Loading...
HomeMy WebLinkAboutPACKET JUL 27 2010 RICH WITH OPPORTUNITY 17C A►[I 1�1 U1 11* T • E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 27, 2010 1:30 P.M. CONSENT AGENDA * Approval of minutes - July 20, 2010 * Confirmation of committee appointments John Johnson would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 22, 2012. (Mayor Pro Tem W.L. Pate, Jr.) Gwen Trotter would fill the unexpired term of Suzanne Alexander on the Small Business Revolving Loan Fund Board. The term would commence July 27, 2010 and expire September 14, 2011. (Councilmember Alan B. Coleman) Jay Badillo would be reappointed to the Convention and Tourism Advisory Board. The current term would expire June 17, 2012. (Mayor Becky Ames) Mary Jowers would be reappointed to the Board of Adjustment(Zoning) Board. The current term would expire July 22, 2012. (Mayor Becky Ames) Bob Harris would be reappointed to the Board of Adjustment(Zoning)Board. The current term would expire July 22, 2012. (Mayor Becky Ames) Kelli Maness would be reappointed to the Board of Adjustment(Zoning) Board. The current term would expire June 21, 2012. (Mayor Becky Ames) A) Approve a contract for the purchase of work uniforms for use in individual city departments B) Authorize the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits C) Authorize the acceptance of a Water Line Easement to provide water services for properties along Delaware Street D) Authorize the acceptance of a water line easement to provide access for fire protection services to Stoneleigh Apartments located at 4550 Major Drive A RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 27, 2010 REQUESTED ACTION: Council consider authorizing the award of a contract for the purchase of work uniforms. RECOMMENDATION Administration recommends the award of a contract to Munro's Safety Apparel of Beaumont, in the estimated annual amount of$44,045. BACKGROUND Civilian City employee uniforms include men's and women's pants and shirts, as well as other items such as jackets, coveralls, and caps when appropriate. Approximately 400 civilian employees are issued city uniforms. Individual City departments determine the number of uniforms issued to each employee. Vendors were provided with approximate yearly usage and asked to submit an itemized price list. The specifications also require the successful bidder to have a physical storefront within the city limits of Beaumont to expedite the measurement of employees and issuance of uniforms throughout the contract period. Bids were solicited from six(6)vendors, responses were received from four(4). The low bid was submitted by Munro's Safety Apparel. Their bid represents a savings of$1,991 over the current contract. BUDGETARYIMPACT Funds are included in the operating budgets of each user department. CITY OF BEAUMONT,BEAUMONT,TEXAS _BEA I �M01I PURCHASING DIVISION BID TABULATION TT - E • X • A • s Bid Name: Annual Contract For Work Uniforms Bid Number: BF0SIO-42 Bid Opening: 711110 Contact Person: Robert(Bob)Hollar,Buyer 11 rhollar(d)d.beaumont.tx.us Phone: 409-880-3758 Vendor ACE IMAGEWEAR COTTON CARGO COMADE,INC. MUNRO'S SAFETY APPAREL City 1 State BEAUMONT BEAUMONT IRVINE,CA BEAUMONT Phone or Fax No. 833-3333 832-8300 888 923-9922 504-3693 %For Extended Extended Extended Extended CITY Oversiz Unit Price Price %For Unit Price Price %For Unit Price Price %For Unit Price Price ITEM DESC (TONS) a Oversize Oversize Oversize 1 Men's Long Sleeve Shirts(White,Lt. 600 20% $ 10.32 $6,192.00 10% $ 19.30 $11,580.00 20% $ 9.16 $ 5,496.00 20% $ 8.75 $5,250.00 Blue or Lt Tan 2 Men's Short Sleeve Shirts (White,Lt. 600 20% $ 8.95 $5,370.00 10% $ 19.30 $11,580.00 20% $ 8.35 $ 5,010.00 20% $ 7.50 $4,600.00 Blue or Lt Tan 3 Women's Long Sleeve Shirts(White, 125 20% $ 11.00 $1,375.00 10% $ 19.30 $ 2,412.50 20% $ 9.39 $ 1,173.75 20% $ 10.50 $1,312.50 Lt Blue or Lt Tan 4 Women's Short Sleeve Shirts(White, 90 20% $ 9.00 $ 810.00 10% $ 19.30 $ 1,737.00 20% $ 7.77 $ 699.30 20% $ 8.55 $ 769.50 Lt Blue or Lt Tan 6 Men's Button Down Oxford Long 20 20% $ 14.25 $ 285.00 10% $ 22.30 $ 446.00 20% $ 12.00 $ 240.00 20% $ 12.00 $ 240.00 Sleeve Shin Lt.Blue 6 Men's Button Down Oxford Short 40 20% $ 13.35 $ 534.00 10% $ 20.25 $ 810.00 20% $ 10.44 $ 417.60 20% $ 10.50 $ 420.00 Sleeve Shirt Lt.Blue 7 Men's Pants Regular Style(Navy, 700 20% $ 13.25 $9,275.00 10% $ 20.50 $14,350.00 20% $ 11.89 $ 8,323.00 20% $ 11.85 $8,295.00 Brown or White 8 Men's Pants Jean Cut Style(Navy or 200 20% $ 14.95 $2,990.00 10% $ 24.92 $ 4,984.00 20% $ 13.34 $ 2,668.00 20% $ 14.10 $2,820.00 Brown 9 Women's Pants(Navy or Brown) 160 20% $ 14.95 $2,242.50 10% $ 24.48 $ 3,672.00 20% $ 13.11 $ 1,966.50 20% $ 14.00 $2,100.00 10 Men's Pleated Slacks(Navy) 20 20% $ 18.75 $ 375.00 10% $ 29.43 $ 588.60 20% $ 18.27 $ 365.40 20% $ 18.25 $ 365.00 11 Men's Traditional Work Pants(Navy) 20 20% $ 14.25 $ 285.00 10% $ 27.38 $ 547.60 20% $ 13.63 $ 272.60 20% $ 14.95 $ 299.00 12 Denim Jeans(Dark Blue) 50 20% $ 16.00 $ 800.00 15% $ 28.59 $ 1.429.50 20% $ 11.48 $ 574.00 20% $ 12.50 $ 625.00 13 Jackets(Navy or Brown) 200 20% $ 24.99 $4,998.00 15% $ 41.14 $ 8,228.00 20% $ 24.30 $ 4,860.00 20% $ 25.65 $5,130.00 14 Team Jackets(Navy or Brown) 20 20% $ 28.99 $ 579.80 15% $ 41.23 $ 824.60 20% $ 23.20 $ 464.00 20% $ 23.20 $ 464.00 15 Long Sleeve Coverall(Navy or Brown) 100 20% $ 21.50 $2,150.00 15% $ 36.38 $ 3,638.00 20% $ 20.65 $ 2,065.00 20% $ 21.30 $2,130.00 16 Shirt Sleeve Coverall(Navy) 75 20% $ 29.00 $2,175.00 15% $ 38.18 $ 2,863.50 20% $ 20.65 $ 1,548.75 20% $ 18.50 $1,387.50 11 Caps(Navy or Brown) 125 20% $ 7.00 $ 875.00 NA $ 3.12 $ 390.00 NA $ 10.32 $ 1,290.00 NA $ 4.60 $ 562.60 Emblems: City a 12 of Beaumont Blue 8 Brown) 2000 r $ 2.25 $4,500.00 * x $ 5.00 $10,000.00 $ 5.00 $10,000.00 4, $ 3.50 $7,000.00 13 Civic Center 100 $ 2.25 $ 225.00 $ 8.00 $ 800 00 $ 5.00 $ 500 00 t, $ 3.75 $ 375.00 TOTAL BID $ 46,036.30 4 80,881.30 S 47,933.90 $ 44,045.00 BRAND BID RED KAP NOT STATED RED CAP RED KAP SAMPLE PROVIDED YES I NO NO YES RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of work uniforms; and, WHEREAS, Munro's Safety Apparel, Beaumont, Texas, submitted a bid in the unit amounts shown below for an estimated annual amount of $44,045: DESCRIPTION QTY % FOR UNIT EXTENDED OVERSIZE PRICE PRICE Men's Long Sleeve Shirts (White, Lt. 600 20% $ 8.75 $ 5,250.00 Blue or Lt. Tan) Men's Short Sleeve Shirts (White, Lt. 600 20% $ 7.50 $ 4,500.00 Blue or Lt. Tan) Women's Long Sleeve Shirts (White, 125 20% $10.50 $ 1,312.50 Lt. Blue or Lt. Tan) Women's Short Sleeve Shirts (White, 90 20% $ 8.55 $ 769.50 Lt. Blue or Lt. Tan) Men's Button Down Oxford Long 20 20% $12.00 $ 240.00 Sleeve Shirt(Lt. Blue) Men's Button Down Oxford Short 40 20% $10.50 $ 420.00 Sleeve Shirt (Lt. Blue) Men's Pants Regular Style (Navy, 700 20% $11.85 $ 8,295.00 Brown, or White) Men's Pants Jean Cut Style (Navy or 200 20% $14.10 $ 2,820.00 Brown) Women's Pants (Navy or Brown) 150 20% $14.00 $ 2,100.00 Men's Pleated Slacks (Navy) 20 20% $18.25 $ 365.00 Men's Traditional Work Pants 20 20% $14.95 $ 299.00 Denim Jeans (Dark Blue) 50 20% $12.50 $ 625.00 Jackets (Navy or Brown) 200 20% $26.65 $ 5,130.00 Team Jackets (Navy or Brown) 20 20% $23.20 $ 464.00 Long Sleeve Coverall (Navy or Brown) 100 20% $21.30 $ 2,130.00 Shirt Leave Coverall (Navy) 75 20% $18.50 $ 1,387.50 Caps (Navy or Brown) 125 NA $ 4.50 $ 562.50 Emblems: City of Beaumont (Blue & 2000 $ 3.50 $ 7,000.00 Brown) Civic Center 100 $ 3.75 $ 375.00 TOTAL BID $44,045.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Munro's Safety Apparel of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Munro's Safety Apparel, Beaumont,Texas, in the unit amounts shown above for an annual contract, in the estimated amount of$44,045, for the purchase of work uniforms be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY 1111EMA, ( T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 27, 2010 REQUESTED ACTION: Council consider authorizing the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits. RECOMMENDATION The Administration recommends authorization to grant a Utility Crossing Agreement to cross city utility easements outside the corporate limits near the Prison Facilities on FM Highway 3514. BACKGROUND Premcor Pipeline Co., has requested permission to install a Valero Pipeline across utility easements parallel to West Pt. Arthur Road and near the Prison Facilities on FM Highway 3514. The pipeline is for the purpose of transporting oil, gas, water, carbon dioxide or their products and will be constructed in accordance with City requirements. BUDGETARY IMPACT There is a one-time fee of$500 for the Utility Crossing Agreement and an annual fee of$2.25 per linear foot of pipeline. engpremcor-ib 16 July 2010 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 grant a Utility Crossing Agreement to Premcor Pipeline Co., substantially in the form attached hereto as Exhibit "A," to install a Valero pipeline across utility easements parallel to West Port Arthur Road and near the prison facilities on FM Highway 3514 for the purpose of transporting oil, gas, water, carbon dioxide or their products, to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. - Mayor Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: The Premcor Pipeline Co. Business Phone: (210) 345-3206 Business Address: One Valero Way, RM E2A-110, San Antonio, Texas 78249 The City of Beaumont, hereinafter called "City", for and in consider-hereby grants to The Premcor Pipeline Co. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra-Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length Linear Foot) of Crossing FM 3514 Pipeline crosses under City of Beaumont Easement which is outside of the City Limits. (20 foot Easement) COST OF LICENSE. Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 EXHIBIT "A" All fees, including the first annual fee for linear- foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL COI DITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other- method approved by the City Water Utilities Department. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. Operations along easements shall be performed in such a manner- that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. A map showing the location of the proposed pipeline shall be provided. The pipeline shall be maintained and operated in such a manner as not to leak and/or- cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. Installation will be done in accordance with all City standards and statutes of the State of Texas. J REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: S 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00 The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (I) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. W:\2008\08-768 Valero PL CorridorWALTRO PERMTTSIulility crossin,_agreement-revised(2).doc 12-04-2008 4 OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas,water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or- conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. WA2008\08-768 Valero PI,CorridorlVALERO PER 1JTS\utility crossing agreement-revised(2).cloc 12-04-2008 5 NOTIFICATION/INSPECTION: Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior- to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Non-assignable This license is personal to the Licensee. It is non-assignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other- specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be affected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: The Premcor Pipeline Co. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: One Valero Way, R1VI E2A-1 10 Attn: City Manager- City and State of Licensee: San Antonio, Texas 78249 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. w:A2009\08-768 Valero PL Corridor\VALERO PERMITSW ility crossing agreement-revised(2).doc 12-04-2008 6 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerl<, this day of A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY' NAME: The Premcor Pipeline Co. (Licensee) Represented by: James V.�St all Title: Vice President ATTEST: By: Secretary I WA2008\08-768 Valero PI,Comdor\VALERO PI-,RMITS\utility_crossino_agreement-revised(2).doc 12-04-2008 7 i TWENTY FOOT / UTILITY EASEMENT OUT OF A DAVID CUNNINGHAM SURVEY / ABSTRACT 15 DONORS / ,\ E.G. CORDTS, JR. '`� o `� `\ o o Ivo N. T. S. s -� ems;::: / �rr �'ro• i I , w , 20• \ N / e D .e � � J SUBJECT Beaumont / aria / \` prison 351,' �n ¢ s / s yG ��AkPOrt -�County jail © State prison c RICH WITH OPPORTUNITY [I Cr . � T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 27, 2010 REQUESTED ACTION: Council consider authorizing the acceptance of a Water Line Easement. RECOMMENDATION The Administration recommends acceptance of a Water Line Easement to provide water services for properties along Delaware Street. BACKGROUND Delaware Extension Development, Ltd.; BGN2, Inc.; DCJC Properties, LLC.; and Talisman Development, Inc., have agreed to convey a 10 foot wide Waterline Easement to the City of Beaumont. The easement [0.1564 acre out of the Hezekiah Williams Sr. Survey] will provide water services for properties located off Delaware Street west of Dowlen Road.. BUDGETARYIMPACT None. \engdelaware_ext-ib 16 July 2010 RESOLUTION NO. WHEREAS, Delaware Extension Development, Ltd., BGN2, Inc., DCJC Properties, LLC, and Talisman Development, Inc., have offered to convey a ten foot (10') wide water line easement for property located along Delaware Street, said easement being 0.1564 acre out of the Hezekiah Williams, Sr. Survey, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing water services; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Delaware-Extension Development, Ltd., BGN2, Inc., DCJC Properties, LLC, and Talisman Development, Inc., as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. - Mayor Becky Ames - I 10'Exclusive Water Line Easement Dedication to the City of Beaumont 30 June 2010 Page 1 of 3 DESCRIPTION of 0.1564 acre (6,815 square feet) tract of land out of the Hezekiah Williams Sr. Survey, Abstract No. 56, located in Beaumont Jefferson County, Texas, said tract being out of 1) the residual of that certain 209.2045 acre tract conveyed by Amoco Production Company to Delaware Extension Development, Ltd. by deed recorded under County Clerk's File No. 2000047669 of the Official Public Records of Real Property, Jefferson County, Texas, ii) out of the residual of at certain 3.0248 acre tract of land conveyed by Talisman Development, Inc. to BNG2, inc. as recorded under County Clerk's File No. 2008024491 of the Official Public Records of Real Property, Jefferson County, Texas, iii) out of that