HomeMy WebLinkAbout02/15/2022 PACKET BEAUMONT
TEXAS
MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY,FEBRUARY 15,2022 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge. Roll Call
* Proclamations, Presentations and Recognitions .
* Public Comment: Persons may speak on the Consent Agenda and Items 1-5
* Consent Agenda
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial.
The Consent Agenda can be acted upon in one motion.:A consensus of the Council is required to remove any item
for discussion and separate action.)
A. _ Approval of the February 8, 2022 City Council Meeting Minutes
B. Approve the purchase of splash pad equipment for Sprott Park from Kraftsman
Commercial Playgrounds &Water Parks of Spring, Texas
C. Authorize the City Manager to execute an Advanced Funding Agreement with the
Texas Department of Transportation : .
D. Authorize the Mayor to execute a waiver granting permission for the Jefferson
County Mosquito Control District to operate aircraft at a low altitude over the
City of Beaumont for mosquito control purposes
E. Approve a resolution terminating a lease agreement between the City of
Beaumont and Jefferson County
F. Approve a resolution rejecting the bids received for the Water Treatment Plant
Walkway and Safety Improvements Project
G. Authorize the City Attorney to file suit against Netflix, Inc., Hulu LLC., Disney
DTC LLC, and other video service providers
REGULAR AGENDA
1. Consider an ordinance denying the change in rates requested in Entergy Texas,
Inc.'s Statement of Intent filed with the City on January 31, 2022
2. Consider a request to extend the deadline to commence construction of a cell
tower to be located at 5580 Cole Street
3. Consider authorizing the City Manager to award a contract to Greenscapes Six,
LLC, of Baytown for the Concrete Pavement Repair City Wide-Phase II Project
4. Consider authorizing the City Manager to award a contract to Elite Contractors &
Equipment, LTD, of Kirbyville for the Fleet Management Parking Lot
Reconstruction Project-Phase II
5. Consider authorizing the City Manager to award a contract to Gulf Coast, a CRH
Company, of Beaumont for the Spindletop Avenue Roadway and Drainage
Rehabilitation Project
DISCUSSION ITEM
Review and discuss requests from developers for support of an affordable housing
project at 5945 College as well as a proposed project at the southeast corner of
North Major Drive and Phelan Boulevard
COMMENTS
Public Comment(Persons are limited to 3 minutes)
* Councilmembers/City Manager/City Attorney comment on various matters
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to.contact Kaltrina MVlinick at 880-3777.
PUBLIC NOTICE
In association with Resolution No.
This notice is given pursuant to Tex. Gov't Code § 2254.1036.
A. The City of Beaumont, Texas ("City") intends to pursue claims for
monetary damages, declaratory relief, and other legal remedies
("Damages") against Netflix, Inc., Hulu LLC, Disney DTC LLC, and
other video service providers ("VSPs") as determined for non-
payment of franchise fees as set forth under the Texas Video Services
Providers Act, Tex. Util. Code Sec. 66 (the "Litigation"). The City's
desired outcome in pursuing the Litigation is to recover from the VSPs
Damages owed to the City for failure to pay franchise fees and obtain
• an order requiring the VSPs to pay the franchise fees going forward,
in addition to other relief allowed under the law. Therefore, there is
substantial need for the legal services.
B. The City wishes •to engage the following three law firms
("Counselors"):McKool Smith,P.C.,Ashcroft Sutton Reyes LLC, and
Korein Tillery LLC. Details regarding their competence,
qualifications and experience are attached at Exhibit 1.
C. The relationship with the three Counselors would span from the time
of engaging them in the Litigation until it is completed. The City has
had no prior relationship with the Korein Tillery or Ashcroft Sutton
Reyes firms. The City was a member of a class of cities represented
by McKool Smith and Mr. Wolens to recover municipal hotel
occupancy taxes. The City was pleased with the representation
provided by McKool Smith and Mr. Wolens.
D. The legal services for which the Counselors are retained cannot be
adequately performed by the attorneys and supporting personnel of the
City. The City's budget is strained and has limited resources for its
legal department. The City Attorney's office is engaged in hundreds
of transactional matters and in overseeing, managing and litigating
hundreds of matters. In addition, the investigation, research, and
litigation of the claims will require the expenditure of large sums of
money and require the work of numerous attorneys, paralegals and
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others who are familiar with the VSPs' wrongful actions and/or
inactions.Thus,the City does not have the resources it believes will be
necessary to engage in protracted, time-consuming, and expensive
litigation.
E. The legal services for which the law firms are retained cannot
reasonably be obtained from attorneys in private practice under a
contract providing for the payment of hourly fees without regard to the
outcome of the matter for the following reasons:
(1) TIME: It is not economically feasible for the City to pay outside
counsel on an hourly basis for what the City anticipates will
require significant hours of attorney time and significant costs
advanced in pursing the relief the City expects to achieve.
The issues involved in the City's claim have not been
adjudicated and determined since the Texas Video Services
Providers Act was passed in 2005. As an unsettled matter of
law, the VSPs will likely aggressively oppose all aspects of the
Litigation. It will require the skill of attorneys who have
familiarity with complex litigation. It is the City's experience
that attorneys with this familiarity and experience have high
I billable hourly rates and are not receptive to taking on
contingency fee cases such as this where recovery is not certain;
doing so would preclude them from taking other cases on an
hourly paid basis.
(2) COMPLEXITY/DAMAGES:Besides legal issues, determining
damages may be complicated to calculate. Damages will be
based,in part, on: 1)gross receipts of each VSP,with data going
back thirteen years to 2007, and 2) individual subscriptions to
residents of the City. It is unclear in what format the data is kept
to determine gross receipts, but it is anticipated to be complex
and difficult to understand. It will require experienced lawyers
with the assistance of experts to decipher the data and determine
a mathematical or formulaic calculation for each defendant for
receipts generated over 13-plus years. Because there are at least
three distinct defendants, it is likely that they have different
business practices and ways of maintaining their data.
(3) EXPENSES: Finally, the Counselors the City requests to
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employ have agreed to advance expenses in the case, which are
likely to be significant given the need for experts in several
fields and the general high expense oflitigation.These expenses
include but are not limited to: filing and service fees; costs of
investigative services;travel expenses; deposition expenses and
court reporter fees; outside trial services providers; expert
witness fees; trial equipment rental and operation fees;
preparation of exhibits and graphics; the costs of briefs and
transcripts on appeal; and miscellaneous copying, postage,
shipping, and courier expenses.
F. The advance of expenses is risky because,under the terms of the legal
services agreement,expenses are reimbursed only out of any recovery.
Because the City has limited funds to advance for litigation expenses,
it is especially in the City's interest, and that of its residents, to have
attorneys advance those expenses and only be reimbursed by the City
out of any recovery if the City is successful. Entering a contingent fee
contract for legal services is in the best interest of the residents of the
City because it will allow the City to recoup franchise fees owed the
City since approximately 2007 and obtain a declaratory judgment
ordering the VSPs to pay the fees in the future. Franchise fees
recovered in the Litigation will be used to support other essential City
services.Retaining counsel who will advance expenses in the litigation
will allow the City to use those funds instead to support necessary city
services.
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EXHIBIT 1
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McKOOL SMITH P.C.
McKool Smith was founded in 1991 with offices in Dallas, Austin, Houston, Marshall, Los
Angeles, and New York. It represents clients in complex commercial litigation, insurance
recovery,intellectual property,bankruptcy, and white-collar defense matters.
In the past 15 years, the firm has secured 12 nine-figure jury verdicts and 15 eight-figure jury
verdicts. It has also won more VerdictSearch and The National Law Journal "Top 100 Verdicts"
than any other law firm in the country.Recent recognitions include:
Recognized by BTI Consulting as one of ten"Awesome Opponents,"the firms most feared
by senior in-house counsel,in its annual Litigation Outlook Report(2019-2020).
Ranked a "Tier 1" law firm for bankruptcy, commercial, securities, banking & finance,
intellectual property, patent, real estate, and regulatory enforcement litigation by U.S.
News &World Report-Best Law Connselors (2020).
Ranked as a leading firm for Commercial Litigation, Insurance Policyholder Litigation,
and Securities Plaintiff Litigation by Chambers USA(2020).
Ranked as a "Highly Recommended" Litigation Firm and Plaintiff Firm by Benchmark
Litigation(2020).
Awarded"Insurance Group of the Year"by Law360 (2020).
Recognized as a"Texas Powerhouse Firm"by Law360(2019).
Awarded"Trial Group of the Year"by Law360 (2018).
Steven Wolens is a principal at McKool Smith. He has practiced law since 1976. He received a
B.A. with distinction from Stanford University in 1973, and a J.D. from Southern Methodist
University Law School in 1976. He represents clients in complex class-action claims and
commercial litigation.He is peer-reviewed as an AV rated lawyer by Martindale Hubbell.
In certifying a class action on behalf of 173 Texas cities in City of San Antonio v Hotels.corn, the
district court found"With regard to adequacy of counsel,the Court must determine whether class
counsel has the qualifications, experience and training to litigate the case to its conclusion...The
lead attorneys in this case are Steven Wolens and Gary Cruciani.Both attorneys have a wealth of
experience in complex litigation, including substantial class action experience." City of San
Antonio v. Hotels.com, No. SA-06-CA-381-OG, 2008 WL 2486043, at *8 (W.D. Tex. May 27,
2008).
For 24 years,he served as a member of the Texas Legislature and authored landmark legislation
covering partnerships and limited liability corporations, ethics reforms, antitrust laws,and
electric deregulation. Texas Monthly magazine named him one of the"Ten Best Legislator"in
the state on six separate occasions. He currently serves on the Texas Ethics Commission,which
he chaired from 2017 2019.
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ASHCROFT SUTTON REYES LLC
Ashcroft Sutton Reyes LLC (d/b/a/ Ashcroft Law Firm) was founded in 2008 by former U.S.
Attorney General, Governor, and Senator John Ashcroft. Together with the select group of
seasoned,respected, and experienced senior executives he recruited to join him—many of whom
helped to lead the U.S. Department of Justice during a significant time in our nation's history
following the attacks on 9/11—the Ashcroft Firm has earned a reputation for integrity and a track
record for accelerating successful resolutions of even the most complex matters.
In addition to General Ashcroft, the Ashcroft Firm is comprised of the former U.S. Attorney for
the Western District of Texas, former Deputy Assistant to the President of the United States,
former member of the Executive Administration of the Texas Attorney General's Office, former
Assistant United States Attorney,former Deputy Associate Attorney General and Chief of Staff in
the U.S. Department of Justice, former General Counsel and Assistant General Counsel to the
Special Inspector General for Iraq Reconstruction, former Assistant General Counsel to the
Governor of Texas,and several other highly skilled and experienced attorneys, all of whom know
and understand government.
The Ashcroft Firm's attorneys are litigators who have led multi-plaintiff lawsuits against
formidable foes,like the federal government, other states, and local government entities.Ashcroft
attorneys have appeared in federal and state courts throughout the United States and
internationally,ranging from the Supreme Court of the United States to municipal courts in Texas.
Additionally, the Ashcroft Firm provides legal and consulting services to world-leading clients,
including Fortune 500,nation states, elected officials, multi-national corporations, and corporate
executives. The Ashcroft Firm regularly leads large entities (government and private) through a
large range of regulatory matters including issues involving the FCPA, FATCA, OFAC, SOX,
ITAR,FCA,the FAR and the Bank Secrecy Act(Anti-Money Laundering).
Ashcroft attorneys have tried countless civil and criminal cases to verdict in state and federal courts
throughout the country. The legal experience and efforts of Ashcroft attorneys has resulted in
governmental entities recovering billions for contractual breaches,theft,tax evasion,waste,fraud,
and abuse.
KOREIN TILLERY LLC
Korein Tillery — based in Chicago and St. Louis — is one of the country's most successful
plaintiffs' complex-litigation firms, representing a broad array of clients in high-stakes lawsuits
and delivering over $18 billion in verdicts and settlements over the last 16 years. The National
Law Journal has consistently deemed Korein Tillery to be one of the country's top plaintiffs' firms
by naming it to its"Plaintiffs'Hot List"seven times in the past 16 years.In 2014 and 2015,Korein
Tillery was named by the NLJ as a member of its top 50 Elite Trial Lawyers.
Since 2007, Korein Tillery has represented Missouri municipalities in litigation that sought to
recover unpaid license taxes. In suits against wireless and wireline carriers, Korein Tillery
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recovered hundreds of millions of dollars of license tax revenues both retrospectively and
prospectively—for more than 350 cities throughout Missouri. Korein Tillery has recovered more
than$1 billion for Missouri municipalities. As a result of their work in these cases, the Missouri
Lawyers Weekly recognized Korein Tillery partners with awards in the "largest plaintiff wins"
category in 2007, 2009, 2010, 2015, and 2017. On two separate occasions corporate defendants
have secured state legislation banning the litigation. In both instances Korein Tillery has
successfully challenged the legislation as unconstitutional in the Supreme Court of Missouri.See,
e.g.,State ex rel. Collector of Winchester v. Jamison, 357 S.W.3d 589 (Mo.2012).
Steven Berezney is a partner in Korein Tillery's St. Louis office. He received his J.D. from the
University of Illinois in 2003, where he served as Editor-in-Chief of the Law Review. After
graduation, Mr. Berezney served as a judicial law clerk for Judge Laura Denvir Stith of the
Supreme Court of Missouri.
While in private practice at Husch Blackwell, Mr. Berezney was part of the team that won a $1
billion judgment that, at the time, was the fourth largest patent infringement jury verdict in U.S.
history,according to Bloomberg.Monsanto Co. v.E.I. DuPont de Nemours&Co., 4:09-cv-00686-
ERW(E.D.Mo.Aug. 1,2012).At Korein Tillery,Mr.Berezney managed and litigated all aspects
of multi-billion-dollar cases in federal trial and appellate courts against Wall Street investment
banks arising from misrepresentations made about residential mortgage-backed securities. Mr.
Berezney played a significant role in obtaining over $5 billion in recoveries. Mr. Berezney has
also been part of the team litigating Sherman Act price fixing conspiracy claims raised against 16
investment bank defendants thin re:Foreign Exchange Benchmark Rates Antitrust Litigation,No.
13-cv-07789-LGS (S.D.N.Y.),resulting in$2.3 billion in recoveries to date.
Garrett Broshuis received his J.D. from Saint Louis University,where he graduated valedictorian
and served as Editor-in-Chief of the Law Journal.Before law school,Mr.Broshuis played six years
as a pitcher in the San Francisco Giants' organization, working at all levels of minor league
baseball.
Since joining Korein Tillery, Mr. Broshuis has represented minor league baseball players in a
novel case seeking to increase the players' pay,which recently had its class action status affirmed
and expanded by the Ninth Circuit Court of Appeals.Senne v. Kansas City Royals Baseball Corp.,
934 F.3d 918,922(9th Cir.2019).He also represents classes of Missouri municipalities in several
actions against Fortune 500 and other large companies.
