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PACKET JAN 24 2006
1 tram City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 24,2006 2;00 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Dr. Ware Petznick will fill the unexpired term of Felix McFarland on the Historic Landmark Commission. The term would commence January 24, 2006 and expire September 10, 2007. (Mayor Guy N. Goodson) A) Approve a resolution authorizing the City Manager to increase the Bunn's Bluff Canal - Levee Improvement Project amount for "extra work" B) Approve the purchase of Geographical Information System hardware and operating system software and licenses C) Approve a resolution authorizing the City Manager to increase the 54-inch Interceptor Rehabilitation Project amount for"extra work" D) Approve a resolution authorizing the settlement of the claim of Norris Bennett � cl A C i ty of Beaumont.PrIn. ' c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme,Water Utilities Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 18, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Bunn's Bluff Canal - Levee Improvement Project amount for "extra work" RECOMMENDATION Administration recommends approval of increasing the Bunn's Bluff Canal-Levee Improvement Project amount by$36,084.00 to stabilize approximately 1,000 linear feet ofthe inner levee damaged by Hurricane Rita,remove downed trees and debris from the canal and on the levees,and reduce the width of the road on the top of the levees by 6 feet. The proposed extra work is needed on an emergency basis to protect the levees and the quality of water. The proposed extra work will represent an increase of 1.77 percent of the original contract amount. The total of all of the extra work to date, including this proposed recommendation, will represent 26.61 percent of the original contract amount. National Resource Conservation Service(NRCS)will be reimbursing the city$102,140 of the change order,which represents 5.0 percent of the original contract amount. BACKGROUND The proposed additions and modifications to the original contract documents and design are due to unforseen conditions resulting from Hurricane Rita. The changes will improve the future operation and increase the efficiency of the Water Treatment Plant,and will help the City meet required State and Federal regulations. BUDGETARY IMPACT Funds for the project are available in the Capital Program. PREVIOUS ACTION Resolution 03-240 in the amount of$2,039,667 was passed by City Council on October 28, 2003. Resolution 04-277 in the amount of$506,742 was passed by City Council on November 23, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. APPROVAL OF CONTRACT CHANGE Change Order No.2 Date:January 18,2006 Project: City of Beaumont Bunn's Bluff Canal-Levee Improvement Project Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: Brystar Contracting,Inc. 8385 Chemical Road Beaumont,Texas 77705 To the Owner. Approval of the following contract change is requested. Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to stabilize approximately 1000 linear feet of the inner levees damaged by Hurricane Rita,remove downed trees and debris from the canal and on the levees,and reduce the width of the road on the top of the levees by 6 feet. ORIGINAL CONTRACT AMOUNT $2,039.667. CHANGE ORDER NO.1 $506,742. THIS CHANGE ORDER: Description Net Change Remove fallen trees and debris from the canal and off the levees. $25,155. Stabilize approximately 1000 linear feet of the inner levees. $102,140. Reduce the width of the road on the top of the levees by 6 feet. <$91,211>. TOTAL AMOUNT OF THIS CHANGE ORDER: $36,084. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $2,582,493. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Hani Tohme,P.E. City of Beaumont Brystar Contracting,Inc. Water Utilities Director Owner Contractor Date: Date: Date: i i s f r • � {� ',iE I -� y�r�r„ t9�t� ,, i.. Tr r 1't 9 j�y� " � • b sly I R r! i. n�i1r '�6 s`as's �±, `'�` X f 'u.'n rJ�i�y�. � �• �� 1 A w.i ' k sy� ?.e �f�r s��t' � i• ,S t Uf; Z �'frt` ,►!"5 _ .4 Kati � � �.`, ,r� p' [�. • i ±� ' � .;-'...` may" rt� '' c,, �r q'* � �•a, n xx. }Y } R ww n ,Fy :4 map I y M -! *;��c 7 t .•�IV. �• + �� �, '�o r, E� �',.� +c •( r4� nt;- Lax n �3 R of iti '. �4P !R xa �S' �+p 4 y.'I fr p'♦ � k?•f.� ,fie AY i .ti't�q� B City of Beaumont A EL Council g Cil A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 17, 2006 REQUESTED ACTION: Council consider the purchase of Geographical Information System hardware and operating system software and licenses. RECOMMENDATION Administration recommends the purchase of Geographical Information System hardware and operating system software and licenses in the amount of$44,242 from Environmental Systems Research Institute, Inc. (ESRI) of Redlands, CA. BACKGROUND A Geographical Information System(GIS) consist of hardware and software used to analyze land- based data. ArcGIS Software is a comprehensive software package that delivers centrally managed GIS applications from a server for multiple users.The system stores maps and associates each feature in the map with information from a variety of sources. The GIS can be used to query the data, look at patterns in the data, overlay maps, print out maps, and keep computerized,up-to-date records on land-based information. The data and maps can be used by planners, engineers, code enforcement officers, and public safety personnel to provide a variety of services. The Geographical Information System(GIS)section ofthe City's Technology Services Division was established in 2005. Phase I of the GIS system, purchased in FY2005, included two desktop computers and three(3) ArcGIS software and license packages at a cost of$29,016. Purchase GIS Hardware and Software January 17,2006 Page 2 Phase H of the GIS system includes the purchase of two (2) desktop computers, an additional ArcGIS software and license package,an external tape drive,and a server with both ArcGIS Server Software and Microsoft SQL operating system software.The server will be housed in the Technology Services Division with an external tape drive for back-up purposes. The two (2) new desktop computers will be assigned to the Water Utilities Department. Other City departments,including the Police, Fire, and EMS will have access to the GIS through the Technology Services Division. The City's public safety computer-aided dispatch system will also interface with the proposed GIS system. The State of Texas Cooperative Purchasing Program offers a Catalog Purchasing Program for the purchase of high technology items. A list of qualified Catalog Information Services Vendors(CISV) is provided by the State for the procurement of high technology goods such as personal computers, software,and servers. State and local entities must solicit bids from a minimum of three(3)vendors on specified products. Bids were solicited from four(4)CISV companies for the purchase of the server,external tape drive, desktop computers,ArcGIS license and operating software with licenses as described in the following table. The sole bid received from Environmental