certain 1.0001 acre tract of land conveyed by BNG2, Inc. to DCJC Properties, L.L.C. as recorded under County Clerk's File No. 2010006439 of the Official Public Records of Real Property, Jefferson County, Texas, and iv) out of that certain 3.0460 tract comprising Stone Manor, Phase One, a Planned Unit Development, plat of which is recorded under County Clerk's File No. 2008030316 of the Official Public Records of Real Property, Jefferson County, Texas, said tract being more fully bounded and described as follows: COMMENCING at a scribed 'X"in a concrete drive marking the southwest comer of the above referenced BNG2, Inc. residual tract and the most easterly southeast comer of the above referenced Delaware Extension Development, Ltd. residual tract, said cornerbeing located in the north line of Delaware Street, a 100 foot(100) wide public street right-of- way; THENCE with the west line of said BNG2, inc. tract and the easterly line of said Delaware Extension Development,Ltd.residual tract,North 03 degrees 33 minutes 37 seconds West (N 03°3337"W) fora distance of 10.00 feet(10.00) to the PLACE OF BEGINNING of the herein described easement, said point being the northwest comer of a 10 foot(10) wide utilities easement conveyed by Talisman Development, Inc. to Entergy Texas, Inc. as recorded under County Clerk's File No. 2007017140 of the Official Public Records of Real Property,Jefferson County, Texas and also being the northeast comerof 10-foot(10)wide conveyed by Delaware Extension Development, Ltd. to Entergy Texas, Inc. as recorded under County Clerk's File No. 2007017141 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the northerly line of said Entergy Texas, Inc. 10 foot(10) utilities easement and the southerly line of the herein described tract, South 86 degrees 41 minutes 51 seconds West(S 86°41'51"W) for a distance of 35.00 feet(35.00)to a point marking the southwest comer of the herein described tract, THENCE with the most westerly line of the herein described tract, North 03 degrees 33 minutes 37 seconds West(N 03°3337" M for a distance of 10.00 feet(10.00) to a point marking the most westerly northwest comer of the herein described tract; EXHIBIT "A" 10'Exclusive Water Line Easement 30 June 2010 Page 2 of 3 THENCE, parallel to and 10 feet(10) equidistant from the north line of said Entergy Texas utilities easement, North 86 degrees 41 minutes 51 seconds East(N 86°41'51"E) for a distance of 7.50 feet(7.50) to a point for corner, THENCE, North 03 degrees 33 minutes 37 seconds West(N 03°33'37" K9 for a distance of 7.00 feet (7.00) to a point for comer, THENCE, parallel to and 20 feet(20) equidistant from the north line of said Entergy Texas utilities easement, North 86 degrees 41 minutes 51 seconds East(N 86°41'51"E) for a distance of 10.00 feet(10.00) to a point for comer, THENCE, South 03 degrees 33 minutes 37 seconds East(S 03°33'37"E) for a distance. of 7.00 feet(7.00) to a point for comer; THENCE, parallel to and 10 feet(10) equidistant from the north line of said Entergy Texas utilities easement, North 86 degrees 41 minutes 51 seconds East(N 86°41'51"E)at 17.75 feet (17.75) pass the common boundary line between said Delaware Extension Development, Ltd. residual tract and said BNG2, Inc. residual tract,at 322.26 feet(322.26) pass the common boundary line between said BNG2, Inc. residual tract and the above referenced DCJC Properties, L:L.C. tract, at 472.26 feet (472.26) pass the common boundary line between said DCJC Properties, L.L.C. tract and the above referenced Stone Manor, Phase One, continuing along said course for a total distance of 657.06 feet (657.06) to a point for comer in the west line of an existing 10 foot (10) wide waterline easement recorded as a part of the subdivision of Barrington Heights, Phase IV, plat of which appears in Volume 16, Page 400 of the Map Records of Jefferson County, Texas, said comer marking the most easterly northeast corner of the herein described tract; THENCE with the most westerly line of said 10 foot(10)waterline easement and the most easterly line of the herein described tract, South 03 degrees 33 minutes 37 seconds East (S 03°3337"E) for a distance of 10.00 feet(10.00) to a point for comer in the north line of said Entergy Texas utilities easement; THENCE with the north line of said Entergy Texas utilities easement and the southerly line of the herein described tract, South 86 degrees 41 minutes 51 seconds West(S 86°41'51" M at 184.80 feet(184.80) pass the common boundary line between said Stone Manor, Phase One and said DCJC Properties, L.L.C. tract, at 334.80 feet (334.80) pass the common boundary line between said DCJC Properties, L.L.C. tract and said BNG2, Inc. residual tract, continuing along said course for a total distance of 639.56 feet(639.56) to the PLACE OF BEGINNING. CONTAINING IN AREA 0.1564 acres (6,815 square feet) of land, more or less. 90'Exclusive Water Line Easement 30 June 2090 Page 3 of 3 All bearings are based on grid north referenced to the Texas State Plane Coordinate System, South Central Zone, N.A.D. 9983 datum. All distances are true surface distance. All areas are true surface area. This description was calculated and prepared from a survey conducted on the ground in December of 2009. OFTF� g G1STE2FQ qs* Joe A. Mattox JOE......A MAT70X. Registered Professional Land Surveyor No. 5535 P '.�FESS`�.•Q 9�D S U F14�y /0 Date S:16300163301wpd1BNG2-WLEsmt-fnd.wpd I i I I I i I r DELAWARE EXTENSION ¢ BNGZ,INC. DCJC PROPERTIES,L.L.C. STONE MANOR DEVELOPMENT,LTD. 2.0247 ACRES � RESIDUAL OF 209.1045 ACRES RESIDUAL OF 3.0248 ACRES - - 1.0001 ACRES PHASE ONE (C.C.FlLE NO.2000047669) (C.C.FlLE NO.200802449 1) (GC:FlLE N0:2070006439) nLE NO. ACRES C- (C.O Fl(E N0.2008030316) —SCALE : 1"= 60' ENTERGY TEXAS INC. f0' 0.1564 AcYes U/1Lf0E5 fASf7AEM — _ (CCF.No.2007017741) 6 EXCLUSIVE 10' WATER LINE EASEMENT b a B DEDICATION TO THE CITY OF BEAUMONT Y TE INC 8 3' munES EASEMFM y�.-�, 5 7 +rr10, 10'UNLRIES EASEMENT X10'WATER LINE EASEMENT V'0, P.O.B_---L--- — ---------10' (CC.F.N0.2007077140) -- �— t—l0' 9 (U.R.VOWME.i6,PG 400) 3 --------- I I I I I . - - -_ -� — 4 — —;--- ---- ------------ --------- —r— — — 2 70 (Basis of Bearing) 3 P.O.C. o 10 a C.-rd. ------ — ---�1-----DELAWARE-- — ------STREET-------------------- Ili. � i m I X = I 1EOF TFX SURVEY uNES EXHIBIT TO ACCOMPANY *� �?FO9s: 00 �. LINE BEAR/NC DISTANCE DESCRIPTION OF � ��oE-"."""TT°" tO N 0373'37•W 10.00' 2O S 86'41'51'W 3.5.00' A 0.1564 ACRE TRACT �gNDSUA�y°P JOE A MATOX REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5535 3D N 03JJ'J7•W 10.00' O N 86'41'51'E 7.50' 0 UT OF ��++ PREPARED BASED FROM A SURVEY CONDUCTED 556 SO N 03-M'37-W 7.00' THE H. WILLIAMS SR. SURVEY—ABS NO. ON THE GROUND IN DECEMBER OF 2009 BY: © N 86'41'57"E 70.0' LOCATED IN O7 S Or33'3T E 7.00' � 8O N 86'4151•E 657.06' BEAUMONT, JEFFERSON COUNTY, TEXAS 11'rveyors Qs 5 or33'JT E 10.00' Texas Registered Professional Land Surveyors 505 South Fourth Street 10 5 86'4151•W 639.56' .TUNE 2010 - Beauman;Texas 77701 I DWG BY:J. FAME D RICH WITH OPPORTUNITY r C ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 27, 2010 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services to Stoneleigh Apartments located at 4550 Major Drive. BACKGROUND Stoneleigh Homsar Apts. Ltd. have agreed to convey a ten(10) foot wide water line easement to the City of Beaumont. The easement [out of Lot IA, Block 1, of the Replat of Stoneleigh] will provide mandatory access to the water lines and fire hydrants for the Stoneleigh Apartments located at 4550 Major Drive and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. \engstoneleigh-ib 16 July 2010 RESOLUTION NO. WHEREAS, Stoneleigh Homsar Apartments, Ltd., has offered to convey a ten foot (10') wide water line easement for property located at 4550 Major Drive, said easement being out of Lot 1A, Block 1, of the replat of Stoneleigh, as described in Exhibit "A" and shown on Exhibit"B" attached hereto, to the City of Beaumont for the purpose of providing access to the water lines and fire hydrants for fire protection services for the Stoneleigh Apartments; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Stoneleigh Homsar Apartments, Ltd., as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. - Mayor Becky Ames - Fittz&Shipman INC. EXHIBIT "A", PAGE 1 OF 3 Coizsultiiig Engizzeeis a7zd Laud Sacrveyozs CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE Ronald Terry Fitz,P.E., n,P.E., President Terry G.Shipman, P.E., President WATER LINE EASEMENT Billy J.Smith,Jr.,Chief Operating Officer OUT OF LOT 1A OF THE "PLAT OF Donald a King, P.E. Michelle Fa King, P.E. STONELEIGH Walter]. Ksiazek, R.P.L.S. JEFFERSON COUNTY, TEXAS JULY 7, 2010 That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, out of Lot 1A of the Replat of Stoneleigh, a plat recorded in Clerks File No. 2010014601 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by courses and distances as follows: Note: The Basis of Bearings is a west line of said Lot 1A having been called North 03°08'36" West 644.47 feet. COMMENCING at a concrete monument found at the intersection of the east right-of-way line of North Major Drive and the north right-of-way line of Homsar Pointe Boulevard for the southwest corner of said Lot 1A from which a TxDot monument found for an angle point of said Lot 1A bears North 03 008'36" West 644.47 feet (called North 03 008'36" West 644.47 feet); THENCE North 87 009'40" East along the said north right-of-way line of Homsar Pointe Boulevard and the south line of said Lot 1A a distance of 275.00 feet (called North 87 009'40" East) to a point for the POINT OF BEGINNING of the said centerline from which a capped iron rod found for the southeast corner of said Lot 1A bears North 87°09'40" East 60.00 feet (called North 87°09'40" East); THENCE along the said centerline of the 10' wide exclusive water line easement with the following courses and distances: North 02 050'20" West a distance of 0.68 feet to an angle point; North 42 009'40" East a distance of 7.07 feet to an angle point; North 02°50'20" West a distance of 347.14 feet to an angle point; South 87 009'40"West, at a distance of 86.67 feet pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North 02°50'20" West 22.69 feet and continuing a total distance of 176.52 feet to an angle point;; North 02°50'20" West, at a distance of 414.50 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North 87°09'40" East 22.00 feet, and continuing a total distance of 607.88 feet to an angle point; North 40°00'31" East, at a distance of 79.08 feet pass a point for the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears South 49°59'29" East 11.61 feet, and continuing a total distance of 148.16 feet to an angle point for the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears North 49 024'06" West 108.32 feet to a point in the southeasterly right-of-way line of Old Fittz&Sllipfnan,Inc. Project No. 07156.00OOT6 Plat& Description 1405 Cornerstone Cout- T.., "'ter- • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engine EXHIBIT "A" 'rof Land Surveyors Firm No. 100186 EXHIBIT "A", PAGE 2 OF 3 Major Drive from which a capped iron rod found for the most northerly corner of said Lot 1A bears North 40°01'28" East 90.42 feet (called North 40°01'28" East); South 49°24'06" East, at a distance of 217.55 feet pass a point for the POINT OF BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears South 40 035'54" West 23.00 feet, and continuing a total distance of 452.62 feet to an angle point for the POINT OF BEGINNING of TAP F from which the POINT OF TERMINATION of said TAP F bears South 49 024'06" East 52.62 feet to a point in the southeasterly line of said Lot 1A from which a capped iron rod found for the most easterly corner of said Lot 1A bears North 40 035'54" East 90.47 feet; South 40 035'54" West a distance of 94.04 feet to an angle point; South 85 035'54" West a distance of 28.82 feet to an angle point; South 40 035'54" West, at a distance of 25.63 feet pass a point for the POINT OF BEGINNING of TAP G from which the POINT OF TERMINATION of said TAP G bears South 49°24'05" East 25.84 feet, and continuing a total distance of 231.88 feet to an angle point; South 02 050'20" East a distance of 167.86 feet to the POINT OF TERMINATION of the said centerline. This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. during March 2010. alter J. Ksiazek �F-l��' Registered Professional and Sury or No. 5321 * � �;,I5Tl;jp "9� 'WALTER.J. KSIAZEK 3'11 _ 0 Fittz&Skipmarn, Inc. Project No. 07156.00OOT6 Plat& Description EXHIBIT W, PAGE 3 OF 3 NUMBER DIRECTION DISTANCE L7 N 02'50'20" W 0.68 L2 N 42'09'40" E 7.07 13 N 02'50'20" W 347.14 L4 S 87'09'40" W 176.52 L5 N 02'50'20" W 22.69 L6 N 02'50'20" W 607.88 L7 N 87'09'40" E 22.00 L8 N 40'00'31" E 148.16 FOUND L9 S 49'59'29" E 11.61 CAPPED REMAINDER OF L10 S 49'24'06" E 452.62 IRON RO LAKE BEAU, L.L.P. L1 CLERKS FILE NO. 2005038617 O.P.R.J.C. 0 L12 S 40'35'5544" W 2 23.00 N 49'24 W 0 100 200 LOT 2 (CALLED 28.787 ACRES) 3.00 ® so 5.167 ACRES L13 S 49'24'06" E 52.62 L14 S 40'35'54" W 94.04 S C A L E \�P° �? �V, y POINT OF o�P °e �� �� a TERMINATION L15 S 85'35'54" W 28.82 y e CENTERLINE L16 S 40'35'54" W 231.88 o��ao o°°��5, \\ `�S• L17 T 49'24'05" E 25.84 10' WIDE FOUND FOUND EXCLUSIVE CAPPED L18 S 02'50'20" E 167.86 ��°e c"l\\\ �N sr CAPPED WATER LINE IRON ROD L19 N 40'01'28" E 182.89 / \ G R D EASEMENT CALLED N 40'01'28" E �Q `LP %/(�2 60.00 FOUND CAPPED IRON ROD h F PRIVATE STREET L1 Ll1 h ——_ L18 — — L3 — L2 C,M Z xs P ��P�' m LOT 1A TAP A� I't POINT OF L5 BEGINNING w o ¢ CENTERLINE ° o o Q J ui W SURVEYOR'S CERTIFICATION: l �! 92 �__ __ F- _ _ 4t 4.50 ___J 10' WIDE DO HEREBY CERTIFY, TO THE BEST Of MY KNOWLEDGE AND BELIEF, �9° 9 s> L6 J EXCLUSIVE N M N Q THAI THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE l 9S ALg� fO WATER LINE nro w O m ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2010. EASEMENT Zv = ai �!L y9�1°s'P� k4e&b �.0 F T r 9 eF� �� N 03'08 36 W 644.47 FOUND '( • C FOUND 3'0' (CALLED N 03'08'36" W 644.47) COMMENING TX r y��•i ►O F 7'•x9,P "V IRON ROD MONUMENT (BASIS OF BEARINGS) POINT WALTER J. KSIAZEK f �� F�°• ♦ �� CENTERLINE 4550 NORTH MAJOR DRIVE CONCRETE REGISTERED PROFESSIONAL LAND 5 VEYOR N0. 