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HomeMy WebLinkAbout03/08/2022 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL.CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MARCH 8,2022 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 1-3 • 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 March 1, 2022 City Council Meeting Minutes B. Approve the appointment of Kevin Chase Engman as Assistant City Attorney III and setting his starting compensation C. Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the proposed McLean Street Project D. Authorize the Beaumont Convention and Visitors Bureau to apply for grant funds from the Jefferson County Tourism Commission for partial funding to construct a walking trail from the Tyrrell Park Nature &Visitor Center to the Cattail Marsh Wetlands REGULAR AGENDA 1. Consider amending the Collective Bargaining Agreement with Beaumont Firefighters' Local 399 related to pension contributions 2. Consider authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project 3. Consider approving a three-year contract with WorkQuest for litter removal along City rights -of-ways and other specified areas throughout the City DISCUSSION ITEM * Discuss plans for the City's 2022 Juneteenth Celebration 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 Minick at 880-3777. A BEAUMONT . ' TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC; City Clerk MEETING DATE: March 8, 2022 REQUESTED ACTION: Council consider approval of the March 1, 2022 City Council Meeting Minutes. BEAUMONT 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 MARCH 1, 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 March 1, 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 Agenda and Agenda item No. 4 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Edward Petty, Mount Rose Missionary Baptist 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. Absent: Kyle Hayes. Also, present Chris Boone, Planning and Zoning Director; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Proclamations, Presentation, Recognitions "American Red Cross Month"— March 2022 — Proclamation read by Mayor Mouton; accepted by Chester•Jourdan, Executive Director, American Red Cross of Southeast and Deep East Texas Public Comment: Persons may speak on the Consent Agenda and Agenda Item 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 22, 2022, City Council Meeting Minutes Minutes—March 1,2022 B. Approve the purchase of playground equipment for Sprott Park from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas = Resolution 22-066 C. Authorize the City Manager to execute Change Order No. 3 to the contract with Brystar Contracting, Inc., for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project - Resolution 22-067 D. Authorize the City Manager to execute Change Order No. 9 to the contract with McInnis Construction Inc. for Tyrrell Park Visitor Center parking lot improvements-Resolution 22-068 E. Authorize the City Manager to accept maintenance and authorize final payment to Structure Guard, LLC of Austin for the Lafin Drive at LNVA Canal Emergency Bridge Repairs.Project- Resolution 22-069 F. Authorize the settlement of the claim of Beaumont Greenery - Resolution 22-070 G. Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force - Resolution 22-071 Councilmember Getz moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a request to rezone a property from. NC (Neighborhood Commercial) and RM-H (Residential Multiple-Family.Dwelling—Highest Density)to GC-MD-2 (General Commercial— Multiple-Family Dwelling — 2) and a Specific Use Permit to allow a mini storage located at 6030 and 6040 Concord Road. Concord Mini Storage, L.L.C., would like to rezone the property located :at 6030/6040 Concord Road and is requesting a Specific Use Permit to allow a mini storage at this location. The property is currently split zoned NC (Neighborhood Commercial) and RM-H (Residential Multiple-Family Dwelling-Highest Density). The applicant states plans are to build 190 self- serve personal storage units. The property will be gated with a keypad entry. An office will be located onsite. The property will be accessible twenty-four(24) hours per day, seven (7)days per week. The property is located along Concord Road, a secondary arterial street and just east of the Dowlen Road intersection.. The property to the northwest is zoned GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) and properties to the south are also commercial. Although properties to the north and east are residential, GC-MD-2 matches the adjacent zoning and would provide a buffer as any change of use would require a new Specific Use Permit. Minutes—March 1,2022 For properties that are zoned GC-MD-2 and located adjacent to residential zoned properties, the side minimum setback requirement is twenty (20) feet, and the rear minimum setback requirement is fifteen (15)feet. The site plan shows buildings along the east property line are shown fifteen (15) feet from the property line and the building across the rear of the property is located ten (10) feet from the rear property line. A landscaped buffer, ten (10)feet wide, with trees, and an eight(8)foot tall wood or masonry screening fence is required along these same residential boundaries and will be located in the required setback. The landscaping buffer shown along the east property line meets requirements, but a buffer with trees will need to be extended across the rear of the property. One class A tree (large as in an oak) or two (2) Class B trees (small as in a crepe myrtle) must be placed every twenty-five linear feet in this buffer. Perimeter landscaping is required when parking areas are located adjacent to a street. Where power lines are present, a row of shrubs is required for the length of the parking area. Beaumont Fire has expressed some concern regarding access to the rear of the buildings but would like to review the layout further when construction plans are submitted. At a Joint Public Hearing held on February 21, 2022,the Planning Commission recommended 5:0 to approve the request to rezone a property from NC (Neighborhood Commercial) and RM-H (Residential Multiple-Family Dwelling - Highest Density) to GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) and a Specific Use Permit to allow a mini storage with the following conditions: 1. Adjust the location of buildings to meet minimum setback requirements. 2. Install landscaping to meet City Ordinance requirements. 3. Maintain or replace (as needed) the sidewalk along Concord Road. 4. Plans must be in compliance with Beaumont Fire codes. Approval of the ordinance with the following conditions: 1. Adjust the location of buildings to meet minimum setback requirements. 2. Install landscaping to meet City Ordinance requirements. 3. Maintain or replace (as needed) the sidewalk along Concord.Road. 4. Plans must be in compliance with Beaumont Fire codes. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC- MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 6030 AND 6040 CONCORD ROAD,WITH THE CONDITIONS, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD Minutes—March 1,2022 NAYS: NONE MOTION PASSED Ordinance 22-014 Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT.FOR PROPERTY LOCATED AT 6030 AND 6040 CONCORD ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the.motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 22-015. 2. Consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR- H (Residential Conservation Revitalization-Historic) District located at 2005 Broadway Street. Tanna LaFleur is requesting a Specific Use Permit to allow a healthcare training facility at 2005 Broadway Street. Students will be trained as nurse aids to provide care for the elderly. Hours of operation will be Monday—Friday, 9:00 a.m. to 9:30 p.m. Hands-on training will be conducted at a local nursing home. The parking lot for this property is paved across an existing alleyway. No parking should occur in the alleyway moreover, if and when the City's Public Works Department needs access to the alleyway, the approach will need to be moved to private property along 4th Street where City Engineering sees fit. At a Joint Public Hearing held on February 21, 2022, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a healthcare training facility in the RCR-H (Residential Conservation Revitalization-Historic) District with the following condition: 1. If and when Public Works needs access to the alleyway,the approach will need to be moved to enter on private property along 4th Street with location to be approved by City Engineering. Approval of the ordinance with the following condition: 1. If and when Public Works needs access to the alleyway,the approach will need to be moved to enter on private property along 4th Street with location to be approved by City Engineering. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEALTHCARE TRAINING FACILITY IN AN RCR-H (RESIDENTIAL Minutes—March 1,2022 CONSERVATION REVITALIZATION-HISTORIC)DISTRICT FOR PROPERTY LOCATED AT 2005 BROADWAY STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-016 3. Consider a request for a Specific Use Permit to allow an adult daycare in the RM- H (Residential Multiple-Family Dwelling-Highest Density) District located_at 1945 Sarah Street. Jalaina Martin is requesting a Specific Use Permit to allow an adult.daycare at 1945 Sarah Street. This property received permission and operated as an adult daycare from 1986 until around 2016, according to the Polk directory. From about 2017 to 2021, Suga Mama's Sweets occupied this location. Ms. Martin would like to reestablish this property as an adult daycare. Hours of operation will be 7 a.m.-6 p.m. Monday through Friday. Breakfast, lunch and snacks will be provided. The property has changed uses overtime and will need to be brought up to code with current City parking and ADA (Americans with Disabilities Act) requirements. If parking is expanded to meet City requirements, landscaping will need to.be updated to meet current City requirements as well. As this property is adjacent to residential properties on all sides, an eight (8) foot tall, wood or masonry fence will be required along the east, south and west property lines. In addition, as this property has not been an adult: daycare in several years, the Fire Department will need to inspect the property and all deficiencies must be corrected. Likewise, as food will be served, the property must meet all requirements of the City Water and Health Departments. . At a Joint Public Hearing held on February 21, 2022, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow an adult daycare in the RM-H (Residential Multiple-Family Dwelling-Highest Density) District with the following conditions: 1. Parking must be brought up to City andADA standards. 2. Landscaping must meet City requirements if the parking lot is expanded and screening is required along the east; south and west property lines. 3. This property must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or F.O.G. program. 