order No. 2 to the contract with Allco, LLC, for the Collier’s Ferry Pump Station Project. On April 12, 2022, by Resolution No. 22-108, the City Council awarded a contract to Allco, LLC, of Beaumont, in the amount of $25,088,259.00 for the Collier’s Ferry Pump Station Project. Previous Change Order No. 1, in the amount of $152,935.00, is attached for your review. Proposed Change Order No. 2, in the amount of $18,900.00, is required Minutes – June 13, 2023 to re-route a power pole along with an overhead electrical crossing over Pine Street. The power pole was installed to energize the Pine Street Lift Station, prior to the start of construction, and will interfere with the new access road improvements. Entergy has agreed to remove the overhead line, power pole, and bore an underground electrical line to power the Pine Street Lift Station. This change order covers the work required by Allco’s electrical subcontractor, ESI, to connect that underground electrical line to the existing Pine Street Lift Station. No additional days will be added to the contract for the additional work. If approved, Change Order No. 2 will result in a new contract amount of $25,260,094.00. Funds will come from the Capital Program and FEMA. Approval of the Resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2, IN THE AMOUNT OF $18,900.00 FOR ADDITIONAL WORK TO REMOVE THE OVERHEAD POWERLINE, POWER POLE, AND BORE AN UNDERGROUND ELECTRICAL LINE TO POWER THE PINE STREET LIFT STATION, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $25,260,094.00 FOR COLLIER’S FERRY PUMP STATION PROJECT. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-163 PUBLIC HEARING Receive comments to consider the approval of an Ordinance declaring 2545 Dogwood - garage apartment only structure to be an unsafe substandard structure and ordering the immediate removal of the structure by city forces. Public Hearing Open: 2:24 p.m. None Public Hearing Close: 2:24 p.m. 4. Emergency Demolition. These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont’s Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Minutes – June 13, 2023 Funds sources may include General funds and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-051 COMMENTS  Public Comments (Persons are limited to three minutes) (To listen or view comments please visit the City of Beaumont’s web site at beaumonttexas.gov) Charlene Sam 2370 Monroe St. Beaumont TX Biguita Hernandez-Smith 1080 Shakespeare Dr. Beaumont TX Albert Harrison 1240 Ashley Beaumont TX Addie Allen 9695 Gross Beaumont TX  Councilmembers/City Manager/City Attorney comments on various matters (To listen or view comments please, visit the City of Beaumont’s web site at beaumonttexas.gov) COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - COUNCILMEMBER GETZ - COUNCILMEMBER TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED - Minutes – June 13, 2023 CITY MANAGER WILLIAMS - MAYOR WEST - EXECUTIVE SESSION Consider matters related to the deliberation of economic development negotiations in accordance with Section 551.087 of the Government Code to wit’ specifically: • Project Gemstone, Castle, and Shield Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: • Downtown Hotel Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • The Claim of Catherine Goodman Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • Caleb Fenter v. City of Beaumont and Christopher S. Boone; Cause No. B-210244 • International Association of Firefighters Local 399 v. City of Beaumont, Kenneth R. Williams, in his official Capacity as City Manager, and Earl White, in his official Capacity as Fire Chief; Cause No. D-210950 Open session of meeting recessed at 3:04 p.m. Roy West, Mayor Tina Broussard, City Clerk TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement from ESO Solutions, Inc. of Dallas, TX for $52,028.23 that is utilized by Central Collections, Fire and EMS. BACKGROUND The ESO Electronic Health Record (EHR) suite is used by Fire and EMS to provide patient care reporting (PCR), quality management, reporting, analytics, patient tracking, state and federal data reporting, automatic faxing of PCR data to hospitals, dispatch system integration, billing system integration, and personnel management. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. This agreement is an annually renewed contract with the current renewal beginning July 4, 2023. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS Invoice ESO-113034 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Maintenance Agreement with ESO Solutions, Inc., of Dallas, Texas; the sole source provider having exclusive rights to modify and maintain the software, in the amount of $52,028.23, for ESO Electronic Health Record (HER) for use by Fire and EMS. The software will allow for patient care reporting (PCR), quality management, reporting, analytics, patient tracking, state and federal data reporting, automatic faxing of PCR data to hospitals, dispatch system integration, billing system integration, and personnel management. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution approving a contract to supply asphaltic concrete for use by the Public Works Department. BACKGROUND Bids were requested for the supply of a hot mix asphaltic concrete that is used for repairing and repaving street sections. Eighty four (84) vendors were notified of the bid opportunity with one (1) submission received. Specifications allow for a six-month contract with the option of two renewals of six-month extensions at the same pricing as the awarded contract. Unit pricing for both plant pick up by the City personnel and job site delivery by the vendor was requested Staff recommends awarding the contract to Gulf Coast, a CRH Company, with a projected six-moth cost of $97,550. Pricing represents a 16.88% increase over the current contract. Bid tabulation is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the supply of hot mix asphaltic concrete for use by the Public Works Department; and, WHEREAS, Gulf Coast, a CRH Company, of Beaumont, Texas, submitted a bid for a total estimated amount of $97,550.00, in the unit amounts as shown in Exhibit “A,” attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast, a CRH Company, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Gulf Coast, a CRH Company, of Beaumont, Texas, for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the supply of asphaltic concrete for use by the Public Works Department for a total estimated amount of $97,550.00 in the unit amounts as shown in Exhibit “A,” attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast, a CRH Company, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - Event Number MF0523-27 Organization City of Beaumont, Texas eBids Event Title Six (6) Month Contract for Road Materials - Asphaltic Concrete Workgroup Purchasing Event Description The City of Beaumont is requesting bids for a Event six (6) Owner month contract to supply Christy asphaltic Williams concrete for use by the City’s Department of Public Event Type Bid Email christy.williams@beaumonttexas.gov Issue Date 5/18/2023 03:04:09 PM (CT) Phone (409) 880-3758 Close Date 6/8/2023 02:00:00 PM (CT) Fax (409) 880-3747 xCwilliams Responding Supplier City State Response Submitted Lines Responded Response Total Gulf Coast a CRH Company Beaumont TX 6/8/2023 12:40:00 PM (CT) 6 $97,550.00 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. MF0523-27 - Page 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $40,000 through the Department of Homeland Security Grant Program (HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs. One of which is the State Homeland Security Program (SHSP). This grant incorporates a SHSP first responder category for which Beaumont could be awarded up to $40,000 dedicated specifically implementing target hardening. This request would complete the fence project from last year’s award for the Police Department by funding ornamental fencing on both sides of the Police facility to further limit the constant foot traffic. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. ATTACHMENTS FY23 SHSP Grant Resolution RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the SHSP (State Homeland Security Program) Implementing Target Hardening to be operated for fiscal year 2024; and, WHEREAS, the City Manager be and he or his designee is hereby authorized to apply for and receive funding in an amount up to $40,000.00 from the United States Department of Justice through the Office of the Governor, Public Safety Office, Criminal Justice Division for fiscal year 2024; and, WHEREAS, the City of Beaumont agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security grant Program (HSGP) grant application; and, WHEREAS, in the event of loss or misuse of the 2023 Homeland Security Grant Program funds, the City of Beaumont assures that funds will be returned in full to the Office of the Governor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he or his designee is hereby designated as the authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor for the in the amount up to $40,000.00 for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - Grant 4226603 E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $23,400 through the Department of Homeland Security Grant Program (HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs. One of which is the Law Enforcement Terrorism Prevention Activities Program (LETPA). This grant incorporates a first responder category for which Beaumont could be awarded up to $15,000 dedicated specifically to Information and Intelligence Sharing to fund one smart board and six large screen monitors for the Police Department’s real time crime center. Another $8,400 in funding dedicated for two night vision goggles for SWAT for search and rescue inside buildings or in low light operations that may involve potential terroristic threats or attacks. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. ATTACHMENTS FY23 LETPA Grant Resolution RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the LETPA (Law Enforcement Terrorism Prevention Activities) Implementing Soft Targets/Crowded Places and Information Sharing to be operated for fiscal year 2024; and, WHEREAS, the City Manager be and he or his designee is hereby authorized to apply for and receive funding in an amount up to $23,400.00 from the United States Department of Justice through the Office of the Governor, Public Safety Office, Criminal Justice Division for fiscal year 2024; and, WHEREAS, the City of Beaumont agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security grant Program (HSGP) grant application; and, WHEREAS, in the event of loss or misuse of the 2023 Homeland Security Grant Program funds, the City of Beaumont assures that funds will be returned in full to the Office of the Governor; NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he or his designee is hereby designated as the authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor for the in the amount up to $23,400.00 for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - Grant 4817801 Grant 4839701 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution rejecting proposals for Phase I Interior Exhibits at Tyrrell Park Nature Center. BACKGROUND The City requested proposals for the Interior Exhibits at Tyrrell Park Nature Center. Due to budgetary constraints, staff is requesting rejection of all bids. The project may be re-bid in the future. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City requested proposals for the Interior Exhibits at Tyrrell Park Nature Center; and, WHEREAS, due to budgetary constraints, staff is requesting rejection of all bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and is hereby authorized to reject all bids submitted for the Interior Exhibits at Tyrrell Park Nature Center. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Lesterland Holdings, LLC. has agreed to convey a ten foot (10’) wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.141 acre tract of land out of the H. Williams, Abstract No. 56. The easement is for the construction of a RV Storage facility located at 8200 Phelan Boulevard. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Water Line Easement Exhibit A Exhibit B RESOULTION NO. BE IT RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Lesterland Holdings, LLC, has agreed to convey a ten foot (10’) wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.141-acre tract of land out of the H. Williams, Abstract No. 56, situated in the City of Beaumont. The easement is for the construction of a RV Storage facility located at 8200 Phelan Boulevard. The agreement is substantially in the form attached hereto as Exhibits “A,” and “B,” respectively, and made a part hereof for all purposes; and, WHEREAS, the City Council has considered the conveyance of said easement and is of the opinion that the conveyance of said easement is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT said above-described easement conveyed from Lesterland Holdings, LLC, be and the same is hereby, in all things accepted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, LESTERLAND HOLDINGS, LLC, a Texas Limited Liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the “Easement”) to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the “Easement Area”). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor’s adjacent property and/or Grantor’s ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor’s sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the “Permitted Exceptions”). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this day of , 2023. GRANTOR: LESTERLAND HOLDINGS, LLC a Texas limited liability company By: DOUBLE EAGLE PARTNERS, LTD A Texas limited partnership, Managing Member By: JEWAL MANAGEMENT, INC., A Texas corporation, General Partner By: __________________________ Elaine Henderson President _____________________________ Printed Name: Jake Henderson Title: Managing Member _____________________________ Printed Name: William Henderson Title: Managing Member ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 20230, by Elaine Henderson, as President of Jewel Management, Inc., a Texas corporation, on behalf of said corporation, as General Partner of Double Eagle Partners, Ltd., a Texas limited partnership, as Managing Member, of Lesterland Holdings, LLC, a Texas limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2023. ___________________________________ Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 20230, by Jake Henderson, as Managing Member of Lesterland Holdings, LLC, a Texas limited liability company, on behalf of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2023. ___________________________________ Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 20230, by William Henderson, as Managing Member of Lesterland Holdings, LLC, a Texas limited liability company, on behalf of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2023. ___________________________________ Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Page 1 of 2 11025 Old Voth Road, Beaumont, Texas 77713  Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpls5163@aol.com Web: www.access-surveyors.com File: EWL Esmt to COB – 6040 Concord Bmt TX EXHIBIT “A” FIELD NOTE DESCRIPTION June 13, 2023 10’ Wide Exclusive Waterline Easement lying in the H. WILLIAMS , ABST. 56 & C. WILLIAMS , ABST. 59 Jefferson County, Texas BEING a 0.141 acre (6,136.90 square feet) exclusive waterline easement, being ten (10) feet in width, lying in the H. WILLIAMS , Abstract 56 and the & C. WILLIAMS , Abstract 59, Jefferson County, Texas, across a called 1.2219 acre tract of land and a called 1.817 acre tract of land described in an instrument to Lesterland Holdings, LLC recorded in County Clerk’s File No. 2022028496 of the Official Public Records of Jefferson County, Texas, said 0.141 acre easement being more particularly described by metes and bounds as follows: Note: All bearings, distances, and areas are grid, based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. BEGINNING at a ½” rod found in the Northerly right-of-way line of Phelan Boulevard, a public roadway, for the Southwest corner of a tract of land described in an instrument to West End Baptist Church recorded in Clerk’s File No. 2013041549, Official Public Records of Jefferson County, Texas, the Southeast corner of said 1.817 acre tract, and the Southeast corner of the herein described easement; THENCE North 77°53’06” West along the North right of way line of said Phelan Boulevard, the South line of said 1.817 acre tract and the South line of the herein described easement, a distance of 156.90 feet to a ½” rod found for the southwest corner of said 1.817 acre tract and the southeast corner of said 1.2219 acre tract; THENCE North 81°01’44” West along the North right of way line of said Phelan Boulevard, the South line of said 1.2219 acre tract and the South line of the herein described easement, a distance of 202.71 feet to a ¾” rod found for the southeast corner of a called 1.92 acre tract of land described in an instrument to M & E Food Mart, Inc. #2 recorded in Film Code No. 103-72- 2573, Real Property Records of Jefferson County, Texas, the southwest corner of said 1.2219 acre tract and the herein described easement; THENCE North 02°46’05” West along the East line of said M & E Food Mart, Inc. #2 Tract, the West line of said 1.2219 acre tract and the west line of the herein described easement, a distance of 10.21 feet