The URL can be used to link to this page

Home My WebLink AboutPACKET DEC 12 2006 L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 12, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Presentation from the Greater Beaumont Chamber of Commerce * Public Comment: Persons may speak on scheduled agenda items 5-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling- Medium Density)District on the north side of Concord near Judy Lane 2. Consider approving a request for a zone change from LI(Light Industrial)District to GC-MD (General Commercial-Multiple Family Dwelling)District at the northwest corner of Fannett Road and Cardinal Drive 3. Consider approving a request for a specific use permit to allow a mortgage and real estate company in an RCR(Residential Conservation and Revitalization) District at 2365 McFaddin 4. Consider approving a request for a specific use permit to allow the expansion of church activities in an NC (Neighborhood Commercial)District at 3235 Highland Avenue 5. Consider authorizing the City Manager to execute a contract for Sanitary Sewer System Improvements referred to as the West Trunk Outfall Rehabilitation Phases I and II Project 6. Consider approving the purchase of a track dozer for use at the Landfill 7. Consider approving the purchase of a track hoe for use in the Water Department 8. Consider approving a bid for furnishing and installing carpet at the Julie Rogers Theatre WORKSESSION * Review and discuss the reallocation of Texas Department of Housing and Community Affairs Disaster Recovery Program funds and adopting revised Housing Program Guidelines for Disaster Recovery Programs 9. Consider reallocating Texas Department of Housing and Community Affairs (TDHCA)Disaster Recovery Program funds and adopting revised Housing Program Guidelines for Disaster Recovery Programs 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: Roy Cooper v. City of Beaumont, et al;No. 105324 Southwestern Bell Telephone v. City of Beaumont; Cause No. A-176610 City of Beaumont v. The J. B. Langham Estate 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, c vwCity of Beaumont M Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 12, 2006 AGENDA MEMO DATE: November 21, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District on the north side of Concord near Judy Lane. RECOMMENDATION The Administration recommends approval of a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District on the north side of Concord near Judy Lane. BACKGROUND Fittz & Shipman, Inc. is requesting a zone change from RS (Residential Single Family Dwelling) District to RM-M(Residential Multiple Family Dwelling-Medium Density)District for an 11.8 acre tract of land on the north side of Concord near Judy Lane. The master plan for the entire 62.3 acre development includes property for detached single family dwellings,medium density townhouses and medium density apartments. In February, 1998,the City Council approved a zone change from RS to RM-M for the 12 acres to be developed as townhouses. There will be 38.5 acres remaining for single family dwellings. Access to the subject property will be provided by Sienna Trails,a collector street. A preliminary plat is being considered for the subject property and an additional 12.4 acres to the east. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 20, 2006, the Planning Commission voted 6:0 to approve a zone change from RS(Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District on the north side of Concord near Judy Lane. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF CONCORD NEAR JUDY LANE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located on the north side of Concord near Judy Lane, as shown on Exhibits "A" and "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a 5/8" iron rod found in the easterly right-of-way line of Concord Road for the most westerly corner of Lot 4 of Johnson and Sampson Subdivision, a plat recorded in Volume 4, Page 99 of the Map Records of Jefferson County, Texas and the most southerly corner of the said 62.29 acre tract; THENCE along the said easterly right-of-way line of Concord Road and the westerly line of the said 62.29 acre tract with the following courses and distances: North 30°41'05" West a distance of 92.21 feet (called .North 30°35'00" West 92.10 feet) to a 1" iron pipe found for an angle point; North 31 007'13" West a distance of 71.67 feet (called North 31°13'30" West 71.70 feet) to a 5/8" iron rod found for an angle point; North 44 052'52" West a distance of 69.69 feet (called North 44 057'55" West 69.70 feet) to a 5/8" iron rod found for an angle point; North 58°02'54"_West a distance of 56.74 feet (called North 57°59'45" West 56.70 feet) to a 5/8" iron rod found for an angle point; North 89 056'46" West a distance of 62.06 feet (called North 89 047'48" West) to a 3/4" capped iron rod found for the corner of the said 11.79 acre tract and being the TRUE POINT OF BEGINNING FOR the 11.79 acre tract; North 89 056'46" West a distance of 189.67 feet to a found 3/4" iron rod and point for corner of-said 11.79 acre tract; South 53 056'14" West a distance of 124.36 feet to a point for the southwesterly corner of said 11.79 acre tract; Thence along the westerly line of said 11.79 acre tract North 40°44'23" West a distance of 405.45 feet to a point for corner; THENCE continuing along said westerly line of said 11.79 acre tract North 40°50'07" West a distance of 388.95 feet to a point in the most westerly corner of said 11.79 acre tract; THENCE along the northwesterly line of said 11.79 acre tract North 49°07'36" East a distance of 559.22 feet to a point; THENCE along the right-of-way of Sienna Trails North 19°45'45" East a distance of 42.31 feet to a point; 7-HENCE across the Sierra Trails right-of-way South 70°74'15" East a distance of 60.00 feet to a -"point; THENCE South 89°54'30" East a distance of 81.23 for the northeasterly corner of said 11.79 acre tract; THENCE South a distance of 827.38 feet to the TRUE POINT OF BEGINNING and containing 11.79 acres of land, more or less; EXHIBIT "A" IES WOODLANDS MONISM ON I VOL 13 PC.2 XNR 4 File 1856-Z: Request for a zone change from RS (Residential Single Family Dwelling) NORTH °" - District to RM-M(Residential Multiple Family Dwelling-Medium Density) District. Location: North side of Concord near Judy Lane AL Applicant: Fittz& Shipman, Inc. SCALE s'w" V=200' a�' R • pp �/F _ 4�:Ef '�imNSYm s 69'01r w 259.31' E...—s twee•9XRW1 m,n NOW OR FORMERLY e _ S DOIO'i1"W 199.9s' O•tfEtDER (.•.—i-��.�� VOL 1659 PG.363 XOR oaotrt 4m ena r--------------------b "°° —————————— L----------------------��„�.,�.�_, ,..��,.:.�.-------�- - ------- R_ S - E .6� i ,.tee `.a. 81'N'22-W Al 1 6• ST ea 6.29 ACRE , now OR roRMERLY 6EA1NA P.0.257 CW bb VOL 737 PG.367 JCOR . , -111 R�II�II�iI� p P1 F ' J NOW OR FORMERLY if f DAND N1NN ' 0 V'LL 333 17 PG.11 JCDR NOW OR FORMERLY ESBERT COL 1 dVU.700 PO.152 XOR \ t \\ , NOW OR FORMERLY RONALD J.RISODEAUW VOL 1676 PG.190 XDR \ _ SAID EL NRLUCLAN \ \ i 173-4 PC.57 XOR 'PROPOSED R-S ZONE �y r "J ` �! y ■ NOW OR FORMERLT T O/ R M- M ZONE r' �� E.N.RICH ARD50N RM_M r � \\�i�L f t✓ /i 7�I NOW DR FORMERLY W.A.DIER 016 1 PC.111 XDR g NOW OR FORMERLY 8 F ACHES WOOOROW DYER _' g V0.1997 PC.446 CDR NOW OR FORMERLY LN.NOFFPAUR 6 VCl_537 PG 562 XOR \ N&-'47-55-W 6.E' \ m yr mi Roe " yw ROB e R S L /Y i r LOT 4 / N - s / GC-MD , , � L073_ LOT J c "INSERT" /, �� EXHIBIT "B" I 2 December 12, 2006 Consider approving a request for a zone change from LI (Light Industrial)District to GC-MD (General Commercial-Multiple Family Dwelling) District at the northwest corner of Fannett Road and Cardinal Drive City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 12, 2006 AGENDA MEMO DATE: November 21, 2006 REQUESTED ACTION: Council consider a request for a zone change e from LI (Light Industrial)District to GC-MD(General Commercial-Multiple Family Dwelling) District at the northwest corner of Fannett Road and Cardinal Drive. RECOMMENDATION The Administration recommends