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HomeMy WebLinkAboutPACKET SEP 11 2001 Lid aw City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 11, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. PUBLIC HEARING: FY2002 Operating Budget 2. PUBLIC HEARING: FY 2002 Capital Iinprovement Program 3. Consider authorizing the City Manager to execute a contract agreement with Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds 4. Consider approving the execution of a contract with C.C.L. Management, Inc. for the management of Beaumont Municipal Transit for a period of three years, with an additional two year option 5. Consider approving a contract for additions and renovations to the Water Utilities Service Center COMMENTS • Councilmembers comment on various matters • City Manager's Report - Mechanical Robot "Pluggie" Is Back!, Billing and Collections, Health Alert Network, Demolition-Key to Neighborhood Revitalization, Charlton-Pollard Neighborhood Association Van, Purchasing Legislation • Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Negotiations with Beaumont Firefighters' Local 399 Mary A. Sonnier-Ligon v. City of Beaumont Vaughn Stephen Ayers, Jr. v. City of Beaumont, et al Claim of Margaret King Janice Haynes v. City of Beaumont, et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 September 11, 2001 PUBLIC HEARING: FY2002 Operating Budget City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 11, 2001 AGENDA MEMO DATE: September 7, 2001 REQUESTED ACTION: Hold Public Hearing on FY 2002 Proposed Budget RECOMMENDATION It is recommended that Council hold a public hearing on the Proposed FY 2002 Budget as submitted to Council on August 14, 2001. BACKGROUND The FY 2002 Proposed Budget was submitted to Council on August 14, 2001. Public meetings were held in all four wards of the City using a PowerPoint slide presentation and included discussion of significant issues impacting the FY 2002 Budget process and the challenge to produce a balanced budget. BUDGETARY IMPACT Proposed appropriation, net of contingency, for all funds totals $149,841,100. PREVIOUS ACTION As required by Article VI, Sections 2 and 4 of the City Charter the FY 2002 Proposed Budget was submitted to Council on August 14, 2001 and the notice of the public hearing was published September 3, 2001. SUBSEQUENT ACTION The FY 2002 Budget must be adopted no later than September 27, 2001. The FY 2002 Budget is proposed for adoption on September 18, 2001. Council Agenda Item Page 2 September 7,2001 RECOMMENDED BY City Manager RECOMMENDED MOTION No motion necessary. 2 September 11, 2001 PUBLIC HEARING: FY2002 Capital Improvement Program '111004or 0 ..... City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 11, 2001 AGENDA MEMO DATE: September 7, 2001 REQUESTED ACTION: Hold Public Hearing on FY 2002 Capital Improvement Program RECOMMENDATION It is recommended that Council hold a public hearing on the FY 2002 Capital Improvement Program as submitted to Council on May 15, 2001. BACKGROUND The FY 2002 CIP was submitted to Council on May 15, 2001. Public meetings were held in all four wards of the City using a PowerPoint slide presentation and included discussion of the FY 2002 CIP as well as the FY 2002 Proposed Budget. BUDGETARY IMPACT The FY 2002 CIP totals $67,101,000 and includes $57,760,000 in Public Works Improvements and $9,341,000 in General Improvements. PREVIOUS ACTION As required by Article VI, Sections 19 and 20 of the City Charter the FY 2001 CIP was submitted to Council on May 15, 2001 and the notice of the public hearing was published September 3, 2001. SUBSEQUENT ACTION The FY 2002 CIP must be adopted no later than September 27, 2001. The FY 2002 CIP is proposed for adoption on September 18, 2001. Council Agenda Item Page 2 September 7, 2001 RECOMMENDED BY City Manager RECOMMENDED MOTION No motion necessary. 3 September 11,2001 Consider authorizing the City Manager to execute a contract agreement with Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds OLi%~ City of Beaumont MR Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: September 11, 2001 AGENDA MEMO DATE: August 28, 2001 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract agreement with Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City to receive grant assistance from the State Public Transportation Fund. BACKGROUND The Public Works Department was recently notified that the City is eligible to receive $524,863 in grant assistance from the State Public Transportation Fund (PTF). In fiscal year 2001 the City received $532,960. These funds will help pay up to 50% of the City's share of fiscal year 2002 operating expenses for the Beaumont Municipal Transit System. The amount of the grant is determined by a formula used in apportioning the PTF money among municipalities within a predetermined popilation range. A copy of the agreement is attached for Council's review. BUDGETARY IMPACT The funds help pay for 50% of the City's share of the FY2002 operating expenses for the Beaumont Municipal Transit System. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. FY02PTF.CG 08128/2001 SUBRECIPIENT: City of Beaumont STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307 Subprovider) GRANT AGREEMENT GRANT AGREEMENT NO.: URB 0201 (20) STATE PROJECT NO. 51220F1004 Service Area: City of Beaumont STATE/LOCAL URBAN PUBLIC TRANSPORTATION GRANT AGREEMENT THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and the City of Beaumont, hereinafter called the "Subrecipient." WITNESSETH WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Subrecipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and, WHEREAS, the Subrecipient, as a 49 U.S.C. Section 5307 urban provider, submitted an application for state financial assistance to be used to provide transportation services as described in Attachment A; and, WHEREAS, the Texas Transportation Commission has approved the request Minute Order Number 108566; NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Subrecipient hereto agree as follows. AGREEMENT ARTICLE 1. GRANT PERIOD This grant agreement becomes effective when fully executed by both parties, or on September 1, 2001, whichever is later. This grant agreement shall terminate on August 31, 2002, unless terminated or otherwise modified as hereinafter provided. ARTICLE 2. PROJECT DESCRIPTION The Subrecipient shall commence, carry out and complete the public transportation project described in Attachment A, Approved Project Description, with all practicable dispatch, in a sound, economical and efficient manner. The Subrecipient shall carryout the public transportation project described in Attachment A, Approved Project Description in accordance with the provisions of the Project Description, this grant agreement, federal and state law, and federal and state regulations. If applicable, the Subrecipient shall begin competitive procurement procedures no later than thirty (30) days after the effective date of this grant agreement for the purchase of the approved line item(s) referenced in Attachment B, Approved Project Budget. No later than sixty (60) days after the issuance of public notification, the Subrecipient shall publicly open all bids. The Subrecipient shall issue a purchase order no later than thirty (30) days after the opening of an acceptable bid. The Subrecipient shall notify the department in writing when it