to a point for the most Westerly Northwest corner of the herein described easement; THENCE over and across said Lesterland Holdings, LLC Tracts the following ten (10) courses: South 81°01’44” East, a distance of 104.33 feet to a point; North 11°17’42” East, a distance of 5.60 feet to a point; South 78°42’18” East, a distance of 10.00 feet to a point; South 11°17’42” West, a distance of 5.19 feet to a point; South 81°01’44” East, a distance of 90.73 feet to a point; South 77°53’06” East, a distance of 144.14 feet to a point; North 02°55’00” West, a distance of 185.95 feet to a point; South 87°14’56” West, a distance of 51.44 feet to a point; North 02°46’06” West, a distance of 10.00 feet to a point; North 87°14’56” East, a distance of 61.41 feet to a point in the West line of said West End Baptist Church Tract and the East line of said 1.817 acre tract, for the most easterly northeast corner of the herein described easement; Page 2 of 2 11025 Old Voth Road, Beaumont, Texas 77713  Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpls5163@aol.com Web: www.access-surveyors.com File: EWL Esmt to COB – 6040 Concord Bmt TX THENCE South 02°55’00” East along the west line of said West End Baptist Church Tract, the east line of said 1.817 acre tract, the east line of the herein described easement, a distance of 208.97 feet to the POINT AND PLACE OF BEGINNING, containing in area 0.141 acres (6,136.90 square feet) of land, more or less. An easement plat (Exhibit “B”) accompanies this description. ________________________ Scott N. Brackin, RPLS 6650 Access Surveyors Project No. 2023554 June 13, 2023 H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Raggette, Director of Parks and Greenspaces MEETING DATE: June 27, 2023 REQUESTED ACTION: Approval of the purchase installation of Playground equipment for Charlton Pollard Park and Babe Zaharias Park from Kraftsman Commercial Playgrounds & Water Parks of Spring, TX. BACKGROUND Babe Zaharias Park playground will be a new install while Charlton Pollard Park playground is a upgraded replacement of the current playground. The cost for Charlton Pollard Park is $112,966.49 and the cost for Babe Zaharias is $79,403.51. The Council approved $1,374,000 for Park improvements. On February 21, 2023 Council approved $1,374,000 for Park. improvements. FUNDING SOURCE Capital Reserve RECOMMENDATION Recommend Approval ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to the purchase and the installation of playground equipment for Charlton Pollard Park in the amount of $112,966.49 and Babe Zaharias Park in the amount of $79,403.51 from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28379 Created By: Ryan Slott QUOTE #Q77526 Page 1 of 5 Quote Name: Option 1 Updated QTY Code Description Size Weight Color Mr. Kenneth Raggette Beaumont, City of 1848 Pine Street Beaumont, TX 77703 409-880-3792 Percentage Completed Draws Terms: BILL TO Charlton Pollard - Playground 2090 Irving Ave (pkg lot entry off Mary St) Beaumont, TX 77701 SHIP TO Charlton Pollard - Playground Option 1 Drawing:KPS-28379 Sheet:K.2 Date:10.21.2022 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #679-22 Playground 1 PS3-70570 Playunit for ages 2 to 12 years old, by Superior Playgrounds Spinner and Rocker 1 RC-1200SR-KP Ascend 9 Ft Web Whirl Rope Climber by Superior Playgrounds 1 90018204XX Two-Seat Retro Rocker by Superior Playgrounds 6.5’x1.5’ Music FWR-O-IG-SRP- KP Orange Flower Shaped Bell Style Musical Instrument, 4 Notes, with attached mallet, inground mount by Superior Playgrounds 1 orange FWR-T-IG-SRP- KP Turquoise Flower Shaped Bell Style Musical Instrument, 4 Notes, with attached mallet, inground mount by Superior Playgrounds 1 turquoise MELD-IG-REC- SRP-KP Melody, xylophone style musical instrument, 9 notes with two attached mallets, dark walnut recycled post, inground mount by Superior Playgrounds 1 1 BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. Total: $112,966.49 Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28379 Created By: Ryan Slott QUOTE #Q77526 Page 2 of 5 Quote Name: Option 1 Updated Special Terms and Conditions These items are not included: · Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. · Concrete lead walks or adjoining observation concrete deck areas. · Excavation and Drainage of area for fall surfacing. · Removal of existing fall surface materials. · Removal of existing equipment. · Storm Water Pollution Controls for project site. · Temporary security fence during construction. · Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. · Shade systems or site amenities. *Customer to remove/haul away old playground *Customer to install new safety surfacing Items not included: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Buy Board: 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. Sales Tax Exempt: 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. Insurance 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. Credit Card terms: 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. Monthly Progress Billings Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Shipping Charges 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. Delivery and Unloading: Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28379 Created By: Ryan Slott QUOTE #Q77526 Page 3 of 5 Quote Name: Option 1 Updated · 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. Locating for Underground Utilities: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Installation: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: · Project product submittals reviewed, approved and returned. · Completed Color selection sheet (signed and dated) · Physical project address · All contact names and phone numbers · Exemption certificate · Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required, weather permitting. Project Completion: 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. Force Majeure: 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. Bonding Included: Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28379 Created By: Ryan Slott QUOTE #Q77526 Page 4 of 5 Quote Name: Option 1 Updated Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Superior Playground - lead time for items to ship is 3-4 weeks for musical play equipment, 8-9 weeks for steel playgrounds, and 12 weeks for rope climbers Lead Times: Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28379 Created By: Ryan Slott QUOTE #Q77526 Page 5 of 5 Quote Name: Option 1 Updated CONDITIONS OF SALE 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications. 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5% per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express 9. Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. General Terms and Conditions Ship To: Beaumont, City of Bill To: Percentage Completed Draws Terms: PO#: WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! Respectfully Submitted Ryan Slott 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 Authorized Signature Date of Acceptance Date May 30, 2023 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28624 Created By: Ryan Slott QUOTE #Q77525 Page 1 of 5 Quote Name: Option 2 W/Bonding QTY Code Description Size Weight Color Mr. Kenneth Raggette Beaumont, City of 1848 Pine Street Beaumont, TX 77703 409-880-3792 Percentage Completed Draws Terms: BILL TO Babe Zaharias Park - Playground 1750 Interstate 10 East Beaumont, TX 77702 SHIP TO Babe Zaharias Park - Playground Option 2 Drawing:KPS-28424-2 Sheet:K.2 Date:12.1.2022 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #679-22 Playground 1 PS3-70570 Playunit for ages 2 to 12 years old, by Superior Playgrounds Safety Surfacing 62 EWF Engineered Wood Fiber for playgrounds cu. yd. Natural 1 APS-SWINGMAT Swing Wear Mat, 3'x5'x2", by Action Play Systems 3’x5’x2” 135 APS- SWING/SLIDE MAT 2 Swing/Slide Wear Mat, 40”x40”x1.5”, by Action Play Systems 40”x40” x1.5” 65 1 FABRIC Polyspun Soil Separator, 1800 SF. 6’x300’ 40 ADA Ramp/Borders 33 APS-BORDER12 12”x4’ Playground Border with Spike by Action Play Systems 12” black APS- ADAFULLRAMP ADA Full Ramp System with spikes for use with 8” or 12” borders by Action Play Systems 1 black 1 BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. Total: $79,403.51 Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28624 Created By: Ryan Slott QUOTE #Q77525 Page 2 of 5 Quote Name: Option 2 W/Bonding Special Terms and Conditions These items are not included: · Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. · Concrete lead walks or adjoining observation concrete deck areas. · Excavation and Drainage of area for fall surfacing. · Removal of existing fall surface materials. · Removal of existing equipment. · Storm Water Pollution Controls for project site. · Temporary