5 1 * • 10' WIDE EXCLUSIVE MONUMENT ,ZWALTEIRI J. K$IAZFK WATER LINE EASEMENT, 52 5' EACH SIDE OF CENTERLINE <�9; SQq N0 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. gUM F�ttz�Shipmaln PROJECT NAME: LOT 1A OF REPEAT OF STONELEIGH 3 Cons5 iORNER TONE CO COURT, BEArveyors CLERKS FILE NO. 2010014601, OPRJ 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO. Q:\PROJECTS\07156\07156-ODO\TASK 06\7156wtresmt.dwg JW 08, 2010 11:32— (409) 832-7238 FAX (409) 832-7303 DATE: 7-7-10 07156T06 RICH WITH OPPORTUNITY T • E • X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 27, 2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: * Public Comment: Persons may speak on scheduled agenda items 2-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a child care facility in an RS (Residential Single Family Dwelling) District at 2410 Louisiana 2. Consider authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for the Weatherization Program 3. Consider authorizing the City Manager to approve a contract for the Frint Road Lift Station Rehabilitation Project 4. Consider approving the purchase of one fire training trailer for use by the Fire Department WORK SESSION * Review and discuss the FY 2010 Budget and the preliminary FY 2011 Budget COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Kevin Roach v. City of Beaumont In re: Beaumont City Attorneys Tyrone Cooper, Joseph P. Sanders, Quentin Price, Judi Rawls and Darrell Vogel, Relators Entergy Texas, Inc.'s Application to Increase Base Rates and Reconcile Fuel Costs Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 July 27,2010 Consider a request for a specific use permit to allow a child care facility in an RS (Residential Single Family Dwelling) District at 2410 Louisiana RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Gli,) PREPARED BY: Chris Boone, Community Development Director MEETING DATE: July 27, 2010 REQUESTED ACTION: Council to consider a request for a specific use permit to allow a child care facility in an RS (Residential Single Family Dwelling)District at 2410 Louisiana RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • The number of outside employees shall be limited to one(1). • The total number of children to be cared for shall not exceed twelve (12) at any one time. BACKGROUND Tiffany Smith has applied for a specific use permit to allow a child care facility in an RS (Residential Single Family Dwelling)District. The property is located at 2410 Louisiana. Ms. Smith states that she operates a 24-hour child care that is licensed with the Texas Department of Family and Protective Services(TDFPS) as a Child Care Home to care for up to 12 children at any one time. She says that her facility provides both daytime child care and evening and overnight child care. Ms. Smith states that the child care facility is run by herself, her husband and an assistant. She says that the child care facility has been in operation for 6 years. While she has a State of Texas license to operate, she has never received the proper authorization from the City of Beaumont. At a Joint Public Hearing held July 19, 2010, the Planning Commission voted 5:0 to approve the specific use permit to allow a child care facility in an RS (Residential Single Family Dwelling) District at 2410 Louisiana subject to the following conditions: • The number of outside employees shall be limited to one(1). • The total number of children to be cared for shall not exceed twelve (12) at any one time. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD CARE FACILITY IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 2410 LOUISIANA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Tiffany Smith to allow a child care facility in RS (Residential Single Family Dwelling) District located at 2410 Louisiana, being Lots 25-26, Block 10, Emma Reed Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BEFIT, ORDAINED BY THE 1. CITY OF BEAUMONT: Section 1. That a specific use permit to allow a child care facility in an RS (Residential Single Family Dwelling) District located at 2410 Louisiana; being Lots 25-26, Block 10, Emma Reed Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, is hereby granted to Tiffany Smith, her legal representatives, successors and assigns, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, subject to the following conditions: • The number of outside employees shall be limited to one (1). • The total number of children to be cared for shall not exceed twelve (12) at any one time. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. - Mayor Becky Ames - i i File 2039-P: Request for a specific use permit to allow a child care facility in am RS (Residential Single Family Dwelling) District. ()cation: 2410 Louisiana ,pplicant: Tiffany Smith 0 100 200 I i I I Feet IH 10 E Legend BEECH ST 2039P R-S Rl S LOUISIANA S R-S CD R-S R-S I GLADYS AVE l I R-S 1 R_S EXHIBIT "A" J' \: .. fA Ci f � b4 woo FcNCb 1► ��y W Ca tiiUQ.P aCE'Q� •^ •` rflRAZNA '1't 4 ^'�'� ; 'b,'2�e• NAA* Lie i 4.i Ana �'�ycc'� Approval subject to the following conditions: 1. The number of outside employees shall be limited one(1). 2. The total number of children to be cared fro shall not exceed twelve(12)at any one time. EXHIBIT "B" 2 July 27, 2010 Consider authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for the Weatherization Program RICH WITH OPPORTUNITY BEA,IIMON* T • E - x - A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Mane PREPARED BY: Christopher S. Boone, Community Development Director MEETING DATE: July 27, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to amend its contract with the Texas Department of Housing and Community Affairs (TDHCA) for the Weatherization Program. RECOMMENDATION Administration recommends approval. BACKGROUND The Texas Weatherization Assistance Program(WAP) is a Department of Energy(DOE)-funded program authorized by the American Recovery and Reinvestment Act of 2009(ARRA). The Weatherization Assistance Program is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons. The purpose of this amendment is to increase the amount of grant funding from$750,728 to $1,506,338. The grant amount was split by TDHCA in order to ensure proper administration of the program, prior to releasing all of the funding. To date, staff has been hired and trained and three hundred forty-three (343) applications have been received. Of that number, one hundred forty-seven(147)have been processed as eligible and forty-one(4 1) homes have now been weatherized. We estimate that at the conclusion of this program, a total of two hundred and four (204) homes will be weatherized. Attached is the contract with proposed amendments. In addition, another amendment is included to clarify record keeping and other administrative details required by the program. BUDGETARY IMPACT None. Funds would be available through this grant, with no required local match. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 30, 2009, City Council approved Resolution 09-197 authorizing a contract in an amount up to $1,382,533 through the Texas Weatherization Assistance Program, a reimbursement program provided by the Texas Department of Housing and Community Affairs (TDHCA); and WHEREAS, TDHCA split the initial grant amount to ensure proper administration of the program prior to releasing all of the funding; and WHEREAS, TDHCA has proposed an amendment to the original contract, substantially in the form attached hereto as Exhibit "A," to increase the amount of grant funding from $750,728 to $1,506,338; and WHEREAS, the amendment must be executed by the City; 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 the documents amending the contract with TDHCA for participation in the Texas Weatherization Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. - Mayor Becky Ames - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER. 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042) SECTION 1. PARTIES TO CONTRACT This contract (hereinafter "Contract") is made by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas (hereinafter the "Department") and City of Beaumont (hereinafter the "Subrecipient"). The term of this Contract shall be for the period identified under Attachment A — Budget and Performance Document (hereinafter the"Attachment A"). SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011 (hereinafter the"Contract Term"). SECTION 3. DESIGNATED CONTRACTOR CONTACTS Subrecipient shall designate, in writing, at the time Subrecipient executes this Contract, one or more responsible and qualified individuals as points of contact with the Department to maintain a flow of current information relating to the receipt,deployment,reporting,management and use of funds received under this Contract. SECTION 4. SUBRECIPIENT PERFORMANCE Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Weatherization Assistance Program (WAP) in accordance with the budget described in Attachment A of this Contract. Subrecipient shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in the dwellings of low-income persons. WAP services will be provided to owner occupied units as well as rental units. Priority will be given to households with elderly, persons with disabilities, households with young children that are age five (5) or younger, and/or households with a high energy burden and households with high energy consumption. Subrecipient shall implement WAP in accordance with the provisions of Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et seq.); the U.S. Department of Energy (DOE) regulations codified in 10 C.F.R. Parts 440 and 600; any applicable Office of Management and Budget (OMB) Circulars; the Texas ARRA State Plan; State weatherization regulations; Texas Administrative Code: 10 TAC §5.10—§5.20; §5.501—§5.508; §5.521-§5.532; and §5.601—§5.609. The International Residential Code; International Energy Conservation Code; or in accordance with jurisdictions authorized by State law to adopt later editions;and the terms of this Contract. SECTION 5. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the amount specified in Attachment A of this Contract. B. Department's obligations under this Contract are contingent upon the actual receipt by Department of adequate federal funds. If sufficient funds are not available, Department shall notify Subrecipient in writing within a reasonable time after such fact is determined. Department shall then terminate this Contract and will not be liable for the failure to make any payment to Subrecipient under this Contract. Funding of the full contract is contingent upon federal release and adequate contractor performance on 1 st half award of this contract and 10 TAC Chapter 5 Subchapter I. C. Department is not liable for any cost incurred by Subrecipient which: (1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in 10 C.F.R.§440.22; (2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a federal, state, or local program within twelve months from the date weatherization of the dwelling unit is scheduled to be completed, Page I of 29 EXHIBIT "A" (3) is incurred to weatherize a dwelling unit previously weatherized with WAP funds, except as provided for in 10 C.F.R.§440.18(e)(2), (4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 9 of this Contract, (5) is not incurred during the Contract term; (6) is not reported to Department on a monthly ARRA expenditure report and/or a monthly ARRA performance report,within sixty(60)days of the termination of the Contract term; (7) is subject to reimbursement by a source other than Department; (8) is made in violation of any provision of this Contract or any provision of federal or state law or regulation, including,but not limited to,those enumerated in this Contract;or (9) is used for any casino or other gambling establishment,aquarium,zoo,golf course,or swimming pool. D. Subrecipient shall refund, within fifteen (15) days of Department's request, any sum of money paid to Subrecipient which Department determines has resulted in an overpayment or has not been spent in accordance with the terms of this Contract. Department may offset or withhold any amount otherwise owed to Subrecipient under this Contract against any amount owed by Subrecipient to Department arising under this or any other contract between the parties. E. The Department reserves the right to evaluate the performance and expenditures on this contract and transfer funds at the sole discretion of the Department. Underperformance under this contract may result in subsequent deobligation of funds from this contract. SECTION 6. METHOD OF PAYMENT/CASH BALANCES A. Each month, Subrecipient may request an advance payment of WAP funds under Attachment A by submitting a monthly expenditure Report to Department (through the electronic reporting system) at its offices in Travis County, Texas. Subrecipient must maintain and follow written procedures to minimize the time elapsing between the transfer of funds from Department and the disbursement of such funds by Subrecipient. B. Subrecipient's requests for advances shall be limited to the minimum amount needed to perform contractual obligations and timed to be in accordance with actual, immediate cash requirements of the Subrecipient in carrying out the purpose of this Contract. The timing and amount of cash advances shall be as close as administratively feasible, not to exceed a 30 day projection of the actual disbursements by the Subrecipient to direct program costs and the proportionate share of any allowable indirect costs. C. Subsection 4(A) notwithstanding, Department reserves the right to use a cost reimbursement method of payment for all funds if (1) Department determines that Subrecipient has maintained excess cash balances; (2) Department identifies any deficiency in the cash controls or financial management system maintained by Subrecipient; (3) Department determines that a cost reimbursement method would benefit the program; (4) Department's funding sources require the use of a cost reimbursement method; or (5) Subrecipient fails to comply with any of the reporting requirements of Section 10. D. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible recipients of the weatherization assistance program and for the payment of the allowable expenditures identified in Section 9 of this Contract. SECTION 7. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS Except as expressly modified by law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform administrative requirements set forth in the Uniform Grant and Contract Management Standards, 1 T.A.C. § 5.141 et seq. (the "Uniform Grant Management Standards"); all references therein to "local government" shall be construed to mean Subrecipient. Uniform cost principles for local governments are set forth in OMB Circular No. 87, and for non-profits in OMB Circular No. 122. Uniform administrative requirements for local governments are set forth in OMB Circular No. 102 and for non-profits in OMB Circular No. 1 10. Page 2 of 29 SECTION 8. PREVAILING WAGES AND RATES PAID TO SUBRECIPIENTS AND SUBCONTRACTORS Notwithstanding any other provision of law and in a manner consistent with other provisions of the American Recovery and Reinvestment Act of 2009, all laborers and mechanics employed by Subrecipient and subcontractors on projects funded directly by or assisted in whole or in part by and through the federal government pursuant to the American Recovery and Reinvestment Act of 2009 shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. All implementing regulations, notices, guidance and any other requirements issued by the federal government related to Subrecipient's performance under this Contract. SECTION 9. USE OF ALCOHOLIC BEVERAGES None of the funds provided under this Contract shall be used for the payment of salaries to any employee who uses alcoholic beverages while on active duty. No funds provided under this Contract shall be used for the purchase of alcoholic beverages. SECTION 10. TERMINATION AND SUSPENSION A. Department may terminate this Contract, in whole or in part, at any time Department determines that there is cause for termination. Cause for termination includes but is not limited to Subrecipient's failure to comply with any term of this Contract, the Texas Administrative Code: 10 TAC §5.17 (Sanctions and Contract Close Out), any state weatherization regulation and the WAP State Plan. Department shall notify Subrecipient in writing no less than thirty (30) days prior to the date of termination. B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend Subrecipient's performance under this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's performance. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this Contract. C. Department shall not be liable for any costs incurred by Subrecipient after termination or during the suspension of this Contract. The termination or suspension of this Contract notwithstanding, Subrecipient shall not be relieved of any liability for damages due to Department by virtue of any prior or future breach of this Contract by Subrecipient. Department may withhold any payment otherwise due to Subrecipient until such time as the exact amount of damages owed to Department by Subrecipient is determined and paid. SECTION 11. ALLOWABLE EXPENDITURES A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined in accordance with the provisions of Section 5 and the regulations set forth in 10 C.F.R. §440.18, subject to the limitations and exceptions set forth in this Section. B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this Contract for the purchase of weatherization materials. All weatherization measures installed must be listed on a DOE approved State of Texas Priority List or have an approved State of Texas Energy Audit savings-to-investment ratio (SIR) of one or greater unless otherwise indicated. Weatherization measures installed shall begin with those having the greatest SIR (on approved State of Texas Energy Audit) and proceed in descending order to the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved. Subrecipient shall weatherize eligible dwelling units using only weatherization materials which meet or exceed the standards prescribed by DOE in 10 C.F.R. Part 440, Appendix A, State of Texas adopted International Residential Code (1RC) or in accordance with jurisdictions authorized by State law to adopt later editions. Allowable WAP expenditures under Attachment A include: (1) purchase and delivery of weatherization materials as defined in 10 C.F.R.§440.3,but not to include storm doors; (2) labor costs for doors, primary windows and storm windows that will result in approved energy savings with SIR of one or greater in accordance with 10 C.F.R. §440.19; Page 3 of 29 (3) weatherization materials and labor for heating and cooling system tune ups, repairs, modification, or replacements if such will result in improved energy efficiency as demonstrated by SIR of one or better in the approved State of Texas Energy Audit and,whenever available,heating and cooling systems must have an Energy Star rating; (4) transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site and to the site of weatherization work; (5) maintenance,operation,and insurance of vehicles used to transport weatherization materials; (6) maintenance of tools and equipment; (7) purchase or lease of tools, equipment, and vehicles (purchase of vehicles must be approved in advance by Department and DOE); (8) employment of on-site supervisory personnel, (9) storage of weatherization materials,tools,and equipment; (10) incidental repairs (such as repairs to roofs, walls, floors, and other parts of a dwelling unit) if such repairs are necessary for the effective performance or preservation of weatherization measures (If incidental repairs are necessary to make the installation of the weatherization measures effective, the cost of incidental repair measures charged to WAP funds awarded under Attachment A shall not exceed the cost of weatherization measures charged to WAP funds and shall have a whole house SIR of one (1) or greater on the approved State of Texas Energy Audit.); (1 l) allowable health and safety measures;and (12) allowable base load reduction measures. Health and Safety funds not expended may be moved to the labor, materials, and program support category. These changes will require a contract action; therefore, Subrecipient must provide written notification to the Department at least 90 days prior to the end of the Contract term before these funds can be moved. C. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic expenditures and shall be allowed up to the amount outlined in Attachment A. Allowable administrative costs may include reasonable costs associated with Subrecipient's administrative personnel, travel office space, equipment, and supplies which are necessary for the administration of WAP. Administrative costs are earned based upon the allowable percentage of total allowable expenditures, excluding the allowance for Department / DOE Training Travel or special equipment purchases. Subrecipient may use any or all of the funds allowed for administrative purposes under this Contract for the purchase and delivery of weatherization materials. These changes will require a contract action; therefore, Subrecipient must provide written notification to the Department at least 90 days prior to the end of the Contract term before these funds can be moved. D. The cost of liability insurance for the weatherization program for personal injury and for property damage, not to exceed Two Thousand Dollars ($2,000.00) shall be an allowable WAP expenditure under Attachment A. Subrecipient may request in writing a waiver of the limit on liability insurance. The waiver request must provide price quotes from at least three (3) insurance carriers. If subrecipient is allowed to waive the liability insurance limit, amounts in excess of the $2,000 may be charged to the administrative or program support category. The liability insurance category has increased to enable subrecipient to purchase pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many health and safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient should review existing policies to ensure that lead is covered and if not, secure adequate coverage for all units to be weatherized. Subrecipients' insurance must cover the pollution occurrence insurance coverage for their independent contractors or the independent contractors must obtain the coverage. E. Fiscal audit expenses for the weatherization program not to exceed One Thousand Dollars ($1,000.00) shall be allowed under Attachment A,subject to Section 15. F. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling units under the direction of qualified supervisors. Page 4 of 29 SECTION 12. USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS Contractor shall not use any of the funds provided pursuant to this Contract for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United states except as provided in Section 1605 of the American Recovery and Reinvestment Act of 2009. SECTION 13. RECORD KEEPING REQUIREMENTS A. Subrecipient shall comply with the record keeping requirements set forth at 10 C.F.R. §440.24 and with such additional record keeping requirements as specified by Department. B. For each dwelling unit weatherized with funds received from WAP under this Contract, Subrecipient shall maintain a file containing the following information: (1) completed Application for Weatherization Services indicating the ages of the residents, presence in the household of children age five(5)or younger,elderly persons(60 years or older),and persons with disabilities; (2) 12 month customer billing history for utilities or consumption disclosure release form; (3) eligibility documentation (proof of income eligibility shall consist of checks, check stubs, award letters, employer statements, or other similar documents including total income and public assistance payments); no dwelling unit shall be weatherized without documentation that the dwelling unit is an eligible dwelling unit as defined in 10 C.F.R. §440.22. All proof of income must reflect earnings from within 12 months of the start date indicated on the building weatherization report (BWR). Proof of income documentation requirements are the same for both single and multifamily housing; effective January 1, 2005, all new applications must have proof of income or Declaration of Income Statement for the previous 30 days; (4) BWR to include certification of final inspection; (5) invoices of materials purchased and/or inventory removal sheets; (6) invoices of labor, (7) if a rental unit, landlord agreement form (including Exhibits A and B), landlord financial participation form and Permission to Conduct Energy Audit Form (Department form); and all other Landlord forms found in the Energy Assistance Section of the Departments website. (8) Self-help Certification(Department form),if applicable; (9) Notice of Denial(Department form),if applicable; (10) Signed and dated Building Assessment form; (11) Attic Inspection(local design allowed), (12) Wall Inspection(local design allowed), (13) Justification for Omission of Priorities(local design allowed),if applicable; (14) Documentation of pre weatherization carbon monoxide readings for all combustible appliances.; (15) Documentation of post weatherization carbon monoxide readings for all combustible appliances. (16) Blower Door Data Sheet; (17) Copy of the cover sheet, SIR page, and Suggested Repairs and Measures page for the approved State of Texas Energy Audit, (18) A complete approved State of Texas Energy Audit on disk and a disk back-up for all units weatherized (unless using computer based audit); Page 5 of 29 (19) Signed client receipt of Lead Safe Information(for homes built in 1978 or prior);and (20) Refrigerator replacement form(if applicable). C. Materials standards documentation for weatherization materials purchased under this Contract must be maintained. These standards must meet the requirements according to Appendix A of 10 CFR 440. D. Subrecipient shall give the federal and state funding agencies, the Comptroller General of the United States, and Department access to and the right to reproduce all records pertaining to this Contract. All such records shall be maintained for at least three years after final payment has been made and all other pending matters are closed. Subrecipient shall include the requirements of this Subsection in all subcontracts. E. All WAP records maintained by Subrecipient, except records made confidential by law, shall be available for inspection by the public during Subrecipient's normal business hours to the extent required by the Texas Public Information Act,TEXAS GOVERNMENT CODE ANNOTATED.Chapter 552. F. All subrecipients must conduct a full household assessment addressing all possible allowable weatherization measures. SECTION 14. REPORTING REQUIREMENTS A. On or before the fifth (5th) day of the month, Subrecipient shall electronically submit a Performance Report and Expenditure Report to the Department reporting all activities up to the last day of the previous month. These reports are due each month even if Subrecipient has no new activity to report during the month. Subrecipient must submit the first Performance Report and Expenditure Report no later than October 5, 2009 regardless of whether Subrecipient makes a fund request. B. Subrecipient shall electronically submit to Department no later than sixty (60) days after the end of the Contract term of this Contract a final expenditure and programmatic report. The failure of Subrecipient to provide a full accounting of all funds expended under this Contract may result in ineligibility to receive additional funds or additional contracts. C. Subrecipient shall submit to Department no later than sixty (60) days after the end of the Contract term an inventory of all vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or more and a useful life of more than one year, if purchased in whole or in part with funds received under this or previous weatherization assistance program contracts. The inventory shall reflect the vehicles,tools,and equipment on hand as of the last day of the Contract term. D. Subrecipient shall submit other reports, data, and information on the performance of this Contract as may be required by DOE pursuant to 10 C.F.R.§440.25,or by Department. E. If Subrecipient fails to submit, in a timely and satisfactory manner, any report or response required by this Contract, including responses to monitoring reports, Department may withhold any and all payments otherwise due or requested by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is received by Department. If the delinquent report or response is not received within forty-five (45) days of its due date, Department may suspend or terminate this Contract. If Subrecipient receives Weatherization Program funds from the Department over two or more Contracts of subsequent terms, funds may be withheld or this Contract suspended or terminated by Subrecipient's failure to submit a past due report or response (including a report of audit) from a prior Contract term. Page 6 of 29 SECTION 15. ASSISTANCE IN PREPARING REPORTS ON USE OF FUNDS Subrecipient shall track all funds under this Contract and their projected statuses separately from all other funds, and shall assist Department in preparing and filing the Department's recipient reports required by Section 1512(c) of the American Recovery and Reinvestment Act of 2009. Subrecipient shall provide to the Department, not later than five (5) calendar days after the end of each calendar quarter,the following information: A. An estimate of the number ofjobs created and the number ofjobs retained by the project or activity; B. For infrastructure investments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Contract, and the name of the person to contact, and contact information,if there are concerns with the infrastructure investment, C. The names and total compensation of the five most highly compensated officers of the entity if: (1) the recipient in its preceding fiscal year received: a. 80 percent or more of its annual gross revenues in Federal awards;and b. $25,000,000 or more in annual gross revenues from Federal awards;and (2) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986[26 U.S.C.