4. Property must be brought into compliance with City Fire Department. Approval of the ordinance with the following conditions: 1. Parking must be brought up to City and ADA standards. . 2. Landscaping must meet City requirements if the parking lot is expanded and Minutes—March 1,2022 screening is required along the east, south and west property lines. 3. This property must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or F.O.G. program. 4. Property must be brought into compliance with City Fire Department. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ADULT DAYCARE FACILITY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1945 SARAH STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-017 4. Consider approving a three-year contract with WorkQuest for grounds maintenance and litter removal in the Central Business District and other specified areas throughout the City. WorkQuest(formerly Texas Industries for the Blind and Handicapped {TIBH}) utilizes:private not-for-profit Community Rehabilitation Programs(CRP),under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont, will be providing the services to the city on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services to the city for the past twenty-five (25) years. Grounds maintenance services include mowing, edging, sweeping and litter removal for the Central Business District and other specified areas throughout the city. Under the current agreement for the Central Business District, the cost to the city is a total. annual estimated cost of $169,754.40 for FY 21. The new proposed annual cost of $175,651.68 provides for an approximate 4% increase. Services for heavy cleanups will have no increase, maintaining the $29.50 per hour rate with a 4-hour:minimum. There is no increase in price allowed for the term of the contract. Pricing covers all material, labor, and equipment for BPS to provide this service to the city. . Funds will come from the General Fund. Approval of resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A THREE(3)YEAR AGREEMENT WITH WORKQUEST FOR THE PURPOSE OF GROUNDS MAINTENANCE AND LITTER REMOVAL SERVICES IN THE CENTRAL BUSINESS DISTRICT AND OTHER SPECIFIED AREAS THROUGHOUT THE CITY IN THE ESTIMATED ANNUAL AMOUNT OF Minutes—March 1,2022 $175,651.68, AND THAT THE CITY MANAGER BE.AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH WORKQUEST. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO,GETZ, TURNER AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED Resolution 22-072 COMMENTS Public Comments (Persons are limited to three minutes) Addle Allen 9695 Gross St. Beaumont TX Commented on some issues that she's expressed to Council previously and hasn't seen any resolve, asked about a system that would alarm citizens of bad weather in the City or the County, was told that such a system was too expensive, in October her neighborhood in Amelia there was some roof damage as well as other kinds of damage, not sure if it got any press coverage, knows that Orange did because the tornado went through that city, stated she's still working with the insurance company to try and get her roof done, if that alarm system would have been in place and with them being a mile and a half from ExxonMobil that would have alerted them that something was coming, asked that the City consider the system again, knows that It's in the Dallas/Fort Worth area, stated that back in the summer she asked for a water report, showed Council what she received but would like to also get a copy of the TCEQ report if citizens are privy to that information from the City of Beaumont, she still has sediments coming in her water, thanked Council for their service Airon Reynolds, Jr. 6945 Salida Ln. Beaumont TX Stated that he's coming before Council once again seeking a resolve for Stacy Lewis, one of the things that he's excited about today is that he's glad to see Chris Boone seated where he is, Stacy Lewis was forced into retirement and believes that Council can make the difference, asked that they get this resolved Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - REMINDED EVERYONE TO GET OUT AND EXERCISE THEIR RIGHT TO VOTE, POLLS ARE OPEN UNTIL 7:00 P.M. MAYOR PRO TEM SAMUEL- ECHOED COUNCILMEMBER NEILD,ASKED THAT EVERYONE GET OUT AND VOTE Minutes—March 1,2022 COUNCILMEMBER FELDSCHAU - IN LIGHT OF.THE UKRAINE SITUATION AND THE ASSAULT ON - DEMOCRACY, PLEASE TAKE THE FREEDOM .THAT WE HAVE SERIOUSLY AND GO OUT AND VOTE, PLEASE BE IN PRAYER FOR THE UKRAINIANS AND EVERYTHING THAT THEY ARE GOING THROUGH COUNCILMEMBER TURNER- ASKED IF HE COULD GET A SECOND FROM ANOTHER COUNCILMEMBER TO DO A WORKSHOP ON THE DIFFERENT . BOARDS AND APPOINTMENTS THAT COUNCILMEMBERS ARE RESPONSIBLE FOR, STATED .THAT SOME OF THE BOARD MEMBERSTHAT HE'S APPOINTED TO CERTAIN BOARDS HAVEN'T HAD A MEETING, WOULD LIKE TO SEE IF THERE COULD BE DISCUSSIONS AS TO WHERE THE CITY IS WITH BOARDS AND• APPOINTMENTS AND WANTS ACCURATE INFORMATION TO GIVE HIS APPOINTEES, ALSO WANTED TO KNOW.IF THE CITY CAN ISSUE A CITATION TO THE RAILROADS FOR.NOT MAINTAINING THEIR EASEMENTS AND RIGHTS-OF-WAY,WOULD ALSO LIKE AN UPDATE ON THE CURRENT TRANSIT CONTRACT COUNCILMEMBER GETZ- • STATED TO COUNCILMEMBER TURNER THAT HE WOULD SECOND HAVING A WORKSHOP REGARDING BOARDS AND APPOINTMENTS, HE SHARES HIS CONCERNS AS WELL, STATED. THAT SOME OF THE BOARDS AREN'T MEETING, SOME BOARDS ARE MEETING AND THE MEETINGS ARE BEING RUN BY STAFF BECAUSE THE CHAIRMAN'S-AREN'T SHOWING UP,THEY NEED TO GET A HANDLE ON THAT, STATED THAT THERE'S.A BATTLE GOING ON IN UKRAINE, IT'S THE SAME KIND OF THING THAT WE SAW IN,EUROPE THAT LED TO WORLD WAR II, CIVILIANS ARE BEING KILLED, NEIGHBORHOODS• ARE _ BEING BOMBED, GOVERNMENT BUILDINGS ARE BEING DESTROYED, COMMUNICATION_ CENTERS ARE BEING TARGETED, IT IS UNBELIEVABLY BAD,ASKED THAT EVERYONE ENCOURAGE OUR FEDERAL GOVERNMENT TO PROVIDE AS MUCH AIDE AND SUPPORT AS WE CAN TO THE UKRAINIANS AND PRAY FORTHEIR SAFETY COUNCILMEMBER DURIO - THANKED EVERYONE FOR PHONE CALLS, TEXT MESSAGES, CARDS AND ATTENDING HIS MOTHER'S FUNERAL,THANKED THE MAYOR FOR •HER LETTER, CONGRATULATED INTERIM CITY MANAGER, CHRIS BOONE WHO IS SITTING NEXT TO HIM, LOOKING FORWARD TO WORKING WITH HIM CITY ATTORNEY REED- NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - STATED THAT MARDI GRAS IS OVER AS OF SUNDAY, IT WAS A GREAT TURNOUT, DESPITE THE RAIN AND COLD, AS YOU CAN SEE ALL OF THE STREETS ARE CLEAN,THANKED STAFF FOR THE GREAT JOB THEY DO, ALSO.THERE WERE NO ACCIDENTS, Minutes—March 1,2022 ENCOURAGED EVERYONE TO GET OUT AND VOTE, POLLS ARE OPEN UNTIL 7:00 P.M., TASTE OF THE TRIANGLE WILL BE ON TONIGHT AT THE BEAUMONT CIVIC CENTER, IT OPENS AT 5:30 P.M.,ALSO ON SATURDAY, MARCH 5,2022, "SOUL PURPOSE STAGE PLAY"WILL BE PLAYING AT THE JEFFERSON THEATRE, STARTING AT 7:30 P.M., TICKETS CAN BE PURCHASED AT JEFFERSON THEATRE,ASKED THAT EVERYONE PRAY FOR THE UKRAINIANS, THANKED KIMBERLY RUSELY AND CHANNEL 6 NEWS FOR THE INTERVIEW THAT.WAS DONE WITH HER DURING BLACK HISTORY MONTH,ALSO ON LAST NIGHT THERE WAS A POD CAST THAT KIMBERLY DID WITH HERSELF,DAVID WILLARD AND TROY MARSAW, KIMBERLY ALSO SPOKE ABOUT THE FIRST AFRICAN AMERICAN MAYOR OF ORANGE,TEXAS, MRS. ESSIE BELLFIELD Open session of meeting recessed at 2:06 p.m. EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease, or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically, land owned by the City of Beaumont south of West Cardinal Drive and east of IH-10, more specifically the approximate 2,049.36-acre tract of C. Hillebrandt, ABS 28, Tract 10, Jefferson County, Texas. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—March 1,2022 B BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: March 8, 2022 REQUESTED ACTION: Council consider a resolution approving the appointment of Kevin Chase Engman as Assistant City Attorney III and setting his starting compensation. BACKGROUND Under the Charter, the City Attorney may appoint her assistants with the approval of the City Council at such compensation as set by the Council. There have been vacancies created in the department by the resignation of Assistant City Attorney, Courtney Davis, and the promotion of the First Assistant City Attorney. Mr. Engman is very qualified for the position. The City attorney recommends that the appointment of Kevin Chase Engman as Assistant City Attorney III for the City of Beaumont be approved at a starting salary of$83,000 together with all other benefits of a civilian employee. FUNDING SOURCE The amount necessary to pay the salary and benefits of the position are available in the City Attorney's budget. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Kevin Chase Engman as Assistant City Attorney III for the City of Beaumont be and the same is hereby approved and his initial salary is established at $83,000.00 annually together with all other benefits and terms and conditions of civilian employment as established by policy and budget 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 8th day of March, 2022. - Mayor Robin Mouton - c BEAUMONT • TEXAS . . TO: City Council FROM: Kyle Hayes, City Manager_ PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed McLean Street Project. BACKGROUND The City.of Beaumont and DD6 are working together to make improvements to the City's drainage infrastructure in the subdivision known as Gulf Terrace. The subdivision is bounded by Phelan Boulevard on the north, Major Drive on the east, US Hwy 90 on the south, and Keith Road on the west. DD6 will purchase and provide labor and equipment to install the culverts as per City approved plans for drainage improvements and will provide material, labor and equipment to install and adjust water and sewer lines as per the City approved plans. DD6 will reimburse for 100% of the costs, not to exceed $10,000.00, related to the City's commitment to supply all of the concrete and reinforcement materials. DD6 will reimburse for 100% of the costs,not to exceed $100,000.00,related to the City's commitment to make the necessary disconnections and connections to water lines. Following the completion of the installation of all drainage improvements, DD6 will reimburse for 100% of the costs, not to exceed$300,000.00, related to the roadway rehabilitation for the roadways disturbed during construction. This roadway,rehabilitation work will be included as a part of the City's Street Rehabilitation program in a project to be bid at a later date. 