Systems Research Institute, Inc. (ESRI) is as follows: DESCRIPTION PRICE Server with dual 3.8GHz processors,4GB RAM, and 5 -72GB disk drives $18,200 including ArcGIS Server Software and License Microsoft SQL Standard Edition Database Software $9,500 External Tape Drive with Ventas Server Software $2,500 Two(2)Desktop Computers with 3.6GHz processors and 80GB hard drives $6,800 ArcGIS software and license package $7,242 TOTAL: $44L242 Purchase GIS Hardware and Software January 17, 2006 Page 3 BUDGETARY IMPACT Phase H funding is available in the 2006 Capital Reserve Fund for the purchase ofthe GIS server with server software, database software, and external tape drive in the amount of$30,200. The cost of two(2)desktop computers and the ArcGIS license in the amount of$14,042 is available in the Water Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, and Finance Officer. C i ty of Beaumont _ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme,Water Utilities Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 18, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the 54-inch Interceptor Rehabilitation Project amount for "extra work." RECOMMENDATION Administration recommends approval of increasing the 54-inch Interceptor Rehabilitation Project amount by$16,140.00 to$938,893.00. The proposed extra work will represent an increase of 1.75 percent of the original contract amount. BACKGROUND The proposed additions and modifications to the original contract documents and design are due to unforseen conditions in the original design. The changes will improve the future operation and increase the efficiency of the sanitary sewer system, extend the life of the improvements and help the City meet required State and Federal regulations. BUDGETARY IMPACT Funds for the project are available in the Capital Improvement Funds. PREVIOUS ACTION Resolution 04-215 in the amount of$922,753 was passed by City Council on September 21, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. APPROVAL OF CONTRACT CHANGE Change Order No. 1 and Final Date:January 18,2006 Project: City of Beaumont 54-inch Interceptor Rehabilitation Owner. City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor. Brystar Contracting,Inc. 8385 Chemical Road Beaumont,Texas 77705 To the Owner. Approval of the following contract change is requested. Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to line two(2) manholes and two(2)siphon boxes and verify the existence of grout in the abandoned fifty four(54")inch pipe. The contract amount was reduced when quantities were adjusted in the field to provide the most efficient product to the city.The quantities adjusted were for the subtraction of lining twenty(20)feet of pipe,the post TV inspection of the same twenty(20)feet,the post TV inspection of two connections,the adjustment of two SDR 35 PVC service connections and subsequent post TV inspections,the increase of one SDR 40 PVC service connection, the subtraction of forty(40)square yards of asphalt pavement and the subtraction of ninety-two(92)square yards of concrete pavement replacement. ORIGINAL CONTRACT AMOUNT $922,753. THIS CHANGE ORDER: Description Net Chance Line two manholes. $6,210. Line two siphon boxes. $18,200. Verify grout in abandoned pipe. $2,200. Line 45"pipe. <$4.140.> Post TV inspection of line. < 70> Post TV inspection of connections. 600.> Install SDR 35 service connections. <$3,200> Install SDR 40 service connection. $1,500. Asphalt pavement replacement. <$1,200> Concrete pavement replacement. 2 760> TOTAL AMOUNT OF THIS CHANGE ORDER: 1S 6.140. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: 93S 8,893. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Hani Tohme,P.E. City of Beaumont Brystar Contracting,Inc. Water Utilities Director Owner Contractor Wate: Date: Date: D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 19, 2006 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Norris Bennett. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Norris Bennett in the amount of$30,000. BACKGROUND Council discussed this claim in an Executive Session held on January 17, 2006. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay the sum above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS, the claim of Norris Bennett was discussed in an Executive Session properly called and held Tuesday, January 17, 2006; and, WHEREAS, the Council desires to authorize the settlement of the claim of Norris Bennett; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the claim of Norris Bennett for the sum of$30,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of January, 2006. - Mayor Guy N. Goodson - C�� nm I City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 24,2006 2:00 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-11/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a contract with the Beaumont Community Housing Development Organization relating to the construction of seven homes 2. Consider approving a contract with the Beaumont Community Housing Development Organization relating to the purchase of four homes 3. Consider approving a contract with the Greater Beaumont Chamber of Commerce for economic development purposes 4. Consider approving a resolution authorizing the City Manager to accept a grant for the Weiss Bluff Pump Station-Bank Stabilization Project 5. Consider amending Resolution No. 05-238 relating to the allocation of Community Development Block Grant (CDBG) funds 6. Consider authorizing the City Manager to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in the PineBrook Place Addition 7. Consider approving a new city ordinance allowing Municipal Court to collect an additional $2.50 fine per Class C misdemeanor offenses that occur on or after • February 1, 2006 8. Consider approving a six(6)month contract to various vendors for the purchase of water treatment chemicals 9. Consider approving a bid for metal building repairs to Hangar`B" at the Beaumont Municipal Airport 10. Consider approving a resolution adopting the Regional Mitigation Action Plan 11. Consider approving a resolution to accept the Delaware Street Extension Project, approve Change Order No. 5 and authorize Final Payment to Brystar Contracting Inc. COMMENTS * Councilmembers/City Manager comment on various matters * 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: Claim of Patricia VanBuren Claim of Joe VanBuren Claim of Hazel Bailey * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 January 24, 2006 Consider approving a contact with the Beaumont Community Housing Development Organization relating to the construction of seven homes City of Beaumont Council Agenda Item Numb, TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 18, 2006 REQUESTED ACTION: Council consider approving a contract with the Beaumont Community Housing Development Organization relating to the construction of seven homes. RECOMMENDATION The Administration recommends Council approve a request to authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization in the amount of$373,450 for the construction of seven homes from 2005 HOME funds. BACKGROUND The City of Beaumont has a contractual relationship with the Beaumont Community Housing Development Organization for new housing construction in targeted neighborhoods and to provide home buyer assistance to low/moderate income families participating in the City's Affordable Housing Program. BUDGETARY IMPACT Funding is available from the 2005 HOME Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, and Housing Manager. 