HomeMy WebLinkAboutPACKET AUG 06 2019BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 6, 2019 1:30 PM
CONSENT AGENDA
Approval of minutes — July 30, 2019
Confirmation of board and commission member appointments
A) Authorize the City Manager, or his designee, to apply for and receive grant funds to
purchase Respirators for use in the Fire Department
B) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and
authorize final payment to BCAC Underground, LLC
C) Authorize the City Manager to execute Change Order No. 2 to the contract with
Excavation & Construction, LLC, for the Chlorination Contact Chamber Rehabilitation
Project
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Earl White, Fire Chief
MEETING DATE: August 6, 2019
REQUESTED ACTION:. , Council consider a resolution authorizing the City Manager, or his
designee, to apply for and receive grant funds to purchase
Respirators for use in the Fire Department.
BACKGROUND
The Fire Department is requesting authorization to apply for the Flint Hills Helping Heroes
Grant to purchase Air Purifying Respirators (PAPRs). Our current PAPRs are over ten years
old and in need of replacement. PAPRs are for extended use respiratory protection against
chemical, biological, radiological, nuclear (CBRN) environments. As a regional Hazardous
Materials Response Teams (HMRT), we cover multiple counties and jurisdictions consisting of
local, state and federal buildings. With the increased use of opioids, HMRTs are making more
calls involving fentanyl and unknown powders. The total amount requested is $7,023.78, which
will allow for the purchase of six Respirators.
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 apply for and receive funds in
the amount of $7,023.78 through the Flint Hills Heroes Grant for the purchase of six (6)
Respirators for use by the Fire Department for extended use of respiratory protection
against chemical, biological, radiological, and nuclear (CBRN) environments; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents necessary to apply for and accept funding through
the Flint Hills Heroes Grant in the amount of $7,023.78.
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 6th day of
August, 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: August 6, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 1, accept maintenance, and authorize
final payment to BCAC Underground, LLC.
BACKGROUND
On March 5, 2019, by Resolution 19-052, City Council awarded a contract to BCAC
Underground, LLC, of Rosharon, for the Long Lift Station Wet Well and Influent/Effluent Sewer
Line Cleaning and Televising Contract in the amount of $90,314.00.
Change Order No. 1, would result in a decrease in the amount of ($5,699.70), and is required to
adjust estimated quantities in the contract to reflect the actual quantities used in the completion of
the project: If approved, the final contract amount would be $84,614.30.
The project has been inspected by Water Utilities and found to be complete in accordance with the
provisions and terms set out in the contract. Acceptance of Change Order No. 1, maintenance and
final payment in the amount of $4,230.71 is recommended.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on March 5, 2019, the City Council of the City of Beaumont, Texas
passed Resolution No. 19-052 awarding a contract in the amount of $90,314.00 to
BCAC Underground, LLC, of Rosharon, Texas, for the Long Lift Station Wet Well and
Influent/Effluent Sewer Line Cleaning and Televising Contract; and,
WHEREAS, Change Order No. 1, in the amount of ($5,699.70), is required to
adjust the estimated quantities in the contract to reflect the actual quantities used in the
completion of the project, thereby decreasing the total contract amount to $84,614.30;
and,
WHEREAS, the project has been inspected by the Water Utilities Division and
found to be complete in accordance with the provisions and terms set forth in the
contract;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change
Order No. 1, in the amount of ($5,699.70), for work described above, thereby
decreasing the total contract amount to $84,614.30 for the Long Lift Station Wet Well
and Influent/Effluent Sewer Line Cleaning and Televising Contract; and,
BE IT FURTHER RESOLVED THAT the Long Lift Station Wet Well and
Influent/Effluent Sewer Line Cleaning and Televising Contract be and the same is
hereby accepted; and,,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make
final payment in the amount of $4,230.71 to BCAC Underground, LLC, of Rosharon,
Texas.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
August, 2019.
- Mayor Becky Ames.-
C-
BEAUMONT
TO: City Council
FROM: . Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, Public. Works Director
MEETING DATE: August 6, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 2 to the contract with Excavation &
Construction, LLC, for the Chlorination Contact Chamber
Rehabilitation Project.