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 Interlocal Agreement between the City of Beaumont and Jefferson County Drainage District No. 6 for drainage infrastructure improvements for the proposed McLean Street Project in an amount not to exceed $410,000.00. The Interlocal 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 8th day of March, 2022. - Mayor Robin Mouton - INTERLOCAL AGREEMENT FOR THE MCLEAN ST. PROJECT UTILITIES ADJUSTMENTS Between JEFFERSON COUNTY DRAINAGE DISTRICT NO..6 and THE CITY OF BEAUMONT STATE OF TEXAS § COUNTY OF JEFFERSON §. This Agreement is entered into between the Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called"DISTRICT") and the City of Beaumont, a home rule city of the State of Texas (hereinafter called "CITY") under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code... WHEREAS, the DISTRICT and the CITY are working together to make improvements to the drainage infrastructure in Beaumont, Jefferson County, Texas, in the subdivision known as Gulf Terrace, under City streets; WHEREAS,the DISTRICT is installing culverts in the subdivision which is bounded by Phelan Blvd. on the north,Major Dr. on the east, U.S.Highway 90 on the south and Keith Rd. on the west; WHEREAS, the CITY owns and maintains the afore-mentioned streets, and the DISTRICT and the CITY are desirous of reciting in writing, certain duties and obligations between the parties hereto with regards to this McLean Street project; THEREFORE,the DISTRICT and the CITY agree as follows: . Page 1 EXHIBIT "A" WITNESSETH 1. The DISTRICT will purchase and provide labor and equipment to install the culverts across Phelan Boulevard. The DISTRICT will bring the top base material up to the bottom of concrete road section. The DISTRICT agrees to reimburse the CITY for (100%) of their costs, in an estimated amount not to exceed $10,000, related to the CITY's commitment to supply all, of the concrete and reinforcement materials. The CITY will provide the labor and equipment required to restore Phelan Boulevard._The CITY will not be reimbursed for this task. The DISTRICT will be responsible for road closure and traffic control until the drainage work is complete and the construction site is ready to be turned over to the CITY to restore the roadway. The CITY will then be responsible for road closure and traffic control during the construction period to restore the concrete pavement. 2. The DISTRICT and the CITY will work together on the utility adjustments along and across Shepherd Drive, Broun Street, Calhoun Avenue, McLean Street, Josey Street, and Gardner.Street. The DISTRICT will :purchase materials and provide the labor and equipment to install/adjust/abandon water and sewer lines as per the CITY-approved plans. The DISTRICT agrees to reimburse the CITY for (100%) of their costs, in an estimated . amount not to exceed $100,000 related to the CITY's commitment to make the necessary disconnections/connections to water lines providing for the culvert installations. 3. The DISTRICT will purchase and provide the labor and equipment necessary for the installation of the culverts along/across Shepherd Drive, Broun Street, Calhoun Avenue, McLean Street, Josey Street, and Gardner Street as per CITY-approved plans for drainage improvements. The DISTRICT, following the completion of the installation of all drainage improvements, agrees to reimburse the CITY for (100%) of their costs,in an estimated amount not to exceed $300,000, related to the CITY's commitment to purchase materials Page 2 and provide all labor and equipment necessary to remix and compact the road base, and place two inches of HMAC. 4. On a monthly basis or greater, at its convenience, the CITY will invoice the DISTRICT for one hundred (100%) of the costs to date. The invoice must be itemized by individual street and will include all back-up documentation that justifies the invoice amount, such as material invoices, equipment use cost,labor cost, and contractor invoices. If a contractor is used, documentation must be provided to the DISTRICT to prove the contractor was hired using a fair method to solicit the bid(s) and the lowest bidder or bidder to the best interest of the DISTRICT was hired. All contractors must be checked for disbarment and proof of the verification must be provided. The DISTRICT will then reimburse the CITY for one.hundred.(100%) of the total costs invoiced up to the estimated not to exceed amount. All documentation for expenses must be in a format accepted by the Texas Water Development Board (TWDB) as the administrator of this grant for FEMA. 5. The DISTRICT will access the project site from Todd Street west of the abandoned McLean Street right-of-way. Page 3 JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 WITNESS OUR HANDS effective this day of ,2022. Joshua W. Allen, Sr. Board President Jefferson County Drainage District No. 6 ATTEST: By: Printed Name: Title: CITY OF BEAUMONT WITNESS OUR HANDS effective this day of , 2022. By: Printed Name: Title: ATTEST: By: Printed Name: Title: Page 4 D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dean Conwell,Executive Director Convention and Visitors Bureau MEETING DATE: March 8, 2022 REQUESTED ACTION: Council consider authorizing the Beaumont Convention and Visitors Bureau to apply for grant funds from the Jefferson County Tourism Commission for$45,000 for partial funding to construct a walking trail from the Tyrrell Park Nature &Visitor Center to the Cattail Marsh Wetlands. BACKGROUND The Beaumont Convention and Visitors Bureau would apply for grant funds from the Jefferson County Tourism Commission for$45,000 towards the cost of materials and installation of a walking trail that leads from the Tyrrell Park Nature &Visitor Center to the Cattail.Marsh Wetlands.:If the grant is approved,the City Council will consider, in the future, a walking trail project estimated at$98,000 depending on the scope selected and the bids received.. Additional information is attached for your review. FUNDING SOURCE Grant funds and the Hotel Occupancy Tax Fund. RECOMMENDATION Administration recommends approval. Revised 1-13-2022 APPLICATION FOR USE OF JEFFERSON COUNTY HOTEL OCCUPANCY TAX FUNDS FOR BEACH/PARK ON WATERWAY FUNDING Thank you for your interest in promoting tourism and the hotel industry in Jefferson County through the utilization of county Hotel Occupancy Tax(HOT)funds. The use of HOT funds is regulated by law(Tax Code 352.1033),which limits the use of those funds for the direct enhancement and promotion of tourism AND the convention and hotel industry. In addition,the project must fit into one of the categories listed under section I, subsection B. The following information will be used to determine eligibility I. CRITERIA A. General Information 1. Name of Organization City of Beaumont Convention and Visitors Bureau 2. Total Amount of Funds Requested by this Grant $45,000 3. Year and months in which funds will be used: October 2022 4. Completion date of project December 2022 B. Categories:(Choose one that best describes project) 1. Clean public beaches X 2. Acquire,furnish or maintain facilities,including parks,which enhance public access to beaches. 3. Provide and maintain public restrooms on or adjacent to beach and beach access facilities. 4. Create,renovate,promote,and maintain parks adjacent to bays,rivers, and other navigable waterways if the county does not operate a public beach on the Gulf of Mexico Revised 1-13-2022 Revised 1-13-2022 • II. FUNDING RECAP 1. Total current operating budget for beach/park on a waterway meeting . the above criteria: $270,000 • • 2. Other sources being applied to for funding this beach/park on a water way including amounts: Convention and visitors Bureau will pay over 50%of funding for trail, and will also be paying for the the landscaping and pollinator plants that will be planted adjacent to the trail.The CVB has already spent $12,000 to survey the land and build construction plans for the trail. 3. Provide a specific Iine item description and amount of exact use of funds being requested. Total should match amount being requested. Back up documentation such as bids must be attached. (If more space is needed,please use attachments.) • Amount Line Item 45,000 building, materials,tools, equipment to build trail $45,000 TOTAL(Must match amount requested on front page) • Revised 1-13-2022 2 .. • Revised 1-13-2022 III. MARKETING PLANS • A. What type of events/activities is held at the beach/park on a waterway in question which attracts visitors from outside 75 miles of Jefferson County? Educational workshops, Saturday explorer days,yoga, free binocular rentals kids/adults,free disk golf rentals, and pollinator.planting days B. Are there current or planned marketing efforts in place to promote the beach/park on the waterway in question.to visitors from outside 75 miles • of Jefferson County? Please explain,in detail. Billboard to Cattail Marsh off the Interstate; over$60,000 a year in Beaumont CVB budget spent on advertising for Cattail Marsh and Tyrrell Park in print and digital ads. • The'nature.trail will connect the Nature Center.to Cattail Marsh'Wetlands. • By signing this application,I,individually and on behalf of my organization,represent and agree that: 1. - I have full authority to execute this application on behalf Of myself,group, and organization; 2. Any funds allocated out'of Hotel Occupancy Tax monies will be used solely in the manner set forth in the.award letter; 3. I as a representative and my organization will,within 60.days following the date of my/our project/event,provide a complete and detailed accounting to. the Jefferson County Tourism Commission,do Kathi Hughes, in such form as may be provided/requested; 4: Failure to provide the report within 60 days and/or to use the allocated monies _solely for the purposes for which such funds were awarded shall render me- and my group/organization liable for reimbursement to Jefferson County of all such funds,plus reasonable court costs and attorney fees. 5. .Please submit a W-9 form with application. - I Revised 1-I3-2022 3 Revised 1-13-2022 Date 3/2/2022 • Name of Organization Representative Completing-Form - Dean Conwell Signature Title Executive Direct Phone Number 409-880-3749 Federal Tax ID 74-6000278 Address City of Beaumont Convention &Visitors Bureau :505 Willow Street E-mail ..Dean.Conwell@beaumonttexag.gov W-9 Attached Return Form to: Ben J. Rogers Regional Visitors Center • Attn: Kathi Weathington Hughes 5055 IH-10 South Beaumont,Texas 77705 • Should you have any application questions or problems with the online forms,please contact Kathi Hughes for assistance at 409-842-0500 or 1-866-432-8951. SPECIAL NOTE: Grants of hotel occupancy tax revenues may statutorily be used only • for the promotion of tourism. Expenditure of funds for:unauthorized purposes may result in recapture and/or enter into funding decisions in future funding cycles. • • • • • • Revised 1-13-2022 4 • Form Wig Request for Taxpayer Give Form to the(Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service I>Go to www.irs.gov/FormW9 for instructions and the latest information. I Name(as shown on your Income tax return).Name Is required on this line;do not leave this line blank. CITY OF BEAUMONT 2 Business name/disregarded entity name,If different from above y 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1.Check only one of the 4 Exemptions(codes apply only to o following seven boxes. certain entities,not Individuals;see a Instructions on page 3): o ❑ IndividueVsole proprietor or 0 C Corporation ❑S Corporation 0 Partnership ❑TrusVestate el 2 single-member LLC Exempt payee code(if arty) to ❑ Limited liability company.Enter the tax classification(C=0 corporation.S=S corporation,P=Partnership)D `o g Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC If the LLC is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC Is code(arm a u another LLC that Is not disregarded from the owner-for U.S.federal tax purposes.Otherwise,a single-member LW that ( y) •is disregarded from the owner should check the appropriate box for the tax classification of Its owner. • iE U oppo,to accountsma'alaWed outside the U.S) � ❑ Other(see MUNICIPALITY to 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional 8010 MAIN STREET PO BOX 3827 6 City,slate,and ZIP code "' BEAUMONT,TX 77704 7 List account number(s)here(optional Part I Taxpayer Identification Number(TIN) Enter your.TIN In the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number I backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — — entities,It is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or , Note:If the account is In more than one name,see the Instructions for line 1.Also see What Name and Employer Identification number. :. Number To Give the Requester for guidelines on whose number to enter. 