Mr.Berezney and Mr.Broshuis are both responsible for litigating the first known filed lawsuit(in
Missouri)seeking to require streaming companies to pay franchise fees to municipalities.They are
litigating similar cases in Indiana and Georgia.
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4862-0916-4809
A
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, TRMC, City Clerk
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider approval of the February 8, 2022 City Council.
Meeting Minutes.
B EAU MO NT
TEXAS
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
Albert"A.J."Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large
Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II
Audwin Samuel, Mayor Pro Tern FEBRUARY 8, 2022 Chris Durio,Ward IV
Tina Broussard, City Clerk Kyle Hayes, City Manager Sharae Reed, City Attorney
The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with
the Texas Open Meetings Act, Texas Government Code, Chapter 551 on February 8, 2022, at the
City.Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the
following:
OPENING
* Invocation Pledge of Allegiance Roll Call
* Proclamations, Presentation and Recognition
* Public Comment: Persons may speak on the Consent Agendaand Agenda items 1, 3-4
Mayor Mouton called the council meeting to order at 1:30 p.m.
Pastor Howard Cameron with Trinity Church gave the invocation. Mayor Mouton led the Pledge of
Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Mouton, Mayor Pro Tem Samuel, Councilmembers Durio, Getz,
Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Sharae Reed, City
Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
None
Mayor Mouton read the announcement regarding Executive Session being held at the
conclusion of Public and Councilmember Comments.
Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1, 3-4
None
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial.
The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any
item for discussion and separate action.)
A. Approval of the February 1, 2022, City Council Meeting Minutes .
Minutes—February 8,2022
B. Authorize the City Manager to apply for and receive funding through the Department
of Homeland Security Grant Program specifically for implementing target hardening-
Resolution 22-042
C. Authorize the City Manager to apply for and receive funding through the Department
of Homeland Security Grant Program for projects aimed at combating domestic
violence extremism - Resolution 22-043
D. Authorize the City Manager to apply for and receive funding through the Department
of Homeland Security Grant Program specifically to address emerging threats -
Resolution 22-044
E. Authorize the City Manager to execute Change Order No. 2, accept maintenance,and
authorize final payment to CFG Industries, LLC, for the Loeb Steel &Concrete GST
Repairs (REBID) Project - Resolution 22-045
F. Authorize the City Manager to execute Change Order No. 5, accept maintenance,
and authorize final payment to Solid Bridge Construction, LLC related .to the
Cattail Marsh Wetlands Repair Project - Resolution 22-046
Councilmember Getz moved to approve the Consent Agenda. Mayor Pro Tern Samuel
seconded the motion.
AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
AGENDA .
1. Consider appointing an Interim City Manager effective March 31, 2022.
The current City Manager is retiring effective March 31, 2022. An Interim City Manager will
be appointed by.the City Council,and serve in the capacity until a permanent selection is
made. The duties of the City Manager are outlined in the City Charter.
This item was placed on the agenda by Mayor Robin Mouton.
Mayor Mouton moved.to APPROVE A RESOLUTION THAT CHRIS BOONE IS APPOINTED INTERIM CITY
MANAGER EFFECTIVE MARCH 31,2022,WITH A BASE SALARY OF$16,666.67 PER MONTH AND A CAR
ALLOWANCE IN THE AMOUNT OF$500.00 PER MONTH,ALL OTHER ALLOWANCES, COMPENSATION,
BENEFITS,TERMS AND CONDITIONS OF EMPLOYMENT WITH THE CITY OF BEAUMONT WOULD REMAIN
THE SAME. Councilmember Getz seconded the motion.
AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ,
FELDSCHAU AND NEILD
NAYS: COUNCILMEMBER TURNER
Minutes—February 8,2022
MOTION PASSED
Resolution 22-047
2. Consider a request to abandon a portion of the Sawyer Street right-of-way.
Mark Fertitta, manager of SET Asset Properties, LLC (owner of 195 N. 11th Street), is
requesting an abandonment of this portion of Sawyer Street. In 2017,an almost 5'section of
the street was abandoned. The request was made to satisfy requirements of a potential
lessor. Previously, the property had operated under a license to encroach, but this
arrangement was problematic, given that the tenant was performing extensive upgrades to
the property. In 2021, a survey of the property revealed that the requested abandonment
was not large enough, and the building was still encroaching in the right-of-way. This
abandonment would correct the issue of the encroachment.
At a Joint Public Hearing held on January 24, 2022,the Planning Commission recommended
7:0:1 to approve the request to abandon a portion of the Sawyer Street right-of-way.
All of the required items for the abandonment have been submitted.
Approval of the ordinance.
Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND
ABANDONING A PORTION OF THE SAWYER STREET RIGHT-OF-WAY LOCATED AT THE REAR OF 195 N.
11TH STREET,CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS;AND RETAINING A GENERAL UTILITIY
EASEMENT. Councilmember Turner seconded the motion.
AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE .
MOTION PASSED
Ordinance 22-011
3. Consider approving the award of one-year contracts with both Core&Main LP and Coburn's
of Beaumont for the purchase of inventory materials to be used in the Water Utilities
Department. .
The City maintains an annual contract for couplings, pipe fittings, valves, fire hydrants and
other related materials for use by the Water Utilities Department. The materials are used in
the repair and maintenance of existing water and sewer lines and installation of new service
lines.
Specifications required bidders to submit pricing for 178-line items, separated into 15 specific
sections. Bids were evaluated upon the lowest total price per section on an all or none basis
and which provides the best value to the City. Only bidders providing pricing:for everyy item
within each section were considered and only items that met specifications and requirements
were awarded. Pricing is to remain firm for the term of the one-year contract. Specifications
Minutes—February 8,2022
also required all bids involving brass materials to be quoted with items that are certified
NSF6 lead-free compliant and are of domestic (USA) manufacture.
Bids were requested from nine vendors and three responses were received. The
Administration recommends award of sections 1,2,3,4,5,6,7,8,9,10,11,12,13, and 15 to Core
&Main of Beaumont at a cost of$1,929,467.93 and section 14 to Coburn's of Beaumont at a
cost of $2,385. Total estimated contract value of $1,931,852.93 represents_ a 30.3%
increase from current contract.
Funds will come from the Water Utilities Fund.
Approval of the resolution.
Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY
CORE&MAIN,OF BEAUMONT,TEXAS,FOR AN ESTIMATED AMOUNT OF$1,929,467.93.FOR SECTIONS
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 AND 15 AND COBURN'S OF BEAUMONT, TEXAS, FOR AN
ESTIMATED AMOUNT OF $2,385.00 FOR SECTION 14 AND THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED.TO EXECUTE A CONTRACT WITH CORE & MAIN, OF BEAUMONT, TEXAS, AND
COBURN'S OF BEAUMONT,TEXAS. Mayor Pro Tem.Samuel seconded the motion.
AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERSDURIO,GETZ,
TURNER, FELDSCHAU'AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 22-048
4. Consider approving a proposal submitted by Honesty Environmental Services, Inc.to provide
on-site asbestos consulting and air monitoring services at the property located at 555 Main
Street:
Pricing was obtained from Honesty.Environmental Services, Inc. to provide on-site project
management, preparation of project documentation, and air monitoring/analytical services
for the abatement project located at 555 Main. Street. The asbestos consulting and air
monitoring_services is necessary to:ensure.that the project will be in compliance with the
Texas.Department of State Health Services (TDSHS). The cost to provide,the consulting
and air monitoring services will be $47,935.00. The total cost is based on the abatement
contractor's estimate of 45 working days. In the event the abatement contractor works more
or less than the 45 working days, this contract amount would be increased or reduced by
$1,143.00 per working day.
Honesty Environmental Services performed the asbestos survey and provided the technical
specifications for the project and are being awarded this contract as a Best Value vendor as
having the most knowledge and familiarity of the structure and the asbestos containing
materials. .
Funds:will come from the Capital Program.
Approval of the resolution.
Minutes—February 8,2022. .
Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE A PROPOSAL WITH HONESTY ENVIRONMENTAL SERVICES, INC.,
FOR THE PURPOSE OF PROVIDING ON-SITE ASBESTOS CONSULTING AND AIR MONITORING SERVICES
FOR PROPERTY LOCATED AT 555 MAIN STREET. Councilmember Durio seconded the motion.
AYES: MAYOR. MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO,
TURNER, FELDSCHAU AND NEILD
NAYS: COUNCILMEMBER GETZ
MOTION PASSED
Resolution 22-049
COMMENTS
Public Comments (Persons are limited to three minutes)
Tony Renfro 6110 Bankston Ln. Beaumont.TX
Stated that February is Black History month, thinks this is the appropriate time to make this
request, asked that the Mayor and Council consider his proposal and to put this on a future
agenda, in 1970 the City of Beaumont elected its first black City Councilmember, Calvin
Williams Sr., stated that Mr. Williams was a Government Teacher at Beaumont Charlton
- Pollard High School when he decided to pursue his political ambitions, during Mr. Williams
time in office he placed the Street Assessment Pavement Program in the south end of town,
which brought pavement to streets throughout and specifically in the black communities,
asked that the City Council consider recognizing Mr. Williams in a proclamation and a street
named after him in his honor
Eric Wills 745 E. Irby St. Beaumont TX
Spoke to Council regarding his property at 745 E. Irby St., stated that.he has lived on Irby
St., for twenty years, the home is scheduled for demolition, if the home is demolished this will
make him homeless, he has reached out to Councilmember Feldschau as well as
Councilmember Durio who's the Councilmember of his Ward, neither returned his call, stated
that he found out after the fact that his home was on the agenda last week to be demolished,
it's his understanding that others were granted more time and since he wasn't at the meeting
to request more time he would like to do so now, would like to get on some type of program,
made other comments regarding the home
* Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER NEILD- NONE
MAYOR PRO TEM SAMUEL- CONGRATULATED CHRIS BOONE ON BEING APPOINTED
INTERIM CITY MANAGER, EXPRESSED HIS APPRECIATION TO
Minutes—February 8,2022
ALL OF THE:CANDIDATES THAT:SUBMITTED THEIR NAMES TO
BECOME INTERIM CITY MANAGER,STATED THAT HE RECEIVED
SEVERAL PHONE CALLS ABOUT THE APPOINTMENT AND AS HE
EXPLAINED TO EVERYONE THAT CALLED HIM,THE PROCESS IS
ONE THAT NO ONE ON COUNCIL TAKES LIGHTLY,STATED THAT
HIS DECISION WAS BASED ON OBJECTIVE INFORMATION_GIVEN
TO MAKE A DECISION AT THIS TIME AND PLACE,IT'S NOT ABOUT
POPULARITY OR WHAT EVERYBODY ELSE WANTS, BELIEVES
THAT.THE VOTERS ENTRUSTED EACH COUNCILMEMBER WITH
THE ABILITY TO MAKE DECISIONS BASED ON OBJECTIVE
CRITERIA AND NOT SUBJECTIVE REASONING,THANKED ALL OF
THE CANDIDATES THAT STEPPED UP TO SERVE THE CITY, IT'S
APPRECIATED, NOW THEY MOVE-ON TO HIRING A FULLTIME
CITY MANAGER
• COUNCILMEMBER FELDSCHAU - CONGRATULATED CHRIS BOONE ON•HIS APPOINTMENT,LOOKS •
FORWARD TO WORKING WITH HIM, ASKED THAT THE LOCAL
PASTORS AND LEADERS OF HOUSEHOLDS .OF FAITH: PAY
ATTENTION TO THE COMMENTS• THAT WILL BE MADE BY
COUNCILMEMBER GETZ,ASKED THAT EVERYONE PLEASE JOIN
HIM TO PRAY FOR COUNCILMEMBER-GETZ' FAMILY FOR A
SITUATION THAT THEY ARE DEALING WITH
COUNCILMEMBER TURNER- . STATED THAT THIS IS BLACK.HISTORY MONTH,: LETS 'PAY
HOMAGE TO THE ICONS AND LEGENDS THAT CAME BEFORE US,
•
• ANNOUNCED THAT THE BEAUMONT PANTHERS, A
PROFESSIONAL TEAM BROUGHT BY THE CITY OF BEAUMONT'S
NBA CHAMPION, KENDRICK PERKINS, THE PANTHERS HAVE
THEIR FIRST SCRIMMAGE AT FORD PARK ARENA ON FEBRUARY -
26, 2022, ASKED THAT THE COMMUNITY COME OUT AND
SUPPORT•THEM, , ALSO ANNOUNCED A- BLACK BUSINESS
MARKET THAT WILL BE HELD ON FEBRUARY 20, 2022,MORE
DETAILS WILL BE RELEASED, •ALL VENDORS CAN COME OUT
AND SELL_THEIR PRODUCTS,.IT WILL BE- FREE OF CHARGE,
CONGRATULATED CHRIS BOONE,. STATED.TO HIM THAT HE• .
LOVES HIM, RESPECTS HIM AND HAS HIS BACK 1.00%; THE
MAJORITY HAS SPOKEN ON TODAY, HE'S READY.TO GET TO
WORK -
COUNCILMEMBER GETZ- CONGRATULATED•CHRIS BOONE, STATED THEY:HAD FOUR
EXCELLENT INDIVIDUALS STEP UP, ANY ONE OF THEM COULD
HAVE.BEEN SELECTED,. COUNCIL HAD T.O. MAKE A TOUGH
DECISION AND BELIEVES THAT MR.BOONE IS WELLQUALIFIED,
LOOKING FORWARD TO WORKING WITH HIM AS THE INTERIM
CITY••MANAGER, ANNOUNCED THAT THE• •DOWLEN/WEST•
. NEIGHBORHOOD ASSOCIATION MEETING WILL NOT BE MEETING
. • • THIS MONTH,COMMENTED ON HIS WIFE ALLISON,STATED THAT
SHE'S A LOVING WIFE, MOTHER AND GRANDMOTHER, SHE'S
FACING SOME SERIOUS HEALTH ISSUES.AND IS SCHEDULED
FOR BRAIN SURGERY. ON THIS THURSDAY, AT HOUSTON
- Minutes—February 8,2022. .