BACKGROUND
On September 18, 2018, by Resolution No. 18-229, City Council awarded a contract to
Excavation_& Construction, LLC, of Port Arthur for the Chlorination Contact Chamber
Rehabilitation Project in the amount of $1,099,759.98.
Previous Change Order. No. 1, in the amount of $3,000.00, was executed by the City Manager on
April 26, 2019.
Proposed Change Order No. 2, in the amount of $19,862.00, is required to order and replace four
(4) gates due to their unrepairable condition per the manufacturer and to sod the surrounding area
of the Chlorination Contact Chamber to establish vegetation.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on September 18, 2018, the City Council of the City of Beaumont,
Texas passed Resolution No. 18-229 awarding a contract in the amount of
$1,099,759.98 to Excavation & Construction, LLC, of Port Arthur, Texas, for the
Chlorination Contact Chamber Rehabilitation Project; and,
WHEREAS, on April 16, 2019, the City Manager executed Change Order No. 1,
in the amount of $3,000.00, for the installation of higher strength Class.A concrete and
the reduction in quantities of concrete used for the project, thereby increasing the total
contract amount to $1,102,759.98; and,
WHEREAS, Change Order No. 2, in the amount of $19,862.00.00, is required to
order and replace four (4) gates due to their unrepairable condition per the
manufacturer and to sod the surrounding area of the Chlorination Contact Chamber to
establish vegetation, thereby increasing the total contract amount to $1,122,621.98;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change
Order No. 2, in the amount of $19,862.00 for additional work described above, thereby
increasing the total contract amount to $1,122,621.98 for the Chlorination Contact
Chamber Rehabilitation Project; and,
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6t" day of
August, 2019.
- Mayor Becky Ames -
CITY OF BEAUMONT
Date:
July 22, 2019
Project:
Chlorination Contact Chamber
County:
Jefferson
District:
Beaumont
Contract Number:
WU0218-15 Contact Chamber
Owner:
City of Beaumont
Contractor:
Excavation & Construction, LLC.
C.O. No.:
2
Quantities added to adjust for a change in work regarding Gates.
Item No.
Item Cade
Description
Unit
Original
Quantity
NewUnit
Quantity
Price
Total
7
XXXX
Weir Gate Seal Replacements
EA
4
0.00
$
1,200.00
$ 4,800.00
999
XXXX
Unforseen Work as Directed by the Owner (ALLOWANCE)
EA
1
0.00
$
50,000.00
$ 50,000.00
999
002
Remove and Replace Existing Gates
EA
0
4.00
$
2,500.00
$ 10,000.00
999
003
Fontaine Aquanox Water Control Gates (All Labor,Equipment and Materials)
EA
0
4.00
$
15,228.00
$ 60,912.00
999
004
Vegetative Establishment (Sod and Watering)
SY
0
750.00
$
5.00
$ 3,750.00
ORIGINAL CONTRACT AMOUNT:
NET FROM PREVIOUS CHANGE ORDERS:
TOTAL AMOUNT OF THIS CHANGE ORDER:
PERCENT OF THIS CHANGE ORDER:
TOTAL PERCENT CHANGE ORDER TO DATE:
NEW CONTRACT AMOUNT:
ACCEPTEDBY:
� - 8 / Zoly
EXCAVATIO CONSTRUCTION,LLC-REP. DATE
PREP ED
Rbrd E. CROCHET, RO A ESIGNER I DATE
APPROVED BY:
KYLE HAYES, CITY MANAGER DATE
TOTAL: $19,862.00
$1,099,759.98
$1,102,759.98
$19,862.00
1.80%
2.08%
$1,122,621.98
REVIEWED BY: r
-�� 4 Al
DR SEPH JDALANI, P. DATE
ATTESTED BY:
TINA BROUSSARD, CITY CLERK DATE
RESOLUTION NO. 18-229
WHEREAS, the City of Beaumont solicited bids for the Chlorination Contract
Chamber Rehabilitation Project; and,
WHEREAS, Excavation & Construction, LLC, of Port Arthur, Texas, submitted_ a
complete bid meeting specifications in the amount of $1,099,759.98; and,
WHEREAS, the City Council is of the opinion that the bid submitted by Excavation
& Construction, LLC, of Port -Arthur, Texas, is the lowest bidder providing the best value. .•
to the City and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and .findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council hereby approves the award of a contract to Excavation &
Construction, LLC, of Port Arthur, Texas,. in the amount of $1,099,759.98 for the
Chlorination Contact Chamber Rehabilitation Project; and, - '
BE IT FURTHER RESOLVED THAT the City Manager be and he is. hereby
authorized to execute a Contract with Excavation & Construction, LLC, of Port Arthur,
Texas, for the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 18th day of
September, 2018.