approval of a zone change from LI(Light Industrial)District to GC- MD (General Commercial-Multiple Family Dwelling) District at the northwest corner of Fannett Road and Cardinal Drive. BACKGROUND Paradise Baptist Church is going to build anew church at Fannett Road and Cardinal Drive. The church's property zoning is split between GC-MD and LI. A church is permitted in a GC-MD District by right. LI zoning requires a specific use permit. At the suggestion of the Planning Manager,the church is requesting that the subject property be rezoned to GC-MD so that it may proceed with its development plans without a specific use permit. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 20, 2006, the Planning Commission voted 6:0 to approve a zone change from LI(Light Industrial)District to GC-MD (General Commercial-Multiple Family Dwelling)District at the northwest corner of Fannett Road and Cardinal Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICTTOGC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF FANNETT ROAD AND CARDINAL DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the northwest corner of Fannett Road and Cardinal Drive, being Tr. 2, Blk. 1, All of Blk. 2 and Tr. 1, Blk. 3, Heflebower and Scott Addition, City of Beaumont, Jefferson County, Texas, containing 5.86 acres, more or less, as shown on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - V W •/•3.j1 M-.ff00 3 —2SIa01SlOOI 14 Ja 26 q2,File 1854-Z: Request for a zone change from LI(Light Industrial) District to GC-MD NOR z (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: Northwest corner of Fannett Road and Cardinal Drive �& Applicant: Paradise Baptist Church SCALE 11,400' B-/7 84 v/ 94 = Sri } 6 Loo (V 2-vo 400- 0--A 2-n W 7R s I . - i � 5A �O♦ I. 60 0 5 7125 SA ZNq < y EXHIBIT "A" 3 December 12, 2006 Consider approving a request for a specific use permit to allow a mortgage and real estate company in an RCR (Residential Conservation and Revitalization) District at 2365 McFaddin I City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 12, 2006 AGENDA MEMO DATE: November 21, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a mortgage and real estate company in an RCR (Residential Conservation and Revitalization)District at 2365 McFaddin. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a mortgage and real estate company in an RCR(Residential Conservation and Revitalization)District at 2365 McFaddin with a modification to the landscaping/screening requirements along the east and west sides of the property (no additional landscaping; existing 6' chain link and 8' wood fences along the east property line; existing 6'wood and 3' chain link fences along the west property line) and with the stipulation that the sign be attached to the building. BACKGROUND Lawrence Bland, owner of Platinum Capital Mortgage and Real Estate,Inc., is requesting a specific use permit to allow the operation of his mortgage and real estate company in an existing building at 2365 McFaddin. Mr. Bland states that the necessary mortgage information is typically gathered over the phone and then processed by a loan processor.Occasionally,individuals do drop papers off at this location. The verification process is all handled electronically. Once the information has been fully processed and verified, the loan package is then mailed, faxed or e-mailed to an approved lender. A title company is then chosen to hold the closing. Office hours are 9 a.m. - 5 p.m., Monday-Friday. Four full-time employees work out of the office. According to City records, the subject property was previously used as an office for a home health business. Affiliated Home Health Care opened for business in 1995. In 1996, a name change occurred and the business became known as Progressive Home Health Care. No specific use permit was ever issued for the property. The property became vacant on October 2, 2006. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 20, 2006, the Planning Commission voted 6:0 to approve a specific use permit to allow a mortgage and real estate company in an RCR (Residential Conservation and Revitalization) District at 2365 McFaddin with a modification to the landscaping/screening requirements along the east and west sides of the property (no additional landscaping; existing 6'chain link and 8'wood fences along the east property line; existing 6'wood and 3'chain link fences along the west property line)and with the stipulation that the sign be attached to the building. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MORTGAGE AND REAL ESTATE COMPANY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2365 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Lawrence Bland, owner of Platinum Capital Mortgage and Real Estate, Inc., to allow a mortgage and real estate company in an RCR (Residential Conservation and Revitalization) District located at 2365 McFaddin, being Lots 9 and 10, Block 21, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a mortgage and real estate company in an RCR (Residential Conservation and Revitalization)District located at 2365 McFaddin, being Lots 9 and 10, Block 21,Averill Addition, City of Beaumont, Jefferson County,Texas, containing 0.34 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Lawrence Bland, owner of Platinum Capital Mortgage and Real Estate, Inc., his legal representatives,successors and assigns, subject to the hereinafter described conditions: �A► Modification to the landscaping/screening requirements along the east and west sides of the property (no additional landscaping; existing 6' chain link and 8' wood fences along the east property line; existing 6' wood and 3' chain link fences along the west property line; and �A► The sign is to be attached to the building. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto and made a part hereof for all purposes, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - 227- OrO it I �f 1 I � I I Z p I 1 I 7 / I J ♦ ,, I` t•..%aFc:•� File 1857-P: Request for a specific use permit to allow a mortgage and real estate NORTH •I 14 company in an RCR(Residential Conservation and Revitalization)District. Location: 2365 McFaddin L` - 0 Applicant: Lawrence D. Bland,Platinum Capital Mortgage and Real Estate,Inc. SCALE >o i V=200' _ •... ..............::.:.::•::::::.:ifr t.. v. --. - - ! I / Y. ::....:::: •ors.'::%:;�. 'f !!. K N /f J7 /I� ! t0 [/ ``�:*' ;;i;•i' `:=r:;:`:>:;v..::%:�i.; Mi.`;:tax So 19 10, ': TO 773 i INORTH ST. so ! s • ! d 7 i 1 1 5 1 N t! M /1I /f /7 /! // i t0 tl [l t! LI. I!! tt.-I l7' to /♦ I /! / I /T ! //\I /9 'to I LI lr rJ �I J1 Is rs ♦ �rs L6: � t{ 2 3� McFADDIN AVE ` 2Pco 591 50 50 ( L , 14 �y N 11 , c• Imo' I i IL IJ t♦ 4� ' /7 0 /♦ /1 ` 19 to 12/ tl I rJ r1 1 P1 t rQ 50 I. So CALDER AVE.' -i9 50 ?0 39./ 50 I I I I 1 I ( j p 14 /J i '2 i // b 9 ♦ J I / n h/J /Y /l i /O - 9 d 7 I d 1 . ♦ ! I I ' I I I i n f PJ rd /7 // L/ tl 13 21 t1 rf L7 Id 1♦ /1 � /s I /7 /d ./9 r0 I/ LL 'tJ t♦ i ZJ • IQ i l � � i L 1 / BRQADN'AY 9 I il/J BROADWAY AVE. J9 JO I - ., i , I I - „ 1 .. 50 59/ 50 _ _ I - i - i -. 1 :50 14 /I ! ? i l/ Jo 19 d 7 / I J`� ♦ f 3 i 1 / /J /Z /1 d 7 I d I 1 i ♦ I I I i W 8 I I LQ j EXHIBIT «A„ I Soundwy Z, SUM jq 1 01 F-ND 112 (CALL. S0.00) I* R (CALL 100.00') FAD 518 1 D Lo FND N89'46371E 50,0.5' RS S43'15'4'No. '-Z 1"�)JFAID N90000,00"W 100.or� FN SET 518 IN D RP' 24.00• CINDER BLOCK BUY-DING 4' Mirk 0 n C, .4 ti 6.20 o Fe4 a, 4\ Zd BRICK & FRAME _0 Q) o RESIDENCE .9 & 0 02, PLOCW 50 IDI 9:3) 0 .3.60'' iii cov i FIVO 3'4" AI I �. D PIPE F1VD N89*4; "36"E- 49.8R' I—1.