01/06/2006 02:02 4098132165 BC:FU)O PAGE 02 IAVJ4M 0►NT COMM NM gam DID rEMFhMT 010A MON, INC. 505 Passel Florida Avenue WA Beaumont,Tow 7M5 ii Office: (409)813-2*8 P'&c: (409)813-265 �?'Wl�'•br(tdagr� Antotnstte Hardy November 03,2005 rra ident youbw c, zor Debra 8m"ard Mrs.Janett Lewis site Ma„wd. City of Beaumont P.O.Box 3827 momd Membem: Beaumont,Texas 77704 Me Casmore Ch�'1 UMMY Dear Mrs.Lewis: Stam Ham Shawna Wbbt araa4 vo"Wes This letter is written to provide proposals to be funded from the Federal Funding Allison WA&ff from CDBG and/or HOME allocations of the U.S.Dept,of HUD. The funds are as follow: Item# Description Amount Proposal# 1 Lease Purchase Units(4 homes) $355,000.00 Proposal#2 Soft Costs(7 homes) $373,450.00 TotgJ 5728,450.00 Request We arc requesting any other uncommitted CDBG or HOME funds that may assist ur organizations in continuing to provide and develop affordable housing in vitalizing aeighborhoods in Beaumont,Texas. f you have any questions,please give me a call at(409)813-2158 or(409)201- RCHDO 272. "alesd Christians incerely, Hetptnp Deserting n ^G Others" toinette Hardy resident/Executive Director 0 r Co m m e N • proposal N 2(Soft Cart m derrlop sp t 0 se— (7)Itew O)'0nda"t IFo+na to larjrted crew of tJ4e Clry) ,mo C r r property Addresr Entteceriet Pisa site prep Soil Fonndstioww Down payment C w*g Cwt RC11D0 Dowdspees TOM LA Serriees APpvAsed Compwtimr eft lroodes Assittan" Asststaaes Closln=Cost Fee 5010 Soatderlsod 52,000.00 $350.00 57,540.00 53,00000 Sa.000.00 S201000.00 S5,000.00 521900.00 $5,000.00 55!'.1$0.00 5020 3orttterlind 52.000.00 3350.00 57,00.00 53100000 Sa,000.t10 520,000.00 55,000.00 52.900.00 5$,000.00 SSI.3'f0.Q0 $030 Sontkrbnd S2,000.00 5350.00 57,50.00 53,000.00 Sa,000.Q0 520,00400 SS,000.00 S2.i00�00 55,00000 5$3.3$0.00 361Seo+renDr. 52,000.04 $350.00 S7,S00.00 $3,00000 SE,000.00 520.000.00 5$,000.00 52.$00.00 SSti0M.00 5$1,)50.00 362saowen Dr s7,444.0o S3so.44 57,544.44 53,000.00 58,444.44 S201000.00 SS,00400 53,9 80 WPM 3".13,39o.0e 363S eo+ren Dr. AM." 5359.00 57,500.00 53,000.00 Sa.000.00 5201000.00 53,000.00 52,$00.00 55,000.00 SWAMI 2775 N 9"St. 32,000.00 S350.00 57,500.00 53,000.00 58,004.00 520,000.00 55,000.00 S2,00 09 55,000.00 533.7$0.00 Total S14,400.40 52,450.00 552,500.00 521,000.00 S56ti000.00 5140,000.00 S3S,000.00 S17MO-00 535,000.00 33731450.00 i I� (m {A 2 January 24, 2006 Consider approving a contract with the Beaumont Community Housing Development Organization relating to the purchase of four homes City of Beaumont min Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 18, 2006 REQUESTED ACTION: Council consider approving a contract with the Beaumont Community Housing Development Organization relating to the purchase of four homes. RECOMMENDATION The Administration recommends City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization in the amount of$355,000 for the purchase of four homes that will be retained as lease property for no more than thirty-six months and sold to eligible low/moderate income families. BACKGROUND The Beaumont Community Housing Development Organization successfully implemented six homes as lease- purchase properties under prior contracts. Four of these properties have already been conveyed to the lessors, prior to the expiration of the federally mandated timeframe. The remaining two properties are still within the first year of their lease/purchase agreement. BUDGETARY IMPACT Funding is available from the 2005 HOME Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, and Housing Manager 01/06/2006 02:02 4098132165 BCHDO PAGE 02 IMIM A�ao�X HOUSM 605 FW Florida Avenue Beaumont.Texas 77705 001400-: (409)813-2168*Fax60 (409)813-2165 www.lzs�s> fiat ms Hardy November 03, 2005 POW MaLaring itor Debra armetard Mrs.Janmu Lewis 8ttc Mw%Vsr City of Beaum at P.O.Box 3827 zaard Members- Beaumont,Texas 77704 We Caampra mama OeoW CMrA GOMM Dear Mrs.Lewis: $tr4 a Hari Shwaa VQQTW'X This letter is written to provide proposals to be funded from the Federal Funding Allison W&UM from CDBG and/or HOME allocations of the U.S.Dept.of HUD. ,The funds are as follow: Item# Description Amount Proposal# 1 Lease Purchase Units(4 homes) $355,000.00 Proposal#2 Soft Costs Q homes) $373,450.00 Total 5728,430.00 Request c are requesting any otbi;r uncommitted CDBG or HOME funds that may assist ur organization in continuing to provide and develop affordable housing in vitalizing neighborhoods in Beaumont,Texas. f you have any questions,please give me a call at(409) 813-2158 or(409)201- RCHDO 272. "Blasaad Christians 4mrely, Helptnp Dwenying Others" f toinette Hardy resident/Executive Director 81/06/2006 02:02 4098132165 BCHDO PAGE 03 PropM*1#1 (Fws*to purchase fora(4)pre,eidsdng homes built afrer1978 to lease to low to moderate Income families) These funds would assist our organization with capacity building and operating casts. Property Pausk.se Apprwisal Sarvey Homemest TOW Address prke Inspection House#1 $90,000.00 $400.00 $350.00 $500.00 $91,250.00 House#2 $90,000.00 $400.00 $350.00 $500.00 $91,250.00 House#3 $90,000.00 $400.00 S3$0.00 $500.00 $91,250.00 House#4 $80,000.00 $400.00 $350.00 $500.00 $81,250.00 x0.00 $0.00 TOTAL $350,000.00 $1,600.00 $1^.00 $20000.00 $355,000.00 • 3 January 24, 2006 Consider approving a contract with the Greater Beaumont Chamber of Commerce for economic development purposes • i City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 17, 2006 REQUESTED ACTION: Consider awarding a contract to the Greater Beaumont Chamber of Commerce in the amount of$75,000 for economic development purposes for the period January 1, 2006 through December 31, 2006. RECOMMENDATION Administration recommends awarding a contract to the Greater Beaumont Chamber of Commerce in the amount of$75,000 for economic development purposes. BACKGROUND The funds will be used for marketing Beaumont and business retention/recruitment efforts. Administration is extremely pleased with the relationship between the City and the Chamber. BUDGETARY IMPACT Funds are budgeted and available for this economic development purpose in the FY 2006 General Fund budget. PREVIOUS ACTION None. SUBSEQUENT ACTION Contract payments will be made quarterly in the amount of$18,750. RECOMMENDED BY City Manager and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with the Greater Beaumont Chamber of Commerce in the amount of $75,000 for economic development purposes for the period January 1, 2006 through December 31, 2006. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2006. - Mayor Guy N. Goodson - STATE OF TEXAS § SCOUNTY OF JEFFERSON This agreement, executed in duplicate, is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and the Greater Beaumont Chamber of Commerce, a non-profit corporation, hereinafter called "Chamber", acting herein by and through its President. WHEREAS,the City believes that economic development is crucial to the continued economic success of City and believes that Chamber should be retained to carry out a program of work on behalf of City for the economic development of City; NOW,THEREFORE, in consideration of the mutual promises made herein,the City and the Chamber agree as follows: 1. City does hereby employ, engage and hire Chamber to engage in a comprehensive range of activities and projects to create jobs in Beaumont directed at economic development. The Chamber does hereby agree to accept such hiring, engagement and employment and to discharge such duties in accordance with the terms and conditions herein set forth. 2. Chamber is hired as an independent contractor and is not an agent of the City. G:\CGWGREEMEN\BMT CHAMBER OF COMMERCE FY06.wpd 3. Chamber agrees to engage in a comprehensive range of activities and projects to create jobs in Beaumont. Chamber's program will be directed toward four separate aspects of job growth: a) retaining existing jobs; b) creating new businesses; C) expanding existing businesses; and, d) attracting new employers. To achieve these goals, the Chamber will maintain a capable paid staff with necessary expertise; recruit and organize volunteer workers from the community; maintain contacts and relationships with primary economic development allies of both public and private offices; gather and publish necessary information and statistics for prospects; maintain and build relationships with management of existing businesses;and promote any other specific activities or projects which will contribute to an environment conducive to job growth. 4. City hereby agrees to pay to Chamber during the term of this agreement Seventy- Five Thousand Dollars ($75,000). Payments of Eighteen-Thousand Seven-Hundred Fifty Dollars ($18,750) will be made upon receipt of invoice dated in January of 2006, April 1, 2006, July 1, 2006 and October 1, 2006. Chamber agrees to expend in excess of One- Hundred -Thousand Dollars ($100,000) in other Chamber funds for the purposes outlined in paragraph 3 hereof. G:\CG\AGREEMEN\BMT CHAMBER OF COMMERCE FY06.wpd 5. In conjunction with its annual audit, Chamber agrees to audit, on a review basis,the functional areas outlined in this agreement. Chamber agrees to provide City a copy of the report done by Chamber's certified public accountants on an annual basis. 6. The term of this agreement shall be from January 1, 2006 until December 31, 2006. 7. Chamber agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of the Chamber, its officers, agents and employees, including the officers, agents and employees involved in economic development and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Chamber shall carry, or cause to be carried, general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of Five-Hundred Thousand Dollars ($500,000) for each occurrence and property damage liability insurance in the amount of Twenty-Five Thousand Dollars ($25,000) for each occurrence. Said liability policies shall include contractual liability coverage in the same amounts as stated herein. Said insurance policies shall name the City of Beaumont as an additional insured. Said policies or duplicate originals thereof shall be filed with the City Clerk, or her designated representative, before any operations contemplated by this agreement are begun. EXECUTED in duplicate originals this the day of , 2006. G:\CG\AGREEMEN\BMT CHAMBER OF COMMERCE FY06.wpd CITY OF BEAUMONT By: City Manager ATTEST: By: City Clerk GREATER BEAUMONT CHAMBER OF COMMERCE By: Chairman of the Board ATTEST: By: G:\CGINGREEMEN\BMT CHAMBER OF COMMERCE FY06.wpd 01/09/2006 23:34_ 4098803112 _CITY MANAGERS OFFICE PAGE 02/03 DATE IMN►DOIYYYI� CERTIFICATE OF LIABILITY INSURANCE 04/14/2005 rRwucm C406)721-6400 FAX (404)721-9600 THIS OERTFICATE IS ISSUED AS A MATTER OF INFORMATION Talon Insurance Agflnnry,'• Ltd ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMENA EXTEND OR P. p. Box 1604 Al DE OVERAGE AFFORD BY THE PO FLOW. Nederl=d, TX 77627 Inyette Corley Ext. 4421 INSURERS AFFORDING COVERAGE NAIL N INSU "aYwat r 0 owwrce INsuftmx, Trave ers Ins Co. P 0 Box 3150 weuTtsa a; Beaumont, TX 77704 c INSURER D! INS IEi E THE POLICES OF INSURANCE LISPED 617AW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANVIls AAIY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHFA DOCUMENT WfrH RHBPECT TG WHICH THIS CFRTIRC•ATE MAY BE ISSUM OR MAY PERTAIN,"INSURANCE ArroRMO 0Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.r-cCLUSIONS AND OONWIONS OF a pOLK IES.AGGREGATE UNLi'S SHC)Wk MAY HAVE SEEN REDUCED BY PAID CWMS, R TYPE ofMURANCE powcTNUMOVIt P YEFFECTIVE pQLICYEXPIRATION LIIl1fri esNSfrA4 LIASILITT X66072SOA933TLCOS 03/19/200 03/W2006 2006 EACH 01-fRRmm t 1,000 00 X COMMEFI10AL GENERAL LIAfBLITY t:►n ITENrEro t 300.0001 CLAIMS MADE a OCCUR MOO E7>P&Tonepemonj S S,00 A PERSONAL a ADV 14JUR2Y s 1 000 GENERAL AGGREGATE 0 2,000, OM AWREC.A-M Luse APPLII15 PER PRpomm-CompmP Am s 2,0001 000 Ia ICY ,MECai LOC AuioMo9LELIAPAL.ITY X6607269A933TLC03 03/19/7005 03/19/2006 COMI&INVO 3ML9 LIMIT i ANY AUTO 3 0001 ALL OWNED AUTOS SOOLY INJURY i A $W 5DVW AVMS X HIRED AUTOS K=-Y fN.N17Y X NON4WNGDALMN P�ac 1 PRCPOiTY DAMAGE g ff'�t�de"U OAMM L ABILIV AUTO ONLY-EA ACCIDBCT t R ANY AUTO OTHER THAN RA ACC s AUTO ONLY. Ada ! EXCE -IMS LA LIABILITY EAgi 3 f]CRYIRR£NCE i mvA FI CLAIM£MADS AOOAiE131ATS S S DEOUCnBLE ; RETGNTIGN i S A • O vmKERs COMPENSATION AND gI ftArfi Ir'1JANILIT'Y f!L EACH ACC 0OW t EkOMOLMVE ODMI9 Eit 1= LL.DISKAM•9A CRIPLOY9 i M�M F-L ONJ&AM!-POIJOY LIMIT 9 ov"011 I O TTO1fi L / 61 CLUSI ADDED BYE3ND0MffMWTI IALPROVISMA oN naure rn vor of City or Raaumnt Es ragas to General Liability and Auto as required by written contreet. All Subject to Policy Forms and Conditions. CERTIFICATE HOLDER dANCIELLATION SHOULD ANY OFTHEABOVE DESCWBED POUCIBB BE CANMLM EI:MORE THIS DIFIMnON DATE nfMEOF.THE I.SSllING MURER WILKNORAVOR TO MAIL 10 DAV!WRITTBN NOTICE TO THE OYRTIRCATS HOLDER NAMED TO THE LEFT, City of Beaumont . OUr FA>LURa TO NAIL.SucH MOME SHALL IMPOSE NO OBLJOATION OR LIABILITY PO Box 3$27 OF AW KWO UVW`nW INSI-NMI.ITS aaeft OR REPRMWTATIV9L Beaumont, TX 77704 ��� AUni0K1�DREPRiWNTATIVE {� Ted Moor III Ext. 441 TLI ACORD 26(2001108) APR 1 8 2005 ©ACORD CORPORATION 1988 l:�Y: 01/09/2006 23:34 4098803112 CITY MANAGERS OFFICE PAGE 03/03 i IMPORTANT If the certH9oate holder Is in ADDITIONAL INGUR90,the policy(ies)must be endorsed.A statement on this eertlflcate does not confer rights to the certificate holder in lieu of such endorsement(s)- If SUBROGATIbN is WAIVED,subject to the tam■and conditions of the policy, oertein policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The CQrtifioste of Insurance on the reverse side of this form does not constitute a contract between the issuing insuror(a), authorized representative or producer, and the certificate holder, nor does it affirmatively or,nagatively amend,extend or alter the