HomeMy WebLinkAboutPACKET JAN 29 2019BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 29, 2019 1:30 PM
CONSENT AGENDA
Approval of minutes — January 22, 2019
* Confirmation of board and commission member appointments
A) Approve the renewal of anannual maintenance agreement from WatchGuard Video for
use in the Police Department
B) Authorize the City Manager to execute Change Order No. 5 for the Washington
Boulevard Project (Loma Lane east to IH -10)
C) Approve a consignment agreement with Clarke Distribution Inc., of Houston to allow for
the sale of merchandise at the Tennis Center
D) Authorize the City Manager to recognize and participate in National Library Week by
allowing a fine free week for library patrons
A
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak ig 3
MEETING DATE: January 29, 2019
REQUESTED ACTION: Council consider a resolution approving the renewal of an annual
maintenance agreement from WatchGuard Video for use in the
Police Department.
BACKGROUND
Watchguard Video is used by Police for their in -car and body camera video. This purchase is
exempt from competitive bidding since it is available from only one (1) source having exclusive
rights to modify and maintain the software.
The agreement in the amount of $108,468.00 includes both hardware and software maintenance
for the current fiscal year.
FUNDING SOURCE
Police — Confiscated Goods.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute the renewal of an
annual Maintenance Agreement with WatchGuard Video, the sole source having
exclusive rights to modify and maintain the software, in the amount of $108,468.00, for
hardware and software maintenance for use by the Police Department for in -car and
body camera video.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY,THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2019.
- 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: January 29, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute Change Order No. 5 for the Washington Boulevard
Project (Loma Lane east to IH -10).
BACKGROUND
The City of Beaumont has received funds, under the Congressional High Priority funding category,
to reconstruct Washington Boulevard from Langham Road to FM 364 (Major Drive). On
December 13, 2016, by Res. No. 16-253, Amendment No. 1 was authorized by City Council to
change the project scope to Washington Boulevard from Loma Lane east to IH -10.
Previous TxDOT Change Order Nos. 1-4, in the amount of $163,463.38, resulted in an increase
to the original contract amount making the new contract amount $1,854,345.38.
Proposed Change Order No. 5, in the amount of $65,280.65, which also includes an Engineering
and Contingency charge, is required to complete additional repairs of concrete curbs requested
by the City. The addition of thirteen (13) calendar days to the contract is requested to
accommodate the proposed work. If approved, the modification will result in an increase to the
original contract making the new contract amount $1,919,626.03.
FUNDING SOURCE
TxDOT Federal Funding and Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO. 18-086
WHEREAS, on May 1, 2007, the City Council of the City of Beaumont passed
Resolution No. 07-125 authorizing the City Manager to execute a Local Transportation
Project Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT) in the total estimated contract amount of $6,710,000.00 for the Washington
Boulevard Project; and,
WHEREAS, on December 13, 2016, the City Council of the City of Beaumont
passed Resolution No. 16-253 authorizing the City Manager to execute Local
Transportation Project Advance Funding Agreement Amendment No. 1 to change the
project scope to Washington Boulevard from Loma Lane east to 1H-10 and to decrease
the total estimated contract amount to $2,713,325.00; and,
k. WHEREAS, on September 7, 2017 TxDOT awarded a contract to Oldcastle
Materials Texas, Inc., dba Gulf Coast an Oldcastle Company in the amount of
$1,690,882.00 for the Washington Boulevard Project; and,
WHEREAS, on April 20, 2018 TxDOT submitted Change Order No. 1 to make
changes to the project"detour plans, thereby having no effect on the total contract
amount of $1,690,882.00; and,
WHEREAS, Change Order No. 2, in the amount of $160,516.80 is requested by
TxDOT to modify the pavement cross-section design, thereby increasing the total
contract amount to $1,851,398.80;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the
City Manager be
and he is hereby authorized to execute
Change
Order No. 1 for
additional work
described above, thereby increasing the
contract
amount by $160,516.80, for a total estimated contract amount of $1,851,398.80 for the
Washington Boulevard Project.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
April, 2018.
a
c�
•yor Becky Ames
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 5
Third Party Funding Notification Sheet
This form is used when the subject change order Involves funding by a source other than TxDOT/U.S. DOT, and involves third
parties who are providing funding under an Advance Funding Agreement or Donation Agreement.
1. Outside.funding-provided. by:
City Of, Beaumont '
CCSJ: 0920-38-187
(Outside.Entity's Legal Name) Project: HP 2008(125)
2. Type of outside funding agreement for this change Highway: CS
® Existing F� Amended ❑ New County: Jefferson
Check one ]
District: 20
3. Indicate the type and amount of funding:
Contract
E Fixed Price (Lump Sum) (Estimated. Amount 64,214.69 ): Number: 08173234
Actual Cdst
64,214.69
(a).•Contract Items: (Bid Items): Use as needed:
I hereby acknowledge notification of the modifications
(bp;.E&C*:. (a) x 0 1;065,96 covered.by this Change Order.
enter
(c) Indirect Cost**:. (a+ b) x P _ 0.00 ,
enter °T� . Date
TOTAL ' — 65,280.65
By_.
Typed/Printed Name
Typed/Printed Title
* The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to, project
•depending,on the. contract amount.of.the project: Projects with a higher contract amount will have a lower rate
of:E&C charger For a.specific.project, Ekrate(%)'can be derived from the cost of"Engineering and Contingencies" in
the "Estimated Cost" of the project.
** Use the statewide district rate as established by Finance Division each year This line 3(cj is for Service Project only,
Unless otherwise specified in the Advance Funding Agreement.- See Stand Alone Manual Notice 98-2 for instructions.
Funding for this Change Order has been arranged -
01/15/19
TxDOT Representative Date
Typed/Printed Name:
TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1
Texas
a4Trans7rarts -
MEMO
January'15, 2019
To: Patrick Ryan, P.E.
Director of Construction
'Fronn Kenneth J. Wiemers, P.E.
Beaumont Area Engineer
Subject: Change Order #5 -.Concrete Curb Rpairs.and Additional Days
Project: HP 2008(125) ,
Control:, 0920-38487
Highway: CS - Washington Blvd.
County: Jefferson
This change order compensates the contractor for extra work desired by the City of Beaumont,
to, repair concrete curbs on the project. Two new items. of work were added to the project. Item 529=
6011, "CONC CURB.(DOWEL)" Was'- added in order to compensate the contractor for the removal of.
existing, loose or broken concrete curb flush with .underlying concrete pavement and replacing it with
doweled concrete curb. Item 960876003, "UNIQUE `CHANGE ORDER ITEM 3" was added to the contract
in order.to compensate the contractor for additional. mobilization required by the subcontractor,in
order to complete the repairs for: the cohere#e' curbs, In order,to complete these repairs, an additional
13 days were added to complete the project,as well.as an additional three months of barricades.
This change order results in ari.additional cost of $64,214.69 to the contract.
OUR VALUES: People • AccountWitty • Trust • Honesty
OUR MISSION: Through collaboration and leadership, we deltvera safe, reliable and Integrated transportation system that enables the movement ofpeople andgoeds
M E" oppanwft Empt(*-
I, *emanager•• 'CHANGE ORDER NBR:. 5 REPORT DATE: 111'612019 9:17:03AM
11" -
CONTRACT ID:
092038187
PROJECT:
HP 2008(125)
CONTRACT:
08173234
AWARD AMOUNT:
$1,690,881.52
PROJECTED AMOUNT:
$1,690,881.52
ADJ PROJECTED AMT:
$1,849,211.19
PEND ADJ PROJ AMT:
$1,849,211.19
CONTRACTOR:
TEXAS MATERIALS GROUP, INC.
CO AMOUNT:
$64,214.69
CO TYPE:
FEDERAL PARTICIPATING
3RD PARTY AMOUNT:
$0.00
APPRV LEVEL:
HIGHWAY:
DISTRICT:
COUNTY:'
AREA ENGINEER:.
AREA NUMBER:
DESCRIPTION:
REASON:
SECONDARY REASON(S):
CS" .
20
JEFFERSON
KeinnethWlemers, P.E..
051
uncuons: -
O"Extra Work
❑ Zero.Dollar
❑ Overrun/Underrun
Time Adjustment
0 Stock Account
Concrete Curb Repairs and Additional Days '
3F - 3F -ADDITIONAL WORK DESIRED BY TXDOT
TIME EXT.#: 2 and Days adjusted on the C. 0. 13
Force Account
❑ Flnal Quantity
❑ Change Project Limits
Delete/Add CSJ
DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT 15 BEING CHANGED, WHEN"NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT:
This change order compensates the contractor for extra work"desired by the City of Beaumont, to:repair concrete. curbs on the project _Two new -items of work were
added to the project Item 529-6011, "CONC CURB -(DOWEL)"' wad added_ in order to compensate the contractor.for the removal of existing, -loose or broken concrete
curb flush with underlying concrete.pavement and replacing.It with doweled concrete curb: Item 980134003, "UNIQUE CHANGE ORDER ITEM 3" was added to the
contract in order to compensate the contractor for additional. mobl'I6 ion required by -the subcontractor, in order to complete the. repairsfor the'concrets curbs. In orderto
complete these repairs, an additional 13.days were added to complete the.project es wellas an=additional three months of barricades.
TIME ADJUSTMENTS ADJUSTED DAYS EXPLANATION "
CONTRACT 13
"By signing this change order, the contractor agrees to waive any and an claims for additional compensation due to any and all.other expenses; additional changes for time,
overhead and profit; or loss of compensation as a result of this change and3hat this agreement is made in-accordance'Item 4 and the Contract Exceptions should be noted in
explanation above."
THE CONTRACTOR
BY: DISTRICT ENGINEER:
DATE
TYPEDiPRINTED NAME:
DATE
TYPED/PRINTED TiTLE:
DATE_
AREA ENGINEER:
DATE
AREA ENGINEER'S SEAL:
DATE
DIRECTOR; CONSTRUCTION DIVISION:
DATE
DEPUTY EXECUTIVE DIRECTOR;
DATE
FHWA:
DATE
CONTRACT ID
092038167"
CHANGE ORDER NBR.
