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Home My WebLink About05/10/2022 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,MAY 10,2022 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions—Redistricting Presentation * 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 n in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the April 26, 2022 City Council Meeting and the April 28,2022 Special City Council Meeting Minutes B. Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) awarded to the Beaumont Public Health Department for Tuberculosis Prevention and Control C. Approve a contract for the purchase of miscellaneous filters for use in the Fleet Department D. Authorize the Interim City Manager to award a contract to SETEX Construction. .. Corp for the Lawson's Canal Reclamation Planting Project REGULAR AGENDA 1. Consider authorizing the Interim City Manager to award a contract to Pro Pipe, Inc. of Houston for the 4th Street Storm Sewer Inspection Project 2. Consider authorizing the Interim City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to ALLCO, LLC, for the Sewer Plant Pump Replacement and Renewal Project 3. Consider authorizing the purchase of a new Mustang CAT Generator and related appurtenances for the City of Beaumont Prison Water Tanks and Lift Station COMMENTS * Public Comment(Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Toye Frazier vs. City of Beaumont; Cause No. E-206,919 * 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 at 701-555 Main, Beaumont, Jefferson County, Texas * To discuss and/or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: Project Riverfront 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: Chris Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: May 10, 2022 REQUESTED ACTION: Council consider approval of the April 26, 2022 City Council Meeting and the April 28, 2022 Special City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT SECA�L - 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 APRIL 28, 2022 Chris Durio,Ward IV Tina Broussard, City Clerk Chris Boone, Interim 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 April 29, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:00 p.m. to consider the following: OPENING Invocation . Pledge of Allegiance Roll Call Public Comment: Persons.may speak on Agenda item No. 1 Mayor Pro Tem Samuel called the council meeting to order at 5:00 p.m. Mayor Pro Tern Samuel gave the invocation and the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Samuel, Councilmembers.Durio, Getz, Feldschau and Neild. Absent: Mayor Mouton and Councilmember Turner. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Public Comment: Persons may speak on Agenda Item No. 1 None AGENDA 1. Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets. Higginbotham, of Port Arthur, is the City's broker of record for securing the City's property insurance. The proposed annual premium for Property, Equipment Breakdown, Terrorism and Agency Fee is based on,a total insured value of$242,319,396. The cost of the policy for this year is $2,044,040.61, a $333,450.31 increase from last year's premium of $1,710,590.30. The net rate (per$100 valuation) increased by 24.61%,from$0.65 to_$0.81. The increase in rate is attributed to a hardening commercial property market and losses incurred by the City over the past few years. The policy renewal will be in effect from May 1, 2022, to May 1, 2023. Minutes—April 28,2022 Companies providing insurance are layered with exposure limited to the amount of damage incurred. All risk coverage, including Flood and Earth Movement, is provided byAmRisc, LP, Velocity Risk Underwriters (Lloyds), Starstone Specialty, First Specialty,AXIS Surplus Lines Insurance Company, Lloyds of London (Insurisk, LP), Arch Specialty, and RSUI Indemnity Insurance Company. Boiler and Machinery coverage is provided by Liberty Mutual Fire Insurance Company. Terrorism coverage is provided by Lloyd's of London. The deductibles per occurrence for the new policy are as follows: Deductibles $50,000 Per Occurrence as respects to All Other Perils, Except as noted below: Named Storm Wind & Hail: 2% of the Sum of the Stated Values for each Location (affected by loss) identified in the Statement of Values subject to $250,000 minimum Per Occurrence Wind Driven Precipitation: 2% of the Sum of the Stated Values for each Location (affected by loss) identified in the Statement of Values subject to $250,000 minimum Per Occurrence All Other Wind &Hail: $50,000 Per Occurrence Flood: $50,000 Per Occurrence, Except as noted below:. MAXIMUM NFIP, whether purchased or not, for Locations in Zones prefixed with A or V; plus $100,000 Per Occurrence; Except 2% of the total insurable values at each location in the loss or damage in any one Occurrence, subject to a minimum deductible of$100,000 in any one Occurrence for Flood caused by, resulting from, or associated with a Named Windstorm. Earth Movement: $50,000 Per Occurrence Funds will come from the General Fund Approval of resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR FIRE, EXTENDED COVERAGE, FLOOD AND QUAKE PROPERTY INSURANCE FOR THE ANNUAL PREMIUM AMOUNT OF$2,044,040.61 THROUGH HIGGINBOTHAM, OF PORT ARTHUR, TEXAS, AS BROKER, FOR ALL RISK COVERAGE, INCLUDING FLOOD AND EARTH MOVEMENT PROVIDED BY AMRISC,LP,VELOCITY RISK UNDERWRITERS (LLOYDS), STARSTONE SPECIALTY, FIRST SPECIALTY,AXIS SURPLUS LINES INSURANCE COMPANY, LLOYD'S OF LONDON, (INSURISK, LP),ARCH SPECILTY,AND RSUI INDEMNITY INSURANCE COMPANY EFFECTIVE MAY 1, 2022; BOILER AND MACHINERY COVERAGE PROVIDED BY LIBERTY MUTUAL FIRE INSURANCE COMPANY EFFECTIVE MAY 1,2022;AND,TERRORISM COVERAGE PROVIDED BY LLOYD'S OF LONDON EFFECTIVE MAY 1, 2022. Councilmember Durio seconded the motion. AYES: MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ,FELDSCHAU AND NEILD NAYS: NONE Minutes—April 28,2022 MOTION PASSED Resolution 22-119 COMMENTS * Public Comments (Persons are limited to three minutes) None. * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO- NONE COUNCILMEMBER GETZ- NONE COUNCILMEMBER TURNER- ABSENT COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED- NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - ABSENT With there being no Executive session, Council adjourned at 5:15 p.m. . Audwin Samuel, Mayor Pro Tem Tina Broussard, City Clerk Minutes—April 28,2022 B EAUMON T 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 APRIL 26, 2022 Chris Durio,Ward IV Tina Broussard, City Clerk Chris Boone, Interim 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 April 26, 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. 6 Mayor Pro Tern Samuel called the council meeting to order at 1:30 p.m. Pastor Carlton Sharp with Faith Christian Center Church gave the invocation. Councilmember Getz led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor-Pro Tern Samuel, Councilmembers Durio,. Getz, Turner,. Feldschau and Neild. Absent: Mayor Mouton. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Lamar University Retiring of Jerseys"—May 7, 2022—Proclamation read by Mayor Pro Tern Samuel; accepted by Jim Gilligan and David Bernsen (Kevin Millar was unable to attend) "Golden Triangle Cancer Awareness Relay for Life Day"—April 29, 2022—Proclamation read by Councilmember Durio; accepted by Gay Lynn Jones with the American Cancer Society, Inc. "St. Michael's Mediterranean Festival Day" — May 7, 2022 — Proclamation read by Councilmember Getz; accepted by Nacole Tarabay, Chairperson of the Festival, "National Preservation Month" — May 2022 — Proclamation read by Councilmember Turner; accepted by Tom Bell, Executive Director and Carol Gray, Director of Development with Beaumont Main Street Minutes—April 26,2022 "Lemonade Day" — May 1, 2022 — Proclamation read by Councilmember Feldschau; accepted by Krista Hunter, Executive Director with Greater Beaumont Chamber of Commerce "Older Americans Month" — May 2022 — Proclamation read by Councilmember Neild; accepted by Janci Kimbal, CEO with Nutrition and Services for Seniors "National Mental Health Awareness Month"_—May 7, 2022—Proclamation read by Mayor Pro Tem Samuel; accepted by Emily Ross, Director of Community and Culture and a Certified Clinical Trauma Provider with New Path Therapy and Wellness and Aaron Nichols, Spindletop MHMR Center Mayor Pro Tem Samuel read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Item No. 6 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 April 12, 2022, City Council Meeting Minutes B. Approve a resolution requesting a change in investment authority for the City of Beaumont - Resolution 22-110 C. Approve a resolution changing authorized representatives for .Texas Range Investment Program.-Resolution 22-111 D. Approve a resolution changing authorized representatives for Texas Local Government Investment Pool (TexPool), a public funds investment pool-Resolution 22 = 112 E. Approve a resolution changing authorized representatives for banking and granting authority to initiate and approve electronic funds (wires) or ACH transfers of any City funds on deposit at Wells Fargo and Allegiance Bank -Resolution 22-113 F. Authorize the settlement of the lawsuit styled Sierra Nicole Broussard, Individually and As Next Friend of C.L. and C.W. and Tiffany Williams as Next Friend of K.G. and K.G. vs. The City of Beaumont; Cause No. A-206,313 Resolution 22-114 G. Approve contracts to supply asphaltic concrete for use by the Public Works Department - Resolution 22-115 Councilmember Neild moved to approve the Consent Agenda excluding Item H. