HomeMy WebLinkAbout12/22/2020 PACKETBEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, DECEMBER 22, 2020 1:30 PM
C911]LKW`►9W.1X" 0 n1
* Approval of minutes — December 15, 2020
* Confirmation of board and commission member appointments
A) Authorize the City Manager to execute an annual agreement with. Capital Edge
Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant
B) Authorize the City Manager to execute Change Order No. 3, accept maintenance, and
authorize a final payment to Chief Solutions, Inc. for the Sewer Evaluation Work Order
Contract -Phase III
C) Amend Resolution No. 20-217 for the cost to repair a compactor used at the Landfill
0
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: December 22, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an annual agreement with Capital Edge Advocacy, Inc. to
provide services as the City of Beaumont's Washington Assistant.
BACKGROUND
On a yearly basis since 1980, the City has contracted with an organization to provide legislative
services on the federal level. Mr. Chris Giglio, as the City's Washington Assistant, is
responsible for reviewing federal executive proposals, legislation under consideration, and
proposed and adopted administrative rules and regulations which could impact the City of
Beaumont's policies or programs. Staff is very pleased with the professionalism and high
quality of service provided by Capital Edge.
A letter from Mr. Giglio and the proposed contract are attached for your review. The contract
amount of $68,400 remains the same as last year. The contract also includes a maximum of
$4,000 for reimbursable expenses.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of the resolution.
CapitalEdge
December 10, 2020
Mr. Kyle Hayes
City Manager
P.O. Box 3827
Beaumont, TX 77704
Dear Kyle:
Please consider this a formal request for a twelve-month renewal of our contract with the
City for federal lobbying and information services. Our current agreement expires on December
31 and we do not seek any changes.
The COVID-19 pandemic certainly had an impact on activities in Washington this year,
but Congress has succeeded in providing some relief, predominantly through .the CARES .Act this
spring. And, as you know, the President and Congress are currently working to enact another
round of pandemic relief in which we have been working to ensure that Beaumont can receive
direct funding should state and local assistance be included.
Congress is also finalizing a FY 2021 federal budget in the next week, and we believe
that many of the programs that the City accesses, such as CDBG and HOME at HUD, :public
safety programs at Justice and DHS, and highway and transit programs at Transportation, will be
funded near or at their current levels.
In the coming year, we hope to. continue to assist the City in ensuring the flow of federal .
assistance and reimbursement in the wake of recent storms, continued funding for the deepening
of -the- Sabine -Neches Ship Channel, protecting the City from federal preemption of local.
authority in areas such as telecommunications, drones, and autonomous vehicles, and other City
priorities on the federal level.
We also continue to advocate for Congress coming together for a broad -based
infrastructure package that could provide some stimulus for important priorities in Beaumont.
such as drainage, wastewater and drinking water improvements, transportation, and community
pre -disaster mitigations efforts.
As always, it has been a.pleasure to serve the City of Beaumont in Washington, and we
are grateful for your guidance and that of the Mayor and City Council. Please feel free to contact
me with any questions you may have about our_services.
Sincerely,
i
Christopher F. Giglio
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an annual agreement
with Capital Edge Advocacy, Inc. to serve as the City of Beaumont's Washington, D.C.
Assistant in the amount of $68,400.00, with an additional maximum amount of $4,000.00
for reimbursable expenses. 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 22nd day of
December, 2020.
- Mayor Becky Ames -
AGREEMENT
BETWEEN THE CITY OF BEAUMONT, TEXAS
AND
CAPITAL EDGE ADVOCACY, INC.
1212 NEW YORK AVENUE, NW - SUITE 250
WASHINGTON, D.C. 20005-3953 -
Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes
referred to as the "City") and Capital Edge Advocacy, Inc. (hereinafter sometimes
referred to as "Consultant") agree to assume the following obligations.
L Obllga Lions of Consultant
A. Consultant will organize and operate a unit to act as a
Washington office for the City and will be the assigned
member of its staff. Consultant will be responsible for
obtaining and furnishing requisite staff, .office space, utilities,
furnishings, and. equipment, common -use office supplies and
services, and general administrative support according to the
level of service specified in Paragraph IV;
B. Consultant will confer with the City Manager and such other
City personnel as the City Manager may designate at the times.
and places mutually agreed to by the City Manager on all
organizational planning and .program activities which have a
bearing on the ability of the City to make the best use of federal
aid programs; -and will act as Washington Assistant to the City
of Beaumont, Texas;
C. As Washington Assistant the Consultantwill review federal
executive proposals, legislation under consideration, proposed
and adopted administrative rules and regulations and other
Washington developments for the purpose of advising the City
of those items which may have a bearing on City policy or
programs;
D. More specifically, as Washington Assistant the Consultant will
advise and consult on behalf of the City with the White House
and any other Federal agencies, departments and commissions
as may be necessary to the performance of full Washington
service to the City Manager and the City. Additionally, the
Consultant will act as liaison with the U.S. Conference of
Mayors and the National League of Cities, and will furnish
legislative and administrative analyses of issues as requested;
1
EXHIBIT "A"
E. As Washington Assistant the Consultant will secure and
furnish such detailed information as may be available on
federal programs in which: the City indicates an interest;
F. As Washington Assistant the Consultant will review and
comment on proposals of the City which are being prepared
for submission to federal agencies when requested to do so by
the City Manager or his designees;
G. As Washington Assistant the Consultant will maintain liaison
with the City's Congressional delegation and will assist the
delegation in any matter which the City determines to be in its
best interest in the same manner as any other member of the
City's administrative staff might render assistance;
H. As Washington Assistant the Consultant will counsel with the
City regarding appearances by - City personnel before
Congressional committees and administrative agencies and will
arrange for appointments and accommodations. for City
personnel as necessary;
I: As Washington Assistant the Consultant will contact federal
agencies on the City's behalf when City applications are under
consideration by such agencies and counsel the City to take
whatever steps appear to be required to obtain . the most
favorable consideration of such applications;
J. As Washington Assistant the Consultant will advise and
consult with or otherwise make assistance available to such
representatives of the private sector who are. engaged. in
economic development activities as determined by the City
Manager to be in the best interests of the City;
K. In fulfilling her responsibilities under this Agreement, the
Washington Assistant will act in the name of the City of
Beaumont, -Texas under the supervision of the City Manager.
Any change in the person of the Washington Assistant from
the person representing the City as of the effective date of this
agreement must be approved by the City.Manager.