S:
Page 2 0f 3
CONTRACT ITEMS
PROJECT NBR
092038187
CATO UNE
ITEM SP
DESCRIPTION
UNIT UNIT -
ORI(i + PREV -
QTY.-
NEW
AMOUNT
NBR ITEM
CODE NBR
i
PRICE,
Rpt QTY
THIS CO
..QTY
THIS CO
001 0150
05028001 000
BARRICADES, SIGNS AND TRAFFIC HANDLING
MO 1,500.00000
4.000
3.000
7.000
_ $4,500.00
001 0325
05296011
CONC CURB (DOWEL)
LF 27.89000
0.000
2;044.000.
2,044.000
$57,007.18
ADDTL CO DESCR 1
COW
D01 0330
96088003
UNIQUE CHANGE ORDER ITEM 3
DOL 2,707.53000
0.000
1.000
1.000
$2,707.53
ADDTL CO DESCR 1
CO #5
ADDTL CO DESCR 2
ADDITIONAL MOBILIZATION REQUIRED FOR CONC CURB
REPAIRS (LS)
CHANGE ORDER AMOUNT
/^
$64,214.69 G '
I'
CONTRACT ID 092038187 CHANGE ORDER NBR. 6
FUNDING SOURCES
1. Work Program: LOCAL Work Category:. 3 Amount: $64,214.69
Page 3 of 3
"�` Manager~
CHANGE ORDER SUMMARYREPOO
REPORT
DATE: 01/15119
CONTRACT ID:
092038187
HIGHWAY:
CS
PROJECT:
HP 2008(125)
DISTRICT:
20
CONTRACT:
08173234
COUNTY:
JEFFERSON
AWARD AMOUNT:
$1,690,881.52
AREA ENGINEER:
Kenneth Wiemers, P.E.
PROJECTED AMOUNT:
$1,690,881.52
AREA NUMBER::
051
CONTRACTOR:
TEXAS MATERIALS GROUP, INC.
Total Non -Participating Amount:
0.00
Total Non-Particlpating Days:
0
CO CO
STATUS APPROVAL CONTRACT TIME
MILESTONE TIME -
3RD PARTY
CO AMOUNT
APPROVED CO
NUMBER TYPE
DATE ADJUSTMENT
ADJUSTMENT
PARTICIPATION
($}
AMOUNT$ '
001 PART
Approved 04/20/2018
$0:00
$0.00.
$0.00
Description:
Zero Dollar Change Order. -
"
002 PART
Approved. -'06/03/2.01B.-'
$0.00
$155;431.20
$155_,431.20
Description:
QUANTITY, MODIFICATION AND -EXTRA WORK
003 PART
Approved 06/28/2018 4
$0.00-'$2;898:47
$2,898.47
Description:
Level Up, Tabs; and Drainage. Clean Out
004 PART
Approved. 09/14/2018
$0.00
$0.00
$0.00
Description:
Warm Mix Asphalt Overlay
005 PART
Draft 13
$0.00.
$64214.69
$0.00
Description:.
Concrete CUrb Repairs and Additional -Days,
17.
$0:00.
$222,644.38
$158,329.87
0 0
PRICE JUSTIFICATION
Project = HP -008(W--5 E _ I Highway
CSJ [?Q820-38-�ir87� Ti",� County Jeff rs�"conlT-]
Contractor [l?MIS;,MaTERPALSiINC] CO #
This office has reviewed the unit prices submitted by the contractor and found them to be
fair and'r asonable'for the following items:
Bid Item duarrt_ ity •Unit Price -
Description Submitted
0529 11 . w:_ '. 2;044y00i [ JWF�
(GO�I�CWFB
Justification Statement:
This charege L
ordi:rfadd`sv2�044�Ffof,aQGN k0'0A6�( ,0 *Ado gon�tract at $27�Qg inUor errto� f
comper�sate.�th� ntradoroih�e�rerrioval�o , ezfstlrpg�Ilooseorrbroker��concrite cn�rbfli i urid`er
crac�refe�,paveraenta%idrep!`a_cirjg�iwlth�dovireled%�cretecu�it4Tle,pne was�m,�egatedand appro���edti�th .
AreaEngiraeer,.,,-
Bid Item - Quantity Unit,Price
Description Submitted
X960LI 0:03 _ l 1 00 F7- ' DOI,,,__) 1127 53i
-
WNI@UEfCRCE OADERIfiM
uusntication 5-tatement:
This(hangeomerdds�°UNIQU�E�CHANC�E(OiDER�ITEM3� o�ttie►cotractto`�compernsatepthesubco tactor
q "tet repai the r cFete cwr s�,Tfae-Pncelinras}�ne9otfated and apP ved b th�� 'I
fordaddibnal'-obllizatjon re tired o, Y_ L j q y4I
,A?e Eiigl'neer� `fid
in, goes, ayments7 o711abor,�7equipments,and faoil�tes as,requested�by tl�e sulico Tactor toy
�tmobil�zedecluiPm_e_ntandlpe.: rs'one�lons�tetopsrforrnthe�work�t: _
Rev. 12/10
lel
Madison Flovd
u
From:
Kevin Grissom
Sent;
Tuesday, January 15, 2019 8.49 AM
To:
Madison Floyd .
Cc'
Come Frank .,
Subject:
Fwd: [EXT] - 'CS1; 0920=38-187 CO#5
Please see Kenneth's response belo.W. Get this added to the change order please.
Sent from my, Whone
Begin forwarded message:
From: Kenneth Wiemers <Kennetti.Wiemersi0)txdot:eov>
Date: January 15, 2019 'at 8:25:05 AM `CST:
To: Kevin Grissom <KeVImGrissorim txdot. ov>
Subject: Re: [EXTj CSI: 0926-38-187. COOS
approve the days and: barricades.'
Kenneth J. Wiemers, P.E.
Area Engineer
Beaumont Area Office
TxDOT BMT District
8450 Eastex Frwy
Beaumont, TX 77708'
0:409-924-6521
kenneth.wiemertPtxdot:eov
On Jan 14,2019, at 5:09. PM, Kevin Grissom<Kevin.Gr'issomCltxdot.eov> wrote:
Kenneth, --
Please see Aldo's email: below: Would you like for.us to. add the three "months, of
barricades?
Thanks,
Kevin Grissom
From: Lopez, Aldo (Gulf Coast) rmallto:aldo.lo ezVgc-texas.com1
Sent: Monday, January 14, 2019 4:55'PM
To: Madison Floyd; Blanchard, Scott (Gulf Coast); Helton, Steve (Gulf Coast)
Cc: Kevin Grissom; Corrie Frank, Murphy, Johnathan (Gulf Coast)
Subject: RE: [EXT] CS]: 0920-38-187 CO#5
This email originated from.outside;of ttie organization. Do not click Ilnks or;open attachments
unless:you recogrilze the sender:and know ttie content Is safe..
Madison,
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 3
Third Party Funding Notification Sheet
This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and Involves third
parties who are providing funding under an Advance Funding Agreement or Donation Agreement.
1. Outside funding provided by:
City Of Beaumont
(Outside Entit/ s Legal Name)
2. Type of outside funding agreement for this change:
Z Existing ❑ Amended ❑ New
11 Check one j
3. Indicate the type and amount of funding:
F] Fixed Price (Lump Sum)
® Actual Cost
(a) Contract Items (Bid Items):
(b) E&C*: (a) x
(c) Indirect Cost"*:
TOTAL
(a+b)x
(Estimated Amount 2,898.47 )
2,898.47
0 = 48.11
enter
0 _ 0.00
en er
2,946.58
CCSJ: 0920-38-187
Project: HP 2008(125)
Highway: CS
County: Jefferson
District: 20
Contract
Number: 08173234
Use as needed:
I hereby acknowledge notification of the modifications
covered by this Change Order.
Date
By li
Typed/Printed Name Ie likv
Typed/Printed Title G
*The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project
depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate
of E&C charge. For a'specific project, E&C rate (%) can be derived from the cost of"Engineering and Contingencies" in
the "Estimated Cost" of the project.
*" Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only,
unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions.
Funding for this Change Order has been arranged:
06/05/18
TxDOT Representative Date
Typed/Printed Name:
TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1
ZoDepaxrl'9
Tement
Yansportatlon
MEM®
June 5, 2018
To: Patrick Ryan, P.E.
Director of Construction
From: Kenneth J. Wiemersi PX..
Beaumont Area Engineer
Subject: Change Order #3 - Level Up, Tabs, and Drainage Clean Out
Project: HP 2008(125)
Control: 0920-38-187
Highway: CS -Washington Blvd.
County: Jefferson
This change order compensates the contractor for extra work required for level up added to the
project. The road started unraveling after milling operations were complete due to high traffic volume In
the area. This required a placement of the "D -GR HMA(SQ) TY -F SAC -B PG 64-22" level up in order to fix
the damaged roadway. The level up work is the result unforeseeable site conditions. White tabs were
also added to the contract as a new item to correct a PS&E, "WK ZN PAV MRK SHT'TERM (TAB) TY W" as
the original plans did not account for the placement of the white tabs required in order to complete the
project. Likewise, yellow tabs were added to the contract as an existing item, WK ZN PAV MRK SHT
TERM (TAB)TY Y-2" because the original plans did not call for enough tabs to complete the project. A
"UNIQUE CHANGE ORDER ITEM 2" was added to the contract per this change order and paid by invoice
cost. This item was added in order to compensate the contractor for extra work performed at the jobsite
for removal of grass, debris, and excessive silt build up within the gutter line that was encountered
during 0" to 1" concrete planning and considered an unforeseeable site condition. The scope of work for
this change order will take place between stations 11+07 to 227+74.
This change order contains the revised plan sheets for pages 3, 4, 5, and 10 within the plan set.
This change order adds four additional days to the contract.