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD Minutes—April.26,2022 NAYS: NONE MOTION PASSED H. Authorize the Interim City Manager to execute Change Order No. 3, to the contract with Placo, Ltd. for the Lift Station &WVVTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project- Resolution 22-116 Councilmember Neild moved to approve Item H on the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED AGENDA 1. Consider a request for a Specific Use Permit to allow a religious organization in the GC-MD-2 (General Commercial — Multiple-Family Dwelling-2) District located at 1610 S. Major Drive. The Sikh Center of Southeast Texas is requesting a revised Specific Use Permit to allow a religious organization at 1610 S Major Drive. The center will be open on Sundays from 10:00 a.m. to 3:00 p.m., on religious holidays and occasionally during the week. This property fronts on Major Drive but will share a driveway with the property to the north and rear of this Lot, as TXDOT has restricted the driveway access for both properties to one Major Drive access. A six(6)foot wide landscaped buffer with shrubs will be required along the width of the Major Drive frontage due to the parking lot adjacent to the right-of-way. One landscaped island will be required within the parking layout, containing one (1) class A or two (2) class B trees. Due to the residential property along the south property line, a ten (10)foot wide landscaped buffer containing trees will be required along that property line. One (1) class A or two (2) class B trees must be planted for every twenty-five (25) linear feet along that property line. In addition, an eight (8) foot tall, wood or masonry fence must be located for the length of the south property line. At a Joint Public Hearing held on April 18, 2022,the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a religious organization in the GC- MD-2 (General Commercial — Multiple-Family Dwelling-2) District located at 1610 S. Major Drive with the following condition: 1. Landscaping required to meet City Ordinance requirements. Approval of the ordinance with the following condition: 1. Landscaping required to meet City Ordinance requirements. Minutes—April 26,2022 Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A REGULAR PLACE OF WORSHIP IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 1610 S.MAJOR DRIVE, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-024 2. Consider a request for a Revised Specific Use Permit to allow a convenience store and gas station in the GC-MD-2 (General Commercial—Multiple-Family Dwelling-2) District located.at 4050 Magnolia Avenue. Rahil Maredia is requesting a revised Specific Use Permit to allow a convenience store and gas station at 4050 Magnolia Avenue. In October. of 2021, 'a Specific Use permit was approved for a 6,000 square foot building. It was expressed that a larger space would be welcomed, so the applicant has returned with a larger building. The proposed building would be approximately 9,000 square feet. A portion would be occupied by a convenience store with deli and would be open from 7:00 a.m. to 11:00 p.m. Sunday through Thursday and from 7:00 a.m. to midnight Friday & Saturday. The remaining structure would potentially be occupied by a washateria, a restaurant and retail space. As the store would front on Magnolia Avenue, the use would be compatible with surrounding uses. The rear of the building will be located in a GC-MD-2 (General Commercial—Multiple- Family Dwelling-2) zoning, therefore requiring a Specific Use Permit. The parking lot should show the edge of pavement along the eastern edge, delineating between concrete and grassy areas, and the south edge must be at least two (2) feet from the interior property lines of the adjoining property. A few of the parking spaces are in awkward locations and are not needed, such as the three (3) spaces between the front driveways, the two (2) spots in the southwest corner and the seven (7)spots in the northwest corner. Along the Magnolia Avenue frontage, a six (6)foot wide landscaped buffer with shrubs will be required. Along the portion of La Salle next to the parking and fuel pumps, a six(6)foot wide landscaped strip with trees and shrubs will be required. All landscaping will be required to meet City Ordinances including irrigation. At a Joint Public Hearing held on April 18, 2022, the Planning Commission recommended 6:0 to approve the request for a Revised Specific Use Permit to allow a convenience store and gas station in the GC-MD-2 (General Commercial — Multiple-Family Dwelling-2) District located at 4050 Magnolia Avenue with the following conditions: Minutes—April 26,2022 1. Landscaping required to meet City Ordinance requirements. 2. Show edge of pavement at least two (2) feet from adjoining property.line and remove unnecessary parking spaces. 3. Construction Plans 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. Approval of the ordinance with the following conditions: 1. Landscaping required to meet City Ordinance requirements. 2. Show edge of pavement at least two (2) feet from adjoining property line and remove unnecessary parking spaces. 3. Construction Plans 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. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A CONVENIENCE STORE AND GAS STATION IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 4050 MAGNOLIA AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-025 3. Consider a request for a Specific Use Permit to allow a brewpub in the GC-MD (General Commercial — Multiple-Family Dwelling) District located at 6280 Phelan.Boulevard. Gabrielle Blanco is requesting a Specific Use Permit to allow'a brewpub at 6280 Phelan Blvd. Half of the suite would be used to produce beer and the other half would be a family friendly restaurant. Hours of operation will be Monday through Thursday from 11:00 a.m. to 10:00 p.m., Friday & Saturday from 11:00 a.m. to 12:00 a.m. and Sunday from noon to 9:00 p.m. Ms. Blanco has been operating a brewpub and restaurant in a nearby community and would, like to bring her facility to Beaumont. At a Joint Public Hearing held on April 18, 2022,the Planning Commission recommended 6:0 to.approve the request for a Specific Use Permit to allow a brewpub in the GC-MD (General Commercial — Multiple-Family Dwelling) District located at 6280 Phelan Boulevard with the following condition: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. Minutes—April 26,2022. Approval of the ordinance with the following condition: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BREWPUB IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 6280 PHELAN BOULEVARD,WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-026 4. Consider a request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial—Multiple-Family Dwelling) District located at 10425 Eastex Freeway, Suite 100. Tammi Scott is requesting a Specific Use Permit to allow a drinking place at 10425 Eastex Freeway, Suite 100. Ms. Scott states that they plan to offer a family friendly environment; all of their classic flavors are available in a non-alcoholic option. This location will have a drive-thru window offering to- go daiquiris as well. Hours of operation will be Sunday from noon until 10:00 p.m., Monday- Wednesday from 2:00 p.m. until 10:00 p.m. and Thursday-— Saturday from noon until midnight. This use is compatible with uses to the north and south of the property. There will, however, be a 12'x 60' outdoor patio area next to the building where they plan to host game nights, karaoke and live music. This could be problematic due to the residential properties directly across Old Voth Road. A sound barrier must be provided to protect these residences from loud music, etc. In addition, the drive-thru lane will be placed between the restaurant and the patio. This could potentially create a hazard for patrons accessing the patio by crossing the drive-thru lane. In addition, adequate protection for the patrons in the patio from errant vehicles should be provided. At a Joint Public Hearing held on April 18, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial—Multiple-Family Dwelling) District located at 10425 Eastex Freeway, Suite 100 with the following conditions: 1. Provide an eight (8) foot sound barrier along the entire west side of the outdoor patio area. 2. The layout and design of the drive-thru and patio need to provide adequate protection to the pedestrians and patrons from errant vehicles such as columns, bollards, Minutes—April 26,2022 pavement markings and directional signage. Final approval subject to approval by City Engineering. Approval of the ordinance with the following conditions: 1. Provide an eight(8) foot sound barrier along the entire west side of the outdoor patio area. 2. The layout and design of the drive-thru and patio need to provide adequate protection to the pedestrians and patrons from errant vehicles such as columns, bollards, pavement markings and directional signage. Final approval subject to approval by City Engineering. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 10425 EASTEX FREEWAY,SUITE 100,WITH THE CONDITIONS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS . DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-027 5. Consider a request for a Specific Use Permit to allow a commercial strip center including.a laundromat, retail and office space in a GC-MD-2 (General Commercial — Multiple-Family Dwelling —2) District located at 2855 N. Major Drive. Aaron Ward, of Faust Engineering and Surveying, Inc., is requesting a Specific Use Permit to allow a commercial strip center including a laundromat, retail, and office space at 28.55 N. Major Drive. This property was annexed in 2016, and zoned to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2)_in 2018. Existing development on this portion of the west side of Major Drive was existing when the annexation took place. Mr. Ward states that possible uses may include a laundromat, retail, and office space. The site will include up to twelve (12) lease spaces. All utilities are available along North Major Drive and the developer states that drainage will be provided by TXDOT(Texas Department of Transportation). A six-foot-wide landscaped strip and a sidewalk will be required along Major Drive. At a Joint Public Hearing held on April 18, 2022,the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a commercial strip center including a laundromat, retail, and office space in a GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) District located at 2855 N. Major Drive with the following conditions: 1. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. Minutes—April 26,2022 2. Install landscaping to meet City of Beaumont regulations. 3. Acquire TXDOT permission for the sidewalk along Major or construct the sidewalk on private property. Approval of the ordinance with the following conditions: 1. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Install landscaping to meet City of Beaumont regulations. 3. Acquire TXDOT permission for the sidewalk along Major or construct the sidewalk on private property. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL STRIP CENTER INCLUDING A LAUNDROMAT,RETAIL, AND OFFICE SPACE IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 2855 N. MAJOR DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-028 6. Consider authorizing the Interim City Manager to execute Change Order No. 1 to the contract with Vortex Companies for the repair of the 72"Threadneedle Outfall storm line located within the ExxonMobil Refinery. On January 11, 2022, by Resolution No. 22-016, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $3,652,012.63 for the repair of the 72" Threadneedle Outfall storm line located within the ExxonMobil Refinery. Proposed Change Order No. 1, in the amount of $1,204,571.39, is required to adjust the amount of Chemical Grouting ($828,006.39) used to fill in and stabilize the soils around the top of the 72" storm line and to increase the length of the point repair($376,565.00) to bring the 72" pipe to grade. No additional days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $4,856,584.02. A ground penetrating radar survey of the storm line within the limits of the point repair was performed during design. A second survey of the remainder of the line was later conducted by the contractor which identified subsurface voids in the soils around the 72" storm line. These voids, if not filled and stabilized, could have damaged the rehabilitated pipe in the future. Minutes—April 26,2022 Surveying of the grade and condition of the pipe was performed during the design phase of the contract however, some areas were still inaccessible until construction began. It was then found that a fifty-three (53) foot section of pipe is draining in the wrong direction, requiring the pipe to be excavated and set to proper grade. Failing to do so would decrease the drainage capacity of the 72" storm line. Funds will come from the Capital Program. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO.1,IN THE AMOUNT OF$1,204,571.39,IS NECESSARY TO ADJUST THE AMOUNT OF CHEMICAL GROUTING USED TO FILL IN AND STABILIZE THE SOILS AROUND THE TOP OF THE 72" STORM LINE AND TO INCREASE THE LENGTH OF THE.POINT REPAIR TO BRING THE 72" PIPE TO GRADE, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO$4,856,584.02 AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF$1,204,571.39 FOR THE ADDITIONAL WORK,THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO$4,856,584.02 FOR THE REPAIR OF THE 72" THREADNEEDLE OUTFALL STORM LINE LOCATED WITHIN THE EXXONMOBIL REFINERY. Councilmember Durio seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED Resolution 22-117 PUBLIC HEARING . * Receive comments on the Public Services and Public Facilities and Improvements line items of the.Consolidated Grant Program's 2022 Annual Action Plan Public Hearing Open: 2:55 p.m. None Public Hearing Close: 2 ;55 p.m. . 7. Consider approving a resolution adopting the 2022 Annual Action Plan. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearing and work sessions in previous years prior to adopting the City's Annual Action. Plan. Planning & Community Development staff, along with the Community Development Advisory Committee (CDAC), has hosted a Public Hearing to receive public comments on the process and activities related to the 2022 Annual Action Plan. Minutes—April 26,2022 The proposed budget reflects estimated allocations of $1,405,240 in Community Development Block Grant (CDBG) funding, an estimated $2,000 in Program Income and $514,688 in HOME funding. Please note these amounts may change slightly before the final adoption as we receive the final amounts from HUD. Funds will come from the U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. Conduct the Public Hearing and approve the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE HUD CONSOLIDATED GRANT PROGRAM'S 2022 ANNUAL ACTION PLAN,AS WELL AS THE BUDGET OF THE 2022 ACTION PLAN IN THE ESTIMATED AMOUNT OF$1,405,240.00 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING, AN ESTIMATED$2,000.00 IN PROGRAM INCOME AND$514,688.00 IN HOME FUNDING. Councilmember Neild seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-218 COMMENTS Public Comments (Persons are limited to three minutes) Michael Finnell 3255 Cartwright Beaumont TX Stated that he has lived in Beaumont for 48 years, he worked at ExxonMobil for 16 years, he knows that what he's speaking about is out of the.Councils jurisdiction but wanted them to know that something was about to happen in Beaumont, stated that there was a lockout of 600 people recently and people were lead to believe that it was because of seniority and safety reasons, that's not the truth, the lockout happened because he was attacked, accosted and abused and when he refused to change his story everyone was kicked out of the refinery, he made other comments regarding himself and ExxonMobil, he hopes to revamp a law that is 58 years old and that's the Civil Rights Act of 1964, state d that this law is preventing him and others from getting justice in this type of situation Brian Nepveaux 3415 Laurel Beaumont TX Stated that he had the pleasure of serving on the Community Development Advisory Committee, glad to see that all of the money that was allocated was allocated, looking forward to finishing out the remainder of the year with a new task and that is to take the unallocated funds from the last two years and maybe have a worksession to see what direction Council would like to see the CDAC Board go and the board would like to come up with some new ideas to pass by Council Minutes—April 26,2022 Christopher Jones 1045 Doucette Ave. Beaumont TX Spoke to Council regarding a matter of discriminatory practices, a threat to.public safety, and pedestrian access here in the City of Beaumont, specifically safe public access for pedestrian walkers, bike riders, and citizens with disabilities and assistive devices, the issue of having safe sidewalks and pedestrian crossings at all railroad crossings throughout the boundaries of the neighboring communities of the city, citizens that choose to walk, cycle or use wheeled and assistive devices have noticed that when attempting to cross railways, the sidewalks if provided are not complete in its connection to the other side of the track leaving them restricted to complete and safe public access, also Washington Boulevard was recently reconstructed and none of the railway crossings along Washington has safe pedestrian crossing installed, this issue is also restricting commuters from access to the services and resources located in and around offices, after closing and discontinuing the Main Street and Pearl Street access, many citizens have found it difficult to gain access into the downtown area especially during peak traffic hours or after torrential downpours, tropical storms and hurricanes, the city and TxDOT are asked to perform a study to make accessible a cross-way that can be elevated and accessible by vehicle and pedestrian commuters, there's more information that can be provided with personal testimony from citizens and commuters if needed Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - REMINDED CITIZENS OF THE 311 SYSTEMS, ANY TYPE OF PROBLEM THAT CITIZENS MAY HAVE THEY CAN CALL 311 WHO WILL GET THEM IN TOUCH WITH THE RIGHT DEPARTMENT,ALSO STATED THAT HE WAS RIDING HIS BIKE EARLIER AND NOTICED THAT SOME CITIZENS WHEN PUTTING OUT THEIR HEAVY TRASH, ESPECIALLY LIMBS AND BRANCHES ARE ACTUALLY PUTTING THOSE ITEMS IN THE DITCHES,ASKED THAT CITIZENS PUT THE DEBRIS BETWEEN THE DITCH AND THE STREET, WHEN THE ITEMS ARE PUT IN THE DITCH IT AFFECTS DRAINAGE COUNCILMEMBER GETZ- ANNOUNCED THE ORIGINAL 1925 MOVIE PHANTOM OF THE OPERA, WHICH. IS A SILENT MOVIE, THAT WILL BE ACCOMPANIED BY THE FULL SCORE OF THE ROBERT MORTAN WONDER ORGAN,THE ORGAN MAKES EVERY SOUND KNOWN TO MAN,THE ORGAN WAS DAMAGED DURING ONE OF THE STORMS AND HAS SINCE BEEN RESTORED,ENCOURAGED EVERYONE TO GO TO THE CITY'S WEBSITE AND PURCHASE A TICKET AND TO ATTEND, THE MOVIE WILL BE PLAYED AT THE JEFFERSON THEATRE, STATED THAT THE CITY HAS RECEIVED TWO MORE _. LETTERS FROM ORGANIZATIONS SUPPORTING THE BATTLESHIP TEXAS COMING TO BEAUMONT, ONE IS THE BEN J. ROGERS VISITORS CENTER AND THE BEAUMONT HERITAGE SOCIETY COUNCILMEMBER TURNER- ASKED THE INTERIM CITY MANAGER IF THERE WAS A WAY THAT THE CITY COULD DO A WORKSHOP TO INVITE DIFFERENT BUSINESSES TO ATTEND THE WORKSHOP TO EXPLAIN THE PROCESS OF BIDDING AND HOW TO GO ABOUT IT AND TO DO Minutes—April 26,2022 THE SAME WITH THE CDBG FUNDS TO EDUCATE CITIZENS ON HOW TO APPLY FOR SOME OF THE MONEY THAT'S AVAILABLE, ALSO COMMENTED ON THE ISSUE OF THE WATER METERS IN THE YARDS,PARTICULARLY IN THE FRONT YARDS WHICH HAS BEEN A HUGE CONCERN, STATED THAT IF THE METER IS DAMAGED IT AUTOMATICALLY GOES ON THE, HOMEOWNERS BILL, SOMETIMES THE METERS THAT GET DAMAGED DUE TO THE LAWN SERVICE OR LAWN MOWER DAMAGING THE METER, SOME CITIZENS CAN'T AFFORD TO PAY THE COST OF