U -
APPROVAL or CONTRACT CHANGE
CHANGE ORDER No. Ono (1)
April 16, 2019
Page 1 of 1
PROJECT: City of Beaumont, Texas
Chlorination Contact Chamber Rehabilitation
OWNER: City 'of Beaumont, Texas
801 Main Street
Beaumont, Texas 77704 ,
CONTRACTOR: Excavation& Construction, LLC
6601 Proctor Street
Port Arthur, TX 77642
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change: The Contract initially called for Class B concrete for the 6" rip rap replacement. Excavation and removal of
the existing concrete slopes revealed field conditions that require a higher strength design mix for the rip rap. Itcm 10 will allow for
Class A concrete (higher strength) to be installed.
ORIGINAL CONTRACT AMOUNT: S 1,099,759.98
THIS CHANGE ORDER
Description: Unit Price Guarrtb Net Change
AD
Item 10 6" Concrete Rip Rap Replacemcnl, Class A Concrete 5890.38/CY 600.00 S 534,228.00
ADJUST
Item 2 Reduce the quantities from 800 CY to 200 CY IS (531,228.00)
TOTAL AMOUNT Or THIS CHANGE ORDER: $ 3,000.00
TOTAL REVISED. CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: S 1.102,759.98
CONTRACT TIME
Original Contract Time: 150 Calendar Days
Additional Time Requested: 0 Calendirt)ays
Revised Contract Time per this Change Order: 150 Calendar Days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees thet the adjustments in contract price and contract time stipulated in this Change Order
represents tall compensation for all increases and decreases in the cost of, and the time required.to perform the entire work under
the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this.waiver
constitutes an agreement between Owner and Contractor that the Change Order represents as all inclusive, mutually agreed upon
adjustment to the Contract, and that Contractor will waive all rights to Me a claim on this Change Order after it is- properly
executed:'
Recommended by:
ty of eaumont
Public Works Dlicator t U
Date: L t Z6 � 1
Approved b�_
City of Beaumont
Owner Q
Date:
Acceptedby:
Excavation & Construction, LLC
Contractor
Date:l�p���
REAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 6, 2019 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
Presentations and Recognitions
Public Comment: Persons may speak on the Consent Agenda
Consent Agenda
PUBLIC HEARING
Receive comments on a determination of the Public Health Director that a
public health nuisance exists on the property owned by Woodrow Wilson Leone,
Jr. located at 4800 M.L. King Jr. Parkway; Beaumont, Texas 77705
1. Consider an ordinance finding and ratifying the determination of the Public Health
Director that a public health nuisance exists on the property owned by Woodrow
Wilson Leone, Jr. located at 4800 M.L. King Jr. Parkway; Beaumont, Texas 77705
WORK SESSIONS
Review and discuss the bid process used for the construction of street, drainage,
general improvement, and water/sewer projects
* Review and discuss the requirements involved related to the construction of
sidewalks by the private and public sectors
* Review and discuss the City's Small Business Revolving Loan 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:
Carla Tyler and Lawanna.Armstrong vs. City of Beaumont, Texas; Cause
No. A-203,777
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.