is necessary to exceed these deadlines. ARTICLE 3. COMPENSATION A. The maximum amount payable under this grant agreement without modification is $524,863.00 provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment A, Approved Project Description and Attachment B,Approved Project Budget. B. The State's reimbursement to the Subrecipient is contingent upon the availability of appropriated funds. The State shall have no liability for any claims submitted by the Subrecipient or its subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not available to pay the Subrecipient's claims. C. To be eligible for reimbursement under this grant agreement, a cost must be incurred within the grant agreement period specified in Article 1, Grant Period, and be authorized in Attachment A, Approved Project Description and Attachment B, Approved Project Budget. D. The Subrecipient must submit requests for reimbursement to the State no more frequently than monthly and no later than forty-five (45) days after the date of the invoices submitted for reimbursement. The Subrecipient will use invoice statements acceptable to the State. Additional documentation to support any cost incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. E. The original and one copy of the invoice is to be submitted to the following address: Walter Crook, District Engineer Texas Department of Transportation 8350 Eastex Freeway Beaumont, Texas 77708-3468 F. The State will make payment within thirty (30) days of the receipt of properly prepared requests for reimbursement. G. The Subrecipient will submit a final billing within forty-five (45) days of the completion or termination of the grant agreement in accordance with Article 1, Grant Period. H. The Subrecipient shall pay all subcontractors for work performed within ten (10) days after the Subrecipient receives payment for the work performed by the subcontractor. Also, any retained monies on a subcontractor's work shall be paid to the subcontractor within ten (10) days after the Subrecipient receives any retainage payment. The State shall not be responsible for the debts of the Subrecipient. The above requirements are also applicable to all sub-tier subcontractors and the above provisions shall be made a part of all subcontracts. Failure to comply with any of the above requirements may cause withholding of payments to the Subrecipient and will be grounds for termination of this grant agreement by the State. ARTICLE 4. AMENDMENTS A. Except as noted below, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in Article 1, Grant Period.The Subrecipient is authorized to re-budget without a formal amendment when the proposed revision involves an increase in one category and a corresponding decrease in another, provided however, that any such revision meets all of the following criteria: 1. Does not result in the need for additional funds; and, 2. Does not exceed ten percent of the current total approved budget and the federal or state funding exceeds $100,000; and, 3. Does not involve a transfer of funds from an authorized capital equipment purchase to another category; and, 4. Does not involve a transfer of funds from training to another expense category; and, 5. Does not involve a transfer of funds from construction to a non-construction category; and, 6. Does not involve a transfer of funds from a direct to indirect cost category. C. If a proposed revision meets all of the criteria listed above, the Subrecipient must notify the State in writing before the revision is made, describing the revision, explaining the need, and certifying that it complies with the above criteria. ARTICLE 5. SUBCONTRACTS The Subrecipient shall not enter into any subcontract with individuals or organizations for the purchase of equipment and/or to provide professional services without prior authorization and consent to the subcontract by the State. Subcontracts in excess of$25,000 shall contain all required provisions required by state or federal law. Subrecipients shall furnish the department notice of the intent to award a purchase order or contract to any individuals or organizations not a part of the Subrecipient's organization when the amount of the purchase meets or exceeds the threshold level in the Government Code or Local Government Code (or $15,000 for those entities not covered by the Government Code or Local Government Code) requiring formal competitive procurement. Purchases shall not be split out to stay below the threshold amount. No subcontract will relieve the Subrecipient of its responsibility under this grant agreement. ARTICLE 6. AUDIT REQUIREMENTS Subrecipient audit procedures shall meet or exceed the audit requirements outlined in applicable Federal Office of Management and Budget (OMB) publications as follows: OMB Circular A-21, Cost Principles for Educational Institutions OMB Circular A-87, Cost Principles for State and Local Governments OMB Circular A-122, Cost Principles for Nonprofit Organizations OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations ARTICLE 7. PROCUREMENT STANDARDS Subrecipient procurement standards shall meet or exceed the requirements of 49 C.F.R. §18.36 including standards for competitive procurements; methods of procurement; contracting with small and minority firms, women's business enterprise and labor surplus area firms; contract cost and price; awarding agency review; insurance and bonding. The Subrecipient's procurement system must include but not be limited to the following procurement standards. Procurement procedures which reflect applicable state and local laws and regulations , provided that the procurements conform to applicable federal law and the standards identified in this section. A. A contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. B. A written code of standards of conduct governing the performance of employees engaged in the award and administration of contracts. No employee, officer, or agency of the Subrecipient shall participate in selection or in the award or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved.A process for review of proposed procurements to avoid purchase of unnecessary or duplicative items. C. Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency. D. Use of value engineering clauses in contracts for construction projects. E. Awards made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement, giving consideration to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. F. Records sufficient to detail the significant history of procurement, including rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. G. Limited use of time-and-materials contracts. H. Use of good administrative practices and sound business judgment to settle contractual and administrative issues arising out of procurements. I. Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure to the State of information regarding the protest. J. Procurement transactions conducted in a manner that provides full and open competition. K. These standards will only apply to the project described in Attachment A, Approved Project Description. Upon procurement of items under this grant agreement, the Subrecipient shall submit to the State a list of all bidders and subcontractors that quoted on the procured items. The Subrecipient shall submit the list with their requests for reimbursements and must include names, addresses, telephone numbers, and type(s) of work quoted. ARTICLE 8. PROPERTY MANAGEMENT The State must concur in the award of all purchase orders for non-expendable personal property as defined in 49 C.F.R. Section 18.31. ARTICLE 9. EQUIPMENT MANAGEMENT A. Management standards include, but are not limited to: 1. Maintain equipment records that include a description of the equipment; a serial number or other identification number; the source of equipment; who holds title; the acquisition date and cost of the equipment; percentage of federal and state participation in the cost of the equipment; the location, use and condition of the equipment; maintenance history for each vehicle; and ultimate disposition data including the date of disposal and sale price. 2. Conduct a physical inventory of the equipment at least once every two (2) years and reconcile the inventory with equipment records described in the preceding paragraph. 3. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be investigated. 4. Develop and follow procedures to keep the equipment maintained and in good condition. At a minimum, the Subrecipient shall follow the vehicle maintenance schedule recommended by the manufacturer, showing the date the maintenance was performed. Maintenance records shall be provided to the State upon request. 5. Request disposition instructions from the State, and if authorized to sell the equipment, use proper sales procedures to insure the highest possible return. 6. The Subrecipient will comply with Title 43, Texas Administrative Code §31.53, to protect the public investment in real property and equipment purchased in whole or in part with state or federal funds. In the event that project equipment is not used in the proper manner or is withdrawn from public transportation services, the Subrecipient shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this grant agreement upon determination by the State that said property has not been fully or properly used. B. All vehicles purchased under this grant agreement shall comply with the Motor Vehicle Safety Standards established by the US Department of Transportation. C. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casualty or fire. D. The Subrecipient shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. ARTICLE 10. COORDINATION According to Title 43 of the Texas Administrative Code §31.49, the Subrecipient will at all times coordinate the provision of public transportation services with other transportation operators, both public and private, in the area. The Subrecipient will furnish the State copies of any agreement resulting from such coordination. Agreements that authorize the payment of project funds to another entity are subject to the approval requirements described in Article 5, Subcontracts. ARTICLE 11. LABOR PROTECTION PROVISIONS If applicable, the Subrecipient shall comply with the labor protection provisions as listed below. The Subrecipient agrees that the following terms and conditions shall apply for the protection of employees in the mass passenger transportation industry in the area of the project: A. The project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within the service area of the project. B. All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees already retired) shall be preserved and continued. C. The Subrecipient shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the project. D. In the event an employee is terminated or laid off as a result of the project, he or she shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training is required by such employment or reemployment, the.Subrecipient shall provide or provide for such training or retraining at no cost to the employee. E. Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and benefits as specified in the employee protective arrangement certified by the Secretary of Labor under Section 405(b) of the Rail Passenger Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as used herein shall include events occurring in anticipation of, during, and subsequent to the project. F. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the Subrecipient, the employees and/or their representatives may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions. The Subrecipient agrees that any controversy respecting the project's effects upon employees, the interpretation or application of these conditions and the disposition of any claim arising hereunder may be submitted by any party to the dispute including the employees or their representative for determination by the Secretary of Labor, whose decision shall be final. G. The Subrecipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for in the preceding paragraph. H. The Subrecipient will post, in a prominent and accessible place, a notice stating that the Subrecipient is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). The notice shall also specify the terms and conditions set forth herein for the protection of employees. ARTICLE 12. MONITORING A. The State will monitor the progress of the project authorized in this agreement using appropriate and necessary inspections, including but not limited to periodic reports, physical inspection of project facilities, telephone conversations, letters, and conferences. B. The State shall monitor and conduct fiscal and/or program audits of the Subrecipient and its contractors to verify the extent of services provided under the terms of the grant agreement. Representatives of the State or Federal government shall have access to project facilities and records at all reasonable times. ARTICLE 13. REPORTS A. The Subrecipient shall submit written or electronic reports at intervals and in a format prescribed by the State. 1. Quarterly Operating Report- No later than fifteen (15) working days after the end of the quarter, for which the report is made, the Subrecipient shall submit an activity report to the State. At a minimum, the quarterly operating report will include the number of vehicles in operation; total one-way passenger trips; total miles traveled; total expenses, including administrative and operating expenses; revenue, including fares and donations, operating cost per vehicle mile; operating cost per passenger trip; and number of passengers per mile traveled. The State may require more frequent operating reports for reasons of its own, or if the Subrecipient does not provide the reports in a timely manner or if the reports indicate unfavorable trends. 2. Status of Procurements - If the grant includes the purchase of vehicles or other capital equipment, the Subrecipient shall submit a quarterly report consisting of a brief narrative including but not limited to procurement milestones, including date of purchase order, vendor name and location, and estimated delivery date. 3. Status of Construction - If the grant includes construction, the Subrecipient shall submit quarterly narrative reports which include but are not limited to the progress of construction. B. Regardless of the type of assistance included in the grant, the Subrecipient shall prompt"y advise the State in writing if at any time the progress of the project will be negatively or positively impacted, including: 1. Problems, delays or adverse conditions that will materially affect the Subrecipient's ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, by the Subrecipient and any State assistance needed to resolve the situation. 