7 4 — 6 0 0 0 2 7: 8 • Part II Certification Under penalties of perjury,I certify that:. : 1.The number shown on this form is my correct taxpayer Identification number(or I am walling for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that am subject to backup withholding as a result of a failure to report ail Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting Is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2`does not apply.For mortgage interest paid, acquisition or abandonment-of secured property,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,you are not required to sign the certific Lion,but you must provide your correct TIN.See the instructions for Part II,later. Sign signature of Here U.S.person► r Date► General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual i funds) 1 Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of Income,prizes,awards,or gross noted. proceeds) Future developments.For the latest Information about developments a Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its Instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. .Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual.or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), - Information return with the IRS must obtain your correct taxpayer 1098-T(tuition) Identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number()TIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an Information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018)- , .r-il..1..r • •-• '\ ..,'---,b- 1 ---,-`-A•z, .,, • s.'�;'3,7 jrtE- /N"` sue`- j }i + • ^r} ca u 1 l�l� J! ` 1 -.14111P - i.6 c. d' / a' Y.i'm r 7' fO+ .AA �'r.•oo-'r�'.'='�� . - �(��\` , �s l nj` T 1rN yrr / •1 g '1Ir J` /r' III �\+ \ `*i ^, may., �,_„ +�a,• e'_ice-,�_ off. . r E l` •F w.— •41r.. • ? .�F J? } t / I rn ..r /a C . -�-r .mace L r ,, ;* iE , ra51.2. A'' 9 ..A i 'i t P. 4T 4T ?...:D _t e..'p - p/�"rrw `',• A'i:� AID: - } al.,p-:o 2C,f ._s. _.-. ---.- # J _ _ 'yam _ -' __ '�'d ... OW,'rnnilitS rnoi va.t-ofn• 5737 Donon Dnw SITE.PLAN 5e45 r'"too' 11 PoriM6w.Tow77G•{4 •I•.aP-: 'raw,ramoo-m-a' •.Td•109.993f:W4 omm0+on.a, ]f• x1 AT7AA,ARN 7• • eMClea W... • v�0)� �Ci :$' P 4�: sus NNe9+ID an AI {{ +oo�..o!>or,mm aaee sAac.ziwAuus'caivE .. e1L�.,e„•'•'.,�,,,,,,� OCAUYONT_7X 77705 - - - C4c. , . . . . . . . . wswg.*1 B EA UM 0 NTH CONVENTION&VISITORS BUREAU CONSTRUCTION PLANS . CAPITAL MARSH TRAIL �M"� L� ‘1-110-10111 LENGTH: 1 ,724 ft; (0.326 mi.) O. _ AVNI0 mlA9dL IL 400-16.013 OCRMSO 5U T_m,I.mIT CAS1�m IMM,w TYRRELL PARK .0.m0_7113 SHEET DESCRIPTION ..,aTANIMA.CMIO .. BEAUMONT, TEXAS0.1.1C11 T COVER Pam.. 2 GENERAL NOTES "OM w- SEPTEMBER 2021 S TOPOGRAPHIC SURVEY noon.(IMAM - .. 4 STE PLAN M® , 0 DETAOS 11I11 oc CMS rol UN IT 1"CA1C VII pi -41114lattiqr . t ..,,401,14 p . . . oe._ .. A . if ik. . INTERIM REVIEW ONLY V Co.4r CITY OF BEAMONT APPROVAL `T° Ta° Ggh•a.E1GRf r2CLLI. r I.L S.rlm ND ifeD.f, BY: DIRECTOR OF PUBLIC WORKS WHO-2E_2021 • BEAUMONT CONVENTION &VISITORS BUREAU APPROVAL •c sTsrn�;e�n,.1 • J'• ." ®T PeAMhu..Tom77842 ToL900.053.2004 Bw ,1\ SURVEYORS&ENGINEERS Po..90B.003.2005 . ,EXECUTIVE DIRECTOR • f T.O.P.C.met um•Tus ma nma3 ••uronurvaTenmm PROJECT N0.21-0036 start 1 '1 • • • • Samara. UdIIty Notoa .. - 1. 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I. - 7nnm71.401.4• -wetwpw0Gp.roe NAMPO.000 S . ere-7owte - • I • a *5200 00075 0..LIM..I 01 GO Mar Meealaam - - Y (IC WOW..KW AeaM.Ise mwT) a00-0C-.4 ' I. • • Aar ..CC aamACNN • INTERIM REVIEW ONLY f vow Atmm oa n) .n u.717 Doewaa7 Nnaincm NOT MD= L .. M tl'J-7a9D : FOR PERMIT OR CrONSTRUCRI314 MORT µ. •.. • • DO"JOON J.YRD.DL nos mad 4p-NFL. a PL Seal Na.118641 Vo9 • t a0:7w umrtt mom mlore.rt:e. - � - • • 0.te0-36-3031 �{ .• .. :7U0:r'WTLK KW.Non 31-03m { 3737 Doom..Dd. GENERAL NOTES • wan 1•-top, ]' - K'mow°S0= PpdArthur.Td:mT762 MUTOAmP-a n vRnarcc aunt on EA �i-�'\ 7ot�09.993.2004 anyL uA z9N TRA L O cACJ 0n A.Pa.90).9aT.2005 TMRQL PARK SIJItVLYORS FNG[NfEIiS .opta.m oboe sum 0086 BABE zAXARIAS Dan "°"P0ID°"'r . _ - -4 roc me ec m .tAL\rut awn®' BEAUMONT TX 77703 C2 —w.� /, N • 'arc R,a ... 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Ca®uot7 Pmrt RR: o S— n.on wo .545,0do-e i o-.ego. xuNrrr°N0 ;arcs sliRRY rnTx ,PROW.No..a-omr I ��.� .�.,2..... rs.A =......ww�.o . 3737 Doctors Dew :ute.•-IOC! tm••........,,.N..N..n,.r.a 266 1/: ' ..=�.�:.:o: �x ��U�'J.C Po tAn6...Towns7tGh2 TOPOGRAPHIC smv[r .a,a,�� r PAIN or:u ..=1"....,,.. / 7°L4Og.fl83.2004 PF r tKSaD errs AM SURVEYORS rf ENGINEERS Pax 409.985.2005' MY eEAuuoRr OPIUM*m:aK 3 '� f �., tattanurwnloac 7YRRELL PARK ROAD ! ,dr,a.aae..a.A. %SLm1.1.•Mt.•..NfYm 6EAlNWr.TEXAS rrr05 C3 i ® 4® O ''.40 roe," yo \\\ Z • /• • O y • 0. •• r � 4d a • •• P. N\NN ./7 r /�.... , ccom _. / a MOW°earn 7 jCo �.NC norxxr OO IICIA . /.. . 6 fl b rwoRC 1 \\C:\ cw ISO Mt • t= O Q.row os au lea a. \ -iv N. . %�' 3 ::�.:: INTERIM REVIEW ONLY 1 ... ozw o+CNrt=Nor oOO� I MR►OtI TOR CCIGOO1C11O1` ►L w1 • tleko-35.:021 • R ,aloa nu %IOJ.MO 31.000r I _ 37ST Outran Ddw SITE PLAN SOLD I..tar /.r' ®T PortMhor,TowT1Wo raaroAtco-aa t TCL409.983.2004 - CATTAIL MARSH IRAS. muO11 OR CA • '`I. TYRaELL PAM D¢CATO OR y �' SURVEYORS U ENGINEERS ..t......Nm... COeL DADE ZAHARIAS DRIVE Oro'n i . r...0 nee ron um F.MOO) DEAIIMONT T%T77D5 C4 i+ °..-,1014919161 1 it; i S ecialiI i p lin Building Restoration g Physical Address: i ( j I t?I Mailing Address: 240 South Main St.Suite#2 y 1 P.O.Drawer 968 Vidor,TX 77662 'f I ` '� j�. Vidor,TX 77670-0968 Ph#409-769-0459 Toll free:1-866-251-0234 Fax#409-769-1682 Email: mwaterproofing@aol.com February 23,2022 Attn: Christina Lokey RE: Tyrrell Park-Walking Trail Our recommendations and specifications are based on the information received from your engineer or representative. We will furnish at the above building,all labor, materials, tools, equipment,supervision,Workmen's Compensation,Public Liability and Property Damage Insurance necessary to complete in a thoroughly workmanlike manner all the work described below: Scope of Work: To install and form a walking trail with concrete that is five feet wide. BLUE Option-$89,500.00 ORANGE Option-$88,000.00 Alternate-Eight feet wide option BLUE option-$98,000.00 ORANGE-$96,000.00 Y 4� �� + tr-sue 4 -wr1, y '?•'.1 - t Na Cs..'• 'n. 'ti 9 :•��F:r'� "< • ` r ire tit- ry(" �'-ice'`+ 7., 4�xs.n t - SKiy i �!r r t'* '+n.'r:•' :�R, .�i`h} - ,rv.�i''^^.r.; f9 4, +;yy i t11�+ is �� �b i •RRYr'„ 7 StZ • s y rt .: •``-• � 1'��I I t`ts��g1 l t' �+ ,4 6 S`�diA',,.,a'S�i'w `` f v'flVt�; t,rc dam, �..t,c'? • . y�tEr, I }((� �'!o K I dam• l,Fib,\ 1�� y[ `emu ``• "ii -' . & 1,Ie 1 (�'r rt l t} t,l' t. 1 `F`b `l,� t`.' y • „3H II(. i"tH�it 1 rrli y 1 e t��ti �� � ti Ill t "'• ,t \\ '$AY nt..y + 1 ,III , }a`i n, t ., i t( 4 J 1"��C,Y.• ,,,4 -.. V., i A�'���1L� R 1`��,- 1.zs. *+1 - L • za11'4�1 t d.i 17 i1'1,'1�,`1 ;i _ '4� � .2414,4 •�7jt'71 I 275 � 5 Ffi Respectfully Submitted, raw Mar v President Marsh Waterproofing,Inc. Acceptance Signature&Date: NOTES—THIS PROPOSAL IS ONLY VALID FOR 90 DAYS • If needed, Owner to furnish two (2) 110-volt amp outlets and one(1)220 volt 50-amp single phase outlet and connect contractors power cord as supplied by contractor. • If needed, Owner to furnish cold water at spigot in work area. • If needed, Owner will cooperate with contractor in moving cars, etc.to minimize the risk of overspray. • This proposal does not include any asbestos removal,encapsulation,or disposal of the same. • We are not responsible for the relocation or covering of any product or production areas that could get damaged by dust,dirt, falling deck or water during the project. • If needed,Owner will furnish interior and exterior storage area,parking space for trucks and storage trailers. • If needed, Owner to move all non-permanently mounted items away from surfaces to be treated. • If needed, Owner to cut back any existing landscaping a minimum of two feet away from the building prior to work commencing if needed. ■ The scope of work under this contract expressly does NOT include investigation, detection, abatement,replacement,removal or detoxification of and Hazardous Environmental Condition. ■ "Hazardous Environmental Condition"means any type or form of asbestos, lead or fungus, including mildew,mold,rot,rust,mycotoxins, spores,scents or byproducts produced or released by fungi. ■ Our quote is based on the fact that this specification meets your insurance company approval and local code approval. RESOLUTION NO. BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and accept grant funds from the Jefferson County Tourism Commission (JCTC) Grants Program in an amount up to $45,000.00 for partial payment of construction of a walking trail from Tyrrell Park Nature & Visitor Center to Cattail Marsh Wetlands. 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 8th day of March, 2022. - Mayor Robin Mouton - 1 March 8,2022 Consider amending the Collective Bargaining Agreement with Beaumont Firefighters' Local 399 related to pension contributions BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City.Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 8, 2022 REQUESTED ACTION: Council consider a resolution amending the Collective Bargaining Agreement(CBA)with Beaumont Firefighters' Local 399 related to pension contributions. BACKGROUND On January 11, 2022, City Council held a special meeting to discuss the funding status of the pension plan for the Beaumont firefighters. A firm named GRS performed an actuarial study of the plan and determined that the current plan design was not sufficient to fully fund the plan within 30 years as required by State statute. GRS noted that changes in mortality tables and actual investment earnings less than the assumed rate of returns have contributed to the need of a plan design modification. Currently,the City contributes 16.5% of each employee's salary to the plan while the employees contribute 17.25%. The current CBA calls for the following City and employee contribution increases: - City will increase contributions to 17.25%beginning October 1, 2022 - City will increase contributions to 18%beginning October 1, 2023 -Employees will increase contributions to 18%beginning October 1, 2022 To fund the plan within 30 years, GRS recommends the following changes: - Increase City contributions to 18.25%beginning October 1, 2022 - Increase City contributions to 20% beginning October 1, 2023 - Increase retirement eligibility age from age 50 to age 55 for all new employees hired after January 1, 2022 - Lower the retirement benefit accrual percentage from 63.15%to 60% for all new employees hired after January 1, 2022 The firefighters held elections between February 21-23, 2022,to vote on the retirement eligibility age and the retirement benefit accrual percentage as required by their plan and it passed by a vote of 147 for the changes to 17 against the changes. Their changes to the plan are contingent on Council approving the contribution rate for the City as detailed above. The estimated additional cost for the City in FY 2023 and FY 2024 will be $250,000 and$440,000, respectively. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ARTICLE XV. PENSION Section 1. Employer Contribution. The EMPLOYER, effective upon signing, shall contribute to the pension fund an amount equal to sixteen percent (16%) of each employee's salary. October 1, 2021, the EMPLOYER shall contribute to the pension fund an amount equal to sixteen and one half of one percent (16.5%) of each employee's salary. October 1, 2022, the EMPLOYER shall contribute to the pension fund an amount equal to seventeen and one quarter of one percent (17.25%) eighteen and one quarter of one percent (18.25%) of each employee's salary. October 1, 2023, the EMPLOYER shall contribute to the pension fund an amount equal to eighteen percent(18%)twenty percent (20%) of each employee's salary. Section 2. Employee Contribution. The EMPLOYEE, effective upon signing, shall contribute to the pension fund an amount equal to sixteen and one half of one percent (16.5%) of their salary. October 1,2021,the EMPLOYEE shall contribute to the pension fund an amount equal to seventeen and one quarter of one percent (17.25%) of their salary. October 1, 2022, the EMPLOYEE shall contribute to the pension fund an amount equal to eighteen percent (18%) of their salary. 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 amendment to Article XV Pension of the Collective Bargaining Agreement with the Beaumont Professional Firefighters' Local 399. The amendment as proposed is attached hereto as Exhibit "A." 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 8th day of March, 2022. - Mayor Robin Mouton - ARTICLE XV. PENSION Section 1. Employer Contribution. The EMPLOYER, effective upon signing, shall contribute to the pension fund an amount equal to sixteen percent (16%) of each employee's salary. October 1, 2021, the EMPLOYER shall contribute to the pension fund an amount equal to sixteen and one half of one percent (16.5%) of each employee's salary. October 1, 2022, the EMPLOYER shall contribute to the pension,fund an amount equal to seventeen and one quarter of one percent (17.25%) eighteen and one quarter of one percent (18.25%) of each employee's salary. October 1, 2023, the EMPLOYER shall contribute to the pension fund an amount equal to eighteen percent(18%)twenty percent (20%) of each employee's salary. Section 2. Employee Contribution. The EMPLOYEE, effective upon signing, shall contribute to the pension fund an amount equal to sixteen and one half of one percent (16.5%) of their salary. October 1,2021,the EMPLOYEE shall contribute to the pension fund an amount equal to seventeen and one quarter of one percent (17.25%) of their salary. October 1, 2022, the EMPLOYEE shall contribute to the pension fund an amount equal to eighteen percent (18%) of their salary. EXHIBIT "A" 2 March 8, 2022 Consider authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project BEAumoNT TEXAS . TO: City Council FROM:. . Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: March 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project. BACKGROUND The Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project consists of work pertaining to repairing and rehabilitating the existing concrete walls for four sludge drying beds and other related appurtenances. On February:3,2022,.four(4) bids were received for furnishing all labor,materials, and equipment for the project. The Engineer's Estimate for the contract is $764,000.00. The bid totals are indicated in the table below: Contractor :. Location . Total Bid Amount Brystar Contracting, Inc. Beaumont,TX $795,600.00 Elite Contractors &Equipment Kirbyville, TX $941,680.00 ALLCO,LLC Beaumont, TX $1;184,83800 BDS Constructors dba MKConstructors Vidor, TX--_ $1,186,740.00 Based on a review of the bid and required documents received,the Water Utilities Department agrees with Schaumburg &Polk, Inc., and recommends awarding the project to the lowest bidder, Brystar Contracting, Inc., in the amount of$795,600.00. A total of 120 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. SPI { February 10, 2022 SGHAUMIBURG&POLK INC. Amalia "Molly"Villarreal, P.E. City Engineer City of Beaumont 801 Main Street Beaumont, Texas 77701 Re: City of Beaumont Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Bid No. WU1122=06 Recommendation of Award Dear Ms:Villarreal, Based on a review of the bids received Thursday, February 3, 2022, and review of the contractor's experience, it is our recommendation that the above referenced project be awarded to Brystar Contracting, Inc. for the Base Bid Items.1. thru 18 in the amount of $795,600.0.0. See attached Bid.Tabulation. . . Sincerely, SCHAUMBURG & POLK,INC. % Gave• r, ' P.E. 8865 College Street, Suite 100 I Beaumont, TX 77707 '17- ` - , - ENG com P: 409.866.0341 I F: 409.866.0337 ;� ,wiww SP - _ 1 BID TABULATION CITY OF BEAUMONT WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS REHABILITATION 1 BID NO; WU1122-06 BID OPENING DATE:Thursday,February 3,2022 @ 2:00pm Elite Contractors& BDS Contractors BrystarContracting ALLCO,LLC Equipment dba MK Constructors 8385 Chemical Rd 6720 College:St.. Item Qty. Unit Description Beaumont,TX 77705 27075 Hwy 96 S Beaumont,TX 77707 1167361H10 Kirbyville,TX 75956Vidor,TX.77670 Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Base Bid Items Mobilization,including payment bond,performance bond,insurance, 1. 1 LS moving equipment to project,and demobilization,in accordance with the $20,000.00 $20,000.00 $26,500.00 $26,500.00 $41,999.83 $41,999.83 $33,000.00 "$33,000.00 contract documents;NOT TO EXCEED 3%OF TOTAL PROJECT BID for Remove and dispose`of the existing concete perimeter and interior walls of 2. 1 LS the foursludge drying beds to be rehabilitated,in accordance with the Plans $57,000.00 $57,000.00 $27,800.00 $27,800.00 $76,420.80 $76,420.80 $43,500.00 $43,500.00 and Specifications for Construct new concete perimeter and interior walls for the four sludge 3. 1 LS drying beds to be rehabilitated,in accordance with the Plans and $205,000.00 $205,000.00 $143,700.00 $143,700.00 $283,128.44 $283,128.44 $265,000.00 $265,000.00 Specifications for Remove and replace the existing concete sidewalk at the south side of the 4. 1 LS four sludge drying beds to rehabilitated,in accordance with the Plans and $18,000.00 $18,000.00 $17,800.00 $17,800.00 $57,186.45 $57,186.45 $18,000.00 $18,000.00 Specifications for Remove and replace the existing 6"plug valve for each of the four sludge .. 5. 4 EA drying beds to be rehabilitated,in accordance with the Plans and $1,700.00 $6,800.00 $2,250.00 $9,000.00 $1,385.89 $5,543.56 $5,000.00 $20,000.00 Specifications for Remove the existing sand and gravel media from within each of the four 6. 1 LS sludge drying beds to be rehabilitated,in accordance with the plans and $32,000.00 $32,000.00 $235,000.00 $235,000.00 $79,578.20 $79,578.20 $281,300.00 $281,300.00 specifications for .. Remove the existing 12"main drain pipe and the:existing 4"drain pipes from 7. 1 LS within each of the four sludge drying beds to be rehabilitated,in accordance $4,000.00 $4,000.00 $9,500.00 $9,500.00 $20,456.93 $20,456.93 $4,000.00 $4,000.00 with the plans and specifications for 6. 1 LS Furnish and install the new 12"main drainpipe across the four sludge drying $27 000.00 $27,000.00 $22,800:00 $22,800.00 $25,309.18 $25; , , 309 .18 $32000.00 $32000.00 beds to be rehabilitated,in accordance with the plans and specifications for Furnish and install the proposed 12"drain pipe from the west side of the 9. '338 LF sludge drying beds to the proposed outfall structure into Pond No. 1, $100.00 $33,800.00 $60.00 $20,280.00 . $95.83 $32,390.54 $80.00 $27,040.00 including excavation, backfill, and surface restoration, in accordance with the plans and specifications for 10 2 EA Furnish and install proposed manhole, including excavation;backfiil, base, ring and cover,in accordance with the plans and specifications for $6,000.00 $12,000.00 $6,100.00 $12,200.00 $7,864.37 $15,728.74 $9,800.00 $19,600.00 Construct proposed outfall structure;at.Pond No. 1,:including.excavation, 11. 1 LS backfill; 'reinforced concrete, flap valve, and surface restoration, in $14,000.00 $14,000.00 $88,000.00 $88,000.00 $21,695.27 $21,695.27 $25,000.00 $25,000.00 accordance with the plans and specifications for Furnish and install the new.4" drain pipe within each of the four sludge 12, 1 LS drying beds to be rehabilitated, including 6" pea gravel bedding and 3/4" $35,000.00 $35,000.00 $15,500.00 $15,500.00 :$52, , ,863.28 $5286328 $3.1000.00 $31,000.00 gravel embedment with filter fabric'above,in accordance with`the plans and . .. . specifications for 13. 1 LS Furnish and install the gravel/sand media inside each of the four dry beds $150,000.00 $150,000.00 $200,000.00 $200,000.00 $307,585.76 $307,585.76 $200,000.00 $200,000.00 to be rehabilitated,In accordance with the plans and specifications for . 14. 1 LS Construct the proposed 6" reinforced concrete slab inside the west drying $41,000.00 $41,000.00 $23,000.00 $23,000.00 $26,437.13 $26,437.13 $33,000.00 $33,000.00 bed,in accordance with the plans and specifications for Remove the existing drain pipes on the north side of the four drying beds to 15. 1 LS be rehabilitated provide compacted select fill; to backfill the existing ditch, $10,000.00 $10,000.00 $3,600.00 $3,600.00 $14,977.43 $14,977.43 $8,300.00 $8,300.00 and slope to drain away from the drying beds and across the access road,in accordance with the plans and specifications for - - Page 1 of 2 . BID TABULATION CITY OF BEAUMONT WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS REHABILITATION BID NO. WU1122-06 i BID OPENING DATE:Thursday,February 3,2022 @ 2:00pm Elite Contractors& BDS Contractors Brystar Contracting ALLCO,LLC Equipment dba MK Constructors 8385 Chemical Rd 27075 H 96 S 6720 College St. 1 Item Qty Unit Description Beaumont,TX 77705 Beaumont,TX 77707 116736 IH0 Kirbyvilie,TX 75956 Vidor,TX 77670 Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 16. 1 EA Construct the 6" reinforced concrete access ramp at drying bed no. 1, in $23,000.00 $23,000.00 $10,000.00 $10,000.00 $16,206.01 $16,206.01 $24,000.00 $24,000.00 accordance with the plans and specifications for 17. 