THE DAMAGED METER,WANTED TO KNOW IF THIS ISSUE COULD BE LOOKED INTO ESPECIALLY FOR SENIORS COUNCILMEMBER FELDSCHAU - STATED THAT AT TODAY'S MEETING THERE WERE SEVEN PROCLAMATIONS, THERE ARE A LOT OF GREAT ORGANIZATIONS THAT ARE SERVING THE CITIZENS AND DOING GOOD THINGS TO MAKE BEAUMONT BETTER, THAT'S EVERY REASON TO BE PROUD OF OUR CITY AND TO DROWN OUT THE NEGATIVITY,PROUD TO BE A PART OF THE CITY OF BEAUMONT MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - ABSENT Open session of meeting recessed at 3:26 p.m. EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.071 of the Government Code, to wit: Claim of Daniel Michael, Jr. * To discuss and/or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: Project Deep Blue Project Mercury . Audwin Samuel, Mayor Pro Tern Tina Broussard, City Clerk Minutes—April 26,2022 B BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: May 10, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of$48,598.00 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department funding for Tuberculosis Prevention and Control in the amount of$48,598.00. This funding will assist the Beaumont Public Health Department with operating a clinical program to prevent and control Tuberculosis. This contract will begin 09/01/2022 and end on 08/31/2023. FUNDING SOURCE Grant funding(80%); General Fund—Public Health (20%). RECOMMENDATION Approval of the resolution RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for the Tuberculosis Prevention and Control-State Grant in the amount of $48,598.00, effective September 1, 2022, through August 31, 2023, to assist the Beaumont Public Health Department with operating a clinical program to prevent and control Tuberculosis. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of May, 2022. - Mayor Robin Mouton - c BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 10,2022 REQUESTED ACTION: Council consider a resolution approving a contract for the purchase of miscellaneous filters for use in the Fleet Department. BACKGROUND Air, Oil and Fuel filters are used by the Fleet Department for various maintenance procedures on City equipment. Bids were requested from six vendors and three responses were received. Southeast Texas Parts DBA NAPA, of Beaumont, holds the current contract and responded with the low qualified bid of$ 75,565.17. Advance Auto submitted a bid that did not include all items and included price increases that are not allowed per the contract. Specifications allow for a one year contract with the option of two renewals of one year terms at the same pricing as the awarded contract. Bid tabulation is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for the purchase of air, oil and fuel filters for use by the Fleet Department; and, WHEREAS, Southeast Texas Parts and Equipment d/b/a NAPA, of Beaumont, Texas, submitted a bid for a total amount of$75,565.17 in the unit amounts as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Southeast Texas Parts and Equipment d/b/a NAPA, of Beaumont, Texas, is the lowest qualified bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Southeast Texas Parts and Equipment d/b/a NAPA, of Beaumont, Texas, for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for the purchase of air, oil and fuel filters for use by the Fleet Department for a total amount of$75,565.17 in the unit amounts as shown on Exhibit"A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Southeast Texas Parts and Equipment d/b/a NAPA, 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 10th day of May, 2022. - Mayor Robin Mouton - OF BEAUMONT, ONT,TEXAS 6 EAU MONT CITY PURCHASING DIVISION BID ITABULAT ON TEXAS Bid Name: Annual Contract for Air,Oil and Fuel Filters Bid Number: MF0422-39 Bid Opening: Thursday,April 28,2022 Contact Person: Christy Williams,Buyer II ch ristv.wi l l i ams@ beau monttexas.gov Phone: 409-880-3758 Vendor Robert's Havoline Xpress Lube SE eYas P,a r,ts&Em'ui .merit/ir;+iAPIAM Advance Stores/Advance Auto Parts Contact Lasandra Williams gli9tX9MILD Todd Sanders Phone number 409-840-9993 4;09T8 �3T8900 409-833-1493 SECTION I $33,764.89 igagERSIG $24,551.64 Q (— SECTION II $27,799.62 $241,352.38 $13,911.62 m I SECTION III $28,350.98 $20,885.65 $20,202.00 X W Total Bid $89,915.46 $75,565.17 - $58,665.26*** Percentage Discount off of mfg. published 0 Mb 47-65% list price for items not listed Pa)Vendor days and hours of operation: 8:00 a.m-4:00 p.m. a.m 5a00 7:30 a.m.-7:00 p.m.M-Sat 800 a.m.-12:00[AR 8:300 a.m.-6:00 p.m Sun a.m.-5:00 affi,INI4F 8:000 a.m.-6:00 p.m.M-Sat 1 Vendor Hours of delivery: 8:00 a.m.-3:00 p.m. 8:00 a.m.-12 00 p.m MT 9:00 a.m.-6:00 p.m Sun ***Vendor did not bid all items,and will not guarantee pricing for the term of the contract per p.3&12 of the specifications. D BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: May 10, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to award a contract to SETEX Construction Corp, of Beaumont, for the Lawson's Canal Reclamation Planting Project. BACKGROUND The Lawson's Canal Reclamation Planting Project consists of site preparation,planting trees and seeding the section of Lawson's Canal south of Marina Drive. On April 28, 2022, one (1)bid was received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $63,500.00. Contractor Location Total Bid Amount SETEX Construction Corp Beaumont, TX $59,000.00 Based on a review of the bid and required documents received,the Water Utilities Department recommends awarding the project to the sole bidder, SETEX Construction Corp, in the amount of$59,000.00. A total of thirty (30) calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. BID TABULATION LAWSON'S CANAL RECLAMATION PLANTING BID NUMBER:WU0422-20 BID OPENING DATE: THURSDAY,APRIL 28,2022 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. ' F iff y: s,L, i t ,* cD z AMALIA VILLARREAL 0 It 9034-0 j By:AMALIA VILLARREAL,P.E.,CFM,CITY ENGINEER, DATE I.o•-•• •,• . Engineer's Estimate SETEX Construction Corp Item No. Description Estimated Unit Unit Price Total Unit Price Total Quantity. 1 MOBILIZATION 1 LS $ 1,500.00 $ 1,500.00 $ 1,770.00 $ 1,770.00 2. PLANT 151.TREES 1 LS $ 50,000.00 $ 50,000.00 $ 41,300.00 $ 41,300.00 3 PLANT LOCAL TxDOT SEED MIX 1 LS $ 12,000.00 $ 12,000.00 $ 15,930.00 $ 15,930.00 BASE BID TOTAL $: • 63,500.00 $ . 59,000.00 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Lawson's Canal Reclamation Planting Project; and, WHEREAS, SETEX Construction Corp., of Beaumont, Texas, submitted a bid in the amount of$59,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by SETEX Construction Corp., 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 SETEX Construction Corp., of Beaumont, Texas, in the amount of $59,000.00, for the Lawson's Canal Reclamation Planting Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with SETEX Construction Corp., 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 10th day of May, 2022. - Mayor Robin Mouton - 1 May 10, 2022 Consider authorizing the Interim City Manager to award a contract to Pro Pipe,Inc. of Houston for the 4th Street Storm Sewer Inspection Project BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: May 10, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to award a contract to Pro Pipe, Inc., of Houston. BACKGROUND The 4th Street Storm Sewer Inspection Projectconsists of television video inspection and if required, cleaning and removing any debris found in the storm sewer,system in accordance with the plans issued with the contract. The work will be within the City Limits starting at the intersection of 4th Street and North Street to the intersection of 4th Street and HWY. 69. On April 21, 2022, four(4) bids were received for furnishing all labor,materials, and equipment for the project. The Engineer's Estimate is $415,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Pro Pipe, Inc. - ' Houston, TX $219,040.00 SETEX Construction Corp. Beaumont, TX $373,971.00 Structural Preservation Systems Nederland, TX $515,995.17 Equix Integrity Southeast, Inc. Houston, TX $601,511.20 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Pro Pipe, Inc., in the amount of$219,040.00. A total of sixty (60) calendar days are allocated for completion of the project. - FUNDING SOURCE - Capital Program. . RECOMMENDATION Approval of the resolution. - BID TABULATION 4TH STREET STORM SEWER INSPECTION PROJECT BID NUMBER:PW0222-10 . BID OPENING DATE:THURSDAY,APRIL 21,2022 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. �i5�t'�..'OF rfxgs1Z li V�JU 4 I t. r11 • o AMAUA VILLARREAL BY:AMALIA VILLARREAL,P.E.,CFM,CITY ENGINEER DATE. It A, 90340 : i° • \XI, ONAL.EN Pro Pipe;Inc SETEX Construction Corp. Structural Preservation Systems - Equix Integrity Southeast,Inc. Item No. Code Description Estimated Unit Unit Price Total . Unit Price Total - Unit Price Total Unit Price Total Quantity MOBILIZATION.INCLUDING PAYMENT BOND. 1 500 PERFORMANCE BOND.INSURANCE,AND MOVING 1 LS S 1,940.00 S 1,940.00 $ 18,443.00 S 18,443.00 S93,129.39 $ 93,129.39 $ 7,500.00 S 7,500.00 EQUIPMENT TO PROJECT. SER2 814 E'f6RSE AGREEMENT FOR FIRE HYDRANT CONSTRUCTION 1 LS S 625.00 $ 625.00 S - S - $7,216.16 S 7,216.16 $ 750.00 S 750.00 3 2558 TV INSPECTION FOR STORM SEWER LATERAL LINES AND 6,000 LF $ 4.60 $• 27.600.00 $ 2.47 S 14.820.00 $3.83 $ 22.980.00 S 14.00 S 84,000.00. MANHOLES,ALL PIPE SIZES AND ALL PIPE MATERIAL TV INSPECTION FOR STORM SEWER TRUNK LINES AND 4 2558 MANHOLES,ALL PIPE SIZES AND ALL PIPE MATERIAL: 15,000 LF S 4.60 -$ 69,000.00 $ 2.47 $ 37,050.00 -$3.83 $ 57,450.00 $ 7.00 S 105,000.00 5 2558 CLEANING FOR STORM SEWER LATERAL LINES AND 6,000: LF S 5.30 $ 31,800.00 S 9.65 S 57.900.00 S9.25 S 55500.00 $ 20.00 S 120.000.00 MANHOLES,ALL PIPE SIZES AND ALL PIPE MATERIAL CLEANING FOR STORM SEWERTRUNK LINES AND 6 2558 MANHOLES,ALL PIPE SIZES AND ALL.PIPE MATERIAL 15.000 LF $ 5.30 $ 79500.00 S 9.65 $ 144,750.00 $9.25 S 138,750.00 $ 10.00 S 150,000,00 7 502 BARRICADES.SIGNS$TRAFFIC HANDLING. .. 