11. Obligations of the City ofBeaumont, Texas
A. To advise the Consultant of the name or names of persons
other. than the City Manager authorized to request service and
the person.or persons to be kept advised by the Washington
Assistant;
Pj
B. To supply the Consultant with a summary of all federal
programs in which the City is participating and advise the
Consultant- of any new applications _filed, together with
pertinent details as to the substance of such applications;
C. To supply the Consultant with copies of budgets, planning
documents, and regular reports of the City Manager and
departments, Council agenda and proceedings, newspapers
and other materials which will assist the Consultant in keeping
current on City policies and programs;
D. To reimburse the Consultant for expenses incurred on behalf
of the City pursuant to the duties of Paragraph I as approved
by the City Manager subject to. the provisions of Paragraph IV;
III. The City ofBeaumont, Texas and the Consultant
concur that the following exclusions shall apply to this
Agreement.•
A. The Consultant:
1. Will not represent commercial or industrial establishments of
the City in pursuit of federalbusiness except in accordance
with the provisions of Paragraph I, Subparagraph J, above;
2. Will not, by virtue of this Agreement, represent other local.
government agencies in Beaumont, Texas except those which
are instrumentalities or agencies of the City of Beaumont,
Texas;
3. Will not perform any legal, engineering, accounting or other
similar professional service;
4. Will not directly or indirectly participate in or intervene in any
political campaign on behalf of or in opposition toany
candidate for public office in or representing the City.
IV. Compensation
The cost of service will be $68,400.00 for twelve months, payable in advance, in equal
monthly installments of $5,700.00 commencing on the first day of January 2021. In
addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to
Paragraph II, Subparagraph D.
3
V. Termination
Either party may terminate this Agreement at any time by giving the oilier at least sixty
(60) days' notice in writing of such termination.
IN WITNESS WHEREOF:
ATTEST DATE
.l
At, elz-021-0
topher . Giglio, Capital_E b Advocacy, Inc.
Kyle Hayes, City Manager
15
0
BEAUMONT
,ExAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: December 22, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 3, accept maintenance, and authorize
final payment to Chief Solutions, Inc.
BACKGROUND
On June 18, 2019, by Resolution .19-083, City Council awarded a contract to Chief Solutions,
Inc., from Houston, in the amount of $528,367.02 for the. Sewer Evaluation Work Order Contract
— Phase III.
Previous Change Order Nos. 1 - 2, did not affect the contract amount, but extended the length of
the contract by 184 calendar days, and are attached for your review.
Proposed Change Order No. 3, in the amount of $20.10 is required to adjust the estimated
quantities in the contract to reflect the actual quantities used in the completion of the project. If
approved, the final contract amount will be $528,387.13.
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 OrderNo. 3,
maintenance, and final payment in the amount of $26,419.36 is recommended.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
CITY OF BEAUMONT
Date:
Do comber 11, 2020
.
Pra)acl: _
Savior Evaluation Work Order Contract •Phase IN
-
County:
Micron".
'
District:
Deaumant
Contract Number:
BID NO. WU0219.14
Owner:
city of Dseumonl
Contractor:
Chiordolulions, Imo
-
C.O.No„
3 (Final Ohanys Order)
THE FOLLOVANO CHANGES IN THE PLANS ANDIOR SPECIFICATIONS ARE HEREBY MADE:
Ad)uslmanl or osWnaled qupna0as in the contract to rallacl the quantities
used Utou21-cult apieJuLly
it.. No. Ilan Codo
DESCRIPTION Unll
pd9inal Changoln Unit
_
Ouanll quanlil prize Total ,
A00
3
2S5S
Cksaoing 6'-00'Smyer,MDepths
LF
40.000
54,630
$1.694198
$ 92,55793
4
,2558
Chening 12'-05' Sewer, N Depths
LF
20,000
:23,140
$1.94518 it
S A5,011.65
10
.. .2558
TV inspection WAO' Sewer, All Depths
LF.
40,000
54,mo
$1.2W816
I S .70,51-1.28
11
2555
NlnspactIon lfi%]5'Sowo, M Depths
LF
20,000
23,140
61.29081E
S 29.839AS
. DELETE ... ..
2
2556
Smake Tes" Solver _
LF
200,000
(142.997)
$0.448200
11$W.091.26)
5
255E
Clesnkg 16.2i'S4vner,MDepths
LF
75,000
(8,270)
$2.599560
,(Si6,299.24)
8
2550
Cleaning 26•a0' Sewer, M Doghs
LF
5.000
(5,000)
',55,190156
($25.950.78)
7
2558
Gloaming 32-W Sewe,N Oapft
LF
ZOW
(327)
$ID.31t1712 -
(5?,394.36)
a
2558
Clom g4T-4e' Sawe,NDepths
LF
2,000
(2,00(1)
$15.570463
($31,140.E4)
9:
- 25Se
Clearing 64'•7r Sewn, N Depths
LF
1,000
(1,0(?0)
$17.793S40
($17,793,54)
12
2558
Nhsspec5an 16.24• Sewer. Ali Depths
LF
15,000
(6,270)
51.9�51ee
(512,196.33)
13
25S8
Nlnspa&.n 26'-00'Sewe, M Deplhs
LF
5.000
(5,000)
$2599580
($12,997.E0)
14
255E
TV Impaction 3r--3S• Bewer,N Depths
LF
2,000
(327)
54.635784
($1.4E720)
15
2558
TV inspection 4r-40'Sewe, N DepW
LF
2.000
(2,000)
$5,190158
(510.350.31)
16
2558
TV Inspection 54%72' Sower, All Depths
LF
1.000
(1,000)
$6.450972
($6,480.97)
17
SD4
Basdndes, Signs end TmlfieHandtig
Each
20
(201
$197.208
I ($3.944.16)
IS.