This change order results in a cost of $2,898.47 to the contract.- -
OUR VALUES: People • Accountability • Trust • Honesty
OUR MISSION: Through collaboration and leadership, we dellvera safe, reliable, and integrated transportation system that enables the movement ofpeople andgoods.
An Equal Opportunity Employer
rmanager
CONTRACT ID:
092038187
PROJECT:
HP 2008(125)
CONTRACT:
08173234
AWARD AMOUNT:
$1,690,881.52
PROJECTED AMOUNT:
$1,690,881.52
ADJ PROJECTED AMT:
$1,846,312.72
PEND ADJ PROJ AMT.
$1,846,312.72
CONTRACTOR
OLDCASTLE MATERIALS TEXAS, INC.
CO AMOUNT:
$2,898.47
CO TYPE:
FEDERAL PARTICIPATING
3RD PARTY AMOUNT:
$0.00
APPRV LEVEL:
CHANGE ORDER NBR.
HIGHWAY:
DISTRICT:
COUNTY:
AREA ENGINEER:
AREA NUMBER
3
CS
20
JEFFERSON
Kenneth Wiemers, P.E.
051
REPORT DATE: 6/5/2018 3:63:13PM
0 Extra Work
[]Zero Dollar
00vem UUnderrun
0 Time Adjustrrment
❑ Stock Account
❑ Force Account
❑
Final Quantity
❑ Change Project Limits
❑ Delete/Add CSJ
DESCRIPTION: Level Up, Tabs, and Drainage Clean Out
REASON: 1A - 1A7INCORRECT PS&E (TxDOT DESIGN)
SECONDARY REASON(S): 002A - 2A -DIFFER SITE CONDITION(UNFORESEEABLE)
TIME EXT.#:
and Days adjusted on the C. O. 4
DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT:
This change order compensates the contractor for extra work required for level up added to the project The road started unraveling after milling operations were complete
due to high traffic volume in the area. This required a placement of the "D -GR HMA(SQ) TY -F SAC -B PG64-22" level up in order to fix the damaged roadway. White tabs
were also added to the contract as a new item, "WK ZN PAV MRK SHT TERM (TAB)TY W" as the original plans did not account for the .placement of the white tabs
required in order to ,complete the project Likewise, yellow tabs were added to the contract as an existing item, "WK ZN PAV MRK SHT TERM (TAB)TY Y-2" because
the original plans did not call for enough tabs to complete the project A "UNIQUE CHANGE ORDER ITEM 2" was added to the contract per this change order and paid
by invoice. This item was added in order to compensate the contractor for extra work performed at the jobsite for removal of grass, debris, and excessive silt build up
within the gutter line that was encountered during 0" to 1" concrete planing. The scope of work for this change order will take place between stations 11+07 and 227+74.
This change order contains the revised plan sheets for pages 3, 4, 5, and 10 within the plan set
TIME ADJUSTMENTS ADJUSTED DAYS EXPLANATION
CONTRACT 4 Additional time is being granted for the placement of added level up and debris removal.
"By signing this change order, the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses; additional changes for time,
overhead and profit; or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract Exceptions should be noted in
explanation above."
THE CONTRACTOR
BY:
TYPEDlPRINTED NAME:
DATE
DATE
TYPEDIPRINTED TITLE:
DATE
AREA ENGINEER
DATE
AREA ENGINEER'S SEAL:
DISTRICT ENGINEER
DATE
DIRECTOR, CONSTRUCTION DIVISION:
DATE
DEPUTY EXECUTIVE DIRECTOR
DATE
FHWA:
—
DATE
YNEr �� CHANGE ORDER SUMMARY REPORT
CO
CO
APPROVAL CONTRACT TIME
CONTRACT ID:
092038187
PROJECT:
HP 2008(125)
CONTRACT:
08173234
AWARD AMOUNT:
$1,690,881.52
PROJECTED AMOUNT:
$1,690,881.52
CONTRACTOR:
OLDCASTLE MATERIALS TEXAS, INC.
CO
CO
APPROVAL CONTRACT TIME
NUMBER
TYPE
STATUS DATE ADJUSTMENT
001
PART
Approved 04/20/2018
JEFFERSON
Description:
Zero Dollar Change Order,
002
PART
Approved 05/03/2018
AREA NUMBER:
Description:
QUANTITY MODIFICATION AND EXTRA WORK
003
PART
Draft 4
Description:
Level Up, Tabs, and Drainage Clean Out
Total Non -Participating Days:
4
REPORT DATE: 06/05/18
HIGHWAY:
CS
DISTRICT:
20
COUNTY:
JEFFERSON
AREA ENGINEER:
Kenneth Wiemers, P.E.
AREA NUMBER:
051
Total Non -Participating Amount:
0.00
Total Non -Participating Days:
0
MILESTONE TIME
3RD PARTY
CO AMOUNT
APPROVED CO
ADJUSTMENT
PARTICIPATION
($)
AMOUNT$
$0.00
$0.00
$0.00
$0.00
$155,431.20
$155,431.20
$0.00
$2,898.47
$0.00
$0.00
$158,329.67
$155,431.20
r
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 2
Third Party Funding Notification Sheet
This form Is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and Involves third
parties who are providing funding under an Advance Funding Agreement or Donation Agreement,
1. Outside funding provided by:
City Of Beaumont
(Outside Entity's Legal Name)
2. Type of outside funding agreement for this change:
® Existing ❑ Amended ❑ New
( Check one]
3. Indicate the type and amount of funding:
❑ Fixed Price (Lump Sum)
® Actual Cost
(a) Contract Items (Bid Items):
(Estimated Amount 133,764.00 )
133,764.00
(b) E&C*: (a) x 0 26,752.80
end "
(c) Indirect Cost**: (a + b) x 0 u 0.00
enter
TOTAL 160,516.80
CCSJ: 0920-38-1 B7
Project: HP 2008(125)
Highway: CS
County: Jefferson
Districts ,2a
Contract
Number: 08173234
Use as needed:
I hereby acknowledge notification of the modifications
covered by this Change Order.
4-L�-
bate W
By L— L L,
Typed/Printed Name VLf�S
Typed/Printed Title Giixi(�
*The percentage (%) for E&C (Engineering and Contingencles) charges varies from projectto project
depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate
of E&C charge. Fora specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" In
the°Estimated Cost" of the project.
Use the statewide district rate as established by Finance Division each year. This Ilne 3(c) is for Service Project only,
unless otherwise specified in the Advance Funding Agreement, See Stand Alone Manual Notice 98-2 for Instructions.
Funding for this Change Order has been arranged:
04/18/18
TxDOT Representative Date
Typed/Printed Name:
TXOOT Form 2146-AFA (Rev. 07/13) Page 1 of 1
CHANGE ORDER #2 GUMMY CHANGES
{TEM NUMBER
DESCRIPTION
UNIT
PREVIOUS
QUANTITY
CHANGE ORDER
QUANTITY
QUANTITYCHANGE
UNIT PRICE,
CHANGFORDER
COST
01506002
BLADING
HR
0.00
120,00
120.00
$
75.00
$ 9,OD0.00
02755001
CEMENT
TON
394.00
561.0
267.00
$
210.00
5 56,070.0D
02756006
CEMENT TREAT (EXIST MATI-) (10')
SY
2D173.00
33677.00
13504.OD
S.
5;50
S 74,27240
0310 6MB
PRIME COAT(EC4O)
GAL.
0.00
9594.00
9594.00
$
4.00
$ 38,376.00
03106012
PRIME COAT (RC-290)
GAL.
4130.00
0.00
-4130.00
$
3.80
$ (15,694.04)
0316649
AGGR (rY-PO GR-6 OR TY-PL GR-5)
CY
157.0
0.00
-157.00
$
180.00
$ (281260_00)
0351 6006
FLEXIBLE PAVEMENT STRUCTURE REPAIR(1O-)
SY
600.00
0.00
.500.00
S
65.00
$ (37AW-00)
0361 6004
FULL- DEPTH REPAIR CRCP (10-)
SY
300.00
I 630.00
130.00
S
280.00
$ 36,440.00
TOTAL.
S1 764.0
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 1
Third Party Funding Notification Sheet
This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third
parties who are providing funding under an Advance Funding Agreement or Donation Agreement.
1. Outside funding provided by:
City Of Beaumont ,
(Outside Entity's Legal Name)
2. Type of outside funding agreement for this change:
® Existing [] Amended New
[ Check one )
3. Indicate the type and amount of funding:
Fixed Price (Lump Sum) (Estimated Amount 0.00
Actual Cost
CCSJ: 0920-38-187
Project: HP 2008(125)
Highway: CS
County: Jefferson
District: 20
Contract
Number. 08173234
(a) Contract Items (Bid Items): 0.00 Use as needed:
I hereby acknowledge notification of the modifications
(b) E&C*: (a) x 0 = 0.00 covered by this Change Order.
enter % G
(c) Indirect Cost"*: (a+b)x 0 _ 0.00 Date
end
TOTAL 0.00 By
Typed/Printed Name S
Typed/Printed Title
The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project
depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate
of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" In
the "Estimated Cost" of the project.
Use the statewide district rate as established by Finance Division each year. This line 3(c) Is for Service Project only,
unless otherwise specified In the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions.
Funding for this Change Order has been arranged:
04/18/18
Typed/Printed Name: �"��'y�%�ff t,- WIP-41Ms
TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1
Texas
t]epartment
of TFansportatfon
MEMO
April 13, 2018
To: Patrick, Ryan, P.E.
Director of Construction
From: Kenneth J. Wiemers, P.E.
Beaumont Area Engineer
Subject: Change Order #1— Zero Dollar Change Order
Project: HP 2008(125)
Control: 0920-38487
Highway: CS
County: Jefferson
This change order adds traffic control plan sheets to the plan set that were not Included prior to
letting. Work performed on the project as per the plans required the use of W2(RCD)-13, TCP(2-2)-18
and TCP(2-4)48. The listed plan sheets will be added by this change order to assist in completing this
project in a safe manner.