2 MO.. S 3,100.00 'S 6,200.00 $ 20,948.00 S _ 41,896.00 $48,975.42 S 97.950.84 'S 60,880.60 S' 121.761.20 8 735 DEBRIS DISPOSAL 1 LS S .2,375.00 S 2,375.00 S 59,112.00 S 59,112.00. $43,018.78 $ : 43,018.7E S 12500.00 5' 12500.00. BASE BID TOTAL $ 219,040.00_ S 373,971.00 S 515,995.17 S 601,511.20 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the 4th Street Storm Sewer Inspection Project; and, WHEREAS, Pro Pipe, Inc. of Houston, Texas, submitted a bid in the amount of $219,040.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Pro Pipe, Inc., of Houston, 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 Pro Pipe, Inc., of Houston, Texas, in the amount of $219,040.00, for the 4th Street Storm Sewer Inspection Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and- he is hereby authorized to execute a contract with Pro Pipe, Inc., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of May, 2022. - Mayor Robin Mouton - 2 May 10,2022 Consider authorizing the Interim City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to ALLCO, LLC, for the Sewer Plant Pump Replacement and Renewal Project BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: May 10, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to ALLCO, LLC, for the Sewer Plant Pump Replacement and Renewal Project. BACKGROUND On March 19, 2019,by Resolution 19-063, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of$974,960.00, for the Sewer Plant Pump Replacement and Renewal Project. Previous Change Order Nos. 1-7, in the amount of$164,491.00, are attached for your review. Proposed Change Order No. 8, in the amount of($48,460.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved,the adjustment in quantities would result in a final contract amount of$1,090,991.00 The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 8, maintenance, and final payment in the amount of$54,549.55 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-011 WHEREAS, on March 19, 2019, the City Council of the City of Beaumont; Texas passed Resolution No. 19-063 awarding a contract in the amount of $974,960.00 to Allco, LLC, of Beaumont, Texas, for the Sewer Plant Pump Replacement and Renewal Project; and, WHEREAS, on August 20, 2019, the City Council of the City of Beaumont passed Resolution No. 19-174, Change Order Nos. 1-3, in the amount of$138,000.00, were required to provide the replacement of one (1) additional high flow pump and one (1) motor due to the condition of the existing unit; and, an additional thirty (30) days for the installation, thereby increasing the total contract amount to $1,112,960.00; and, WHEREAS, Change Order No. 4, in the amount of $12,603.00, is requested to address the existing four (4) pump pedestals on the project which was discovered during the construction that the existing pedestals needed additional support which will effectively secure the work already completed on the pump replacement; and, an additional fourteen (14) calendar days will be added to complete the work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City-Manager be and he is hereby authorized to execute Change Order No. 4, in the amount of $12,603.00 for additional work described above, thereby increasing the total contract amount to $1,125,563.00 for the Sewer Plant Pump Replacement and Renewal Project; and, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2021. ' P kV^ - Mayor Becky Ames At,vokum04,"4 oV � P o i • CITY OF BEAUMONT natp• April 21,2022 . Pm)act Sawa:Plant Pump Raplacemnnl and Ranewat County: Jefferson - DhDtct Dwumont Contract Number: Ism H0.WU1219-0a - - - Oeman Cly of Beaumont Contractor: Most C.O.NoJ N(Mal ChangeOrdv) I - •. -• . • THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECRICATIONSPRE HEREBY MADE:• :. .. • • ••• . s• • . .1 Thh chn gn orderr9l.4 cot Ills esbmatad gaault:es h the con ractlo tallest the aohal quantBea used In Um wnplelbn of Ea proJoot - Rem No, Item Code DESCRIPTION .. Untt Od9mal .Chergafn Unk Prks Total Quantity Ouan50 ll . DELETE ••S Al 20000 Addlfin0Alamata far lheRecond1.04p of E0datng 20 MGD Headeork0 •L$ 1 (1.00) S 12,15000 0 (12.160.00) Pump and Mohr• AddRre NIEnals for the Reconde onhg of Bdsfig 10 MGD Headmen; A2 20000 Pump and Mohr LS 1 (1.00) s 11,700.00 S (11,700.00) - 20000 Additive ANarmle torlha ReeondlionbgoTFsslh2High RcWPump Ls 1 (1.00) S -10.000.00 S (10,000,00) • (NO MOTOR) • A4 20000 AddiheARenale RI the Rat ondifonhgotedrtg Nlph Water Pump LS 1 • and Motor (1.00) S 11050.00 S (14,600.00) . " TOTAL AMOUNT OPTHIS CHANGE ORDER (48i460.00) . • - • .. aw0AJNJO DAYaenLLa5mmEntOT11s0NAN0EOA06A• ( .. ORIGNALCONTRACTAMOUNT: - S 974.100.00 •NET FROM PREVIOUS CHANGE ORDERS ' $ 1G,490.00. TOTALAMOURITOFTHIS CHANGE ORDER: $ (49.460.00) PERCEHTOFTHISCHANOEORDE7i: 4.97% TOTAL FEMUR-CHANGE ORDORTO DATE - 11.909E NEW COHTRACTAMOUNT. S 1,090,991.00 •" CONTRAcY1IME ORIGNALCONTRACTTIME: 300 calendar days ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS 195 calendar days ADDITIONAL-TIME PERIMLS CHANGE ORDER: 0 calendardal's •• REVISED CONTRACTTIME 495 calendar days 'ContradcradaMMedges and agrees Dultne acgustments h contracprka and contract lime stlpdalyd h this Change Wes represents Ern comer-radon for ell Increases end decreases h 110 cost of,and Via ILsa ragWed to pmfnlm tha artea wok under the contradatingdledy W hdOedyfom thlsChange Oulu and a0 pratiousClrangs Orden. Acceptance of We wales:sond*dasan avowal b00900n Weer and CunlraCMDlalTa Chnnga Order represents ana0 hanho,Ousuallyagreed upon adjustment loft Congest and Mal ConlcadorNMwake of riilnh Ole adahn on this Chantla Ordarsha/If properyelme:dee ACCEPTED 1r'\) -t✓� 1 PREPARED BY: ArtCD, DATE JDN WPW7ai,' DA- WATER • ti'' ON MANAGER 6MAU VMT AARRTAL.P.G_\V\ a r .�' DATE CJrPEDGNEER 14• •RDF PUBLIC MIMES ■ TECNHOLODTSEE4100 APPROVED BY: ATTESTED BY: C1INSWONS DATE. TL'r69RDLWARD DATE CRYMANAOERMJJIena CITYCr.EFK • • • • • • • • • • • • CITY OF BEAUMONT Dat0: JanUnry0,2022 Projacl: SiwarPlantPumpRoplacamcnt and Renewal County: Jolla:ion - Dlehiol: Boaumont • Conitae,Numhuf DID NO.WU1219.08 Ownor. City ofBoaumont Contractor: ARco C.O.No.; 7 - VIE FOLLOWINOOHANOPS IN T11EPLANS ANDIORSPECIFICATSONB AREH[inEBYMA0Es - I 'Toropleco Mc IMIoVnts 20 MOD hoodnrodsa pump plpo aupportvAA o autnlm Moo)ono:Mho Donau connadbn Rom No.I Item Coda I DESCRIPTION Unit J Od0(rul Isu OhonsoIn I Unitpdoo , 7bld _ OunnI1N Onllty ADD C07 I - Ilneln0 61aWoasSlo1IPlpofluppad(or 20MOON°odnorkSPump I EACH I 0' 1.00 IS 0,007.00 S O.003.00 SWITOTAI $ 0,903.00 TOTALAMDUNTOF THIS(MANGE OROEN S a,DD3A0 _ . SO CALEIm4 DAYsWLLHe;Woe01OT11119@W I0¢OR@fl ORIOIIALCONIISAOTAMOUNR S 074.000,00 NETFROM PREVIOUS CHANOEORDERti, $ 1E7.40E00 TOTALAMOUNTOP TIPS CIANOEOADER: 0 m,ODS.00 . . PERCENTOF7H19CHANOEOADER: 0.72%" TOTALPERCENT CHANGE ORDER TODATE: 10.87% NEWCONTRAOTAMOUNT: S ". 1.139.461.00 • CONTRACT TIME ORIGINAL CON TIACTTD,IE 2O0 calm ndardaYa ADDIIIONALCONIRACTWIC PER PREVIOUS CHANGE ORDERS: 10S alandardaya ADDIRONALCONTRACT1IME PEN THIS CHANOEORDEN: 50 calends,dip . REVISEDCONTRACTIIME - "40Salendardrya CONDITION OP CHANGE: 'OoNeel0ticl0 wlaagotanda raoa0salDmou/uImWsinconWclpdnsnaeemndlmautpulildIMhucNnyoOsdarnptatonhuMoeonpamallonforatlIncr and etaetlant In Ina cost ol,and Mu mgWco to Forum lM an0ayro,HuMa,IM coattail Mdnp du adyertn0hcllyrmm INa Chins,OM,Ind,0ptavlout Cha090 0Nara. Ay-opium olltds%Ilya:constholoo on summon)between Own,:and ConUattorthd Om Chins@ Oast nytaumIs on AD ROAM%mulualy onraid upon AdJaAmtrA to Dm cardiac% mud Umconhulornll ANAald2Nato To aeohtanNb Chump OrdtroferllI,PIPPIN OuecNad! ACC TEDBY; PREPARE BY: lib ZZ, ~ Pa„.- iii0/70 Z. C.Rep ! f DATE JOHN, Flab,et Da WATER TMDII0E1101 RAOER • REVIEWEDBYt :7á,wn "" i-ii OATS CITYt710WEZ1 DIRECTOR O►fUEUOWO0HSL TEOIIHOLOOYUFJIYICED APPROVED BY: t........- 1 L.- A7 1 D BY: -G1E mA4O � a� mstauY® DATE iUAottoualAhv � vole CRY Mw000cR" CRY CLEAN �a 1- /t- 2 ` ®_..oaaepq alas• , %M044 Q‘ �d (' as ' , Er.AtiMDrlr,grXn:. • CITY OF BEAUMONT Pales . . • Au0ust 20,1021 . Project: • Sowar Plant Pump Rapinoomonl and Ranowit County: - - Agora on - DLlrict: Dcaumont Contract Homburg DID NO.WU1219•00 . ONnoo City of Beaumont Co:droclor: Alico C.O.No.: 6 7NE FOLLOWING CHANOes IN THE PLANS AROMA sP✓DIFIaATICNS AKEHEREBY MA0 E: I Duo to delays on Din modiacatlons of IhoNph now pumps,lho City had a Moroni pump hslallod during tho deleypodod In order to provldo addNonel capocty al Iho WaslewdorTtnolment . Phellis Chimp)OMotso6h oddastCo solo pinto fat lhin1odilodpump. limn.No.I Rom Cods I DESCRIP1IOt1 I Unit I Odglnal I ChanOetn I UnitPdeo I Total • Quantity CluanUN • ADD • Coo .I • Italian and loyal Cola Plato.InctdIngInspniton and Confrmalton I EACH I 0 1.00 6 0,095.00 $ 0,09E00 • SUBTOTAL $ 6,096.00 tOTALAt OI NTOFTHISCHANGE°RD IR $ 6,006,00 . - • acALENONSDAVsyinocIt0p60101NISCHNI020nDen CRIOINALCONTRACTAMOUNT: $ 074.900.00 HETFROM PREVIOUS CHARGE ORDERS: $ •• - 150,603.00 TOTALAMOUNTOP THIS CHANOEORDER: 3 0.085,00 • PEACENTOFTHISCHANOEORDER: ' 0.71% TOTAL PERCENT CHANGEORDER TO DATE: 10.161E • HEW CONTRACTAMOUNR 0 1,132A66.00 CONTRACTTIME ORIGINAL CONTRACT TIME: • 300calondardavit ADOMONAL CONTRACTTIME PER PREVIOUS CHANGE ORDERS: 100 Wands/days ADORIONALCONTRAC TIMEPERTHISCHANGEORDER: 6calends:doys REVISED CONTRACTTIME: 405 calendar days CONDITION OF CHANGE: • ' 'Conitactaracknowiedges Inds:cos that(ha adjuilmenta In conlrad On and contract Urns silpulded In Ns Cheeps OrdsrrepuunN MI compsmaUon tor all Irma:is and Camases hlho costal,and IhoIlmoy�gylrad to perform Iho anus woikundsrthe contraAadstnp dlndyorinwvaify tromp!'Change enter and s0 pavlova Chinos ardor. AuapUnaoflhla want coniUlNn op-igresmini bsiwainownUrandContaclotlhsllheCMngoOMsrrapuo.niaanall fnstol o,mutuayapmsdupon sdluilmoM lo the Contra:I. and thatConWelorw5 wat9it. f10Ruelalnon this Chins Odorant:Its pupsyoxeculad! - - ; - ACCEPTEDB � O PREPAR Yt Ancoll0- - ' 0 TO JOHNP AM OIL I DATE WATE IEE 066IOIJNN1AaOR REVIEWED BY: SY ,a,/,‘" Al • RE W1 PPU„ E. % �oA MRTBMTHOWI aK 8-23-7 I. . . 