METHODIST HOSPITAL,ASKED THAT EVERYONE PLEASE KEEP
HER IN THEIR PRAYERS, EVERYONE SHOULD BE MINDFUL OF
THEIR TIME ON EARTH, LETS LIVE OUR DAYS FULLY AND LIVE
THEM AS BEST WE CAN
COUNCILMEMBER DURIO - CONGRATULATED CHRIS BOONE ON BEING APPOINTED
INTERIM CITY MANAGER, STATED THAT DECIDING ON A CITY
MANAGER IS PROBABLY ONE OF THE HARDEST DECISIONS
THAT HE HAS HAD TO MAKE SINCE HE'S BEEN ON CITY
COUNCIL, DUE TO THE FACT THAT HE KNOWS ALL OF THE
INDIVIDUALS THAT APPLIED, IT'S NOW TIME TO GET TO WORK,
ALSO STATED THAT HIS.MOTHER IS STILL IN ICU, SHE'S NOT
IMPROVING AND ASKED THAT EVERYONE CONTINUE TO PRAY
FOR HER
CITY MANAGER HAYES - NONE
CITY ATTORNEY REED- NONE
MAYOR MOUTON - CONGRATULATED CHRIS BOONE ON BEING APPOINTED THE
INTERIM CITY MANAGER, STATED THAT THEY WILL BE
WORKING VERY CLOSELY TOGETHER, TO ALL OF THE APPLICANTS, ANYONE COULD.HAVE HAD THE JOB, IT WAS A
TOUGH DECISION AND DOESN'T TAKE IT LIGHTLY, WITH ALL
THINGS BEING CONSIDERED IT WASN'T AN EASY DECISION,
THANKED THE OTHER APPLICANTS FOR SAYING THAT THEY
WOULD WORK WITH WHOMEVER GOT THE JOB, STATED TO
COUNCILMEMBERS GETZ AND DURIO THAT SHE WOULD KEEP
BOTH OF THEIR FAMILY MEMBERS.IN HER PRAYERS, TO MR.
RENFRO SHE WELCOMED THE OPPORTUNITY TO
ACKNOWLEDGE MR. CALVIN WILLIAMS WHO WAS THE FIRST
BLACK COUNCILMEMBER TO BE ELECTED TO THIS BODY, IT
WOULD BE HER HONOR AND PLEASURE TO RECOGNIZE MR.
WILLIAMS, STATED THAT IT IS BLACK HISTORY MONTH,
THANKED LAUREN MONITZ WHO'S THE DIRECTOR.OF THE
COMMUNICATION DEPARTMENT FOR THE BEAUTIFUL
INTERVIEW THAT IS .SHOWING: OF HERSELF ON THE CITY
WEBSITE, ANNOUNCED FREE COVID-19 VACCINATIONS OF
(MODERNA AND PFIZER),ON FEBRUARY 18,2022, BETWEEN
9:00 A.M. AND 4:00.P.M., AT THE BISD ADMINISTRATION
BUILDING, 3395 HARRISON AVE., YOU CAN REGISTER IN
PERSON,AT THE EVENT,OR ONLINE,WALK INS ARE WELCOME,
THIS IS A COLLABORATION BETWEEN THE BISD AND THE
BEAUMONT HEALTH DEPARTMENT,THE EVENT IS FREE AND NO
INSURANCE IS REQUIRED, CITIZENS CAN CALL 833-832-7067
IF YOU HAVE QUESTIONS
Open session of meeting recessed at 2:08 p.m.
Minutes—February 8,2022.
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Beaumont vs. Netflix, Hulu, and Disney+
Robin Mouton, Mayor
Tina Broussard, City Clerk
Minutes—February 8,2022
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jimmy Neale, Parks &Recreation Director
MEETING DATE: February 15,2022
- REQUESTED ACTION: Council consider a resolution approving the purchase of splash pad
equipment for Sprott Park from Kraftsman Commercial
Playgrounds & Water Parks of Spring, Texas.
BACKGROUND
The splash pad play area at Sprott Park is in need of an upgrade. At present,this area features
only ground-level sprayers. This upgrade will include upright and above-ground features for
activities,which will place it on par with the upgrades done at Perlstein, Central, Charlton-
Pollard, and Rogers Parks over the past four years.
The purchase will be made from Kraftsman utilizing the BuyBoard purchasing co-operative
contract(#592-19) in the total amount of$99,095.18.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
K rafts m a n QUOTE#Q71805-1
r` COMMERCIAL PLAYGROUNDS& Date:11115/2021
KRAFTSMAN WATER PARKS Project:25624
y 19535 Haude Road Created By:Ryan Slott
L 4- Spring,TX 77388
QFTSMANP,,a+ Phone:(281)353-9599 Fax: (281)353-2265
Page 1 of 5
BILL TO SHIP TO
Beaumont,City of,Parks and <. 409-880-3720
Mr.Jimmy Neale
Sprott Park SplashPark Improvements Sprott Park SplashPark Improvements
PO Box 3827 4324 Usan
City of Beaumont Purchasing Beaumont,TX 77705
Beaumont,TX 77704
Terms:
Net 30 days
11 STY Code Description Size Weight Color
DISCBB Proposal includes Discount on BuyBoard Purchase,BuyBoard Contract#592-19
Kraftsman Drawing:KPS-25624A,Sheet K.3, Dated 3.24.2021
New Spray Features
1 W009 Touch&Gorm Vibration Bollard,Wired,Hockey Puck Style with handprint by Water
Odyssey
1 W103-3 Fill N'SpiIITM,3-Arm Assembly.By:Water Odyssey. 5-15
1 W050 Cool Stick'M.By:Water Odyssey 9
1 W006 Aqua ArchTT^.By:Water Odyssey. 5
1 W011 Jet WayTM.By:Water Odyssey. 9
W004 Daddy Long LegsTM.By:Water Odyssey. 31
1 REMOVE Removal of existing equipment and concrete base for existing features. By:
Kraftsman
Surfacing
2600 KRAFTKOATRE Refurbishing of existing KraftKoat.Includes:mobilization of the crew,materials,and
FURB equipment to the job site.Removal of mastic joint sealant,use of scarifying machine
and handheld grinders to remove existing coating and to open up its surface pores.
Grind open existing cracks and inject with epoxy weld for crack treatment.Acid wash
newly profiled concrete to neutralize the surface.Hydro blast the entire area to remove
any small or loose contaminants to ensure a clean bonding surface.Paper and mask
surroundings to protect features,property and non-application areas.Apply epoxy 400
primer coat to bond substrate and KraftKoat products.Apply base coat.Apply
KraftKoat Texture knockdown spray texture coat.Install new deco seal where the old
had previously been removed.Apply KraftKoat acrylic colored finish coat in the
specified colors.Apply clear coat with aluminum oxide add for additional slip
resistance to protect,enhance and provide ease of maintenance to all newly textured
areas.
1 INSURANCE-Al Name customer as additional insured on General Liability Policy and processing of
coverage.
BONDI Performance&Payment Surety Bond,and processing of the bond documentation.
Total: $99,095.18
‘3" BliizoKraftsman QUOTE#Q71805-1
COMMERCIAL PLAYGROUNDS& Date:11/15)2021
KRAFISMAN WATER PARKS Project:25624
19535 Haude Road Created By:Ryan Slott
t(- 04- Spring,TX 77388
9rTS14ANP,a • Phone:(281)353-9599 Fax:(281)353-2265
Page 2 of 5
Special Terms and Conditions
Items not included:
These items are not included:
• Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out.
• Concrete lead walks or adjoining observation concrete deck areas.
• Shade systems or site amenities.
• Site usage signage for use instructions, rules,safety, or emergency notifications as needed or required.
• Temporary security fence during construction.
• Storm Water Pollution Controls for project site.
• Repairs, modifications, or improvements are not included to existing drain lines or drain covers. If repairs or service are
required for drainage additional charges will be incurred and added as change order.
• Repairs or modifications are not included for the existing concrete deck below surfacing,or to concrete deck
surrounding SplashDeck area.
• Repairs or modifications to the existing valves and distribution manifold, if need these will be charged via a change
order.
Buy Board:
Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts.
Sales Tax Exempt:
Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at
time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project.
Insurance Terms:
Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges
for naming additional insured parties or adding special coverage's if required.
Credit Card terms:
If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card,there is a 4%
processing fee charge.
Monthly Progress Billings
All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said
month. Payments to be received by the 15th of the following month.
Shipping Charges
Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days.
Bonding Included:
Performance and Payment bonds are included in this quote and will be provided after a signed quote or contract is
returned to Kraftsman. Maintenance Bonds are not included.
Building Permits:
• Building permits are not included or provided.
• Engineer stamped plans are not included.
• Submittals and reviews for State of Texas ADA compliance and inspections are not included.
Kraftsman QUOTE#Q71805.1
COMMERCIAL PLAYGROUNDS& Date:11/15/2021
KRAFISMAN WATER PARKS Project:25624
19535 Haude Road Created By:Ryan Slott
i Spring,TX 77388
aFTSMA NPLP:4.` Phone:(281)353-9599 Fax:(281)353-2265
Page 3 of 5
Delivery and Unloading:
If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are
available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of
installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e.
forklift, pallet jack(s),to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a
project the product will be received at Kraftsman's Warehouse and stored until needed on the project. Then transported
to the site at the time of installation.
Site Work:
Site preparation, grading, and fill materials are not included.
• Proper/Positive drainage of the area is to be included prior to start of construction by Kraftsman.
• Preparation and submittal of SWPPP (Storm Water Pollution Prevention Plan)is not included.
Locating for Underground Utilities:
• Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including
Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation. Kraftsman will arrange with Public
Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site.
• Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public
Utility providers,for all utility service lines below grade that are privately owned. These will include any and all of the
following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines,fiber optic or other
IT lines,which are privately owned by the property owner.
• Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities
stake out providers. Damages to underground utilities for electrical,water, irrigation, and other listed above will not be
repaired by Kraftsman and will be the owner's expense and responsibility.
Installation:
Installation quoted includes: Installation of SplashPark feature foundations, setting features and removal of old.
Reconnections between activators and controller, per standard Kraftsman construction techniques.
Installation price does include removal of old surfacing and application of one-color KRAFTKOAT.
Project Completion:
Allow 4 to 8 weeks for preparation of plans, drawings, and submittals after acceptance of proposal.Shipping date of
equipment from factory will be approximately 6 to 10 weeks after approval of submittal documentation, provided that the
following has been completed and approved by the customer:•
Project product submittals reviewed, approved and returned.
• Completed Color selection sheet(signed and dated)
• Physical project address
• All contact names and phone numbers
• Exemption certificate
• Deposit per contract
Allow adequate time for processing and procuring construction permits if required.
Allow approximately 10 to 16 weeks for project completion upon equipment delivery from manufacturer, issuance of
building permits if required,weather permitting.
Lead Times:
Lead Times are after approval of all Initial submittal info and colors.
Water Odyssey-the lead time for the embed portion to ship is 2 to 3 weeks and 8 to 12 weeks for the rest of features to
ship from when the order is placed with the manufacturer.
BU/to
K rafts m a n QUOTE#Q71805-1
COMMERCIAL PLAYGROUNDS& Date:11/15/2021
KRAFTSMAN WATER PARKS Project:25624
..r 19535 Haude Road Created By:Ryan Slott
` `o4- Spring,TX 77388
4TSMANP04''• Phone:(281)353-9599 Fax: (281)353-2265
Page 4 of 5
Force Majeure:
Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement
(other than failure to make payment when due)by reason of any event beyond such Party's reasonable control including
but not limited to Acts of God, fire,flood, explosion, earthquake, pandemic flu, or other natural forces, governmental
orders or directives,war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of
transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated
above. Such excuse from liability shall be effective only to the extent and duration of the event(s)causing the failure or
delay in performance and provided that the Party has not caused such event(s)to occur. Notice of a Party's failure or
delay in performance due to force majeure must be given to the other Party within (20)days after its occurrence has
become identified by the Party.All delivery dates under this Agreement that have been affected by force majeure shall be
tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor
disturbance or dispute, or to act outside of compliance with governmental orders or directives.❑
to
‘.)" B Kraftsman QUOTE#Q71805-1
COMMERCIAL PLAYGROUNDS& Date:11/15/2021
/CRAFTSMAN WATER PARKS Project:25624
19535 Haude Road
..i ` o4' Spring,TX 77388 Created By:Ryan Slott
9FTSMANPO'l. Phone: (281)353-9599 Fax: (281)353-2265
Page 5 of 5
General Terms and Conditions
Bill To: Ship To:
Beaumont,City of,Parks and Recreation
Terms:
Net 30 days
CONDITIONS OF SALE
1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra
charge over and above the contract.
2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman.All returns are subject to restocking fee of 25%
plus freight charges incurred for return to original shipment origination.
3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the
property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in
accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial
Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as
awarded by the court.
4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas,with venue in Harris County.
5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship.See
catalogs or attached drawings for specific layouts,warranties,and specifications.
6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors.
7. A service charge of 1.5%per month will be assessed on all past due amounts.
8. Payments to Kraftsman by credit card will incur a processing fee of 4%for Visa and MasterCard,and 6%for American Express
9. Installation services include all labor,equipment required to complete the job,and insurance coverage's as required by law. Extra installation
charges will incur for abnormal sub surfaces,ie.rock,landfill,etc. Price quoted includes Kraftsman's standard insurance coverages of$2 million in
General Liability&Completed operations,$1 million in Automobile Liability,$1 million per occurrence/$2 aggregate in Workman's Compensation.
Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured,waivers of subrogation,or
changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided
by Kraftsman,unless listed as individual line item in proposal.
10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities,and irrigations systems during installation.
It is the customers responsibility to locate all underground utilities.
11. Building permits required by local or state authorities&municipalities are not included and are the responsibility of the owner of the property,
unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will
provide a quote if not included as a line item within this proposal.
12. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days.
Respectfully Submitted Date November 15,2021
Ryan Slott
Acceptance of Proposal:
The prices,specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate,bankruptcy or
other legal proceedings,customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions,
agreements,or promises are not valid unless written as part of this contract.
Authorized Signature PO#:
Printed Name&Title Date of Acceptance
Authorized Signature
Printed Name& Title
WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY&FITNESS EQUIPMENT
Thank You! We Appreciate Your Business!
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase and installation of new splash pad
equipment for use by the Parks and Recreation Department to replace existing equipment
at Sprott Park from Kraftsman Commercial Playgrounds &Water Parks, of Spring, Texas,
in the amount of$99,095.18 through the BuyBoard Cooperative Purchasing 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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
February, 2022.
- Mayor Robin Mouton -
rv.
C
BEAUMONT
TEXAS
TO: City Council
FROM: - Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an Advanced Funding Agreement(AFA)with the Texas
Department of Transportation(TxDOT).
BACKGROUND
The Advance Funding Agreement(AFA) is to designate the City's and State's roles and
responsibilities with respect to the utility relocations that are expected to take place during the
TxDOT IH 10 Cardinal Drive Interchange project. The City is expected to pay $24,840.00 as
the estimated cost of betterment for a 6-inch waterline that will be improved to a 12-inch
waterline. The total cost estimate of the utility relocation work is $4,598,030.96. The project
will be bid and managed by TxDOT. Volkert has been selected as the Engineer for the City
with respect to the utility relocations.
Water Utilities has reviewed and recommends approval.
FUNDING SOURCE
Capital Program.
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 an Advanced
Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT)
relating to the utility relocations that are expected to take place during the TxDOT IH 10
Cardinal Drive Interchange Project. 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 15th day of
February, 2022.