-0-4 (CALL ;;D.no) F'19(0 N90,100,00 FAID .100 o(i" REFERENCE(CALL 100.00) - I, ROD 13EARIAIC ASSUA4rz-o qt, (60, ROW) 30• /fill rn+r fill/ Oft /till ifill GRAPHIC SCALE aril 1111/ /jfit 0 Approval with a modification to the landscaping/screening requirements along the east and West sides of the property(no additional landscaping; existing 6' chain link and 8'wood fences along the east property line; existing 6'wood and 31 chain link fences along the west property line) and with the stipulation that the sign be attached to the building. EXHIBIT "B" 4 December 12, 2006 Consider approving a request for a specific use permit to allow the expansion of church activities in an NC (Neighborhood Commercial) District at 3235 Highland Avenue City of Beaumont Council A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 12, 2006 AGENDA MEMO DATE: November 21, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow the expansion of church activities in an NC (Neighborhood Commercial) District at 3235 Highland Avenue, RECOMMENDATION The Administration recommends approval of a specific use permit to allow the expansion of church activities in an NC (Neighborhood Commercial)District at 3235 Highland Avenue. BACKGROUND Christ Gospel Church is requesting a specific use permit to allow the expansion of its church to an existing building at 3235 Highland Avenue. Reverend Samuel Jones,pastor of the church, states that the building will be used primarily on Sundays for Sunday school classrooms. The church will be building a new sanctuary and this building will become their educational facility. The pastor states that the building will be painted and renovated. Parking for this property will be accommodated on existing church parking lots. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 20, 2006, the Planning Commission voted 6:0 to approve a specific use permit to allow the expansion of church activities in an NC (Neighborhood Commercial)District at 3235 Highland Avenue. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF CHURCH ACTIVITIES TO AN EXISTING BUILDING IN A NC (NEIGHBORHOOD COMMERCIAL)DISTRICT LOCATED AT 3235 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Christ Gospel Church to allow the expansion of church activities to an existing building in a NC (Neighborhood Commercial) District located at 3235 Highland Avenue, being Lot 11, Block 1, Southend Addition, City of Beaumont, Jefferson County, Texas, containing 0.15 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow the expansion of church activities to an existing building in a NC (Neighborhood Commercial) District located at 3235 Highland Avenue, being Lot 11, Block 1, Southend Addition, City of Beaumont, Jefferson County, Texas, containing 0.15 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Christ Gospel Church, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto and made a part hereof for all purposes, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. Mayor Guy N. Goodson - YQ 60 4 l00 ^' t 1 i File 1855-P: Request for a specific use permit to allow a church activity in an NC NORTH J—= .(Neighborhood Commercial) District. Location: 3235 Highland -�' Applicant: Reverend Samuel Jones, Christ Gospel Church SCALE 111=200' „ t `� 1 1 6O /� to Y E5 ' 1, l! I. Zt II !1 �', - .5 00 to row 30 1 50 13 � N , ! ' 1 1 4zir / 10 111 f 7 1 50 go ,1 50 6 17 a 50 /J If 11 I / I 1 1 , 11 � ` /➢ 40 1e , 17 �1 e I t 11 11 l to 1' , g0 h 1 32 2 ARR`O,� ST- S �7 — O I/ /CO 70 It I0 Z y /40 /I ➢ 11 r /J ➢ ! /0 /O Q r IT e 'CHAPIN ST. /0 J /e so � '•50 SO � S< > W` Z A7 s •Z' t.41 /I 4 7 ZO 11 ° ' Z Z v/t rI /0 , I /O 9 e a J 11 t/ to /9 I I / t/ m / t3 0 o EAI IV4 60 / 0 /60 !SO 50 T. 60 - I - - St EAST ALMA ST. .. .. 50 .. .. 50 50 - /GO 50 .. x W t S ♦ J id �t0 H /f / ' ( 14 !J Ij;If i J Q `JW Z Q t3 Q A. 1, � � m �b 1J/0 ➢ JR 1 3 s V h r6 n t/ 19 50 J/ M JJ ' Jt !J 1+ ._ 30 50 so 90 I } 6 s . ASO i - 50 SG T C#1 1 EXHIBIT «A» 20' OPEN ALLEY -- (�%j©', 4 SCALE 1"=20' SET 5/e ©t Got L �O.Op' I. Rt7D FND 'Ap160 001 50.00' S IETNS/ASE p LROD 24.15' `O 2 s0s 0 '1X4';y� y Jm - �f.LtCu�rw; -'O 1ta p ar`'i1.c`� 3 C.6 2 O Y w a z S� W aft, >•h*�i�T ��'!, i O FM)W C,Z WmZ 25.4 �tn�o�� •,.. 0 ... k=oa�� z a WWCn OWx O v O �+p p O O` 2O LOW ti W3O� z METL ? �n `- . O BU DING � Z c� ° Op=p O b O`- Hku�NC�N METER C', ELEC. C', o a cv `Og7l2zf-pt�= ka z1.