3 EA Construct the 6"reinforced concrete access ramp at drying beds no.2 4,'in $19,000.00 $57,000.00 $9,000.00 $27,000.00 $19,110.15 $57,330.45 $24,000.00 $72,000.00 accordance with the plans and specifications for. 18. 1 ALLOW Miscellaneous Improvements-furnish all labor,materials,and equipment to $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 perform all miscellaneous improvements,as directed by the Owner BASE BID TOTAL(ITEMS 1-18) $795,600.00 $941,680.00 $1,184,838.00 $1,186,740.00 Aknowledge Addendum No.1 Y Y .Y Y Required Forms Checklist Y Y . Y Y Bid Y Y Y Y Bid Schedule Y Y Y Y Bid Summary. . Y Y Y . Y Corporate Resolution Y Y Y Y Bid Bond Y Y Y Y Information Required of Bidder Y Y Y Y Conflict of Interest Questionnaire Y Y Y Y Statement of City Charter Provision on Conflict of Interest Y Y Y Y Insurance.Requirement Affidavit Y Y • Y Y. MBE Schedule C Y Y Y Y House BIll 1295 Aknowledgement Form Y Y Y Y House Bill 89(11B89)Verification Form Y Y .: Y Y The Bid Proposals submitted have been reviewed,and to the best of my knowledge this Is an accurate tabulation of the Bids received. • pA.. !r°` ....A.g B' :�y p . 5 JEFFREY•G BEAVERS 0S. 60676 0 ®' c G•• ' a I a .s`• ..... c; / • Fir.....eF....ta,,,,,_,i,n .. / Signature / Date Page 2 of 2 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project; and, WHEREAS, Brystar Contracting, Inc., of Beaumont, Texas, submitted a bid in the amount of$795,600.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Brystar Contracting, Inc., 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 Brystar Contracting, Inc., of Beaumont, Texas, in the amount of$795,600.00, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brystar Contracting, Inc. of Beaumont, Texas, for the purposes described herein. 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 8th day of March, 2022. - Mayor Robin Mouton - 3 March 8, 2022 Consider approving a three-year contract with WorkQuest for litter removal along City rights -of -ways and other specified areas throughout the City ( BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 8, 2022 REQUESTED ACTION: Council consider a resolution approving a three-year contract with WorkQuest for litter removal along City rights-of-ways and other specified areas throughout the City. BACKGROUND WorkQuest(formerly Texas Industries for the Blind and Handicapped {TIBH})utilizes private not-for-profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, . . Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont,will be providing the services to the City on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services to the City for the past twenty five (25) years. This agreement renewal allows for the removal of trash along City rights- of-ways and other areas as determined necessary by the Code Enforcement Division. The agreement requires a four man crew with one supervisor to work eight hours per day, five days per week, weather permitting. Under the current agreement,the cost to the City is $17.20 per hour per person. The new proposed cost of$19.50:per hour provides for an estimated 13%increase with an estimated annual cost of$183,709.11. There is no increase in price allowed for the term of the contract. Price per hour covers all material, labor, and equipment for BPS to provide this service to the City. The agreement is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a three (3) year agreement with WorkQuest for the purpose of grounds maintenance and litter removal services in the City rights-of-way and other specified areas throughout the City in the estimated annual amount of$183,709.11, as shown in Exhibit "A" attached hereto and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED THAT Beaumont Products and Services (BPS), of Beaumont, Texas, will be providing the services to the City on behalf of WorkQuest; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute an agreement with WorkQuest for the purposes described herein. 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 8th day of March, 2022. Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § • AGREEMENT FOR FURNISHING LITTER REMOVAL SERVICE FOR CITY RIGHTS-OF WAY AND SPECIFIED AREAS THIS AGREEMENT is made and entered into by and between the CITY of BEAUMONT,TEXAS (City) , a municipal corporation,hereinafter referred to as"City",and"WorkQuest",a State of Texas agency,hereinafter referred to as"WorkQuest",,and Beaumont Products & Services,Inc.,hereinafter referred to as"Contractor". Therefore,City,WorkQuest,and Contractor agree as follows: WITNESSETH 1.0 It is the intent of the City to contract with a private not-for-profit state-certified workshop as provided by the State of Texas for furnishing litter removal services for the City rights-of-way and other areas as may be determined. 2.0 This Agreement shall be in effect for a period of three:(3)years beginning April 1,2022 and ending March 31,2025. The.pricing shall remain the same for all three(3)years. 3:0 The Contractor shall furnish all labor,supervision, materials,equipment,supplies,and transportation required to provide for the pickup and proper disposal of litter or debris discarded onto City rights-of—way and other areas as may be determined by the City. The rights-of-way include but are not limited to those listed on Exhibit"A"and`B"attached hereto. The omission of specific reference to any materials or labor necessary for such a job shall not be interpreted as relieving the Contractor from furnishing said materials or labor. - 1 - Bid No. MF0222-30 EXHIBIT "A" 4.0 The Contractor shall furnish a crew consisting of one(1) supervisor and four(4)crew.members for approximately eight(8)hours per day. At the sole discretion of the City, it may require additional crew members to be provided. If the Contractor is unable to furnish the required number of crew members, the City shall be notified in advance and the City may cancel the days scheduled to be worked by the reduced crew. No payment shall be made for days canceled by the City. Contractor shall also furnish all transportation required. 5.0 "Litter"or"debris"shall be defined as trash,garbage,fragments,remains,ruins,rubble,or loose materials of any nature which have been discarded or which may detract,from the appearance and safety of the area."Litter"shall also include advertisements placed on.or against any pole,post; tree,fireplug,trash receptacle,or other property located on a street right-of-way. 6.0 All litter accumulated by the Contractor shall be collected and disposed of by Contractor. All supplies and equipment needed shall be furnished by the Contractor. All vehicles used in transporting litter must be equipped to prevent litter from being deposited on the street right-of- way during transport to disposal sites. 7.0 The Contractor shall not be required to remove dead animals,tires,or objects weighing more- than sixty(60)pounds. However, the Contractor shall notify the designated City representative of the location of these items immediately upon their discovery. As-needed cleanups do not have this limitation. **., 8.0 Litter removal shall be performed five(5)days per week, Monday through Friday, except rain days and City Holidays. Rain days can be voluntarily called by the crew performing litter removal or at the discretion of the City representative. Additional days may be provided with written approval of the designated City representative. Normal working hours shall be 7:30 a.m. to 4:00 p.m. The City shall have full right of inspection of any facilities, areas,or equipment. Such inspections may be related to, but not limited to,verification of work conditions, safety, damages,or operational interests. 8.1 Work days that are voluntarily called as a result of inclement weather shall not incur a minimum charge for the day. Payments will not be made for hours not worked due to inclement weather. -2- Bid No. MF0222-30 9.0 On a weekly basis,the Contractor shall meet with the designated official to define program objectives and schedule litter removal services. The Contractor shall follow the litter removal schedule as defined by the designated City representative. The Contractor shall contact..the designated City representative on a daily basis to report work status. Once work has been assigned,the Contractor shall proceed in an expeditious manner until all work is satisfactorily completed. 10.0 Services shall be provided according to schedule requirements specified in the Scope of Work (SOW),excluding official City holidays which include: 10.1. Labor Day 10:2 Thanksgiving Day 10:3 Day after Thanksgiving 10.4 Christmas Day 10.5 New Year's Day 10.6 Martin Luther.King,Jr.Birthday. 10.7 Good Friday 10.8 Memorial Day 10.9 Juneteenth 10.10 Independence Day 10.11 Veterans.Day • 11.0 The City shall have the right,but not the duty,to inspect, audit,copy and examine all books and records of the Contractor pertaining to its performance of services:and obligations to the City under this Agreement. • 12.0 The Contractor may not assign any portion of this Agreement to another party or parties without written approval of the City Manager or his designee of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or • assignment will be in the best interest of the City. 13.0 This Agreement, including all Attachments and Exhibits, and the City's Purchase Order,shall constitute the entire understanding of the parties here to with respect to the subject matter hereof, and..no Amendment,modifications,or alteration of the terms shall be binding unless the same be -3 - Bid No. MF0222-30 in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 14.0 The City Rights-of-Way shall be defined as'the areas listed or shown in Exhibits"A" and "B". } 15:0 It shall be the responsibility of the Contractor to ensure the safety of its employees and citizens while in the performance of this Agreement. Contractor shall ensure each worker is provided with an identifiable standard uniform during each working day. Each employee shall-wear brightly-colored safety vests while on City rights-of-way. The operation of all equipment shall be done in a manner that is not hazardous to persons in the designated areas or the operators. 16.0 The contractor may not erect,place, alter, or remove any buildings,covers,signs,slabs, driveways, roads,or facilities of any nature without the prior written consent of the City. Such facilities shall become the property of the City of Beaumont upon termination or expiration of 'this Agreement. The Contractor shall not use premises or facilities for activities or storage not specifically allowed herein without written approval of the City. 17.0 Contractor shall have access to a storage area for purposes of conducting activities associated -with this Agreement. Contractor shall be responsible for maintaining this area. 17.1 Contractor shall exercise due and prudent care in storage and use of any hazardous materials,fuel,etc., including security of such. 17.2 Maintenance and repair of equipment used by Contractor in the performance of this Agreement shall be the responsibility of the Contractor. Contractor shall avoid major maintenance and repair activities in public areas and,where applicable, shall perform such activities in the identified storage areas or at locations not on the property. 