coverage afforded by the policies listed thereon. i i r ACORD 26(2001105) 4 January 24, 2006 Consider approving a resolution authorizing the City Manager to accept a grant for the Weiss Bluff Pump Station-Bank Stabilization Project moftar� City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme,Water Utilities Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 18, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to accept a grant for the Weiss Bluff Pump Station-Bank Stabilization Project. RECOMMENDATION Administration recommends approval of the grant for the Weiss Bluff Pump Station-Bank Stabilization Project in the approximate amount of$1,500,000.00. This project will stabilize the Neches River bank damaged by Hurricane Rita.The proposed project is sponsored by National Resource Conservation Service (MRCS). The sponsorship is a 75 1/o/25% partnership with the City of Beaumont providing 25% (approximately$375,000.00)of the matching funds.The project will allow for the re-stabilization of the Neches River bank. BACKGROUND The Weiss B1uffPump Station provides redundancy to the City of Beaumont surface water intake at Bunn's Bluff on Four Oaks Ranch Road.The station is utilized during drought conditions and emergency situations such as petroleum spills,damage to the Bunn's Bluff intake,biological and chemical spills and any failure to the Saltwater Barrier that may prevent it from executing it's designed function. The proposed work is due to unforseen conditions resulting from Hurricane Rita. The changes will improve the future operation, provide redundancy, increase the efficiency of the Water Treatment Plant,and help the City meet required State and Federal regulations. BUDGETARY IMPACT Funds for the project are available in the Capital Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. ,ti a «a , + • .. ; ...� 6 "tip �� t u -e *'� a ^w �•: -xa ,.� * ';�+ }� a "�a x '' r. ° . , A . .y. f z � ,ac .7 w r d ETA�� �'r C `� � ✓ � , AM- Ni illP -d 4 • 5 January 24, 2006 Consider amending Resolution No. 05-238 relating to the allocation of Community Development Block Grant (CDBG)funds 0 V~ City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 12, 2006 REQUESTED ACTION: City Council amend Resolution No.05-23 8 relating to the reallocation of Community Development Block Grant (CDBG) Program Funds. 0 RECOMMENDATION The Administration recommends City Council amend Resolution No. 05-238 relating to the reallocation of Community Development Block Grant(CDBG)Program funds. BACKGROUND On November 9,2004,City Council approved an allocation of CDBG Infrastructure line item funds to Habitat for Humanity in the amount of $150,000. Habitat for Humanity is a nonprofit organization that provides affordable homes to low income persons. These funds were to be used to develop the public infrastructure for the Phase II and III construction of 24 homes in Pine Brook Place Addition. During the development of the Disaster Relief Emergency Repair Program, staff inadvertently included those funds earmarked to Habitat for Humanity in the Small Business Loan Program. This amendment would return the $150,000 to the Infrastructure line items for program years 2002 ($53,878) and 2003 ($96,122) so they are available for Habitat for Humanity's Pine Brook Place Addition. To maintain the same level of funding in the Small Business Loan Program, it is recommended that$38,000 from the 2005 CDBG Infrastructure line item budget and$112,000 from 2006 CDBG funds be allocated to the Small Business Loan Program. This would bring the total amount of funds in the Small Business Loan Program back to $258,000. BUDGETARYIMPACT CDBG funds, not to exceed $150,000, will be reprogrammed to the original CDBG 2002/03 Infrastructure line item budget for Habitat for Humanity. CDBG funds,not to exceed$38,000 from the 2005 CDBG Infrastructure line item budget and$112,000 from the 2006 CDBG budget will be added to the existing funds ($108,000) in the Small Business Loan Program. PREVIOUS ACTION Funds from 2002/03 CDBG Infrastructure line item were allocated to the Small Business Loan Program line item budget. SUBSEQUENT ACTION None. RECOMMENDED BY City ,Public ty Works Director, Planning Manager, Grants Administrator 01/17/2006 13:27 4098803740 BEAUMONT CITY CLERK PAGE 01/02 RESOLUTION NO. 05-238 WHEREAS, Resolution No. 05-225 reallocated funds from the 2000, 2002, 2003 and 2004 Consolidated Block Grant Program years to fund the implementation of an Emergency Repair Program; and, WHEREAS,Resolution No.05-225 should be amended to reflect more appropriate grant years for the reallocation of the Community Development Block Grant Funds programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. O1= THE CITY OF BEAUMONT: THAT the following funds be reallocated to the Emergency Rehabilitation Program: Program Year Line Item 1998 Small Business Loans $258,000 2000 Charlton-Pollard Strip Center $122,254 Total $380,254 " (Approved November 1,2005) 01/17/2006 13:27 4098803740 BEAUMONT CITY CLERK PAGE 02/02 BE IT FURTHER RESOLVED that the following funds will be reallocated to the Small Business Loan program: Program Year Line Item Amount 2000 Chariton-Pollard Strip Center $3,746" 2002 Acquisition $10,376 2002 Infrastructure $53,878 2003 Infrastructure $100,000 2004 ' Infrastructure $80,000 Total $258,000 ' (Approved November 1,2005) PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15"' day of November, 2005. � 0�ryl��+ of i i -Mayor Guy N. Goodson - 6 January 24, 2006 Consider authorizing the City Manager to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in the PineBrook Place Addition I ! City of Beaumont aim Council Agenda Item IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner Public Works Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 18, 2006 REQUESTED ACTION: City Council authorize the City Manager to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in the PineBrook Place Addition RECOMMENDATION The Administration recommends City Council authorize the City Manager to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in Pinebrook Place Addition. BACKGROUND Beaumont Habitat for Humanity is a nonprofit organization whose mission is to eliminate poverty housing needs by building modest affordable homes in partnership with hard working motivated individuals who cannot afford to purchase a home through a conventional or government-backed mortgage. Affiliated with Habit for Humanity International,Beaumont Habitat was founded in 1979 and since that time has sold more than 40 homes. The current goal of Beaumont Habitat for Humanity is to construct a total of 34 homes on Jenard Street in three phases. Construction of the final home in Phase I of the project is complete. In order to proceed with Phase 11 and Phase III of the project, it is necessary to design and construct the remaining section of Jenard Street, the water and sewer lines and the storm water drainage system. The City of Beaumont committed $150,000 of Community Development Block Grant funds on November 9, 2004 to infrastructure improvements. Competitive bidding for the project is complete and requires and additional $37,000 to secure the contract for construction. BUDGETARY IMPACT Funding is available from the 2005 Consolidated Block Grant Program, Infrastructure line item. PREVIOUS ACTION Funds from 2002 and 2003 Community Development Block Grant program, $53,878 and $96,122 respectively, from Infrastructure line items were reprogrammed for the design and construction of the aforementioned improvements. Bids were submitted by two contractors to Fittz&Shipman,Project Engineers for the project. Simco Enterprises, LTD had the lowest bid of$187,850.80. Completion of Pinebrook Place will provide homes for 34 families and will yield approximately $10,000 per year in property taxes to the City. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Grants Administrator Doc 12 05 12:09p Bmt Habitat For Humanity 4098328024 p.2 Fitz & Shipman INC Consulting Engineers and Land Surveyors RowN 0.Ffi1t.PE.RPLS.(194&i 7} Tory SNFim.P.E.Pmsidsnt Jdm Haim P.E.LS.,YwePasWa t December 7,2005 Ms. Uilana Trylowsky Habitat for Humanity We Value ,J 610 Trinity LAMARuNPARSr7v Beaumont,Texas 77701 RE: Pinebrook Place—Unit 2—Phase 2 FS Proj.No.02171.0002 Recommendation for Award of Construction Contract Dear Ms.Trylowsky Bids for Phase 2 of Pinebrook Place Unit 2 Subdivision were received 2:00 PM December 6,2005. A tabulation of the bids received is attached. We have performed an evaluation of the Bids,Bid Security and Contractor Qualification Statements which were provided. The lowest bid received was from SIMCO ENTERPRISES LTD of Groves, Texas in the amount of $187,850.80 for the Base Bid. The Contract Time was set for all Bidders to be 60 days to Substantial Completion and 80 days for Final Completion. Based on the bids received, we recommend the contract for `Pinebrook Place — Unit 2 — Phase 2" be awarded to SIMCO ENTERPISES. LTD. In the amount of 187850.60. I have spoke to John Beatty at the City of Beaumont Community Development Department this morning and he has informed me that the City does not require an approval process by them before you award the project. I have prepared a sample Letter of Award addressed to Simco Enterprises Ltd. 1 recommend you send this letter or something similar to Simco to indicate your intent to award the contract to them. Following your Letter of Award, we will submit updated contract booklets to Simco and give them instructions regarding the submission of Bonds, Insurance, etc. which are necessary prior to signing the Contract Agreement. Should you have any questions or comments, please contact me. Sincerely, FITTZ&SHIPAL4N,INC. by: Donald R. Krng. oject Engineer` forth Firm 1712RMOI �l 1405 Comerstone Court.Beaumont,Texas 77706.(409) 832-7238•fax(409)832-7303 �- - '- v BID TABULATION N O Pinebrook Place - Unit 2 Phase 2 FS Proj. 02171.0002 Habitat for Humanity, Beaumont Date: Tuesday, December 6,2005 � Contractor: 1 Z Time: 2:00 PM B star Contracting, Inc Simco Enterprises, LTD. �Y co Groves,Texas Beaumont,Texas }SASE BID unit Tatai Unit Total Est. Price Bid Price Price Bid Price Cr ITEM Qty. UNITS DESCRIPTION -n 45.35 97,049.00 48.50 103,790.00 0 1 2,140 S.Y. 6"thickness Conc pavement 4.75 6.602.50 3.00 4,170.00 = 2 1,390 L.F. 6"Concrete Curb 40.00 1,080.00 50.00 1,350.00 C 3 27 L.F. 15"RCP Storm Sewer 50.00 52 70 6380.80 8,900.00 , = 4 178 L.F. 18"RCP Stone Sewer 54,00 9,774.00 5 161 L.F. 24"RCP Storm Sewer 52.70 9,538.70 g 1 Ea. Conc Rip Rap for 18" 1,000.00 1,000.00 2,400.00 2,400.00 1,000.00 1,000.00 2,400.00 2,400.00 7 1 Ea. Conc Rip f7ap for 24" 3,700.00 14,800.00 2,800.00 11,200.00 8 4 Ea. Curb Inlet 5'wl 5'Ext 750.00 5,250.00 650.00 4,550.00 g 7 Ea. Near Side San Sewer Taps 840.00 9,240.00 950.00 10,450.00 1.0 11 Ea. For Side San Sewer Taps 550.00 7,150.00 730.00 9,490.00 11 13 Ea. Near Side Water Taps 750.00 8,250.00 850.00 9,350.00 12 11 Ea. Far Side Water Taps 3;550.00 7,100.00 3,500.00 7,000.00 13 2 Ea. Fire Hydrant&Valve $50.00 650.00 3,500.00 3,500.00 14 1 L.S. Seeding ROWS 1,500.00 1,500.00 7,000.00 7,000.00 15 1 LS. Erosion Control Items 250.00 750.00 105.00 315.00 N 16 3 Ea. End of Roadway Markers 10,00 10.00 2,500.00 2,500.00 $ 17 1 L.S. Trench Safety Systems 1g 1 L.S. Tem ''1 N! .Cul-De-Sac(Conc) 7,500,00 7 9'200.00 $207,339.00 TOTAL AMOUNT SASE BID 60 days 80 days Substantially Complete 80 days 80 days Final Payment 5% BID BOND 5% BID BOND v BID SECURITY Acknowledge Add.1 to ADDENDUM Acknowledge Add.1 Acknowledge Add.2 Acknowledge Add.2 QUALIF STATEMENT Qualification Statement Qualification Statement Page 1 of 1 Fittz Shipman, Inc. 1712BT.XLS i 1 i 1 IV 4P # a / + t 1 1 a • �`�" • r � i o CHAN Lit IP • tit''!' • � �r 'Y � • S � . hh' 7 v - 4 s � `• sf tT s Sul f I we ••1 7a! 1a W* • S - - too 11 w ' f • f ` f • s t_ . goo . • w a � • s - • • • s e � � u. 31 a• . :• es at a .•_ ss as et !! • we S l too r q • • I ,-= r • a � s a � Q I Attachment 1: Habitat Homeowner Selection Criteria Habitat Homeowners are selected on the basis of three criteria: Need, Ability to Pay, and Willingness to Partner. Need: Applicants must be living m sub-standard lousing to qualify for a Habitat home. The Fay Selection Committee makes site visits to applicants' current places of residenee to determine the level of need for adequate housing. Ability to Pam Applicants must demonstrate an ability to make timely mortgage payments,the Family Selection Committee reviews the applicants' employment history,dctcrmines their level of current debt, and ascertains the applicants' understanding of the financial obligations of homeownership. Wilijag ss to Partner: The Habitat program is not a "give-away" program. Successful applicants mast understand and accept the-philosophy of Habitat for Humanity that calls us to help ourselves and one another to eradicate poverty housing. Successful applicants must agree to complete 300 hours of"sweat equity"helping to build their neighbors' homes,their own homes, and assisting the affiliate and ReStore. Successful applicants also participate in homeowner preparation classes and in the IDA Financial Strategies course. These programs prepare the future homeowner for the realities of owning a home and dealing with home maintenance,mortgage payments,insurance and taxes. Auachment 2: Comments from Habitat Homeowners For Wriam, the most important thing about moving into a Habitat home was "having a safe place for my boys to live and play. They spend most of their time outside and with their own yard to play in I have a lot less to worry about." Miriam feels that homoownership has increased her cbildrea's sense of self-worth. `1 think the biggest change in our lives has been in how we we ourselves. The boys make sure everyone knows that this is our house—that we are buying this home and that we worked on it and painted it and those arc our flower beds in the yard." Miriam too feels the benefit of o her home:"It feels better at the end of the day to o And � �$ Y g to your own home." Even though Randy worked 60 and 70 hours per week,the father of four children just could not make ends meet. He and wife Nicole lived with their family in a run-down two bedroom trailer