- Mayor Robin Mouton -
CSJ # 0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10—Cardinal Drive
Interchange
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION
CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation ("State") and the City of Beaumont ("Utility"),
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads and highways that comprise the State
Highway System; and,
WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §203.092
authorizes the State to regulate the placement of public utility facilities along a state highway; and,
WHEREAS, Texas Transportation Commission Minute Order Number 116073 authorizes the State
to undertake and complete a highway improvement generally described as: IH 10 —Cardinal Drive
Interchange ("Project"); and,
WHEREAS, Utility possesses facilities that are affected by the above mentioned highway
improvement and Utility, and the State agrees that it is more economical or efficient for such
relocation to be effected by including said contract in the State's highway construction contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the
State and Utility do agree as follows:
AGREEMENT
1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and Utility will consider it to be in full force and effect
until the Project described in this agreement has been completed and accepted by all parties or
unless terminated, as provided.
2. Project Funding and Work Responsibilities
A. The State will authorize the performance of only those Project items of work which are
eligible for relocation reimbursements or for which Utility has requested and has agreed to
pay for as described in Attachment A - Payment Provision and Work Responsibilities, which
is attached to and made a part of this contract. In addition to identifying those items of work
to be paid for by payments to the State, Attachment A - Payment Provision and Work
Responsibilities, also specifies those Project items of work that are the responsibility of
Utility and will be carried out and completed by Utility, at no cost to the State. The Utility
AFA Utility Page 1 of 5 Revised 04/23/2021
EXHIBIT "A"
CSJ # 0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10—Cardinal Drive
Interchange
shall be responsible for costs that are shown on Attachment B, Estimated Utility Costs,
which is attached to and made a part of this agreement.
B. If the Utility will perform any work under this contract for which reimbursement will be
provided by or through the State, the Utility must complete training before a letter of
authority is issued. Training is complete when at least one individual who is working
actively and directly on the Project successfully completes and receives a certificate for the
course entitled Local Government Project Procedures and Qualification for the Texas
Department of Transportation. The Utility shall provide the certificate of qualification to the
State. The individual who receives the training certificate may be an employee of the Utility
or an employee of a firm that has been contracted by the Utility to perform oversight of the
Project. The State in its discretion may deny reimbursement if the Utility has not designated
a qualified individual to oversee the Project.
C. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
3. Termination
A. This agreement may be terminated in the following manner:
1. By mutual written agreement and consent of both parties;
2. By either party upon the failure of the other party to fulfill the obligations set forth in this
agreement; or
3. By the State if it determines that the performance of the Project or utility work is not in
the best interest of the State.
B. If the agreement is terminated in accordance with the above provisions, Utility will be
responsible for the payment of Project costs incurred by the State on behalf of Utility up to
the time of termination.
4. Right of Access
If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized
representative access to the site to perform any activities required to execute the work.
5. Adjustments Outside the Project Site
Utility will provide for all necessary right of way and utility adjustments needed for performance
of the work on sites not owned or to be acquired by the State.
6. Responsibilities of the Parties and Indemnity
Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in
a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or
employees during the performance of the work on the Project. To the extent permitted by law,
Utility agrees to indemnify and hold harmless the State, its agents and employees, from all
suits, actions, or claims and from all liability and damages for any and all injuries or damages
sustained by any person or property in consequence with the performance of design,
construction, maintenance, or operation of the Utility facility. Such indemnity includes but is not
limited to any claims or amounts arising or recovered under the "Worker's Compensation Law",
AFA Utility Page 2 of 5 Revised 04/23/2021
CSJ # 0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10—Cardinal Drive
Interchange
the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other
applicable laws or regulations, all as time to time may be amended.
7. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between Utility and the State, the latest agreement shall take precedence over the
other agreements in matters related to the Project.
8. Successors and Assigns
The State and Utility each binds itself, its successors, executors, assigns, and administrators to
the other party to this agreement and to the successors, executors, assigns, and administrators
of such other party in respect to all covenants of this agreement.
9. Amendments
By mutual written consent of the parties, the scope of work and payment provisions of this
agreement may be amended prior to its expiration.
10. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A - Payment Provision and Work
Responsibilities, to this contract, the State will supervise and inspect all work performed
hereunder and provide such engineering inspection and testing services as may be required to
ensure that the Project is accomplished in accordance with the approved plans and
specifications. All correspondence and instructions to the contractor performing the work will
be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to
this contract, all work will be performed in accordance with the Utility Accommodation Rules as
set forth in 43 Texas Administrative Code §21.31 et. seq. adopted by the State and
incorporated in this agreement by reference, or special specifications approved by the State.
11. Maintenance
Upon completion of the Project, Utility will assume responsibility for the maintenance of the
completed Utility facility unless otherwise specified in Attachment A to this agreement.
12. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following addresses:
AFA Utility Page 3 of 5 Revised 04/23/2021
CSJ # 0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10—Cardinal Drive
Interchange
Utility: State:
City of Beaumont Director of Contract Services
ATTN: City Manager/ Kyle Hayes Texas Department of Transportation
801 Main Street Suite#300 125 E. 11th Street
Beaumont, TX 77701 Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided in this agreement. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that such
notices shall be delivered personally or by certified U.S. mail and such request shall be
honored and carried out by the other party.
13. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the
State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
14. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
15. Access to Information
The Utility is required to make any information created or exchanged with the state pursuant to
this contract, and not otherwise excepted from disclosure under the Texas Public Information
Act, available in a format that is accessible by the public at no additional charge to the state.
AFA Utility Page 4 of 5 Revised 04/23/2021
CSJ # 0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10—Cardinal Drive
Interchange
Each party is signing this agreement on the date stated under that party's signature.
THE UTILITY
Signature
Kyle Hayes
Typed or Printed Name
City Manager
Title
Date
THE STATE OF TEXAS
Signature
Martin N. Gonzalez, P.E.
Typed or Printed Name
District Engineer
Title
Date
AFA Utility Page 5 of 5 Revised 04/23/2021
CSJ# 0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10 —Cardinal Drive
Interchange
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
1. Description of the Work Items
The parties agree that the existing water and sanitary sewer systems shall be relocated and
adjustments shall be made along IH 10 and US 69. The facilities shall be owned, operated,
and maintained by Utility from and after completion and final acceptance by the State and
Utility. The estimated total construction cost for the relocated and adjusted facilities is
$4,598,030.96. The parties agree that it is their intent to complete the relocation improvements
within this estimate of cost.
2. Actual Cost Agreement
Utility will be responsible for paying all costs associated with the planning, specification, and
estimate (PS&E) development, and construction of the proposed utility work to the extent such
is not reimbursed pursuant to state law. All the costs associated with construction of the water
and sanitary sewer systems items for the Project shall be provided as defined under the
Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute
Funds executed between the State and Utility.
3. Schedule of Payments
A. At least forty-five (45) days prior to the date set for receipt of the construction bids, the Utility
shall remit its remaining financial share for the State's estimated construction oversight and
construction costs. Utility must advance to the State one hundred percent (100%) of its
share of the estimated Project utility construction costs. The amount to be advanced for the
utility improvements is estimated to be $24,840.00. (See Attachment B — Estimated Utility
Costs)
B. In the event the State determines that additional funding is required by the Utility at any time
during the Project, the State will notify the Utility in writing. The Utility is responsible for one
hundred percent (100%) of the authorized project cost and any overruns. The Utility will
make payment to the State within thirty (30) days from receipt of the State's written
notification.
C. Whenever funds are paid by the Utility to the State under this agreement, the Utility will
remit a warrant made payable to the "Texas Department of Transportation." The warrant
will be deposited by the State and managed by the State. Until the final Project accounting,
funds may only be applied by the State to the Project.
D. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due by the Utility, the State, or the Federal Government will be promptly paid by the
owing party.
4. Work Responsibilities
A. The Utility shall provide the following services under this contract:
i. Responsible for engaging the services of a Texas Registered Professional Engineer to
prepare drawings and technical specifications for waterline relocations and
adjustments along IH 10 and US 69.
ii. Provide the plans and specifications to the State to include in the current planning
specifications and estimate package being prepared by representatives of the Texas
Department of Transportation Beaumont District's Transportation Planning and
Development Office.
AFA Utility Page 1 of 3 Attachment A
CSJ# 0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10 —Cardinal Drive
Interchange
iii. Secure all necessary permitting as may be required for the installation of the water and
sanitary sewer systems line.
iv. Arrange and coordinate with the contractor, through the State, materials and
equipment testing, rejection of all work not conforming to minimum requirements of the
construction contract documents, maintenance of the proposed water and sanitary
sewer systems during construction, and the relocation of the water and sanitary sewer
systems and connection of services to customers.
v. Advise the State of work that Utility determines should be corrected or rejected.
vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results
of these activities.
vii. Provide inspection services for the construction, notify the State of defects and
deficiencies in the work, and observe actions of the contractor to correct such defects
and deficiencies.
viii. Assume all responsibility for the maintenance of the existing water and sanitary sewer
systems during and upon completion of the construction contract.
ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules,
regulations and laws are strictly adhered to.
x. Prepare and submit both a certificate of substantial completion and a list of observed
items requiring completion or correction for the relocations and adjustments to the
Project Engineer for concurrence.
xi. Coordinate all construction activities performed by Utility's staff for the relocations and
adjustments through the Project Engineer.
B. The State shall provide the following services under this contract:
i. Combine the water and sanitary sewer systems relocation and adjustment plans with
the plans being prepared for the Project.
ii. Review and approve the final construction plans prior to any construction-related
activities. In order to ensure federal and/or state funding eligibility, projects must be
authorized by the State prior to advertising for construction.
iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and
award and administer the contract for construction of the Project.
iv. Negotiate and administer all field changes and change orders required for the Project.
All change orders increasing construction costs for Utility's Project shall be submitted
to Utility for review and approval together with an evaluation. Utility agrees to review
and either approve or disapprove all change orders within five (5) business days after
receipt of such order unless Utility Board's approval is necessary in which case Utility
shall bring the item to Utility Board as soon as reasonably possible.
v. Provide overall project management to supervise the day-to-day activities of the
construction and monitor the activities of the contractor to promote the timely and
efficient completion of the Project in accordance with the approved Plans and
Specifications and construction schedule.
vi. Conduct field observations and coordinate with Utility's inspectors and the contractor to
cure defects and deficiencies in the construction prior to final acceptance.
vii. Make timely payment to the contractor for work performed in connection with the
Project.
AFA Utility Page 2 of 3 Attachment A
CSJ # 0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10 —Cardinal Drive
Interchange
viii. Ensure access and permit Utility's inspectors and other authorized representatives to
inspect the waterline construction at all times.
ix. Conduct and coordinate final inspection of the Project in the presence of Utility's
Engineer and Inspector, transmit final list of items to be completed or repaired and
observe contractor correction of same.
x. Maintain job file.
AFA Utility Page 3 of 3 Attachment A
CSJ #0739-02-140
District# BMT-20 Utility ID 000007773
Code Chart 64# 03200
Project: IH 10 —Cardinal Drive
Interchange
ATTACHMENT B
ESTIMATED UTILITY COSTS
Based on various calculations, following are those amounts due and payable for Utility's costs
associated with this project.
Total Estimated Costs
$4,598,030.96
Less Betterment Amount Due from Utility
$24,840.00
Amount of total utility relocation Costs
$4,573,190.96
Estimated Amount Eligible for Reimbursement
(Calculated eligibility Ratio — 100%)
$4,573,190.96
Amount of Utility Adjustment Due from Utility
$24,840.00
Estimated amount to be included in Construction Agreement
A. Betterment $24,840.00
B. Utility Adjustment
$0.00
GRAND TOTAL $24,840.00
Betterment Ratio Calculation
Estimated Betterment Costs
1. 6" water line replaced with 12" water line
2. 12" x 6" and 6" x 6" tapping sleaves replace with 12" x 12" and 12" x 6" tapping sleaves
Betterment Calculation:
Total Costs of Betterment (Estimated) - 1
Total Costs of Project (Estimated) - $
Betterment Percentage for final cost determination; 0.49% of final cost of relocation
Determination of Betterment— Comparison of estimated cost to replace "as is"
versus estimated costs associated with the betterment.
Item A:
Item B:
AFA Utility Page 1 of 1 Attachment B
� D.
BEAUMONT
TEXAS
TO: City Council
FROM: -Kyle Hayes, City Manager
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a resolution authorizing the Mayor to execute a
waiver granting permission for the Jefferson County Mosquito
Control District to operate aircraft at a low altitude over the City of
Beaumont for mosquito control purposes.
BACKGROUND
The Jefferson County Mosquito Control District is requesting that the City of Beaumont grant
authority for them to operate their aircraft at a low altitude over the City of Beaumont for
mosquito control purposes. The Jefferson County Mosquito Control District operates their
aircraft in accordance with all federal and state rules and regulations governing this type of
application.
The Jefferson County Mosquito Control District makes this request on an annual basis.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
Jefferson County Mosquito Control District
Organized in 1950
Denise Wheeler, Director j Advisory Commission:
8905 First Street 1 / Dr. M. 0. Way, Chairman
Beaumont, Texas 77705 Jaime Batiste, Secretary
Phone: (409) 719-5923 George Mitchell
Fax: (409) 727-4176 Matt Vincent
wheeler@co.iefferson.tx.us Reginald Boykins Sr.
January 24, 2022
Mayor's Office
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704 ..
Dear Mayor:
Each year the Jefferson County Mosquito Control.District requests the governing bodies
of the different communities in Jefferson County to furnish a waiver permitting the Mosquito
Control aircraft to fly at low altitudes over the territory under their jurisdiction.
It is respectfully requested that the City Council sign the enclosed waiver granting
permission for the Jefferson County.Mosquito Control District to operate aircraft over the City of
Beaumont for:mosquito control purposes.
Federal Regulations places the responsibility of maintaining all records and complying
with all rules and regulations upon the operator of the aircraft. This file is open at all times for
inspection.
We furthermore request that you please mail or fax the signed copy of the waiver to the
number listed above.
If at any time you may have any questions, please contact our office for assistance.
Respectfully yours,
Bryan Farrar, Pilot
Cc: County Judge Jeff Branick, Jefferson County
Commissioner Eddie Arnold, Precinct 1
Commissioner Darrell.Bush, Precinct 2 026272849
Commissioner Michael Sinegal, Precinct 3 je A sop
Commissioner Everett Alfred, Precinct 4 • 3
�eir RECEIVED
14
N JAN 2022 fie
as 4
CITY OF OEAUMON
V' EXECUTIVE OFFICES ‘s.��
Jefferson County Mosquito Control District
Organized in 1950
Denise Wheeler, Director l Advisory Commission:
8905 First Street 1 / Dr. M.O. Way,.Chairman
Beaumont,.Texas 77705 %, Jaime Batiste, Secretary
Phone: (409) 719-5923 •..,, �; George Mitchell
Fax: (409) 727-4176 Matt Vincent
wheeler®co.iefferson.tx.us - Reginald Boykins Sr.