2. Favorable developments or events that will enable the Subrecipient to meet time schedules and goals sooner than anticipated or produce more work units than originally projected. Every two (2) years, or more frequently when instructed by the State, the Subrecipient shall conduct a physical inventory of grant-supported property as set forth in Article 9, Equipment Management, and furnish the State a copy of the inventory. C. The Subrecipient shall develop performance goals and management objectives in accordance with Title 43, Texas Administrative Code §31.36. D. The Subrecipient shall maintain written maintenance records for each grant-supported vehicle, and shall make such records available to the State upon request. As a minimum, the Subrecipient shall comply with the manufacturer's recommended maintenance schedule. ARTICLE 14. DISPUTES AND REMEDIES A. The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of the grant. B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement issue shall be submitted for resolution by informal mediation, in accordance with the requirements of the Governmental Dispute Resolution Act, Chapter 2009, Government Code, unless the subject matter applies under Title 43, Texas Administrative Code §9.2. C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. The State may terminate this grant agreement at any time before the date of completion whenever it is determined that the Subrecipient has failed to comply with the conditions of the grant agreement. The State shall give written notice to the Subrecipient at least thirty (30) days prior to the effective date of termination and specify the effective date of termination, the reason for the termination, and other termination instructions. Additionally, if the State notifies the Subrecipient of a major deficiency and the Subrecipient does not respond in the manner required by the State, the State will, within ten (10) working days, exercise its contract termination rights, direct the disposition of equipment purchased with grant funds, or both. B. If both parties to this grant agreement agree that the continuation of the grant would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the grant is warranted, a new grant agreement must be developed and executed by both parties. C. Either the State or the Subrecipient may terminate this agreement by giving notice in writing one to the other for reasons of its own and not subject to the approval of the other party. In the event of termination for convenience, neither the State nor the Subrecipient shall be subject to additional liability except as otherwise provided in this agreement. D. Upon termination of this grant agreement, whether for cause or at the convenience of the parties hereto, title to all property and equipment remains with the Subrecipient subject to the obligations and conditions set forth in this grant agreement and 49 C.F.R. 18.31 and 18.32, unless the state or federal funding agency issue disposition; instructions to the contrary. E. In the event of termination, the State may compensate the Subrecipient for those eligible expenses incurred during the grant periods that are directly attributable to the completed portion of the grant covered by this grant agreement, provided that the grant has been completed in accordance with the terms of the grant agreement. The Subrecipient shall not incur new obligations for the terminated portion after the effective date of termination. Except with respect to defaults of subcontractors, the Subrecipient shall not be in default by reason of any failure in performance of this grant agreement in accordance with its terms (including any failure by the Subrecipient to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subrecipient. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. ARTICLE 16. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION FOR PUBLIC TRANSPORTATION CONTRACTS It is the policy of the Texas Department of Transportation (TxDOT) to ensure that HUBs shall have an equal opportunity to participate in the performance of contracts; to create a level playing field on which HUBs can compete fairly for contracts and subcontracts; to ensure nondiscrimination on the basis of race, color, national origin, or gender in the award and administration of contracts; to help remove barriers to the participation of HUBs in TxDOT contracts; and, to assist in the development of firms that can compete successfully in the market place outside the HUB program. The Subrecipient and any subcontractor will strive to meet the following annual HUB goals by offering HUBs the opportunity to compete fairly for contracts and subcontracts. HUB participation should be reported monthly by using Attachment H-3. 11.9% for heavy construction other than building contracts; 26.1% for all building construction, including general contractors and operative builders contracts; 57.2% for all special trade construction contracts; 20% for professional services contracts; 33% for all other services contracts; and 12.6% for commodities contracts. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a material breach of this contract and may, after the notification of the State, result in termination of the contract by the TxDOT or other such remedy as the TxDOT deems appropriate. ARTICLE 17. CONTROL OF SUBSTANCE ABUSE A. The Subrecipient will certify compliance with 49 C.F.R. Parts 40, 653 and 654 on or before September 1St of each year, using the certification form furnished by the State. B. Section 5307 Subrecipient's will submit a copy of the Management Information System (MIS) reports by March 15th of each year usinr, forms furnished by the State. C. Section 5311 Subrecipient's will submit required Management Information System (MIS) reports on or before February 15th of each, year using forms furnished by the State. ARTICLE 18. PROHIBITED ACTIVITIES D. Neither the Subrecipient nor any subcontractor shall use federal or state assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. No member of or delegate to the Congress of the United States shall share in this grant agreement or benefit from it, except in the same manner as the general public. E. No member, officer or employee of the Subrecipient during his tenure or one (1) year thereafter shall have any interest, direct or indirect, in this grant agreement or the proceeds thereof. A. Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this grant agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of TxDOT's Executive Director. B. Any persons doing business with or who may reasonably speaking do business with the State under this grant agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as mentioned here above. Failure on the part of the Subrecipient to adhere to this policy may result in the termination of this grant agreement. C. The Subrecipient will comply with Texas Government Code, Chapter 573, by insuring that no officer, employee or member of the Subrecipient's governing board or of the Subrecipient's contractors or subcontractors shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two (2) years prior to the election or appointment of the officer, employee, governing body member related to such person in the prohibited degree. ARTICLE 19. OPEN MEETINGS If applicable, the Subrecipient will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 20. INDEMNIFICATION A. To the extent permitted by law, the Subrecipient shall indemnify and save harmless the State from all claims and liability due to activities of its agents, employees or volunteers performed under this agreement and which result from an error, omission or negligent act of the Subrecipient or of any person employed by the Subrecipient. B. To the extent permitted by law, the Subrecipient shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Subrecipient, its agents, employees or volunteers. C. The Subrecipient acknowledges that it is not an agent, servant or employee of the State and that it is responsible for its own acts and deeds and for those of its agents, employees or volunteers during the performance of the grant agreement. ARTICLE 21. COMPLIANCE WITH LAWS The Subrecipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this grant, including without limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the State with satisfactory proof of compliance therewith. ARTICLE 22. NONCOLLUSION The Subrecipient warrants that it has not employed or retained any company or person, other than a bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this grant. if the Subrecipient breaches or violates this warranty, the State shall have the right to annul this agreement without liability or, in its discretion, to deduct from the grant price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingent fee. ARTICLE 23. NOT APPLICABLE ARTICLE 24. NOT APPLICABLE ARTICLE 25. PROGRAM INCOME A. Except for income from royalties and proceeds from the sale of real property or equipment, the Subrecipient shall retain program income and apply such income to allowable capital or operating expenses. B. The Subrecipient shall comply with standards governing the receipt and application of program income as set forth in 49 C.F.R. §18.25, Program Income. Program income means gross income received by the Subrecipient directly generated by a grant supported activity, or earned only as a result of this grant agreement during the time period specified in Article 1, Grant Period. C. Program income includes income from fees for services performed, from the use or rental of real or personal property acquired with grant funds, from the sale of commodities or items fabricated under a grant agreement, and from payments of principal and interest on loans made with grant funds. Except as otherwise provided in federal regulations, program income does not include grant funds, rebates, credits discounts, refunds, and the interest earned on any of these receipts. ARTICLE 26. SUCCESSORS AND ASSIGNS The Subrecipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Subrecipient shall not sign, sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 27. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 28. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 29. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR CONTRACTS A. Signs - The Subrecipient shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the U. S Department of Transportation identifying the project and indicating that the Government is participating in the development of the project. Hazardous Materials - The Subrecipient will conduct an inspection of the building for hazardous materials; asbestos and lead-based paint. Removal and disposal will be in accordance with local, state and federal regulations, prior to the initiation of construction. ARTICLE 30. NOT APPLICABLE ARTICLE 31. SIGNATORY WARRANTY The undersigned signatory for the Subrecipient hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization. ARTICLE 32. INCORPORATION OF PROVISIONS. Attachments A through H are attached hereto and incorporated into this contract as if fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. Executed for the Executive Director and approved for SUBRECIPIENT: the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, Subrecipient Name: City of Beaumont established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: By: Signature of Authorized Officer District Engineer, Beaumont District Typed, Printed or Stamped Name Typed, Printed or Stamped Name Title: Title: Date: Date: Attachments to Grant Agreement Attached and Incorporated into the Grant Agreement by Reference Attachment Title A Approved Project Description B Approved Project Budget C Not Applicable D Not Applicable E Not Applicable F Not Applicable G Not Applicable H HUB -Attachment H-3 ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State and Federal assistance, as submitted to the State, is hereby incorporated into this agreement as the project description, unless described below. [Please Insert Project Description] Attachment A Small Urban-Section 5307 State Public Transportation Grant Agreement Attachment B Approved Project Budget Amendment r 0 Effective Date: September 1,2001 Project Completion Date: August 31,2002 Subrecipient: City of Beaumont/Beaumont Municipal Transit State Contract Number: URB 0201(20) State Project Number: 5122OF1004 Service Area: City of Beaumont Category ALI Code Description Total Fed% Federal State Local Capital $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.000/0 $0.00 $0.00 $0.00 Category Total $0.00 0.00% 50.00 $0.00 $0.00 Planning $0.00 0.000/0 $0.00 $0.00 $0.00 Operating Operating Assistance $2,845,000.00 50.00% $1,422,500.00 $524,863.00 $897,637.00 Project Totals $2,845,000.00 51,422,500.00 $524,863.00 $897,637.00 Budget Revision Capital $0.00 0.00% 50.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 Admin Project Administration $0.00 0.00% $0.00 $0.00 $0.00 Operating Operating Assistance $0.00 0.00% $0.00 $0.00 $0.00 Project Totals $0.00 $0.00 50.00 $0.00 Revised Project Budge! Capital $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 50.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 Admin Project Administration $0.00 0.00% $0.00 $0.00 $0.00 Operating Operating Assistance $2,845,000.00 50.00% $1,422,500.00 $524,863.00 $897,637.00 Project Totals $2,845,000.00 $1,422,500.00 $524,863.00 $897,637.00 Maximum Reimburseable Amount: $524,863.00 Page IofI ATTACHMENT H HUB'S Attachment H-3 Texas Department of Transportation Subprovider Monitoring System Progress Assessment Report Contract #: Original Contract Amount: Date of Execution: Approved Supplemental Agreements: Prime Provider: Total Contract Amount: HUB Subprovider Category of Total %Total Contract Amount Paid Amoun Work Subprovider Amount This Period To D Amount Fill out Progress Assessment Report with each estimate submitted, for all subcontracts, and forward as follows: 1 Copy with Invoice - Contract Manager/Managing Office 1 Copy — Construction Division, BOP Section, TxDOT, 125 E. 11th, Austin, TX 78701 1 hereby certify that the above is a true and correct statement of the amounts paid to the firms listed above. Signature - Company Official or DBE/HUB Liaison Officer Date 01/01 DBE-H3.AT r 4 September 11, 2001 Consider approving the execution of a contract with C.C.L. Management, Inc. for the management of Beaumont Municipal Transit for a period of three years, with an additional two year option I -U72- j City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: September 11, 2001 AGENDA MEMO DATE: September 4, 2001 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with C.C.L. Management, Inc. for the management of Beaumont Municipal Transit for a period of three (3) years, with an additional two (2) year option. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a contract agreement with C.C.L. Management, Inc. for management of Beaumont Municipal Transit. BACKGROUND The contract presently in place for the management of the Municipal Transit service expires September 30, 2001. A recent bid advertisement solicited a response from one management firm, C.C.L. Management. This is the same firm that has managed the Transit service since 1974. C.C.L. Management's bid for the next five (5) years reflects an average annual increase of approximately 2.8 percent. The average annual increase for the previous five (5) years was approximately 3.2 percent. These annual costs are farther detailed on Attachment A. BUDGETARY IMPACT FY2002 expenditure(s) total $104,500, increasing at a 2.8 percent rate annually to total $116,100 by FY2006. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract with C.C.L. Management, Inc. for the management of Beaumont Municipal Transit. CCLcg.wpd 09/04/2001 Transit Management Services Bid Proposal Summary Beaumont Transit System CCL Management Previous monthly management costs: FY 1997 FY 1998 FY 1999 FY 2000 FY 2001 Monthly $ 7,500 $ 7,742 $ 7,983 $ 8,225 $ 8,467 Annually $ 90,000 $ 92,904 $ 95,796 $ 98,700 $ 101,604 * Average annual increase approximately 3.2 %. Proposed Monthly management Proposal: FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 Monthly $ 8,708 $ 8,950 $ 9,192 $ 9,433 $ 9,675 Annually $ 104,500 $ 107,400 $ 110,300 $ 113,200 $ 116,100 * Proposed average annual increase approximately 2.8 % 5 September 11,2001 Consider approving a contract for additions and renovations to the Water Utilities Service Center V~1179f Cat Y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 11, 2001 AGENDA MEMO DATE: August 29, 2001 REQUESTED ACTION: Council approval to award a bid for additions and renovations to the Water Utilities Service Center. RECOMMENDATION Administration recommends award of a bid in the amount of$468,828 to Cleveland Construction, Inc. of Mauriceville for additions and renovations to the Water Utilities Service Center at 1350 Langham Road. BACKGROUND The additions and renovations include constructing approximately 10,000 square feet of covered vehicle and equipment storage area,erecting one(1)645 square foot building for washing vehicles and equipment, enclosing four (4) bays of the existing vehicle storage area to facilitate the relocation of the machine shop currently located at the Water Production Plant, replacing metal roof sheets on the vehicle storage and employee training portions of the existing building, adding approximately 25,540 square feet of concrete paving adjacent to the new vehicle storage area, installing 23 pole-mounted flood lights for enhanced security, and an alternate bid for the dismantling of an existing metal structure at the site. The improvements will afford a centralized facility for Water Utilities vehicles, equipment and personnel. Bid notices were provided to twenty-four (24) vendors, with six (6) responding with bids. The bids received are reflected in the attached bid tabulation. The awarded vendor will sub-contract a minimum of$90,000 of the total bid, or 19.2%, to minority-owned business enterprises (MBE). The project is to begin by September 24, 2001, and be completed within 180 calendar days. Additions and Renovations to the Water Utilities Service Center August 29, 2001 Page 2 BUDGETARY IMPACT Funds for this expenditure are budgeted in the Water Improvements Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Cleveland Construction, Inc. in the amount of$468,828 for additions and renovations to the Water Utilities Service Center. ADDITIONS AND RENOVATIONS TO WATER UTILITIES SERVICE CENTER BID OPENING DATE: MONDAY, AUGUST 27,2001 @ 2 PM BID NUMBER: RF0701-66 '!Vendor Swain Company, Inc. Daniels Building & Construction Quality Contract Services ilCity/State Beaumont, TX I� Beaumont, TX Bridge City, TX 1 Fax No. 409.866.4716 409.838.3006 _ 409.697.1111 _ I,Base Bid I: $555,243.00;1 $558,281.00�i $521,066.00 Alternate Price No. 1 $4,900.001 $4,800.00 NAjI 1lCompletion Time _ !, 180 Calendar Days _ 180 Calendar-Days h .160 Calendar Days — (Vendor Cleveco Construction Co. Inc. Cleveland Construction, Inc. Goss Building Inc. I.City/State Lumberton, TX j Mauriceville, TX jj Beaumont, TX I' Fax No. 409.755.0975 __ 409.745.3915 — 409.842.0709 . ---I Base Bid $497,600.00 $468,828.00 1�Alternate Price No. 1 � I� $485,468.00 $3,530.001 $3,500.00 $5,038.00 iCo Rletion Time — 270 Calendar Days — 180 Calendar Days ;j 150 Calendar Days II CITY OF BEAUMONT BUILDINQ SERVICES DIVISION rar"Unitur WAM AWA H oaur muw MEMW I F' [5.11 JED FOR 5W LWTU GAS PIPE LME EASEMM I••- MW BATE .-iR-M-ZWMM SITE PLAN WAVM°r/WE oman F Aqwma By A-1 CITY OF BEAUNIONT aim l�1�6 BUILDINGI f � SERVICES ..- DIVISION H WAL J P W Q "W'- r7T7 iMED MR 5Fi?�'' a�PiY•F�FV.� m KEN m a 3A DRAM RY 047E oea®m Z By PRWXT ELEVATION PLAN A L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 11, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes Confirmation of committee appointments A) Approve the extension of a contract between the City of Beaumont and the Southeast Texas Community Development Corporation B) Authorize the purchase of properties being offered for sale during the Jefferson County Sheriff's sale in October 2001 for the construction of homes for the Neighborhood Revitalization Project C) Approve a three-year contract for grounds maintenance of the Fairgrounds D) Approve a contract for the demolition and removal of the south water plant located at 1550 Pine Street E) Approve the extension of a contract between the City of Beaumont and the Southeast Texas Community Development Corporation using 1998 CDBG funds CONSENT AGENDA SEPTEMBER 11, 2001 * Committee Appointments Felix McFarland would be appointed to the Historical Landmark Commission. The term will commence September 11, 2001 and expire September 10, 2003. (Mayor David W. Moore) Lum Hawthorn would be appointed to the Airport Advisory Committee. The term will commence September 11, 2001 and expire September 10, 2003. (Councilman Audwin Samuel) A) Approve the extension of a contract between the City of Beaumont and the Southeast Texas Community Development Corporation Administration recommends that City Council authorize the City Manager to execute an extension of the contract in the amount of$60,000 using 2000 HOME funds. On January 23, 2001, Council approved a contract in the amount of$60,000 to provide home buyers assistance ($52,000) for two new homes and developers' fees ($8,000) for the CHDO. SETCDC has identified homebuyers for both homes which are under construction and should be completed by November 30, 2001. A copy of the staff memorandum is attached for your review. B) Authorize the purchase of properties being offered for sale during the Jefferson County Sheriff's sale in October 2001 for the construction of homes for the Neighborhood Revitalization Project 1) Property located at 1081 Avenue B is owned by Judy Coynor and has an appraised value of $2,500. 2)Property located at 1095 Avenue B is owned by James L. Powell and wife, Dixie C. Powell and has an appraised value of$2,500. 