This.change order adds plan sheets 12A, 1213, 27A and 27B to the plan set.
This change order results In a cost of $0.00 to the contract. This is a zero dollar change order.
OUR VALUES: People • Accountability • Trust • Honesty
OUR MISSI ON: Through collaboration and leadership, we deliver a safe, reliable, and integrated transportation system that enables the movement of people and goods.
An Equal Opportunity Employer
3RD PARTY ANIOU fT: suo
APPRVLEVU:
DESCRIBE T HE REASON FOR THE CHANGE ORDER AND WHAT 18 BEING CHANGED. WHEN NECESSARY. INCLUDE EXCEPTION$ TO THIS AGREEMENT:
This change order adds traf8o control plan sheets to.the plan set that were not included prior to letting. Work perfamied an the project as per the plans required the use of
WL(RCD)-13, TCP(2-2)-18 and TCP(2-4)48: The fisted plan sheets wM be added by this cianp order to assist in cornplethrg the project in a safe manner.
This change order adds plan sheets12A, 128,27A and 27B to the plan set
ADDMONAL TIME NOT NEEDED
,By signing this chartge order, the contractor agrees to walve any and all datms fig add"Onal comperwffm due to arty and 89 other mWmK adds w8I dker>ges-for time,
overhead and pry or lose of compensation as a mwft ofthis change and thattikis agreement Is made In accordance ttern 4 and Ore Centrad: Exceptions aikouid be noted irk
explanation above.'
THE CONTRA R
BY: /t ZO! DISTRICT ENGINEER: DATE
DATE
TYPEDIPRINTE13NAilA1r .fog- &d,461E460
DATE
TYPEDIPRB+TEDTiTLE: f't�l�iT• /��¢x
AREA ENGINEER. •/ AREA EMMEMM SEAL: q—M -201g
DIRECTOR CONSTRUCTION DIVISION
E1ATB
DEPUTY EXECUTIVE DIRECTOR
DATE
FHWA
DATE
REPORTOATE ;
4/13/2018 11:51:69M
CHANGE ORDER NBR
1
COUITRACI 1D: 092038187
HIGHWAY:
CS
❑
tt
❑ l=MI
PROJECT. HP 2008(125)
DISTRICn?
20
Zero Dollar
®Zero Dollar
Quay
❑ Arei Quantify
CONTRACT: 08173234
COUNTY:
,1�FER50N
Kenneth
❑ OvwwVUndenm
❑ Change Projed Lanus
AWARD AMOUNT. $1.5s0 861.5Y
AREA ENGINEHt:
❑ Time adjustment
El Delete/Add CSJ
PROJECTAMOUMP $1,6 ,881.52
ED
AREA NUPAR lt+
051
❑s�tcarxourrt
ADJ PROJECTED AM' 4F1,M.881m
PEND ADJ PROJ AM. $1,680,861.52
DESCRIPTION:
zero Dollar Change Order
CONTRACTOM OLDCASTLE MKTERtALS TEXAS. INC.
REASON:
1A - 1A 1HCORRECT PSSE (TxDOT DESIGN)
SECONDARY REASON(S):
CO AMOUNT! som
CO TYPE: FEDERAL PARTICMAT1NG
3RD PARTY ANIOU fT: suo
APPRVLEVU:
DESCRIBE T HE REASON FOR THE CHANGE ORDER AND WHAT 18 BEING CHANGED. WHEN NECESSARY. INCLUDE EXCEPTION$ TO THIS AGREEMENT:
This change order adds traf8o control plan sheets to.the plan set that were not included prior to letting. Work perfamied an the project as per the plans required the use of
WL(RCD)-13, TCP(2-2)-18 and TCP(2-4)48: The fisted plan sheets wM be added by this cianp order to assist in cornplethrg the project in a safe manner.
This change order adds plan sheets12A, 128,27A and 27B to the plan set
ADDMONAL TIME NOT NEEDED
,By signing this chartge order, the contractor agrees to walve any and all datms fig add"Onal comperwffm due to arty and 89 other mWmK adds w8I dker>ges-for time,
overhead and pry or lose of compensation as a mwft ofthis change and thattikis agreement Is made In accordance ttern 4 and Ore Centrad: Exceptions aikouid be noted irk
explanation above.'
THE CONTRA R
BY: /t ZO! DISTRICT ENGINEER: DATE
DATE
TYPEDIPRINTE13NAilA1r .fog- &d,461E460
DATE
TYPEDIPRB+TEDTiTLE: f't�l�iT• /��¢x
AREA ENGINEER. •/ AREA EMMEMM SEAL: q—M -201g
DIRECTOR CONSTRUCTION DIVISION
E1ATB
DEPUTY EXECUTIVE DIRECTOR
DATE
FHWA
DATE
RESOLUTION NO.
WHEREAS, on May 1, 2007, the City Council of the City of Beaumont passed
Resolution No. 07-125 authorizing the City Manager to execute a Local Transportation
Project Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT) in the total estimated contract amount of $6,710,000.00 for the Washington
Boulevard Project; and,
WHEREAS, on December 13, 2016, the City Council of the City of Beaumont
passed Resolution No. 16-253 authorizing the City Manager to execute Local
Transportation Project Advance Funding Agreement Amendment No. 1 to change the
project scope to Washington Boulevard from Loma Lane east to IH -10 and to decrease
the total estimated contract amount to $2,713,325.00; and,
WHEREAS, on September 7, 2017, TxDOT awarded a contract to Oldcastle
Materials Texas, Inc., dba Gulf Coast an Oldcastle Company in the amount of
$1,690,882.00 for the Washington Boulevard Project; and,
WHEREAS, on April 20, 2018, TxDOT submitted Change Order No. 1 to make
changes to the project detour plans, thereby having no effect on the total contract amount
of $1,690,882.00; and,
WHEREAS, on April 24, 2018, the City Council of the City of Beaumont, Texas
passed Resolution No. 18-086, authorizing the City Manager to execute Change Order
No. 2, in the amount of $160,516.80, to modify the pavement cross-section design,
thereby increasing the total contract amount to $1,851,398.80; and,
WHEREAS, on June 18, 2018, the City Manager executed Change Order No. 3,
in the amount of $2,946.58, which included an Engineering and Contingency charge, for
level up work, tabs and drainage cleanup due to unforeseeable site conditions, thereby
increasing the total contract amount to $1,854,345.38; and,
WHEREAS, on January 18, 2019, the City Manager executed Change Order No.
4 to modify changes to the asphalt material, said modifications having no effect on the
total contract amount of $1,854,345.38; and
WHEREAS, Change Order No. 5, in the amount of $65,280.65, including'an
Engineering and Contingency charge, is requested to complete additional repairs of
concrete curbs requested by the City, thereby increasing the total contract amount to
$1,919,626.03.
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 increasing the contract amount by
$65,280.65, for a total estimated contract amount of $1,919,626.03 for the Washington
Boulevard Project.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
MOW
2019.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January,
- Mayor Becky Ames -
c
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 29, 2019
REQUESTED ACTION: Council consider a resolution approving a consignment agreement
with Clarke Distribution Inc. of Houston to allow for the sale of
merchandise at the Tennis Center.
BACKGROUND
The City of Beaumont took over the operation of the Tennis Center on January 2, 2019. Clarke
Distribution would provide high quality tennis merchandise for sale and the City would receive
ten percent (10%) of the revenues generated. Clarke Distributing is responsible for transporting,
organizing and displaying any merchandise they bring to the tennis center and they also retain
control over the price and ownership of any merchandise there. The City's main responsibility
is to provide a location for displaying the merchandise and tracking the amount of merchandise
sold on a monthly basis. The agreement is for one year with an additional one year renewal
option.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Consignment
Agreement between the City of Beaumont and Clarke Distribution, Inc., of Houston, for
one year, with an additional one year renewal option, for the sale of high quality tennis
merchandise at the Tennis Center. The Agreement is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2019.
- Mayor Becky Ames -
.CONSIGNMENT AGREEMENT
BETWEEN THE
CITY OF BEAUMONT, TEXAS
CLARKE DISTRIBUTING COMPANY
Pursuant to this Agreement, the "consignee" hereby known as the City of Beaumont (COB), a
home -rule municipality in the State of Texas, and the "consignor" hereby known as Clarke
Distributing Company (CDC) both agree to the terms of this Agreement as it is set forth
below:
I. OBLIGATIONS OF CLARKE DISTRIBUTING COMPANY
1. Clarke Distributing Company (CDC) hereby agrees to provide the City of Beaumont
(COB) with a list of merchandise or goods to be displayed at the location of 6455 College
Street, Beaumont, Texas 77707. This list shall include a physical description
along with the quantity of merchandise provided. CDC agrees to provide this list to COB
each and every time it brings merchandise to the COB. Both parties agree that the
aforementioned merchandise will only be sold at 6455 College Street, Beaumont, Texas
77707.
2. CDC agrees to "refresh" or provide new or additional merchandise to the COB every
forty-five (45) days. This shall be known as the "refresher period." CDC agrees to
provide only new and/or high-quality merchandise to the COB.
3. CDC shall be responsible for organizing, showing, displaying, or otherwise presenting
merchandise that they deliver, to the COB. The COB shall provide staff for assisting in
this endeavor.
4. CDC agrees to transport merchandise to 6455 College Street, Beaumont, Texas 77707,
and display merchandise at 6455 College Street at no cost to the COB.
Merchandise provided by CDC to COB will at all times remain the property of CDC.
COB shall not make or suppose claim to properly provided by CDC, unless provided for
by a specific provision of this Agreement.
Page 1 of 4
EXHIBIT "A"
6. \CDC retains all rights to set the price of merchandise provided by them to the COB.
COB shall have no right or prerogative to amend, alter, reduce, increase, or in any
way change the price of merchandise provided by CDC without the express written
consent of CDC.,
H. OBLIGATIONS OF THE CITY OF BEAUMONT
7. COB agrees to display merchandise received by CDC in an area of high visibility which
can be readily discernible to an average customer.