0A7! . COY ENOWD:R - DIRECTOR Or PUOUG wornK%6 - - - 000IINOtAOYfMVNEP APPROVED BY: A 9 EOBYi e ......... L (....;.... . IC117-14456 • KYIENAYEO • � DATE 0 U 41L. - a#l �.✓\3 CRY MANAGER �'C►ERK DATE • . g- z3-2-t . ..1111, alp U Mo �1 1)'- 11 . • 1111i 04 ,sue . • • . CITY OF 13EAUMONT Dale: - ''March16,2021 • Projocl:. Sewer Plant Pump Roplaomont and Renewal • Calmly: Jefferson - - ' . .Dietrich: Beaumont CentractNumber: ' BID NO.WU1210.00 ' .. . Owner: City of Beaumont . Contractor:- Alice; - • C.O.No.: ' .6' . . . -.____-,_._,-_.,-,--•,-..:-. ThEFOLLOWING CHANGES IN THE PLANSANDIOR SPECIFICATIONS ARE HEREBY MADE:—=::•--s.-. •.-:::I Due to the unforseen alignment Issues.the 20 MGD pump will require the Installation of a spool piece to make up the distance between Ike discharge side of Ike pump end the existing loudest piping.The work on this change order Is being provided end performed by the contractor at no cost to the'City. Ram No. IlemCodo • Odginol Change In DESCRIPTION UnitPdeo Total Unll Quantity• Quantity . . .. .. - .. ADD .. .. . • 2 2000 Install Ductile Iron Flange to Flange Spool Piece EACH 0 1.00 5 • - S - TOTAL AMOUNT OF THIS CHANGE ORDER S • - -, ::. ,..,._ -_-:_. - •..:...:owomuHO DAYS VALL OEAOOeo TOT is civnNOeonoan ;-.._, -• - _ .. .. ORIGINAL CONTRACTAMOUNT: 3 974,960.00 NET FROM PREVIOUS CHANGE ORDERS: $ 150.603.00 • • - TOTAL AMOUNT OF THIS CHANGE ORDER: S. • - PERCENT OF THIS CHANGE ORDER: - 0.00% TOTAL PERCENT CHANGE ORDER TO DATE: 15.45% NEW CONTRACT AMOUNT: S 1,125,583.00 CONTRACT TIME ORIGINAL CONTRACT TIME: 300 ca1endardays • ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS: 160 calendardays ADDITIONAL CONTRACT TIME PER C05: 0 calendar days REVISED CONTRACT TIME: •.•.460 calendar days • CONDITION OF CHANGE; ' 'ContractoracJaov4odgos and agrees that the adjustments In contract price and contract limo stipulated in Ills Change Order represents fug compensation for all Increases i - end decreases In the cost of,end the limo required la performtheentir workunderErecontracteridngdrect Ind irectly Or der Acceptance of Ws waiver cenuiliuies on egreemuntbatwann Ownorond Contractor that lbs Chenge Orderrepreonni.en oil inclusive.muivaliy agreed upon odiusbncnl 10 the Contract. and that Conlraclorvfil waive oil rights to Gra a claim on this Change Order after II Is properly executed ACCEPTED BY: _ PREPARED BY: - _ • 3 is' Z 3/ �/z. ALLCO,LLC-REP DATE I JOHN PIPPIt Err. p� DATE WATER lilt S DESION LWIAa6R REVWWEDBY: REVIEWE Y: �� 3l►�a ► 3-n-z AMAtrAVILLARREAL,P.E. ... DA T THOWUet - DATE CITY EttOINEER DIRECTOR OF PUBLIC WOnits a TEcHHoLOOYelnw00S APPROVED BY: ' t ATTESTS Y: a> 12111 it KYLE HAYES DATE TWA DROUSSARO 7 Y`vav •DATE • - CITYMIUTAOER CITY CLERK . • 3" z 2, L �,�.G'��®� • ®4 'Va. p 61 '1` f . taenori 8 ®� 41 0 t� �® ��q ! ran ' , r • ti .It CITY OF BEAUMONT Palo: January 2o,2o21 +o4• Project: Dewar Phial Pump Roptacmonl : County: Jefferson '~ Dlatrleti Boaumont Contract Number: DID NO.WU1210•06 .•`�? Owner: City ofDoaumont • Contractor: Allcoill C.O.No.t 4 .i� THE FOLLOWING CHANGED IN THE PLANS ANDIOR SPECIFICATIONS ARE HEREBY MADE: : • 1 ?,it IDuo to the degrading condition 01 the Mang poop pedeslols,mulls am nondod to ensure that lhoy are able to support odsfng dachafgoWWAg. 2kt N;? IlomNo. Rom Coda I DESCRIPTION Unit Original ChenneIn Uni[Pdce Total i queallN quanllW :`., • ADD :NI D I..._. 2000 'Roadworks Pump PodostelModifications LS I D 1.00 5 12,603.00 5 12,603.00 h?: Vi TOTAL AMOUNT OF THIS CHARGE ORDER $ 12,603.OD • •- • 14 WORKING DM VALLEE ADDPDTOW UCHANGE ORDER . - Fis5i ;may, ORIGINAL CONTRACT AMOUNT: $ 074,980.00 #i< NET FROM PREVIOUS CHANGE ORDERS:. $ 138,000.00 TOTAL AMOUNT OF THIS CHANGE ORDER; $ 12,003.00 IN PERCENT OF-THIS CHANGE ORDER: 1.20% •'? TOTAL PERCENT CHANGE ORDER TO DATE: 15.4555 1Z: NEW CONTRACT AMOUNT: $ 1,125,503.00- 3 Z CONTRACT TIME ... ORIGINAL CONTRACT TIME:_ 300 caton der daya w;Y ADDITIONAL CONTRACT TIME PER CO1: 30 cnlandordays ••,: v,) ADDITIONAL CONTRACT TIME PER C04: 14catonderdays. a,•`. REVISED CONTRACT TIME PER THIS CHANGE ORDER: 344calendar days t ACCEP EDDY:/ PREPARED BY: '-->> \f ...7--- i Cy', "/ ' i/to/z/ • i/4)4( AltO0.LLC••E DATE J01U1PIPP 515,EIT, / DATA :+: WATER 5 DESIGN MANAOER i.;�, }r REVIEWED BY: REVIEWE '• k ' , ,\\w„,,,,& ii• ilDa)1 /-,zo- AMAUA VILLAt4ReAL,P.6, DATE FIT ARTHO K. /1,111141" DATE """___/// CITY ENGINEER DIRECTOR OF PROW WORKS d TECHNOLOGY eERVWEa - '•.��:2 APPROVED BYi A ESTED BY: 1: 1„,......... t L.........-. t / YJZ a b 11 I 4 CtA9 I k9 r2 161 ii.-.?; KYLE HAVES - DATE 1A11 U A D DATE - •7%'. CITYMAHAOER coy cLERK - - , mot 1- 27-21 • : ,. " 0 0 s,„.,4.---, • ,-,. .'..tv ,,,_ 06... ,• •.„ , :.; r sr;Hn:tn arir rt;xns 'Z' i �44 q• �.g :rL' i`-ti . . . ... I 1 i � cff►'On.11EAUMONT Doles November 6,2070 - + Project t Setter Plot lumplteplaccmenl nod ltenemd County t Jefferson ('., Ublelcit Dennmont Cnnimct Number; DID NO.W111219.06 Owners - City ofnenumuns ,� Contractor,; ALLCO,LLC t l Clump Writ 3 ' ...'TIi O1.lAlyINOCIIm% CESINTIMsl'LANS/NDIONS1�>t(�iVlCA iQIhSAMiRNEREBYMADE,• . . Thu broom impeller specified for limo 10 MUDJlcadworks pump was delnyed In prorktcltoi.II is proposed(hal the IO MOD Houdworks pump will lie fitted with o reugrormycast iron Impeller with n Dolma coaling.Thu lira)cast iron impoller received by Ike City was installed and experienced donne due to or unknown enure.A second Dd ionn canted curl iron impeller will bo htslnllcd cilia cool to the City until Um specified broom impollcrm bar'.Tito bronze Impeller will be Installed and die cost Iron impeller removed for storage allimo wage sealer Ircaimenlpinhl0)no cool laIhoCity.'limoenwbig1 UMW pump specified to replace Iho existing pump ntthewaste t' %solar Iroalnlenl plaid was incorrectly sized.To remedy Ilto siluolion,Allco will adjust limo discharge piping.Tire adjustment includes htslnlling n new spool piece end reconstruction of n portion of limo concrete minding wall In order to accomodole limo dischatgo'piping.Tito work on lids change micas being provided mtd performed by rho contractor al no cost 10 limo City. Item No. Item Code I Deaeriptlon UM • Orighml Qimntily Chos a In Un111 rite Tulol •Ounnnllly • AU)) - • Cost lion bnpollcr-Delsono Coated for the 10140D 1ieadowrks Pomp 7 10000 Unit,lnciu1ing!intonation rind lleplotentenl Olt Mono tmpelke EACH 0 I S • S - Once Coot !: - ReplteingConerclelVall%�inh�l100PSICantr<te,�falddnglslntng t..• 0 20000 Rau Ralnfotennent,Install Arc Foot Long l'cefoUdentid Flange le EACH 0 I S - S - 1.: FlangeIipcSpool ' . • _ _ TOTAIn • S - 1., b li t)Ilicirito)AY$AYILL UEAUDED TO TiIiS CONOE ORDER.. • OItt01NALCON[RACI'AMotINph S 97406000 • NET FIIOMI'REVIOUSCIIANCE ORDERS I • S 138,000.00 ' • TOTAL AiIOUNTOPTIIIS CHANGE ORDER$ S - PERCENT OFTIIIS CHANCE ORDER 1 0 00% TOT;A1.PERCENT CHANCE ORDERS TO DATE t DI.IS%, • NEW CONTRACT AMOUNTI S /.111,960.O0 • • . i_:I ACCUPT PREPARED DY: 1' I II G/� AILCO,IC-REP DATE J011N PIPPINS I MT, •DATE . ` 1YAT111tIt ' DISIONMANA R • tICOMAIENU UY: la ID �) • ��h ``I 1aoao 1///3/2o AMALIAo HILLER EAL.P.n. DA t P art" fi I CITY U��Y s�I'n ��s APPROVED BY: L i L rSTGDny: i A il 11 .16.ao :.: KYLUHAYES nag AD OUSSARD DATE CiTY MANAOIIII CITY CLERK: • • //'It — Z 6 +,+0.+��qk . .7vs ,UMO/yj %11 of i S :jjjji y 01 :1 41°A4VOe+�+ 1 CITY OI?BE+AUMONT DATE: 1113170,,S010 - . PROJECT: Seger Plant Pump DepUcemmt cud Renew') OWNER: CITYOSDEAUMONT CONTRACTOR:. AUco,LLC CHANGE ORDER: S THE POLLOMNGCHANCESJNTREPLANSANDIOR SPECIFICATIONS ADEREREDYMADE: Tit Muse Orderinludes WaaddRionof116akadsrdassto Uk Contract to account fordelplYdmingdnsubmittal processfmm the nuneactoter. 1 AddlVdltc Constmcdpn Lems arrItor Quandges to Um Contract IIE6I ITEttt DESCRIPTION UNIT DID QUANTITY ACTUAL QUANTITY TIMTPIUCE CHANGE ORDER AMOUNT NO. CODE - - - - - S - S - .. TOTAL AMOIINTDEDVCTTIDSBOm TIEECON;'RACT S H6CALENDARDAYS\YILLDGADDED TO TIIECONT RACT .. ODIGINALCONIRACTADIOUNT i S !N96MA0 , NET TROIA PREVIOUS CHANGE ORDERS: - - S 110.000.00 I .. TOTAL AMOUNT OS TRH CHANGE ORDER: S - PERCENTOBTDIS CHANGE ORDER: 0.0D% TOTALPERCENT CHANGE ORDERS TO DATE I4.1614 NEW CONTRACTADIOUNTs S 2,111y60.0D ACCEPIEDDY: / . , - SA Iflir tr i ��.y •DATE PItePAEEDDY:10lOIPII'YINS.',IJf • + DAI& '�� .. COIURAf/�// I WA o . �s Df90NMANAOER 1 9ECOMMFImIDBY: f—// /�� / ✓ 0g—`^o RECOMMENDED BY: .m,- �-' % 1 ■A%M N. r;- 1 / DATE s I'. IM .Y DU ' n - 17 • .i a DRaFPDEUCIYOAESSTECIDt0LOOYSEILVICES t :0AEEM •• I ` .,..^/�//y APPEOVEDDY: l f_ ATIESD:DBYt ' - k )J I �J.I S AI �N 6 �V I:YLEIIATES DAIS IRIABROUSSMD 'ATE c241oz.o .4,—.• OFle`JMo4 '1 „„A"6 . 4---, - - ,.