security fence during construction. · Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. · Shade systems or site amenities. Items not included: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Buy Board: 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. Sales Tax Exempt: 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. Insurance 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. Credit Card terms: 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. Monthly Progress Billings Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Shipping Charges 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. Delivery and Unloading: Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28624 Created By: Ryan Slott QUOTE #Q77525 Page 3 of 5 Quote Name: Option 2 W/Bonding · 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. Locating for Underground Utilities: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Installation: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: · Project product submittals reviewed, approved and returned. · Completed Color selection sheet (signed and dated) · Physical project address · All contact names and phone numbers · Exemption certificate · Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required, weather permitting. Project Completion: Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Superior Playground - lead time for items to ship is 8-9 weeks for steel playgrounds Lead Times: 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. Force Majeure: 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. Bonding Included: Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28624 Created By: Ryan Slott QUOTE #Q77525 Page 4 of 5 Quote Name: Option 2 W/Bonding Initials Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 05/30/2023 Project: 28624 Created By: Ryan Slott QUOTE #Q77525 Page 5 of 5 Quote Name: Option 2 W/Bonding CONDITIONS OF SALE 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications. 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5% per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express 9. Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. General Terms and Conditions Ship To: Beaumont, City of Bill To: Percentage Completed Draws Terms: PO#: WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! Respectfully Submitted Ryan Slott 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 Authorized Signature Date of Acceptance Date May 30, 2023 I TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Raggette, Director of Parks and Greenspaces MEETING DATE: June 27, 2023 REQUESTED ACTION: Approval of the purchase and installation of Playground equipment for Combest Park and Central Park from GameTime c/o Cunningham Recreation of Charlotte, NC. BACKGROUND The current playground equipment at Combest Park along with Central Park will be replaced with new upgraded equipment provided by GameTime. Combest Park playground equipment will cost $45,667.70 while the cost for Central Park $492,746.66. The final cost for Central Park represents a funding grant of $191,776.34 awarded by GameTime/TRAPS. Council approved $1,374,000 for Park improvements. On February 21, 2023 Council approved $1,374,000 for Park improvements FUNDING SOURCE Capital Reserve RECOMMENDATION Recommend Approval ATTACHMENTS Quote - Combest Park Quote - Central Park RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to the purchase and the installation of playground equipment for Combest Park in the amount of $45,667.70 and Central Park in the amount of $492,746.66 from GameTime c/o Cunningham Recreation of Charlotte, North Carolina. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - City of Beaumont Attn: Milton Zachary 3395 Blackmon Lane Beaumont, TX 77701 Phone: 409-861-1929 Ext. 1223 mzachary@beaumonttexas.gov Ship to Zip 77701 Quantity Part # Description Unit Price Amount 1 11924 GameTime - PrimeTime Redmond- *Sale price on unit while supplies last. Please check availability before placing order. $20,298.00 $20,298.00 1 178749 GameTime - Owner's Kit $84.00 $84.00 1 6282I GameTime - Raccoon Spring Rider $1,345.00 $1,345.00 1 1313 GameTime - Graduated Balance Beam $1,373.00 $1,373.00 1 P831 GameTime - T-Swing (Painted),3 1/2" Od $1,563.00 $1,563.00 2 8696 GameTime - Encl Seat 3 1/2"(8696) $456.00 $912.00 1 12583 GameTime - Ada Primetime Swing Frame, 3 1/2" Od $1,799.00 $1,799.00 2 8910 GameTime - Belt Seat 3 1/2"Od(8910) $366.00 $732.00 2 161290 GameTime - Geo-Textile 2250 Sqft Roll $1,092.00 $2,184.00 186 EWF GT-Impax - Engineered Wood Fiber Safety Surfacing (CY)- Area: 3,752 Sq.Ft. Thickness (Compacted): 12" $25.69 $4,778.34 1 INSTALL MISC - Installation of the above: $12,441.00 $12,441.00 Contract: Buy Board Contract #679-22 Sub Total $47,509.34 Discount ($8,252.52) Estimated Freight $6,410.88 Total $45,667.70 Comments * Site must be clear, level, free of obstructions, and accessible. Site should permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional costs. * Taxes, if applicable, to be applied at the time of invoice. Please provide a copy of your tax exempt certificate to avoid the addition of taxes. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164866-01-01 Combest Park Page 1 of 3 GAMETIME - TERMS & CONDITIONS: PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre-payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted (If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.). Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. CREDIT APPLICATION: Required for all non-governmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash-with-order (CWO) discount. ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. SHIPMENT: Standard Lead time is 12-14 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. INSTALLATION CONDITIONS: ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for locating any private utilities. ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164866-01-01 Combest Park Page 2 of 3 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): _________________________________ Title: ________________________________ Telephone: __________________________________________ Fax: ________________________________ P.O. Number:_________________________________________ Date: _______________________________ Purchase Amount: $45,667.70 SALES TAX EXEMPTION CERTIFICATE #:___________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE) _______________________________________________ ____________________________________________ Salesperson's Signature Customer Signature BILLING INFORMATION: Bill to: ______________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ SHIPPING INFORMATION: Ship to: _____________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164866-01-01 Combest Park Page 3 of 3 City of Beaumont Attn: Milton Zachary 640 S 4th St Beaumont, TX 77701 Phone: 409-861-1929 Ext. 1223 mzachary@beaumonttexas.gov Ship to Zip 77701 Quantity Part # Description Unit Price Amount 1 RDU GameTime - Powerscape Modular Unit (per attached drawings)- *5-12 Year Olds Unit $314,552.00 $314,552.00 (1) 4668 -- Up & On Bronze Sensor Package (1) 4958 -- Hypno Wheel (1) 4962 -- Echo Chamber (2) 6232 -- Pod (1'-0") (2) 16465 -- Slide Transfer (Ada) (2) 16700 -- Ada49"Sq Punch Steel Deck (1) 16701 -- Ada 49"Tri Punch Steel Dk (1) 16806 -- Ada 6"Stepped Platform (1) 26049 -- Triton (1) 26068 -- Oval Climbing Wall Attachment (3) 26083 -- Triton Support Rung (With Tab) (1) 26092 -- Ps Plus Single Link Cross Beam (5) 26094 -- Triangular Shroud (1) 26099 -- Rock Wall Link (1) 26142 -- Single With Step (1) 27074 -- Trapezoid Overhead Ladder - 60 degrees (1) 36063 -- Narrow End Balance Beam (2) 36082 -- Free Standing X-Pod Step (2) 5655RP -- 8' Extension w/Cap (12) 5656RP -- 8' Extension w/out Cap (2) 6050RP -- Altus X2 Tower Base (2) 6058RP -- Altus X2 Tower Spiral Slide (1) 153653 -- 49" Tube Section (1) 153653 -- 49" Tube Section (1) 153844 -- 90 Deg Elbow Sec 30" Dia (1) 153844 -- 90 Deg Elbow Sec 30" Dia (1) 153844 -- 90 Deg Elbow Sec 30" Dia (1) 153844 -- 90 Deg Elbow Sec 30" Dia (1) 153844 -- 90 Deg Elbow Sec 30" Dia (1) 153844 -- 90 Deg Elbow Sec 30" Dia GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164829-01-01 Central Park Page 1 of 8 Quantity Part # Description Unit Price Amount (1) 153844 -- 90 Deg Elbow Sec 30" Dia (1) 153844 -- 90 Deg Elbow Sec 30" Dia (1) 160199 -- 90 Deg 30"W/15 Deg Flange (1) 160199 -- 90 Deg 30"W/15 Deg Flange (1) 160202 -- 24"St Sec 15 Deg Flange (1) 160202 -- 24"St Sec 15 Deg Flange (1) 200172 -- STRAIGHT EXIT 30"DIA (1) 200172 -- STRAIGHT EXIT 30"DIA (1) 203582 -- Tube Entrance Section (1) 203582 -- Tube Entrance Section (1) 220028 -- FORMED FOOTBUCK 108 3/16" C/O (1) 220028 -- FORMED FOOTBUCK 108 3/16" C/O (1) 220120 -- SLIDE GUARD PLATE 37 13/16" C/O (1) 220120 -- SLIDE GUARD PLATE 37 13/16" C/O (1) 220128 -- FOOTBUCK ASSY 38 1/4" C/O (1) 220128 -- FOOTBUCK ASSY 38 1/4" C/O (1) 6058HW -- HDW - ALTUS X2 TOWER SP SL (1) 6058HW -- HDW - ALTUS X2 TOWER SP SL (1) V10792 -- FORMED FOOTBUCK 54 1/4"LG (1) V10792 -- FORMED FOOTBUCK 54 1/4"LG (1) V10792 -- FORMED FOOTBUCK 54 1/4"LG (1) V10792 -- FORMED FOOTBUCK 54 1/4"LG (1) V10794 -- FORMED FOOTBUCK 91 1/4"LG (1) V10794 -- FORMED FOOTBUCK 91 1/4"LG (1) V10794 -- FORMED FOOTBUCK 91 1/4"LG (1) V10794 -- FORMED FOOTBUCK 91 1/4"LG (1) X18007 -- FOOTBUCK SADDLE 15DEG (1) X18007 -- FOOTBUCK SADDLE 15DEG (1) X18009 -- FOOTBUCK SADDLE 30DEG (1) X18009 -- FOOTBUCK SADDLE 30DEG (1) X18020 -- 30 DEG ELBOW W/10*OFFSET (1) X18020 -- 30 DEG ELBOW W/10*OFFSET (1) X27812 -- FORMED SADDLE 19"LG (1) X27812 -- FORMED SADDLE 19"LG (1) 6065RP -- Altus Overlook (1) 6083RP -- Altus Modern Tower Thunderring GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164829-01-01 Central Park Page 2 of 8 Quantity Part # Description Unit Price Amount (2) 6084RP -- Altus Modern Tower Barrier Panel (2) 6090RP -- Altus Tower Modern Slide Panel (1) 6091RP -- Altus tower Steering Wheel Panel (Mode (2) 6253RP -- Umbra Roof Hex (Tower) (10) 80001 -- 49"Tri Punched Steel Deck (1) 80604 -- 3'-0"Entrance Barrier (1) 80687 -- Handhold/Kick Plate Pkg (1) 81121 -- Sky Bridge (1) 81583 -- Sgl Sky Bridge Loop Climb (1) 81666 -- Fun Seat (1) 81688 -- Therapeutic Rings Attch (2) 90005 -- Two Piece Hex Deck, Ada Ramp Access (1) 90176 -- Ada Crow'S Nest W/ Gizmo (1) 90182 -- Ada Crow'S Nest W/ Thunderring (2) 90264 -- 6' Upright, Alum (7) 90266 -- 8' Upright, Alum (8) 90270 -- 12' Upright, Alum (1) 90355 -- Store Front Panel, Below Dk (1) 90466 -- Maze Panel, Above Dk (1) 90504 -- 4' Single Zip Slide (1) 90510 -- 6' Dueling Wave Zip Slide, Std Dk (1) 90530 -- 2'/2'-6" Little Foot Slide W/Enclosu (1) 90715 -- Twist Ball Run-Gadget Pnl Above Dk (1) 90791 -- Sloped Funner Climber Guardrail (Dbl) (1) 90834 -- 3-in-a-Row Panel (1) 90868 -- Splitter 6' (1) 91039 -- Ramp (3D) 1'-0" (1) 91049 -- Ramp Link (3D) 1'-6" & 2'-0" (2) 91137 -- Entryway - 3D (1) 91138 -- High Point / Low Point Entryway - 3D (2) 91139 -- Entryway - Barrier (1) 91144 -- High Point Entryway - Guardrail (1) 91208 -- Climber Entryway - Guardrail (1) 91209 -- Climber Entryway - Barrier (3) 91210 -- Climber Entryway - 3D (1) 91268 -- Sprouts Climber GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164829-01-01 Central Park Page 3 of 8 Quantity Part # Description Unit Price Amount (1) 91378 -- PS S Wave Up & On LNK (4'-4'6) (2) 91457 -- Sensory Wave Entryway (1) 91600 -- HDPE Vertical Ladder 2'0" (1) 91604 -- HDPE Vertical Ladder 4'0" (1) 91622 -- Hi-Line Climbing Link 3' Rise (2) 91664 -- Umbra Hex Roof (24) 91687 -- Umbra Roof Cap (1) 91711 -- Modern Transfer w/Guardrail 1' Rise (1) 91731 -- Rock with Me 2' Deck (4) G90262 -- 4' Upright, Galv (2) G90266 -- 8' Upright, Galv (4) G90270 -- 12' Upright, Galv (14) G90272 -- 14' Upright, Galv (1) 178749 -- Owner's Kit 1 RDU GameTime - Powerscape Modular Unit (per attached drawings)- *2-5 Year Olds Unit $54,248.00 $54,248.00 (3) 6141 -- Mini Pod Toad Stool (3) 80001 -- 49"Tri Punched Steel Deck (1) 80078 -- 6"Stepped Platform (1) 80082 -- Slide Transfer (1) 81686 -- Locomotive (1) 81695 -- Train Whistle (1) 90021 -- 2'-0" Transfer System W/ Barrier (1) 90211 -- Rung Encl Telescope & Barrier,Above Dk (1) 90252 -- 4' Leaning Wall Climber (3) 90266 -- 8' Upright, Alum (1) 90267 -- 9' Upright, Alum (3) 90268 -- 10' Upright, Alum (1) 90306 -- Climber Archway W/Socket & Barrier (1) 90508 -- 4' Double Zip Slide, Std Dk (1) 90668 -- Spiral Step Climber (4'-0" & 4'-6") (1) 91146 -- Entryway - Guardrail (1) 91209 -- Climber Entryway - Barrier (1) 91607 -- Door Way Panel with Buttercups (1) 91711 -- Modern Transfer w/Guardrail 1' Rise (2) G90262 -- 4' Upright, Galv GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164829-01-01 Central Park Page 4 of 8 Quantity Part # Description Unit Price Amount (1) G90266 -- 8' Upright, Galv (1) G90267 -- 9' Upright, Galv (2) G90268 -- 10' Upright, Galv 1 5059 GameTime - Double Arch Swing (Galv) $16,509.00 $16,509.00 1 18826 GameTime - Primetime Swing 3 1/2" X 8' $1,799.00 $1,799.00 1 18827 GameTime - Primetime Swing Add A Bay 3 1/2" X 8' $1,113.00 $1,113.00 2 12584 GameTime - Ada Primetime Swing Aab, 3 1/2" Od $1,113.00 $2,226.00 4 8910 GameTime - Belt Seat 3 1/2"Od(8910) $366.00 $1,464.00 1 5128 GameTime - Expression Swing 3 1/2" X 8' $1,859.00 $1,859.00 1 5165 GameTime - Expression Swing w Adaptive Seat 3 1/2 $2,792.00 $2,792.00 1 5173 GameTime - Adaptive Swing w/Rung Belt $260.00 $260.00 1 8552 GameTime - 3 1/2" Zero-G Chair (5-12)-Galv Chain $745.00 $745.00 1 8555 GameTime - 3 1/2" Zero-G Chair (2-5)-Galv Chain $724.00 $724.00 1 5948SP GameTime - VistaArc Dome 1 $19,835.00 $19,835.00 1 5962SP GameTime - VistaTree Top 5 $19,981.00 $19,981.00 1 3256 GameTime - Cantata Chimes $6,475.00 $6,475.00 1 4676 GameTime - Harmonic Chimes (set of 3) $4,211.00 $4,211.00 1 4678 GameTime - Concert Duo $4,326.00 $4,326.00 1 14927 GameTime - NDS Play On Sign Package 1 14928 GameTime - NDS Inclusive Play Sign Package 6 28009 GT-Site - 6' P/S Bench W/Back Inground $978.00 $5,868.00 12 207960 GameTime - Self Tapping Screw $2.38 $28.56 12 HWS0021 GameTime - Swaged Pipe $27.00 $324.00 3 QRI434 GT-Shade - HYU121208IG HYPERBOLIC UMB 12X12X8 $4,618.00 $13,854.00 1 INSTALL MISC - Installation of Above Equipment $134,540.00 $134,540.00 8340 EWF GT-Impax - Engineered Wood Fiber Safety Surfacing @ 12" Depth- 417 CYDS $1.40 $11,676.00 1 INSTALL MISC - Installation of Above EWF $5,560.00 $5,560.00 340 INSTALL MISC - Provide & Install Concrete Curb Border $59.00 $20,060.00 GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164829-01-01 Central Park Page 5 of 8 Quantity Part # Description Unit Price Amount 1 2023TRAPS MISC - TRAPS State Initiative- TERMS AND CONDITIONS Matching funds must be used towards the purchase of a qualified playground structure. Other freestanding play products are available at our best pricing through Omnia Partners. Representatives from TRAPS, GameTime, and PlayCore will select qualifying projects to be considered for playground matching funds. Orders must be installed by December 2023 through GameTime’s exclusive Texas Representatives, Cunningham Recreation. Funding can only be applied to additional GameTime playground equipment purchases and only in conjunction with the original purchase. GameTime standard policies and warranties as listed in the 2023 Playground Design Guide apply. Matching funds apply to PowerScape, PrimeTime, Xscape& IONiX composite structures only. Matching funds do not apply to Tuff Forms, GFRC Landmark Design, or Freestanding products. Freight, installation, surfacing, material surcharges, and applicable sales tax are extra and not included as part of the matching funds. To qualify for a 100% matching grant, list price of the qualifying playground system ( must exceed $40,000, and be purchased with cash. Matching funds are subject to rounding rules and may vary based on qualified purchase. For award recipients who wish to bring fitness to their communities, separate funding will be available for GT Challenge Course with the funding amounts dependent on the course selected. Preconfigured adult outdoor fitness packages are also available - apply for up to $12,500 in funding for preconfigured outdoor fitness packages. Contact your Cunningham Recreation representative for a list of qualifying adult outdoor fitness packages. Freestanding playground products available to recipients through Omnia Partners. No other offer, discount, or special programs can be used with this funding program. All applications must be validated by the project administrator. GameTime reserves the right to decline any application for the TRAPS funding initiative. Contract: Buy Board Contract #679-22 Sub Total $645,029.56 Discount ($191,776.34) Estimated Freight $39,493.44 Total $492,746.66 Comments *SITE MUST BE LEVEL AND FREE OF OBSTRUCTIONS. CUSTOMER IS RESPONSIBLE FOR ALL NECESSARY SITEWORK, REMOVAL OF EXISTING EQUIPMENT & SURFACING, ETC. *PRICING IS BASED ON TRAPS STATE INITIATIVE PROGRAM. A CHECK FOR ALL THE EQUIPMENT, SURFACING, & FREIGHT MUST BE RECIEVED AT THE TIME OF ORDER. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164829-01-01 Central Park Page 6 of 8 GAMETIME - TERMS & CONDITIONS: PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre-payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted (If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.). Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. CREDIT APPLICATION: Required for all non-governmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash-with-order (CWO) discount. ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. SHIPMENT: Standard Lead time is 12-14 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. INSTALLATION CONDITIONS: ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for locating any private utilities. ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164829-01-01 Central Park Page 7 of 8 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): _________________________________ Title: ________________________________ Telephone: __________________________________________ Fax: ________________________________ P.O. Number:_________________________________________ Date: _______________________________ Purchase Amount: $492,746.66 SALES TAX EXEMPTION CERTIFICATE #:___________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE) _______________________________________________ ____________________________________________ Salesperson's Signature Customer Signature BILLING INFORMATION: Bill to: ______________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ SHIPPING INFORMATION: Ship to: _____________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 03/24/2023 Quote # 164829-01-01 Central Park Page 8 of 8 J TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider the appointment of Camille Briggs to the Convention and Tourism Advisory Board. BACKGROUND Council consider the appointment of Camille Briggs to Convention and Tourism Advisory Board to fill the unexpired term of Nakisha Burns. The term will commence June 27, 2023, and expire September 30, 2023. FUNDING SOURCE No applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Camille Briggs is appointed to the Convention and Tourism Advisory Board to fill the unexpired term of Nakisha Burns. The term will commence June 27, 2023, and expire September 30, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - K TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider the appointment of Brian Nepveaux to the Police Department Community Advisory Committee. BACKGROUND Council to consider the appointment of Brian Nepveaux to the Police Department Community Advisory Committee to fill the unexpired term of Karl Duerr. The term will commence June 27, 2023, and expire September 30, 2023. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Brian Nepveaux is appointed to the Police Department Community Advisory Committee to fill the unexpired term of Karl Duerr. The term will commence June 27, 2023, and expire September 30, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Mike Harris, Director of Water Utilities MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance, and authorize final payment to To-Mex Construction, LLC, of Houston, for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project. BACKGROUND On December 12, 2022, by Resolution No. 22-339, City Council awarded an emergency contract to To-Mex Construction, LLC, of Houston, in the amount of $126,950.00 for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project. Previous Change Order Nos. 1 & 2, in the amount of $63,200.00 are attached for your review. The project has been inspected by the Water Utilities staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance, and final payment in the amount of $63,200.00 is recommended. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project Acceptance Documents. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 12, 2022, the City Council of the City of Beaumont, Texas, passed Resolution No. 22-339 awarding an emergency contract in the amount of $126,950.00 to To-Mex Construction, LLC, of Houston, Texas, for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project; and, WHEREAS, the project has been inspected by the Water Utilities and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the construction of the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $63,200.00 to To-Mex Construction, LLC, of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - RESOLUTION NO. 23- 040 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 12, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22- 339 awarding an emergency contract in the amount of 126, 950. 00 to To- Mex Construction, LLC, of Houston, Texas, for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project; and, WHEREAS, Change Order No. 1, in the amount of $ 5, 000. 00, is attached for your review; and, WHEREAS, Change Order No. 2, in the amount of $ 58, 200. 00, is requested to add additional work to directionally bore and replace approximately 150 linear feet of 8- inch sanitary sewer line. The additional work is required to correct: the grade of the line that has dropped approximately two ( 2) feet and has caused a reverse flow of the sewer line. An additional forty ( 40) days are requested for the completion of the work. If approved, the new contract amount will be $ 190, 150. 00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $ 58, 200.00 for additional work described above, thereby increasing the total contract amount to $ 190, 150. 00 for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project; and, BE IT FURTHER RESOLVED THAT the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project be and the same is hereby accepted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of January, 2023. Mayor Robin Mouton I, TI 11011. i‘CP19 k*lAtolotl 41. NaltOoNetreV. RESOLUTION NO. 22- 339 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 8, 2022, the City was made aware that a 1, 350- foot section of the six ( 6) inch sanitary sewer line in Calder Place from Wheat Drive to • ' Brentwood Drive has multiple failures with parts causing complete back up of two ( 2) streets; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an emergency contract with To-Mex:Construction, LLC, of Houston, Texas in the amount of 126,950.00 to complete repairs on the sewer main. The contract is substantially in the form attached hereto as Exhibit" A" and made a part hereof for all purposes. The meeting at which this resolution. was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of.December, 2022.. . .......... gpite,tei). Mayor Robin Mouton i')! ° b'4%eao i 1i 1/ 18/ 23, 3:59 PM Projectmates Contract Contract# 001. 002 18-Jan-2023 03:59 PM CST CALDER PLACE EMERGENCY PiPE BURSTING 1350 Langham Rd Beaumont, Texas 77707 Project Number. PO- 432036 001. 002: Change Order No. 2 Grand Total:$ 58, 200. 00 For 001 Calder Place Emergency Pipe Bursting Division 33 Line Item Lump sum Type Group 3. 0 Construction Scope of To add additional work to directionally bore and replace approximately 150 LF section of 8- inch sanitary sewer line between manholes Work 436 and 434 on the Calder Place Emergency Pipe Bursting Plan Sheets. Notes This additional work is required to correct the grade of the line that has dropped approximately 2 VF and has caused a reverse flow of the sewer line. Awarded To To-Mex Construction LLC Maribel Torres Reason Unforseen Site Conditions Code Days 40 Changed Attachments Calder Emergency Job CO 2 Quote. pdf Calder Place Emergency Pipe Bursting Plans( Executed). pdf Change Order Summary Original Contract Sum 126, 950. 00! Substantial Completion Date Net Cost by Previous Approved COs 5,000. 00 l Net Time Change By Previous COs 7 days Contract Sum Before This CO 131, 950. 00 I Substantial Completion before This CO Contract Sum Changed By This CO 58, 200. 00! Time Changed By This CO 40 days New Contract Sum 190, 150. 00! New Substantial Completion Date All Change Orders make up 49.78% of the Original Contract Accounting and Status Accounting Status httpsJ/cityofbeaumont. projectmates. com/ Projectmates/ ContractMgmt/ ContractPrinterFriendl r y . aspx7enc= 28878D01099DB7580F61C4C8707E682578... Exhibit " A" I 1/ 18/ 23, 3:59 PM Projectmates Contract Item Id 343 PO Number 432036 i FEMANumber Accounting Project Code i Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 t Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item# Account Code WBSI Section Description Total Amount Change Order No. 2 004 GC CONTRACT 004 Directionally bore and Install approximately 150 LF of 8.625" HDPE Sewer Line 33, 000. 00 005 GC CONTRACT 005 Point Repair Between MH 437- 436 4, 200. 00 006 GC CONTRACT 006 Well Pointing/ Dewatering System 12, 000. 00 007 GC CONTRACT 007 Install New Manhole- MH 794A 9, 000. 00 Total 58, 200. 00 Grand Total: 58, 200. 00 i Approval Approved Due: 25- Jan- 2023 Name or Role Status Actions 1 External- GC Approved Maribel Torres 18- Jan- 2023 11: 15 AM CST 2 Protect Manager Approved John Pippins 18- Jan- 2023 01: 24 PM CST 3 City Engineer Approved Amalie" Molly" Villarreal 18- Jan- 2023 03: 04 PM CST 4 Director Approved Bart Bartkowiak 18- Jan- 2023 03: 36 PM CST 5 Admin Approved Dara Woodruff 18- Jan- 2023 03: 59 PM CST Created by: Kevin Young on 18- Jan-2023 Last Modified by: Dara Woodruff on 18- Jan-2023 APPROVED BY: ATTESTED BY: Kenneth R. Williams Date Tina Broussard Date k City Manager City Clerk i Contract# 001. 