8. COB or its employees shall be responsible for selling merchandise provided by CDC.
9. COB or its employees agree to forward any and all special order to CDC by email or
phone.
10. COB will be responsible for general maintenance related to the shop located at 6455
College Street, Beaumont, Texas 77707.
III. REPORTING REQUIREMENTS & PAYMENT PROVISION
11. CDC agrees to provide the COB with a detailed listing of merchandise it will provide to
COB. CDC agrees to provide this listing every time it provides merchandise to COB.
12. COB or its employees shall be responsible for keeping a detailed listing or report of
each CDC item sold on a monthly basis. COB agrees to remit this report to CDC on a
monthly basis. All items received by COB from CDC must be reconciled to
this report each month.
13. COB shall be responsible for tabulating the total sales of all CDC items sold during a
given month. COB shall be allowed to retain ten percent (10%) of this amount and
shall remit ninety percent (90%) of this amount to CDC by the fifth (51h) day of each
month in accordance with the previous month's sales. Any amount not received by CDC
on the thirtieth (30`h) of said month shall be subject to an additional finance charge not to
exceed one percent (1 %) per month.
14. COB shall electronically remit payment due to CDC. CDC shall provide banking
Page 2 of 4
information for this purpose.
IV. MERCHANDISE STATUS
15. CDC merchandise not sold by the end of each "refresher period" shall be evaluated by
COB staff. Any merchandise not likely to be sold shall be returned to CDC and CDC
shall incur any such costs associated with accepting the returned merchandise.
16. COB agrees to be responsible for an amount not to exceed fifty percent (50%) of the
replacement cost of merchandise or inventory lost due to "shrinkage," which is commonly
defined as the loss of inventory for reasons including, but not limited to, theft, fraud,
deterioration, or cashier error. COB agrees to report any items lost due to shrinkage to
CDC and CDC agrees to report any items lost due to shrinkage to COB. This provision
shall only apply to (1) merchandise or inventory located at 6455 College Street,
Beaumont, Texas 77707.
V. TERMS OF AGREEMENT
17. This Agreement shall become effective for a period of one (1) year from the date of
execution. COB may elect to renew this Agreement for an additional one (1) year
period, by sending written notice to CDC of its intent to do so.
1.8. This Agreement can be cancelled by either party, with or without cause, upon providing a
thirty (30) day written notice to the other party.
19. In the event that COB terminates or cancels this contract, with or without cause, the COB
agrees to return any and all merchandise on -hand or on -order to CDC.
20. This Consignment Agreement constitutes the sole and entire Agreement of the parties
with respect to the subject matter hereof and supersedes any prior understandings or
written or oral Agreement between the parties respecting such subject matter.
21. Clarke Distributing Company and the City of Beaumont do hereby understand and agree
to the terms set forth above by their signature found below.
Page 3 of 4
CITY OF BEAUMONT CLARKE DISTRIBUTING COMPANY
Signature:
Signature:
Printed Name: Kyle Haves Printed Name:
Position: City Manager Position:
Date:
Date:
Page 4 of 4
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City -Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: January 29, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
recognize and participate in National Library Week by allowing a
fine free week for library patrons.
BACKGROUND
First sponsored in 1958, National Library Week is a national observance sponsored by the
American Library Association (ALA) and libraries across the country each April. All types of
libraries - school, public, academic and special — participate. This year's nation-wide celebration
is during the week of April 7t' -13t" _
In observance of this special time, the Beaumont Public Library System would like to offer a
"Fine Free Week" to encourage Beaumont Patrons to visit the library and to bring back overdue
books. Each year patrons incur fines related to overdue items. The largest component of these
fines are the actual cost of the item itself. By offering a fine forgiveness week we hope to have
many of these items returned and hopefully regain patrons who have stayed away because of
fines they could not afford to pay.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to recognize the week of April 7-13, 2019,
as National Library Week.
BE IT FURTHER RESOLVED that the Beaumont Public Library System will
participate in National Library Week by offering a "Fine Free Week" to encourage library
patrons to visit the library and return overdue books.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
2019.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January,
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 29, 2019 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving a contract with H.B. Neild & Sons for interior
repairs at the Tyrrell Historical Library
2. Consider a resolution authorizing the City Manager to enter into a contract with
Legacy Community Development Corporation
3. Consider a resolution authorizing the City Manager to enter into a contract with
Beaumont Neighborhood Alliance for Habitat for Humanity
PUBLIC HEARING
Receive. comments related to the mandatory payment rate for the Local Provider
Participation Fund for FY 2019
4. Consider setting the mandatory payment rate related to the Local Provider
Participation Fund for FY 2019
WORK SESSION
* Review and discuss the Summer Food Service Program
COMMENTS
Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887
AT&T Texas
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
1
January 29, 2019
Consider a resolution approving a contract with H.B. Neild & Sons for interior repairs at the
Tyrrell Historical Library
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager '
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 29, 2019
REQUESTED ACTION: Council consider a resolution approving a contract with H.B. Neild
& Sons for interior repairs at the Tyrrell Historical Library.
BACKGROUND
Due to an extended period without power during and after Hurricane Harvey, mold was able to
infiltrate the main ceiling paint of the Tyrrell Historical Library. After mold mitigation, this
contract will allow for repairs to the staircase; lath plaster; and painting of the repaired areas.
Bids were requested from twelve (12) vendors; two responded. The low qualified bid to complete
the project with a cost of $130,880.25 was received from H.B. Neild & Sons, Inc of Beaumont.
The contractor will complete the project in seventy calendar days. Bid tabulation is attached.
FUNDING SOURCE
Library Trust Fund.
RECOMMENDATION
Approval of the resolution.
n
CITY OF BEAUMONT — PURCHASING DIVISION
409 80 c3107enior Buyer
6 EAU M4 NT
T E X A S terrv.welch(afteaumonttexas
Contract for the Staircase Repairs, Lath Plaster Restoration, and
BID TABULATION: Painting of the Tyrrell Historical Library, Beaumont, Tx
BID No. ( TF1219-05
OPENING DATE: Thursday, January 17, 2019
Vendor
Ci State
H.B. Neild & Sons, Inc
Beaumont, Tx
Jack Built Contractors, LLC
Orange, Tx
Description
Total Bid Price
Total Bid Price
Base Bid for Scope of Work as Specified
$130,880.25
$135,908.99
Days to complete:
70
120
Low qualified bidder is H.B. Neild & Sons, Inc
and,
RESOLUTION NO.
WHEREAS, bids were solicited for interior repairs at the Tyrrell Historical Library;
WHEREAS, H. B. Neild & Sons, Inc., of Beaumont, Texas, submitted a bid in the
estimated amount of $130,880.25; and,
WHEREAS, City Council is of the opinion that the bid submitted by H. B. Neild &
Sons, Inc., is the most advantageous to the City and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the bid submitted by H. B. Neild & Sons, Inc., of Beaumont, Texas, in the
estimated amount of $130,880.25 for interior repairs at the Tyrrell Historical Library be
accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute a
contract with H. B. Neild & Sons, Inc., of Beaumont, Texas, in the estimated amount of
$130,880.25 for the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2019.
- Mayor Becky Ames -
J
2
January 29, 2019
Consider a resolution authorizing the City Manager to enter into a contract with Legacy
Community Development Corporation
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: January 29, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
enter into a contract with Legacy Community Development
Corporation.
BACKGROUND
The City of Beaumont receives an annual allocation of HOME Investment Partnerships Program
funds from the U.S. Department of Housing and Urban Development (HUD). Federal
regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund
allocation be contracted to Community Housing Development Organizations (CHDO's) for
eligible CHDO activities.
Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to
stabilize neighborhoods by providing, homeownership opportunities for low to moderate income
families. Legacy proposes to utilize $129,848 for the construction of one (1) new home or the
acquisition and rehabilitation of at least two (2) units to be sold to an eligible low to moderate
income family. In addition, Legacy is requesting $25,285.20 for operating funds. The funds
will be used to cover the salaries for administrative staff. Any and all income received by Legacy
for any properties must be used toward fiuthering the organization's affordable housing
activities. Housing Division staff will be responsible for monitoring Legacy for HOME
Program compliance.
FUNDING SOURCE
2018 HOME Program.
RECOMMENDATION
Approval of the resolution.
Legacy CDC
3025 Plaza Circle
Port Arthur; Texas.77642
409-832-2723
City of Beaumont
Dear Ms. Patillo:
I am writing to request 2018 HOME CHDO Reserves in the amount of $129,848.60
and CHDO Admin in the amount of $25,285.20. Legacy proposes to either
construction one (1) new home or acquire and rehab up to 2 units.
W rm regards,
Vivian Ballou, Exe"-utive Director
Breakdown of 2018 HOME Funds
70% Entitlement Funds
$353,992.80
$100,000.00 - DPA already awarded and almost expended
$253,992.80.
$100,000.00 — To be awarded to Habitat for Humanity
$153,992.80
$100,000.00 — DPA (reserved - if needed)
$53 992.80
$ 53,992.80 — Legacy CDC
$0.00
15% CHD.O Reserve Funds
$75,855.60 — Legacy CDC
$53,992.80 — Legacy CDC
$129,848.40 To be awarded to Legacy CDC
5% CHDO Operating Funds
$25,285.20 — To be awarded to Legacy CDC
HOME CHDO ALLOCATION FUNDING AGREEMENT
between the
CITY OF BEAUMONT
and the
Legacy Community Development Corporation
This Community Housing Development Allocation Funding Agreement (Agreement
hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule
Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and
the Legacy Communi Development Corporation, a Texas -profit-corporation (CHDO
hereinafter), located at 700 North Street, Beaumont, Texas 77701.