•Vol �g _ efnuc;nia,T,txas. ,00 • QQ+1,p `AJNAA\®An / asp CITY OF BEAUMONT DATE: July 29,2019 PROJECT:- SewerPhmt Pomp Replacement and Reoemd OWNER: CITY OFBEAUMONT CONTRACTOR: AIlco LLC CHANGE ORDER-: :7 .. . THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARC THEREBY MADE: Include an additional new high flow pump and motor in the Contract This change is based on the current condition of the remaining high flow pumps. Add/Delete Construction Items and/or Quantities to the Contract: ., .. -CHANGE ORDER DESCRIPTIONmot CODE" UNIT .'BID QUANTITY ACI'UALQUANTIYY UNIT PRICE - .AMOUNT 4 Purchase and Install New High Flory Pump and Motor(Plowserve Model IS 1 - 21AFV•DL 1 or Equal) 2.00 S 13a,000,00 S 134000;00 _ S TOTAL'AMOUNT ADDED TO THE CONTRACT 138 000.00 ORIGINAL CONTRACT AMOUNT: S 974,960.00 NET PROM PREVIOUS CHANGE ORDERS: TOTALAMOUNT OF THIS MANGE ORDER: • 13a,00oA0 PERCENT OF THIS CHANGE ORDER: - 14:15% TOTAL PERCENT CHANCE ORDERS TO DATE: - - 14.15% NEW CONTRACYANIOUN7': • S 1,112960.00 CONTRACT TIME Original Contractible: 300- ' Revise CoOrntmo.I: 30 • Revised Coatraet Tune:'330 PRFTAAFDDY: v'. ••; - HN PIPPINS Ill.Eli.WATER UTILIDES DCS10NPAtn_ RECOA4.SENOEDBY: X ✓ 1 MaMALAM.P .WORKS mnEcrog APPROYFDOY: Ls_. AllmrrLDYs j1A4 4 / KYLEI(AYE4.CITY MANAGER TINA TINA ,CITY /JCLERK PROJECT: Sewer Plant Pump Replacement Invoice 4: 9336 OWNER:City of Beaumont CONTRACTOR:Alleo,LLC TX-829 ENGINEER: City ofBeaumont Contract: PERIOD END: April 30,2022 ESTIMATE NO.: Eight(8) SUMMARY OF PAYMENT VALUES FROM ATTACHED SCHEDULES Original Contract Amount 974,960.00 Approved Change Orders 116,031.00 ' Current Contract Amount 1,090,991.00 Total Value of Contract Performed 974,960.00 : Extra Work on Approved Change Orders I 116,031.00 Material on Hand Total Value of Work to Date 1,090,991.00 Less Amount Retained at 0% Net Amount Earned on Contract 1,090,991.00 Less Amount of Previous Invoices 1,036,441.45 • BALANCE DUE THIS INVOICE 54,549.55 Percentage of Contract Invoiced to Date 100% The undersigned contractor certifies that all work, including materials on hand, covered by this Periodic Payment have been completed of delivered in accordance with the Contract Documents,that all amounts have been paid by him for work,materials, and equipment for which previous Periodic Payments were issued and received from the Owner,and that the current payment shown herein is now due. CONTRACTOR: ALLCO LC 30-Apr-22 T.W.Harrison-President I ----- -- Subscribed and sworn to before me this 0th day of April 2022 I .PsI MARY SET H DELORD Notary Pubh9,State of Texas? Notary Public4(1.46114 1-a-f) • r Comm.— NotaryID#Expires287955 04-12-2023 / -8 — — -- My Commission expires: April 12,2023 Recommended for Payment by: Approved for Payment by: fr 12 -6 A 5P-Cwa . Date Date Approved for Payment by: Approv Payment by: Date Date 1 PROTECT:Sewer Plant Pump Replacement • OWNER:City of Beaumont CONTRACTOR:Allco,LLC ENGINEER: City of Beaumont CONTRACT:. UNIT TOTAL PER VALUE ITEM DESCRIPTION QTY UNIT PRICE PRICE QTY QTD COMPLETED 3 I BASE BID 1 Mobilization 1 LS 40,000.00 40,000.00 . 100% .40,000.00 2 Purchase/Install New 20 MGD Headworks Pump&Motor(FB) 1 LS 304,500.00 304,500.00 100% 304,500.00 3 Purchase/Install New 10 MGD Headworlcs Pump&Motor(FB) I LS 160.000.00 160,000.00 100% 160,000.00 Pi 4 Purchase/Install New High Flow Pump&Motor(FS) 1 LS 138,000.00 138,000.00 100% 138,000.00 5 Purchase/Install New High Flow Pump(No MotorXFS) 1 LS 124,200,00 124,200.00 100% 124,200.00 ' 6 Purchase/Install New High Water Pump&Motor(FB) 1 LS 159,800.00 159,800.00 100% 159,800.00 ALTERNATE ITEMS l Al Recondition Existing 20MGD Headworsks Pump&Motor 1 LS 12,160.00 12,160.00 100% 12,160.00 A2 Recondition Existing IOMGD Headworsks Pump&Motor 1 LS 11,700.00 11,700.00 100% 11,700.00 i A3 Recondition Existing High Flow Pump(No Motor) 1 LS 10,000.00 10,000.00 100% 10,000.00 t A4 Recondition Existing High Water Pump&Motor 1 LS 14,600.00 14,600.00 100% 14,600.00 i i S I i t • • TOTAL FOR PROJECT 974,960.00 974,960.00 PROJECT:Sewer Plant Pump Replacement OWNER:City of Beaumont • CONTRACTOR:Allco,LLC ENGINEER:. City of Beaumont Contract: C/O UNIT TOTAL PER VALUE ITEM DESCRIPTION QTY UNIT PRICE PRICE QTY QTD COMPLETED Change Order No.1 1 Purchase/Install New High Flow Pump&Motor(FS) 1 LS 138,000.00 138,000.00 100% 138,000.00 Change Order No.2 2 Time Extension Change OrderNo.3 3 Time Extension' Change Order No. 4 Headworks Pump Pedestal 1 LS 12,603.00 12,603.00 1 12,603.00 5 Change Order No.5 Install Ductile Iron Flange to Flange Spool Piece 6 Change Order No.6 Install&Level Sole Plate 1 LS 6,895.00 6,895.00 100% 6,895.00 7 Change Order No.7 Install Pipe Support @ Headworks Pump 1 IS 6993.00 6,993.00 1 6,993.00 8 Change Order No.8 Al Recondition Existing 20MGD Headworsks Pump&Motor (1) LS 12,160.00 -12,160.00 (1) (12,160.00) A2 Recondition Existing 10MGD Headworsks Pump&Motor (1) LS 11,700.00 -11,700.00 (1) (11,700.00) A3 Recondition Existing High Flow Pump(No Motor) (1) IS 10,000.00 -10,000.00 (1) - (10,000.00)A4 Recondition Existing High Water Pump&Motor (1) LS 14,600.00 -14,600.00 (1) (14,600.00) TOTAL CHANGE ORDERS 116,031.00 116,03I.00 RESOLUTION NO. WHEREAS, on March 19, 2019, the City Council of the City of Beaumont, Texas, passed Resolution No. 19-063 awarding a contract in the amount of $974,960.00 to ALLCO, LLC, of Beaumont, Texas, for the Sewer Plant Pump Replacement and Renewal Project; and, WHEREAS, the City Manager previously executed Change Order No. 1 in the amount of$138,000.00; Change Order No. 2 in the amount of$0.00; Change Order No. 3 in the amount of$0.00; Change Order No. 4 in the amount of$12,603.00; Change Order No. 5 in the amount of $0.00; Change Order No. 6 in the amount of $6,895.00; and, Change Order No. 7 in the amount of $6,993.00, thereby increasing the total contract amount to $1,139,451.00; and, WHEREAS, Change Order No. 8, in the amount of ($48,460.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $1,090,991.00; and, WHEREAS, the project has been inspected by'the Water Utilities Department and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 8, in the amount of ($48,460.00), to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $1,090,991.00; and, BE IT FURTHER RESOLVED THAT the Sewer Plant Pump Replacement and Renewal Project be and the same is hereby accepted; and; BE IT ALSO RESOLVED THAT the City Manager is authorized to make final payment in the amount of$54,549.55 to ALLCO, LLC, of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of May, 2022. - Mayor Robin Mouton - 3 May 10,2022 Consider authorizing the purchase of a new Mustang CAT Generator and related appurtenances for the City of Beaumont Prison Water Tanks and Lift Station BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 10, 2022 REQUESTED ACTION: Council consider a resolution authorizing the purchase of a new Mustang CAT Generator and related appurtenances for the City of Beaumont Prison Water Tanks and Lift Station. BACKGROUND The City owns and maintains the Prison Water Tanks and Lift Station facility located near the Jefferson County Correctional Facility. The new permanent generator will replace a temporary generator and provide backup power to the site. Pricing for the generator and related appurtenances was obtained from Mustang CAT of Houston. Mustang CAT is the sole source supplier for the generator to have continuity through the water infrastructure throughout the.City. The total cost of purchase if approved, would be $175,354. Quote is attached for review. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. 12800 Northwest Freeway LIi Ui' RIi I' CPT Houston,Texas.77040 ! (713)460-2000 Main(713)452-7775(d) April 18,2022 Jerry M. Young Vice President and General Counsel To whom it may concern: Mustang Machinery Company,LLC, which does business as"Mustang CAT", is a privately- owned and authorized dealer for Caterpillar machinery, service and parts. Mustang CAT has served Southeast Texas, as the sole source provider for Caterpillar manufactured machinery and parts since 1952. As an authorized Caterpillar dealer, Mustang CAT provides warranty services related to valid and existing Caterpillar warranties. Should you need any additional information,please do not hesitate to contact me at the number referenced above. e y yours, 1Li Je . Yo BEAUMONT•KATY•BRYAN•CONROE•EL CAMPO.LUFKIN•LEAGUE CITY•CHANNELVIEW HOUSTON City of Beaumont �, Quote # 31016226 U A A`• 4/8/2022 P.O. Box 1373 . 12800 Northwest Freeway Houston, TX 77251-1373 Diesel Generator Set: C15 500 kW Qty: 1 • Description • EPA STATIONARY EMERGENCY • 60HZ 480 VOLT(WYE) • STANDBY POWER • 500ekW, 60Hz, 1800rpm • C15 D500GC PGS • UL 2200 LISTED PACKAGE GEN SET • ENGLISH INSTRUCTION LANGUAGE • STANDARD WARRANTY • ADEM A4 GOVERNOR • SPACE HEATER • ALT M3114 LASE DK • FULL POWER • C15 INTEGRAL TANK(24HR) UL142 875 GALLONS • FUEL TANK FILL PIPE& LOCK CAP • SOUND ATTENUATED ENCLSOURE • NFPA BUNDLE • GEN RUNNING & FAULT RELAY • PANEL MOUNTED AUDIBLE ALARM • 100A LOAD CENTER • 20A GFCI (CONTROLS SIDE) • 1000CCA WET BAT 90A/HR INSTAL • BATTERY CHARGER 10 AMP DUAL • JACKET WATER HTR (PUMP STYLE) • 800:5 CT RATIO • 800A SINGLE MANUAL CB LS/I • NEUTRAL BAR 600A • STANDARD RADIATOR • STD TEST-PKG GEN SET 0.8 PF • PGS TEST REPORT @ 0.8 PF • STARTUP AND COMMISSIONING • FOB TOMBALL,TX City of Beaumont Quote # 31016226 i _ Jr 4/8/2022 OAT 5OOkW Genset Price: $84,600.00 CAT 60OAmp ATS Price: $11,200.00 Service entrance, Nema 3R,4 Pole 6,000 Gallon Remote Tank With Pumps Price: $79,554.00 Delivery:48-50 weeks after submittal approval. Clarifications/Exceptions: • Proposal based on information provided by customer. •Submittals available 1-2 weeks after receipt of order. •All fuel provided by others. •Crane and rigging by others •Sales tax not included. •All customers that are not tax exempt will be charged a TERP Tax of 1.5%on diesel engines. Contact Info: Michael Agriesti Mustang Power Systems Cell: 832-857-8494 Office:713-452-7767 Email: magriesti@mustangcat.com City of Beaumont ► r Quote # 31016226 gi cAT 4/8/2022 P.O. Box 1373 . 