2553
Obstiucfipn Ramovalhy Eamv;&n.NSlms.NDopMs
LS
1
(1)
$1.434.24
(51.43424)
19:
7557
Obstruction Removal by Remote AlsUwd(Sel•up tot Each
Manhole,Srrcddn; AN sizes. All Depths)
LE
1:
(1)
$]i5.t14
(5345.11)
AF&W m
Udareseen Works as Wiecled by the Owner
Non
1
I1)
$30.00090
(530.000.90)
TOTAL AMOUNT OF THIS CHANOEORDER 20.10
- 0 CALENDAR DAYS WILL BE ADDEO TO THIS CHANGE ORDER '
ORIGINAL CONTRACTAMOUNT: - S 528,367.03 -
NET FROM PREVIOUS CHANGE ORDERS: S
TOTAL AMOUNT OF THIS CHANGE ORDER 3 - - .20AO '
PERCENT OF THIS CHANGE ORDER 0.O04%
TOTAL PERCENT CHANGE ORDER TO DATE: 0.004%
RON CONTRACTAMOUNT. S .528.367.13
CONTRACTTIME
ORIGINAL COHTRACTTNIE:. 365 coWdordays
- ADDITIONALTIME UNDERCO N6. 1 64 calendar days -
ADOI1NONALTIIdEUNDERCON0.2 120 ealindardays - -
REVISEDCONTRACTTIME 549 calendar days -
43.fulf
PREPARED BY: -
. DATE JOHN PIPP S III,EIT, DATE
- - - . WATER LRIES IGN M AGER "
REVIEWEDB : REVIE�YED
AMALUS NLLARREAL, P.E - ATE OA GATE_ -
CITYENOIN_EER - OIR TOR OF PUEUCWORKSAND
TECHNOLOGY SERVICES
APPROVED BY: ATTESTED BY.
KYLE HAYES .. .. DATE TINA BROU33ARO . DATE ..
CITY MANAGER CRY CLERK -
RESOLUTION NO. 19-083
WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials,
equipment, and supplies for the Sewer Evaluation Work Order Contract -Phase III
Project; and,
WHEREAS, Chief Solutions, Inc., of Houston; Texas, submitted a complete bid
meeting specifications in the amount of $528,367.02.; and,.
WHEREAS, the City Council is of the opinion that the bid submitted by Chief -
Solutions, Inc., of Houston, Texas, is the lowest responsible bidder providing the best .
value to the City and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT,
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council hereby approves the award. of a contract to Chief
Solutions, Inc., of Houston, Texas, in the amount of $528,367.02, for the Sewer
Evaluation Work Order Contract -Phase III Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby .
authorized to execute a Contract with Chief Solutions, Inc., of Houston, 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 9th day of
April, 2019.
ayo Becky Ames=
1
l
CITY Or' BEAUMONT
DATE t 1Vlny 29, 2020
PA03ECT: SetvcrEvaluation WorltOrder Contract -PhaselU
OIVNER: CITY Or, BRAUMONT
CONTRACTOR.: fsolatlons,Inc.
CHANGE ORDER: 2' }
THE TOLLOIVING CHANGES IN THE PLANS AND/OR SPECIFICATIONS AIM HEREBYWIADE:
Due to the COVM-19pandemic and resullingSmy-At-Rome Orders, the Contrcolor s staEllng structure has been severclyAffected. Additionally, the dagmded solver line canditionshnvo decreased
Iho capturo rpto ofepch work order. Thls Change Order includes the addition or 120 calendar days to Ibb Contract to account for dolays roused by the pendemlo and the decreased capture rate
incurred through hfay 2020. The arty Contract duration shall be 599 ealendardnys, with completion on Novenlber20, 7020. '
Add/Delete Contraction Hems and/or Quantities to ilia Coalract: "
1TEliNO.
ITEM
pESCRIPTIOIV
UNl7'
DID QUANTITY
ACTUAL
UNIT
CHANGE ORDER
COKE
UANTIh'
PRICE.
AMOUNT
TOTALANOUNT ADDEDIDEDUCTEII
BROMTHE•CONTRACT
$
ORIGINAL CONTRACT AMOUNT
NET FROM PREVIOUS CHANGE ORDERS
TOTAL AMOUNT Or THIS CHANGE ORDER:
PERCENT OFTHIS CHANGE ORDER;
TOTAL PERCENT CHANGE ORDERS TO DATE s
NEW CONTRACT AMOUNT;
s �
ACQEPTEDBY:
120 CALENDAR DAYS IV1LL BE ADDED TO THE CONTRACT
S SA367.02
S
0100%
0.00%
S 525,367.0E
7 �~ zz.
O1�t0PREPARED BY: v • `V v "ry / �E ; EDIVARD BROWN DATE
%
IVATEkUTII:ITIES DBSIONER I1
RECOMMENDHDBY: %Z!� RECOMMRNDEDBDA&d��► 0 d A L" I I J.A
ARTKO V1AK DATE
DIRECTOR UB CIVO�ICS TECHNOLOOYSERVICES
•
APPROVEDBY• ` ATTESTEDBY
KYLERAYES, CITY MANAGER DATE
CITYMANAGER
w
CLERK
6 •.1tab
ATE
CITY OF BEAM MONT
DATE: April7,2020
PROJECT: Server Evaluation Work Order Coniract-PitnseIII
OWNER: CITYOFBEAUhIONT
CONTRACTOR: L`C f'Solullons,Inc.
CHANGEORDER.. ifl
THEFOLLOIVING CHANGES !N THE PLANS AND/OR SPEC1rICATIONS ARE HEREBY MADE:
The actual numberorinclemmnt wentherdays lias exceeded Ihe20 days allotted in 11te Contract. This Chongo Order includes the od9hion of6d colendardays to the Contmct to account for the
inclement weather related delays incurred through rebmory 2020. The new Contract duration sholl be 429 calendar days, with completion on July 31, 2020.
AddlDclete Consiniclion Items and/or Ouanlities to the Contract:
1TGIIiNO.
1TEt1I
DESCRIPTION
UMT
DID.
ACTUAL
UNLTPRICE
CHANGE ORDER
CODEQUANTITY
QUANTITY
AMOUNT
TOTAL AIVIOUNTADDED/DEDUCfED
FROM THE CONTRACT
$ _
ORIGINAL CONTRACT AMOUNT :
NET FROM PREVIOUS CHANCE ORDERS:
TOTAL AMOUNT OFTHIS CHANGE ORDER t
PERCENT OF THIS CHANGE ORDER:
TOTAL PERCENT CHANGE ORDERS TO DATE:
NEIVCONTRACT AMOUNTA. 1A
69 CALENDARDAYS MULL BE ADDED TO THE CONTRACT
S 528,367.02
S
S
0.00%
O.00y.
S 5211,367.02
'ACCEPTEDjCO.TBARTKUMAK
v v r " PREPARED BY: / c �( /i�0 Q
L IONS, IN DATE D� BROWN DATE
R %VATERLTfUTIS DESIGNER II
)11IDC•D$ �RECOb1hiENDHDHY;
DATE AMALIA "MOLLY" VILLARREAL, PE DATE
DIRECTOR OI:PUBLIC1VOT&TE�LOGYSERVICES m
/FNG nnR/APPROVED BY: (J\� ATTESTEDJ3Y WUKYLEHAYES,CITYMANAGER DATE SARD DATE
CITY MANAGER CrIY CLERK
PROGRESS PAYMENT No.
