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HomeMy WebLinkAboutPACKET MAR 21 2017BEAUMONT T E X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 21, 2017 1:30 P.M. CONSENT AGENDA * Approval of minutes — February 28, 2017 * Confirmation of committee appointments A) Approve a resolution opposing Senate Bill 715 B) Authorize the City Manager to execute Change Order No. 4 for the Exterior Fagade, Masonry, Roof Repairs and Restoration on the Tyrrell Historical Library located at 695 Pearl Street C) Authorize the City Manager to execute Change Order No. 5 for the New Fire Station No. 1 Project located at 1675 Caldwell D) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 6160 Delaware Street 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution opposing Senate Bill 715. BACKGROUND Senate Bill 715, currently under consideration by the Texas Senate, would drastically reduce a city's ability to annex residential, commercial, or industrial property. The City of Beaumont has approximately 30 industrial agreements with companies located in our extraterritorial jurisdiction (ETJ) and these companies will a pay a total of $17.6 million to the City in FYI 7. These payments represent about 15% of the City's general fund revenues, which are used to fund police, fire, and EMS services. The City of Beaumont is opposed to Senate Bill 715 or any similar legislation that would weaken the City's ability to annex properties that are located within our ETJ. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 85(R) SB 715 - Introduced version - Bill Text Page 1 of 11 85R6853 SCL-D By: Campbell, et al. S.B. No. 715 A BILL TO BE ENTITLED AN ACT relating to municipal annexation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 43, Local Government Code, is amended by adding Section 43.003 to read as follows: Sec. 43.003. LIMITED PURPOSE ANNEXATION GENERALLY PROHIBITED; EXCEPTION. (a) Except as provided by Section 43.0751, beginning September 1, 2017, a municipality may not annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area. (b) This section supersedes any municipal charter provision that conflicts with this section. SECTION 2. Section 43.021, Local Government Code, is amended to read as follows: Sec. 43.021. AUTHORITY OF HOME -RULE MUNICIPALITY TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A home -rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements [ ] prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and (3) exchange area with other municipalities. SECTION 3. Section 43.051, Local Government Code, is transferred to Subchapter B, Chapter 43, Local Government Code, redesignated as Section 43.0211, Local Government Code, and amended to read as follows: Sec. 43.0211 [3-051]. AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL JURISDICTION. A municipality may annex area only in the municipality's [its] extraterritorial jurisdiction unless the municipality owns the area. SECTION 4. Subchapter B, Chapter 43, Local Government Code, is amended by adding Section 43.0212 to read as follows: Sec. 43.0212. AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST OF OWNERS. (a) Notwithstanding Subchapter C or C-1, a municipality may annex an area if each owner of land in the area requests the annexation. (b) If a municipality elects to annex an area under this section, the governing body of the municipality must first negotiate and enter into a written agreement for the provision of services in the area with the owners of land in the area. The municipality is not required to provide a service that is not included in the agreement. (c) Before a municipality may annex an area under this section, the governing body of the municipality must conduct at least two public hearings. The hearings must be conducted not less than 10 business days apart. During the first public hearing, the governing body must provide persons interested in the annexation the opportunity to be heard. During the final public hearing, the governing body may adopt an ordinance annexing the area. SECTION 5. Section 43.0235(a), Local Government Code, is amended to read as follows: (a) A general -law municipality may annex an area in which 50 percent or more of the property in the area to be annexed is http://www.legis.state.tx.us/Search/DocViewer.aspx?ID=85RSB00715I B&QueryText=%22... 3/8/2017 85(R) SB 715 - Introduced version - Bill Text Page 2 of 11 primarily used for a commercial or industrial purpose only if the municipality: (1) is otherwise authorized by this chapter [subehapterl to annex the area and complies with the requirements prescribed under that authority; and (2) obtains the written consent of the owners of a majority of the property in the area to be annexed. SECTION 6. Section 43.026, Local Government Code, is amended to read as follows: Sec. 43.026. AUTHORITY OF TYPE A GENERAL -LAW MUNICIPALITY TO ANNEX AREA IT OWNS. Notwithstanding Subchapter C or C-1, the ['ire] governing body of a Type A general -law municipality by ordinance may annex area that the municipality owns. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body. SECTION 7. Section 43.027, Local Government Code, is amended to read as follows: Sec. 43.027. AUTHORITY OF GENERAL -LAW MUNICIPALITY TO ANNEX NAVIGABLE STREAM. Notwithstanding Subchapter C or C-1, the ['ire] governing body of a general -law municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction. SECTION 8. Section 43.029, Local Government Code, is amended by amending Subsection (c) and adding Subsections (d), (e), (f), and (g) to read as follows: (c) Notwithstanding Subchapter C or C-1, the [eke] board of trustees of a public school occupying the area may petition the governing body of the municipality in writing to annex the area under the procedures provided by this section. [mss apply to the-'pet-i-tran arrei -annexation t1nde,--thi:s section in the Same . - V?h+eh they apply to the pet+t+en and .,±nnexatiun2rrde + i h a, t s e t;on ] (d) The petition must describe the area by metes and bounds and must be acknowledged in the manner required for deeds by each person having an interest in the area. (e) After the 5th day but on or before the 30th day after the date the petition is filed, the governing body shall hear the petition and the arguments for and against the annexation and shall grant or refuse the petition as the governing body considers appropriate. (f) If the governing body grants the petition, the governing body by ordinance may annex the area. On the effective date of the ordinance, the area becomes a part of the municipality. (q) If the petition is granted and the ordinance is adopted, a certified copy of the ordinance together with a copy or duplicate of the petition shall be filed in the office of the county clerk of the county in which the municipality is located SECTION 9. Section 43.031, Local Government Code, is amended to read as follows: Sec. 43.031. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. Notwithstanding Subchapter C or C-1, adjacent [Adjacent] municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. SECTION 10. The heading to Subchapter C, Chapter 43, Local Government Code, is amended to read as follows: SUBCHAPTER C. ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200 [PR8eEDUrRE FGR AR -EAS vPdBHFIP4i NleipilkE ANN£^KATIeN PEANI SECTION 11. Subchapter C, Chapter 43, Local Government Code, is amended by adding Sections 43.0511 through 43.0517 to read as follows: http://www.legis.state.tx.us/Search/DocViewer.aspx?ID=85RSB007151 B&QueryText=%22... 3/8/2017 85(R) SB 715 - Introduced version - Bill Text Page 3 of 11 Sec. 43.0511. AUTHORITY TO ANNEX. A municipality may annex an area with a population of less than 200 only if the municipality obtains consent to annex the area through a petition sinned by: (1) more than 50 percent of the registered voters of the area; and (2) if the registered voters of the area do not own more than 50 percent of the land in the area, more than 50 percent of the owners of land in the area. Sec. 43.0512. RESOLUTION. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: _(1) a statement of the municipality's intent to annex the area; (2) a detailed description and map of the area to be annexed; and (3) a description of the services to be provided by the municipality in the area after the annexation, including, as applicable: (A) police protection; (B) fire protection; (C) emergency medical services; (D) solid waste collection; (E) operation and maintenance of water and wastewater facilities in the annexed area; (F) operation and maintenance of roads and streets, including road and street lighting; (G) operation and maintenance of parks, Playgrounds, and swimming pools; and (H) operation and maintenance of any other publicly owned facility, building, or service. Sec. 43.0513. NOTICE OF PROPOSED ANNEXATION. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0512, the municipality must mail to each resident in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearing required by Section 43.0514; (2) an explanation of the 60 -day petition period described by Section 43.0515; and (3) a description of the services to be provided by the municipality in the area after the annexation. Sec. 43.0514. PUBLIC HEARING. The governing body of a municipality must conduct at least one public hearing on the Proposed annexation at which members of the public are given an opportunity to be heard. The governing body must conduct the hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0512. Sec. 43.0515. PETITION. (a) The petition required by Section 43.0511 may be signed only by a registered voter of the area proposed to be annexed or an owner of land in the area The petition must provide for the person signing to state whether the person is _signing as a registered voter of the area as an owner of land in the area, or as both. (b) The municipality may collect signatures on the petition only during the period beginning on the 31st day after the date the governing body of the municipality adopts the resolution under Section 43.0512 and ending on the 90th day after the date the resolution is adopted. (c) The petition must clearly state that a person signing the petition is consenting to the proposed annexation h4://www.legis.state.tx.us/Search/DocViewer.aspx?ID=85RSB007151 B&QueryText=%22... 3/8/2017 85(R) SB 715 - Introduced version - Bill Text Page 4 of 11 (d) The petition must include a map of and describe the area proposed to be annexed. (e) The municipality must collect petition signatures in person, except that the municipality may provide for an owner of land in the area who is not a resident of the area to sign the Petition electronically. (f) Chapter 277, Election Code, applies to a petition under this section. Sec. 43.0516. RESULTS OF PETITION. (a) When the petition Period prescribed by Section 43.0515 ends, the petition shall be verified by the municipal secretary or other person responsible for verifying signatures. The municipality must notify the residents of the area proposed to be annexed of the results of the petition. (b) If the municipality does not obtain the number of signatures on the petition required to annex the area, the municipality may not annex the area and may not adopt another resolution under Section 43.0512 to annex any part of the area until the first anniversary of the date the petition period ended (c) If the municipality obtains the number of signatures on the petition required to annex the area the municipality may annex the area after: (1) providing notice under Subsection (a); (2) conducting a public hearing at which members of the public are given an opportunity to be heard; and (3) conducting a final hearing not earlier than the 10th day after the date of the public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted Sec. 43.0517. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the municipal secretary before the date the petition period prescribed by Section 43.0515 ends, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at an election called and held for that purpose SECTION 12. The heading to Subchapter C-1, Chapter 43, Local Government Code, is amended to read as follows: SUBCHAPTER C-1. ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200 [PR8eEBU-RS FOR AREASi-ikem--muiiieiiAh AimEkAiieii Phmii SECTION 13. Subchapter C-1, Chapter 43, Local Government Code, is amended by adding Sections 43.0611 through 43.0618 to read as follows: Sec. 43.0611. AUTHORITY TO ANNEX. A municipality may annex an area with a population of 200 or more only if the following conditions are met, as applicable: (1) the municipality holds an election in the area Proposed to be annexed at which the qualified voters of the area may vote on the question of the annexation and a majority of the votes received at the election approve the annexation; and (2) if the registered voters of the area do not own more than 50 percent of the land in the area the municipality obtains_ consent to annex the area through a petition signed by more than 50 percent of the owners of land in the area Sec. 43.0612. RESOLUTION The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: (1) a statement of the municipality's intent to annex the area; (2) a detailed description and map of the area to be hq://www.legis.state.tx.us/Search/DocViewer.aspx?ID=85RSBOO715 I B&QueryText=%22... 3/8/2017 85(R) SB 715 - Introduced version - Bill Text Page 5 of 11 annexed; and (3) a description of the services to be provided by the municipality in the area after the annexation including, as applicable: (A) police protection; (B) fire protection; (C) emergency medical services; (D) solid waste collection; (E) operation and maintenance of water and wastewater facilities in the annexed area; (F) operation and maintenance of roads and streets, including road and street lighting; (G) operation and maintenance of parks, Playgrounds, and swimming pools; and (H) operation and maintenance of any other publicly owned facility, building, or service. Sec. 43.0613. NOTICE OF PROPOSED ANNEXATION. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0612, the municipality must mail to each property owner in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearing required by Section 43.0614; (2) notice that an election on the question of annexing the area will be held; and (3) a description of the services to be provided by the municipality in the area after the annexation. Sec. 43.0614. PUBLIC HEARINGS. (a) The governing body of a municipality must conduct at least two public hearings on the Proposed annexation at which members of the public are given an opportunity to be heard. _(b) The governing body must conduct the first public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0612. (c) The governing body must conduct the second public hearing not earlier than the 31st day and not later than the 90th day after the date the governing body adopts a resolution under Section 43.0612. Sec. 43.0615. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS. (a) If the registered voters in the area proposed to be annexed do not own more than 50 percent of the land in the area the municipality must obtain consent to the annexation through a petition signed by more than 50 percent of the owners of land in the area in addition to the election required by this subchapter. (b) The municipality must obtain the consent required by this section through the petition process prescribed by Section 43.0515, and the petition must be verified in the manner provided by Section 43.0516(a). Sec. 43.0616. ELECTION. (a) A municipality shall order an election on the question of annexing an area to be held on the first uniform election date that falls on or after: (1) the 90th day after the date the governing body of the municipality adopts the resolution under Section 43.0612; or (2) if the consent of the owners of land in the area is required under Section 43.0615, the 78th day after the date the Petition period to obtain that consent ends (b) An election under this section shall be held in the same manner as general elections of the municipality. The municipality shall pay for the costs of holding the election h4://www.legis.state.tx.us/Search/DoeViewer.aspx?ID=85RSB007151 B&QueryText=%22... 