12800 Northwest Freeway Houston, TX 77251-1373 TERMS AND CONDITIONS OF SALE 1.All prices are exclusive of sales tax and unless terms to Mustang are agreed to In advance,all prices are payable in full prior to delivery.Orders are placed at manufacturer's current list price.In the event of price changes by manufacturer,customer will pay the price prevailing at the time of delivery.2.This proposal shall terminate unless Mustang receives written acceptance hereof within the period set forth on the reverse side hereof.Such written acceptance must refer to the proposal number and date of this proposal.3.Customer acknowledges and agrees that this proposal contains all agreements between Customer and Mustang and Customer hereby accepts them.Customer further agrees and acknowledges that no verbal contracts,agreements or warranties other than what is written within this proposal have been received or given,and signature on this proposal by Customer acknowledges this fact.4.Unless otherwise stated herein,all prices are F.O.B.Mustang's plant,except in cases of overseas shipment,in which cases,at Mustang's option,prices are F.O.B.Port of Exit.Method of delivery in writing from F.O.B.point shall be at Mustang's discretion unless specifically designated by Customer.Notwithstanding any agreement to pay freight,legal title to,beneficial ownership of,right to possession of and risk of loss and damage to all merchandise described herein shall pass from Mustang to Customer upon delivery to a common carrier or licensed trucker or in cases of overseas shipment,upon delivery on board an aircraft or vessel at the Port of Exit,which delivery shall constitute delivery to the Customer.5.Every effort will be made to meet the Customer's required delivery dates but Mustang will not be liable for damages or be deemed to be In default by reason of any failure to deliver or delay in delivery due to any preference,priority,allocation,or allotment order Issued by the Government,whether Federal,State o local,or causes beyond Its control Including,but not limited to,Acts of God or a public enemy,acts of Government,fires,floods,epidemics, quarantine restrictions,strikes,lockouts,freight embargoes,unusually severe weather,unavailability of materials or shipping space,delays of carriers or suppliers or delays of any subcontractors.6.Mustang reserves the right to make delivery In Installments unless otherwise expressly stated herein.All such installments shall be separately Invoiced and paid for when due,without regard to subsequent deliveries.Delay In delivery of an installment shall not relieve Customer of its obligations to accept remaining deliveries.7.1f the product(s)is not paid for in full In cash at the time of delivery,Mustang will retain and Customer hereby grants to Mustang a security interest in such product(s)within the meaning of the Uniform Commercial Code together with all and any substitutions,additions,or accessions to such product(s),and in any and all proceeds from the sale,exchange or disposal thereof to secure payment of the purchase price of such product(s). Customer,prior to or after delivery,specifically agrees to enter into and execute a financing statement,or statements,and an Agreement between the parties in relation to the security Interest of Mustang.Customer further appoints Mustang,as it's attorney-In-fact to execute any such financing statement or security agreement in the place and stead of Customer.In the event Customer fails to execute any such financing statement of security agreement upon request by Mustang,the entire balance of the purchase price shall at Mustang's option become due and payable and Mustang shall have all remedies available to it provided for and set out in the Uniform Commercial Code.Customer also agrees to execute and deliver to Mustang any notes or other evidences of indebtedness that may be required by Mustang.However,any note taken herewith shall be evidence of Customer's obligation to pay the unpaid time balance only and is not to be considered or construed to be payment for the product(s).LATE OR DEFERRED PAYMENT SHALL BEAR INTEREST AT THE HIGHEST CONTRACT RATE PERMITTED BY LAW.6.Customer further agrees to indemnify and save harmless Mustang from all loss,damage,expense and penalty arising from any action on account of any injury to person or property of any character whatsoever occasioned by the operation,handling or transportation of any of the product(s)covered by this proposal and while the product(s)is In the possession or under the custody and control of the customer.9.In consideration of the sale of the product(s)by Mustang.Customer agrees to pay Mustang for such product(s)at Mustang's principal office in Houston,Harris County,Texas.10.In the event any action either to collect payment or enforce the terms and provisions of this proposal becomes necessary.Customer agrees to pay reasonable attorney's fees to Mustang should this matter be placed in the hands of an attorney for collection.11.Customer agrees that this proposal,upon acceptance by Customer,shall not be countermanded by him and that when it is accepted(and until the execution and delivery of the contract and note or notes required to consummate the sale of this above specified) it will,together with any security agreement,promissory note or other evidence of indebtedness executed by Customer subsequently hereto,constitute the entire agreement between the parties relative to this transaction.Customer further agrees that Mustang is not bound by any representations or agreements made b y any agent or employee of Mustang relative to this transaction unless specifically embodied herein.12.The only warranties,if any,applicable to any item of machinery, equipment or other personal property subject hereto are identified on the reverse side hereof.a.Mustang will not make nay warranties,express or Implied, regarding any item of machinery,equipment o other personal property subject hereto,and Mustang DISCLAIMS ALL WARRANTIES.EXPRESS OR IMPLIED. INCLUDING,BUT NOT LIMITED TO,ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE with respect to each such item.Customer's sole and exclusive remedy,if any,for defects in materials or workmanship with respect to any new item of machinery,equipment or other personal property subject hereto shall be against the manufacturer or manufacturers thereof pursuant to the express,written warranty,if any,extended by such manufacturer or manufacturers with respect to such products and described on the reverse side hereof.If any such express,written warranty is applicable,a copy thereof will be furnished upon request.b.Neither Mustang nor other manufacturers are responsible for any warranty other than that warranty as set out in the warrant(s)described above.Customer further acknowledges and agrees that this proposal contains all agreements between Customer and Mustang,and Customer hereby accepts them.Customer further agrees and acknowledges that no verbal contracts,agreements or warranties other than what Is written in this proposal have been given or received,and so acknowledges by his signature hereon.c.CATERPILLAR WARRANTIES extend only to parts or attachments sold by CATERPILLAR.Mustang and CATERPILLAR DISCLAIM ANY WARRANTY,express or implied,including any warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE,for parts or attachments manufactured by persons other than CATERPILLAR.d.DISCLAIMER OF WARRANTY FOR NON-CATERPILLAR PRODUCTS:Provisions in the following two paragraphs apply only to products sold by Mustang which were manufactured by persons other than CATERPILLAR.e. DISCLAIMER OF IMPLIED WARRANTIES:The parties agree that any IMPLIED WARRANTIES OF MERCHANTABILITY or OF FITNESS FOR A PARTICULAR PURPOSE and all warranties,express or implied,except for any express warranties given by the manufacturer of the product,are EXCLUDED from this transaction by Mustang and shall not apply to the products sold.f.Customer further agrees that his SOLE AND EXCLUSIVE remedy against the manufacturer of the product shall be as contained in any manufacturer's warranty forms he has received.Customer further agrees that no other remedy(including but not limited to claims for INCIDENTAL,CONSEQUENTIAL,OR SPECIAL DAMAGES OR ANY CAUSE,LOSS,ACTION,CLAIM,DEMAND,OR DAMAGE WHATSOEVER,or INJURY TO PERSON OR PROPERTY OR ANY OTHER CONSEQUENTIAL,ECONOMIC OR INCIDENTAL LOSS)shall be available to him.g.This WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES,EXPRESS,IMPLIED OR STATUTORY,INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.REMEDIES SET FORTH IN THIS WARRANTY ARE EXPRESSLY DECLARED TO BE SOLE AND EXCLUSIVE REMEDIES UNDER THE WARRANTY,AND MUSTANG SHALL NOT BE LIABLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR PERFORMANCE OF ITS EQUIPMENT.13.Customer shall indemnify,defend and hold Mustang harmless and against all claims,suits,judgments,costs,losses,expenses(Including attorneys fees)and liabilities from infringement(actual or claimed)of patents,copyrights or trademarks arising from compliance with Customer's design, specifications or instructions and the fulfillment of Customer's Order.14.This proposal shall be interpreted and construed In accordance with the laws of the State of Texas.Invalidity of any portion of this proposal shall not affect the validity or enforceability of the remainder of the terms and conditions hereof,and the parties hereby agree that this proposal shall be construed as if such invalid provision had not been Inserted.15.In the event Mustang consents In writing to cancellation, Customer shall pay Mustang,at Mustang"option,the following as liquidated damages:a.Invoice price of all goods which have been Identified to the contract, whether such goods have been delivered to Customer or not.b.Actual costs Incurred by Mustang for goods not completed which are allocable to the balance of the contract,including the cost of discharging Mustang's liabilities,which are so applicable and costs of materials on hand which were acquired or produced in connection with partial finished work and materials.c.A reasonable allowance for profit in connection with goods called for under the contract,but with respect to which production has not yet begun at the time of cancellation.Reasonable costs Incurred by Mustang,Including accountants'and attomey's fees,if any,in making any termination settlement hereunder. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a 500 kW diesel generator set for use by the Water Utilities,Department at the Prison Water Tanks and Lift Station facility from Mustang CAT, of Houston, Texas, a sole source vendor, in the amount of $175,354.00. 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 10th day of May, 2022. - Mayor Robin Mouton -