CONTRACT TIME BEGAN:
CALENDAR DAYS ALLOWED:
CALENDAR DAYS USED:
CALENDAR DAYS OVER:
Change Order Summary
Contractor's Certification
The undersigned Contractor certifies that to the best of its knowledge:
1. all previous progress payments received from Owner on account of Work
done under the Contract have been applied on account to discharge
Contractor'slegitimate obligations.Incurred in connection. with Work covered by
prior Progress Payments.
2. title of. all Work, materialszrid equipment incorporated in said Work or
otherwise listed in or covered by this Progress' Payment will pass to Owner at,
_time of. payment free *and clear of all Liens, security interests and encumbrances
(except such as are. covered by a Bond acceptable to Owner indemnifying
Owner'against any such Liens, securl Interest or encumbrances); and
3. all Work covered by this Progress Payment is in accordance with the
Contract Documents and is not defective.
Contractor's Signature
Name: Chief R. Davis
Name Chief R. Davis
Contractor A
42 �*010 Chief Solutions, Inc.
is approved by. / /i�/ .9 / %r 3 6
(Owner) CITy�ON
Paymentbf: S Z 6 q.3 6
is approved by.
(Owner) CITY OF BEAUMONT
CITY OF BEAUMONT, TX
Sewer Evaluation Work Order Contract Phase III
BID NO. WU0219-14
20-Final
5/29/2019
549'
549
0
PROGRESS DATE
12/3/2020
ORIGINAL CONTRACT AMOUNT
5528,367.03
CONTRACT AMOUNT INCLUDING' CHANGE ORDERS
$528,387.13
TOTAL AMOUNT OF WORK PERFORMED TO DATE,
$528,387.13
TOTAL RETAINAGE AMOUNTTO.DATE .
$26.419.36
TOTAL WORK TO DATE LESS: RETAINAGE 5%
$501,967.77
PRE/IOUS:PAYMENTS TO DATE
$501,967.7.
TOTAL PROGRESS PAYMENT DUE THIS ESTIMATE.
$0.00
TOTAL RETAINAGE AMOUNT DUE THIS ESTIMATE
26,419.36
CONTINUATION SHEET
City of Beaumont Sever Evaluation Work Order Contract Phase Ill
A
B
ITEM
DESCRIPTION OF WOl
NO.
- TELEVISING OF STORM SEWER
I
Mobilization
2
Smoke Testing Sewer, All Sizes and Depths
3
0-10" Cleaning Scwcr, All Depths
4
12"-15!' Cleaning Sewer, All Depths
5
16"-24" Cleaning Sewer, All Depths
6
2V-30" Cleaning Sevcr, All Depths
7
32"-36"CleaningSewer, AllDepths
8
42"-48"Cleaning Sewer, All Depths
9
54%72" Cleaning Sewer, All Depths
10
V-10" . TV Inspectioa Sower, All Depths
11
12"-15" TV inspection Sewer, All Depths
12
16"-24" TV Inspection Sewer, Ali Depths
13
20-30" TV Inspection Sewer, All Depths
14
Z'-36" TV Inspection Sewer, All Depths .
15
42"-48" TV Inspection Sower, All Depths
16
54"-72" TV Inspection Sewer, AN Depths
17
Barriradcs, Signs and Traffic Handling
18
Obstructions Removal by Euavation
19
Obstraction.Removal by Remote Method
1
Unforscen Works as Directed by the Owners
1
Retainage
Rain Affected Days
:IGINAL. UNITPRICE COST
QTY• (S)
1 -
$16,135.200D
$16,135.20
LF
200,000
$0.4482
$89,640.00
LF
40,000
$1.6942
$67,767.84
LF
20,000•
$1.9452
$38,903.76
LF
15,000
$2.5996
$38,993.40
LF
5,000
$5.1902
$25.950.78
LF
2,000
$10.3803
$20,760.62
LF
2,000
$15.5705
$31,140.94
LF
1,000
$17.7935
$17,793.54
LF
40,000
$1.2908
$51,632.64
LF
20,000
$1.2408
$25,816.32
LF
15,000
$1.9452
$29,177.82
IF
5,000
$2.5996
$12,997.80
LF
2,000
$4.5358
$9,071.57
IF
2,000
$5.1902
$10;380.31
LF
1,000.
$6.4810_
$6,480,97
LF
20
$1972080
$3.944.16
EA
1
$1,434.2400
$1.434.24
, EA
1
$345.1140
$345.11
EA
0
$30,000.0000
$30,000.00
LS
I
$26,419.3600
$26,419.36
LS
Bid Total
$528,367.03'
DAY
BID TOTAL
$SZ8367.03
E I F
ROM PREVIOUS TMSPE
APPLICATION
(F)
(Q1Y•) (Qh
0.00
1673.00
0.00
(S)
1.00 . $26,419.36
APPLICATION NO:
20-Final
APPLICATION DATE:
12 / 03 / 20
PERIOD TO:
12/.03/20
PR07ECTNO:
WU0219-14
G
1
TOTAL
COMPLETE
COMPLETE
' TO DATE
TO DATE
(QtY•)
(S)
1.00
$16,135.20
57003.00
$25,548.74
94630.00
$160,32L77
43140.00
$83,915.41
8730.00
$22,694.16
0.00
$0.00
1673.00
$1736626
0.00
$0.00
0.00
$0.00
94630.00
$122,149.92
43140.00
$55,685.30
8730.00
$16,991.49
0.00
$0.00
1673.00
$7,588.37
0.00
•
$0.00
0.00
$0.00
D.00
$0.00
0.00
$0.00
0.00
$0.00
0.00
$0.00
1.00
$0.00
RESOLUTION NO.