3/8/2017 • 85(R) SB 715 - Introduced version - Bill Text Page 6 of 11 Sec. 43.0617. RESULTS OF ELECTION AND PETITION. (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0615. (b) If at the election held under this subchapter a majority of qualified voters do not approve the proposed annexation, or if the municipality is required to petition owners of land in the area under Section 43.0615 and does not obtain the required number of signatures, the municipality may not annex the area and may not adopt another resolution under Section 43.0612 to annex any part of the area until the first anniversary of the date of the adoption of the resolution. (c) If at the election held under this subchapter a majority of qualified voters approve the proposed annexation, and if the municipality, as applicable, obtains the required number of petition signatures under Section 43.0615, the municipality may annex the area after: (1) providing notice under Subsection (a); (2) conducting a public hearing at which members of the public are given an opportunity to be heard; and (3) conducting a final hearing not earlier than the 10th day after the date of the public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted. Sec. 43.0618. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the municipal secretary before the date the election required by this subchapter is held, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at a separate election called and held for that purpose. SECTION 14. Section 43.071(e), Local Government Code, is amended to read as follows: (e) Subsections (b) and (c) [ )] do not apply to the annexation of: (1) an area within a water or sewer district if: (A) the governing body of the district consents to the annexation; (B) the owners in fee simple of the area to be annexed consent to the annexation; and (C) the annexed area does not exceed 525 feet in width at its widest point; (2) a water or sewer district that has a noncontiguous part that is not within the extraterritorial jurisdiction of the municipality; or (3) a part of a special utility district created or operating under Chapter 65, Water Code. SECTION 15. Sections 43.0715(b) and (c), Local Government Code, are amended to read as follows: (b) If a municipality with a population of less than 1.5 million annexes a special district for full or limited purposes and the annexation precludes or impairs the ability of the district to issue bonds, the municipality shall, prior to the effective date of the annexation, pay in cash to the landowner or developer of the district a sum equal to all actual costs and expenses incurred by the landowner or developer in connection with the district that the district has, in writing, agreed to pay and that would otherwise have been eligible for reimbursement from bond proceeds under the http://www.legis.state.tx.us/Search/DocViewer.aspx?ID=85RSB007151 B&QueryText=%22... 3/8/2017 85(R) SB 715 - Introduced version - Bill Text Page 7 of 11 rules and requirements of the Texas ["____a' ^____-__ _=n==--__ -] Commission on Environmental Quality as such rules and requirements exist on the date of annexation. [For an annexatien that is stibj to preclearance by a federal atther�ty, a payment will be considered tifftely if the mttnicipalityo (i) e�crow5 the prior t-�) the effeetive date of the annexation; and (ii) stbt5equently causes the e5erewed funds and eteertied interest- te be di5bursed t�n the developer with+n five business days aft-er t: munieipality receives netiee of the l (c) At the time notice of the municipality's intent to annex the land within the district is first published [-_ aeeerdanee __it Seeti = 43.052], the municipality shall proceed to initiate and complete a report for each developer conducted in accordance with the format approved by the Texas ["a____' ^_____-_ _ -+0n] Commission on Environmental Quality for audits. In the event the municipality is unable to complete the report prior to the effective date of the annexation as a result of the developer's failure to provide information to the municipality which cannot be obtained from other sources, the municipality shall obtain from the district the estimated costs of each project previously undertaken by a developer which are eligible for reimbursement. The amount of such costs, as estimated by the district, shall be escrowed by the municipality for the benefit of the persons entitled to receive payment in an insured interest-bearing account with a financial institution authorized to do business in the state. To compensate the developer for the municipality's use of the infrastructure facilities pending the determination of the reimbursement amount [ ], all interest accrued on the escrowed funds shall be paid to the developer whether or not the annexation is valid. Upon placement of the funds in the escrow account, the annexation may become effective. In the event a municipality timely escrows all estimated reimbursable amounts as required by this subsection and all such amounts, determined to be owed, including interest, are subsequently disbursed to the developer within five days of final determination in immediately available funds as required by this section, no penalties or interest shall accrue during the pendency of the escrow. Either the municipality or developer may, by written notice to the other party, require disputes regarding the amount owed under this section to be subject to nonbinding arbitration in accordance with the rules of the American Arbitration Association. SECTION 16. Sections 43.072(b) and (d), Local Government Code, are amended to read as follows: (b) A home -rule municipality having a common boundary with a district subject to this section may annex the area of the district if: (1) the annexation complies with the requirements of Subchapter C or C-1, as applicable [-*- app—ed by a majority of t qttalified voters who vote c)n the question at an election held under this ===-i= =] (2) the annexation is completed before the date that is one year after the date the petition period prescribed by Section 43.0515 ends or the date of the election under Section 43.0616, as applicable; and (3) all the area of the district is annexed. (d) Annexation of area under this section is exempt from the provisions of this chapter that prohibit: (1) a municipality from annexing area outside its extraterritorial jurisdiction; or (2) [annexation of --area narrcnyer than the min».._..m http://www.legis.state.tx.us/Search/DocViewer.aspx?ID=85RSB007151 B&QueryText=%22... 3/8/2017 85(R) SB 715 - Introduced version - Bill Text Page 8 of 11 [f3�] reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. SECTION 17. Sections 43.0751(b), (d), and (h), Local Government Code, are amended to read as follows: (b) The governing bodies of a municipality and a district may negotiate and enter into a written strategic partnership agreement for the district by mutual consent. The governing body of a municipality, on written request from a district located in the municipality's extraterritorial jurisdiction [__eroded in the munieipality'3 annexation plan under Section 1, may [}] negotiate and enter into a written strategic partnership agreement with the district. [A distriet included ­111­ipality's an exet+on plan tnder Section 43.052a [-(4+ - may not 5ubrftit its written reeltest bef�)re the - date �)f the 5eeond hearing required tinder Seetion 43.8561; a [f2+-- intst submit it� written reque5t before the 61st day after the date of the seeenei hearing required ttnder Seet+on A']�1] (d) Before the governing body of a municipality or a district adopts a strategic partnership agreement, it shall conduct two public hearings at which members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. Notice of public hearings conducted by the governing body of a municipality under this subsection shall be published in a newspaper of general circulation in the municipality and in the district[. The re -mus -t be in the ] and must be published at least once on or after the 20th day before the [each] date of each hearing. The notice may not be smaller than one-quarter page of a standard -size or tabloid -size newspaper, and the headline on the notice must be in 18 -point or larger type. Notice of public hearings conducted by the governing body of a district under this subsection shall be given in accordance with the district's notification procedures for other matters of public importance. Any notice of a public hearing conducted under this subsection shall contain a statement of the purpose of the hearing, the date, time, and place of the hearing, and the location where copies of the proposed agreement may be obtained prior to the hearing. The governing bodies of a municipality and a district may conduct joint public hearings under this subsection, provided that at least one public hearing is conducted within the district. (h) On the full -purpose annexation conversion date set forth in the strategic partnership agreement pursuant to Subsection (f) (5) [(f) -(5)(A)], the land included within the boundaries of the district shall be deemed to be within the full -purpose boundary limits of the municipality without the need for further action by the governing body of the municipality. The full -purpose annexation conversion date established by a strategic partnership agreement may be altered only by mutual agreement of the district and the municipality. However, nothing herein shall prevent the municipality from terminating the agreement and instituting proceedings to annex the district, on request by the governing body of the district, on any date prior to the full -purpose annexation conversion date established by the strategic partnership agreement. [band section shall net be ineluded in ealeulations prescribed by Seetion %) .) SECTION 18. Section 43.07515(a), Local Government Code, is amended to read as follows: http://www.legis.state.tx.us/Search/DocViewer.aspx?ID=85RSB007151 B&QueryText=%22... 3/8/2017 85(R) SB 715 - Introduced version - Bill Text (a) A municipality may not regulate under Section 43.0751 [or � 43.07521] ^ --m 0752 -?r] the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. SECTION 19. Section 43.101(d), Local Government Code, is amended to read as follows: (d) The municipality may annex the area even if part of the area is outside the municipality's extraterritorial jurisdiction 43.954—Seet+en 4-3.055, which relate_ -- the _--_ nt of area ft Wim] SECTION 20. Section 43.102(d), Local Government Code, is amended to read as follows: (d) The municipality may annex the area even if the area is outside the municipality's extraterritorial jurisdiction or [-] is in another municipality's extraterritorial jurisdiction[ , na rewer then the m+n+rftt2fft width prescribed by Seetier 3.854. J SECTION 21. Section 43.1025(c), Local Government Code, is amended to read as follows: (c) Annexation of the [arc] area described by Subsection (b) [may be annexed --w== =;Te the eerrsenrt of theownersez - - - - d - - t - - the areet, bt2t bite ] may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (1) consents to the annexation; and (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. SECTION 22. Subchapter F, Chapter 43, Local Government Code, is amended by adding Section 43.1211 to read as follows: Sec. 43.1211. APPLICABILITY. This subchapter applies to an area that was annexed for a limited purpose as authorized before September 1, 2017. SECTION 23. Section 43.127(a), Local Government Code, is amended to read as follows: (a) On [ , ] or before the date prescribed by the regulatory plan prepared for the limited purpose area (under ___-____ ;^`] the municipality must annex the area for full purposes. [This - -,-I - . ---t may be wa+ved and the date fer fuii purpc)se annexation P"rstlant to that ] SECTION 24. Sections 43.141(a) and (b), Local Government Code, are amended to read as follows: (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area as described by the written agreement under Section 43.0212 or the resolution under Section 43.0512 or 43.0612, as applicable [ specified by sec�:iun 43.856 or ser u--- pian prepered fer area under that —seeti-ern] . (b) If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. On the Page 9 of 11 http://www.legis.state.tx.us/Search/DocViewer.asDx?ID=85RSB00715 I B&OuervText=%22... 3/8/2017 • 85(R) SB 715 - Introduced version - Bill Text Page 10 of 11 filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to perform [' ] in good faith. SECTION 25. Section 43.201(2), Local Government Code, is amended to read as follows: (2) "Limited -purpose annexation" means annexation authorized under former Section 43.121, as that section existed on January 1, 2017. SECTION 26. Section 43.203(a), Local Government Code, is amended to read as follows: (a) This section applies only to the [Tht-1 governing body of a district that by resolution petitioned [may petiti ] a municipality to alter the annexation status of land in the district from full -purpose annexation to limited -purpose annexation and before September 1, 2017: entered into an agreement to alter the status of annexation as provided by this section; or (2) had its status automatically altered by operation of Subsection (c). SECTION 27. Section 43.905(a), Local Government Code, is amended to read as follows: (a) A municipality that propos2s to annex an area shall provide written notice of the proposed annexation to each public school district located in the area proposed for annexation within the period prescribed for providing [publishing] the notice of the first hearing under Section 43.0212, 43.0513, [43.85611 or 43.0613 [49.863] , as applicable. SECTION 28. Section 775.0754(d), Health and Safety Code, is amended to read as follows: (d) A municipality that enters into an agreement under this section is not required to provide emergency services in that annexed territory. To the extent of a conflict between this subsection and [Section 43.856, 13ocal Government eede, or] any other law, this subsection controls. SECTION 29. Section 3833.209(e), Special District Local Laws Code, is amended to read as follows: (e) The terms and conditions of the negotiated service plan bind the city for the period provided by Section 43.056(1), Local Government Code, as that section existed on January 1, 2017, and the developer, the developer's heirs, successors, and assigns, and any person taking title to all or a portion of the property annexed under the annexation petition for that period. SECTION 30. Section 8489.109, Special District Local Laws Code, is amended to read as follows: Sec. 8489.109. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT. For the purposes of any [Section 43.92-1 (2-) , bee&! Government ^=d_, er ether] law, including a municipal charter or ordinance relating to annexation, an area adjacent to the district or any new district created by the division of the district is considered adjacent to a municipality in whose corporate limits or extraterritorial jurisdiction any of the land in the area described by Section 2 of the Act enacting this chapter is located. SECTION 31. Section 9038.110, Special District Local Laws Code, is amended to read as follows: Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT. For the purposes of any [Gem -43 = 821 (;) ; fio as Government eod http://www.legis.state.tx.us/Search/DocViewer.asl)x?ID=85RSB00715 I B&OuervText=%22... 