001 18- Jan- 2023 09: 58 AM CST CALDER PLACE EMERGENCY PIPE BURSTING 1350 Langham Rd Beaumont, Texas 77707 Project Number: PO- 432036 001. 001: CHANGE ORDER NO. 1 Grand Total: $ 5, 000. 00 For 001 Calder Place Emergency Pipe Bursting Division 33 Line Item Lump sum Type Group 3. 0 Construction Scope of To Mobilize and CCTV approximately 385 LF of sanitary sewer main between manholes 436 and 434 to determine where the elevation of Work the sewer line begins to drop. Notes Awarded To To- Mex Construction LLC Maribel Torres Reason Owner Requested Code Days 7 Changed Attachments Quote for CCTV from MH436- MH434. pdf Change Order Summary Original Contract Sum 126, 950. 00 Substantial Completion Date Net Cost by Previous Approved COs 0.00! Net Time Change By Previous COs 0 days Contract Sum Before This CO 126,950. 001 Substantial Completion before This CO Contract Sum Changed By This CO 5, 000. 00± Time Changed By This CO 7 days New Contract Sum 131, 950. 00 New Substantial Completion Date All Change Orders make up 3. 94% of the Original Contract Accounting and Status Accounting Status Item Id 341 PO Number 432036 FEMANumber Accounting Project Code i Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item# Account Code WBS/ Section Description Total Amount Contract Items 002 GC CONTRACT 002 Change Order No. 1 Mobilization 3,500. 00 003 GC CONTRACT 003 CCTV approximately 384 LF between MH436 to MH434 1, 500. 00 Total 5,000.00 Grand Total: 5,000. 00 . Approval Approved Due: 25-Jan-2023 Name or Role Status Actions 1 External- GC Approved Maribel Torres 18- Jan- 2023 09: 26 AM CST 2 Project Manager Approved Kevin Young. 18- Jan- 2023 09: 45 AM CST 3 City Engineer Approved 9 Amelia" Molly"VillarrealnBQ 18-Jan- 2023 09: 51 AM CST NO - ' . , Nri) Sj 4 Director Approved a /° :: 1SF 43 6araaCl',' , t.Q Bart Bartkowiak a-' 3 ; <' ` A 18-Jan- 2023 09: 57 AM CST Cl s 5 Admin Approved it , .,, Dara Woodruff c, iv g + ti ODFa 18-Jan-2023 09:58 AM CST Created by: Kevin Young on 04- Jan- 2023 Last Modified by: Dara Woodruff on. 18- Jan- 2023 APPROVED BY: AtTESTgD D Atywaiyata3a3 Kenneth R. Williams Date Tina Broussard Date City Manager City Clerk TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of Zetron Max Fire Station Alerting system by BearCom of Beaumont, TX for $697,700. BACKGROUND Fire uses Zetron for dispatching and communication for Fire and EMS. The current Zetron equipment is end of life and no longer being supported by the manufacturer. The equipment must be replaced to move our system towards National Fire Protecstion Association (NFPA) 1221 compliance and additional credit on our International Organization for Standardization (ISO) ratings. With the upgraded equipment, Fire Dispatch will have the ability to communicate more efficiently with Fire and Med stations during the dispatch phase and provide improved response times for calls of service. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the resolution. ATTACHMENTS City of Beaumont Max FSA Pricing June 2023.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to purchase the Zetron Max Fire Station Alerting system by BearCom of Beaumont, Texas in the amount of $697,700.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - 1910 W. Cardinal Drive Beaumont, TX 77705 www.BearCom.com 06/8/2023 Updated MAX FSA Proposal District Chief Brian Hebert Fire Communications Subject: 5 position MAX FSA system for Beaumont County, TX supporting 14 Fire Stations. To: District Chief Brian Hebert Thank you in advance for allowing BearCom to submit the following proposal for your consideration. The attached equipment list and installation quotation is for a 5 position MAX FSA system. A brief description of the proposal follows. At the Dispatch Center quote includes: Five FSA positions consisting of (5) Win10 PCs to be provided by the City of Beaumont, equipped with (5) FSA Standard Software, (5) individual call, tone signaling/paging, Aux I/O, multifunction button kit, and event recall workstation software licenses and workstation hardware for the positions (media docks with power supplies, monitors, desk mics, footswitches, wireless keyboard & mouse, (2) speakers per position - No Headsets). Backroom components include (5) MAX Centrals (2- for Z-node managers, 1-for CAD API, 1- for Text-to-Speech, 1- for MAX Portal Host), (2) VPN Reach device to connect 14 remote CommandIQs, (1) MSB radio gateway with interface license and cable to support 1 APX6500 radio, a redundant power system and rack mounts. For at the Fire Stations quote includes: (14) LED Display Boards with associated components, (14) Fire Station Audio Gateways with rack mounts and MRG to Tail Cables to connect to station PAs, (14) Larger Acromag units with associated components, (14) CommandIQ workstations equipped with FSA Software and Aux I/O, tone signaling/paging, event recall, multifunction button kit, and individual call workstation licenses, mounting hardware, and (14) VPN reach devices to connect the CommandIQs back to dispatch. Option for network switches at stations not included in total price. Quote also includes remote configuration services, and (4) years of Extended Service PSP for a total of 5 years hardware and software support. Extended Service PSP must be purchased to maintain continuous factory technical support and software upgrades. Please be advised that BearCom is a certified partner of Zetron and has the technical competency, financial stability, and industry experience that enable us to meet and exceed your needs. Our engineering, project management, and sales teams have collaborated to provide you with a solution that we think is the best fit for your application. This proposal is Buy Board contract 696-23 discounted. Note that as of 30 June there will be a Zetron price increase, if purchase order is not received prior to this date this proposal will be invalid. Site walks were completed for the installation locations. Some additional requests for additional hardware and capabilities were discovered during the re-visits. Due to the constraints of the current timeline these can be addressed either at a later date or handled as a change order to the project. The Zetron MAX FSA can control a variety of building services. Included with this project is the opening and closing of bay doors and lights. This will be included in the project, being that capability already exists and can be tied into. Milestone billing will be outlined in a separate agreement. If after reviewing this proposal you should have any questions, please feel free to contact me at the phone number or e-mail address listed below. We welcome the opportunity to serve you. Sincerely, Michael Wise Account Executive BearCom 409.351.1950 Cell 409.842.1776 Office Qty Model Number Unit Price Extended Total $ - 14 Fire Station Touch Control Console Bundle $ 3,187.80 $ 44,629.20 Includes Hardware: Fire Station Touch Control Console $ - PTT handset, speaker, wall mount kit, Licenses $ - Sold Separately Requires: 930-0439 MAX FSA Base Software $ - License 930-0453 FSA Fire Station Apparatus and Status $ - Alerting Feature Lic 930-0457 MAX FSA AUX I/O Gateway $ - and Console Feature Set $ - 14 LED Firehouse Display - Color RGB 22" x 4" $ 2,430.00 $ 34,020.00 $ - 14 MAX FSA LED Firehouse Display Power Supply $ 45.00 $ 630.00 $ - 14 FSA Reader Board Serial Cable (CAT5 to RS485) 20 FT $ 45.00 $ 630.00 $ - 28 FSA Reader Board Rear-mount Metal Brackets $ 67.50 $ 1,890.00 $ - 14 MAX Fire Station Gateway $ 2,790.00 $ 39,060.00 $ - 14 MAX Radio Gateway to Tail Cable (20ft) $ 90.00 $ 1,260.00 $ - 14 Acromag Ethernet I/O Unit $ 2,182.50 $ 30,555.00 $ - 14 8 Port PoE Managed Switch $ 311.40 $ 4,359.60 $ - 14 Network Isolation Switch $ 225.00 $ 3,150.00 $ - 14 Power Supply for 802-2117 Acromag Ethernet Unit $ 45.00 $ 630.00 $ - $ - 5 Media Dock XS $ 3,577.50 $ 17,887.50 $ - 5 AC Power Cord (North America) $ 22.50 $ 112.50 $ - 5 Power Supply, Desktop 60W $ 67.50 $ 337.50 $ - 5 MAX Central $ 4,140.00 $ 20,700.00 $ - 5 MAX Central Portal Host $ 3,532.50 $ 17,662.50 $ - 2 1000BASE-T SFP Module $ 877.50 $ 1,755.00 $ - 2 MAX Disp 24-Port (Non- POE) Managed Gigabit Switch $ 1,975.50 $ 3,951.00 $ - 10 Amplified 5W Speaker V2 Assembly $ 697.50 $ 6,975.00 $ - 10 10 ft Shielded Cat5e Cable for Speakers $ 22.50 $ 225.00 $ - 1 Redundant 12VDC Power System - Up to 20 Devices $ 2,812.50 $ 2,812.50 $ - 1 Isolated 12VDC Power Supply System (non-redundant) $ 1,462.50 $ 1,462.50 $ - 14 Fuse, 3 Amp $ 22.50 $ 315.00 $ - * 5 PC's with Touch Screen Monitors and wireless or