that leaked whenever it rained. The young children,cramped into one bedroom,lacked the space needed for playing and studying. But through the assistance of Habitat for Humanity,Randy and Nicole are currently working with volunteers to build their own four bedroom home that will provide a decent level of shelter and comfort to this bard-working family. "It's just.so exciting to see our home coning together,"Randy said recently at the construction site as his two oldest sons wrote their names in pencil on the frames of their bedroom walls and argued over whose room was the largest. Monica was glad that with Habitat for Humanity's assistance she was able to move out of the projects and provide a safer-environment for her young son. "In the time I have lived in the projects I have wig someone being shot at;children as young as 14 and 15 being shot and killed over chugs; and several stabbings, fights and alcohol related alwses. By leaving the projects,my son will have the opportunity to be safe and comfortable playing outside. This will allow him to create his own environment instead of having to adjust to project life—having it create him." Before learning about Habitat, Marie was living m a garage that had been converted into an apartment of sorts. She had no kitchen sink and cooked her meals on a hat plate. The 35 year Old nurse's assistant couldn't afford a conventional mortgage. But through Habitat for Humanity Marie was able to fulfill her dream of owning a bona. "Habitat for Humanity is a great way to build wonderful communities and to allow people to be responsible," Marie wrote in a letter of thanks. • 7 January 24, 2006 Consider approving a new city ordinance allowing Municipal Court to collect an additional $2.50 fine per Class C misdemeanor offenses that occur on or after February 1, 2006 C *ty of Beaumont •�• c Council g Cil A enda Item � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 17, 2006 REQUESTED ACTION: Council consider a new city ordinance allowing Municipal Court to collect an additional$2.50 fine per Class C misdemeanor offenses that occur on or after February 1, 2006. RECOMMENDATION: Administration recommends the approval of the new city ordinance to collect the additional$2.50 fine per offense. BACKGROUND: In the 79`' Legislative Session of the State of Texas, the Legislature passed HB1575, Section 35,which allows a municipality,by ordinance, to create a juvenile case manager fund and require a defendant convicted of a fine-only misdemeanor offense (Class C)in a municipal court to pay a juvenile case manager fee not to exceed$5 as a cost of court. BUDGETARY IMPACT: The City currently employs a Juvenile Court Specialist at an annual cost of approximately$46,000 for salary and benefits. Based on history,it is expected that the City will collect approximately$52,000 if this fee is set at$2.50 per offense. These funds may only be used to offset the costs of case managers. Any excess funds received may be used for the same purpose in future years or for additional case managers. PREVIOUS ACTION: None. SUBSEQUENT ACTION: None. RECOMMENDED BY: City Manager, Chief Financial Officer and Court Administrator. _ i ORDINANCE NO. ENTITLED AN ORDINANCE ESTABLISHING A MUNICIPAL COURT JUVENILE CASE MANAGER FUND AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A $2.50 MUNICIPAL COURT JUVENILE CASE MANAGER FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY AND PROVIDING FOR REPEAL. Section 1. WHEREAS, Article 102.0174 of the Texas Code of Criminal Procedures provides for the establishment of a Municipal Court Juvenile Case Manager Fund; and, WHEREAS, a $2.50 Juvenile Case Manager fee shall be collected to provide monies for such fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT Section 2. THAT there is hereby established a Municipal Court Juvenile Case Manager Fund, the money from which may only be used for the purposes outlined in Article 102.0174 of the Code of Criminal Procedure to provide for the salary and benefits of a Juvenile Case Manager in the Municipal Court. Section 3. The Clerk of the Municipal Court shall collect a $2.50 Juvenile Case Manager fee from each person convicted of a fine-only misdemeanor offense in Municipal Court as a cost-of-court from and after the effective date of this Ordinance. This fee shall be deposited into the Municipal Court Juvenile Case Manager Fund. For purposes of collection of this Juvenile Case Manager fee a person is considered convicted if a sentence is imposed on the person,the person receives deferred disposition, or the person receives deferred adjudication from the court. Section 4. The Municipal Court Judge is hereby authorized to waive the fee required by this ordinance in a case of financial hardship. Section 5. The City Manager be and he is hereby authorized to expend monies from the fund in accordance with the ordinances of the City of Beaumont and laws of the State of Texas. Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 7. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 8. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2006. - Mayor Guy N. Goodson - 8 January 24, 2006 Consider approving a six(6)month contract to various vendors for the purchase of water treatment chemicals i City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 17, 2006 REQUESTED ACTION: Council approval of a six (6) month contract to various vendors for the purchase of water treatment chemicals. RECOMMENDATION Administration recommends award of a six (6) month contract to various vendors as reflected below for purchasing water treatment chemicals at the unit costs stated below with an estimated total contract expenditure of$137,720. BACKGROUND Bids were requested for an annual contract for water treatment chemicals for use by the Water Utilities Department. The chemicals included in this bid are liquid chlorine, sodium hydroxide and phosphate. The chemicals are used to disinfect and purify the City's water supply. Bid notices were provided to 16 vendors with six (6) responding with bids as reflected in the attached bid tabulation. The products of each bidder recommended for award meet all specifications. The contract provides for various vendors to furnish water treatment chemicals at the following fixed unit prices: Vendor Chemical Estimated Current Price Quantity DXI Industries, Inc. Liquid Chlorine 70 tons $581.00 /ton Houston, Texas Six(6)Month Contract for Water Treatment Chemicals January 17, 2006 Page 2 Vendor Chemical Estimated Current Price Quantity Harcros Chemicals Sodium Hydroxide 150 tons $521.00 /ton Pasadena, Texas Sweetwater Technologies Phosphate 15 tons $1,260.00 /ton Columbia, Tennessee BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director and Water Utilities Director. 