3/8/2017 85(R) SB 715 - Introduced version - Bill Text Page 11 of 11 or vH*e] law, including a municipal charter or ordinance relating to annexation, an area adjacent to the district or any new district created by the division of the district is considered adjacent to a municipality in whose corporate limits or extraterritorial jurisdiction any of the land in the area described by Section 2 of the Act creating this chapter is located. SECTION 32. Section 9039.110, Special District Local Laws Code, is amended to read as follows: Sec. 9039.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT. For the purposes of anv [Seetion 43.021(2), heeal Government Boder or =] law, including a municipal charter or ordinance relating to annexation, an area adjacent to the district or any new district created by the division of the district is considered adjacent to a municipality in whose corporate limits or extraterritorial jurisdiction any of the land in the area described by Section 2 of the Act creating this chapter is located. SECTION 33. (a) Sections 42.0411, 43.022, 43.023, 43.024, 43.025, 43.028, 43.030, 43.032, 43.033, 43.034, 43.035(c), 43.036, 43.052, 43.053, 43.054, 43.0545, 43.0546, 43.055, 43.056, 43.0561, 43.0562, 43.0563, 43.0564, 43.0565, 43.0567, 43.057, 43.061, 43.062, 43.063, 43.064, 43.065, 43.071(d), (f), and (g), 43.072(c), (e) , (g) , (h) , (i) , (j) , (k) , (1) , and (m) , 43.075i (o) , 43.0752, 43.101(c), 43.102(c), 43.1025(e) and (g), 43.103, 43.105, 43.121, 43.122, 43.123, 43.124, 43.125, 43.126, 43.129, 43.132, 43.147, and 43.906, Local Government Code, are repealed. (b) Subchapter Y, Chapter 43, Local Government Code, is repealed. (c) Sections 8374.252(a), 8375.252(a), 8376.252(a), 8377.252(a), 8378.252(a), 8382.252(a), 8383.252(a), 8384.252(a), 8385.252(a), and 8477.302(a), Special District Local Laws Code, are repealed. (d) Section 5.701(n)(6), Water Code, is repealed. SECTION 34. The changes in law made by this Act apply only to the annexation of an area that is not final on the effective date of this Act. An annexation of an area that was final before the effective date of this Act is governed by those portions of Chapter 43, Local Government Code, that relate to post -annexation procedures and requirements in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 35. This Act takes effect September 1, 2017. http://www.legis. state.tx.us/SearchIDoeViewer.aspx?ID=85RSB00715 I B&QueryText=%22... 3/8/2017 RESOLUTION NO. WHEREAS, Senate Bill 715, currently under consideration by the Texas Senate, would drastically reduce the City's ability to annex residential, commercial, or industrial property; and, WHEREAS, the City of Beaumont has approximately thirty (30) industrial agreements with companies located in our extraterritorial jurisdiction (ETJ) and these companies will pay a total of $17.6 million to the City in FY17; and, WHEREAS, these payments represent approximately 15% of the City's general fund revenues which are used to fund police, fire, and EMS services; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to oppose Senate Bill 715 or any similar legislation that would weaken the City's ability to annex properties that are located within the City's ETJ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council opposes Senate Bill 715 or any legislation that would weaken the City's ability to annex properties that are located within the City's extraterritorial jurisdiction (ETJ). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Superintendent MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4 for the Exterior Fagade, Masonry, Roof Repairs and Restoration on the Tyrrell Historical Library located at 695 Pearl Street. BACKGROUND On December 8, 2015, by Resolution No. 15-278, City Council awarded Marsh Waterproofing, Inc. of Vidor, Texas the contract for the Exterior Fagade, Masonry, Roof Repairs and Restoration on the Tyrrell Historical Library in the amount of $297,420.00. On May 10, 2016, by Resolution No. 16-085, City Council approved Change Order No. 1 in the amount of $90,000.00, to perform 100% tuck pointing of the masonry mortar joints in lieu of 5,000 lineal feet included in the original contract, thereby increasing the total contract amount to $387,420.00 On November 1, 2016, by Resolution No. 16-214, City Council approved Change Order No. 2 in the amount of $15,525.00, to make repairs necessary to replace rotten wood on the large stain glass window frame and casing located on the north side of the building; remove, re -align and install window stops at three exterior steel framed protective windows; and install two additional steel mullions to each window frame to facilitate the installation of the odd shaped glass panels, thereby increasing the total contract amount to $402,945.00. On March 10, 2017, the City Manager executed Change Order No. 3 to deduct $1,800.00 from the total contract amount for the reduction in the scope of work for the copper caps and stain glass repairs. The result of this Change Order is a credit of $1,800.00, thereby decreasing the total contract amount to $401,145.00. Change Order No. 4 is required to repair approximately 450 lineal feet of copper flashing and roofing felts located at the valleys on the upper stone locations behind the gable parapet walls. This work was not part of the original scope of work and is necessary to prevent water intrusion on the interior wall surfaces and causing damage to the plaster finishes. This adjustment in the scope of work results in an increase of $20,245.75 (0.0504%) and a contract value of $421,390.75. This Change Order will add 35 calendar days to the original contract time. Approval of Change Order No. 4 in the amount of $20,245.75 is recommended. FUNDING SOURCE Tyrrell Historical Trust Fund and Gas Royalties reserved within the Miscellaneous Expendable Trust Fund. RECOMMENDATION Approval of resolution. J0 RICH WITH OPPORTUNITY 1111:A.11110 T• E• X* A- S CHANGE ORDER Project: City of Beaumont Tyrrell Historical Library Exterior Fagade, Masonry, and Roof Repairs and Renovation Contractor: Marsh Waterproofing, Inc. 240 South Main Street Suite #2 Vidor, Texas 77662 The Contract is changed as follows: Change Order Number: 04 Date: March 8, 2017 City Bid No: PW0915-15 Extra labor, materials and equipment, to repair approximately 450 lineal feet of copper flashing and roofing felts located at the valleys on the upper stone locations behind the gable parapet walls. TOTAL: The Original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order therefore is The Contract Time will be increased by thirty-five (35) calendar days. $20,245.75 $297,420.00 $103,725.00 $401,145.00 $20,245.75 $421,390.75 r Marsh Waterproofing, Inc. 240 South Main Street Suite #2 Vidor, Texas 77662 �M Z l f ti By (Signature) City of Beaumont 801 Main St. Beaumont, Texas 77701 By (Signature) Specializing in Building Restoration Physical Address: Mailing Address: 240 South Main St. Suite #2 P.O. Drawer %8 Vidor, TX 77662 Vidor, TX 77670-0968 Ph# 409-769-0459 Toll free: 1-866-251-0234 Fax# 409-769-1682 Email: mwaterproofing@aol.com January 11, 2017 City of Beaumont 801 Main ST Beaumont TX 77701 RE: Request for Pricing — Tyrrell Library Scope of Work: Approximately 450 ft of copper flashing at valleys at all upper stone locations. • 85 ft manlift — 30 days • Remove slate tile for re -use • Repair any holes in copper flashing and patch holes with copper soldier • Replace up to 50 ft of copper flashing as needed • Install Ice & Water Shield from copper flashing. Lap a minimum of 6 to 8 inches to wood decking, lap 6 to 8 inches then overlap existing felt paper over Ice & Water Shield 0 Install existing slate with stainless screws back to original Manlift: $7,500.00 (Aproximatley 35 days) Labor: $8,200.00 (340 Hours) Material: $800.00 ( 8 Rolls of Ice & Water Shield) Stainless Screws: $380.00 Replacement Slate: $725.00 Total: $ 17,605.00 2,640.75 — 15 % Overhead & Profit Total: $20,245.75 Respectfully Submitted, Tim Marsh Marsh Waterproofing Inc. RESOLUTION NO. WHEREAS, on December 8, 2015, the City Council of the City of Beaumont, Texas, adopted Resolution No. 15-278 approving the award of a contract to Marsh Waterproofing, Inc., of Vidor, Texas, in the amount of $297,420.00 for the Tyrrell Historical Library Exterior Fagade, Masonry, Roof Repairs and Restoration Project; and, WHEREAS, on May 10, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-085 approving Change Order No. 1, in the amount of $90,000.00, to perform 100% tuck pointing of the masonry mortar joints in lieu of 5,000 linear feet included in the original contract, thereby increasing the total contract amount to $387,420.00; and, WHEREAS, on November 1, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-214 approving Change Order No. 2, in the amount of $15,525.00, is required to make the repairs necessary to replace rotten wood on the large stain glass window frame and casing located on the north side of the building; to remove, re -align and install window stops at three exterior steel framed protective windows; and, to install two additional steel mullions to each window frame to facilitate the installation of odd shaped glass panels, thereby increasing the total contract amount to $402,945.00; and, WHEREAS, on March 10, 2017, the City Manager executed Change Order No. 3 in the amount of ($1,800.00) for the reduction in the scope of work for the copper caps and stain glass repairs, thereby decreasing the total contract amount to $401,145.00; and, WHEREAS, Change Order No. 4, in the amount of $20,245.75, is required to repair approximately 450 lineal feet of copper flashing and roofing felts located at the valleys on the upper stone locations behind the gable parapet walls to prevent water intrusion on the interior wall surfaces and causing damage to the plaster finishes, thereby increasing the total contract amount to $421,390.75; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4 for the additional work described above, thereby increasing the contract amount by $20,245.75, for a total contract amount of $421,390.75 for the Tyrrell Historical Library Exterior Fagade, Masonry, Roof Repairs and Restoration Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Superintendent Ie MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5 for the New Fire Station #1 Project located at 1675 Caldwell. BACKGROUND On September 27, 2016, by Resolution No. 16-188, City Council awarded McInnis Construction, Inc. of Silsbee, Texas the contract for the construction of the New Fire Station No. 1 in the amount of $7,409,783.00. A contingency allowance in the amount of $100,000.00 was included in the noted contract amount. On December 22, 2016, the City Manager executed Change Order No. 1 in the amount of $1,800.00, to remove approximately seventeen concrete footings which were encountered in the excavation of the building pad, thereby decreasing the contingency allowance to $98,200.00 and having no effect on the total contract amount of $7,409,783.00 On January 10, 2017, by Resolution No. 17-004, City Council approved Change Order No. 2 in the amount of $33,180.00, to remove approximately 19,626 square feet of unstable subgrade soil located in the building foundation area, thereby decreasing the contingency allowance to $65,020.00 and having no effect on the total contract amount of $7,409,783.00. On January 24, 2017, by Resolution No. 17-008, City Council approved Change Order No. 3 in the amount of $21,651.00 and added fourteen (14) days to the original contract time, to remove approximately 9,600 square feet of unstable subgrade soil, asphalt roadway (13' x 160'), and debris (consisting of brick, concrete, tires, car parts, bottles, hoses, etc.) located in the west end of the building foundation area. The scope of work consists of the removal of unstable soil to a depth of 24", haul off and disposal of the excavated material and debris, and backfilling the excavated area with compacted select fill material. This change decreased the contingency allowance to $43,369.00 and had no effect on the total contract amount of $7,409,783.00. On February 23, 2017, the City Manager executed Change Order No. 4 to approve the extension of the contract time due to inclement weather days for the months of December and January. Change Order No. 4 extended the contract time eighteen (18) calendar days therefore the Substantial Completion as of the date of Change Order No. 4 will be April 08, 2018. This change had no effect on the total contract amount of $7,409,783.00 Change Order No. 5 consists of two items of work. Item one is required to install a cast -in-place concrete split liner box to allow for the unrestricted flow of the storm water around the existing 10" City water line and a Center Point Energy natural gas line located along Gulf Street. Item two is required to remove approximately 53,000 square feet of unstable subgrade soil located in the south paving areas, employee parking area, and entrance drives. The scope of work consists of the removal of approximately 8,000 square feet of unstable soil approximately 18" deep and the removal of approximately 45,000 square feet of unstable soil approximately 12" deep, haul off and disposal of excavated material, and backfilling the excavated area with compacted select fill material. The total cost of Item one and two is $80,243.13. The total cost for the adjustment in the scope of work, as described in item one and two, will be taken from the balance of the contingency allowance amount of $43,369.00 and the balance will result in an increase to the original contract in the amount of $36,874.13, thereby increasing the total contract amount to $7,446,657.13. This change will add twenty eight (28) days to the original contract time, therefore changing the Substantial Completion date to May 6, 2018. Approval of Change Order No. 5 in the net amount of $36,874.13 is recommended. FUNDING SOURCE Capital Improvements Program. RECOMMENDATION Approval of the resolution. `a -= Document G701' - 2001 Change Order PROJECT Ni me and address): CHANGE ORDER NUMBER: 005 OWNER: CITY OF BEAUMONT FIRE DATE: February 27, 2017 ARCHITECT: STATION #9 for one location, as well as a price difference to change pipe sizes. PO BOX 3827 CONTRACTOR: BEAUMONT, TEXAS 77704 2. Cast in place, concrete conflict box; labor to build bus, form materials and rebar FIELd: ❑ TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1403 3. Concrete for box MCINNIS CONSTRUCTION, INC CONTRACT DATE: October 3, 2016 OTHER: ❑ 675 SOUTH FOURTH STREET CONTRACT FOR: General Construction 6. 12" steel casing, with wood blocking and straps SILSBEE, TEXAS 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) CHANGE PROPOSAL #6 -(revised) Based on scope of work breakdown, that relates to the conflict boxes that Fittz & Shipman have designed for one location, as well as a price difference to change pipe sizes. (f) Conflict Box 12'x 5% 1. Excavation for new cast in place box $ 700.00 2. Cast in place, concrete conflict box; labor to build bus, form materials and rebar (F.E.H. Construction) $5,120.00 3. Concrete for box $1,728.00 4. City of Beaumont manhole lids $ 348.46 5. 10" steel casing, with wood blocking and straps $1,535.00 6. 