§6104]; D. Vendor information including description of product or service,name,zip code,DUNS number,payment amount;and E. Any other information requested by the Department related to the Contract. SECTION 16. CHANGES AND AMENDMENTS Any change in the terms of this Contract required by a change in state or federal law or regulation is automatically incorporated herein effective on the date designated by such law or regulation and Subrecipient is on constructive notice of this change whether actual notice is provided. Except as otherwise specifically provided herein any other change in the terms of this Contract shall be by amendment in writing and signed by both parties to this Contract. SECTION 17. NON-BINDING GUIDANCE Department may issue non-binding guidance to explain the rules and provide directions on the terms of this Contract. SECTION 18. INDEPENDENT SUBRECIPIENT It is agreed that Department is contracting with Subrecipient as an independent contractor. Subrecipient agrees to indemnify Department against any disallowed costs or other claims, which may be asserted by any third party in connection with the services to be performed by Subrecipient under this Contract. SECTION 19. PROCUREMENT STANDARDS&SUBCONTRACTS A. Subrecipient shall develop and implement procurement procedures, which conform to the uniform administrative requirements referenced in Section 6 of this Contract. Subrecipient shall not procure supplies, equipment, materials, or services for this Contract except in accordance with its procurement procedures and the Texas Administrative Code: 10 TAC §5.10-§5.12 and §5.608. All procurement contracts, other than "small purchases" shall be in writing and shall contain the required provisions. Subrecipient must obtain advance written permission from DOE through Department before purchasing any vehicle. Subrecipient shall include language in any subcontract that provides the Department the ability to directly review, monitor, and/or audit the operational and financial performance and/or records of work performed under this Contract. B. In addition to following any applicable state or local procurement laws, Subrecipient shall timely provide the Department with an electronic version of any notice of procurement opportunity for posting on the Department's website. Page 7 of 29 C. To the maximum extent possible, subcontracts funded under this Contract shall be awarded as fixed-price contracts through the use of competitive procedures. Subrecipient shall post a summary of any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures on the federal website established pursuant to Section 1526 of the American Recovery and Reinvestment Act of 2009. D. Subrecipient shall ensure that its subcontractors comply with all applicable terms of this Contract as if the performance rendered by the subcontractor was being rendered by Subrecipient. Subrecipient shall inspect all subcontractors' work and shall be responsible for ensuring that it is completed in a good and workmanlike manner. Subrecipient shall make no payment to subcontractor until all work is complete and has passed a final inspection. E. It is the sole responsibility of Subrecipient's authorized weatherization staff to perform every initial assessment, every approved State of Texas Energy Audit, and every final inspection. In an emergency situation, Subrecipient may request in writing that the Department waive this requirement. The Department will review each request separately to determine whether a waiver will be granted, the conditions for the waiver, and the maximum time allotted for the waiver. Under no circumstances will a waiver be granted for longer than six months. Failure to strictly adhere to this policy will result in disallowed costs. SECTION 20. AUDIT A. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Contract,subject to the following conditions and limitations: (1) Subrecipients expending $500,000 or more in federal financial assistance for any fiscal year ending on or after December 31, 2003, shall have an audit made in accordance with Department's supplemental audit guide, the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq. and OMB Circular No. 133 - Revised June 27, 2003, "Audits of States, Local Governments, and Non-Profit Organizations." For purposes of this Section 15, "federal financial assistance" means assistance provided by a federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of federal financial assistance received directly from federal agencies,or indirectly through other units of state and local government. (2) Subrecipient shall utilize funds budgeted under this Contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this Contract, provided however that Department shall not make payment for the cost of such audit services until Department has received a satisfactory audit report,as determined by Department,from Subrecipient. (3) Subrecipient shall submit two (2) copies of the report of such audit to Department within thirty (30) days after the completion of the audit, and no later than nine (9) months after the end of the audit period. However, for fiscal years beginning on or before June 30, 1998, the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report or 13 months after the end of the audit period. Subrecipient shall ensure that the audit report is made available for public inspection within thirty (30) days after completion of the audit. Audits performed under this Section 16 are subject to review and resolution by Department or its authorized representative. (4) The audit report must include verification of all expenditures by budget category, in accordance with the final Monthly Expenditure Report submitted to close out the contract year. B. Subsection A notwithstanding, Subrecipients expending less than $500,000 in Federal financial assistance may arrange for the performance of an annual financial statement audit. Such audit should include verification as required in §16(A)(4). C. Subsection A notwithstanding, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records and to obtain any documents, materials, or information necessary to facilitate such audit. D. Subrecipient understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made available to Subrecipient under this Contract. Page 8 of 29 E. Subrecipient shall take such action to facilitate the performance of such audit or audits conducted pursuant to this section as Department may require of Subrecipient. F. Subrecipient shall procure audit services through an open, competitive process at least once every four years. The auditor shall retain working papers and reports for a minimum of three years after the date of issuance of the auditor's report to the auditee. Audit working papers shall be made available upon request to Department at the completion of the audit, as a part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this part. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. SECTION 21. PROPERTY MANAGEMENT A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or more and a useful life of more than one year, if purchased in whole or in part with funds received under this or previous weatherization assistance program Contracts, are not assets of either the subrecipient or the Department but are held in trust for the Weatherization Assistance Program and as such are assets of the Weatherization Assistance Program. Any equipment, tools, or vehicles having a useful life of more than one year and an acquisition cost of $5,000.00 or more per unit must receive prior approval from the Department before the purchase is made. B. Subrecipient shall develop and implement a property management system, which conforms to the uniform administrative requirements referenced in Section 6. Subrecipient shall not use, transfer, or dispose of any property acquired in whole or in part with funds provided under this or a previous weatherization assistance program contract except in accordance with its own property management system. C. Upon termination or non-renewal of this contract, the Department may transfer the title of equipment to a third party named by the Department. Such a transfer shall be subject to the following standards: 1) The equipment shall be appropriately identified in the award or otherwise made known to the recipient in writing. 2) The Department will issue disposition instructions after receipt of final inventory. D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of Five Thousand Dollars($5,000.00)or more. E. In addition to the inventory of vehicles, tools, and equipment required under Section 10, Subrecipient shall take a physical inventory of all WAP materials and shall reconcile the results with its property records at least once every year. Any differences between quantities determined by the inventory and those shown in the property records shall be investigated by Subrecipient to determine the cause of the difference. Page 9 of 29 SECTION 22. INSURANCE REQUIREMENTS Subrecipient shall maintain adequate personal injury and property damage liability insurance or, if Subrecipient is a unit of local government, shall maintain sufficient reserves to protect against the hazards arising out of or in connection with the performance of this Contract. Subrecipient may obtain pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many health and safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient shall review existing policies to ensure that lead contamination is covered and if not, secure adequate coverage for all units to be weatherized. Additional liability insurance costs may be paid from administrative or program support categories. The Department strongly recommends the Subrecipient require their contractors to carry pollution occurrence insurance to avoid being liable for any mistakes the contractors may make. Each agency should get a legal opinion regarding the best course to take for implementing the pollution occurrence insurance coverage. If Subrecipient is not a unit of local government, Subrecipient shall provide Department with certificates of insurance evidencing Subrecipient's current and effective insurance coverage. Subrecipient agrees to notify the Department immediately upon receipt of notification of the termination, cancellation, expiration, or modification of any insurance coverage or required policy endorsements. Subrecipient agrees to suspend the performance of all work performed under this Contract until Subrecipient satisfies the coverage requirements and obtains the policy endorsements, and has delivered to Department certificates of insurance evidencing that such coverage and policy endorsements are current and effective, and has been notified by Department that such performance of the work under this Contract may recommence. Subrecipients must also require all contracting independent subcontractors to have general liability insurance. Subrecipients' insurance must cover the pollution occurrence insurance coverage for their independent subcontractors or the independent subcontractors must obtain the coverage. SECTION 23. LITIGATION AND CLAIMS Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such action or claim. SECTION 24. TECHNICAL ASSISTANCE AND MONITORING Department or its designee may conduct periodic technical assistance visits, desk and on-site monitoring to evaluate the efficiency, economy, and effectiveness of Subrecipient's performance of this Contract. Department will advise Subrecipient in writing of any deficiencies noted during such monitoring. Department may provide technical assistance to Subrecipient and may require changes in Subrecipient's accounting, personnel, procurement, and management procedures in order to correct any deficiencies noted. Subrecipient may be required by Department to return to dwelling units to correct identified problems. Department may further review and assess the efforts Subrecipient has made to correct previously noted deficiencies. Department may withhold funds, place Subrecipient on a cost reimbursement basis, deobligate funds, suspend performance, terminate this Contract, or invoke other remedies in the event monitoring reveals material deficiencies in Subrecipient's performance or if Subrecipient fails to correct any deficiency within a reasonable period of time. SECTION 25. LEGAL AUTHORITY A. Subrecipient represents that it possesses the practical ability and the legal authority to enter into this Contract, receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to perform under this Contract. B. The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has been authorized by Subrecipient to execute this Contract on behalf of Subrecipient and to bind Subrecipient to all terms herein set forth. C. Department shall have the right to suspend or terminate this Contract if there is a dispute as to the legal authority of either Subrecipient or the person signing this Contract to enter into this Contract or to render performances hereunder. Should such suspension or termination occur, subrecipient is liable to Department for any money it has received for performance of the provisions of this Contract. Page 10 of 29 SECTION 26. PREVENTION OF FRAUD AND ABUSE A. Subrecipient shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective management of all program and fiscal activities funded by this Contract. Subrecipient's internal control systems and all transactions and other significant events must be clearly documented and the documentation made readily available for review by Department. B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the weatherization program. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of any identified instances of waste,fraud,or abuse. C. Department will notify the funding source upon identification of possible instances of waste, fraud, and abuse or other serious deficiencies. D. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this Contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is made in good faith. SECTION 27. HB 1196 CERTIFICATION Subrecipient / Local Operator certifies that it, or a branch, division, or department of Subrecipient / Local Operator does not and will not knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient / Local Operator, or a branch, division, or department of Subrecipient / Local Operator is convicted of a violation under 8 U.S.C. Section 1324a, Subrecipient / Local Operator shall repay the public subsidy with interest, at a rate of 5% per annum, not later than the 120th day after the date TDHCA notifies Subrecipient/Local Operator of the violation. SECTION 28. SB 608 CERTIFICATION Under Section 2261.053, Texas Government Code, Subrecipient / Local Operator certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. SECTION 29. CONFLICT OF INTEREST/NEPOTISM A. Subrecipient represents that neither it nor any member of its governing body presently has any interest or shall acquire any interest in, directly or indirectly, which would conflict with the performance of this Contract and that no person having such interest shall be employed by Subrecipient or appointed as a member of Subrecipient's governing body. B. Subrecipient shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family,business or other ties. C. Subrecipient agrees that it will comply with TEX. GOVT CODE ANN. Chapter 573 by ensuring that no officer, employee, or member of the goveming body of Subrecipient shall vote for or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the goveming body or to any officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to the election or appointment of the officer,employee,or governing body member related to such person in the prohibited degree. Page 11 of 29 SECTION 30. POLITICAL ACTIVITY AND LOBBYING PROHIBITED A. None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Subrecipient from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Texas, or the government of the United States. C. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Contract, Subrecipient shall complete and submit a Certification Regarding Lobbying form in accordance with its instructions. No state funds may be given to persons who are required to register under TX GOVT CODE ANN.305. D. None of the funds provided under this Contract shall be paid to any official or employee who violates any of the provisions of this section. SECTION 31. REQUIREMENT TO POST NOTICE OF WHISTLEBLOWER RIGHTS AND REMEDIES Any employer receiving funds under this Contract shall post notice of the rights and remedies afforded whistleblowers under Section 1553 ofthe American Recovery and Reinvestment Act of2009. SECTION 32. NON-DISCRIMINATION AND EQUAL OPPORTUNITY No person shall on the ground(s) of race, color, religion, sex, national origin, age, disability, political affiliation or belies be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this Contract. SECTION 33. JOB POSTINGS ON WORKINTEXAS.COM Subrecipient must post all of their Contract-related job opportunities on the Workintexas.com website. SECTION 34. SPECIAL COMPLIANCE PROVISIONS Subrecipient shall comply with the requirements of all applicable laws and regulations, including those specified in 10 C.F.R.Part 600. SECTION 35. TRAINING AND TECHNICAL ASSISTANCE FUNDS A. Training and technical assistance funds shall be used for State sponsored, DOE sponsored, and other relevant workshops and conferences provided the agenda includes topics directly related to administering WAP in accordance with the Texas Administrative Code: 10 TAC §5.532. For Training and Technical Assistance other than State or DOE sponsored Subrecipient must receive prior written approval from the Department. B. Allowable travel costs under this Contract shall be determined in accordance with OMB Circulars A-122 or A-87, as applicable, any Department Issuance on travel, and with Subrecipient's written travel policy. Subrecipient's written travel policy shall delineate the rates which Subrecipient shall use in computing the travel and per diem expenses of its board members and employees. Prior to incurring any costs for travel, Subrecipient must provide Department with a copy of its travel policy and evidence that such policy has been approved by Subrecipient's governing body. If Subrecipient has no established written travel policy, the travel regulations applicable to Department employees shall apply. C. Department may, from time to time, provide funds in this category that are for the sole purpose of purchasing designated weatherization equipment. Page 12 of 29 SECTION 36. NL41NTENANCE OF EFFORT Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source, nor may they in any way serve to reduce the funds or resources, which would have been available to or provided through Subrecipient,had this Contract never been executed. SECTION 37. DEBARRED AND SUSPENDED PARTIES (1)Subrecipient must not make any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension and 45 CFR Part 76." (2)Subrecipient certifies that neither it or its principles is presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (3)Where Subrecipient is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Contract. (4)Subrecipient shall include in any subcontracts that failure to adequately perform under this Contract may result in penalties up to and including Debarment from performing additional work for the Department. SECTION 38. NO WAIVER No right or remedy given to Department by this Contract shall preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time. SECTION 39. PRIOR ORAL AND WRITTEN AGREEMENTS All prior oral or written agreements between the parties hereto relating to the subject matter of this Contract have been reduced to writing and are contained herein. SECTION 40. LEGAL USE OF FUNDS CERTIFICATION Subrecipient hereby certifies, as a condition to receiving funds from the Department under this Contract, that the funds will be used in accordance with state and federal laws. SECTION 41. COMMENCEMENT OF ACTIVITY Prior to the commencement of any home related weatherization expenditures, Subrecipients must attend the September, 2009 Weatherization 101 training conducted by the Department. SECTION 42. SEVERABILITY If any portion of this Contract is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain valid and binding. Page 13 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA4 81.042) AMENDMENT NUMBER: 1 SECTION 1. PARTIES TO CONTRACT The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and City of Beaumont (hereinafter the "Subrecipient") do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number 16090000702("Contract"). SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011 (hereinafter the"Contract Term"). SECTION 3. The Contract is amended by deleting the current Attachment A — Budget and Performance Document in it's entirety and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this Amendment. SECTION 4. AGREEMENT The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this amendment. In the event any conflict in terms exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 5. This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs. SECTION 6. By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns. Page 14 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITI'AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042) AMENDMENT NUMBER: 2 ATTACHMENT A-BUDGET AND PERFORMANCE DOCUMENT SUBRECIPIENT NAME: City of Beaumont DEPARTMENT FINANCIAL OBLIGATIONS $1,382,533.00 ARRA FUNDS CURRENTLY AVAILABLE $123,805.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $1,382,533.00 TOTAL ANTICIPATED ARRA FUNDS $123,805.00 TOTAL ANTICIPATED TRAINING&TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current contract term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS CATEGORIES DEPARTMENT SHARE 2 Administration $69,127.00 3 Liability/Pollution Occurrence Insurance $9,246.00 Fiscal Audit $2,000.00 Materials/Program Support/Labor $ 1,041,728.00 4 Health and Safety $260,432.00 SUB-TOTAL $ 1,382,533.00 5 Training and Technical Assistance $123,805.00 TOTAL $11506,338.00 Page 15 of 29 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: Denotes that the subrecipient must request in writing any adjustment needed to a budget category before TDHCA will make any adjustments to the budget categories. The only categories that can be reduced are the Administration, Insurance, Fiscal Audit and/or in the Health and Safety categories. Subrecipients are limited to two (2) requested budget revisions during the current contract tern. Only those written request(s) from the Subrecipients received at least 120 days prior to the end of the contract term (by April 30, 2011) will be reviewed. TDHCA may decline to review written requests received during the final 90 days of the contract term. z Denotes maximum for administration based on 5.00% of the total allowable expenditures excluding travel for training. Administration for 2nd 50% of funds will be held until receipt of DOE approval of State requirements detailed in Weatherization Program Notice 10-5. 3 Denotes$4,000 for liability insurance and the remaining balance for pollution occurrence insurance. 4 Denotes the maximum allowed for Health and Safety expenditures. s Department approved training/travel only. PERFORMANCE Subrecipient's service area consists of the following Texas counties: JEFFERSON Subrecipient's service area consists of the following Texas cities: BEAUMONT Subrecipient shall provide weatherization program services sufficient to expend the contract funds during the contract term. ARRA costs per unit, excluding health and safety expenses, shall not exceed $6,500.00 without prior written approval from the Department. By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein. This Contract shall be binding upon the parties hereto and their respective successors and assigns. Effective Date of Budget: 09/04/2009 Page 16 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA*81.042) AMENDMENT NUMBER: 1 SECTION 1. PARTIES TO CONTRACT The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and City of Beaumont (hereinafter the "Subrecipient") do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number 16090000702("Contract"). SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011 (hereinafter the"Contract Term"). SECTION 3. The Contract is amended by adding Attachment B — DAVIS BACON ACT; adding Attachment C — SECTION 43. HISTORIC PRESERVATION, and Revising SECTION 13. RECORD KEEPING REQUIREMENTS to add item "G. Subrecipients must provide Program applications, forms and educational materials in English, Spanish and any other appropriate language." as identified in its entitrety in Attachment D — SECTION 13. RECORD KEEPING REQUIREMENTS as attached to this Amendment. SECTION 4. AGREEMENT The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this amendment. In the event any conflict in terms exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 5. This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs. SECTION 6. By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: City of Beaumont By: Date Signed: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Date Signed: Page 17 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042) AMENDMENT NUMBER: I ATTACHMENT B-DAVIS BACON ACT SUBRECIPIENT NAME: City of Beaumont Prescription: Include for ARRA Awards when WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT("RECOVERY ACT")Clauses are required. CLAUSE XX. DAVIS BACON ACT REQUIREMENTS A. Definitions. For purposes of this Clause, Clause XX, Contract Work Hours and Safety Standards Act, and Clause XX, Recipient Functions,the following definitions are applicable: (1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement to comply with the labor standards Clauses and wage rate requirement of the Davis-Bacon Act (DBA) for work performed by all laborers and mechanics employed by Subrecipients, Contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act. (2) "Construction, alteration or repair" means all types of work done by laborers and mechanics employed by the Subrecipient, construction contractor or construction subcontractor on a particular building or work at the site thereof,including without limitation– (a) Altering,remodeling,installation(if appropriate)on the site of the work of items fabricated off-site; (b) Painting and decorating,or (c) Manufacturing or furnishing of materials,articles,supplies,or equipment on the site of the building or work. (3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall include subcontracts and lower-tier subcontracts under the Contract. (4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is responsible for the business management and non-program aspects of the financial assistance process. (5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include subcontractors and lower-tier subcontractors. (6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant directly from the Federal Government. The term includes the State that receives an Award from DOE and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (7) "Site of the work"-- (a) Means-- (i) The physical place or places where the construction called for in the Award, Subaward, or Contract will remain when work on it is completed,and (ii) Any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the project; (b) Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants, mobile factories,batch plants,borrow pits,job headquarters,tool yards,etc.,provided— (1) They are dedicated exclusively,or nearly so,to performance of the project;and Page 18 of 29 (2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or (7)(a)(ii)of this definition;and (c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the project site as defined in paragraphs (7)(a)(i) or (7)(a)(ii) of this definition, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may b dedicated exclusively or nearly so, to the performance of an Award, Subaward, or Contract. (8) Subaward means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower-tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of"Award"above. (9) Subrecipient means a non-Federal entity that expends Federal awards received from a pass-through entity [Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. The term includes a Community Action Agency (CAA), local agency, or other entity to which a Subaward under the Award is made by a Recipient that includes a requirement to comply with the labor standards clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant of the Recovery