WHEREAS, the City of Beaumont has received a HOME grant from the United States
Department of Housing and Urban Development -(HOME Program No. M -18 -MC -48-0201);
WHEREAS, the City has the objective of providing for the development of low -to -moderate
income housing for residents of the City through its Community Development Division;
WHEREAS, the Legacy Communily Development Corporation, through its express purpose as
set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont
approved Community Housing Development Organization (CHDO hereinafter);
WHEREAS, pursuant to the authority of Resolution Number #19-000, passed by the Beaumont
City Council on 00/00/19 the Legacy Commurd Development Corporation will enter into a contract'
with the City for an award of the 2018 HOME funds totaling One Hundred Twenty -Nine
Thousand Eight Hundred Forty Eight Dollars and 40/100 ($129,848.40);
WHEREAS, the City is required to reserve not less than 15 percent of the HOME allocation for
any fiscal year for investment only in housing to be developed, sponsored, or owned by certified
CHDOs pursuant to applicable U S Department of Housing and Urban Development (HUD)
regulations including but not limited to 24 CFR 92.300 (see attached hereto as Exhibit A), and as
approved'in the City's 2018 Action Plan update of the 2015 - 2019 Consolidated Plan which set
aside a portion of HOME Grant funds for CHDOs to develop low -to -moderate income housing;
WHEREAS, The HOME allocation of One Hundred Twenty -Nine Thousand Eight Hundred
Forty Eight Dollars and 40/100 ($129,848.40) will be used for the eligible costs related to the
acquisition and rehabilitation of (2) existing units. Such housing will provide decent, safe and
sanitary housing for eligible families;
WHEREAS, the City desires to assist the CHDO in providing for the acquisition of low -to -
moderate income housing through funds provided by HUD's Home Investment Partnerships Program
(HOME Program);
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and
obligations set forth herein, the City and CHDO covenant and agree as follows:
This Agreement sets forth the understanding of the parties concerning the City's HOME
allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities
and procedures the CHDO must comply with in order to qualify for a portion of the City's HOME
CHDO set aside. The parties have severally and collectively agreed, and by the execution hereof are
bound, to the mutual obligations and to the performance and accomplishment of the tasks described
herein.
Section 1— City's Responsibilities
A. The Community Development administrator, or other designated Community Development
Staff, will act as liaison on behalf of the City.
B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing
Assistance programs using HOME funds are carried out in accordance with the HOME
INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide
documentation as required by HUD for program reporting requirements.
C. The City agrees to pay eligible costs, up to a maximum total amount of One Hundred
Twenty -Nine Thousand Eight Hundred Forty Eight Dollars and 40/100 ($129,848.40) on a
reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92.300 (attached
hereto as Exhibit A), carried out within the City's jurisdictional boundaries, specifically, the
acquisition and rehabilitation of two (2) units. Specific activities to be carried out will include
acquisition, closing costs, warranties, appraisals, surveys, inspections and make-ready costs
associated with (1) unit which will be purchased, rehabbed and sold to low/moderate income persons
at or below 80% of the median income. Costs will be reimbursed as set forth in the program's
reimbursement policy.
D. CHDO agrees that a single or program -specific audit is a condition of funding for all entities
that expend $500,000.00 or more in a year in Federal awards. `The City of Beaumont requires the
CHDO to submit the most current financial review for the fiscal year completed by August 30, 2019.
Section 2 — Legacy Community Development Corporation Responsibilities
A. The Executive Director for the.CHDO, or other designated CHDO staff, will act as liaison on
behalf of the CHDO.
B. CHDO agrees to execute any and all documents requested by the City for compliance with
the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) (attached hereto as
Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more
particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments.
C. CHDO agrees to maintain itself as.a City certified CHDO in accordance with Title II of the
National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment
Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations
policies and reporting requirements established by the City in conjunction with HUD, including
CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve
fluids.
D. CHDO agrees to assure that all acquisition or rehabilitation projects will meet or exceed all
written locally adopted Property Standards as well as all applicable local and state codes and other
federal requirements. Within ninety (90) days of the execution of this agreement, the Le ac
Community Development ' Corporation will adopt the City's construction specifications and
standards to be used on projects funded by this agreement. Where applicable, all floor plans must be
certified as having met or exceeded the Model Energy Code prior to construction. Variations from
these standards should be approved in writing by the City's representative. Quality and affordability
shall be the criteria used to determine whether a requested variance will be approved.
E. CHDO agrees to complete all acquisition, rehabilitation or new construction projects within
two years from the date of this agreement, or by federally required deadlines, whichever is sooner.
For projects including acquisition for new construction, the construction must begin within one (1)
year of the acquisition of the property. The issuance of a building permit will constitute start of
construction. If construction cannot be commenced by its start date as set out in Exhibit A, the
CHDO shall notify the City in writing at least 30 days prior to the commencement date of the
specific nature of the events that prevent the commencement of construction. The City shall either
approve a new commencement date or deny the request for extension. The decision of the City's
representative shall be final. If a new start date is not approved, funds allocable to the structure will
be removed from the contract and the CHDO will be required to deed to the City any real property
provided.
F. CHDO agrees to provide the City full and complete documentation of all eligible acquisition,
materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested
reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal
to the City. The Community Development Administrator may waive this requirement to facilitate
program goals and objectives.
G. Except where unavailable, CHDO agrees to make the homes acquired through this contract
available to applicants who have been qualified through a HUD Certified Homebuyer Counseling
Age . Where applicable, CHDO agrees to collect homeownership applications, determine
eligibility, gather all initial data connected with these applications, and to assist the prospective
homebuyer with the negotiation of permanent financing with participating lenders. CHDO agrees to
ensure the long term affordability of the property to the new homebuyer as specified in 24 CFR
92.252 (attached hereto as Exhibit Q. These affordability requirements must be enforced by the use
of 2nd Lien Deeds of Trust and deed restrictions.
H. CHDO agrees to affirmatively market all properties to eligible low or moderate income
families as described 24 CFR 92.351 (a) (Exhibit D). '
I. CHDO agrees to furnish the City with information on the program participants necessary to
meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status,
disability status and head -of -household status). Approval by the City is required prior to the applicant
receiving an approval letter from the CHDO. CHDO also agrees to make all files on
projects/programs funded by this agreement available for inspection by City staff. CHDO will report
any project and/or program delays or modifications and await City approval before proceeding.
CHDO will also report any instances of client fraud or program abuse to the City.
J. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or
unapproved programs or activities. These repayments will be made within thirty (30) days of
notification by the City of the ineligible expenditures.
K. CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at
the City's request. CHDO also agrees to report on a bi-annual basis to the City on program/proj ect
status as outlined in 24 CFR 92.300 (attached hereto as Exhibit A). This must be a written report of
the status on recently completed, ongoing, and pre -approved programs and/or projects, and must
include information for the reporting period to' include the status on applicant approvals/denials;
projects/programs approved; fund disbursements; project bidding information; property sales;
contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and
amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required
by the attached program guidelines (Exhibit E). CHDO agrees that the Program will be
administered according to all applicable regulations and guidelines per the City of Beaumont's 2018
Action Plan (as it may be amended), program design criteria and construction standards.
L. CHDO agrees to place all sales proceeds gained from this program back into its Affordable
Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing
activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is
certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the
development and construction of new houses AND (b) home buyer assistance including, but not
limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other
reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the
CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable
attributable to the use of grant funds shall transfer to the City. The CHDO further understands and
agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and
any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent.
M. CHDO agrees to secure the financial match requirements for M -18 -MC -48-0201 HOME
funds. The financial funding match requirement is 25% of total expenditures less CHDO Operating
funds.
N. CHDO agrees that the City will provide the CHDO with One Hundred Twenty -Nine
Thousand Eight Hundred Forty Eight Dollars and 40/100 ($129,848.40) of 2018 HOME funds to
be available through the City's draw process on or after the effective date of this contract. Payment
shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from CHDO
certifying that all requirements have been met.
O. The CHDO also understands and agrees to adhere to the City's procurement process (attached
hereto as Exhibit F). The City shall reserve the right to investigate, examine and monitor, at any
time, any and all such records relating to the operations or expenditures of CHDO under this
Agreement.
P. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental
housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market
Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit Q.
Section 3 - General Terms
A. This Agreement shall be fully executed in writing by both parties, and extend from January
3 0, 2019 through January 29, 2020. With agreement by both parties, the Agreement may be extended
for a time specified in a j ointly signed and approved term extension memorandum, not to exceed 24
months from the original effective date.
B. This Agreement and the rights and obligations contained herein may not be assigned by either
party.
C. This Agreement has been made under, and shall be governed by, the laws of the State of
Texas. The parties agree that performance and all matters related thereto shall be in Beaumont,
Texas.
D. This Agreement may only be amended by written instrument, approved and executed by both
parties.
E. The City may terminate this agreement if at any time, after a thirty -day written notice, the
CHDO is found to have violated any federal, state or local requirements, for nonperformance of the
terms of this agreement, or upon the unavailability of HOME funds.
F. It is expressly understood and agreed by and between the City and the CHDO that this
Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the
City by the U S Department of Housing and Urban Development (HOME Program No. M -18 -MC -
48 -0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be
exclusively from federal monies received under said HOME Program, and not from any other monies
of the City.
G. This Agreement does not provide for any administrative and/or operating costs incurred by the
CHDO.
H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.3 01
(attached hereto as Exhibit G)
I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a
court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining
provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best
efforts to replace the respective provision or provisions with terms and conditions approximating the
original intent of the parties and conforming in all respects with applicable law and HUD regulations
and directives.
J. The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on any
future occasion.
K. This written instrument and attachments constitute the entire agreement by the parties hereto
concerning the matter performed hereunder and any prior or contemporaneous, oral or written
agreement which purports to vary from the terms hereof shall be void.
L. CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and
employees, from and against any and all claims or suits for property loss or damage and personal
injury, including death to any and all persons, or whatever kind of character whether real or asserted,
arising out of or,in connection with the execution, performance, attempted performance or non-
performance of this contract and agreement and the operations, activities and services of the program
described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors, or sub -contractors of the City.
M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial
interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially
interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any
contract for fimiishing services or supplies to CHDO. Any willful violation of this paragraph with
the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract
voidable by the City of Beaumont.