12" steel casing, with wood blocking and straps $ 1,700.00 TOTAL PRICE FOR CONFLICT BOX $11,131.46 CHANGE PROPOSAL # 7 - Excavate and backfill with compacted selected Fil I approximately: 8,000 sf. x 18" deep of unsuitable subgrade. 45,000 sfx 12" deep of unsuitable subgrade. Excavated Subgrade 3,062 cy x $8.50 Select fill installed 3,062 cy x $12.50 TOTAL CHANGE ORDER AMOUNT LESS AMOUNT TAKEN FROM CONTINGENCY (NO DOLLARS REMAINING IN CONTINGENCY ALLOWANCE) Plus Overhead & Profit for $32, 064.46 (amount exceeding Contingency ) TOTAL INCREASE TO CONTRACT AMOUNT The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be $26,027.00 $38,275.00 $64,302.00 -$43,369.00 $ 4,809.67 $36,874.13 The Contract Time will be increased by twenty-eight (28) days. The date of Substantial Completion as of the date of this Change Order therefore is May 6, 2018 $ 7,409,783.00 S 0.00 $ 7,409,783.00 S 36,874.13 $ 7,446,657.13 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed ivtaximum Price which have AIA Document 6701 Tr — 2001. Copyright ®1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:20:21 on 02/28/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (1363694150) been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Inc ARCHITECT (Firm name) 350 Pine Street - Suite` J. Rob Clark (TYPedr�Qm- 2— I DATE McInnis Construction, Inc. City of Beaumont CONTRACTOR (Firm name) OWNER (Firm name) 675 South Fourth Street Silsbee, TX 77656 A S P e) Dusty McInnis (Typed name) 7,-Z'8- 0,0(-1 DATE P.O. Box 3827 Beaumont, TX 77704 ADDRESS BY (Signature) Kyle Hayes, City Manager ('Typed name) DATE AIA Document G701 T" — 2001. Copyright ® 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:52:18 on 02/27/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (928148534) PROJECT: Fire Station No. 1 1675 CALDwELL BEAumoNT, TExAs 77703 TO CONTRACTOR: MCINNIS CONSTRUCTION, INC. 675 SOUTH 4TH ST. SILSBEE, TEXAS 77656 FIN /NIS CONSIRUCTION. INC. 675 SoUth 4th Street - Sk3bao, Toxas 77658 Ofta: 4DM85.5767 FAX M: 40M85-2483 CHANGE PROPOSAL CHANGE PROPOSAL NO: 6 - REVISED JOB NO: 1622 iMTIATTONDATE: FEBRUARY 23, 2017 CONTRACTFOR: CITY OF BEAUMONT — FIRE STATION No.1 1675 Caldwell Beaumont, Texas 77703 CONTRACT DATE: OcToBER 3, 2016 The Contract is changed as follows: Below is a scope of work breakdown, that relates to the conflict boxes Fittz & Shipman have designed for one location, as well a price difference to change pipe sizes. (1 )Conflict Box 12,'X 5': 1. Excavation for new cast in place box $ 700.00 2. Cast in place, concrete conflict box; labor to build box, form materials and rebar (F.E.H. Construction) $ 5,120.00 3. Concrete for box $ 1,728.00 4. City of Beaumont manhole lids $ 348.46 5. 10" steel casing, with wood blocking and straps $ 1,535.00 6. 12" steel casing, with wood blocking and straps $ 1,700.00 Total Price for conflict box $11,131.46 Not valid until signed by the, Construction Manager, Contractor, Regional Director of Construction, & VP if necessary The original (Contract Sum) (Guaranteed Maximum Price) was $ Net change by previously authorized Change Orders $ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order Was $ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of $ The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be $ The Contract Time will be ® (increased) ❑ (decreased) ❑ (unchanged ) by ( 7 ) days. The date of Substantial Completion as of the date of this Change Order therefore is: NOTE: This summary does not reflect changes In the Contract Sum, Contract Time or Guaranteed Maximum price which have been authorized by Construction Change Directive. _ 9 mcm MCINNIS CONSTRUCTION, INC. www.mcinnisprojects.com 675 South 4th Street • Silsbee, Texas 77656 Office: 409/385-5767 • Fax #: 409/385-2483 RE: City of Beaumont — Fire Station No. Z Change Proposal #6 -Revised McInnis will perform the excavation for new cast in place box. Labor and Mini Excavator Equipment Total $700.00 F.E.H. Construction: LLC February 17, 2017 Chip Richardson McInnis Construction, Inc. 675 S. 4' Street Silsbee, TX 77656 EMAIL: chip@mcinnisprojects.com RE: Beaumont Fire Station # 1 Mr. McInnis, F.E.H. Construction proposes to furnish the following items for the above referenced project: Scone of Work ■ Split Liner Bo installation per Plans Provided ) Total: $5,120.00 F.E.H. Construction will furnish insurance, supervision, labor, form lumber and steel. No retainage shall be withheld. McInnis will furnish excavation, ring and cover, concrete and split -liner. Thank You, Alden Hannah F.E.H. Construction Accepted by: Signature Accepted Date: � x c vf-� -Gv' S �') LI ( LZIV V Z F �iZ i�ria T �R A& [\­ K t- 0 L'� _ C 0 y F 1Z TWO O WF_U'� PO Box 908 — Vidor, Texas 77670-0908 — (409) 769-9791 Fax: (409) 769-9791 Price Breakdown 1. No price 2. FEH Construction proposal dated 2-8-17 (see attached) Concrete - estimated three pours per box ( bottom, sides, top) Each pour consisting of 2/cy Bottom 2 cy @ $94/yd plus $150 small delivery fee $338.00 Sides 4cy @ $94/yd plus $150 small delivery fee $526.00 Top 2cy @ $94/yd plus $150 small delivery fee $338.00 $1,728.00 See Knife River Rate Sheet attached 4. City of Beaumont Manhole lid ACT Pipe Quote attached 5. 10" Steel Casing 101f of 10" steel pipe @ $31/lf $310.00 Fabrication to split, reweld/flange pipe in field 20hrs @ $45.00/hr $900.00 Wood Blocking and strapping $325.00 $1,535.00 6. 18" Steel in lieu of 18" HDPE (see ACT Pipe Quote) 18" steel pipe 201f @ $38.05/ft $761.00 18" HDPE 201f @ $9.53/ft -$190.6 $570.40 1. 24" HDPE in lieu of 18" HDPE (see ACT Pipe Quote) 24" HDPE 1001f @ $15.08/ft $1,508 18" HDPE 1001f @ $9.53/ft -$953.00 $555.00 KNIFE RIVER CORPORATION AN MDU RESOURCES COMPANY 4825 Romeda Road Bus: (409) 842-2100 Beaumont, Texas 77705 Fax -.(409) 842-9393 AW Company: McInnis Construction Contact KYIe K Phone: (409) 385-57_67 Ercall: KIeQMclnnisorolects.com _. _..__...._,.......,.. _t.,_::. JOB: Beaumont Fire Station #1 Rebid t_ocation: Beaumont,Texas,.,� _ 5914D DATE: September 15, 2016 We appreciate the opportunity to otter a quote on flits project. If we may be of further assistance, please do not hesitate to call. KNIFE RIVER Corporation South - SETX Quoted By: Albert Wamack - Sales Manager (409) 791-1792 . C . PIPE & SUPPLY ACT PIPE AND SUPPLY, INC. 1405 ASHLEY ST BEAUMONT, TX 77701 409-813-2796 Fax 409.813-2623 QUOTE TO: MCINNIS CONSTRUCTION, INC 675 SOUTH 4TH ST. SILSBEE, TX'77656 SHIP TO: �� � rii � � r�r■ri i r rr r � �r � ire r r r�r Quotation EXPIRATION DATE QUOTE NUMBER . 03/11/2017 5100017575 ACT PIPE AND SUPPLY, INC. PAGE NO, SHIP ILIA 1408 ASHLEY ST SEAUMONT, TX 77701 400.811 1 of 1 Fex409.813 2823 NET 30 DAYS FIRE STATION NO 1 1675 CALDWELL BEAUMONT, TX 77701 CUSTOMER NUMBER . CUSTOMER PO NUMBER- JOB NAME / RELEASE NUMBER SALESPERSON J 7 Printed 8y: ELI on 2191201710:52:49 AM Ell Daigle KORA AI NN__Aw; K" "TA]& 02/0912017 82338 )NITPRICE9XT PRICE WRITER SHIP ILIA TERMS Eli Daigle 113.85 NET 30 DAYS 95.92/ea ORDER QTY DESCRIPTION 20ft 50803180018" NOM STEEL CASING PIPE 189.33/ea 1 ea 7363001 D V1418 BEAUMONT STORM COVER 159.13/ea 159.13 ONLY DOMESTIC lea 7327005D V1600-2 BEAUMONT STORM 16.08/ft 301.60 RING ONLY DOMESTIC A lea V-1600-4 32" REVERSIBLE RING lea 32 BEAUMONT STORM COVER 20ft 505262400 24" HANCOR SURE-LOK BELL AND SPIGOT PIPE -20' 20ft 50526180018" HANCOR SURE-LOK BELL —AAI-D-SP4GOT-P-JR�2A' v J 7 Printed 8y: ELI on 2191201710:52:49 AM Ell Daigle KORA AI NN__Aw; K" "TA]& 02/0912017 No )NITPRICE9XT PRICE 1811.43 3806,00/cf 761.00 113.85/sa 113.85 95.92/ea 96.92 189.33/ea 189.33 159.13/ea 159.13 16.08/ft 301.60 9.53/ft 190.60 , f Subtotal S&H Charges Estimated Tax 1811.43 0.00 0.00 Total 1811.43 2° 6Cj PROP. INLET TR.=28.25 PROP. 24"FL=24.88 ■ ■ ■ 111111' 111111' 111111, ■ ■ 111111, III. 29.30 29.25 JTAL 28.48 PROP. w w w PROP. �n Grading Plan PROP. 18_ n, I CONNE 20 0 20 6" PROF Scale 1" = 20' Ox 'LIT LINER LINER CONSTRUCTION STORM SEWER MANHOLE CONCRETE WALL FOR SIZE, TYPE A— AND SLOPE OF CONVEYANCE PIPE 1 SEE PLAN SHEETS 1.. cO Zr 0 I z h, T_♦ 'w ♦ z V O IL a O O !t m W o N X Z DETAILS ARE FOR SOLVENT WELD COUPLING PIPE. FOR PUSH-ONIt - SPACES BOTH WAYS E S' C BACKFILL WITH COMPACTED CL U CEMENT STABILIZED SAND o L�IL JOINTS, CONTRACTOR SHALL SPLICE LOWER RUNNERS IN A MANNER 1 N Il o • tt o o N N a a n � cv ry CONSTRUCTION JOINT #4 BARS C Z E d 0 N o Q OZ I o" �i #4 BARS ®12" oon t o rn � SPACES BOTH WAYS o m DETAIL 1" NORMAL CLEARANCE T NOTE: RIM REVIEW ONLY G U #4 BARS ® 12" !t m W o N X Z DETAILS ARE FOR SOLVENT WELD COUPLING PIPE. FOR PUSH-ONIt - SPACES BOTH WAYS E S' C BACKFILL WITH COMPACTED CL U CEMENT STABILIZED SAND o L�IL JOINTS, CONTRACTOR SHALL SPLICE LOWER RUNNERS IN A MANNER 1 N Il o • tt o o N N a a n PERMISSIBLE cv ry CONSTRUCTION JOINT p C Z , 0 N o O OZ I o" �i #4 BARS ®12" oon t o rn � SPACES BOTH WAYS o m J 0 E. D o C C O " O �b(D U �J ai W DETAIL 1" NORMAL CLEARANCE T NOTE: RIM REVIEW ONLY G U Z !t m W o N X Z DETAILS ARE FOR SOLVENT WELD COUPLING PIPE. FOR PUSH-ONIt �{ S' C o U z JOINTS, CONTRACTOR SHALL SPLICE LOWER RUNNERS IN A MANNER lit or construction o o Q o • tt o o V1 a n O o U 0 w n Z , N 1� OO O OZ I M �i O°D� 2�.� oon t o rn � NOTE: RIM REVIEW ONLY G U �� !t m W o N X DETAILS ARE FOR SOLVENT WELD COUPLING PIPE. FOR PUSH-ONIt S' C Incomplete: Not intended p JOINTS, CONTRACTOR SHALL SPLICE LOWER RUNNERS IN A MANNER lit or construction o o o • tt o SATISFACTORY TO THE ENGINEER n O o BERNARDINO D. TRISTAN 0 w n TYPICAL LONGITUDial N w No. 117017 V z "0 SPLIT LINER CON STebruar 22, 2017 Uj = o m Y. � o PROJECT: Fire Station No. 1 1675 CALDWELL BEAUMONT, TEXAS 77703 TO CONTRACTOR: MCINNIS CONSTRUCTION, INC. 675 SOUTH 4TH ST. SILSBEE, TEXAS 77656 a■�tttttt� I� '11�n MCINNrs ILONSt RuCrION. INC. 675 Sou!h 4th Street + S1310fW, 70A65 77658 Office: 40013W5767 Fax a: 4091385.2d83 CHANGE PROPOSAL CHANGE PROPOSAL NO: 7 -REVISED JOB NO: 1622 INITIATIONDATE: FEBRUARY 14, 2017 CONTRACT FOR: CITY OF BEAUMONT — FIRE STATION No.1 1675 Caldwell Beaumont, Texas 77703 CONTRACT DATE: OCTOBER 3, 2016 The Contract is changed as follows: Per Science Engineering Recommendations dated 2-13-2017 — Construction Materials Testing. We propose to excavate and backfill with compacted select Fill approximately: 8,000 sf. x 18" deep of unsuitable subgrade. 45,000 sf. x 12" deep of unsuitable subgrade. Excavated Subgrade 3,062 cy x $8.50 = $26,027.00 Select fill installed 3,062 cy x $12.50 = $38,275.00 TOTAL $64,302.00 COVERED UNDER ALLOWANCE $32,237.54 AMOUNT SUBJECT TO OH&P $32,064.46 — AMOUNT SUBJECT TO OH&P OH&P $ 4,809.67 TOTAL AMOUNT TO CONTRACT $36,874.13 AMOUNT TO INCREASE CONTRACT Not valid until signed by the, Construction Manager, Contractor, Regional Director of Construction, & VP if necessary The original (Contract Sum) (Guaranteed Maximum Price) was $7,409,783.00 Net change by previously authorized Change Orders $ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order Was $7,409,783.00 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of $ 36,874.13 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be $7,447,312.63 The Contract Time will ❑ (increased) ❑ (decreased) ❑ (changed ). by ( 21 ) days. The date of Substantial Completion as of the date of this Change Order therefore is: NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum price which have been authorized by Construction Change Directive. n CONTRACTOR ISM imam www.katconstruction.net Change Order February 14, 2017 Change Order: #8 RE: Bmt. Fire Station #1 TO: McInnis Construction ATTN: Dusty PO Box 1079 16531 Hwy 105 Sour Lake, Texas 77659 Dispatch: (409) 753-2767 Business Office: (409) 753-1700 Per Science Engineering Recommendations dated 2-13-17 — Construction Materials Testing. We Propose to excavate and backfill with compacted select fill approximately: 8,000 sf, x 18" deep of unsuitable subgrade. 45,000 sf, x 12" deep of unsuitable subgrade. $26,027.00 Excavated Subgrade (3,062 cy x $8.50) $38,275.00 Select fill installed (3,062 cy x $12.50) $64,302.00 Total Grand Total Change Order #8 = $64,302.00 ANY ADDITIONS OR DELETIONS TO THIS WILL BE CHARGED ACCORDINGLY. Please feel free to contact me if you have any questions, or if you need any additional information. Respectfully Submitted Danny LeBaron KA.T. Excavation & Construction Inc. 409-753-1700 office 409-790-6818 cell Company: McInnis Construction Name: Signature: Date: WEIGH TECH .1 �0 RESOLUTION NO. WHEREAS, on September 27, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-188 awarding a contract in the amount of $7,409,783.00 to McInnis Construction, Inc., of Silsbee, Texas, for the new Beaumont Fire Station No. 1 Project; and, WHEREAS, a contingency allowance in the amount of $100,000.00 was included in the above noted contract; and, WHEREAS, on December 22, 2016, the City Manager executed Change Order No. 1, in the amount of $1,800.00, to remove approximately seventeen (17) concrete footings which were encountered in the current area of excavation; and, to haul off and backfill with compacted select fill, thereby decreasing the contingency allowance to $98,200.00 and having no affect on the total contract amount of $7,409,783.00; and, WHEREAS, on January 10, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-004 approving Change Order No. 2, in the amount of $33,180.00, to remove approximately 19,626 square feet of unstable subgrade soil located in the building foundation area, thereby decreasing the contingency allowance to $65,020.00 and having no affect on the total contract amount of $7,409,783.00; and, WHEREAS, on January 24, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-008 approving Change Order No. 3, in the amount of $21,651.00, to remove approximately 9,600 square feet of unstable subgrade soil, asphalt roadway (13' x 160') and debris, thereby decreasing the contingency allowance to $43,369.00 and having no affect on the total contract amount of $7,409,783.00; WHEREAS, on February 23, 2017, the City Manager executed Change Order No. 4 to approve the extension of the contract time due to inclement weather days for the months of December and January, thereby having no affect on the contingency allowance amount of $43,369.00 and having no affect on the total contract amount of $7,409,783.00; and, WHEREAS, Change Order No. 5, in the amount of $80,243.13, is required to install a cast -in-place concrete split liner box to allow for the unrestricted flow of the storm water around the existing 10" City water line and a Center Point Energy natural gas line located along Gulf Street; and, to remove approximately 53,000 square feet of unstable subgrade soil located in the south paving areas, employee parking area, and entrance drives; and, WHEREAS, giving credit for the contingency allowance of $43,369.00, thereby resulting in a net increase of the contract amount by $36,874.13 for a total contract amount of $7,446,657.13; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5 for additional work described above, thereby crediting the contingency allowance by $43,369.00 for a total contingency allowance of $0.00 and having a net increase of the contract amount by $36,874.13 for a total contract amount of $7,409,783.00 for the new Fire Station No. 1 Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Delaware Storage, LP has agreed to convey a ten foot (10') wide exclusive Water Line Easement described as being a 0.0498 acre tract situated in the Hezekiah Williams League Survey, Abstract No. 56. The easement will contain a water line and fire hydrant for the new construction of a three story storage facility located at 6160 Delaware Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Delaware Storage, LP has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0498 acre tract situated in the Hezekiah Williams League Survey, Abstract No. 56 as described and shown in Exhibit 1," attached hereto, to the City of Beaumont for the construction of a new three story storage facility located at 6160 Delaware Street; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) ten foot (10') wide exclusive water line easement conveyed by Delaware Storage, LP, being a 0.0498 acre tract situated in the Hezekiah Williams League Survey, Abstract No. 56 as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - azIN101) at KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, DELAWARE STORAGE, LP, a Texas limited partnership, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT "1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of .2017. GRANTOR: DELAWARE STORAGE, LP a Texas limited partnership By: JRC Delaware Storage, LLC, a Texas limited liability company, its general partner LI -A Clay McDaniel, Its Manager GRANTEE: CITY OF BEAUMONT BY: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on this day of , 2017, by Clay McDaniel, Manager of JRC Delaware Storage, LLC, a Texas limited liability company, general partner of Delaware Storage, LP, a Texas limited partnership, on behalf of said limited liability partnership. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of , 2017, by Kyleyes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Exclusive Waterline Easement Legal Description: 0.0498 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 0.0498 acre exclusive waterline easement situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 680.66 acre tract called "Second Tract" as conveyed by Treadaway Land Company et al. to Yount -Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson County, Texas and also being out of and part of that certain remainder of a called 40.5391 acre tract of land as conveyed by Amoco Production Company to Dowdel Investments, Ltd. as recorded in Clerk's File No. 1999047799, Official Public Records of Real Property, Jefferson County Texas, and also being all of that certain called 2.1599 acre tract of land as conveyed by Dowdel Investments, Ltd. to Delaware Storage, LP as recorded in Clerk's File No. 2016031118, Official Public Records of Real Property, Jefferson County, Texas, said 0.0498 acre exclusive waterline easement being more particularly described as follows: NOTE: All bearings are based on the PVest line of Lot 1, Block I of HEB Grocery Addition as NORTH 01123148" WEST as recorded in Clerk's File No. 2006015377, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 518" iron rod found for the Southeast corner of that certain called 0.9601 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Dowdel Investments, Ltd. to CBH Properties Beaumont, LLC. as recorded under Clerk's File No. 2015016749, Official Public Records of Real Property, Jefferson County, Texas and being the Southwest corner of Lot 1, Block 1 of HEB Grocery Addition, an addition of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded under Clerk's File No. 2006015377, Official Public Records of Real Property, Jefferson County, Texas, and also being in the North right-of-way line of Delaware Street; THENCE SOUTH 8805227" WEST, along and with the North right-of-way line of Delaware Street, for a distance of 355.10 feet to a point for the Southeast corner and the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 88052'27" WEST, continuing along and with the North right-of-way line of Delaware Street, for a distance of 10.00 feet to a point for corner; THENCE NORTH 01024'16" WEST, over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 202.13 feet to a point for corner, said point being in the most Southerly North line of said 2.1599 acre Delaware Storage, LP tract; THENCE NORTH 88052'27" EAST, along and with the most Southerly North Line of said 2.1599 acre Delaware Storage, LP tract, for a distance of 25.02 feet to a point for corner; 1 of 2 MAKA W. N'HII CLCY:ii\'U AJSUC l.4lh_3, AVG THENCE SOUTH 01"07'33" EAST, over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 88052'27" WEST, continuing over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 14.98 feet to a point for corner; THENCE SOUTH 01024'16" EAST, continuing over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 192.13 feet to the POINT OF BEGINNING and containing 0.0498 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated December 18, 2015. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B") OrFT �xq S,Q�G�� q�ti td O Thomas S. Rowe, RPLS No. 5728 ..TNOMAS S. ROWE ....,.q .... .................. I.... :.9 5728 W:2015\BSFirmNo.: Wat 06700ement_M&B.docx `qy0 gUpVE��Q 2 of 2 iWARR JV WHITELEYAND ASSOCIATES, LVC LLI U) I. Q J W 0 PO FND 5, 1. R( NOTE: 1. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY SOF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. /2. EASEMENT PREPARED BASED ON A SURVEY PERFORMED BY MARK W. WHITELEY AND ASSOCIATES DATED SEPTEMBER 15, 2016. FIELD WORK WAS PERFORMED DECEMBER 18, 2015. - - "il I J" a II PROPOSED 0.0498 ACRES 71 --6 EXCLUSIVE WATERLINE I NROD/8" EASEMENT FND 5/8" I. ROD FND N01'24'16"W 202.13' L2 I j I L6 `POB - � I , O Jr N I �IN � W � �IoI N !0.1639 ACRE UNDERGROUND Vs— to TELEPHONE EASEMENT 00 OUTHWESTERN BELL TELEPHONE CO. m N I CF. NO. 2015015979 z OPRJC z FND 5/8" I. ROD gg� W/CAP STAMPED oa "M.W. WHITELEY & z3l ASSOCIATES" 0 SCALE 1 "=40' I CALLED 0.034 ACRES ❑ FACIUiY EASEMENT SW6T, LP. CF. N0. 2006004982 • OPRJC FND 1.4354 ACRES REMAINDER OF �\ CALLED 40.5391 DOWDEL INVESTMENTS, LTD. CF. NO. 1999047799 OPRJC `"..,.,FND 5/8"—.__r--FND S01'24'1 6"E 177.83' --...._.. FND 5/8" 1. ROD I. ROD W/CAP STAMPED CALLED 2.1559 ACRES M.W. WHITELEY & DELAWARE STORAGE, LPEXHIBIT "B�� j ASSOCIATES" CF. NO. 2016031118 OPRJC REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION ALL BEARINGS ARE BASED ON THE WEST LINE OF LOT 1, BLOCK 1 OF HEB GROCERY ADDITION AS NORTH 01'23'48" WEST AS RECORDED IN CLERK'S FILE NO. 2006015377, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS. LIN IN I A L1 S88'52 27 10.00 L2 N01'2416 202.13 L3 N88.52 27 E 25.02 C4 --Sb 1'07 33 E 10.00 L5 S88'52 27 14.98 Lfi S01'24 16 E 192.13 CALLED 0.9601 ACRES CBH PROPERTIES BEAUMONT, LLC CF. NO. 2015016749 OPRJC LOT 1, BLOCK 1 HEB GROCERY ADDITION CF. NO. 2006015377 OPRJC TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. . E 0 F rFk THOMAS S. ROW= �....y a....,.P ' ....l....� ''•9oF \o?� it 1 IAS S. ROWE - REGISTERED PROFESS NAl~ RVEYOR No. 5728 0.0498 ACRE (10' WIDE) EXCLUSIVE WATER LINE EASEMENT HEZEKIAH WILLIAMS LEAGUE ABSTRACT NO. 56 JEFFERSON COUNTY, TEXAS DR 9/: SAW scuE SHEET No.: VER: ArAD 2017 1 "=40' 1 of 1 JOB NO. f1LE: W:2015\15-7308\ REV. 15-1306 15-t30t�wATM Wf EASWU..DMG 0 MARK W. WHMLEY AND ASSOCIATES INCORPORATED CONSULTING INGDOW, SURVEYM, AND PLANNM T.BP-LS. FUW NO. 10108700 • P. o. Damn filo xum rm. mum= Tall rrrm"m MAUUMr. Tun 7TR1.1 .o. -m -an n p .o. -ail -lie BEAUMONT T E X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 21, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to award a bid to Placo, LTD., of Lumberton for the Sewer Plant- Clarifiers Rehabilitation Phase II Project 2. Consider a resolution authorizing the City Manager to award a bid to Brystar Contracting, Inc., of Beaumont for the South Major Drive Water and Sewer Relocation Project 3. Consider a resolution authorizing the City Manager to award a bid to Layne Christensen Company, of Houston for the Loeb Water Well Site — Well No. 3 Rehabilitation Project 4. Consider a resolution approving the purchase of five defibrillators for use in the Emergency Medical Services Division and the Fire Department 5. Consider transferring a solid waste transportation service agreement 6. Consider a resolution approving a four year lease purchase agreement with Baystone Government Finance of Manhattan, Kansas at a fixed interest rate of 2.66% for a Pierce Saber Fire Pumper Truck 7. Consider a resolution approving a contract with Robert's Havoline Express Lube of Beaumont to provide preventive maintenance for city vehicles PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2017 Annual Action Plan PUBLIC HEARING Receive comments related to finding and ratifying the determination of the Director of Health that a public nuisance exists on the properties at 2175 W. Lucas, 2445 San Jacinto and 998 Van Buren, due to the accumulation of excessive litter allowing for conditions conducive to the breeding of mosquitoes and harborage of rats and order the property owners to clean the said properties within ten (10) days. If the property owners fail to comply within ten (10) days, staff is requesting City Council authorization to clean these properties and/or authorizing the City Attorney to seek legal action to have the nuisances abated 8. Consider an ordinance finding and ratifying the determination of the Director of Health that a public nuisance exists on the properties at 2175 W. Lucas, 2445 San Jacinto and 998 Van Buren, due to the accumulation of excessive litter allowing for conditions conducive to the breeding of mosquitoes and harborage of rats and order the property owners to clean the said properties within ten (10) days. If the property owners fail to comply within ten (10) days, staff is requesting City Council authorization to clean these properties and/or authorizing the City Attorney to seek legal action to have the nuisances abated 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: Claim of Albert and Faye Thibodeaux 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. 1 March 21, 2017 Consider a resolution authorizing the City Manager to award a bid to Placo, LTD., of Lumberton for the Sewer Plant- Clarifiers Rehabilitation Phase II Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director _1-;411 MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to Placo, LTD., of Lumberton, Texas in the amount of $2,321,215.00 for the Sewer Plant- Clarifiers Rehabilitation Phase II Project. The existing eight (8) clarifier units at the Sewer Plant were installed in the early to mid -1950's, with some rehabilitation work done in 1996. The Sewer Plant- Clarifiers Rehabilitation Phase I Project was awarded on October 6, 2015, by Resolution No. 15-217, and is now complete. Phase II of the project will rehabilitate the remaining two (2) primary clarifier and two (2) final clarifier units. The engineer's estimated cost for this project was $2,525,860.00 which includes Base Bid and Additive Item 18. On Thursday, February 23, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Two (2) bids were received as follows: Contractor Location Total Base Bid Additive Item Total Award 18 Amount Placo, LTD. Lumberton, TX $2,273,715.00 $47,500.00 $2,321,215.00 Allco LLC Beaumont, TX $2,274,430.41 $46,989.06 $2,321,419.47 On March 7, 2017, the City's engineering consultant, Schaumburg & Polk, Inc., of Beaumont, Texas, provided the City with a letter recommending award to Placo, LTD., for the Base Bid and Additive Item 18. Water Utilities is in agreement with the consultant's recommendation. A total of 400 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. ISCHAUMBURG & POLK,INC. BEAUMONT * HOUSTON * TYLER March 7, 2017 Mr. Paul Zappi, P.E. Water Utilities Engineer City of Beaumont 1350 Langham Rd. Beaumont, Texas 77707 Re: City of Beaumont Sewer Plant — Clarifiers Rehabilitation Phase H Recommendation ofAward Dear Mr. Zappi, Bids were received on Thursday, February 23, 2017 for the above referenced project This project is to remove and replace the remaining 4 existing clarifier mechanisms. Schaumburg & Polk, Inc. has reviewed the submitted bids and recommends award of Base Bid Items No. 1 through 10 plus Additive Item 18 to Placo, LTD. of Lumberton Texas for a total contract amount of $2,321,215.00. Additive Item 18 provides for installation of the grating and handrails to open structures to meet TCEQ Chapter 217 requirements for safety of open top tanks. Please find attached a copy of the Bid Tabulation for your use. If you have any questions or require any additional information please contact me. Sincerely, SCHAUMBURG & POLK, INC. �A� Marie Mann, P.E. Vice President Enclosures cc: Mr. John Plake, Placo LTD. Mr. Jeffrey G. Beaver, P.E., Schaumburg & Polk Inc BmL-1106—Phase2 C= F:\BMT\1106 ClmSa Rebab of Awed Phase 2 rev dom OW7/17 7:56 AM 8885 College Street I Beaumont, Texas 77707 1 www.spi-eng.com 1 409.866.0341 P 1 409.866.0337 F BID TABULATION CITY OF BEAUMONT SEWER PLANT CLARIFIER REHAB (PHASE II) BID OPENING DATE: THURSDAY, FEBRUARY 23,2017,2:00 FM df.Bid TabulationBid Tabulation 2/27/2017 10:04 AM Page 1 Placo Ltd Allen LLC PO Box 8120 6720 College St Item Qty Unit Description Lumberton Ti477657 Beattmont. Tx 77707 Unit Price Item Total Unit Price Item Total 1. i 1S MOBILIZATION, including payment bond, performance bond, insurance, moving equipment to project, and demobilization, $50,000.00 $50,000.00 $72,000.00 $72,000.00 all in strict conformance with plans and specifications; NOT TO EXCEED 3% OF TOTAL PROJECT BID for, 2. 1 LS CLARIFIER MECHANISMS, Furnish all EvoqualEnvirex equipment for two primary and two final clarifier mechanisms $1,074,624.0 $1,074,624.0 $1,074,624.0 $1,074,624.0 including all drives, bridge ways, scraper arms, grating, and all necessary appurtenances all in accordance with the plans an specifications for, 3. 1 LS REHABILITATE TWO (2) PRIMARY CLARIFIER UNITS, Furnish all labor and material to complete removal an $398,000.00 $398,000.00 $474,439.13 $474,439.13 replacement of the clarifier mechanism equipment including the bridge, scum babies, algae brush cleaning equipment electrical conduit and conductors, control panels, appurtenances, pressure washing, surface preparation, coatings, access stairways, removal and reinstallation of weirs, and provide for a complete and operable clarifier, and all necessary appurtenances all in accordance with the plans and specifications for, 4. 1,020 LF REHABILITATE PRIMARY CLARIFIER (No. 2 & 4) EFFLUENT LAUNDERS, including all labor, materials, cleaning $310.00 $316,200.0 $157.00 $160,140.00 scum removal, all in accordance with plans and specifications for, 5. 1 LS REHABILITATE TWO (2) FINAL CLARIFIER UNITS, Furnish all labor and material to complete removal an $339,000.0 $339,000.0 $396,643.68 $396,643.68 replacement of the clarifier mechanism equipment including the bridge, algae brash cleaning equipment, all electrical condui and conductors, control panels, appurtmanc es, pressure washing, removal and reinstallation of weirs, and provide for complete and operable clarifier, and all necessary appurtenances all in accordance with the plans and specifications for, 6. 450 LF REPLACEMENT WEIRS, Furnish all labor, material and equipment to install new weir sections (non-metallic) to replace $46.00 $20,700.00 $26.20 $11,790.00 damaged sections as directed, all in strict accordance with plans and specifications for. 7. 1 LS REHABILITATE PRIMARY JUNCTION BOX, Furnish new coating on upper 3' of box interior, including all surface $6,650.00 $6,650.00 $23,389.00 $23,389.00 preparation, materials, and labor, all in accordance with plans and specifications for, 8. 570 LF CLEAN AND TELEVISE (Pre -construction) all existing 8" sludge limes, primary clarifier units 2 & 4 and final clarifier units $41.30 $23,541.00 $28.78 $16,404.60 1 & 3, all depths, all in accordance with plans and specifications for, 9. 1 LS ALLOWANCE - CONSTRUCTION INCIDENTALS, as uncovered during construction, and as directed $25,000.00 $25,000.0 $25,000.00 $25,000.00 OWNER/Fnginew. 10. 1 LS ALLOWANCE - Groundwater Control, including all labor and materials, and pumping, as directed by Owner/Engineer $20,000.00 $20,000.0 $20,000.00 $20,000.00 Reimbursement based on supplied 'invoices. ADDITIVE BID ITEMS 11. 