January 24, 2022
AERIAL WAIVER
Mayor's Office
City of Beaumont
P.O. Box 3827 -
Beaumont, TX 77704
The Jefferson County Mosquito Control District is authorized to fly at low altitudes as
required for the application of pesticides for the control of mosquitoes within the limits of City of
Beaumont, Texas. Jefferson County Mosquito Control operates in accordance with all Federal
and:State Rules and Regulations governing this type of application. .
Signature:
Mayor's Office, City of Beaumont, Texas
Date:
Bryan Farrar, Pilot . .
Jefferson County Mosquito Control District
BF/dw
2
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the Mayor is hereby authorized to execute a document furnishing an aerial waiver
to the Jefferson County Mosquito Control District to allow their aircraft to operate at low
altitudes over the City of Beaumont for mosquito control 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 15th day of
February, 2022.
- Mayor Robin Mouton -
E
BEAUMONT
TEXAS
TO• City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sharae N. Reed, City Attorney
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a resolution terminating a lease agreement
between the City of Beaumont and Jefferson County.
BACKGROUND
In May 2013 the City entered into a.20 year lease agreement with the County for the tract of land
directly behind 3455 Sarah, being Sarah and Warren Street,the South one-half of Block 19 in the -M.C. Cartwright Subdivision in the J.W. Bullock League of the City of Beaumont. The City sold
the leased property at 3455 Sarah in December 2020. The City no longer has a public purpose for
the property and the Administration recommends that the lease be terminated.
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 execute a Termination of Lease
Agreement between the City of Beaumont and Jefferson County relating to property
located behind 3455 Sarah Street, being Sarah and Warren Street, the South one-half of
Block 19 in the M.C. Cartwright Subdivision in the J.W. Bullock League of the City of
Beaumont.
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 15th day of
February, 2022.
- Mayor Robin Mouton -
F
BEAUMONT
TEXAS
TO: City Council
FROM:. Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works&Technology Services
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a resolution rejecting the bids received for the
Water Treatment Plant Walkway and Safety Improvements
Project.
BACKGROUND
The Water Treatment Plant Walkway and Safety Improvements Project will be used to install a
new walkway and access way system for valve and equipment maintenance located in the filter
gallery area of the Water Treatment Plant.
Three vendors attended the mandatory pre-bid meeting, and all three submitted bids. All
submitted bids were significantly more than theanticipated amount for this project.
Until a bid is awarded the bid tab is not made public in order to preclude an unfair competitive
advantage in future bids. The project will be rebid at a later date.
FUNDING SOURCE .
Not Applicable.
RECOMMENDATION .
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on January 27, 2022, three (3) bids were received for the Water
Treatment Plant Walkway and Safety Improvements Project; and,
WHEREAS, the Public Works Department evaluated the three (3) bids submitted
and found that the bids were over the anticipated estimate; and,
WHEREAS, it is the recommendation of City of Beaumont Public Works
Department Administration to reject the submitted bids and rebid the project at a later
date; and,
WHEREAS, the City Council finds it is not in the best interest of the citizens of
Beaumont to accept the submitted bids for the Water Treatment Plant Walkway and
Safety Improvements Project and that said bids should be rejected;
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 does hereby reject the bids received for the Water
Treatment Plant Walkway and Safety Improvements 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 15th day of
February, 2022.
- Mayor Robin Mouton -
G .
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sharae N.Reed, City Attorney
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a resolution authorizing the City Attorney to file
suit against Netflix, Inc., Hulu LLC. Disney DTC LLC, and other
video service providers.
BACKGROUND
This suit will be to collect video services provider fees Netflix, Inc.("Netflix") Hulu LLC
("Hulu"), Disney DTC LLC ("Disney"), and other video service provider's ("VSPs"). The claim is
based on Texas Video Service Providers Act, Texas Utilities Code Sec. 66; which requires VSPs
to apply for a state issued certificate of franchise authority, and pay a municipality a 5%
franchise fee. Currently,Netflix, Hulu, and Disney are not paying the required 5%to the City.
The City will enter into a contingent fee contract with McKool Smith, P.C., Ashcroft Sutton
Reyes LLC, and Korein Tillery LLC and seek to have the fee approved by the Texas Attorney
General's office.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the City intends to pursue claims for monetary damages, declaratory
relief, and other legal remedies ("Damages") against Nefflix, Inc., Hulu LLC, Disney DTC
LLC, and other video service providers ("VSPs") as determined for non-payment of
franchise fees as required in the Texas Video Service Providers Act, Texas Utilities Code
Sec. 66 (the "Litigation"); and,
WHEREAS, the City's desired outcome in the Litigation is to recover from the
VSPs Damages owed to the City for failure to pay franchise fees and obtain an order
requiring the VSPs to pay the franchise fees going forward, in addition to other relief
allowed under the law; and,
WHEREAS, the VSPs deliver video programming to their customers via
broadband Internet through wireline facilities located at least partially in the public right of
way; and,
WHEREAS, the VSPs do not pay franchise fees to the City as required in section
66.005 of the Texas Utilities Code; and,
WHEREAS, the City has a substantial need of the legal services of counsel to
represent it in the Litigation; and,
WHEREAS, the City requires legal counsel that specialize in complex litigation
and are highly knowledgeable and experienced in the legal issues surrounding the non-
payment of franchise fees by the VSPs; and,
WHEREAS, the City now desires to enter into a contingent fee contract
("Contract") for legal services with McKool Smith, P.C., Ashcroft Sutton Reyes LLC, and
Korein Tillery LLC ("Counselors") to represent the City in the Litigation; and,
WHEREAS, Subchapter C of Chapter 2254 of the Texas Government Code
("Chapter 2254") requires that a political subdivision of the State of Texas, including the
City, may enter into a contingent fee contract for legal services only after: (i) the governing
body of the political subdivision has provided written notice to the public stating certain
provisions enumerated within Chapter 2254; (ii) the governing body of the political
subdivision approved such contract in an open meeting called, in part or in whole, for the
purposes of considering such contract; and (iii) the governing body of the political
subdivision stated in writing certain findings made by the governing body upon the
approval of such contract; and,
WHEREAS, before the contingent fee contract for legal services is effective and
enforceable, the City must receive approval of the Contract by the Office of the Attorney
General of Texas or the Contract is otherwise allowed under Tex. Gov't Code Ch.2254,
as amended; and,
WHEREAS, the City has caused notice of this resolution,this meeting, and certain
provisions enumerated within Chapter 2254 to be provided to the public in accordance
with the Texas Open Meetings Act and Chapter 2254; and,
WHEREAS, the meeting at which this resolution is being considered is an open
meeting called, in part or in whole, for the purpose of considering: (i) the City's need for
legal counsel to represent it in the Litigation; (ii) terms of the Contract; (iii) the
competence, qualifications, and experience of the Counselors; and (iv) the reasons that
the Contract is in the best interest of the City and complies with Chapter 2254; and,
WHEREAS, the City Council hereby finds and determines that the adoption of this
resolution is in the best interests of the residents of the City;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1. That the recitals contained in the preamble hereof are hereby found
to be true, and such recitals are hereby made a part of this resolution for all purposes and
are adopted as a part of the judgment and findings of the City Council.
SECTION 2. That the City Council hereby finds that: (i) there is a substantial need
for the legal services to be provided in the Litigation; (ii) the legal services to be provided
in the Litigation cannot adequately be performed by the attorneys and supporting
personnel currently employed by the City; (iii) the legal services to be provided in the
Litigation cannot reasonably be obtained from attorneys in private practice under a
contract providing only for the payment of hourly fees, without regard to the outcome of
the matter, because of the nature of the Litigation and without imposing an unnecessary
cost and burden on the City's finances; and (iv) the relationship between the City or the
City Council and the Counselors is not improper and would not appear improper to a
reasonable person.
SECTION 3. That based on the findings by the City Council described above, the
City Council hereby authorizes the City Manager to execute a legal services contract with
McKool Smith, P.C., Ashcroft Sutton Reyes LLC, and Korein Tillery LLC, approved as to
form by the City Attorney, effective only upon approval by the Office of the Attorney
General of Texas or as otherwise allowed under Tex. Gov't Code Ch. 2254, as amended.
SECTION 4. That it is officially found, determined, and declared that the meeting
at which this resolution is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting,
including this resolution, was given, all as required by Chapter 551 as amended, Texas
Government Code.
SECTION 5. That the City will pay the Counselors a contingency fee and
expenses in accordance with the rates in Attachment A to this resolution and contingent
upon the recovery, if any, by the City in the Litigation.
SECTION 6. That this Resolution shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Beaumont, and it
is accordingly so resolved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
February, 2022.
- Mayor Robin Mouton -
ATTEST:
Tina Broussard, City Secretary
APPROVED AS TO FORM & LEGALITY:
Sharae N.Reed, City Attorney
The fees for legal services provided by the Counselors in connection with the Litigation are
contingent upon the recovery by the City of Damages in the Litigation and will be paid out of such
recovery, if any, as follows:
If the City obtains a recovery and collection on behalf of the City before a trial or appeal, the
Counselors will receive attorneys' fees in the amount of Thirty Percent (30%) of the gross
recovery. If recovery for the City occurs after(1)the beginning of trial(at the beginning of opening
argument), or(2)upon appeal of any judgment,the Counselors will instead receive attorneys' fees
in the amount of the Thirty-Three and One-Third (33 1/3%).
The Counselors will advance all costs associated with the Litigation. The City agrees to reimburse
the Counselors for all reasonable costs out of its share of the gross recovery.
ATTACHMENT"A"
1
February 15,2022
Consider an ordinance denying the change in rates requested in Entergy Texas, Inc.'s Statement
of Intent filed with the City on January 31, 2022
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sharae N. Reed, City Attorney
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider an ordinance denying the change in rates
requested in Entergy Texas, Inc.'s Statement of Intent filed with
the City on January 31, 2022.
BACKGROUND
On January 31, 2022, Entergy Texas Inc. ("ETI") filed an application for approval of two
voluntary renewable option tariffs, Riders Small Volume Renewable Options ("SVRO") and
Large Volume Renewable Options ("LVRO"), with the City in its service area and concurrently
with the Public Utility Commission of Texas ("Commission"). Both Riders are voluntary
offerings that give customers the ability to match some or all of their monthly electricity usage
with renewable energy credits that are purchased by ETI and retired on the customer's behalf.
The monthly Rider SVRO charge for a residential customer using approximately 1,000 kWh per
month would range from approximately $3.83 to $10.10 depending on the level of participation
they choose. The program is completely voluntary, so no customer would be charged under
Riders SVRO or LVRO unless they opt in.
ETI has requested action on this Statement of Intent so that if denied the matter can be joined
with the proceeding before the Public Utility Commission of Texas. A denial of the request will
allow the application to proceed before the Public Utility Commission of Texas for a full review.
FUNDING SOURCE
Reasonable expenses associated with rate cases are reimbursable by the company as proved for
in the Public Utility Regulatory Act.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
TEXAS, (OR "CITY") DECLINING TO APPROVE THE CHANGE IN RATES
REQUESTED IN ENTERGY TEXAS, INC.'S ("ETI" OR "COMPANY")
STATEMENT OF INTENT FILED WITH THE CITY ON JANUARY 31, 2022, AND
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN
ACCORDANCE WITH TEXAS LAW.
WHEREAS, ETI filed with the City its Statement of Intent and Application for
Approval of Two Voluntary Renewable Option Tariffs, Rider SVRO and Rider LVRO
("Statement of Intent"); and,
WHEREAS, the City has duly noticed its consideration of the Company's
Statement of Intent and is acting within its authority under applicable law;
NOW, THEREFORE, BE IT ORDAINED
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 City DECLINES to approve any and all changes in rates requested by
ETI and included in ETI's Statement of Intent and that ETI's proposed new rates should
not be made effective.
The meeting at which this ordinance 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 15th day of
February, 2022.
- Mayor Robin Mouton -
ATTEST:
City Clerk
2
February 15,2022
Consider a request to extend the deadline to commence construction of a cell tower to be located at
5580 Cole Street
BEAUMONT .
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a request to extend the deadline to commence
construction of a cell tower to be located at 5580 Cole Street.
BACKGROUND
Lou Katzerman representing TVTI,L.L.C.,D.B.A. Tower Ventures is requesting an extension for
the Specific Use Permit issued in February of 2020 to construct a one hundred eighty (180)foot
cellular tower at the rear of 5580 Cole Street. The City of Beaumont Zoning Ordinance states
"Unless construction. . (is) commenced and substantially underway within a two-year period, the
specific use permit shall become null and void. Extensions of time for good case may be
approved by the city council. "
In February of 2020, City Council approved ordinance number 20-007 to allow a Specific Use
Permit for a cell tower in a GC-MD (General Commercial - Multiple Family Dwelling) District
with the following conditions:
1. Provide a copy of the recorded access easement and lease agreement.
2. The driveway approach shall be reconstructed to meet the city's driveway standards.
3. A six-foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the
lease site with a solid gate.
4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each
twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the
gated area.
The applicant is requesting additional time due to delays cause by the Covid-19 pandemic..
FUNDING SOURCE
Not applicable.
RECOMMENDATION
The Administration recommends a new deadline of February 15, 2023 with the following
conditions:
1. Provide a copy of the recorded access easement and lease agreement.
2. The driveway approach shall be reconstructed to meet the city's driveway standards.
3. A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the
lease site with a solid gate.
4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each
twenty-five linear feet of the perimeter of the tower site arid shrubs save and except for the
gated area.
•
SPECIFIC USE PERMIT APPLICATION
g EAUM NT9 TEXAS
(Chapter28,City Codes)
TO: TIRE PLANNING COMMISSION AND CITY COUNCIL,CITY OF BEAUMONT,TEXAS
APPLICANT'S NAME:TVTI LLC• , DBA Tower Ventures C/C Lou Katzemian
APPLICANTS ADDRESS:495 Tennessee Street Suite:152 iiemphis, TN 38103
APPLICANTS PHONE#:901-239-3892 FAX#• gtOwerventures. om
NAME OF PROPERTY OWNER:®RC Construction LL.0 C/O Dawn Cockerill
ADDRESS OF PROPERTY OWNER PC Box 3532 Beaumont,TX 77704 •
•
LOCATION OFPROPERTY:5580 Cole RD(Rear, off of Rosedale r ID)Beaumont, TX 77708
A T'OAL DESCREPTIORT OF PROPERTY:
LOT NO. OR TRACT Property ID#97752
BLOCK No. PLAT ID#056900-000-001700-00000-8
ADDITION SURVEY
•
NUMBER OF ACRES NUMBER OF ACRES 2'0
For properties rant in a recorded subdivision,submit a espy of a=reant survey or plat showing the properties proposed for a spec title ase
permit,and a eommpiete legal fields note description.