WHEREAS, on April 9, 2019, the City Council of the City of Beaumont, Texas
passed Resolution No. 19-083 awarding a contract in the amount of $528,367.02 to Chief
Solutions, Inc., of Houston, of Beaumont, Texas, for the Sewer Evaluation Work Order
Contract — Phase I I I Project; and,
WHEREAS, on April 8, 2020, the City Manager executed Change Order No. 1, in
the amount of $0.00, to approve the extension of the contract time by 64 calendar days
for inclement weather and delays, thereby having no effect on the total contract amount
of $528,367.02; and,
WHEREAS, on June 1, 2020, the City Manager executed Change Order No. 2, in
the amount of $0.00, to approve the extension of the contract time by 120 calendars days
due to the COVID-19 pandemic and delays pertaining to degraded sewer line conditions
decreasing the capture rate of each work order, thereby having no effect on the total
contract amount of $528,367.02; and,
WHEREAS, Change Order No. 3, in the amount of $20.10, is required to adjust
the estimated quantities in the contract to reflect the actual quantities used in the
completion of the project, thereby increasing the total contract amount to $528,387.13;
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. 3, in the amount of $20.10 for additional work described above, thereby increasing
the total contract amount to $528,387.13 for the Sewer Evaluation Work Order Contract
— Phase III Project; and,
BE IT FURTHER RESOLVED THAT the Sewer Evaluation Work Order Contract —
Phase III Project 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 $26,419.36 to Chief Solutions, Inc., of Houston, Texas.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2020.
- Mayor Becky Ames -
C
BEAUMONT
TO: City Council
FROM: Kyle. Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: December 22, 2020
REQUESTED ACTION: Council consider amending Resolution No. 20-217 for the cost to
repair a compactor used at the Landfill.
BACKGROUND
On October 13, 2020, Council approved Resolution No. 20-217 for the repairs of a Mustang Cat
Compactor used at the landfill. The original_ total of $83,097.80, has increased due to damages
that were unknown and hidden before the repairs began, and the final cost is $98,996.83.
Mustang Cat is a sole source vendor: This work will come with a 36 month/5;000-hour warranty.
A new compactor of this size and make, would cost an estimated $720,000.
FUNDING SOURCE
Fleet Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO. 20-217
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of the parts and labor necessary
for rebuilding of a Caterpillar 826H Compactor for use by the Solid Waste Operations
Department by Mustang Cat, of Houston, Texas, a sole source vendor, in the amount of
$83,007.80.
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 13th day of
October, 2020.
17ilon!
or
IC
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 13, 2020
REQUESTED ACTION: Council consider a resolution approving the repairs to a compactor
used at the Landfill.
BACKGROUND
Unit 5109 is a 2007 Caterpillar 826H Compactor with 19,069 working hours. The transmission
and clutch failed and needs a re -build. The re -build would be completed by Mustang Cat of
Houston in the amount of $83,097.80. Mustang Cat is a sole source vendor. This work will come
with a 36 month/5,000-hour warranty. The unit is used at the Landfill to cover debris to comply
with TCEQ regulations. The City currently has two compactors used in the operations at the
Landfill. A new compactor, of this size and make, would cost an estimated $720,000.
FUNDING SOURCE
Fleet Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on October 13, 2020, the City Council of the City of Beaumont Texas
passed Resolution No. 20-217 approving the purchase of the parts and labor necessary
for rebuilding of a Caterpillar 826H Compactor for use by the Solid Waste Operations
Department by Mustang Cat, of Houston, Texas, a sole source vendor, in the amount of
$83,097.80; and,
WHEREAS, the original total of $83,097.80 has increased due to damages that
were unknown and hidden before the repairs began and the final cost is $98,996.83; and,
WHEREAS, an amendment to Resolution No. 20-217 is necessary to reflect the
increased amount of the parts and labor necessary for rebuilding of a Caterpillar 826H
Compactor;
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 Resolution No. 20-217 is hereby amended to approve the purchase of parts
and labor necessary for rebuilding of a Caterpillar 826H Compactor for use by the Solid
Waste Operations Department by Mustang Cat, of Houston, Texas, a sole source vendor,
in the amount of $98,996.83.
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 22nd day of
December, 2020.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, DECEMBER 22, 2020 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 proposed Tax Abatement Agreement with Suez Water
Technologies & Solutions, Inc.
GENERAL BUSINESS
1. Consider a resolution authorizing the City Manager to enter into a Tax
Abatement Agreement with Suez Water Technologies & Solutions, Inc..
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager/City Attorney comment on various matters
EXECUTIVE SESSION
Consider matters to deliberate the employment, evaluation and duties of a public
officer or employee in accordance with Section 551.074 of the Government Code
to wit; specifically:
Tyrone Cooper, City Attorney
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Lauren Lewis
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 proposed Tax
Abatement Agreement with Suez Water
Technologies & Solutions, Inc.
I
December 22, 2020
Consider a resolution authorizing the City Manager to enter into a Tax Abatement Agreement
with Suez Water Technologies & Solutions, Inc.
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Director of Planning & Community Development
MEETING DATE: December 22, 2020
REQUESTED ACTION: Council conduct a Public Hearing to receive' comments and
consider a resolution authorizing the City Manager to enter into a
Tax Abatement Agreement with Suez Water Technologies &
Solutions, Inc.
BACKGROUND
The City was recently approached by Suez Water Technologies & Solutions, Inc. requesting tax
abatements in order to move forward with investements of $40 million in upgrades to their
existing plant located on College Street, just west of the Municipal Airport. In October 2020, the
City created the Suez WTS USA, Inc. -Project Clear Reinvestment Zone, allowing for tax
abatements in accordance with Chapter 312 of the Texas Tax Code.
Attached is the application from Suez WTS, Inc., outlining their proposal. The project would
result in approximately seventy-five (75) construction jobs and the retention of sixty (60)
existing full-time jobs. The proposed abatement agreement would result in an abatement of City
taxes on the new improvements in the amount of 100% during project completion, 100% for the
first year, 90% for the second year, 80% for the third year and 70% for the final year. The
proposed abatement meets the criteria and conditions set forth in the City's Reinvestment Zone
Tax Abatement Policy, adopted in September 2020. All area taxing entities have been notified
of the proposed agreement.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Council conduct the Public Hearing and approve the resolution.
RESOLUTION NO.