295 LF LINES Y - Furnish all labor, materials and equipment to abandon 8" diameter final clarifier sludge lines in place by plugging $61.00 $17,995.00 $23.73 $7,000.35 and filling with grout all in strict accordance with the plans and specifications for, 12. 274 LF LINES Y - Furnish all labor, materials and equipment to install new 8" SDR -17 HDPE final clarifier sludge lines by $470.00 $128,780.0 $88.22 $24,172.28 Directional Drill or Bore Method complete in place, all depths, connection to existing lines and sludge pockets, surface restoration, testing and necessary appurtenances, all in strict accordance with plans and specifications for. 13. 85 LF LINE X - Furnish all labor, material and equipment to rehabilitate 8" diameter cast iron sludge piping by C.I.P.P o $450.00 $38,250.00 $186.17 $15,824.45 pipebursting, complete in place, all depths, including finer pipe, connection/terminations, 45 degree fittings, spool pieces, seta fees, surface restoration, testing and necessary appurtenances, all in strict accordance with plans and specifications for. 14. 3 EA CLARIFIER SLUDGE POCKET CONNECTIONS - Furnish all labor, materials and equipment to install new 8" clarifier $25,000.00 $75,000.00 $7,719.10 $23,157.30 sludge line connection to sludge pocket spool pipes, including cutting and patching of clarifier bottom slab, and necessary appurtenances, all in strict accordance with plans and specifications for, 15. 359 LF TELEVISE (Post -construction) (Item 2558) all rehabilitated 8" sludge lines for rehabilitation by pipe burst/CIPP, all sizes, $30.00 $10,770.0 $10.45 $3,751.55 depths, all in accordance with plans and specifications for, df.Bid TabulationBid Tabulation 2/27/2017 10:04 AM Page 1 BID TABULATION CITY OF BEAUMONT SEWER PLANT CLARIFIER REHAB (PHASE H) BID OPENING DATE: THURSDAY, FEBRUARY 23,2017,2:00 PM Item Qty Unit Description Placo Ltd. PO Box 8120 Lumberton Tx.77657 Allco LLC 6720 College St BeaumonL Tx 77707 Unit Price Item Total Unit Price Item Total 16. 1 IS TRENCH SAFETY PLAN, in accordance with Specification Item No. 2010 as prepared and sealed by a Texas Registered Engineer, including required geotechnical engineering soils report, all in strict accordance with plans and specifications for, $1,200.00 $1,200.00 $811.88 5811.88 17. 300 LF TRENCH SAFETY SYSTEM, trench safety proteetion for all excavations over five -feet deep, designed, fiunisbed and installed, complete and in place, including shoring, trench boxes, or other approved means and ways in strict accordance with plans and specifications for, $1.00 $300.00 $1.00 $300.00 18. 1 LS FURNISH AND INSTALL GRATING & HANDRAILS, complete in place, at primary clarifier manhole #2, primary trickling filters, secondary trickling filters, secondary filter manhole, and final clarifier division box, including all labor, materials, and site work, all in accordance with the plans and specifications for, $47,500.00 $47,500.00 $46,989.06 $46,989.06 19. 1 IS FURNISH AND INSTALL CHAINLINK FENCE & TOPRAIL, on four final clarifiers, complete in place,jincluding labor, materials, surface preparation of existing post and top rails, coating of existing posts and toprail, partial retop rails, and site work, all in accordance with the plans and specifications for, $35,800.0 $35,800.0 $29,959.26 $29,959.26 TOTAL BASE BID AMOUNT $2,273,715.00 $2,274,430.41 TOTAL ADDITIVE BID AMOUNT (Items 11 -19 5355,595.00 $151,966.13 Acknowledgement of Addendum No. 1 YES YES Bid Schedule YES YES Bid Summ YES YES Corporate Resolution YES YES Bid Bond YES YES Information Requhrd of Bidders YES YES Conflict of Interest Qucstionn ' YES YES Statement of City Charter Provision on Conflict of Interest YES YES Insurance Verification Affidavit YES YES MBE Schedule C1 YES YES The Bid Proposals submitted have been reviewed, and to the best of my lmowledge this is an accurate tabulation of the OF Signature j * ; ........ �. * d� Date MARK ANN A........ ..... .. .......--.. AA 9:� 91891 rz df -.Bid TabulationBid Tabulation 2/27/2017 10:04 AM Page 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Placo, LTD., of Lumberton, Texas, in the amount of $2,321,215.00 to furnish all labor, materials, and equipment for the Sewer Plant -Clarifiers Rehabilitation Phase II Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Placo, LTD., of Lumberton, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - 2 March 21, 2017 Consider a resolution authorizing the City Manager to award a bid to Brystar Contracting, Inc., of Beaumont for the South Major Drive Water and Sewer Relocation Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to Brystar Contracting, Inc., of Beaumont, Texas in the amount of $474,306.00 for the South Major Drive Water and Sewer Relocation Project. BACKGROUND The Texas Department of Transportation (TxDOT) plans to widen South Major Drive from Interstate Highway 10 to State Highway 124 (also known as Fannett Road) in late 2017. This project will relocate the existing water and sanitary sewer lines out from underneath the proposed roadway. On February 23, 2017, bids were solicited for furnishing all labor, materials, and equipment for the project. Three (3) bids were received as follows. Contractor Location Total Base Bid Total Award Amount Brystar Contracting, Inc. Beaumont, TX $463,721.00 $474,306.00 Allco, LLC Beaumont, TX $520,287.75 $543,637.75 Excavation and Construction, LLC Port Arthur, TX $791,714.40 $866,867.05 City Water Utilities Engineering Division recommends award to Brystar Contracting, Inc., for all Potable Water Items, with the exception of Item 810-001 and 810-002; for all Sanitary Sewer Items; and, Alternate Bid Items 813-001 and 813-002. A total of 120 calendar days are allocated for the completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. OF rc 4 61 I r ,� ii �• •11� • AMALIA VILLARREAL »�y ..............y 90340 ..% of 90 •• 1/C 11,;`\ S% N A9 BID TABULATION South Major Drive Water and Sewer Relocation Bid Number: WU0117-04 BID OPENING DATE: Thursday, February 23, 2017 The Bid Proposals submi have been reviewed a to the best of my kn a th�isoncurate tatwlatf the bids received. 9 yAmalia Villarreal. PE, Water Utilities Engineer 3120 7 BRYSTAR CONTRACTING ALLCO EXCAVATION & CONSTRUCTION Beaumont, TX Beaumont, TX Port Arthur, TX Bryan Phelps T.W. Harrison Eric Gilchriest Spec. Item Estimated Unit 1 Unit S 9,60000 Unit $ 11,000 00 No. I No. DESCRIPTION Quantity Unit Price Total Price Total Price Total POTABLE WATER SUBTOTAL POTABLE WATER 282,620.00 347,267.50 428,059.54 001 Mobilization 1 LS S 10,000 00 $ 10,000 00 $ 15,000 00 15,000 00 $ 24,420 00 S 24,420 00 002 Connect Proposed 8" to Existing 20" 1 EA S 9,60000 $ 9,60000 $ 11,000 00 $ 11,000 00 $ 1,18019 $ 1,16019 003 Connect Proposed 6" to Existing 6" 1 EA $ 3,50000 $ 3,50000 $ 2,400.00 $ 2,40000 $ 5,10897 $ 5,10897 4015 001 Abandon Existing Water Lines 1,580 LF 5 400 $ 6,32000 $ 1500 $ 23,700 00 $ 567 S 8,95860 605 001 12" x 114" Steel Casing 273 LF S 9500 $ 25,935 00 $ 165.00 S 45,045 00 $ 18955 S 51,747 15 605 002 16" x 114" Steel Casing 97 LF $ 11000 $ 10,670 00 $ 195.00 $ 18,915 00 $ 15506 $ 15,040 82 810 001 6 -inch Class 150 C-900 PVC 1,310 LF $ 64.00 $ 83,840 00 $ 7050 S 92,355 00 $ 4235 $ 55,478 50 810 002 8 -inch Class 150 C-900 PVC 545 LF $ 7500 $ 40,875.00 $ 7250 S 39,512 50 $ 7148 S 38,956.60 608 001 Furnish & Install Fire Hydrant Assembly 6 EA $ 4,90000 $ 29,400 00 $ 3,600.00 S 21,600 00 $ 8,42468 S 50,548 08 808 002 Remove & Salvage Fire Hydrant Assembly 1 EA $ 50000 $ 50000 $ 500.00 $ 50000 $ 3,83473 S 3,83473 811 001 Furnish & Install 8" Gate Valve 4 EA $ 1,30000 $ 5,200 00 $ 1,375.00 $ 5,50000 $ 3,14549 $ 12,581 96 811 002 Furnish & Install 6" Gate Valve 9 EA S 90000 $ 8,10000 $ 97500 S 6,77500 $ 2,73057 $ 24,575 13 801 001 Furnish & Install 8" x 8" MJ Tee 1 EA $ 46000 $ 46000 $ 350.00 $ 35000 $ 2,42284 S 2,42284 801 002 Furnish & Install 6" x 6" MJ Tee 2 EA S 38000 $ 76000 $ 30000 S 60000 $ 2,26936 $ 4,53872 801 003 Furnish & Install 8" 90 -degree Bend 1 EA $ 320.00 $ 32000 $ 25000 S 25000 $ 2,26232 $ 2,26232 801 004 Furnish & Install 8" 45 -degree Bend 2 EA $ 30000 $ 600.00 $ 22500 S 45000 $ 2,22304 $ 4,44608 801 005 Furnish & Install 6" 45 -degree Bend 7 EA $ 260.00 $ 1,820.00 $ 200.00 $ 1,40000 $ 2,131.96 $ 14,923 86 801 006 Furnish & Install 8" x 6" Reducer 2 EA $ 24000 $ 48000 $ 20000 $ 400.00 $ 2,18911 S 4,37822 801 007 Furnish & Install 6" x 2" Tap Cap 1 EA S 20000 $ 200.00 $ 175.00 $ 17500 $ 2,021 56 $ 2,021 56 801 008 Furnish & Install 8" Solid Sleeve 4 EA $ 27000 $ 1,08000 $ 1,80000 $ 7,200 00 $ 1,22479 S 4,89916 801 009 Furnish & Install 6" Solid Sleeve 6 EA $ 22000 $ 1,32000 $ 95000 S 5,70000 $ 1,16345 S 6,98070 801 010 Furnish & Install 2" Temporary Flushout 1 EA $ 40000 $ 400.00 $ 40000 $ 40000 $ 2,13842 $ 2,13842 2505 001 Furnish & Install 1" Long Side Service Connection 2 EA $ 82000 $ 1,64000 $ 80000 $ 1,60000 $ 5,200 29 S 10,400 58 2505 002 Furnish & Install 1" Short Side Service Connection 3 EA $ 52000 $ 1,56000 $ 50000 $ 1,500.00 S 1,73866 $ 5,21598 2505 003 Furnish & Install 2" Long Side Service Connection 2 EA S 1,44000 $ 2,88000 $ 1.25000 $ 2,50000 $ 6,29041 S 12,580 82 2505 004 Furnish & Install 2" Short Side Service Connection 3 EA S 1,000.00 $ 3,000.00 $ 95000 $ 2,85000 $ 2,43412 S 7,30236 2505 005 Furnish & Install Meter Boxes & Electronic Readers 10 EA S 40000 $ 4,00000 $ 52500 $ 5,25000 $ 94295 S 9,42950 2317 001 Cement Stabilized Backfill 412 CY $ 3000 $ 12,360 00 $ 4500 $ 18,540 00 $ 5702 $ 23,492.24 340 001 Asphalt Pavement Replacement 245 SY $ 4000 $ 9,800.00 $ 40.00 S 9,80000 $ 6261 $ 15,339 45 530 1 001 lConcrete Pavement Replacement 50 1 SY 1 $ 12000 1 $ 6,00000 1 $ 8000 1 $ 4.00000 1 $ 5752 1 S 2,876 00 SUBTOTAL POTABLE WATER 282,620.00 347,267.50 428,059.54 BID TABULATION South Major Drive Water and Sewer Relocation Bid Number: WU0117-04 BID OPENING DATE; Thursday, February 23, 2017 Page 2 of 2 SANITARY SEWER 708 BRYSTAR CONTRACTING ALLCO EXCAVATION & CONSTRUCTION EA Beaumont, TX Beaumont, TX Port Arthur, TX $ 21,900 00 Bryan Phelps T.W. Harrison Eric Gilchriest Spec. Item 1 Estimated S 4,80000 Unit S 4,05000 Unit S 6,854.89 Unit 708 No. I No. DESCRIPTION Quantity Unit Price Total Price Total Price Total SANITARY SEWER 708 001 Furnish & Install Sanitary Sewer Manholes 6 EA $ 4,60000 $ 27,600.00 $ 3.65000 $ 21,900 00 $ 6,73450 $ 40,407 00 708 002 Remove & Replace Existing Sewer Manholes 1 EA S 4,80000 $ 4,80000 S 4,05000 S 4,050.00 S 6,854.89 S 6,85489 708 003 Remove or Abandon Existing Sewer Manholes 3 EA $ 90000 $ 2,700.00 $ 85000 $ 2,55000 $ 3,83473 $ 11,504 19 702 001 8 -inch SDR -26 PVC 44 LF $ 11000 S 4,840,00 $ 76.50 $ 3,36600 $ 9236 $ 4,063.84 702 002 12 -inch SDR -26 PVC 1,223 LF $ 87.00 S 106,401 00 $ 81 75 S 99,980.25 $ 126.67 $ 154,917 41 702 003 12 -inch SDR -26 PVC - direct bore 102 LF $ 10500 S 10,710,00 $ 137.00 S 13,974.00 S 28743 $ 29,317 86 4015 001 Abandon Existing Sewer Lines 1,350 LF S 500 $ 6,75000 S 7.00 $ 9,45000 $ 14.60 $ 19,710 00 2534 001 Replace Long Side Service Connections 6 EA S 1,30000 $ 7,80000 $ 1,80000 $ 10,800.00 $ 4,57627 S 27,457 62 2534 002 Replace Short Side Service Connections 6 EA $ 1,100.00 $ 6,600.00 S 80000 $ 4,80000 $ 4,541 07 $ 27,246.42 712 001 Trench Safety Plan 1 LS $ 1,50000 S 1,500.00 $ 75000 $ 75000 S 19,173 63 S 19,173 63 712 1 002 1 Trench Safety System 1 1.400 1 LF 1 $ 100 1 S 1,40000 1 $ 100 1 S 1,400.00 1 $ 1643 1 $ 23.002 00 SUBTOTAL SANITARY SEWER $ 181,101.00 TOTAL - POTABLE WATER and SANITARY SEWER $ 463,721.00 ALTERNATE BID ITEMS 173,020.25 520,287.75 363,654.86 791,714.40 813 001 6 -inch HDPE DR71 by Directional Drill 1,310 LF $ 7000 $ 91,700 00 $ 8250 $ 108,075 00 $ 9597 $ 125,720 70 813 002 8 -inch HDPE DR11 by Directional Drill 545 LF $ 8000 $ 43,600.00 $ 8650 $ 47,142 50 $ 8049 $ 43,867.05 605 001 14" x 1l4" Steel Casing 273 LF $ 10500 $ 28,665 00 $ 17000 $ 46,410 00 $ 22803 $ 62,252 19 605 002 18" x 114" Steel Casing 97 LF $ 12000 $ 11,640.00 $ 20000 $ 19.400 00 $ 30993 $ 30,063 21 TOTAL - ALTERNATE BID ITEMS 175,605.00 221,027.50 261,903.15 Acknowledge Addenda 1 - 4 Yes Yes Yes Bid Summary Yes Yes Yes Bid Bond Yes Yes Yes Corporate Resolution Yes Yes Yes Information Required of Bidder Yes Yes Yes Statement of City Charter Provision on Conflict of Interest Yes Yes Yes Conflict of Interest Questionnaire Yes Yes Yes Schedule C MBE Participation) Yes Yes Yes Insurance Verification Affidavit Yes Yes Yes Mobilization Not to Exceed 3% of Bid Yes Yes No Electronic Copy of Bid Schedule Enclosed with Bid Yes Yes No RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $474,306.00 to furnish all labor, materials, and equipment for the South Major Drive Water and Sewer Relocation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Brystar Contracting, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - 3 March 21, 2017 Consider a resolution authorizing the City Manager to award a bid to Layne Christensen Company, of Houston for the Loeb Water Well Site — Well No. 3 Rehabilitation Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to Layne Christensen Company, of Houston, Texas in the amount of $255,165.00 for the Loeb Water Well Site — Well No. 3 Rehabilitation Project. BACKGROUND The City currently owns and operates three (3) groundwater supply wells at the Loeb Water Well Site. These wells and the associated tanks, pumps, and chemical dosing equipment help supply potable water to the City's water transmission and distribution system. The Well No. 3 pump/motor assembly was recently removed and inspected; revealing the need for repairs. On January 24, 2017, by Resolution No. 17-013, all previous bids were rejected, resulting in a rebid of the project. On February 23, 2017, re -bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Two (2) bids were received as follows: Based on a review of the bids received and the extensive qualifications of the low bidder, the City Water Utilities Engineer recommends award to Layne Christensen, Co. The recommended award is for Base Bid Items No. 1 through 23 and Additive Alternate Bid Items No. 24, 25, and 26. A total of 120 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. Additive Contractor Location Total Base Bid Alternate Total Award Items 24, 25, Amount & 26 Layne Christensen, Co. Houston, TX $209,585.00 $45,580.00 $255,165.00 Alsa , Inc. Houston, TX $237,600.00 $45,000.00 $282,600.00 Based on a review of the bids received and the extensive qualifications of the low bidder, the City Water Utilities Engineer recommends award to Layne Christensen, Co. The recommended award is for Base Bid Items No. 1 through 23 and Additive Alternate Bid Items No. 24, 25, and 26. A total of 120 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. tE OF BID TABULATION Loeb Water Well Site -Well No. 3 Rehabilitation (Bid No. WU0117-06) REBID BID OPENING DATE: Thursday, February , 2017 ••.................. .......: The Bid ProGGttab submitted have been reviewed and to the best of my k owi ate tabulation of the bids received / PAULA. ZAPPI /� / Reviewed Pippins III, Water Utilities Designer 11 Date: 31112017 Designed By: P a E, Water Utilities Engineer Date: 3/1/2017 119, _ : _kao LAYNE CHRISTENSEN COMPANY ALSAY INCORPORATED ITEM NUMBER QUANTITY UNIT DESCRIPTION HOUSTON, TX HOUSTON, TX RON RAMSEY JIM CALDWELL UNIT PRICE TOTAL UNIT PRICE TOTAL BASE BID ITEMS ITEM NO 1 1 LS Mobilization/Demobilization $ 16,970 00 S 16,970 00 $ 8,00000 $ 8,00000 ITEM NO 2 3 LS Well Video Inspection $ 1,18000 $ 3,540.00 $ 1.80000 $ 5,40000 ITEM NO 3 27,250 GAL Acid Chemical Mixture $ 310 $ 84,475 00 $ 220 $ 59,950 00 ITEM NO 4 1 LS Acid Cleaning, Solids