N. No grants shall be made by CHDO to its directors or officers, either directly or indirectly,
through family members, business partners or employees. CHDO agrees that no HOME funds shall
be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph
with the knowledge, expressed or implied, of CHDO shall render this contract voidable by the City.
'0. CHDO covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with federal, state and local laws,
including all ordinances, rules and regulations of the City of Beaumont, as amended.. CHDQ further
covenants and agrees that it will fully comply with the terms and conditions of the HOME Program,
under which these funds are granted.
P. Each party has the full power and authority to enter into and perform this Agreement, and the
person signing on behalf of each party has been properly authorized and empowered to execute this
Agreement.
Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by
the terms and conditions contained herein.
Legacy Communi Development Corporation
In
Vivian L. Ballou, Executive Director
Date
STATE OF TEXAS
ACKNOWLEDGMENT
CITY OF BEAUMONT
This instrument was acknowledged before me on the day of January, 2019, by Vivian
Ballou, as Executive Director of Legacy Community Development Corporation a non-profit
organization, on behalf of said organization.
Jo Ann Patillo
CITY OF BEAUMONT
By: '
Kyle Hayes, City Manager Date
ATTEST:
By:
Tina Broussard, City Clerk
n
Date
Notary Public in and for the State of Texas
DEFMTIONS
Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be
required to be paid in the housing market area to obtain privately owned, existing, decent, safe
and sanitary rental housing of modest (non -luxury) nature with suitable amenities. Fair market
rents for existing housing are established by HUD for housing units of varying sizes (number of
bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888.
Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least
one year.
Initial contract rent. In the certificate program, the contract rent at the beginning of the initial
lease term.
Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit
to the tenant. The lease establishes the conditions for occupancy of the dwelling unit.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Legacy
Community Development Corporation (Legacy CDC) in the amount of $129,848 for the
construction of one (1) new home or the acquisition and rehabilitation of at least two (2)
units to be sold to eligible low -to -moderate income families; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Legacy CDC in the amount of $25,285.20 for related
operating expenses, said contracts to be funded from the 2018 HOME Program.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
2019.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January,
- Mayor Becky Ames -
K
January 29, 2019
Consider a resolution authorizing the City Manager to enter into a contract with Beaumont
Neighborhood Alliance for Habitat for Humanity
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: January 29, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
enter into a contract with Beaumont Neighborhood Alliance for
Habitat for Humanity.
M � ��i1;C!'IZIIi ►�
The City of Beaumont receives an annual allocation of HOME Investment Partnerships Program
funds from the U.S. Department of Housing and Urban Development (HUD). Federal
regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund
allocation be contracted to Community Housing Development Organizations (CHDO's) for
eligible CHDO activities.
Beaumont Neighborhood Alliance for Habitat for Humanity, a certified CHDO, is seeking to
stabilize neighborhoods by providing homeownership opportunities for low to moderate income
families. BNA for Habitat proposes to utilize $100,000.00 for the construction of one (1) new
home to be sold to an eligible low to moderate income family. Any and all income received by
BNA for Habitat for any properties must be used toward furthering the organization's affordable
housing activities. Housing Division staff will be responsible for monitoring BNA for Habitat
for HOME Program compliance.
FUNDING SOURCE
2018 HOME Program.
RECOMMENDATION
Approval of the resolution.
BEAUMONT NEIGHBORHOOD ALLIANCE
Community Development Housing Proposal
PURPOSE
Beaumont Neighborhood Alliance is committed to providing affordable housing to the low
to moderate income population throughout Jefferson County. Following the guiding
principles of Habitat for Humanity, we believe that everyone deserves a decent place to call
home and that homeownership can be a major factor in financial empowerment.
II. SCOPE OF SERVICES
We propose to purchase single family dwelling homes, renovate and then offer for purchase
to applicants who fall in the low to moderate income bracket. We purchase the property,
we renovate the property and then we sell the property utilizing our affordable housing
programs. This is a mechanism to increase homeownership in our community.
III. PROJECT COST
Total Proposed cost- $240,000
Estimate/ per job cost-$ 80,000
Total jobs projected- Three
IV. PRPOSED TIME FRAME
August- 2018 -August 2019
Breakdown of 2018 HOME Funds
70% Entitlement Funds
$353,992.80
$100,000.00 - DPA already awarded and almost expended
$253,992.80
$100,000.00 — To be awarded to Habitat for Humanity
$153,992.80
$100,000.00 — DPA (reserved - if needed)
$ 53,992.80
$ 53,992.80 — Legacy CDC
$0.00
15% CHDO Reserve Funds
$75,855.60 — Legacy CDC
$53,992.80 — Legacy CDC
$129,848.40 To be awarded to Legacy CDC
5% CHDO Operating Funds
$25,285.20 — To be awarded to Legacy CDC
HOME CHDO ALLOCATION FUNDING AGREEMENT
between the
CITY OF BEAUMONT
and the
Beaumont Neighborhood Alliance for Habitat For Humanity
This Community Housing Development Allocation Funding Agreement (Agreement
hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule
Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and
the Beaumont Neighborhood Alliance for Habitat for Humanity, a Texas non-profit corporation
(CHDO hereinafter), located at 610 Trinity Street, Beaumont, Texas 77701.
WHEREAS, the City of Beaumont has received a HOME grant from the United States
Department of Housing and Urban Development (HOME Program No. M -18 -MC -48-0201);
WHEREAS, the City has the objective of providing for the development of low -to -moderate
income housing for residents of the City through its Community Development Division;
WHEREAS, the Beaumont Neighborhood Alliance for Habitat For Humanity-, through its
express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City
of Beaumont approved Community Housing Development Organization (CHDO hereinafter);
WHEREAS, pursuant to the authority of Resolution Number #19-000, passed by the Beaumont
City Council on 00/00/19 the Beaumont Neighborhood Alliance for Habitat for Humanity_will enter
into a contract with the City for an award of the 2018 HOME funds totaling One Hundred
Thousand Dollars and 00/100 ($100,000.00);
WHEREAS, the City is required to reserve not less than 15 percent of the HOME allocation for
any fiscal year for investment only in housing to be developed, sponsored, or owned by certified
CHDOs pursuant to applicable U S Department of Housing and Urban Development (HUD)
regulations include but not limited to 24 CFR 92.300 (see attached hereto as Exhibit A), and as
approved in the City's 2018 Action Plan update of the 2015 - 2019 Consolidated Plan which set
aside a portion of HOME Grant funds for CHDOs to develop low -to -moderate income housing;
WHEREAS, The HOME allocation of One Hundred Thousand Dollars and 00/100
($100,000.00) will be used for the eligible costs related to the acquisition and rehabilitation of (1)
existing unit. Such housing will provide decent, safe and sanitary housing for eligible families;
WHEREAS, the City desires to assist the CHDO in providing for the acquisition of low -to -
moderate income housing through funds provided by HUD's Home Investment Partnerships Program
(HOME Program);
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and
obligations set forth herein, the City and CHDO covenant and agree as follows:
This Agreement sets forth the understanding of the parties concerning the City's HOME
allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities
and procedures the CHDO must comply with in order to qualify for a portion of the City's HOME
CHDO set aside. The parties have severally and collectively agreed, and by the execution hereof are
bound, to the mutual obligations and to the performance and accomplishment of the tasks described
herein.
Section 1— City's Responsibilities
A. The Community Development administrator, or other designated Community Development
Staff, will act as liaison on behalf of the City.
B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing
Assistance programs using HOME funds are carried out in accordance with the HOME
INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide
documentation as required by HUD for program reporting requirements.
C. The City agrees to pay eligible costs, up to a maximum total amount of One Hundred
Thousand Dollars and 00/100 ($100,000.00) on a reimbursement basis to the CHDO for eligible
activities as outlined in 24 CFR 92.300 (attached hereto as Exhibit A), carried out within the City's
jurisdictional boundaries, specifically, the acquisition and rehabilitation of one (1) unit. Specific
activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys,
inspections and make-ready costs associated with (1) unit which will be purchased, rehabbed and
sold to low/moderate income persons at or below 80% of the median income. Costs will be
reimbursed as set forth in the program's reimbursement policy.
D. CHDO agrees that a single or program -specific audit is a condition of funding for all entities
that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires the
CHDO to submit the most current financial review for the fiscal year completed by August 30, 2019.
Section 2 — Beaumont Neighborhood Alliance For Habitat for Humanities Responsibilities
A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on
behalf of the CHDO.
B. CHDO agrees to execute any and all documents requested by the City for compliance with
the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) (attached hereto as
Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more
particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments.
C. CHDO agrees to maintain itself as a City certified CHDO in accordance with Title II of the
National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment
Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations
policies and reporting requirements established by the City in conjunction with HUD, including
CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve
funds.
D. CHDO agrees to assure that all acquisition or rehabilitation projects will meet or exceed all
written locally adopted Property Standards as well as all applicable local and state. codes and other
federal requirements. Within ninety (90) days of the execution of this agreement, the Beaumont
Neighborhood Alliance For Habitat for Humanity will adopt the City's construction specifications
and standards to be used on projects funded by this agreement. Where applicable, all floor plans
must be certified as having met or exceeded the Model Energy Code prior to construction.
Variations from these standards should be approved in writing by the City's representative. Quality
and affordability shall be the criteria used to determine whether a requested variance will be
approved.
E. CHDO agrees to complete all acquisition, rehabilitation or new construction projects within
two years from the date of this agreement, or by federally required deadlines, whichever is sooner.
For projects including acquisition for new construction, the construction must begin within one (1)
year of the acquisition of the property. The issuance of a building permit will constitute start of
construction. If construction cannot be commenced by its start date as set out in Exhibit A, the
CHDO shall notify the City in writing at least 30 days prior- to the commencement date of the
specific nature of the events that prevent the commencement of construction. The City shall either
approve a new commencement date or deny the request for extension. The decision of the City's
representative shall be final. If a new start date is not approved, funds allocable to the structure will
be removed from the contract and the CHDO will be required to deed to the City any real property
provided.