PROPOSED USE: 180 FT Monopole Call Tower and related ground equipment zoNE.CG-MCA
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SUM PLAN drawn to scale with the information Listed on the tog back side of this sheet.
ATTACH A REDUCED g'/,°'X 11"PHOTOCOPY OF THE SITE PLAN
THE E1IG1dT CONDITIONS listed on the back side of this sheet must be met before City Council can gram a specific use permit. PLEASE
ADDRESS EACH CONDITION IN DETAIL
ATTAC is THE APPROPRIATE APPLICATION FEE:
LESS THAN%z ACRE $250.00
'h ACRE OR MORE AND LESS THAN S ACRRFS $450.00
5 ACRES OR MORE........_....._............................: $650.00
I,being the undersigned applicant,understand that ail conditions,dimensions,building sizes,landscaping and parking areas depicted on the
site plan shall be sacred to as amended c l.;'ycity Council.
* `ir e` •__ 1/13/2020
SIGNATURE OF APPLICANT: '"- DATE
SIGNATURE OF PROPERTY OWNER; �
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OP BEAUMONT
PLANNING DIVISION
801 MAIN STREET,ROOM 201
rr�� BEAUMONT,TX 77701
TILE NUMBER: h -'7 - P
Phone-(409)880-3764
Fax-(409)880-3110
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PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. -
TVT I LLC m Tower Ventures
Phone:901244-4017 •
495 Tennessee Street
Suite: 152
Memphis,TN 38103
City of Beaumont Planning Dept. January 141h;2020
C/O Ms.Adina Josey,Senior Planner
810 Main Street
Suite:210
Beaumont,TX 77701
RE: (TX-1051; Beaumont Rosedale) Letter of Intent- for a One Hundred Eighty Foot (180') Monopole
Communications Tower at 5580 Cole RD(rear)Beaumont,TX 77708,(Property ID#97752)
Dear Ms.Josey:
TVT I LLC(Tower Ventures),495 Tennessee Street, Suite: 152 Memphis,TN 38103 proposes to construct a
One Hundred Eighty Foot(180')CMCS tower at 5580 Cole RD(rear)(Property ID#97752)Beaumont,TX 77708The
tower will be a Monopole design.It will be built to support cellular communications and wireless data services. Since
we kindly allow and seek colocations,the proposed tower will be designed to support four(4) antenna arrays. The
tower will be equipped with a climbing apparatus.
Site equipment will be placed in a Lease area of 50' x 50'.A 6' (six foot) wooden fence will be constructed
around the lease area to conceal the ground equipment.The Compound Gates will be chain link with concealment slats.
We are proposing building 10 ft wide landscape screens on all four sides of the Tower site(save for the gated area).
The proposed tower is to be located on a large commercial parcel that is surrounded by commercial uses on all sides of
the subject parcel.The compound will have its own dedicated access,along with a parking space.
There is a need for improved cellular coverage in this area of Beaumont.The heavy traffic along Eastex Freeway
and area that surrounds the Parkdale Mall,will greatly benefit from this tower.The site will add needed data capacity
and clear up adjacent cell site congestion.In short,the proposed tower will transmit directly into the Mall.
The Southern Broadband Team has provided a Letter of Need along with before and after coverage maps.
Please see this information in Section Number Nine of this application.They will also be a tower tenant.
The Cellular Equipment planned for the proposed tower cannot be accommodated on any existing structures because
there are no appropriate existing structures or pending structures to accommodate the planned equipment, considering,
among other factors,the licensees'system requirements.Therefore,the proposed tower is needed so that the licensees
can provide better cellular coverage and can improve its E911 emergency services network. The citizens of Beaumont,
TX benefit each time a licensee expands its network coverage because each site enhances the licensee's ability to
provide emergency response services.
TVT I, LLC Tower Ventures, appreciates the City of Beaumont Planning Department's consideration of this
application. Please contact me at(901)244-4017 if you have any questions concerning this application.Many thanks.
Sincerely,
Lou Katzerman
Site Acquisition and Zoning Manager
TVT I,LLC-Tower Ventures
Phone:(901)2/14 4017
lou@towerventures.com
1.r...,F .••�+Kw.iT:F4Ts�r4�.Y•�.. , :c .: i'..
SECTION 28.04,001,ZONING ORDINANCE REQUIRES THAT TIifSB EIG T C•ONDTTIONS MUST BE MET BEFORE A
' SPEUit+1C USE PERMIT CAN BE ISSUED.Please explain how the proposed project will comply with each of these conditions in
• your application:
o That the specitio use will bet compatible with and not injurions to the use and enjoyment of outer property,nor
significantly diminish or impair property values within the immediate virinity;
The area around the prosed tower is commercially zoned, C-G. The tower is too far from any residential
to impact any existing housing. Site is designed to provide coverage to the Mall, Eastex Freeway,and the
other commercial areas around tower.
o That the establishment of the specific use will not impede the normal and orderly development and improvement
of surrounding vacant property;
Again,this is a commercial area. Tower is in the rear of the subject tract.Being in the rear, with its own
access, the rest of the commercial property is left for other future development, unaffected by the
proposed tower.
o That adequate utilities,access roads,drainage and other necessary supporting facilities have been or will be
provided;
Cell towers need very little utilities.Most only require electric power.No water or gas required. The
average usage per carrier who locates their equipment on a tower is much less than say a residential
home. We have included a drainage plan in our site plan. The site plan also illustrates a separate vehicle
access for the tower.Access will be gated and locked for security.
o The design,location and arrangement of all driveways and parking spaces provides for the safe and convenient
movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent
development;
The Tower has its own dedicated access road. Towers, on an average,are visited once a month per
carrier. Or, unless something breaks.In all, towers generate very little vehicle traffic to any given
location. Very little or no traffic impact on the surrounding or adjacent properties.
o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor,
fumes,dust,noise and vibration;
Towers traditionally do not emit odors, noise,fumes, dust or vibrations. Towers are a quit neighbor.
o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties;
Since the proposed tower is less than 200ft, the FAA should not require tower to be lighted.
a That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property;
and
•
Please see the site plan. We have added a ten-foot-wide landscaping screen, on all four sides of the
proposed tower compound.Save for the compound gates. We are always open to adding additional
landscaping if needed. We take pride in how our sites look.
{� Mat the proposed use.k jn .Ccot .ace with the Comprehensive
In today's world, cell towers are simply an extension of utilities.Any new development needs,power,
water,gas and cable TV access. Towers are no different. Because the proposed tower is a utility use, new
tower development uses are in accordance with the Comprehensive Plan.
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0 i N TX-1051 BEAUMONT ��` .3£F 0
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495 TENNESSEE ST. ROSEDALE pifi..&�, m.- ' . PI
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m MEMPHIS, TN 38103 555D COLS RD � � }`�
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8 a . TVT I, LLC ROSEDALE � a r XI
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TVT I LLC - Tower Ventures
Phone:901244-4017
495 Tennessee Street
Suite: 152
Memphis,TN 38103
January 14'h,2020
City of Beaumont Planning Dept.
CIO Ms. Adina Josey, Senior Planner
810 Main Street
Suite:210
Beaumont,TX 77701
RE: (TX-1051; Beaumont Rosedale) Proposed Tower Conditions - for a One Hundred
Eighty Foot(180')Monopole Communications Tower at 5580 Cole RD (rear)Beaumont,
TX 77708, (Property ID#97752)
Dear Ms.Josey:
5580 Cole ' - Proposed Tower Conditions:,
1) One Hundred Eighty-foot(180') "Mono-pole" CMCS Designed for Four(4)sets
of Full Antenna Arrays
2) Six-foot(6')wooden site-proof Fence.
3) Chain link Gates with privacy slats.
4) A 50 ft x 50 ft Tower Lease Area.
5) Landscaping screens will be built on all four of the tower compound sides (Save
for the gated area).
6) One Dedicated Parking Space.
7) Access will run north from site,back to Rosedale RD.
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT
TO ALLOW THE CONSTRUCTION OF A CELLULAR TOWER IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT
LOCATED AT 5580 COLE STREET IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, on February 25, 2020, City Council approved Ordinance 20-007
issuing a specific use permit to Lou Katzerman, on behalf of TVTI, L.L.C., D.B.A. Tower
Ventures to allow a cellular tower in a GC-MD (General Commercial-Multiple Family
Dwelling) District for property located at the rear of 5580 Cole Street, subject to the
following conditions:
• Provide a copy of the recorded access easement and lease agreement;
• The driveway approach shall be reconstructed to meet the city's driveway
standards;
• A six foot wood or masonry fence to be constructed 10 feet inside the perimeter
edge of the lease site with a solid gate;
• The landscaped buffer should include either one (1) class A or two (2) class B
trees for each twenty-five linear feet of perimeter of the tower site and shrubs
save and except for the gated area;
and,
WHEREAS, the cellular tower was not constructed due to delays caused by the
Covid-19 pandemic; and,
WHEREAS, Lou Katzerman, on behalf of TVTI, L.L.C., D.B.A. Tower Ventures,
wishes to amend the specific use permit to allow for the construction of a cellular tower in
a GC-MD (General Commercial-Multiple Family Dwelling) District on property located at
5580 Cole Street, Beaumont, Jefferson County, Texas, as described in Exhibit "A" and
shown in Exhibit "B," attached hereto and made a part hereof for all purposes; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval to amend the specific use permit
by extending the deadline to February 15, 2023 to allow the construction of a cellular
tower in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 5580
Cole Street, subject to the following conditions:
• Provide a copy of the recorded access easement and lease agreement;
• The driveway approach shall be reconstructed to meet the city's driveway
standards;
• A six foot wood or masonry fence to be constructed 10 feet inside the perimeter
edge of the lease site with a solid gate;
• The landscaped buffer should include either one (1) class A or two (2) class B
trees for each twenty-five linear feet of perimeter of the tower site and shrubs
save and except for the gated area;
and,
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY 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,
Section 1.
That Ordinance 20-007 be amended by amending the specific use permit granted
to Lou Katzerman, on behalf of TVTI, L.L.C., D.B.A. Tower Ventures, its legal
representatives, successors, and assigns for that certain tract described in Exhibit"A"and
shown on Exhibit "B" attached hereto and made a part hereof for all purposes, by
extending the deadline to February 15, 2023 to allow the construction of a cellular tower
in a GC-MD (General Commercial-Multiple Dwelling) District on property located at 5580
Cole Street, subject to the following conditions:
• Provide a copy of the recorded access easement and lease agreement;
• The driveway approach shall be reconstructed to meet the city's driveway
standards;
• A six foot wood or masonry fence to be constructed 10 feet inside the perimeter
edge of the lease site with a solid gate;
• The landscaped buffer should include either.one (1) class A or two'(2) class B
trees for each twenty-five linear feet of perimeter of the tower site and shrubs
save and except for the gated area.
Section 2.
Notwithstanding the site plan attached hereto as Exhibit"C,"the use of the property
herein above described shall be in all other respects, subject to all of the applicable
regulations contained in Ordinance 20-007 and the regulations contained in Chapter 30
of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
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 15th day of
February, 2022.
- Mayor Robin Mouton -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
TOWER LEASE BEING a 0.057 acre (2,500.03 square feet)tract of land situated in the Thomas
Spear Survey, Abstract No. 50,being out of a called Tract I and Tract II, described in deed to
DRC Construction LLC.,recorded in Instrument No. 2018033410,Deed Records, Jefferson
County, Texas, and being more particularly described by metes and bounds as follows;
COMMENCING at a found 1/2" iron rod at the northwest corner of said Tract I and the northeast
corner of Tract II, situated on the northwest line of Rosedale Drive (60.5'public right-of-way);
THENCE South 67° 23' 55" West for a distance of 25.01 feet to a set 1/2" iron rod for the
POINT OF BEGINNING;
THENCE North 89° 01' 13" East passing the common boundary line of Tract I and Tract II at a
distance of 10.86 feet, and continuing for a total distance of 50.00 feet to a point for corner;
THENCE South 00° 58'47" East for a distance of 50.00 feet to a point for corner;
THENCE South 89° 01' 13" West passing the common boundary line of Tract I and Tract II at a
distance of 6.30 feet, and continuing for a total distance of 50.00 feet to a point for corner;
THENCE North 00° 58' 47" West a distance of 50.00 feet to the POINT OF BEGINNING, and
containing 0.057 acre (2,500.03 square feet) of land, more or less.
ACCESS AND UTILITY EASEMENT BEING a 0.032 acre (1,399.32 square feet)tract of land
situated in the Thomas Spear Survey, Abstract No. 50,being out of a called Tract I and Tract II,
described in deed to DRC Construction LLC., recorded in Instrument No. 2018033410, Deed
Records, Jefferson County, Texas, and being more particularly described by metes and bounds as
follows;
COMMENCING at a found 1/2" iron rod at the northwest corner of said Tract I and the northeast
corner of Tract II, situated on the northwest line of Rosedale Drive (60.5'public right-of-way);
THENCE South 67°23' 55" West for a distance of 25.01 feet to a set 1/2" iron rod for corner,
being the northwest corner of the described Tower Lease;
THENCE North 89° 01' 13" East passing the common boundary line of Tract I and Tract II at a
distance of 10.86 feet, and continuing for a total distance of 50.00 feet to a point for corner,
being the northeast corner of the described Tower Lease;
THENCE South 00° 58' 47" East along the east line of said Tower Lease for a distance of 15.00
feet to a point for the POINT OF BEGINNING;
THENCE North 89° 01' 14" East leaving the east line of said Tower Lease for a distance of
25.86 feet to a point for corner;
EXHIBIT "A"
THENCE North 44° 01' 42" East for a distance of 8.69 feet to a point for corner;
THENCE North 00° 58' 18" West to said right-of-way for a distance of 18.85 feet to a point for
corner;
THENCE North 89° 01' 42" East along said right-of-way for a distance of 20.00 feet to a point
for corner;
THENCE South 00° 58' 18" East leaving said right-of-way for a distance of 27.14 feet to a point
for corner;
THENCE South 44° 01' 42" West for a distance of 25.25 feet to a point for corner;
THENCE South 89° 01' 14" West to the east line of said Tower Lease for a distance of 34.14 feet
to a point for corner;
THENCE North 00° 58' 46" West along the east line of said Tower Lease a distance of 20.00
feet to the POINT OF BEGINNING, and containing 0.032 acre (1,399.32 square feet) of land,
more or less.
•
2409-P: Request for a Specific Use Permit to allow to allow a cell tower in a GC-MDN
(General Commercial-Multiple Family Dwelling)District.
Applicant: TVTI L.L.C.,D.B.A. Tower Ventures do Lou Katzerman
Location: 5580 Cole Street
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• EXHIBIT "C" I .
3
February 15,2022
Consider authorizing the City Manager to award a contract to Greenscapes Six, LLC, of Baytown
for the Concrete Pavement Repair City Wide-Phase II Project
BEAUMON T
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
award a contract to Greenscapes Six, LLC, of Baytown for the
Concrete Pavement Repair City Wide-Phase II Project.