Removal, & Slurry Handling $ 12,690 00 $ 12,890.00 $ 16,400 00 $ 16,400 00 ITEM NO. 5 12,000 GAL Acid Cleaning Slurry Handling - Offsite Disposal $ 0.75 $ 9,00000 $ 0.40 $ 4,80000 ITEM NO 6 1 LS Wire Brush Cleaning, Solids Removal, & Slurry Handling $ 5,190 00 $ 5,190 00 $ 12,500 00 S 12,500 00 ITEM NO 7 39,000 GAL Disinfection Chemical Mixture $ 0.20 $ 7.80000 $ 040 $ 15,600 00 ITEM NO 6 2 LS Well Disinfection & Water Handling $ 13000 $ 26000 $ 1,000.00 $ 2,00000 ITEM NO. 9 2 LS Pump/Column Pipe/Line Shaft/Tubing Assembly Transportation $ 1,000.00 $ 2,000.00 $ 1,00000 $ 2,00000 ITEM NO 10 1 LS Pump Motor Transportation and Reconditioning $ 39000 $ 390.00 $ 16,490.00 $ 16,490 00 ITEM NO 11 1 FA Bowl Jump Coupling $ 27000 $ 27000 $ 600.00 $ 60000 ITEM NO. 12 1 EA Pump Head Components $ 670.00 $ 67000 $ 3,30000 $ 3,30000 ITEM NO 13 1 LS Pump Column Piping $ 2,33000 S 2,330.00 $ 3,40000 S 3,400.00 ITEM NO 14 1 LS Pump Tubing & Couplings $ 1,99000 $ 1,99000 $ 8,00000 $ 8,00000 ITEM NO 15 16 EA Pump Tubing Bearings $ 150.00 S 2,400.00 $ 17000 $ 2,72000 ITEM NO 16 1 LS Pump Line Shafts $ 1,66000 $ 1,66000 $ 1.59000 $ 1,59000 ITEM NO 17 1 LS Other Pump Components $ 67000 $ 67000 $ 2.00000 S 2,00000 ITEM NO. 18 1 LS Install Pump/Motor/Other Assembly $ 11,790 00 S 11,790.00 $ 13,500.00 S 13,50000 ITEM NO 19 1 LS Test Pump/Motor Assembly $ 58000 $ 58000 $ 16,000.00 $ 18,000 00 ITEM NO 20 1 LS Well Step Rate Testing $ 4,15000 $ 4,150.00 $ 13,000 00 S 13,000.00 ITEM NO 21 1 LS Well Constant Rate Testing $ 56000 $ 56000 $ 7,50000 $ 7,50000 ITEM NO. 22 1 LS Water Level Sensor Tubing $ 20,000.00 $ 20,000 00 $ 85000 $ 85000 ITEM NO. 23 1 ALLOW Miscellaneous Well Rehabilitation $ 20,000 00 $ 20,000 00 $ 20,000.00 $ 20,000 00 ADDITIVE ALTERNATE BID ITEMS ITEM NO 24 1 LS Sonar Jetting $ 13,260 00 $ 13,260 00 $ 9,000.00 $ 9.00000 ITEM NO 25 1 LS Alternate Well Pump Bowl Assembly $ 24.940,00 $ 24,940.00 $ 26,000 00 $ 26,000.00 ITEM NO 26 2 MON Office Trailer $ 3,690.00 $ 7,38000 $ 5.00000 $ 10,000 00 BASE BID QUANTITIES TOTAL $ 209,585 00 $ 237,600 00 ADDITIVE ALTERNATE BID QUANTITIES TOTAL $ 45,580 00 $ 45,000 00 TOTAL $262,W0.00 Bid (Page 13) Yes Yes Bid Schedule (Page 15a-150 Yes Yes Moblization/Demobilization Not to Exceed 10% of Total Project Bid Yes Yes Bid Summary (Page 16) Yes Yes Corporate Resolution (Page 17) Yes Yes Bid Bond (Page 18) Yes Yes Information Required of Bidder (Page 19) Yes Yes Conflict of Interest Questionnaire (Page 22) Yes Yes Statement of City Charter Provision on Conflict of Interest (Page 24) Yes Yes Insurance Requirement Affidavit (Page 39) Yes Yes Schedule of MBE Participation (Page 47) Yes Yes RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Layne Christensen Company, of Houston, Texas, in the amount of $255,165.00 for the Loeb Water Well Site -Well No. 3 Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Layne Christensen Company, of Houston, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - FA .A March 21, 2017 Consider a resolution approving the purchase of five defibrillators for use in the Emergency Medical Services Division and the Fire Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of five (5) defibrillators for use in the Emergency Medical Services (EMS) Division and the Fire Department. BACKGROUND The defibrillators will be purchased from Physio -Control, Inc. of Redmond, Washington, in the amount of $157,573.87. The new units will replace three (3) in the EMS Division and two (2) in the Fire Department that have exceeded their expected service life. The new units will be used in an acute cardiac care response system designed for basic and advanced life support. Pricing was obtained from Physio -Control as a sole source provider. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the City Council hereby approves the purchase of five (5) LP15V4 Monitor/Defibrillators for use by Emergency Medical Services (EMS) and the Fire Department from Physio -Control, Inc., of Redmond, Washington, a sole source provider, in the amount of $156,573.87. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - March 21, 2017 Consider transferring a solid waste transportation service agreement TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer 4? MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider transferring a solid waste transportation service agreement. BACKGROUND On November 14, 2016, Impact Waste LLC sent a letter to the City indicating that they bought Industrial Transportation Waste LLC (ITW). ITW has a solid waste franchise agreement with the City of Beaumont. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Six (6) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Impact Waste serves southeast Texas with its corporate office located at 6315 N Hwy 347, Beaumont, TX. Impact Waste has requested that the City Council transfer the franchise agreement from ITW to Impact Waste. The existing franchise provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, unless provided in the ordinance granting the same, no public utility franchise shall be transferable except with the approval of the City Council expressed by ordinance. Attached is a copy of the franchise agreement for your review. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ORDINANCE NO. ENTITLED AN ORDINANCE APPROVING THE TRANSFER OF A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO IMPACT WASTE LLC. WHEREA, Industrial Transportation Waste, LLC (ITW) has an existing solid waste franchise agreement to engage in the business of collecting, hauling, and transporting in the City any garbage, waste, or refuse; and, WHEREAS, Impact Waste, LLC has acquired all interest in ITW; and, WHEREAS, Impact Waste, LLC is requesting the transfer of the ITW solid waste franchise agreement to Impact Waste, LLC; and, WHEREAS, the City Council desires to approve the transfer of such franchise agreement to Impact Waste, LLC; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT-. Section 1. Grant of Authority There is hereby approved by the City the transfer of the Industrial Transportation Waste, LLC solid waste collection franchise to Impact Waste, LLC and hereby grants the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the regular business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Car-tinn R Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. I.T:92"M The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. nIntionc Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Impact Waste LLC PO Box 20413 Beaumont, Texas 77720 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Cortinn 1 r% It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 21 st day of March, 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of .2017. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of ACCEPTANCE: Impact Waste, LLC By: (Company Owner/Representative) , 2017. - Mayor Becky Ames - March 21, 2017 Consider a resolution approving a four year lease purchase agreement with Baystone Government Finance of Manhattan, Kansas at a fixed interest rate of 2.66% for a Pierce Saber Fire Pumper Truck TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer " MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution approving a four (4) year lease purchase agreement with Baystone Government Finance of Manhattan, Kansas at a fixed interest rate of 2.66% for a Pierce Saber Fire Pumper Truck. BACKGROUND On December 6, 2016, Council approved a reimbursement resolution for a lease purchase agreement to reimburse the City for the purchase of one (1) Fire Pumper Truck in the amount of $652,000.00. Bids were requested for a fixed interest rate to finance the truck with the first annual payment in arrears following the purchase of the truck which was in October of 2016. The total lease purchase cost including interest of $43,927.00 is $695,927.00. Bids were solicited from eighteen (18) vendors with one (1) response received. Bid tab is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on December 6, 2016, the City Council of the City of Beaumont, Texas adopted Resolution No. 16-247 approving a lease purchase agreement to reimburse the City for the purchase of one (1) Fire Pumper Truck in the amount of $652,000.00; and, WHEREAS, bids were requested for a fixed interest rate to finance the truck with the first annual payment in arrears following the purchase of the truck which was in October, 2016; and, WHEREAS, the total lease purchase cost including interest of $43,927.00 is $695,927.00; and, WHEREAS, bids were received for a four (4) year lease purchase agreement for the lease purchase of a Pierce Saber Fire Pumper Truck; and, WHEREAS, Baystone Government Finance, of Manhattan, Kansas, submitted a bid at a fixed interest rate of 2.66%; and, WHEREAS, the City Council is of the opinion that the bid submitted by Baystone Government Finance, of Manhattan, Kansas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Baystone Government Finance, of Manhattan, Kansas, for a four (4) year lease purchase agreement at a fixed interest rate of 2.66% and a total lease purchase cost of $695,927.00, as shown on Exhibit "A," attached hereto, for the lease purchase of a Pierce Saber Fire Pumper Truck, be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a four (4) year lease purchase agreement with Baystone Government Finance, of Manhattan, Kansas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames - Financing Agreement February 7, 2017 Page 2 AMMORTIZATION SCHEDULE FOR LEASE PURCHASE FINANCING AGREEMENT Payment No. Principal Interest Total Annual Payment Option to Purchase 1 $156,638.55 $17,343.20 $173,981.75 $499,697.69 2 $160,805.14 $13,176.61 $173,981.75 $336,759.26 3 $165,082.55 $8,899.20 $173,981.75 $170,219.89 4 $169,473.76 $4,507.99 $173,981.75 $0.00 TOTAL $652,000.00 $43,927.00 $695,927.00 EXHIBIT "A" March 21, 2017 Consider a resolution approving a contract with Robert's Havoline Express Lube of Beaumont to provide preventive maintenance for city vehicles BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 21, 2017 REQUESTED ACTION: Council consider a resolution approving a contract with Robert's Havoline Express Lube of Beaumont, TX, to provide preventive maintenance for city vehicles. BACKGROUND Bids were requested for an annual contract to provide preventive maintenance services such as oil changes, tire checks, fluid checks and grease checks. Preventative maintenance services for approximately one hundred forty (140) police patrol units are currently required every thirty (30) days. Preventative maintenance services for approximately three hundred eighty (380) other city vehicles are currently required every ninety (90) days. Specifications allow for a one (1) year contract with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract. Robert's Havoline Express Lube submitted a qualified bid in an estimated annual cost of $79,535.25. In FY16, the City spent about $122,000 for these services with the use of conventional oil. The new contract was bid using a synthetic blend oil as opposed to conventional oil. With the use of a synthetic blend of oil as opposed to a conventional oil, the City should be able to reduce the amount of service intervals, quantity of oil used, and related maintenance costs associated with the City vehicles resulting in a lower annual cost to the City. Bids were requested from seven (7) vendors with five (5) responses. Beaumont Frame & Front End submitted a no bid by not listing any prices for services. Bid tab is attached. FUNDING SOURCE General Fund (83%), Water Utilities Fund (14%) and Solid Waste Fund (3%). RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract, with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract, for automotive preventive maintenance for city -owned vehicles; and, WHEREAS, Robert's Havoline Express Lube, of Beaumont, Texas, submitted a bid for an estimated total annual expenditure of $79,535.25 in the unit amounts shown on Exhibit 'A" attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Robert's Havoline Express Lube, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Robert's Havoline Express Lube, of Beaumont, Texas, for an annual contract, with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract, for automotive preventive maintenance for city -owned vehicles for an estimated total annual expenditure of $79.535.25 in the unit amounts shown on Exhibit "A" be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Robert's Havoline Express Lube, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2017. - Mayor Becky Ames - B EAU M4 N T CITY OF BEAUMONT, BEAUNI TEXAS T E x A f PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR AUTOMOTIVE PREVENTIVE MAINTENANCE (REBID) Bid Number: CF0117-12 Bid Opening: Thursday, February 23, 2017 pt 2:00 PM Contact Person: Cynthia Miller cmillera beaumontlexas.9oy Phone. 409-880-3757 Vendor ROBERT'S HAVOLINE XPRESS LUBE 1MPLK, INC DBA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame 8 Front End City l State Beaumont Beaumont Beaumont Beaumont Beaumont Phone No. (409)840. 9993 409) 842-9585 (409)861-3641 (409) 899-4000 (409) 842-5023 SECTION I Est. Annual Urn Extended Unit Extended Unit Extended Unit Extended Unit VlhlCl! T Qty Pike Price Prim Prim Price Price Price Price Rin Automobiles, pickups and vans, includes quarts Of oil 120 $27.95 S3,354.00 S36.65 $4,398.00 522.99 $2,758.80 544.75 $5,370.00 n/a Automobiles, pickups and vans, includes 6 uarts Of OII 384 $29.95 $11,500.80 WAS SIS 544.32 $26.99 $10,364.16 $48.76 S18,723.84 n/a GM Automobiles, Pickups, Vans, and SUVs from 2011 and newer, includes 6 is Of Dexos 1 licensed oil. 564 532.95 518,583.80 $43.18 $24,353.52 350.99 S28,758.36 551.95 $29,299.80 n/a Diesel Pickup Trucks, includes 10 quarts of oil 60 $35.95 S2,157.00 S66.50 53,990.00 $45.99 $2,759.40 $92.13 $4.927.80 n/a Power Stroke Diesel Pickup Trucks, includesl3 Bartsofoil 228 538.95 $8,880.60 588.70 520.223.60 559.99 $13,677.72 594.16 $21,468.48 n/a Power Strock Diesel pickup Trucks, includes I5 quarts of oil 24 340.95 5982.80 595.50 $2,292.00 $64.99 $1,559.76 5102.18 52.452.32 n/a Ford Explorer SUV, includes 5 quarts of oil 180 $27.95 $5,031.00 $36.65 $6597.00 $22.99 $4,138.20 546.00 $8.180.00 n/a Generators, Onan 5500 Oil change, includes 2 uarts of oil 168 59.95 51,671.60 $18 99 53,190.32 622.99 $3,862.32 $49.95 $8,391.60 n/a Total: $52,161.60 $80,588.76 $67,878.72 598,913.84 IN 2 PART II 2007-2012 Ford Crown Victoria, 4.6 Liter, V-8 Gasoline Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DBA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame 6 Front End City I State BEAUMONT Beaumont BEAUMONT BEAUMONT BEAUMONT Phone No. (409) 840-9993 (409) 842-9585 (409) 861-3641 (409) 899-4000 (409) 842-5023 Services Provided EST UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST UNIT EXT PRICE EST UNIT E PRICE Automotic Transmission Service/ pan $79.99 $139.99 5172.18 na drop 1 $79.95 $79.95 1 $79.99 1 S139.99 1 $172.18 1 na Automotic Transmission Service/ 599.99 5139.99 $199.50 na flush 1 $69.95 569.95 1 599.99 1 $139.99 1 $199.50 I na Air Filter 32 $14.95 $478.40 32 56.99 $223.68 32 514.99 5479.68 32 $22.38 5716.16 32 na na Fuel Filter 19 524.95 $474.05 19 $27'99 $531.81 1 19 $34.99 5664.81 19 S52.06 5989.14 19 Total Price 31,181si 8935 47 $1,424 47 82,076 98 na PART II 2009 -PRESENT FORD FUSION, 3.8 LITER, V6 GASOLINE Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DRA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame 6 Front End City l State BEAUMONT Beaumont REALMONT BEAUMONT BEAUMONT Phone No. (409) 840-9993 (4.9).42 9585 (409)861-3641 (409) 899-4000 (409) 842-5023 Services Provided EST UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EST PRICE EST UNIT EXT PRICE EST UNIT EST PRICE USAGE USAGE PRICE USAGE PRICE utomotc ransmssanService/ flush I $69.95 $69.95 $99.99 1 599.99 1 $139.99 $13999 1 $223.26 $223.26 I na Air Filter 17 $12.95 S220.15 17 511.70 5198.90 17 516.99 5288.83 17 $25.21 1 5428.57 17 Total Price : $298.89 8428.82 8651.83na PART 11 1999 -PRESENT FORD F SERIES PICKUP, 5.0 LITER, GASOLINE Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DRA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame 6 Front End City I State BEAUMONT Beaumont REALM NT BEAUMONT BEAUMONT Phone No. (409) 840-9993 (409) 842-9585 (409) 861-3641 (409) 899-4000 (409) 842-5023 Services Provided UNIT RICE EXT PRICE EST USAGE UNIT RICE EXT PRICE EST USAGE UNIT PRICE EXT PR UNIT EXT PRICE IT EXT PRICE FI USAGE USAGE RIE USAGE RIST E utomo0c Transmission nice/ pan dro 2 S79.95 5159.90 $79.99 2 3159.98 2 $139.99 5279.98 2 5180.50 5361.00 2 na na Automotic Transmission Service/ 599.99 S139.99 5216.71 na flush 1 . $6995 $69.95 1 $99.99 1 5139.99 1 $216.71 I na Air Filter 97 $14.95 $1450.15 97 514.99 $1454.03 97 516.99 51648.03 97 532.50 53152.50 97 na na Fuel Filter 8 $32.95 5263.60 8 $27.99 $223.92 8 S34.99 5279.92 8 n/a n/a 8 n/a n/a Total Price i, $1,93792 $2,34792 $3,73021 na PART 11 2002 -PRESENT , GM SUV, 5.3 LITER, GASOLINE Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DBA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame 6 Front End City I State BEAUMONT Beaumont BEAUMONT BEAUMONT BEAUMONT Phone No. (409) 840-9993 (409) 842-9585 (409)861-3641 (409) 899-4000 (409) 842-5023 Services Provided EST UNIT PRICE EXT PRICE EST USAGE UNIT RICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST UNIT EXT PRICE EST UNIT E%7 PRICE USAGE USAGE PRICE USAGE PRICE Automotic TransmissionService/ pan 579.99 5139.99 $154.10 na drop. I 57995 $79.95 1 S79.99 1 $139.99 1 $154.10 I na Automotic Transmission Service/ $99.99 $139.99 5216.50 na flush 10 569.95 $699.50 10 $999.90 10 $1,399.90 10 $2165.00 10 na Air Filter 101 $14.95 SI 509.95 101 $13.49 51362.49 101 516.99 $1,715.99 101 530.55 $3,085.55 101 na n. Fuel Filter 1 $24.95 $24.95 1 $27.99 527.99 1 1 $34.99 534.99 1 1 $92.65 $92.65 1 na na Total Price 1 33,314,38" $2,470.37 $3,29087 $5,497.30 PRESENT FORD EXPLORER, 3.7 LITER, GASOLINE PART 11 2007- Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DRA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame d Front End Cltyl State BEAUMONT Beaumont REALM NT BEAUMONT BEAUMONT Phone No. (409) 840-9993 (409) 842-9585 (409) 861-3641 (409) 899-4000 (409) 842-5023 Provided EST UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST UNIT EXT PRICE EST UNIT EXT PRICE Services USAGE USAGE PRICE USAGE PRICE 57om5771ransmissionService/ flush I $69.95 $69.95 S99.99 1 $99.99 1 5139.99 $139.99 I 5199.50n. $199.50 1 na Air Filter 7 3141.95 5104.65 7 $11.25 578.75 7 516.99 $118.93 7 532.50 5227.50 7 na Total PIIce :174.80 8178 74 $258 92 $427 00 Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DRA THE LUBE SHOP Johnson Xpress lube FUKD h StKItS Pl(-KUN, b.4 LI I LK VM, NUWtK J I KUKt, Ult�)tL Kinsel Motors Beaumont Frame S Front End City / State BEAUMONT Beaumont BEAUMONT JMPKL INC.DBA THE LUBE SHOP Johnson Xpress Lube BEAUMONT BEAUMONT Phone No. (409) 840-9993 (409) 842-9585 (409)861-3641 BEAUMONT Beaumont (409) 899-4000 (409) 842-5023 Provided EST UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST UNIT EXT PRICE (409) 861 -3641 UNIT EXT PRICE Services USAGE (409) 842-5023 Services Provided USAGE PRICE SAGEST USAGE PRICE utomohc Transmission ince/ pan UNIT EXT PRICE PRICE 5149.99 UNIT EXT PRICE PRICE $139.99 rvice/pan $196.28na $14999 1 5149.99 $139,99 I dro 579.95 I 579.95 I 5149.99 I $139.99 1 5196.28 I na Automotic Transmission Service/ $149.99 5216.71 5159.99 na flush 5216.71 I na flush 569.95 I 569.95 I $149.99 1 5159.99 1 $216.71 I na Air Fitter 10 514.95 $149.50 10 $79.99 5799.90 10 579.99 $799.90 10 $75.38 5753.80 10 na Fuel Filter 42 $32.95 $1,383.90 42 $87.99 53,695.58 42 5119.99 $5,039.58 42 5132.49 $5,564.58 42 na na Total Price $1,05.80 Total Price 1 S4, 195.46 1111111111111111f $6,13946 $6,731.37 na PART II 2008-201 0, FUKD h StKItS Pl(-KUN, b.4 LI I LK VM, NUWtK J I KUKt, Ult�)tL Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DBA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame 6 Front End City / Stale BEAUMONT Beaumont BEAUMONT BEAUMONT BEAUMONT Phone No. (409) 840-9993 (409) 842-9585 (409) 861 -3641 (409) 899-4000 (409) 842-5023 Services Provided EST UNIT PRICE EXT PRICE USAGE EST USAGE UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST USAGE UNIT EXT PRICE PRICE EST USAGE UNIT EXT PRICE PRICE utomob< Transmission dropI rvice/pan 57995 S79.95 $14999 1 5149.99 $139,99 I S139.99 1 $219.28 $219.28 1 na na Automotic Transmission Service/ $149.99 5159.99 5216.71 na flush I . 56995 $69.95 1 5149.99 1 $159.99 1 5216.71 1 na Air Filter 31 $69.95 S2 168.45 31 $81.99 S2,541.69 31 569.99 S2.169.69 31 575.38 $2.336.78 31 na na Fuel Filter 120 569.95 $8,394.00 120 587,99 510,558.80 120 $124.99 $14,998.80 120 $132.49 515,898.80 120n,na Total Price 1 $13,40047 E17,46847 $1867157 na PART II 2011 - PRESENT, FORD F SERIES TRUCKS, 6.7 LITER POWER STROKE, DIESEL Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DBA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame 6 Front End City) state BEAUMONT Beaumont BEAUMONT BEAUMONT BEAUMONT Phone No. (409) 840-9993 (409) 842-9585 (409)861-3641 (409) 899-4000 (409) 842-5023 Provided EST UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST UNIT EXT PRICE EST UNIT EXT PRICE Services USAGE USAGE PRICE USAGE PRICE utomoUcTransmission Semice/ pan $79.95 $149.99 $139.99 5189.33 na drop I $79.95 I 5149.99 I S139.99 I $189.33 I na Automotic Transmission flush Service/ 1 569.95 569.95 5149.99 1 5149.99 3159.99 I 5159.99 1 5216.71 5216.71 I na na Air Filter 83 $14.95 $1,240.85 83 529.99 52489,17 83 S49.99 54149.17 83 $32.00 $2656.00 83 nana Fuel Filter 150 $32.95 $4,942.50 150 $99.99 514,998.50 I50 $124.99 518,748.50 150 5148.75 $22,312.50 150 ra na Total Price «$33.28 517.787 65 523,197 65 525.374 54na pear II 1 1996-2007 FORD F SERIES PICKUP. 7.3T -V8. POWER STROKE. DIESEL Vendor ROBERTS HAVOUNE XPRESS LUBE 1MPKL INC.DBA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame d Front End City I State BEAUMONT Beaumont BEAUMONT BEAUMONT BEAUMONT Phone No. (409) 40-9993 (409) 842-9585 (409) 861-3641 (409) 899-4000 (409) 842-5023 Services Provided EST UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST USAGE UNIT PRICE EXT PRICE EST UNIT EXT PRICE EST UNIT EXT PRICE USAGE USAGE PRICE USAGE PRICE utomotc Transmission9;-vice/ pan$79.95 5149.99 S139.99 5200.28 na dro 1 $79.95 1 $149.99 I 3139.99 I $200.28 1 na Automotic Transmission Service/ $69.95 $149.99 5159.99 S216.75 na flush I 569.95 1 $149.99 1 5159.99 1 $216.75 1 na Air Filter 12 $18.95 5227.40 12 $16.99 $203.88 12 S24.99 $299.88 12 $41.75 5501.0012 na na Fuel Filter 17 $68.95 $1,172.15 17 $49.99 4849.83 17 SS9.99 $1,019.83 17 5106.00 $1,802.00 17 na na Total Price $1.549.45 31 , 1 $1,619.69 $2,720.03 PART HI WINDSHIELD WIPERS Vendor ROBERTS HAVOLINE XPRESS LUBE JMPKL INC.DRA THE LUBE SHOP Johnson Xpress Lube Kinsel Motors Beaumont Frame d Front End city /state BEAUMONT BEAUMONT BEAUMONT BEAUMONT BEAUMONT Phone No. (409) 840-9993 (409) 842-9585 (409) 861-3641 (409) 899-4000 (409) 842-5023 PRICE PRICE PRICE PRICE PRICE Full Frame Replacements, I6' -I8', Anco, Bosch, Ralnx Only. ` NON -GM $9.95 $5.60 S9.47 514.83 na Full Frame Replacements, 19'-21', Anco, Bosch, Ralnx Only, NON -GM $9.95 $6.80 $9.47 - $14.83 na Full Frame Replacements, 22', Anco, Bosch, Rainx Only, NON - GM $9.95 $8.40 S9.47 414.83 na Full Frame Replacements, 16', 18',19',20',21',22', GM Vehicles 2011 and newer and all other vehicles that use the frameless wiverblades. $9.95 315.99 S22.99 $14.83 na Wiper Replacement, 16'-20', GM vehicles 2011 and newer and all other vehicles that use frameless wiper blades. 59.95 $22.99 414.83 Wiper Replacement, I6'-20'. GM vehicles 2011 and newer and all other vehicles that use frameless wiper blades. S9.95 S I i 99 S22.99 $14.83 $59.70 -7 -- $97.38 $88 98 Total Price kriir-AND] WXiiIIs] USIIl_1.Ism 111 Vendor ROBERTS HAVOLINE XPRE55 LUBE JMPKL INC.DB4 THE LUBE SHOP ROBERTS HAVOLINE %PRESS LUBE Kinsel Motors Beaumont Frame & Front End City / State BEAUMONT I Beaumont BEAUMONT BEAUMONT BEAUMONT Phone No. (409)840 9993 (409) 842-9585 (409)840 9993 (409) $99-4000 (409) 842-5023 TOTAL PRICE FOR SECTIONS I II AND III $79,535.25 $125,211.49 $126,032.18 $168,071.85 na Low qualified bidder is Robert's Havoline Express Lube of Beaumont, Texas PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2017 Annual Action Plan BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager c 56 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 21, 2017 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2017 Annual Action Plan. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years prior to adopting the City's Annual Action Plan. Planning & Community Development staff, along with the Community Development Advisory Committee (CDAC), has hosted Public Hearings in order to receive public comments on the process and activities related to the 2017 Annual Action Plan. Attached is the proposed Budget for the 2017 Program Year. The proposed Preliminary Budget reflects estimated allocations of $1,266,349 in Community Development Block Grant (CDBG) funding, an estimated $100,000 in Program Income and $369,414 in HOME funding. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Conduct the Public Hearing. 2017 HUD CONSOLIDATED GRANT PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2017 Budget CLEARANCE AND DEMOLITION 55,000 Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures located in low to moderate income areas. PUBLIC FACILITY & IMPROVEMENT 892,966 Section 108 Loan Repayment for: Hotel Beaumont; Crocket Street; Jefferson Theater; Theodore R. Johns, Jr. Library; L.L. Melton YMCA PUBLIC SERVICES 65,113 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION 253,270 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. TOTAL ENTITLEMENT 1,266,349 Program Income 100,000 Small Business Loan Historic Preservation Loan Fund Clearance and Demolition *Program Income is Estimated TOTAL CDBG 1,366,349 Page 1 of 2 2017 HUD CONSOLIDATED GRANT PROGRAM HOME AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage buy downs). HOME ADMINISTRATION (10%) CHDO OPERATING (5%) (Community Housing Development Organization Operating) CHDO RESERVE (15%) (Community Housing Development Organization Reserve) ENTITLEMENT (70%) TOTAL HOME Page 2 of 2 2017 Budget 36,941 18,471 55,412 258,590 369,414 PUBLIC HEARING * Receive comments related to finding and ratifying the determination of the Director of Health that a public nuisance exists on the properties at 2175 W. Lucas, 2445 San Jacinto and 998 Van Buren, due to the accumulation of excessive litter allowing for conditions conducive to the breeding of mosquitoes and harborage of rats and order the property owners to clean the said properties within ten (10) days. If the property owners fail to comply within ten (10) days, staff is requesting City Council authorization to clean these properties and/or authorizing the City Attorney to seek legal action to have the nuisances abated March 21, 2017 Consider an ordinance finding and ratifying the determination of the Director of Health that a public nuisance exists on the properties at 2175 W. Lucas, 2445 San Jacinto and 998 Van Buren, due to the accumulation of excessive litter allowing for conditions conducive to the breeding of mosquitoes and harborage of rats and order the property owners to clean the said properties within ten (10) days. If the property owners fail to comply within ten (10) days, staff is requesting City Council authorization to clean these properties and/or authorizing the City Attorney to seek legal action to have the nuisances abated BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, RN, Public Health Director MEETING DATE: March 21, 2017 REQUESTED ACTION: After conducting a public hearing, Council consider an ordinance finding and ratifying the determination of the Director of Health that a public nuisance exists on the following properties due to the accumulation of excessive litter allowing for conditions conducive to the breeding of mosquitoes and harborage of rats and order the property owners to clean the said properties within ten (10) days. If the property owners fail to comply within ten (10) days, staff is requesting City Council authorization to clean these properties and/or authorizing the City Attorney to seek legal action to have the nuisances abated: #1) 2175 W. Lucas, Calder Highlands N40 L9 B26 S20 40 B26 Owned by Mr. Joseph Butler #2) 2445 San Jacinto, Cartwright, L3 B12 Owned by Mr. Troy Booker #3) 998 Van Buren, Oakwood, L5 56 B19 Park Model 2008 5CH2OOR 398 1153446 Owned by Roseanne Graham BACKGROUND According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance. The City's Code of Ordinances further states in Chapter 12 Section 12.07.003 that a person who owns or occupies property commits an offense if that person allows litter on that person's property. After many attempts by the City's Code Enforcement Division and the Public Health Department, the owners were notified on February 20, 2017 that their properties had been declared public health nuisances by the Public Health Director and were given ten (10) days to abate. The owners have failed to comply. FUNDING SOURCE General Fund -Public Health Department RECOMMENDATION Approval of the resolution. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN PROPERTIES TO BE PUBLIC HEALTH NUISANCES AND ORDERING ABATEMENT; AUTHORIZING CLEANUP; AUTHORIZING SUIT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Section 1. That the City Council of the City of Beaumont hereby finds and declares the properties located at: #1) 2175 W. Lucas, Calder Highlands N40 L9 B26 S20 40 B26 Owned by Mr. Joseph Butler #2) 2445 San Jacinto, Cartwright, L3 B12 Owned by Mr. Troy Booker #3) 998 Van Buren, Oakwood, L5 56 B19 Park Model 2008 5CH200R 398 1153446 Owned by Roseanne Graham to be public health nuisances in that said properties are in violation of Chapter 12, Article 12.07, Sections 12.07.002 and 12.07.003; Chapter 10, Article 10.05, Section 10.05.001; and, Chapter 10, Article 10.04, Section 10.04.003 of the Code of Ordinances of the City of Beaumont and are for want of retrieval and allowance OF the accumulation of trash, litter, debris, and water in an unsafe and unsanitary condition so as to allow for the breeding and proliferation of infectious mosquitoes and rats, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 10, Articles 10.04 and 10.05 and Chapter 12, Article 12.07 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described properties retrieve and remove all litter, trash, or debris which may become the harborage for rats or any standing or stagnant water that may become the breeding place for mosquitoes within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be cleaned at the owner's expense without further notification to the property owners or City Council action. A lien will be placed against the property as an assessment of expenses incurred for the work performed. Car+inn � That the City Attorney is hereby authorized to file and prosecute a lawsuit against the owner or owners to compel compliance with the City's Health and Safety Codes. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Cartinn 1; That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. - Mayor Becky Ames