3) Properties listed as 1114-58 Forrest,1073-95 Miller,1054-98 Ashley, and 1115-53 Stephenson are owned by Jefferson County and has an appraised value of$16,000. Administration recommends approval of the above purchases. A copy of the staff memorandum is attached for your review. C) Approve a three-year contract for grounds maintenance of the Fairgrounds Administration recommends approval of a three-year contract for grounds maintenance of the Fairgrounds with Perfect Cut Lawn Care of Beaumont in the amount of$19,780. The contract specifies that mowing and litter removal will be provided once per week during the growing season, March through October, and once per month during the non-growing season, November through February. A copy of the staff memorandum is attached for your review. D) Approve a contract for the demolition and removal of the south water plant located at 1550 Pine Street Administration recommends approval of a contract for furnishing all labor, materials, equipment, insurance and supplies needed to demolish and remove the south water plant to Durrett Demolition and Services of Manvel, Texas in the amount of$115,000. The south water plant, constructed in 1925, has been out of service since 1980. The structure has deteriorated and large fractures in the walls have caused windows to shatter and render the building unsafe. Work is expected to commence by October 1, 2001 and be completed in 48 working days. Funds are available in the Water Fund. A copy of the staff memorandum is attached for your review. E) Approve the extension of a contract between the City of Beaumont and the Southeast Texas Community Development Corporation using 1998 CDBG funds City Council approved a contract on March 20, 2001 in the amount of$18,877 with SETCDC to provide homebuyers counseling for families eligible to purchase new and existing homes in neighborhoods targeted for revitalization ($5,082). The contract also provided assistance to pay for 2000 audit fees ($13,795). The SETCDC presently has two homes under construction at the old Edwards School site, which are expected to be completed by November 30, 2001. The audit work is scheduled for completion by September 28, 2001. Administration recommends approval of the contract extension. A copy of the staff memorandum is attached for your review. A it... Cat of Beaumont y• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Richard Chappell, Housing Coordinator—r C MEETING DATE: September 11, 2001 AGENDA MEMO DATE: September 5, 2001 REQUESTED ACTION: Council approval of an extension of the contract between the City of Beaumont and the Southeast Texas Community Development Corporation. RECOMMENDATION Administration recommends that Council authorize the City Manager to execute an extension of the contract in the amount of$60,000 using 2000 HOME funds. BACKGROUND The Southeast Texas Community Development Corporation, Inc. (SETCDC) has contracted with the City of Beaumont to provide affordable housing since 1993. Council has previously approved contracts with SETCDC using HOME funds which has resulted in assisting forty-three (43) home buyers in the purchase of new homes constructed in neighborhoods targeted for revitalization. BUDGETARY IMPACT These funds are available from the 2000 HUD Consolidated Grant Program HOME Program. PREVIOUS ACTION On January 23, 2001 Council approved a contract in the amount of $60,000 to provide home buyers assistance ($52,000) for two (2) new homes and developers fees ($8,000) for the CHDO. SETCDC has identified homebuyers for both homes which are under construction and should be completed by November 30, 2001. Council Agenda Item Page 2 September 5, 2001 SUBSEQUENT ACTION Following Council approval and execution by the City Manager, the SETCDC and the Housing Division staff will work to complete this contract.. RECOMMENDED BY City Manager, Executive Assistant to the City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION Approve/Deny authorization of the City Manager to execute the contract extension to November 30, 2001 with the Southeast Texas Community Development Corporation, Inc. for the contract in the amount of$60,000. C NW Cit of Beaumont Council Agenda Item � I g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 4, 2001 AGENDA MEMO DATE: August 27, 2001 REQUESTED ACTION: Council approval of a resolution authorizing the purchase of three (3) properties being offered for sale during the Jefferson County Sheriff's sale in October, 2001. The properties are for the construction of homes for the Neighborhood Revitalization Project. RECOMMENDATION The properties listed below will be offered for sale during the Jefferson County Sheriff's sale in October: 1. Lot 167, Block 14, Crary Addition (1081 Avenue B) Appraiser: Aulbaugh & Associates Total Appraised Value: $2,500 Owner: Judy Coynor 2. Lot 168, Block 14, Crary Addition (1095 Avenue B) Appraiser: Aulbaugh & Associates Total Appraised Value: $2,500 Owner: James L. Powell and wife, Dixie C. Powell 3. Plat A-6, Tract 1, J. McFaddin Survey (1114-58 Forrest/1073-95 Miller/1054-98 Ashley/1115-53 Stephenson) Appraiser: Aulbaugh & Associates Total Appraised Value: $16,500 Owner: Jefferson County Administration recommends authorizing the purchase of the three (3) properties above. BACKGROUND As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. BUDGETARYIMPACT None. PREVIOUS ACTION The properties in the Crary Addition will be offered for sale by Jefferson County for the first time in October, 2001. The property in the McFaddin Survey was purchased by the County in a sheriff's sale in October, 1999. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the purchase of three (3) properties being offered for sale during the Jefferson County Sheriff's sale in October, 2001. The properties are for the construction of homes for the Neighborhood Revitalization Project. sherif%jld SUBJECT SHERIFF'S SALE CEDAR o c, PROPERTIES 9yF �j NEIGHBORHOOD REVITALIZATION CROCK ET I 9 PROJECT E ' p S O O 9 ti y SYTH LOT 167, BLOCK 14 CRARY ADDITION AALL ( 1081 AVENUE B ) 90 9L q P 9L F tiV A s Y MM �- JO CH MI F CH W LY J OWNER B L] A .. _ x W ° " a v o W W W W W 2 t- JUDY COYNOR H ¢ LE > a a a a a a o j LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY .90 to •9. so 19 o tAe�� ed t°6 01' . ,ot 5 1 9e et 1At `Oler�0 0 96 � ie � � �1 1a - o f t X0 t e N.T.S. v° tee 1 A ,66 0 X9 � i be o 1159 t : 169 "/tee R te0 telp0 o to 615 ,a t 1 / i 1 6t 166 t'y0 ,R`9150 1915 °o � A ��9 1915 `6e�50 e Y' t9 � tb9 0 00 196 9 ¢� �y0 t 01 1q� ,16 �y e OlV 50 vo 1.01 0t %90 To %16 1 �,! Z 0 d� ao to t t0 h0 16 S9 to Z bo A9�o 60 2 st QQ� o ttt 1a t 9 , 7 6 t0 00$ .wssn� SUBJECT SHERIFF'S SALE CEDAR o c, PROPERTIES CROCKET NEIGHBORHOOD REVITALIZATION 9 PROJECT E 9 � LOT 168, BLOCK 14 A SYTH CRARY ADDITION c, 1� ( 1086 AVENUE B ) 90 9 9L '9 Q� tiV 1 L t^ Y JO CH MI LA W LY F CH OWNER' L1 .. W W W W W Z O JAMES L POWELL it H a CgkLE DIXIE C POWELL LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY a! - as �d6 dt !! •6 � 15 �6 t0t !a at ,6t %0a50 0 sh to� a!� o tat 0 !t ,o �!� t5o t taa � � N.T.S. s too 60 1'0 0 '0 166 ,6 s t69 t � �o . 160 g� o tg0/ tv`g0 16 ,k 61 t 69 t t6i t t 0 t50' 166 150 tl15 1 t $ a ASS � fa t o t 1 1�9 t99 t64 ! � t9 10 0 e 00 ,? 