BACKGROUND
The Concrete Pavement Repair City Wide—Phase II Project consists of removing and replacing
concrete pavement, concrete curb, crack sealing concrete pavement, and all other work related to
concrete pavement repair.
On February 3, 2022, four (4)bids were received for fiunishing all labor,materials,and
equipment for the project. The Engineer's Estimate is $3,200,000.00. The bid totals are
indicated in the table below:
Contractor Location Base Bid Amount
Greenscapes Six, LLC • Baytown, TX $2,397,669.50
MK Constructors Vidor, TX $2,987,442.00
Brystar Contracting, Inc. Beaumont, TX • $3,169,610.00
ALLCO, LLC Beaumont, TX $3,184,358.00
The Public Works Engineering staff recommends this project be awarded to the lowest bidder,
Greenscapes Six, LLC, in the amount of$2,397,669.50. A total of 365 calendar days are
allocated for completion of the project.
FUNDING SOURCE
Capital Program—Street Rehabilitation Program.
RECOMMENDATION
Approval of the resolution.
• BID TABULATION
CONCRETE PAVEMENT REPAIR CITY WIDE PHASE II
BID NUMBER:PW1222-06:
BID OPENING DATE:THURSDAY,FEBRUARY 3,2022
The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received.. j �N� v%
S�P,.�J,F.rFkgs,111
& A '
1/4)\1• _\:).,SIA � � a
-
•
By:AMALIA VILLARREAL,P.E.,CFM,CITY ENGINEER ATE /II10,c�•‘CENSEa:•���!�
•
Greenscapes Six,LLC MIC Constructors Brystor Contracting,Inc. ALLCO,LLC
Item Estimated
Item No. Code Description ' Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total
104 6001 REMOVE CONCRETE(CURB) 7,547 LF - .$ 20.00 $ 150,940.00 $ 1.00 $ 7,547.00 $6.50 $ - 49,055.50 $ 6.00 $ 45,282.00
104 6002 REMOVE CONCRETE(DRIVEWAY) 1,328 SY $ 25.00 $ 33,200.00 $ 11.00 $ - 14,608.00 $47.00 $ 62,416.00 $ 44.00 $ 58,432.00
162 6001 BLOCK SODDING 1,258 SY $ 9.00 $ 11,322.00 $ 6.00 $ - 7,548.00 $12.00 $ 15,096.00 $ 15.00 $ 18,870.00
247' 6001 FLEX BASE(8")(TY D)(GR,D)(DC)(COMP.IN PLACE)(BASE 10,142 SY $ 40.00 $ :. 405,680.00 $ 15.00 $- 152,130.00 $45.00 $ 456,390.00 $ 59.00 $ ' 598,378.00
COURSE)
361 6001 REPAIR OF CONCRETE PAVEMENT(H.E.S.CONCRETE)(6") 2,896 SY $ 90.00 $ 260,640.00 $ 185.00 $ 535,760.00 $158.00 $ 457,568.00 $ 149.00 $ 431,504.00
361 6002 REPAIR OF CONCRETE PAVEMENT(H.E.S.CONCRETE)(8") 4,415 SY $ 120.00 $ 529,800.00, $ 211.00 $ 931,565.00 $170.00 $ 750,550.00 $ 159.00 $ ' 701,985.00
•361 6003 REPAIR OF CONCRETE PAVEMENT(H.E:S.CONCRETE)(10") 2,831 SY $ 125.00 $ :. :. 353,875.00 $ .. 248.00 $ 702,088.00 .: $190.00 $ 537,890.00 $. 168.00 $ 475,608.00 •
500 ' 6001 MOBILIZATION 1 LS $ 50,000.00 $ '50,000.00 $ 111,000.00 $ 111,000.00 $80,000.00 $ '80,000.00 $ 152,000.00 $ , 152,000.00
502 ' 6001 BARRICADES,SIGNS&TRAFFIC HANDLING 12 MON $ 4,000.00 $ 48,000.00 $ 2,240.00 $ 26,880.00 $1,000.00 $ : 12,000.00 $ 3,900.00 $ 46,800.00
529,, 6001 CONCRETE CURB 7,547 LF $ 20.00 $ _ 150,940.00 $ 9.00 $ 67,923.00 . $26.00 $ - 196,222.00 $; 12.00. $ - 90,564.00
531 6001 DRIVEWAY(CONCRETE)(6") 1,328 SY $ 70.00 $ 92,960.00 $ 106.00 $ 140,768.00 $120.00 $ 159,360.00 $ 145.00 S 192,560.0,0
713 6001 '-CLEANING AND SEALING JOINTS AND CRACKS .82,750 LF $ 3.75 $ 310,312:50 $ ' 3.50 $ 289,625.00 $4.75 $ 393,062.50 $ 4.50 $ 372,375.00
BASE BID TOTAL $ 2,397,669.50 $ 2,987,442.00 $ 3,169,610.00 $ 3,184,358:00
RESOLUTION NO.
WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials,
and equipment for the Concrete Pavement Repair City Wide - Phase II Project; and,
WHEREAS, Greenscapes Six, LLC, of Baytown, Texas, submitted a bid in the
amount of$2,397,669.50; and,
WHEREAS, the City Council is of the opinion that the bid submitted by
Greenscapes Six, LLC, of Baytown, Texas, is the lowest responsible bidder providing
services at 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 Greenscapes
Six, LLC, of Baytown, Texas, in the amount of$2,397,669.50, for the Concrete Pavement
Repair City Wide — Phase II Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Greenscapes Six, LLC, of Baytown, 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 15th day of
February, 2022.
- Mayor Robin Mouton -
4
February 15,2022
Consider authorizing the City Manager to award a contract to Elite Contractors &Equipment,
LTD, of Kirbyville for the Fleet Management Parking Lot Reconstruction Project-Phase II
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak,Director of Public Works &Technology Services
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a
contract to Elite Contractors &Equipment, LTD, of Kirbyville, TX for the
Fleet Management Parking Lot Reconstruction Project-Phase II.
BACKGROUND
The Fleet Management Parking Lot Reconstruction Project—Phase II consists of reconstructing the
northeast portion of the facility's parking lot. Additional improvements include replacing a portion of
the perimeter fence and regrading/ditch modifications to improve the overall drainage.
On February 3, 2022, eight(8) bids were received for furnishing all labor, materials, and equipment for
the project. The Engineer's estimate is $1,600,000.00. The bid totals are indicated in the table below:
Contractor Location Base Bid Amount
Elite Contractors &Equipment, LTD Kirbyville,TX $1,584,104.00
A-1 Construction Services : Houston, TX . . $1,724,591.50
Construction Managers of Southeast Texas, LLC Beaumont, TX • $1,781,400.08
Brystar Contracting, Inc. Beaumont,TX $1,793,665.00
Deztex Industrial Services, LLC dba Ramtex Beaumont, TX $1,850,640.42
BDS Constructors, LLC dba MK Constructors .Vidor, TX $2,039,944.00
Polivka International Co. Inc Weddington,NC $2,175,547.50
Greenscapes Six, LLC Baytown, TX $3,020,208.00
The.Public Works Engineering staff recommends this project be awarded to the lowest bidder, Elite
Contractors &Equipment, LTD, in the amount of$1,584,104.00. A total of 183 calendar days are
allocated for completion of the project.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
BID TABULATION
CITY OF BEAUMONT FLEET MANAGEMENT PARKING LOT RECONSTRUCTION-PHASE II --`PAC:OF Tfkqt t,8
BID NUMBER:PW0122-08 :s-••--
I.
BID OPENING DATE:FEBRUARY 3,2022 i.' . %*7
The Bid Proposals submitted have been reviewed and to the best of my knowledge this Is an accurate tabulation of the bids received. y BRANDON C. BELAIRE,1
EtI.0% 138396 r�f
eppfid /O,r//,,/w 02.-oy-le2z 11:?r":'410ENSEO,:".,,,
By:Brandon Belaire,P.E.,Roadway Engineer Date
LTD A-1 Construction Services Construction Managers of
. Elite Contractors 8 Equipment, Southeast Texas,LLC Brystar Contracting,Inc.
Item No. Item Description Estimated Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total
Code Quantity
100 6001 PREP RIGHT-OF-WAY 1 LS $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 $3,942.09 $ 3,942.09 $ 20,000.00 $ 20,000.00
104 6001 REMOVING CONC PAV 7,483 SY $ 7.00 $ 52,381.00 $ 8.00 $ 59,864.00 $8.77 $ 65,625.91 $ 12.00 $ 89,796.00
105 6000 REMOVING STAB BASE AND ASPHALT PAV 8,407 SY $ 5.00 $ 42,035.00 $ 6.50 $ 54,645.50 $6.85 $ 57,621.58 $ 9.00 $ 75,663.00
110 6002 EXCAVATION(CHANNEL) 977 CY $ 30.00 $ 29,310.00 $ 16.00 $ 15,632.00 $6.31 $ 6,164.87 $ 18.00 $ 17,586.00
110 6003 EXCAVATION(SPECIAL) 2,276 CY $ 25.00 $ 56,900.00 $ 17.50 $ 39,830.00 $7.03 $ 16,000.28 $ 22.00 $ 50,072.00
162 6002 GRADING AND BLOCK SODDING 722 SY $ 6.00 $ 4,332.00 $ 3.50 $ 2,527.00 $11.04 $ 7,970.88 $ 15.00 $ 10,830.00
260 6002 LIME TREAT(HYDRATED LIME(SLURRY)) 347 TONS $ 380.00 $ 131,860.00 $ 350.00 $ 121,450.00 $524.01 $ 181,831.47 $ 460.00 $ 159,620.00
360 6000 CONC PAV(JRCP)(8") 15,833 SY $ 60.00 $ 949,980.00 $ 72.50 $ 1,147,892.50 $66.74 $ 1,056,726.09 $ 63.00 $ 997,479.00
427 6006 SURFACE FINISHES FOR CONCRETE 238 SF $ 15.00 $ 3,570.00 $ 1.25 $ 297.50 $27.33 $ 6,504.54 $ 10.00 $ 2,380.00
446 6002 FIELD CLEANING AND PAINTING STEEL 218 SF $ 20.00 $ 4,360.00 $ 2.75 $ 599.50 $6.31 $ 1,375.58 $ 45.00 $ 9,810.00
479 6001 ADJUSTING MANHOLES 1 EA $ 500.00 $ 500.00 $ 250.00 $ 250.00 $525.61 $ 525.61 $ 1,500.00 $ 1,500.00
496 6007 REMOVE STRUCTURE(PIPE) 9 LF $ 50.00 $ 450.00 $ 10.00 $ 90.00 $52.56 $ 473.04 $ 25.00 $ 225.00
496 6023 REMOVE STRUCTURE(JUNCTION BOX&SURFACE INLET) 1 EA $ 1,500.00 $ 1,500.00 $ 250.00 $ 250.00 $1,051.22 $ 1,051.22 $ 1,000.00 $ 1,000.00
496 6030 REMOVE STRUCTURE(BOLLARD) 22 EA $ 100.00 $ 2,200.00 $ 15.00 $ 330.00 $105.12 $ 2,312.64 $ 200.00 $ 4,400.00
500 60D1 MOBILIZATION 1 LS $ 70,000.00 $ 70,000.00 $ 76,000.00 $ 76,000.00 $86,200.31 $ 86,200.31 $ 85,000.00 $ 85,000.00
502 6001 BARRICADES,SIGNS,AND TRAFFIC HANDLING 6 MO $ 500.00 $ 3,000.00. $ 300.00 $ 1,800.00 $1,051.22 $ 6,307.32 $ 400.00 $ 2,400.00
550 6003 CHAIN LINK FENCE(REMOVE) 942 LF $ 6.00 $ 5,652.00 $ 5.00 $ 4,710.00 $4.21 $ 3,965.82 $ 6.00 $ 5,652.00
550 6009 CHAIN LINK FENCE(INSTALL) 968 LF $ 45.00 $ 43,560.00 $ 81.50 $ 78,892.00 $77.48 $ 75,000.64 $ 95.00 $ 91,960.00
618 6023 CONDUIT(PVC)(SCH 40)(2") 859 LF $ 16.00 $ 13,744.00 $ 3.50 $ 3,006.50 $18.92 $ 16,252.28 $ 18.00 $ 15,462.00
618 6070 CONDUIT(RIGID METAL)(2°) 32 LF $ 60.00 $ 1,920.00 $ 6.25 $ 200.00 $33.64 $ 1,076.48 $ 30.00 $ 960.00
752 6015 TREE AND BRUSH REMOVAL 70 EA $ 375.00 $ 26,250.00 $ 25.00 $ 1,750.00 - $765.92 $ 53,614.40 $ 150.00 $ . 10,500.00
5067 6001 PRECAST CONC WHEELSTOP 69 EA $ 400.00 $ 27,600.00 $ 325.00 $ 22,425.00 - $420.00 $ 28,980.00 $' 350.00 $ 24,150.00
5084 6001 FIXED BOLLARD 56 -EA $ 500.00 $ 28,000.00 $ 550.00 $ 30,800.00 $617.54 $ 34,582.24 $ 620.00 $ 34,720.00
9000 6001 REMOVE AND REINSTALL METAL COVERING(STRUCTURE) 1 LS $ 5,000.00 $ .5,000.00 $ 350.00 $ 350.00 $2,550.00 $ 2,550.00 $ 4,500.00 $ 4,500.00
9001 6001 SPEED CUSHIONS 60 EA $ 1,250.00 $ 75,000.00 $ 1,000.00 $ 60,000.00 $1,079.08 $ 64,744.80 $ 1,300.00 $ 78,000.00
BASE BID TOTAL $1,584,104.00 $1,724,591.50 $1,781,400.08 $1,793,665.00
Page 1 of 2
BID TABULATION
CITY OF BEAUMONT FLEET MANAGEMENT PARKING LOT RECONSTRUCTION-PHASE II
BID NUMBER:PW0122-08
BID OPENING DATE:FEBRUARY 3,2022
The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received.