F. CHDO agrees to provide the City full and complete documentation of all eligible acquisition,
materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested
reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal
G. Except where unavailable, CHDO agrees to make the homes acquired through this contract
available to applicants who have been qualified through a HUD Certified Homebuyer Counseling
A enc . Where applicable, CHDO agrees to collect homeownership applications, determine
eligibility, gather all initial data connected with these applications, and to assist the prospective
homebuyer with the negotiation of permanent financing with participating lenders. CHDO agrees to
ensure the long term affordability of the property to the new homebuyer as specified in 24 CFR
92.252 (attached hereto as Exhibit Q. These affordability requirements must be enforced by the use
of 2nd Lien Deeds of Trust and deed restrictions.
H. CHDO agrees to affirmatively market all properties to eligible low or moderate income
families as described 24 CFR 92.351 (a) (Exhibit D).
I. CHDO agrees to furnish the City with information on the program participants necessary to
meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status,
disability status and head -of -household status). Approval by the City is required prior to the applicant
receiving an approval letter from the CHDO. CHDO also agrees to make all files on
proj ects/programs funded by this agreement available for inspection by City staff. CHDO will report
any project and/or program delays or modifications and await City approval before proceeding.
CHDO will also report any instances of client fraud or program abuse to the City.
J. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or
unapproved programs or activities. These repayments will be made within thirty (30) days of
notification by the City of the ineligible expenditures.
K. CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at
the City's request. CHDO also agrees to report on a bi-annual basis to the City on program/project
status as outlined in 24 CFR 92.3 00 (attached hereto as Exhibit A). This must be a written report of
the status on recently completed, ongoing, and pre -approved programs and/or projects, and must
include information for the reporting period to include the status on applicant approvals/denials;
projects/programs approved; fund disbursements; project bidding information; property sales;
contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and
amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required
by the attached program guidelines (Exhibit E). CHDO agrees that the Program will be
administered according to all applicable regulations and guidelines per the City of Beaumont's 2018
Action Plan (as it may be amended), program design criteria and construction standards.
L. CHDO agrees to place all sales proceeds gained from this program back into its Affordable
Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing
activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is
certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the
development and construction of new houses AND (b) home buyer assistance including, but not
limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other
reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the
CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable
attributable to the use of grant funds shall transfer to the City. The CHDO further understands and
agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and
any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent.
M. CHDO agrees to secure the financial match requirements for M -18 -MC -48-0201 HOME
funds. The financial funding match requirement is 25% of total expenditures less CHDO Operating
funds.
N. CHDO agrees that the City will provide the CHDO with One Hundred Thousand Dollars
and 00/100 ($100,000.00) of 2018 HOME funds to be available through the City's draw process on
or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt
of invoices or payment vouchers from CHDO certifying that all requirements have been met.
O. The CHDO also understands and agrees to adhere to the City's procurement process (attached
hereto as Exhibit F). The City shall reserve the right to investigate, examine and monitor, at any
time, any and all such records relating to the operations or expenditures of CHDO under this
Agreement.
P. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental
housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market
Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit Q.
Section 3 - General Terms
A. This Agreement shall be fully executed in writing by both parties, and extend from January
30, 2019 through January 29, 2020. With agreement by both parties, the Agreement may be extended
for a time specified in a j ointly signed and approved term extension memorandum, not to exceed 24
months from the original effective date.
B. This Agreement and the rights and obligations contained herein may not be assigned by either
party-
C.
lyC. This Agreement has been made under, and shall be governed by, the laws of the State of
Texas. The parties agree that performance and all matters related thereto shall be in Beaumont,
Texas.
D. This Agreement may only be amended by written instrument, approved and executed by both
parties.
E. The City may terminate this agreement if at any time, after a thirty -day written notice, the
CHDO is found to have violated any federal, state or local requirements, for nonperformance of the
terms of this agreement, or upon the unavailability of HOME funds.
F. It is expressly understood and agreed by and between the City and the CHDO that this
Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the
City by the U S Department of Housing and Urban Development (HOME Program No. M -18 -MC -
48 -0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be
exclusively, from federal monies received under said HOME Program, and not from any other monies
of the City.
G. This Agreement does not provide for any administrative and/or operating costs incurred by the
CHDO.
H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301
(attached hereto as Exhibit G)
I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a
court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining
provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best
efforts to replace the respective provision or provisions with terms and conditions approximating the
original intent of the parties and conforming in all respects with applicable law and HUD regulations
and directives.
J. The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on any
future occasion.
K. This written instrument and attachments constitute the entire agreement by the parties hereto
concerning the matter performed hereunder and any prior or contemporaneous, oral or written
agreement which purports to vary from the terms hereof shall be void.
L. CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and
employees, from and against any and all claims or suits for property loss or damage and personal
injury, including death to any and all persons, or whatever kind of character whether real or asserted,
arising out of or in connection with the execution, performance, attempted performance or non-
performance of this contract and agreement and the operations, activities and services of the program
described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors, or sub -contractors of the City.
M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial
interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially
interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any
contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with
the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract
voidable by the City of Beaumont.
N. No grants shall be made by CHDO to its directors or officers, either directly or indirectly,
through family members, business partners or employees. CHDO agrees that no HOME funds shall
be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph
with the knowledge, expressed or implied, of CHDO shall render this -contract voidable by the City.
O. CHDO covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with federal, state and local laws,
including all ordinances, rules and regulations of the City of Beaumont, as amended. CHDO further
covenants and agrees that it will fully comply with the terms and conditions of the HOME Program,
under which these funds are granted.
P. Each party has the full power and authority to enter into and perform this Agreement, and the
person signing on behalf of each party has been properly authorized and empowered to execute this
Agreement.
Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by
the terms and conditions contained herein.
Beaumont Neighborhood Alliance For Habitat For Humanity
By:
Miriam Morgan, Executive Director
Date
STATE OF TEXAS
ACKNOWLEDGMENT
CITY OF BEAUMONT
This instrument was acknowledged before me on the day of January, 2019, by Miriam
Morgan, as Executive Director of Beaumont Neighborhood Alliance For Habitat for Humanity a
non-profit organization, on behalf of said organization.
Jo Ann Patillo
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
ATTEST:
By:
Tina Broussard, City Clerk
Date
Date
Notary Public in and for the State of Texas
DEFINITIONS
Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be
required to be paid in the housing market area to obtain privately owned, existing, decent, safe
and sanitary rental housing of modest (non -luxury) nature with suitable amenities. Fair market
rents for existing housing are established by HUD for housing units of varying sizes (number of
bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888.
Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least
one year.
Initial contract rent. In the certificate program, the contract rent at the beginning of the initial
lease term.
Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit
to the tenant. The lease establishes the conditions for occupancy of the dwelling unit.
I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with
Beaumont Neighborhood Alliance for Habitat for Humanity in the amount of $100,000 for
the construction of one (1) new home to be sold to an eligible low -to -moderate income
family, said contract to be funded from the 2018 HOME Program.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
2019.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January,
- Mayor Becky Ames -
PUBLIC HEARING
* Receive comments related to the mandatory
payment rate for the Local Provider
Participation Fund for FY 2019
C!
January 29, 2019
Consider setting the mandatory payment rate related to the Local Provider Participation Fund for
FY 2019
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager �j�
PREPARED BY: Todd Simoneaux, Chief Financial Officer 14
MEETING DATE: January 29, 2019
REQUESTED ACTION: Council consider setting the mandatory payment rate related to the
Local Provider Participation Fund for FY 2019 and holding a public
hearing.
BACKGROUND
On June 9, 2015, the City Council authorized the City's participation in a municipal health care
provider participation program to support the payment of Medicaid supplemental hospital
payments to Safety -Net Hospitals in the City. At the same time, the City Council authorized
the execution -of indigent care affiliation agreements with Baptist Hospitals of Southeast Texas
and Christus Hospital. In addition, on July 28, 2015, the City Council approved model rules
and procedures related to the City of Beaumont's facilitation of the program. The City of
Beaumont is required to set the amount of the mandatory payments required to be paid by the
hospitals. The mandatory payment must be uniformly proportionate with the amount of net
patient revenue generated by each paying hospital in the municipality. The mandatory rate for
the fiscal year ending 2019 will be 5.69%.
FUNDING SOURCE
Local Safety -Net Hospitals will make mandatory payments into the Beaumont Municipal Health
Care Provider Participation Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
RESOLUTION SETTING THE MANDATORY PAYMENT RATE FOR THE
FISCAL YEAR 2019 FOR THE LOCAL PROVIDER PARTICIPATION
FUND IN THE MUNICIPAL HEALTH CARE PROVIDER PARTICIPATION
PROGRAM.
WHEREAS, The Texas Legislature enacted S.B. 1387, which added Section 295
to the Health and Safety Code and which went into effect immediately upon being signed
by the Governor; and,
WHEREAS, pursuant to Section 295 of the Health and Safety Code, the City
Council has authorized the City of Beaumont to participate in a municipal health care
provider participation program and establish a Local Provider Participation Fund; and,
WHEREAS, the purpose of participation in a municipal health care provider
participation program is to generate revenue from a mandatory payment that may be
required by the City from each institutional health care provider located in the City of
Beaumont; and,
WHEREAS, revenue generated from mandatory payments may be used to fund
certain intergovernmental transfers; and,
WHEREAS, pursuant to 295.151 of the Health and Safety Code, a city that collects
a mandatory payment must set the amount of the mandatory payment;
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 ordinance are hereby,
in all things, approved and adopted; and,
THAT the Beaumont City Council sets the amount of the mandatory payment for
the fiscal year ending 2019 as 5.69% of the net patient revenue of an institutional health
care provider located in the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Council of the City of Beaumont is
authorized to take all other actions necessary to meet the requirements of Chapter 295.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2019.
- Mayor Becky Ames -
WORK SESSION
* Review and discuss the Summer Food
Service Program