Act. B.Davis Bacon Act (1)(a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached to the Subaward or Contract ad made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and mechanics. (i) Applicable to recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify the Contracting Officer of the site of the work in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (b)Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of paragraph 13(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such period. (c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. I Page 19 of 29 (d)The wage determination (including any additional classifications and wage rates conformed under paragraph B(2) of this Clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Subrecipient and Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2)(a)The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Subaward or Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate ad fringe benefits therefore only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bear a reasonable relationship to the wage rates contained in the wage determination. (b)If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the classification (if known), or their representatives agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S.Department of Labor Washington,DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary, (c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed in the classification, or their representatives, do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (d)The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs B(2)(b) or B(2)(c) of this Clause shall be paid to all workers performing work in the classification under the Award, Subaward,or Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Subrecipient and Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the Subrecipient or Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Subrecipient or Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page 20 of 29 C.Rates of Wages (1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality,are included as an attachment to the Award,Subaward,or Contract. (2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. D.Payrolls and Basic Records (1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker his or her correct classification, hourly rates of wages paid( including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described section l(b)(2)(B) of the Davis-Bacon Act), daily ad weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled David-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2XB) of the Davis-Bacon Act, the Subrecipient or Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Subrecipient or Contractor employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2)(a)The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph D(1) of this Clause, except that the full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http;//www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. (b)The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and Contractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of the Department of Labor for purposes of a investigation or audit of compliance with prevailing wage requirements. The Recipient shall also obtain and provide the full social security number and current address of each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own records,without weekly submission to the Contracting Officer. (c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Recipient, Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed under the Subaward or Contract and shall certify— Page 21 of 29 (i) That the payroll for the payroll period contains the information required to be maintained under paragraph D(2)(a) of this Clause, the appropriate information is being maintained under paragraph D(1) of this Clause,and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward or Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other that permissible deductions as set forth in the Regulations,29 CFR Part 3;and (iii)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Subaward or Contract. (d)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph D(2)(c)of this Clause. (e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Recipient, Subrecipeint, or Contractor shall make the records required under paragraph D(1) of this Clause available for inspection, copying, or transcription by the Contracting Officer, authorized representatives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Recipient, Subrecipient, or Contractor frails to submit the require records or to make them available, the Contracting Officer may after written notice to the Recipient, Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. E.Withholding offunds (1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to Davis-Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Page 22 of 29 (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased or the Government may cause the suspension of any further payment under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally assisted Award subject to Davis-Bacon prevailing wage requirements, which is held by the same Subrecipient or Contractor. F.Apprentices and Trainees (1) Apprentices. (a)An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed- (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS;or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. (b)The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered program. (c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph F(1) of this Clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (d)Where a Subrecipient or Contractor is performing construction on a project in a locality other than in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Subrecipient's or Contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (e)Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Page 23 of 29 (2) Trainees (a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (b)Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefit in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefit listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (c) In the event OATELs withdraws approval of a training program, the Subrecipient or Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this Clause shall be in conformity with the equal employment opportunity requirement of Executive Order 11246, as amended, and 29 CFR Part 30. G.Compliance with Copeland Act Requirements The Recipient, Subrecipient or Contractor shall comply with the requirement of 29 CFR Part 3 which are hereby incorporated by reference in the Award,Subaward or Contract. H.Subawards and Contracts (1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled "Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require. The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirement contained in this Clause. The Subrecipient shall be responsible for the compliance by Contractor with all of the requirements contained in this Clause. (2) Within 14 days after issuance of a Subaward,the Recipient shall deliver to the Contracting Officer a completed Standard Form(SF)1413,Statement and Acknowledgment,for each Subaward and Contract for construction within the United States,including the Subrecipient's and Contractor's signed and dated acknowledgment that this Clause)has been included in the Subaward and any Contracts. The SF 1413 is available from the Contracting Officer or at htto//contacts gsa gov/webforms nsf/0/70B4872D16EE95A785256A26004F7EA8/$file/sfl413 e.pdf. Within 14 days after issuance of a Contractor lower-tier subcontract,the Subrecipient shall deliver to the Recipient a completed Standard Form(SF)1413,Statement and Acknowledgment,for each Contract and lower- tier subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and lower-tier subcontract. SF1413 is available from the Contracting Officer or at http//contact gsa gov/webforms nsf/0/7OB4872Dl6EE95A785256A26004F7EA8/$file/sfl4l3 e.pdf. The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms(SF) 1413. 1.Contract Termination--Debarment Page 24 of 29 A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR 5.12. J.Compliance with Davis-Bacon and Related Act Regulations All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in the Award,Subaward or Contract. K Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and shall not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract. Disputes within the meaning of the Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the Department of Energy,the U.S.Department of Labor,or the employees or their representatives. L.Certification of Eligibility (1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor, respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient, Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded Government contracts or Government awards by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of a Government contract or Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S.Criminal Code,18 U.S.C. 1001. M.Approval of Wage Rates All straight time wage rates, and overtive rates based thereon, for laborers and mechanics engaged in work under an Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a respresentative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination included in the Award, Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked. CLAUSE XXX. Contract Work Hours and Safety Standards Act This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, the terms laborers ad mechanics include watchmen and guards. A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Page 25 of 29 B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the Clause set forth in paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a Subaward or Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provision set forth in CWSSHA paragraph A, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(A)of this section. C. Withholding for unpaid wages and liquidated damages. (1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on any other federally assisted Award or contract subject to the CWHSSA, which is held by the same Recipient such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages ad liquidated damages as provided in the clause set forth in CWHSSA,paragraph B of this Clause. (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause from any moneys payable on account of work performed by the Subrecipient or Contractor on this or any other federally assisted subaward or contract subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as provided in clause set forth in CWHSSA,paragraph B of this Clause. Page 26 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042) AMENDMENT NUMBER: I ATTACHMENT C-HISTORIC PRESERVATION SUBRECIPIENT NAME: City of Beaumont SECTION 43. HISTORICAL PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site,the Subrecipient is required to comply with the requirements of Section 106 of 16 U.S.C.470 the National Historic Preservation Act(NHPA). The Department has provided guidance through the Memorandum of Understanding with the Texas Historical Commission posted on the Department website. Page 27 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042) AMENDMENT NUMBER: 1 ATTACHMENT D-SECTION 13.RECORD KEEPING REQUIREMENTS SUBRECIPIENT NAME: City of Beaumont SECTION 13. RECORD KEEPING REQUIREMENTS G. Subrecipients must provide program applications, forms and eductional materials in English, Spanish and any other appropriate language. Page 28 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA4 81.042) AMENDMENT NUMBER: 2 SECTION 1. PARTIES TO CONTRACT The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and City of Beaumont (hereinafter the "Subrecipient") do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number 16090000702("Contract"). SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011 (hereinafter the"Contract Term"). SECTION 3. The Contract is amended by deleting the current Attachment A — Budget and Performance Document in it's entirety and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this Amendment. Attachment A-Budget and Performance Document is being amended to include the 2nd year disbursement. SECTION 4. AGREEMENT The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this amendment. In the event any conflict in terms exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 5. This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs. SECTION 6. By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: City of Beaumont By: Date Signed: �I Page 29 of 29 3 July 27, 2010 Consider authorizing the City Manager to approve a contract for the Frint Road Lift Station Rehabilitation Project RICH WITH OPPORTUNITY IIEA,[11�1011 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Karin Warren, "Interim" Water Utilities Director MEETING DATE: July 27, 2010 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Frint Road Lift Station Rehabilitation Project. RECOMMENDATION Administration recommends approval of a contract with Placo, Ltd. of Lumberton, Texas, in the amount of$667,876.37 to furnish all labor, materials, and equipment to demolish an existing lift station and to construct a new lift station, furnish and install a radio antenna for SCADA communications, and install 630 ft. of sanitary sewer force main and related appurtenances. The project was designed by Schaumburg& Polk with an estimated project cost of$665,000. The MBE participation will be with Rural Pipe & Supply ($114,385.70), Cardinal Fence ($11,387.00), and T. Gray Utility and Rehab ($21,420.00) for a total amount of$147,192.70, which represents 22 percent of the total bid. BACKGROUND The existing lift station was built in the 1970's . The lift station size and capacity are in need of upgrades due to increase flows from development in the service area; including Ford Park. The proposed lift station will provide the customers in the vicinity with uninterrupted service for existing and future growth. The proposed lift station site will be located adjacent to the existing lift station. This Contract is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. CITY OF BEAUMONT P 1 a c o , Ltd . SCHEDULE OF MBE PARTICIPATION NAME CERTIFIED MBE ADDRESS CONTRACTOR. TYPE OF WORK AGREED PRICE Rural Pipe '& Supply P.O . Box 1540 Jasper , � TX 75951 Material Supplier Kamp ' s Junction , Inc . 5020 Fannett Rd , P1 in $ 114 , 385 . 70 dba : Cardinal Fence Beaumont , TX 77705 Fencing 11 , 387 . 00 T.Gray Utility & Reha P.O .Box 924125 Houston , TX 77292 Pipebursting 21 420 . 