9 January 24, 2006 Consider approving a bid for metal building repairs to Hangar`B" at the Beaumont Municipal Airport IIDOJ Y Cit of Beaumont Council Agenda Item � E TO: Ci ty Council it FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 19, 2006 REQUESTED ACTION: Council consider award of a bid for metal building repairs to Hangar "B" at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends awarding a bid for furnishing all labor, supplies, materials and equipment for repairs to Hangar`B"at the Beaumont Municipal Airport to Cleveco Construction of Lumberton in the total amount of$50,148. BACKGROUND Bid notices were provided to twelve(12)vendors,with only Cleveco responding with a bid. The structure was damaged by Hurricane Rita, and needs to be repaired to bring all the hangar doors back into proper operating condition. The scope of work includes replacement of damaged hangar doors and of damaged metal components throughout the building. The completion time is estimated to be 90 days, and work will commence in early February. BUDGETARYIMPACT Due to the nature of the damage, it is anticipated that funding for this project will be reimbursed from property insurance proceeds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. Repair of Hangar`B"-Beaumont Municipal Airport January 17, 2006 Page 2 RECOMMENDED BY City Manager and Internal Services Director. 10 January 24, 2006 Consider approving a resolution adopting the Regional Mitigation Action Plan City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 17, 2006 REQUESTED ACTION: Council approve a resolution adopting the Regional Mitigation Action Plan. RECOMMENDATION Administration recommends approval of a resolution adopting the Regional Hazard Mitigation Action Plan. BACKGROUND The Federal Emergency Management Agency (FEMA) has implemented hazard mitigation planning regulations as a part of the Disaster Mitigation Act of 2000. These provisions provide new federal requirements for mitigation planning and offer a significant opportunity to reduce disaster losses through mitigation planning at both the State and local government. These new regulations impact the City's eligibility to participate in federally funded hazard mitigation programs. In the spring of 2003, the South East Texas Regional Planning Commission(SETRPC)contracted with J.F. Thompson, Inc. of Houston, Texas, in association with Lamar University, to work with SETRPC and seven local jurisdictions, including the City of Beaumont, in developing this natural hazard Mitigation Action Plan(MAP). This plan has been developed to meet the state and federal requirements related to the Disaster Mitigation Act of 2000 and its purpose is to reduce the potential for loss of life and property that could result from a future disaster event. References to Beaumont's roles and responsibilities are included in the Regional MAP. Upon approval of Regional MAP by City Council, the Regional MAP will be forwarded to the State and FEMA for final approval. The MAPs must be approved by FEMA for the area to receive federal funding for future natural disaster events. BUDGETARY IMPACT Although the adoption of Regional Mitigation Action Plan does not require the expenditure of funds, the proposed mitigation actions in the plan will require minimal annual expenditures for public awareness and disaster preparedness programs. Additionally, matching funds may be required for mitigation actions after future natural disaster events. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director HazardMitigationActionPlanAdoption.wpd � 11 January 24, 2006 Consider approving a resolution to accept the Delaware Street Extension Project, approve Change Order No. 5 and authorize Final Payment to Brystar Contracting Inc. ...... City of Beaumont wilmuel"Iffid*1 M!•�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 24, 2006 AGENDA MEMO DATE: January 12, 2006 REQUESTED ACTION: Council consider a resolution to accept the Delaware Street .Extension Project,approve Change Order No. 5 and authorize Final Payment in the amount of$238,698.97 to Brystar Contracting Inc. RECOMMENDATION Administration recommends acceptance of the Project, approval of Change Order No. 5 in the amount of$52,844.06, and authorize Final Payment to Brystar Contracting Inc. in the amount of$238,698.97. BACKGROUND On October 28, 2003, the City Council awarded Brystar Contracting Inc. the contract for the Delaware Street Extension Project for an amount of$4,224,066.30 which includes $980,421.20 for construction of water and sanitary sewer utilities. Change Order No.5 in the amount of $52,844.06 is required to adjust the estimated quantities on the project to reflect the actual quantities used during the performance of the project. This Change Order in addition with the previous four change orders increases the final water and sanitary sewer amount to$1,424,500.00 and the final contract amount to $4,752,418.36. The MBE participation in the performance of the contract totals $532,217.45; representing 11.20% of the final contract amount. A copy of Schedule C, identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. BUDGETARY IMPACT Project is funded as a part of the Capital Program. Is PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director. T l � 606-0703 CIO . cn CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) Date of Report Department Project No. Location zc� _Brystar Contracting, Inc. Total Contract Amount $4,752,418.36 Name of Prime Contractor/Proposer j!_Iti�i9a' yy"ki nJ r 3 -t I I 4 ::... t 'i 1 .T" �(.i�''.,'h'dld�"'lj��•��i. ,d(i' ', •,,,,�yy t i:.y;i Its r�/f�.� dd ply r�•]ycp it �{y .}211 l� .,�r pn ���NSSF;_;hr.y.�;�l,�lr�i�€� (G.rky,..''��1S,;x2ii•`•4jitlF��31 ., M I ,I n't r �r_ 3{t4,Y y�hv '<v�'al -x �.yi� i! l��r •1 it 'r �y', ,. �I•�.,._. V�(Ff%�A`(Al,1((�^�l;fl!',:`M)�p�,�.{t.,. .r '-''�� .]Jf..�y�{� t { � ( y'y) � '�.�/y�.,r/ I• :::1{�,�W�V/14;(�j yp����V;i;'V;4�.�:'':i�t7r "''i,+:�'1. '��:: ...o. 'i 5A: Fr,.Lq,r .9T lZ?^ •4.i:���•`.'��p, rr;{Y ;t -�y Crabtree Barricades 'P.0. Box 20195 BMT, TX 77720 Pavement Markings/Barricades/Signs $28,284.17 (v Municipal Marketin 235 East Castle Harbour Dr Wafter Line Su lies $457,834.62 N �-. Fri Ln Riiral Pie & Supply .0. Box 1540 Jasper. TX Pi in Utilit Su lies $40,302.00 7595 Wholesale Electric .0. Box 20077 BMT TX 77720 Electrical Conduit & Supplies $4,589.15 0 .j 065 N ST. Vidor, TX 77662 ' Hour1 T^uckin $1,207.50 Ramco Trucking CA) The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. Any business listed above must have Schedule A on file with the City, 2. Schedule C is to be included with bid,and resubmitted at 60%and 100%of project completion. ._J Signature cyan Phelps -� President ` Title 00201-4 L:NROJEC'rS\&XA07091Doc1Specs%Flnal Specs\00201.doc n CITY OF BEAUMONT DATE: JANUARY 20,2006 PROJECT: DELAWARE STREET EXTENSION PROJECT OWNER: CITY OF BEAUMONT CONTRACTOR: BRYSTAR CONTRACTING INC. CHANGE ORDER NO.: 5 (FINAL) Adjust the Estimated Quantities to reflect the Actual Quantities used in completing the project. ORIGINAL CONTRACT AMOUNT: $4,224,066.30 NET FROM PREVIOUS CHANGE ORDERS NOS.1,2,3&4: $4,699,574.30 TOTAL AMOUNT OF THIS CHANGE ORDER: $52,844.06 PERCENT OF THIS CHANGE ORDER: 1.12% TOTAL PERCENT CHANGE TO DATE: 12.51% NEW CONTRACT AMOUNT: $4,752,418.36 ACCEPTED BY: CONTRACTOR APPROVED BY: , JORIS P.COLBERT,P.E. CITY ENGINEER THOMAS A.WARNER,P.E. DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER ATTESTED BY: CITY CLERK