WHEREAS, on October 20, 2020, the City Council of the City of Beaumont, Texas
passed Ordinance No. 20-059 designating an area as the Suez WTS USA, Inc. -Project
Clear Reinvestment Zone pursuant to the Texas Redevelopment and Tax Abatement Act
(Texas Tax Code, Chapter 312); and,
WHEREAS, the City of Beaumont has been approached by Suez WTS USA, Inc.
with a proposal for an upgrade to their existing facility located on College Street, just west
of the Municipal Airport; and,
WHEREAS, this project is intended to bolster local economic development by
stimulating business and commercial activity within the city; and,
WHEREAS, the developers have approached the City seeking economic
development incentives in the form of ad valorem tax abatements and have filed an
application with the City for Chapter 312 economic development incentives; and,
WHEREAS, the application has been reviewed and it has been determined that
the proposed project does satisfy the purpose and goals of the program in that it will
enhance the City's economic base and diversify and expand job opportunities; and,
WHEREAS, in order to maintain sufficient controls to ensure that the public
purpose is carried out, it is necessary to enter into a tax abatement agreement with the
developer establishing the expectations and terms of the transaction; and,
WHEREAS, the City Council is of the opinion that approval of an application for
Chapter 312 economic development incentives and entering into a tax abatement
agreement with Suez WTS USA, Inc. for an upgrade to their existing facility located on
College Street, just west of the Municipal Airport is in the best interest of the City of
Beaumont and its citizens;
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 approval of an application for Chapter 312 economic development
incentives for Suez WTS USA, Inc. for an upgrade to their existing facility located on
College Street; just west of the Municipal Airport is hereby approved; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a tax abatement agreement with Suez WTS USA, Inc. granting a
100% ad valorem tax abate during project completion, 100% for the first year, 90% for
the second year, 80% for the third year and 70% for the final year for an upgrade to their
existing facility located on College Street, just west of the Municipal Airport.
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 22nd day of
December, 2020.
- Mayor Becky Ames -
TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED
IN SUE7Z WTS U - A I1N30. F.,RZ@J ACT CLEAR RECNVE�STMENT ZtONi
This Tax Abatement Agreement (hereinafter referred to as "the
Agreement") is made, entered, and executed between The City of Beaumont,
Texas (hereinafter referred to as the "City"), and Suez WTS USA, Inc.,
(hereinafter referred to as "Suez"), the owner of taxable property in Beaumont,
Jefferson County, Texas, located in the Suez WTS.--USA, Inc. -Project Clear
Reinvestment Zone as described below ("Suez WTS USA, Inc. -Project Clear
Reinvestment Zone"). 4-=
1. As used in this�Agreement., the
set forth. below
TIONS
ying terms shall have the meanings
a. The "2020, Certified''Appraised Value" means the
January 1, '2020 value of the property within the
Reinvestment_ 'Zone, as certified by the Jefferson
County; Appraisal District as of that date, and
z described in Paragraph 3 and Exhibit B.
b. "Improvements" means the buildings or portions
thereof and other improvements, including fixed
machinery, equipment and process units, used for
commercial or industrial purposes that are
constructed by Suez on the property after December
31, 2020.
C. "Construction Phase" means a material and
substantial improvement of the property which
represents a separate and distinct construction
operation undertaken for the purpose of constructing
1
EXHIBIT "A"
the Improvements. The period of Construction Phase
ends when commercial operation of the New Facility,
commences as defined by the completed installation
of constructed Eligible Property that serves the
purpose for which it is designed.
d. "Abatement" means the full or partial exemption from
ad valorem taxes of certain property in a
Reinvestment Zone designated for economic
development purposes.
e. "Eligible Property" means the ;buildings, structures,
m fixed machinery, equipent . and process units,
construction in progress and Improvements
necessary to the operation and administration of the
New Facility.
f. "New Eligible Property";.means-_Eligible Property, the
construction of which commences subsequent .to: --;the
date of execution of this Agreement. A list of the -New
Eligible Property is set forth in the Application for Tax
Abatement` -originally filed by Suez, within the City of
Beaumont, 'Texas " ("the; Application"), which is
moor grated t'erein b reference 'and made a art
p y p
hereof ,During the Construction Phase of the New
Eligible; Property, Suez may make such change
orders to" the New ffIR'ible Property as are reasonably
necessary to accomplish its intended use.
g. "Ineligible Property" means land, inventories,
supplies;; tools, furnishings, and other forms of
movable personal property, including but not limited
to, vehicles; - vessels, aircraft, housing, hotel
accommodations, deferred maintenance investments,
improvements for the generation or transmission of
electrical energy not wholly consumed by a new
aciIity or expansion, any improvements including
those to produce, store, or distribute natural gas,
fluids or gases, which are not necessary to the
operation of the New Facility, and property that has
an economic life of less than ten (10) years.
h. "Affiliates" of any specified person or entity means
any other person or entity which, directly or indirectly,
through one or more intermediaries, controls, or is
controlled by, or is under direct or indirect common
2
control with such specified person or entity. For
purposes of this definition, "control" when used with
respect to any person or entity means (i) the
ownership, directly or indirectly, or fifty percent (50%)
or more of the voting securities of such person or
entity, or (ii) the right to direct the management or
operations of such person or entity, directly or
indirectly, whether through ownership (directly or
indirectly) of securities, by contract or otherwise, and
the terms "controlling" and "controlled" have meanings
correlative to the foregoing
2. The Tax Abatement Policy for granting
zone created in Beaumont, Jefferson Count
2020, is incorporated herein by
amendments. All definitions set fortf
III. SUB
3. The Reinvestment, Zone isa
Texas, comp
M
therein
was
ents in a reinvestment
Texas, `which was adopted via
e WMv1 a�f Beaum®�n� September 8,
together with any. applicable
b applicable to this Agreement.
;within_ Beaumont, Jefferson County,
re or'less . The Suez WTS USA, Inc.
ignated by the City under Ordinance
No. 20 059.-_--dated October 20,_ 2020, a copy of which is attached hereto as
Exhibit-C and is hereby incorporated It is understood and agreed that the Suez
WT$F.USA, Inc. -Protect -Clear -Reinvestment Zone boundary is subject to revision
based upon.the final construction,p'lan for the New Facility and the City agrees to
take the steps necessary to amend the Reinvestment Zone boundary upon
request by Suez
The 2020 Certified Appraised Value is:
Land Only $389,787
Improvements $18,283,004
Personal Property $8,547,720 (includes Inventory)
The 2020 Certified Appraised Value is subject to change based upon final
certification of the values by Jefferson County Appraisal District. Upon
certification, by consent of the parties, the 2020 Certified Appraised Value will be
attached to Exhibit B.
3
IV. VALUE AND TERM OF AGREEMENT
4. This tax abatement shall be effective on the January 1st valuation date
immediately following the date of execution of this Agreement. In each year that
this Agreement is in effect, the amount of abatement shall be an amount equal to
the percentage indicated below. The appraised value, as defined in the Property
Tax Code, of New Eligible Properties shall be abated in accordance with the
following scale which is also found in Exhibit D:
Year Abated
2021
2022
100%
2023
2024
9 0
2025
80%
2026
70%
V. TAXABILITY
VI. CONTEMPLATED IMPROVEMENTS
6. As set fbft-h,'.-. in,'th e Application, which is incorporated herein for all
purposes, Suez represents that it will modernize the Beaumont facility, including
modernizing process, capacity, reliability, infrastructure and safety updates. The
approximate cost of this investment is $40,000,000. During the Construction
Phase, Suez may make such change orders to the project as are reasonably
necessary. All Improvements shall be completed in accordance with the
Application and all applicable laws, ordinances, rules, or regulations. Suez
agrees to make bidding information available to qualified local contractors,
11
vendors, manufacturers and labor and to conduct pre -bid meetings from time to
time with potential local bidders and suppliers of services and materials for the
project.