00 The undersigned will enter Into a formal agreement with MBE Contractors forwork listed in this schedule conditioned contract with the City of Beaumont. boned upon execution of a NOTE: 1. This schedule should be submitted with your bid. SIGNATURE J hn R . Plake , III TITLE Owner 48 BID TABULATION CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS FRINT ROAD LIFT STATION REHABILITATION BID OPENING DATE: THURSDAY,JULY 8,2010 Placo,Ltd. Allen S.S.Haren Company R&D Group Post Office Box 8120 6720 College Street 1175 Highway 11,North 1213 North,Durham Road 11939 Leatherwood Post Office Box 3684 Athens,TN 37303 Houston,Texas 77008 Item Qty Unit Description Lumberton,Texas 77657-0120 Beaumont,Texas 77704 423.745.5000p 423.745.5252 f 713.862.5800 p 713.862.5807 f 409.755.3878 p 409.755.3667 f 409.860.4459 409.860.3857 f Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 1. 1 LS Mobilization,including payment bond,performance bond,insurance, $16,832.24 $16,832.24 $15,000.00 $15,000.00 $18,000.00 $18,000.00 $15,000.00 $15,000.00 erection of field office and moving equipment to project,all in strict conformance with plans and specifications;NOT TO EXCEED 3% _Or TOTAL PROJECT BID for 2. 1 LS Provide clearing and grubbing of the lift station site in preparation $9,212.59 $9,212.59 $9,000.00 $9,000.00 $2,000.00 $2,000.00 $10,000.00 $10,000.00 for construction, including removal of disposal of all debris all in strict accordance with the plans and specifications for, 3. LT Furnish all labor, materials and equipment to construct a New $166,897.06 $166,897.06 $239,000.00 $239,000.00 $418,090.00 $418,090.00 $330,000.00 $330,000.00 Lift Station,including new submersible pumps,excavation,backfill, compaction,10'by 12'wet well,RC bottom and top slabs,RC heade piping slab, hatches, piping, valves, fittings, painting, influent line connections, and all necessary appurtenances to make the station complete and operable, all in strict accordance with the plans and specifications for, 4. 1 LS Furnish all labor, material and equipment for proposed Site $33,758.82 $33,758.82 $51,000.00 $51,0'00.00 $15,000.00 $15,000.00 $40,000.00 $40,000.00 Improvements including removing existing fence in front of the lift station site,a new chain link fence and chain link gate,new limeston driveway and parking area, install new water line including water faucet and backflow preventer, water service line, water meter, connection to existing water line, grading, Storm Water Pollution Prevention Implementation all in strict accordance with the plans and specifications for, 5. 1 LS Furnish all labor,material and equipment to construct a 10'x 12' $78,889.39 $78,889.39 $79,000.00 $79,000.00 $50,000.00 $50,000.00 $75,000.00 $75,000.00 pre-fabricated concrete control building including excavation and backfill RC foundation,structural steel platform including RC piers, electrical appurtenances,air conditioning,trim,and interior painting, all in strict accordance with the plans and specifications for, G. 1 -Es--Furnish all labor materials and equipment to construct new $128,275.43 $128,275.43 $81,000.00 $81,000.00 $52,000.00 $52,000.00 $100,000.00 $100,000.00 electrical underground service, service equipment, manual transfer switch, standby generator receptacle, lightning protection system, motor control center,site and control building lighting,wiring PLC programming devices,outlet and junction boxes,duct banks,conduit, conductors all in strict accordance with the plans and specification for, r xlsBid Tabulation Z D—1 BID TABULATION CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS FRINT ROAD LIFT STATION REHABILITATION 'RU)1)Pl,',NTNG DATE: TITURSDAY,JULY 8,2010 Placo,Ltd. Allco J.S.IIaren Company R&B Group Post Office Box 8120 6720 College Street 1175 Highway 11,North 1213 North Durham Road 13939 Leatherwood Post Office Box 3684 Athens,TN 37303 ITouston,Texas 77008 ]ten! ! ! ly Unit. Description Lumberton,Texas 77657-0120 Beaumont,Texas 77704 423.745.5000p 423.745.5252 f 713.862.5800 p 713.862.5807 f 409.755.3878 p 409.755.3667 f 409.860.4459 409.860.3857 f Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 7. 160 LP Furnish and Install 10" PVC SDR-26 (PR-160 pressure pipe) $80.66 $12,905.60 $185.00 $29,600.00 $50.00 $8,000.00 $134.00 $21,440.00 i Sanitary Sewer Force Main, all depths, including embedment, backfill, compaction, surface restoration, fittings, testing, thrust blocking, connection to exisitng force main, ARV tap on existing force main and detector tape labeled "PRESSURIZE WASTEWATER" all in strict accordance with the plans and specifications for, 8. 15 LP Furnish and Install 18" PVC PS-115 Gravity sewer from the $221.21 $9,954.45 $246.00 $11,070.00 $100.00 $4,500.00 $410.00 $18,450.00 Proposed manhole to the NEW WET WELL installed in trench outside pavement,complete in place,all depths,including excavation, embedment, backfill, compaction, fittings, testing, and surface restoration,all in strict accordance with the plans and specification for, 9. 1 13A Proposed 48"diameter fiberglass manhole all depths,complete in $8,477,63 $8,477.63 $4,900.00 $4,900.00 $3;000.00=$3,000.00 r$7 .00 $7,49000 place, all. excavation, backfill, concrete, ring and locking cover, stainless steel rain stopper(insert)and testing,all in strict accordanc with plans ands ecifications for, 10. 90 D' burnish all labor, materials and equipment to abandon in plac $45.60 $4,104.00 $31.00 $2,790.00 $Moo $900.00 $1,800.00 existing 18" sanitary sewer line by plugging and filling with self leveling Plowable grout, all in strict accordance with the plans and _ specifications for, 1 I LS Furnish all labor, materials and equipment to abandon in place $13,696.96 -$5,000.00 $5,000.00 $4,000.00 $4,000.00 $20,000.00 $20,000.00 the existing lift station,including demolishing the top slab of the lifl station, pressure washing and cleaning out the wet well prior to backfilling, removing and disposing off all items exisitng item contained in the dry pit including pumps, ducts, piipng, valves, compressors, structural steel, ladders, all electrical controls and instrumentation,etc,hauling off all materials removed from the wet well, backfilling, seeding, removing exisitng fence all in strict accordance with the plans and specifications for, 12. 1 LLO Allowance-Electrical Service installation charges by Entergy and $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35;000.00 $35,000.00 $35,000.00 lightning protection review of electrical equipment installation b Bonded Systems,Ltd.or approved equivalent. 'abulatim Page 2 BID TABULATION CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS FRINT ROAD LIFT STATION REHABILITATION BID OPENING DATE: THURSDAY,JULY 8,2010 � P1aco,Ltd. Allco J.S.Haren Company R&B Group Post Office Box 8120 6720 College Street 1175 Highway 11,North 1213 North Durham Road 11939 Leatherwood Post Office Box 3684 Athens,TN 37303 Houston,Texas 77008 Item Qly Unit Description Lumberton,Texas 77657-0120 Beaumont,Texas 77704 423.745.5000p 423.745.5252 f 713.862.5800 p 713.862.5807 f 409.755.3878 409.755.3667 f 409.860.4459 p 409.860.3857 f Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Ttem Total °13. �I LS Provide ALL BYPASS PUMPING, as required to maintain sewei $14,088.04 $14,088.04 $5,000.00 $5,000.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 flows and provide for proper work conditions,including all necessary 'I equipment,labor,and materials all in accordance with the plans and specifications for, 2,100 S l' Special shoring,as required for trench safety,furnished and installed, $1.86 $3,906.00 $0.01 P,000$21.00 $0.10 $210.00 $1.00 $2,100.00 complete in place, all irr strict accordance with the plans and _ specifications for, 15. 1 50 LF Trench Safety System,trench safety protection for all excavation $11.17 $558.50 $20.00 .00 $10.00 $500.00 $2.00 $100.00 over five-feet deep,designed,furnished and installed,complete and in place,including shoring,trench boxes,or other approved means and ways in strict accordance with plans andspecifications for, 1 Ci. I LS Trench Safety Plan,in accordance with Specification Item No.712 $1,500.00 $1,500.00 $500.00 $500.00 $800.00 $800.00 $1,500.00 $1,500.00 as prepared and sealed by a Texas Registered Engineer, including required geotechnical engineering soils report,all in strict accordant with plans and specifications for, ?. 2`.)0 TON Additional Class I embedment for wet trench constriction, as $36.87 $7,374.00 $33.00 $6,600.00 $10.00 $2,000.00 $30,00 $6,000.00 directed by the Engineer (but not included in other bid items), furnished and installed, complete in place, all in strict accordant with the plans andspecifications for, S. 200 TON Additional Cement stabilized sand,1-1/2 sacks of cement per cubic $22.35 $4,470.00 $22.00 $4,400.00 $15.00 $3,000.00 $20.00 $4,000.00 yard sand for supplemental backfll as directed by Engineer(but not included in other bid items), furnished and installed, complete in place,all in strict accordance with plans and specifications for, 19. LS Groundwater Control as approved by the engineer all in strict $11,173.82 $11,173.82 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $1,000.00 $1,000.00 accordance with the plans and specifications for, TOTAL BASE BID ITEMS $561,074.53 $584,881.00 $622,000.00 $691,380.00 bulation Page 3 BID TABULATION CITY OF BE,AUMONT JEFFERSON COUNTY,TEXAS RUNT ROAD LIFT STATION REI�ABILITATION 131.1➢OPENING DATE: THURSDAY,JULY 8,207.0 RUNT Placo,Ltd. Allco J.S.I-Iaren Companq R&B Group Post Office Box 8120 6720 College Street 1175 Highway 11,North 11939 Leatherwood g Y 1213 North Dnrliam Road Ite a Unit Post Office Box 3684 Athens,TN 37303 Houston,Texas 77008 Q Y Description Lumberton,Texas 77657-0120 Beaumont,Texas 77704 423.745.5000p 423.745.5252 f 713.862.5800 p 713.862.5807 f 409.755.3878 p 409.755.3667 f 409.860.4459 p 409.860.3857f 7 7 Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total >l'1'fvE T31D ITEMS LS burnish all labor,material and equipment to install the radio,radio $55,209.72 $55,209.72 $56,000.00 communications antenna, antenna tower foundation, 80 ft. tall $56,000.00 $44,000.00 $44,000.00 $25,000.00 $25,000.00 antenna, coaxial cable, concrete-encased conduit from control building to tower, conduit riser at tower and all appurtenance required to make the radio tower complete and operable,all in strict accordance with the plans and specifications for, 156 U fumish all labor,material and equipment to remove and replace the $89.43 $13,951.08 existing ductile iron force main along the bridge with new 10"CL350 $176.00 $27,456.00 $24,500.00 $3,822,000.00 $240.00 $37,440.00 DI force main including removal and disposal of the exciting fort main, attachment to the bridge using the existing brackets, new SS "U"bolts,surface prepration,painting,testing and connection to the cxisiing force main all in strict accordance with the plans and specifications for, 3 315 LP Furnish all labor,material and equipment to rehabilitate the existing $98.25 $30,948.75 0" diameter force main by pipe bursting with 10" SDR-11 HDP $96.00 $30,240.00 $26,500.00 $8,347,500.00 $73.00 $22,995.00 Pipe, complete in place, all depths, including connection to the existing manhole, connection to the existing force main, surface restoration, testing and necessary appurtenances, all in strict accordance with plans and specifications for. 1 LS Provide ALL 13YPASS PUMPING for ADDITIVE ITEMS 2_&3, $6,692.29 as required to maintain sewer flows and provide for proper work $6,692.29 $5,000.00 $5,000.00 $2<4,000.00 $24,000.00 $7,500.00 $7,500.00 conditions,including all necessary equipment,labor,and materials all in accordance with the plans and specifications for, TOTAL ADDITIVE BID ITEMS $106,801.84 $118,696.00 $12,237,500.00 $92,935.00 TOTAL BASE BID AND ADDITIVE ITEMS $667,876.37 $703,577.00 Bonding Company YES Information $12,859,500.00 $784,315.00 S Bid Bond YES YES YES YES Bid Schedule yES YES YES YES YES YES Co orate Resolution YES YES Schedule C(MBE Partici anon YES YES YES Minority Business Utilization Commitment YES YES YES YES YES YES Qualification Statement/Financial Statement YES YES YES Acknowledge'Addendum No.I YES YES YES YES YES YES 1'lir,Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the Bids received. 'P� r % .s Signature Date •............. •.•sf.�4• fw'X MARK MANN -d • .. ftff.......... n6i11(� W 'nbulntion T. 91 819 'a 01�� r�'�t�n.'l Page 4 9}$nt5ti�.®°C'°v�,"I?��C�GAV 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 a contract with Placo, Ltd., of Lumberton, Texas, in the amount of $667,876.37 for the Frint Road Lift Station Rehabilitation Project to furnish all labor, materials, and equipment to demolish an existing lift station and to construct a new lift station, furnish and install a radio antenna for SCADA communications, and install 630 feet of sanitary sewer force main and related appurtenances. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. - Mayor Becky Ames - 4 July 27, 2010 Consider approving the purchase of one fire training trailer for use by the Fire Department RICH WITH OPPORTUNITY BEA,UMONW T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 27, 2010 REQUESTED ACTION: Council consider approving the purchase of one(1)fire training trailer for use by the Fire Department. RECOMMENDATION The Administration recommends approval of the purchase from Fire Blast, Inc., of Corona, CA, in the amount of$108,992.50. BACKGROUND The unit consists of a 53-foot semi-trailer, equipped with the necessary systems to provide live fire training for Department personnel as required for certification. The trailer unit is designed to accommodate training in a manner which will provide safety first, while permitting realistic training scenarios. Capabilities include, training in both interior and exterior fire fighting, flashover, forced entry, and search and rescue. The system is designed to meet both the minimum requirements for live fire training certification of entry level personnel as specified in NFPA 1001, as well as advanced training scenarios to provide refresher skills and meet recurrent training requirements for the veteran. The purchase is to be made directly from the manufacturer, who is the sole source vendor. BUDGETARY IMPACT Funding for this purchase is through the FEMA Assistance to Fire Fighters Grant in the amount of $80,000 with the remainder available in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) fire training trailer from Fire Blast, Inc., of Corona, California, in the amount of $108,992.50 for use by the Fire Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. - Mayor Becky Ames - WORK SESSION * Review and discuss the FY 2010 Budget and the preliminary FY 2011 Budget