18.0 SCHEDULE FOR PERFORMANCE Contractor shall furnish the City with a weekly work schedule indicating the areas that will,be maintained according to the requirements for each area shown in Exhibits"A"and"B". -4- Bid No. MF0222-30 18.1 Contractor shall be available for service calls as necessary between the hours of • 7:00 A.M.and 5:00 P.M.,Monday through Friday. 18.2 Contractor shall respond to all requests for maintenance,repair,and investigation as identified in this Agreement as soon as practical. In cases where Contractor is required to perform services as identified in this Agreement,such services shall be performed within twenty-four(24)hours. 18.3 The City retains the right:to inspect and order work to be corrected as needed, 19.0 FULFILLMENT AND PAYMENT 19.1 The City agrees to pay WorkQuest upon receipt of monthly invoices for services performed satisfactorily. Such payment by City to Vendor shall be made in accordance with the requirements of Texas Government Code §2251.021. The City shall have the right to refuse payment for work not satisfactorily completed. 19.2 The Contractor shall submit an accurate invoice within five(5)working days from the date of delivery: 19.2.1 An accurate record of streets worked and the amount of litter.removed. The unit of measure shall be the number of bags and the number of cubic yards collected. 19.2.2 An accurate listing detailing the number of-crew members. Days worked,and number of hours each worked,each day. • 19.3 Invoices must reference a Purchase Order number and the.Department or Division for which goods or services are provided. 19.1 All invoices shall be mailed to: ' ATTN: Accounting Division -OR- Via email to: invoices@beaumonttexas.gov City of Beaumont P. O.Box 3 827 Beaumont,TX 77704 -5 - Bid No.MF0222-30 • 19.2 Faxed invoices will not be accepted. 20.0 Tale City shalt pay the Conti actor at a rate of$19 50 per how per'person. Payment will be made for crew member hours actually worked,with a four(4)hour Minimum. No minimum payments for.inclement weather days will be allowed. This payment shall be full compensation for all work performed,equipment, materials,-transportation,and incidentals necessary to complete the work as well as disposal of the litter. 20.1 Table Below Denotes Monthly and Annual Cost to the City•for the Agreement: Au . Location , . Old Rate NEW RATE dual Estimated -Cost • City Rights-of-way $17.20 $19.50 $183,709.11 • and specified areas per hour per hour per person per person 20.2 Table below denotes cost for "As Requested /As Needed Services" by the City for heavy clean-ups not included in Agreement, that are Litter Removal related. Cable Yards of debris/waste removed shall be included on all invoices for this service:' Laboefor Old Rate NEW RATE "As Requested'Services" $17.20 $29.50 8 A.M.Monday 5 P.M.Friday per hour per hour per person per person 21.0 Deductions from payments by the City to the Contractor may include items specified herein, • including taxes,costs for damages by the Contractor,or other amounts which may be owed by the Contractor to the City. Such deductions shall not be cause for the Contractor to cease or partially cease operations or activities required by this Agreement. -6 - Bid No. MF0222-30 22.0 FUNDING Funds for payment are provided by the City of Beaumont budget approved by City Council for each fiscal year only. The State of Texas statues prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of each current City of Beaumont fiscal year will be subject to budget approval. 23.0 LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY,DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS;AGENTS,AND EMPLOYEES.FROM ANY AND ALL CLAIMS, CAUSES OR ACTION,AND DAMAGES OF EVERY KIND,FOR INJURY TO OR DEATH OF ANY PERSON AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT,AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR ITS OFFICERS,AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY REGARDLESS OF WHETHER THE CLAIM, DAMAGE,LOSS, OR EXPENSE IS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE. Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors and employees for damages covered by the workers' compensation and employers liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement,where permitted by law. This waiver must be stated on the City's approved Certificate of Insurance. The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor,including,without -7- Bid No. MF0222-30 limitation,liability under the indemnity provisions of this Agreement. Damages recoverable by City from Contractor or any third party will not be limited by the amount of the required insurance coverage. 24.0 INSURANCE REQUIREMENTS 24.1 The Contractor shall at all times during the Agreement maintain in full force and effect , • insurance naming the City of Beaumont as additional insured on the policies for • Commercial General Liability and Automobile Coverage as provided in Attachment"A". An original certificate of insurance shall be furnished to the City by the insurance company providing-the coverage or its agent prior to the commencement of work by the Contractor and shall provide that the City shall receive thirty(30) days' prior written • notice before any change or cancellation of any policy. 24.2 All of the insurance costs shall be borne.by the Contractor. Should any insurance required by the Agreement lapse,the Contractor shall immediately cease all operations as of the time and date of such lapse and shall not resume any operations until authorized in writing by the City. If the'lapse period extends.fifteen(15)days,the City may terminate the Agreement and the Contractor shall be in breach of-this Agreement. Should the City--of Beaumont receive notices of insurance cancellation three(3)or more times within a twelve(12)month period,the City may cancel this Agreement. 25.0 CONTRACT TERMINATION 25.1 Either the.City or the Contractor may,upon sixty(60)days' written notice,terminate the contract for reasons of convenience. Said termination on behalf of the City shall be by the City Manager or his designee. 25.2 The City, besides all other rights or remedies it may have,shall have the right to terminate this Agreement upon five(5)days' written notice of the Contractor fails to perform the Scope of Work as herein provided. The decision to terminate shall be at the sole discretion of the City Manager or his designee. -8 - Bid No. MF0222-30 • 25.3 In addition,the City shall have the.right to-terminate this Agreement if the Contractor breaches this Agreement by other means, including the following: - • 25.3.1 By failing to pay insurance premiums,liens,claims or other charges. 25.3.2 'By failing to pay any payments due the.City, State;or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this Agreement or any taxes,fees;assessments,or liens. 25.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 25.3.4 By violation of any provision or non-performance of the Agreement. • 25.4 Upon termination or expiration of this contract,the Contractor shall be permitted-five(5) working days to.remove Contractor-owned material and equipment from the City's premises. Materials and equipment.not removed within the specified time shall become the property of the City. • 26.0 The.relationship of the Contractor to the City shall be that of an independent Contractor,and no principal-agent or employer-employee relationship is created by this Agreement. By entering into this Agreement,the Contractor acknowledges that it will, in the performance of its duties under this Agreement,be acting as an independent Contractor and that not officer,agent,or employee of the Contractor is entitled to any of the benefits.and•privileges.of a City employee or officer under.any provision of the statues of the State of Texas or the Charter and Ordinances of the City of Beaumont. • 27.0 NO"PERSON has the authority to verbally alter these terins and conditions. Any changes must be approved in writing by both parties. -9- Bid No.MF0222-30 28.0 NOTICES Any notice which City or Contractor may require or desire to give to the other shall be in writing and shall be sent by registered or certified mail to the following respective addresses: CITY: City Manager City of Beaumont P. O. Box 3827 Beaumont,TX 77704 STATE AGENCY: Deidra Davis,Market Representative WorkQuest 119 North Street, Suite H Nacogdoches,TX 85961 • CONTRACTOR: Steve Havard,Executive Director Beaumont Products&Services,Inc. 1305 Washington Blvd. Beaumont,TX 77705 All notices shall be deemed given on the date so delivered. Either party.hereto may change.the above address by sending written notice of such change to the.other in the manner so provided herein. 29.0 For any information concerning this contact please contact: Christy Williams,Buyer II Finance Department/Purchasing Division City of Beaumont Physical Address: 801 Main St., Suite 315, Beaumont,TX 77701 Mailing Address: P.O. Box 3827,Beaumont,TX 77704-3827 Phone#(409) 880-3758 + Fax#(409) 880-3747 E-mail: Christy.williams@beaumonttexas.gov - 10- Bid No.MF0222-30 IN WITNESS WHEREOF,City and Contractor have•executed or caused to be executed by their duly authorized officers or agents this Agreement as of the day and year written below. CITY OF BEAUMONT: By: (Signature) Kyle Hayes,City Manager Printed Name: Kyle Hayes Date Signed: WORKQUEST By: • (Signature) Deidra Davis,Market.Representative Printed Name: Date Signed: BEAUMONT PRODUCTS AND SERVICES • By: (Signature) Steve Havard,Exectitive Director Printed Name: Date Signed: • - 11 - Bid No.MF0222-30 ATTACHMENT"A" (Revised 10/12/2021) INSURANCE SECTION A. Prior to the approval of this contract by the City,CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits (on a form approved and provided by the City), and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY.OF BEAUM.ONT'S PURCHASING DIVISION,and no officer or employee of the City shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY,based upon changes in statutory law, court decisions,or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain'reasonable deductibles in such amounts as are approved by CITY, • CONTRACTOR shall obtain and maintain in fill force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in the following type(s)and amount(s): TYPE AMOUNT 1. Workers' Compensation and Statutory Employer's Liability NOTE: For building or construction projects,and services provided at City-owned facilities,the successful Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission Rule 28 TAC§110.110 which follows this insurance attachment. 