Deztex Industrial Services,LLC BIDS Constructors,LLC Polivka International Co.Inc. Greenscapes Six,LLC
dba Ramtex dba MK Constructors
Item Estimated
Unit Unit Price Total Unit Price Total
Item No. Code Description Quantity Unit Price Total • - Unit Price Total
100 6001 PREP RIGHT-OF-WAY 1 LS $ 7,359.85 $ 7,359.85 $ 12,500.00 $ 12,500.00 $ 93,000.00 $ 93,000.00 $ 10,000.00 $ 10,000.00
104 6001 REMOVING CONC PAV 7,463 SY $ 11.94 $ 89,379.68 $ 23.00 $ 172,109.00 $ 18.00 $ 134,694.00 $ 20.00 $ 149,660.00
105 6000 REMOVING STAB BASE AND ASPHALT PAV 8,407 SY $ 4.53 $ 38,087.13 $ 8.00 $ 67,256.00 $ 18.00 $ 151,326.00 $ 20.00 $ 168,140.00
110 6002 EXCAVATION(CHANNEL) 977 CY $ 27.63 $ 26,991.41 $ 25.00 $ 24,425.00 $ 35.00 $ 34,195.00 $ 25.00 S 24,425.00
110 6003 EXCAVATION(SPECIAL) 2,276 CY $ 8.55 $ 19,454.73 $ 23.00 $ 52,348.00 $ 35.00 $ 79,660.00 $ 35.00 $ 79,660.00
162 6002 GRADING AND BLOCK SODDING 722 SY $ 10.81 $ 7,806.44 $ 7.00 $ 5,054.00 $ 7.50 $ 5,415.00 $ 9.00 $ 6,498.00
260 6002 LIME TREAT(HYDRATED LIME(SLURRY)) 347 TONS $ 515.94 $ 179,032.66 $ 474.00 $ 164,478.00 $ 500.00 $ 173,500.00 $ 450.00 $ 156,150.00
`360 6000 CONC PAV(JRCP)(8") 15,833 SY $ 75.17 $ 1,190,123.82 $ 70.00 $ 1,108,310.00 $ 62.00 $ 981,646.00 $ 130.00 $ 2,058,290.00
427 6006 SURFACE FINISHES FOR CONCRETE 238 SF $ 4.61 $ 1,097.05 $ 18.00 $ 4,284.00 $ 25.00 $ 5,950.00 $ 10.00 $ 2,380.00
446 6002 FIELD CLEANING AND PAINTING STEEL 218 SF $ 8.14 $ 1,773.54 $ 37.00 $ 8,066.00 $ 30.00 $ 6,540.00 $ 20.00 $ 4,360.00
479 6001 ADJUSTING MANHOLES 1 EA $ 173.38 $ 173.38 $ 2,500.00 $ 2,500.00 $ 3,500.00 $ 3,500.00 $ 500.00 $ 500.00
496 6007 REMOVE STRUCTURE(PIPE) 9 LF $ 29.49 $ 265.40 $ 500.00 $ 4,500.00 $ 10.00 $ 90.00 $ 100.00 $ 900.00
496 6023 REMOVE STRUCTURE(JUNCTION BOX&SURFACE INLET) 1 EA $ 438.78 $ 438.78 $ 2,110.00 $ 2,110.00 $ 1,200.00 $ 1,200.00 $ 3,000.00 $ 3,000.00
496 6030 REMOVE STRUCTURE(BOLLARD) 22 EA $ 72.54 $ 1,595.94 $ 94.00 $ 2,068.00 $ 450.00 $ 9,900.00 $ 250.00 $ 5,500.00
500 6001 MOBILIZATION 1 LS $ 60,809.69 $ 60,809.69 $ 90,000.00 $ 90,000.00 $ 103,597.00 $ 103,597.00 $ 90,000.00 $ 90,000.00
502 6001 BARRICADES,SIGNS,AND TRAFFIC HANDLING 6 MO $ 3,102.48 $ 18,614.86 $ 2,800.00 $ 16,800.00 $ 3,135.00 $ 18,810.00 $ 3,000.00 $ 18,000.00
550 6003 CHAIN LINK FENCE(REMOVE) 942 LF $ 10.02 $ 9,442.53 $ 9.00 $ 8,478.00 $ 13.25 $ 12,481.50 $ 10.00 $ 9,420.00
550 6009 CHAIN LINK FENCE(INSTALL) 968 LF $ 67.14 $ 64,988.52 $ 82.00 $ 79,376.00 $ 147.50 $ 142,780.00 $ 30.00 $ 29,040.00
618 6023 CONDUIT(PVC)(SCH 40)(2") 859 LF $ 5.21 $ 4,471.27 $ 24.00 $ 20,616.00 $ 6.00 $ 5,154.00 $ 15.00 $ 12,885.00
618 6070 CONDUIT(RIGID METAL)(2') 32 LF $ 31.92 $ 1,021.35 $ 84.00 $ 2,688.00 $ 10.00 $ 320.00 $ 50.00 $ 1,600.00
752 6015 TREE AND BRUSH REMOVAL 70 EA $ 98.48 $ 6,893.62 $ 384.00 $ 26,880.00 $ 350.00 $ 24,500.00 $ 800.00 $ 56,000.00
5067 6001 PRECAST CONC WHEELSTOP 69 EA $ 72.25 $ 4,985.22 $ 362.00 $ 24,978.00 $ 281.00 $ 19,389.00 $ 400.00 S 27,600.00
5084 6001 FIXED BOLLARD 56 EA $ 579.41 S 32,446.68 $ 645.00 $ 36,120.00 $ 1,100.00 $ 61,600.00 S 200.00 $ 11,200.00
9000 6001 REMOVE AND REINSTALL METAL COVERING(STRUCTURE) 1 LS $ 5,309.18 $ 5,309.18 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 $ 35,000.00 $ 35,000.00
9001 6001 SPEED CUSHIONS 60 EA $ 1,301.29 $ 78,077.69 $ 1,400.00 $ 84,000.00 $ 1,355.00 $ 81,300.00 $ 1,000.00 $ 60,000.00
BASE BID TOTAL $1,850,640.42 $2,039,944.00 $2,175,547.50 $3,020,208.00
Page 2 of 2
RESOLUTION NO.
WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials,
and equipment for the Fleet Management Parking Lot Reconstruction Phase II Project;
and,
WHEREAS, Elite Contractors & Equipment, LTD, of Kirbyville, Texas, submitted a
bid in the amount of$1,584,104.00; and,
WHEREAS, the City Council is of the opinion that the bid submitted by Structure
Guard, LLC, of Austin, Texas, is the lowest responsible bidder providing services at 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 Elite Contractors
& Equipment, LTD, of Kirbyville, Texas, in the amount of $1,584,104.00, for the Fleet
Management Parking Lot Reconstruction Phase II Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Elite Contractors & Equipment, LTD, of Kirbyville,
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 15th day of
February, 2022.
- Mayor Robin Mouton -
5
February 15,21)22
Consider authorizing the City Manager to award a contract to Gulf Coast, a CRH Company, of
Beaumont for the Spindletop Avenue Roadway and Drainage Rehabilitation Project
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: February 15, 2022
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
award a contract to Gulf Coast, a CRH Company, of Beaumont for
the Spindletop Avenue Roadway and Drainage Rehabilitation
Project.
BACKGROUND
The Spindletop Avenue Roadway and Drainage Rehabilitation Project consists of stabilizing
roadway base,resurfacing roadway pavement with Hot Mix Asphalt Concrete, removing and
replacing driveway culverts, and regrading and reshaping drainage ditches.
On February 3, 2022, three (3) bids were received for furnishingall labor, materials, and
equipment for the project. The Engineer's Estimate is $531,000.00. The bid totals are
indicated in the table below:
Contractor Location Base Bid Amount
Gulf Coast, a CRH Company Beaumont, TX $508,223.00
ALLCO, LLC Beaumont,TX $525,525.70
LD Construction Beaumont,TX $694,435.00
The Public Works Engineering staff recommends this project be awarded to the lowest bidder,
Gulf Coast, a CRH Company, in the amount of$508,223.00. A total of 124 calendar days are
allocated for completion of the project. On January 11, 2022, by Resolution No. 22-017, City
Council authorized an Interlocal Agreement with Jefferson County to reimburse the City for 50%
of the costs,not to exceed$265,000.00.
FUNDING SOURCE
Capital Program—Street Rehabilitation Program.
RECOMMENDATION
Approval of the resolution.
•
•
SPINDLETOP AVENUE ROADWAY AND DRAINAGE REHABILITATION PROJECT
' BID NUMBER:PW1222-04
BID OPENING DATE:THURSDAY,FEBRUARY 3,2022 �reowi.
The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. St?IE�F TEYgs lI
*. �- :*��
AMALIAVILLARREAL,P.E.j
Q, CC) 0S
•(1��FS.1./OENSEOG��i
By:AMALIA VILLARREAL,P.E.,CFM,CITY ENGINEER DATE %\%;�"Ea.•=
Gulf Coast,a CRII Company ALLCO,LLC LD Construction
Item No. Item Description • Estimated Quantity Unit Unit Price Total Unit Price Total Unit Price Total
Code
100 6001 PREP ROW(NOT TO EXCEED$300 PER STATION) 28 STA $ 295.00 $ 8,260.00 $ 300.00 $ 8,400.00 $300.00 $ 8,400.00
247 6001 FLEXBASEBASE(TYACOURSE )(GR2)(6")(COMP.IN PLACE)DRIVEWAY 348 SY $ 70.00 $ 24,360.00 $ 55.00 $ 19,140.00 $125.00 $ 43,500.00
275 6012 CEMENT TRT(MIX EXISTING MATERIAL)(10") 7,685 SY . $ 16,00 $ 122,960.00 $ 25.00 $ 192,125.00 $25.00 $ 192,125.00
340 6001 D-GRHMATY-D PG70-22(3.0")(MINIMUM 2 LIFTS) 1,256 TON $ 131.50 $ 165,164.00 $ 130.00.$ 163,280.00 $130.00 $ 163,280.00
' 400 6001 CEMENT STABIL BKFL(2.0 SK/CY SAND) 125 ' CY $ 122,50 $ 15,312.50 $ 120.00 $ 15,000.00 $225.00 $ 28,125.00
464 6001 RC PIPE(18") 321 LF $ 99.00 $ 31,779.00 $ 79.00 $ 25,359.00 $200.00 $ 64,200.00
496 6001 REMOVE STR(PIPE)(ALL SIZES)(ALL MATERIAL) 321 LF $ 21.00 $ 6,741.00 $ 15.00 $ 4,815.00 .$45.00 $ 14,445.00 -
500 6001' MOBILIZATION(NOT TO EXCEED 5%) 1 ' LS $ • 24,500.00 $ - 24,500.00 $ 26,000.00 $ 26,000.00 $29,000.00 $ 29,000.00
502 6001 BARRICADES,SIGNS&TRAFFIC HANDLING(NOT TO 4 MO $• 2,500.00 $ 10,000.00 $ 1,300.00 $ • 5,200.00 $5,000.00 $ 20,000.00
EXCEED$5,000 PER MONTH)
530 6011 INTERSECTIONS,DRIVEWAYS,AND TURNOUTS(ACP) 181 TON $ 248.00 $ 44,888.00 $ 175.00 $ 31,675.00 $350.00 $ 63,350.00
.560 6001 RELOCATE EXISTING MAILBOX - 15 EA $ 263.00 $ 3,945.00 $ 210.00 $ 3,150.00 $1,000.00 $ 15,000.00
666 - 6001 REFL PAV MRKTY I(YELLOW)(4")(SOLID)(100 MIL) 842 LF $ 3.50 $ 2,947.00 $ 135 $ 1,136.70 $2.50 $ 2,105.00
(NO SEALER REQUIRED)
666 "G002 REEL PAV MRK TY I(YELLOW)(4")(BROKEN)(100 MIL). 20 LF $ 4,75 $ 95.00 $ 1.65 $ 33,00 $3.00 $ • 60.00
(NO SEALER REQUIRED)
666 -6003 REFL PAV MRKTY I(WHITE)(4°)(SOLID)(100 MIL) 434 LF. $ 3,75 $ 1,627.50 $ 135 $ 585.90 $2.50 $ 1,085.00
(NO SEALER REQUIRED)
666 6004 REFL PAV MRKTY I(WHITE)(4")(DOTTED)(100 MIL) 10 LF $ 1.00 $ 10.00 $ 1.65 $ 16.50 $5.00 $ 50.00
(NO SEALER REQUIRED)
666 6005 �'PAV MRKTY I(WHITE)(80(SOLID)(100 MIL) 148 LF - $ 5.00 $ 740.00 $ 220 $ 325.60 $5.00 $ - 740.00(NO SEALER REQUIRED)
666 6006 REFL PAV MRKTY I(WHIPS)(24°)(SOLID)(100 MIL) 146 LF• $ 11.00 $ • 1,606.00 $ 6.00 $ 876.00 $85.00 $ 12,410.00
(NO SEALER REQUIRED)
668 6085 PREFAB PAV MRK TY C(WHITE)(18"YIELD TRIANGLE) 24 EA $ • 24.50 $ 588.00 $ 45.00 $ 1,080.00 . $100.00 $ .2,400.00
760 ' 6001 CLEANING AND RESHAPING DITCHES ' ' 3,416 LF $ 12.50 $ 42,700.00 $ 8.00 $ 27,328.00 $10.00 $ ' 34,160.00
• BASE BID TOTAL $ . 508,223.00 .$ 525,525.70 $ 694,435.00
RESOLUTION NO.
WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials,
and equipment for the Spindletop Avenue Roadway and Drainage Rehabilitation Project;
and,
WHEREAS, Gulf Coast, a CRH Company, of Beaumont, Texas, submitted a bid in
the amount of$508,223.00; and,
WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast,
a CRH Company, of Beaumont, Texas, is the lowest responsible bidder providing
services at 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 Gulf Coast, a
CRH Company, of Beaumont, Texas, in the amount of $508,223.00, for the Spindletop
Avenue Roadway and Drainage Rehabilitation Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Gulf Coast, a CRH Company, of Beaumont, 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 15th day of
February, 2022.
- Mayor Robin Mouton -
DISCUSSION ITEM
* Review and discuss requests from developers
for support of an affordable housing project
at 5945 College as well as a proposed project
at the southeast corner of North Major Drive
and Phelan Boulevard
BEAUMONT
TEXAS
Discussion Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: February 15, 2022
REQUESTED ACTION: Review and discuss requests from developers for support of an
affordable housing project at 5945 College as well as a proposed
project at the southeast corner of North Major.Drive and.Phelan
Boulevard.
BACKGROUND
Two developers are applying to the Texas Department of Housing and Community Affairs
(TDHCA) for Housing Tax Credits (HTC's) for the development of affordable housing.within
the city. In order to submit the application, TDHCA requires that the City Council acknowledge
and confirm that the City of Beaumont has more than twice the state average of units per capita
supported by Housing Tax Credits or Private Activity Bonds. In addition, the developers are
seeking additional support of their projects in order to achieve a better score for their project.
This could include a statement of support for a project as well as financial support in the form of
a$500 permit fee waiver. The two projects are:
• The Ranch at West Beaumont, a proposed one hundred thirty-two (132)unit family
housing development, located at 5945 College. The developer is Beaumont BFR, LP, a
subsidiary of ITEX of Houston.
• Pioneer Crossing for Seniors, a proposed seventy-two to eighty(72-80) unit senior
housing development, located at the southeast corner of North Major Dr. and Phelan
Blvd. The developer is Beaumont PC for Seniors, LLC/Betco of Austin.
The City Council could support one,both or neither project. If there is interest to move
forward, resolutions would be submitted for consideration at the City Council meeting on
February 22nd.