VII. EVENTS OF DEFAULT
7. During the abatement period covered by this Agreement, the City may
declare a default hereunder by Suez if Suez (i) fails to; .commence construction of
the New Facility within one (1) year from the date this Agreement is executed or
(ii) fails to construct the New Facility or (iii) fails to comply with any of the material
terms of this Agreement, or (iv) if any representation 'made by Suez in this
Agreement is false or misleading in anymaterial respect.
8. If the City declares that Suez is in default of this Agreement, ;the City shall
notify Suez in writing. If such default._ is not cured within sixty (60) days from the
date of such notice ("Cure Period"), then this Agreement may be terminated. In
the case of a default for. causes bteyond Suez's ,reasonable control which cannot
M1,
with due diligence,be cured. within the _..Cure'Period, the Cure Period shall be
deemed extended if ;Suez (i) shall notify the City of Suez's intention to institute
steps reasonably necessary to cure such default, (ii) shall proceed to cure such
default, and (ni) shall submit- a proposed; schedule for the completion of the New
,,including the estimated date for completion of the New Facility, a
reasonable,,_explanatioh cbncerning,: he reason for the delay, and a reasonable
estimate of=the. overall percent of the New Facility that is completed as of the
date of such notice:.
9. In the event Suez (i) allows its ad valorem taxes on the New Facility to
become delinquent or fails to timely and properly follow the legal procedures for
the protest and appeal of the ad valorem taxes on the New Facility or (ii) defaults
under this Agreement and fails to cure, this Agreement may then be terminated.
In the event of termination of this Agreement pursuant to the provisions of this
paragraph, all taxes previously abated by virtue of this Agreement will be
5
recaptured and paid within sixty (60) days of the termination, together with
penalties and interest as required by the Texas Property Tax Code.
10. In the event the New Facility is completed and begins commercial
operations, but subsequently discontinues operations for any reason excepting
fire, explosion, or other casualty, accident, or natural disaster or governmental
mandate, for a period of one (1) year during the abatement period, then this
Agreement shall terminate. In the event of termination pursuant to the provisions
of this paragraph, the abatement of the taxes:for.the calendar year during which
the New Facility no longer operates shall terminate,\but there shall be no
recapture of prior years' taxes abated by;_this Agreement The taxes otherwise
abated shall be paid to the City prior to`the delinquency date forauch year. In no
event shall Suez be required to - pay such taxes within less than six i 6.0 days of
q p Y tY<< ) Y
the termination.
VIII. ADMINISTRATION
11. This Agreement' sh IL be administered on ,b'ehalf of the City by its City
Manager. Upon i completion gf the New "Facility, the City Manager shall annually
evaluate the New Facility to ensute.compliance with this Agreement.
12
T The Chief` Appraiser,, of the Jefferson County Appraisal District shall
annually'determine (i)'the, taxable',yalue pursuant to the terms of this abatement
of the real -.,and personal property comprising the Suez WTS USA, Inc. -Project
Clear Reinvestment Zone and (ii) the full taxable value without abatement of the
real and personal property comprising the Suez WTS USA, Inc. -Project Clear
Reinvestment Zone.-_ The Chief Appraiser shall record both the abatement
taxable value and the full taxable value in the appraisal records. The full taxable
value listed in the appraisal records shall be used to compute any recapture.
Each year Suez shall furnish the Chief Appraiser with the information required by
Chapter 22, Tax Code, V.T.C.A. Such information shall also be provided to the
City in preparation of its annual evaluation for compliance with this Agreement.
3
13. If after notice of default and failure to cure, the City terminates this
Agreement, it shall provide Suez written notice of such termination. In the event
of termination, Suez may file suit in the Jefferson County District Court appealing
termination within ninety (90) days after receipt from the City of written notice of
termination. If an appeal is filed, Suez shall remit to the City within sixty (60)
days after receipt of the notice of termination, any recaptured taxes as may be
f
payable during the pendency of the litigation under :Section 42.08, Tax Code,
V.T.C.A. If the final determination of the appeal increases Suez tax liability, Suez
shall pay the additional tax to the City pursuant to Section 42.42, Tax Code,
V.T.C.A. If the final determination of the appeal decreases Suez tax liability, the
City shall refund to Suez the difference between the amount of tax paid and the
amount of tax for which Suez. -,is liable together with interest pursuant -to Section
42.43, Tax Code, V.T.C.A.
IX . ASSIGNMENT
14. Suez may assign this`Qgreemerit to an'Affiliate'without the written consent
t
of the City, provided -:that Suez shall provide written notice of such assignment to
the City -,-,--Except as`p 0vided in the immediately preceding sentence, Suez may
assign :this ^Agreement with the written consent of the City, which consent shall
not lbe`, unreasonably withheld, '.delayed or conditioned. Any assignment shall
provide that the assig nee. shall irrev.ocably and unconditionally assume all the
duties and`obli,gations of the, assignor upon the same terms and conditions as set
out in this Agreement. No assignment shall be approved if Suez or the assignee
is delinquent in ad valorem taxes due the City.
X. NOTICE
15. Any notice required to be given under the provisions of this Agreement
shall be in writing and shall be served when it is deposited, enclosed in a
wrapper with the postage prepaid thereon, and by registered or certified mail,
return receipt requested, in a United States Post Office, addressed to the City or
7
Suez. If mailed, any notice shall be deemed to be received three (3) days after
the date of deposit .in the United States Mail. Unless otherwise provided in this
Agreement, all notices shall be delivered to the following addresses:
•I►
W
Tc
W
To Suez:
Mr. Joseph J. Devine
\/irno_DrocirJon+ Tnwnn
801 Main
Beaumont, TX 77701
Either party may designate a different address by giving the other party ten (10)
days written notice.