PUBLIC HEARING
* Receive comments on a determination of the
Public Health Director that,a public health
nuisance exists on the property owned by
Woodrow Wilson Leone, Jr. located at 4800
M.L. King Jr. Parkway; Beaumont, Texas
77705
1
August 6, 2019
Consider an ordinance finding and ratifying the determination of the Public Health Director that a
public health nuisance exists on the property owned by Woodrow Wilson Leone, Jr. located at
4800 M.L. King Jr. Parkway; Beaumont, Texas 77705
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: August 6, 2019
REQUESTED ACTION: Request a public hearing and for council to consider finding and
ratifying the determination of the Public Health Director that a
public health nuisance exists on the property owned by Woodrow
Wilson Leone, Jr. located at 4800 M.L. King Jr. Parkway;
Beaumont,'Texas 77705.
BACKGROUND
According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001. a
nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the
ground, the water, the air or food a hazard.or injury to human health is hereby declared to be a
nuisance.
The City's Code of Ordinances further states in Chapter 12 Offenses & Nuisances Section
12.07.033 that a person who owns or occupies property commits an offense if that person allows
litter to accumulate on that person's property.
The violations on this property are:
Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04,
Section 10.04.001 & Section 10.04.003
Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07,
Section 12.07.002
Mosquito Breeding Conditions Chapter 10 Health & Sanitation,
Article 10.05, Section 10.05.005
Stagnant Water Chapter 10 Health & Sanitation, Article 10.01,
Section 10.01.003
Weeds Chapter 10 Health & Sanitation, Article 10.06, Sec
10.06.001
If the property owner fails to comply within ten (10) days, staff is requesting the authorization of
City Council to clean the property and/or authorize the City Attorney to seek legal action to have
the nuisances abated.
The legal description of the property is LAMAR L15-181311 NE PT L191311 4800 M L King Jr.
PKWY S.
FUNDING SOURCE
General Fund — Public Health.
RECOMMENDATION
Approval of the ordinance.
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ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING A CERTAIN
PROPERTY TO BE A PUBLIC HEALTH NUISANCE AND
ORDERING ABATEMENT; AUTHORIZING CLEANUP;
AUTHORIZING SUIT; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR A PENALTY.
Section 1.
That the City Council of the City of Beaumont hereby finds and declares the
property located at:
#1) 4800 M.L. King, Jr. Parkway .
LAMAR L15-18 B11 NE PT L19 1311
Owned by Mr. Woodrow Wilson Leone, Jr.
to be a public health nuisance in that said property is in violation of Chapter 10, Article
10.01, Section 10.01.004; Chapter 10, Article 10.04, Section 10.04.001 and Section
10.04.003; Chapter 10, Article 10.05, Section 10.05.005; Chapter 10, Article 10.06,
Section 10.06.001; and, Chapter 12, Article 12.07, Section 12.007.002 of the Code of
Ordinances of the City of Beaumont and is for want of retrieval and allowance of the
accumulation of trash, litter, debris, and water in an unsafe and -unsanitary condition so
as to allow for the breeding and proliferation of infectious mosquitoes and rats, or
otherwise likely to endanger the health, safety or general welfare of the citizens of the
City.
Section 2.
In accordance with Chapter 10, Articles 10.04, 10.05, and 10.06 and Chapter 12,
Article 12.07 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that
the owner of the following described property retrieve and remove all litter, trash, or
debris which may become the harborage for rats or any standing or stagnant water that
may become the breeding place for mosquitoes within ten (10) days of the effective
date of this ordinance.
If the property owner fail(s) to comply within ten (10) days, Council orders that
the property be cleaned at the owner's expense without further notification to the
property owners or City Council action. A lien will be placed against the property as an
assessment of expenses incurred for the work performed.
Section 3.
That the City Attorney is hereby authorized to file and prosecute a lawsuit against
the owner to compel compliance with the City's Health and Safety Codes.
Section 4.
That if any section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 5.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of
Beaumont, Texas.
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 6th day of
August, 2019.
- Mayor Becky Ames
WORK SESSION
Review and discuss the bid process used for
the construction of street, drainage, general
improvement, and water/sewer projects
WORK SESSION
Review and discuss the requirements
involved related to the construction of
sidewalks by the private and public sectors
WORK SESSION
Review and discuss the City's Small
Business Revolving Loan Program