2. Commercial General(public) Liability including coverage for the following: a. Premises operations Combined single limit for bodily injury and b. Independent contractors and property damage of$500,000 per c. Products/completed operations occurrence or its equivalent with an aggregate d. Personal injury limit of$1,000,000. e. Advertising injury f. Contractual liability g. Medical payments h. Professional liability* i. Underground hazard* j. Explosion and collapse hazard* k. Liquor liability* 1. Fire legal liability* m. City's property in Contractor's* care,custody,or control n. Asbestos specific liability* x Not required for this contract 3. Comprehensive Automobile Liability Combined single limit for bodily injury and insurance,including coverage for loading property damage of$500,000 per occurrence and unloading hazards,for: or equivalent. - 1.2- Bid No.MF0222-30 • a. Owned/leased vehicles b. Non-owned vehicles c. Hired vehicles • 4. Errors and Omissions Provide a prudent amount of coverage for the insurance.policy willful or negligent acts or omissions of any (when applicable) officers,employees or agents thereof. ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled,upon request,and without expense,to receive copies of the policies arid all endorsements thereto and may make any reasonable request for deletion,revision,or modification of particular policy terms,conditions,limitations,or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY,CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages,and shall pay the cost thereof. REQUIRED PROVISIONS CONTRACTOR agrees with respect to the above required insurance,all insurance contracts and certificate(s)of insurance will contain and state,in writing,on the certificate or its attachment,the following required provisions. a. Name,the City of Beaumont and its officers,employees,and elected representatives as additional insured(s),(as the interest of each insured may appear)to all applicable coverage. b. Provide for thirty(30)days'notice to City for cancellation,non-renewal,or material change. c. Provide for notice to City at the address shown below by registered mail. d. CONTRACTOR agrees to waive subrogation against the City of Beaumont,its officers,employees,and elected • representatives for injuries, including death,property damage,or any other loss to the extent same may be covered • by the proceeds of insurance. e. Provide that all provisions of this agreement concerning liability,duty,and standard of care together shall be . • underwritten by contractual liability coverage sufficient to include such obligations within applicable policies: f For coverages that are only,available with claims made policies,the required period.of coverage will be determined by the following formula: Continuous coverage for the life of the contract,plus one(1)year(to provide coverage for the warranty period)and an extended discovery period for a minimum of five(5)years which shall begin at the end of the warranty.period. NOTICES CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty(30)days prior to the change,which notice must be accompanied by a replacement CERTIFICATE OF'INSURANCE. All notices shall be given to CITY at the following address: Purchasing Division City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 SECTION D. Approval,disapproval,or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy,insolvency,or denial of liability by the insurance company exonerate CONTRACTOR from liability. - 13 - Bid No.MF0222-30 WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services Provided at City-Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28,§110.110 XXXXXXXY.XXXXXXXXY.XXitXXXXXXXXXXXXXY.XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXX XXXXXX XX XXX XXX XXX XXX As.required by the Texas Workers'Compensation Rule 28,§110.110,the Contractor shall accept the following definitions and comply with the following provisions: Workers'Compensation Insurance Coverage A. Definitions: I. Certificate of coverage("certificate")-A copy ofa certificate of insurance,a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City of Beaumont. 3. Persons providing services on the project("subcontractor" in§406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation,or other service related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the project,for the duration of the project. C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must,prior to the end of the coverage period,file a new certificate of coverage with the City of Beaumont showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project,and provide to the City of Beaumont: 1. A certificate of coverage,.prior to that person beginning work on the project, so the City of Beaumont will have on file certificates of coverage showing coverage for all persons providing services on the project;and 2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one(1),year thereafter. G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten(10)days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered,and - 14- Bid No. MF0222-30 stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; 2. Provide to the Contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services.on the project,for the duration of the project. 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: a. A certificate of coverage,prior to the other person beginning work on the project;and b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one(1)year thereafter; • 6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing • services on the project;and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements.will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing_false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaumont to declare.the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the City of Beaumont. As defined by the Texas Labor Code,Chapter 269,Section 406.096(e),building or construction is defined as: 1. Erecting or preparing to erect a structure,including a building,bridge,roadway,public utility facility,or related appurtenance; - 2. Remodeling,extending,repairing,or demolishing a structure;or 3. Otherwise improving real property or an appurtenance to real property through similar-activities. • The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. • - 15 - Bid No.MF0222-30 } CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT • To be Completed By Appropriate Insurance-Agent • and submitted•with bid proposal. • I, the undersigned Agent/Broker; certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. .If the below identified Contractor is awarded this contract by the City of Beaumont, I will be able to, within ten (10) days after being notified of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Agent(Signature) Agent(Print) Name of Agency/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone#: ( CONTRACTOR'S NAME: (Print or Type) NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated-the Contractor may be liable for breach of contract. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Beaumont at(409)8'80-3720. - 16 - Bid No. MF0222-30 111411 Form No.COB1 kW' j CERTIFICATE OF INSURANCE Edition Date:12/12/2018 „�.,, Page 1 of 4 This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: City of Beaumont Reference: Project Name: Project Location: Phone: / Managing Dept.: Name and Address of Insured: Project Mgr.: Insurers Affording Coverages: Insurer A Phone: / Insurer B Prime or Sub-Contractor?: Insurer C Name of Prime Contractor, if different from Insured: Insurer D - 17- Bid No. MF0222-30 teq u Form No.COB1 1441 CERTIFICATE OF INSURANCE Edition Date:12/12/2018 Page 2 of 4 euWCX,7rtl INSR TYPE OF INSURANCE POLICY POLICY EFF. POLICY EXP. LIMITS OF LIABILITY LTR NO. DATE DATE (MM!DD/YYYY) (MM!DD/YYYY) Commercial General Each Occurrence $ Liability Policy As defined in the Policy, does the Policy General Aggregate $ provide: Completed ❑ Yes ❑ No — Completed Operations/Products Operations/ $ i Products Aggregate ❑ Yes ❑ No — Contractual Liability Personal & $ Advertising Injury ❑Yes ❑ No — Explosion Deductible or Self $ Insured Retention ❑Yes ❑ No — Collapse ❑ Yes ❑ No — Underground ❑ Yes ❑ No — Contractors I Subcontractors Work ❑Yes 0 No — Aggregate Limits per Project Form- CG'2503 0509 or Equivalent ❑Yes ❑ Yes ❑ No — Additional Insured Form (not construction)- CG 2010 1001 or Equivalent ❑ Yes ❑Yes ❑ No — Completed Operations Additional Insured Form (construction only)- CG 2037 1001 or Equivalent ❑Yes ❑Yes ❑ No — 30 Day Notice of Cancellation Form- CG 2804 1093 or Equivalent ❑ Yes ❑Yes ❑ No — Waiver of Subrogation Form- CG 2404 0509 or Equivalent ❑Yes INSR TYPE OF INSURANCE POLICY POLICY EFF.DATE POLICY EXP. LIMITS OF LIABILITY LTR NO. (MM/DD/YYYY) DATE (MMIDD/YYYY) Pollution/ Occurrence $ Environmental Impairment Policy Aggregate INSR TYPE OF INSURANCE POLICY POLICY EFF.DATE POLICY EXP. LIMITS OF LIABILITY LTR NO. (MMIDDIYYYY) DATE (MM/DD/YYYY) Commercial Auto CSL $ Liability Policy As defined in the Policy, Bodily Injury $ does the Policy provide: (Per Incident) ❑Yes ❑ No — Any Auto Bodily Injury $ (Per Person) Property $ ❑ Yes ❑ No — All Owned Autos Damage (Per Accident) - 18- Bid No. MF0222-30 Form No.COWCERTIFICATE OF INSURANCE Edition Date:12/12/2018 OW I ,,�,,,, Page 3 of 4 IMINON ❑Yes 0 No — Non-Owned Autos El Yes 0 No — Hired Autos ❑ Yes ❑ No — Waiver of Subrogation - CA0444 0410 or Equivalent ❑ Yes ❑Yes ❑ No — 30 Day Notice of Cancellation- CA0244 or Equivalent 0 Yes ❑Yes 0 No — Additional Insured- CA2048 or Equivalent ❑Yes ❑Yes U No INSR TYPE OF INSURANCE POLICY POLICY EFF. POLICY EXP. LIMITS OF LIABILITY LTR NO. DATE DATE (MM/DD/YYYY) (MM/DDIYYYY) Excess Liability Occurrence $ ❑ Umbrella Form El Excess Liability Follow Form Aggregate $ Workers ❑ Statutory Compensation & Employers Liability Each Accident $ As defined in the Policy, does the Policy provide ❑Yes ❑ No — Waiver of Subrogation-WC420304 Disease- $ Policy Limit ❑Yes ❑ No — 30 Day Notice of Cancellation -WC420601 Disease- Each Employee Is a Builders Risk or $ Installation Insurance Policy provided? ❑Yes ❑ No 0 Yes ❑ No — Is the City shown as loss payee/mortgagee? Professional Liability Each Claim $ As defined in the Policy, does the Policy provide: ❑Yes ❑ No — 30 Day Notice of Cancellation Deductible or $ Retroactive Date: Self Insured Retention - 19- Bid No. MF0222-30 Form No.COB1 1114:1 CERTIFICATE OF INSURANCE Edition Date:12/12/2018 ilogy : Page 4 of 4 AGENT CERTIFICATION: THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect. Name of Insurance Company: Name of Authorized Agent: Company Address: Agent's Address: City: State: Zip: City: State: Zip: Authorized Agent's Phone Number(including Area Code): Original signature of Authorized Agent: X Date: CERTIFICATE HOLDER: DATE ISSUED: City of Beaumont P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE Beaumont, Texas 77704-3827 Licensed Insurance Agent Printed Name: • • -20- Bid No.MF0222-30 EXHL iI 131 66A99 Locations for MONTHLY Litter Removal Agreement for Furnishing Litter Removal Service for City Rights-of-Way and Specified Areas Bid No. MF0222-30 -2.1 - Bid No. MF0222-30 EMU TIT 66 1 99 Locations for SEMI-MONTHLY Litter Removal 1 Agreement for Furnishing Litter Removal Service for City Rights-of-Way and Specified Areas Bid No. MF0222-30 -22- Bid No. MF0222-30 FIND OF AGI" 1 EME VT Agreement for Furnishing Litter Removal Service for City Rights-of-Way and Specified Areas Bid No. MF0222-30 -23 - Bid No.MF0222-30 DISCUSSION ITEM * Discuss plans for the City's 2022 Juneteenth Celebration