XI. AUTHORITY
16. Each of the parties hereto represents and warrants to the other party that
(i) it has all requisite power and authority to execute and deliver, to perform its
obligations under and to consummate the transactions contemplated by this
Agreement and (ii) the execution and delivery- �of this Agreement, the
performance of its obligations under and the,,consumrnation by each party of the
transactions contemplated by this Agreem1. ent have been �duly,.authorized by all
requisite corporate authority on the"' .part of Suez and `by Xall requisite
XII DATE
17. This Agreement maybe execated in counterparts and the effective date of
the Agreement shall be . the date- the City executes this Agreement, so
authorizing, on the date of the countersignature hereto by the Mayor of the City
a. ,
of Beaumont,on this day of 12020.
XI11. MISCELLANEOUS
18. In the event any section, subsection, paragraph, sentence, phrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreement
shall stand, shall be enforceable and shall be read as if the parties intended at all
times to delete said invalid section, subsection, paragraph, sentence, phrase or
word.
6
19. The City agrees to record certified copy of this Agreement in the Deed
Records of Jefferson County, Texas.
20. This Agreement shall be construed under the laws of the State of Texas.
Venue for any action under this Agreement shall be the State District Court of
Jefferson County, Texas.
21. This Agreement shall be subject to change;' modification or, except in the
event of default which has not been cured as :.provided herein, termination, only
with the mutual written consent of the Citv and Suez.
22. SEVERABILITY
In the event any provision of this AGREEMENT is
under present or future laws, then, and in that
Parties hereto that the remainder: of :this AGR
thereby, and it is also the intention -,of the` Parties
of each clause or provision that is.found to be_illi
provision be added to _this AGREEMENT which
and is as similar n'terms as.possible to; the,pro
or unenforceable.:
legal, invalid, or unenforceable
vent, it is the intention of the
WENT shall not be affected
"t-his.,AGREEMENT that in lieu
al, invalid, or unenforceable, a
'.legal, -valid, and enforceable
>ion found to be illegal, invalid
by the parties in multiple
and effect
1NTS USA, Inc.
(as limited partnership
Its General Partner
By:
(Signature)
(Printed Name and Title)
(Date)
ATTEST:
(Printed Name and Title)
City of Beaumont
An -
(Printed Name and Title)
of , 2020.
11
FOR THE CITY:
Kyle Hayes, City Manager
City of Beaumont
Title:
Suez
12
EXHIBIT A "Description of Project and OWNER Property"
The proposed project is to modernize the Beaumont facility, including modernizing
process, capacity, reliability, infrastructure and safety updates. The facility would be
constructed on the OWNERS land, located within the City of Beaumont's Munici al
Boundaries. and within the boundaries of the = uez W LTA Z - ' ra; cat ilea
13
EXHIBIT B "Base Year Property"
The reinvestment zone contains existing improvements. The base year taxable value as
certified will be attached, by consent of the parties, whenisame is calculated and adopted
by the Jefferson County Appraisal District.
14
EXHIBIT C — "Reinvestment Zone"
15
PROJECT CLEAR
Legal Description Summary:
Owner Geo
Name Parcel Identification Leaal Descrintion Acreaae
SUEZ WTS
300046-000-
USA
1 132295
000300-00000-4
A SAVERY ABS-46 TR 92 9.031 AC
9.0310
SUEZ WTS
300046-000-
A SAVERY ABS 46 TR 93 18.51AC
-
USA
132996
000310-00000-3
1#502500-000010
18.510
SUEZ WTS
300046-000-
USA
386438
001250-00000-0
A SAVERY ABS 46 TR 16 2.559AC
2.5590
Total Acreage 30.100
DESCRIPTION OF
APPROXIMATELY 30.10 AC. / 1,311,156 SQ. FT.
A parcel containing approximately 31.10 AC. / 1,311,156 sq. ft. of land:
Beginning at a southwest corner of the City Limits to Beaumont, Texas at the intersection of the most
westerly border of the City and the north right-of-way line of College Street, also known as U.S. Highway
90. Also being the southwest corner of Tract 16, A. Savery Survey, Abstract 46 a 2.559 Ac. Tract;
Thence, in a northerly direction along the west line of the City Limits of Beaumont and the said 2.559 Ac.
Tract, a distance of approximately 899 ft. to the northwest corner of said called 2.559 Ac. Tract and the
corner of the herein described Tract. Said point being in the City Limit line;
Thence, in an easterly direction along the north line of said 2.559 Ac. Tract approximately 125 ft. to a
point, said point being the northeast corner of the said 5.559 Ac. Tract and the northwest corner of
Tract 93, A. Savery Survey, Abstract 46, an 18.51 Ac. Tract;
Thence, continuing in an easterly direction along the north line of said 18.51 Ac. Tract approximately
1,063 ft. to the northeast corner of said 18.51 Ac. Tract and the northwest corner of Tract 92, S. Savery
Survey, Abstract 46, a 9.031 Ac. Tract;
Thence, continuing in an easterly direction along the north line of said 9.031 Ac. Tract approximately
531 ft. to the northeast corner of said 9.031 Ac. Tract;
Thence, in a south southeasterly direction along the east line of said 9.031 Ac. Tract approximately 639
ft. to the southeast corner of said 9.031 Ac. Tract. Said point being located in the north right-of-way
(R.O.W.) line of U.S. Highway 90 (width varies) and the City Limit line;
Thence, in an west southwesterly direction along the south line of said 9.031 Ac. Tract, the north R.O.W.
line of U.S. Highway 90 and the City Limit Line approximately 841 ft. to the southwest corner of said
9.031 Ac. Tract and the southeast corner of the previously mentioned 18.51 Ac. Tract;
Thence, continuing in a west southwesterly direction along the south line of said 18.50 Ac. Tract, the
north R.O.W. line of U.S. Highway 90 and the City Limit line approximately 870 ft. to the southwest
corner of said 18.51 Ac. Tract and the southeast corner of the previously mentioned 2.559 Ac. Tract;
Thence, continuing in a west southwesterly direction along the south line of said 2.559 Ac. Tract, the
north R.O.W. line of U.S. Highway 90 and the City Limit line approximately 127 ft. to a corner. Said
corner being the southwest corner of said 2.559 Ac. Tract, the southwest corner of the City Limits to
Beaumont, Texas and the Point of Beginning and containing approximately 31.10 AC. / 1,311,156 sq. ft.
of land.
EXHIBIT D — "Abatement Schedule"
"Tax Abatement Schedule"
Year Abated
2021
2022
2023
2024
2025
2026
Percentage of Value Abated
0%
100%
100%
90%
=80%
70%
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EXHIBIT E — "City of Beaumont Abatement Policy"
It is understood and agreed that all abatement agreements granted herein shall
conform to this abatement policy and to the Texas Tax Code.
17