196 9 15 t t tq\ 0 6 t 6\L L6 �o tot t9°� o tt6ttt o t6 t0.0 �b o69'�b a 150 to 15 10 0 t .t5 s L0i 6 60 0 60 �o t/to �� Ro, 60 t1t/ ,$ t 04 ,t0a t t c W-SSM1! SUBJECT SHERIFF'S SALE u 1J <f 9 H PROPERTIES [ME a p � NEIGHBORHOOD REVITALIZATION PROJECT es A i UI IA A ti L SI f GL DY PLAT A—% TRACT 1 EV J McFADDIN SURVEY A LE �- ( 1114-68 FORREST/ 1 d W 1078-86 MILLER/ H R o 0 1064-88 ASHLEY/ zE � i 1116-65 3TEPHEN30N ) r, 1H a z 3 MFADI a OWNER., a z W JEFFERSON COUNTY ~ Y x W I a LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY 70 30 SO 4 109 n9 V l0 I IJ N i I7 10 K R! N 43 r 1 \ I 7 (50 i(' i 130 46 1.36 i j2 42 I J5 I 995 Ot5.3 3 1 J I 211244014219 ,I Yf , 'TB // of ° ' ' ' t /y ` . N.T.S. d i 5 I 14I,�5 is a r� 114 9 f a� eta sz I ns zo 13 l i ///0 f J I I /t► QO 6 /. d � � ¢ lJ7.6 r„ ' ' b O O pp 50 .. .. 150 U. h K lu 60 60 60 !O I Jd ! /94.2 61 f f ! 4 3 _ S 5A 4A 3A ZA f O /91.6 7 f ! IO If ?S r f C 3 z► s �e � � I c ;y �e s.z t 50 50 �o ! I ro Q , 60 '>6' v -.50 _zn._ AG-SS►�7 c Cit y of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 11, 2001 AGENDA MEMO DATE: August 22, 2001 REQUESTED ACTION: Council approval of a three (3) year contract for grounds maintenance of the Fairgrounds. RECOMMENDATION Administration recommends the award of a three (3) year contract for grounds maintenance of the Fairgrounds to Perfect Cut Lawn Care of Beaumont, Texas. BACKGROUND The Fairgrounds, located at 2850 Gulf Street, consists of 62 acres. The contract specifies that mowing and litter removal will be provided once per week during the growing season, March through October, and once per month during the non-growing season, November through February. Edging and trimming around the fence lines and sidewalks will be performed once per month in all areas except the patio area which will be trimmed and edged twice per month. Twenty-seven (27) contractors were notified and five (5) responded with bids as follows: CONTRACTOR MAR.-OCT. NOV.-FEB. TOTAL ANNUAL COST Perfect Cut Lawn Care, Beaumont, TX $2,060 $825 $19,780 DuBois Lawn Service, Beaumont, TX $2,000 $950 $19,800 Torres Lawn Service, Beaumont, TX $2,175 $900 $21,000 Garden of Gethsemane, Beaumont, TX $1,800 $1,800 $21,600 Alamo Lawn Service, Beaumont, TX $3,995 $950 $35,760 Contract for Grounds Maintenance- Fairgrounds August 22, 2001 Page 2 This contract shall be in effect for a period of three (3) years beginning within thirty (30) days after the date of award by City Council. On the annual anniversary dates of this agreement, the City will increase the monthly payments by an amount not to exceed the percentage increase in the Consumer Price Index (CPI). Last year's contract with Garden of Gethsemane was in the annual amount of$22,056. BUDGETARY IMPACT Funds are available for this expenditure in the Convention Facilities Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED ACTION Approve/Deny award of a three(3) year contract for the grounds maintenance of the Fairgrounds in the amount of$19,780 with the provision for an annual increase not to exceed the percentage increase in the CPI. D M~_ 1 f City of Beaumont •r Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 11, 2001 AGENDA MEMO DATE: August 29, 2001 REQUESTED ACTION: Council approval to award a bid for the demolition and removal of the south water plant located at 1550 Pine Street. RECOMMENDATION Administration recommends award of a bid for furnishing all labor, materials, equipment, insurance and supplies needed to demolish and remove the south water plant to Durrett Demolition and Services of Manvel, Texas, in the amount of$115,000. BACKGROUND Seven(7)bids were received on Monday,August 20,2001,for the demolition,removal and disposal of the south water plant. The south water plant, constructed in 1925, has been out of service since 1980. The structure has deteriorated and large fractures in the walls have caused windows to shatter and render the building unsafe. The out of service aeration and settling basins are open and potentially hazardous. Demolition includes all roofing material,interior and exterior walls,slabs,filter material,piping,walls in settling and aeration basins. A survey for asbestos containing materials was performed on the structure and results produced no evidence of asbestos materials. The bids received are as follow: Contractor Location Price Durrett Demolition& Services Manvel, TX $115,000 C & C Demolition, Inc. Orange, TX $130,000 A& R Demolition, Inc. Kingwood, TX $139,912.50 Demolition of South Water Plant August 29, 2001 Page 2 Contractor Location Price Gissco Beaumont, TX $170,000 D. H. Griffin of Texas, Inc. Houston, TX $264,434 CST Environmental, Inc. Houston, TX $268,800 Allco, Inc. Beaumont, TX $470,520 The basins extend to a depth of twelve(12)feet below ground. The contractor will break all concrete walls down to a depth of four(4) feet below the existing grade. The resulting debris will be placed in the bottom of the basins along with fill material and compacted. Future plans for the site include the construction of a parking lot and a chemical tank farm. Demolition of this building should not affect the existing water production plant currently in service but construction ofthe new raw water transmission line will limit chemical delivery trucks and vehicle access to the in-service plant unless the south water plant is removed prior to the transmission line construction. Work is expected to commence by October 1, 2001 and be completed in forty-eight (48) working days. BUDGETARY IMPACT Funds for this project are available in the Water Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Durrett Demolition and Services for the removal and disposal of the south water plant in the amount of$115,000. E 10*ur . City of Beaumont 4W_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Richard Chappell, Housing Coordinator MEETING DATE: September 11, 2001 AGENDA MEMO DATE: September 5, 2001 REQUESTED ACTION: Council approval of an extension of the contract between the City of Beaumont and the Southeast Texas Community Development Corporation, Inc. RECOMMENDATION Administration recommends that Council authorize the City Manager to execute an extension of the contract in the amount of$18,877 using 1998 CDBG funds. BACKGROUND City Council approved a contract on March 20, 2001 in the amount of$18,877 with SETCDC to provide homebuyers counseling for families eligible to purchase new and existing homes in neighborhoods targeted for revitalization ($5,082). The contract also provided assistance to pay for 2000 audit fees ($13,795). The City of Port Arthur will contribute $11,000 to the audit fees which totals $24,795. BUDGETARY IMPACT These funds were previously budgeted from the 1998 CDBG Program. There is no additional budgetary impact. PREVIOUS ACTION The City has had contracts for homebuyers' counseling and for audit fees in previous years. SETCDC has assisted eligible homebuyers with the purchase of forty-three (43) newly constructed homes in neighborhoods targeted for revitalization. The SETCDC presently has two homes under construction at the old Edwards School site, which are expected to be completed by November 30, 2001. The audit work is scheduled for completion by September 28, 2001. Council Agenda Item Page 2 September 5, 2001 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to the City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION Approve/Deny the extension of the contract to September 30, 2001 with Southeast Texas Community Development Corporation, Inc. In the amount of $18,877 to provide homebuyers counseling and to pay audit fees for the 2000 audit.