wired $ - keyboards and mice REQUIRED for dispatch positions $ - PC' s and relater hardware are NOT included in this proposal $ - at the reqest of city of Beaumont IT $ - $ - $ - $ - $ - 14 FSA Fire Station Apparatus and Status Alerting Feature $ 1,687.50 $ 23,625.00 License $ - $ - 14 MAX FSA AUX I/O Gateway and Console Feature Set $ 1,687.50 $ 23,625.00 $ - 14 MAX FSA Base Software License $ 1,687.50 $ 23,625.00 $ - $ - $ - 5 MAX Dispatch MAX FSA Stacked Actions Feature License $ 1,597.50 $ 7,987.50 $ - 1 MAX FSA CAD API with Premium Text Gateway Bundle $ 11,970.00 $ 11,970.00 $ - 5 MAX FSA Standard Software $ 4,747.50 $ 23,737.50 $ - 1 Z-Node Manager $ 3,487.50 $ 3,487.50 $ - 1 MAX Portal Remote Radio or Console License $ 225.00 $ 225.00 $ - 5 Individual Call Software Feature Set $ 1,125.00 $ 5,625.00 $ - 5 Tone Signaling/Paging Feature Set $ 1,687.50 $ 8,437.50 $ - 5 Event Replay $ 1,912.50 $ 9,562.50 $ - 5 MAX Dispatch Aux I/O Console Feature Set $ 1,687.50 $ 8,437.50 $ - 14 Aux I/O Port License - 48 Ports $ 990.00 $ 13,860.00 $ - 14 MAX FSA Connection License per Fire Station $ 90.00 $ 1,260.00 $ - $ - $ - $ - $ - 16 REACH Remote VPN Connectivity $ 1,147.50 $ 18,360.00 $ - 5 Touchscreen Monitors for Dispatch $ - $ - $ - $ - $ - SOFTWARE SPARES - MAX FSA Spares SOFTWARE - Fire Station $ - 1 MAX FSA-PSP Base Service Plan $ - $ - 1 year Software Services, 1 years Hardware $ - Services, 1 year of Advance Hardware $ - replacement, Operator web training (2-4 hr $ - sessions) and 1 year membership in the $ - Zetron MAX Users Group $ - $ - 14 MAX FSA-PSP Extended Service Plan $ 4,950.00 $ 69,300.00 Price is for 14 Fire Stations $ - 10% discount off of XMP-0359-EBS is only available $ - if all (4) years of Extended PSP is purchased at time $ - of original order $ - $ - $ - $ - 1 MAX FSA-PSP Remote Configuration Services $ 4,567.50 $ 4,567.50 Systems & CSSI $ - Remote assistance for initial system $ - configuration. Additional remote and/or $ - on-site configuration may be necessary based $ - on design and project complexity $ - $ - $ - 5 Desktop Microphone, with 6' RJ45 to RJ45 Cable $ 1,305.00 $ 6,525.00 $ - 5 Footswitch, Single with 10' cable $ 270.00 $ 1,350.00 $ - 14 Single Unit Rack Mount Option $ 135.00 $ 1,890.00 $ - 3 Dual Unit Rack Mount Option $ 202.50 $ 607.50 $ - $ - $ - All Computer Equipment and Related Items Supplied $ - by City of Beaumont $ - $ - $ - $ - $ - 1 MAX MSB Radio Gateway Hardware $ 49.50 $ 49.50 $ - 1 MAX Radio Gateway to XTL 5000 / APX 7500 $ 157.50 $ 157.50 Mobile Radio Rear Accessory Cable (20ft) $ - 1 MAX MSB Radio Gateway Hardware $ 2,812.50 $ 2,812.50 $ - 1 Motorola APX 7500 Interface License $ 360.00 $ 360.00 1 Installation Hardware $ 20,000.00 $ 20,000.00 $ - $ - 24 Port Managed Gigabit Rack Mount Switch $ 28,072.80 $ - Two required for high availability network. $ - $ - $ - $ - 15 Installation of quoted equipment and implementation $ 10,000.00 $ 150,000.00 of Zetron MAX FSA system at stations and Fire dispatch $ - Does not include all possible individual station $ - I/O configurations $ - * Any electrical or wirng that requires conduit to be installed TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom, Director of Facilities Maintenance MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 for the Art Museum of Southeast Texas Roof Replacement Project located at 500 Main Street. BACKGROUND On May 9, 2023, by Resolution No. 23-128, the City Council awarded Preferred Facilities Group - USA of Beaumont, Texas the contract for the replacement of the roof membrane only on the Art Museum of Southeast Texas in the amount of $291,408.49. This project resulted from hail damage to the roof membrane on April 15, 2023. Change Order No. 1 consists of the removal and disposal of the existing roof membrane and associated insulation board material and the installation of new insulation board and associated taper insulation. the previously awarded contract did not include this scope of work. This change resulted from the recommendation of the insurance adjustor and their roofing consultant due to concern with moisture trapped in the insulation board. This work is reflected in the insurance claim scope of work; therefore, the City will receive funding, less deductible and depreciation in the net Claim Value of $412,826.33. The total cost for the adjustment in the scope of work, as described herein, is $199,860.10, thereby resulting in a total contract amount of $491,268.59. This change will increase the contract time by thirty (30) calendar days. Approval of Change Order No. 1 in the amount of $199,860.10 is recommended. FUNDING SOURCE Capital Reserve / Property Insurance Claim RECOMMENDATION Approval of the resolution ATTACHMENTS 6-27-23 Exhibit-Art Museum of Southeast Texas Roof Replace-Change Order 1 by the City of Beaumont $ - $ - $ - Subtotal $ 676,454.30 Shipping $ 21,241.86 $ - Grand Total $ 697,696.16 This quote is based upon BearCom’s standard term of sales, rental and service located: https://bearcom.com/terms-of-sale * Shipping is estimated Installation & Technical Services OPTIONS - CommandIQ - MAX Compact Workstation Miscellaneous Recommended Options (not included in the total price) MAINTENANCE - Product Service Plans SERVICES - Remote Services OPTIONS - MAX Solutions Recommended Options RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on May 9, 2023, the City Council of the City of Beaumont, Texas passed Resolution No. 123-128 awarding a contract in the amount of $291,408.49 to Preferred Facilities Group- USA, of Beaumont, Texas, for the Art Museum of Southeast Texas Roof Replacement Project located at 500 Main Street; and, WHEREAS, Change Order No. 1, in the amount of $199,860.10, to consists of the removal and disposal of the existing roof membrane and associated taper insulation, thereby increasing the total contract amount to $491,268.59; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $199,860.10 for additional work described above, thereby increasing the total contract amount to $491,268.59 for the Art Museum of Southeast Texas Roof Replacement Project located at 500 Main Street; and, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West - City of Beaumont Fire/Rescue Zetron MAX FSA Fire Station Alerting Equipment List and Installation Description HARDWARE - Fire Station HARDWARE - Dispatch Center Printed Name & Title Printed Name & Title Printed Name & Title Printed Name & Title 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: June 27, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Long Street Emergency Cavity Repair Project. BACKGROUND On May 23, 2023, by Resolution No. 23-147, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of $80,000.00, for the Long Street Emergency Cavity Repair Project. The authorized work consisted of the initial excavation of the site to stabilize the site and determine the extent of damage to the storm sewer line. On June 5, 2023, Brystar submitted an updated time and materials proposal estimated at $563,209.26 to complete the necessary work. This estimate was based on costs incurred to date as well as a review of a preliminary design sketch from the design engineer. The additional work is required to pour a new section of concrete box to replace the collapsed section and place backfill that meets the special loading requirements of the railroad. The City engaged with ReCon Engineering, of Beaumont, to prepare the required construction drawings for the repair of the storm sewer line. If approved, the new contract amount would be $643,209.26. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS Long Street Emergency Cavity Repair RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on May 23, 2023, the City Council of the City of Beaumont, Texas passed Resolution No. 23-147 awarding a contract in the amount of $80,000.00 to Brystar Contracting, Inc., LLC, of Beaumont, Texas, for the Long Street Emergency Cavity Repair Project; and, WHEREAS, on June 5, 2023, Brystar Contracting, Inc., LLC, of Beaumont, Texas submitted an updated time and materials proposal estimated at $563,209.26 to complete the necessary work; and, WHEREAS, the additional work is required to pour a new section of concrete box to replace the collapsed section and place backfill that meets the special loading requirements of the railroad; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to accept the updated time and materials estimate for work by Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $563,209.26 for the additional work described above, thereby increasing the total contract amount to $643,209.26 for the Long Street Emergency Cavity Repair Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of June, 2023. _______________________________ - Mayor Roy West -