=0N�C30 vOiW 34.50' r L0 T:=111r �r 6 LOt LOt LOt 6 Vol 9 LOO SET X• IN CONC. FND 1 2• FND (N0000'00 E 7)50.30' -FND 1• FND N00°00'00'E 50.00' l PI� REFEREI]EL�N�ASSUMEO L PIPE (CALL 50.00') RRVE DR'S CERMCAnoN: HIGHLAND AVENUE TO THE LEINhaMS AID/OR THE OWNERS OF THE PREMISES PROTRUS_ION NOTE: SURVEYED AND TO STEWART TITLE GUARANTY COMPANY QCONCRETE PROTRUDES FROM 8.78' TO THE UNDERSICHVEO DOES HEREBY CERTIFY THAT M15 SURVEY WAS 8.79'INTO 20'OPEN ALLEY TMS DAY MADE ON THE GROUND OF THE PROPERTY LEG4LLY 3235 HIGHLAND AVENUE DESCRIBED HEREON AND IS CORRECT,AND THAT THERE ARE NO BEAUMONT, TEXAS 77705 DISCREPANCIES, CONFLICTS,SHORTAGES IN AREA,BOUNDARY LINE Lot No. Eleven (11), in Block No. One (1), of CONFLICTS 04CROACHMENTS, 04RDAPPING OF IMPROVEMENTS, SOUTH END ADDITION to the City of Beaumont, EASEMENTS OR RIGHT-OF-WAYS ON THE SURFACE OF THE GROUND Jefferson County, Texas, according to the map or EXCEPT AS SHOWN HEREON AIO THAT SAID PROPERTY HAS ACCESS plat of record in Volume J. page 99 Map TO AND FROM A DEDICATED ROADWAy.ALL RECORDED EASEMENTS SHOWN Records in the office of the County Clerk of said AND NOTED PER STEWART TIRE GUARANTY COMPANY G.F. No. 60147 County and State. OF' T� Owner. Christ Gospel Church tQ * "12' Census: 26.00 LUTE SURVEYED••AUGUST 15, 2006 In accordance with the Flood Hazard Boundary THOMA9 S§...OWE Map, Department of Housing and Urban % 5728 e Q Development. 2.OFF s 5 0'.. Community No.: 485457 Panel No.: 0025 D -J;3 SUR Date of FIRM: B-6-02 This property lies in Zone X"(white). Location on m THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 map determined by scale on map. Actual field o elevation not determined. Mark W. Whiteley and +MARK . WHITELEY Ass ociates does not warrant nor subscribe to the D ASSOCIATES P. 0. BOX 5492 accuracy or scale of said maps.BEAUMONT, TEXAS 77726-5492 INCORPORATED 409-692-0421 Zone •X• (white) are areas determined to be U TING ENGINEERS, outside 500-year flood plain.ORS, AND PLANNERS 3250 EASTEX FRIrY. © BEAUMONT, TEXAS 77703 ©2005 Nark W.Whilefey&Associate,,inc. (FAX) 409-892-1346 This if rent•os on instrument of profe,v a onoi ;ca;,the property of Mark W.Whifeiey&A„at;ote,, Inc.and is not to be used,reproduced, copied or ft0buted, h whale or port.ithaut the written authanra0an of EXHIBIT ii Bff W. 2006 06-654 06-654.DWG C00 Mark W. Wh @eley&Associate,, Inc. 5 December 12,2006 Consider authorizing the City Manager to execute a contract for Sanitary Sewer System Improvements referred to as the West Trunk Outfall Rehabilitation Phases I and II Project City of Beaumont �• Council Agenda Item g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme, Water Utilities Director MEETING DATE: December 12, 2006 AGENDA MEMO DATE: November 28, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project. RECOMMENDATION Administration recommends approval of a contract with Brystar Contracting Inc.,Beaumont, Texas, in the amount of $3,417,512.00 for Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project. The project will install approximately 9,189 linear feet of 45" PN 0/SN 46 Hobas pipe and replace 17 manholes,and includes an alternative item to install 212 linear feet of 45" PN 0/SN 46 Hobas pipe to rehabilitate a syphon. The project will include all necessary connections to existing junction boxes, tributary lines and service lines. The MBE goal will be met through a subcontract with the MBE firm of Choctan Pipe and Equipment for a total amount of$700,000.00. This amount represents 20.48 percent of the total bid. Choctan Pipe and Equipment is in the process of obtaining MBE certification with the City of Beaumont. BACKGROUND The Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II encompasses the interceptor,originally installed in 1953, from Washington Boulevard to Lafin Road. The existing pipe has deteriorated and infiltration through separated joints is overloading the Wastewater Treatment Plant during rain events, creating sanitary sewer overflows in the collection system. BID TABULATION SANITARY SEWER SYSTEM IMPROVEMENTS WEST TRUNK OUTFALL REHABILITATION PHASE I and 11 BID OPENING DATE:THURSDAY,November 9,2006 at 2:00 P.M. The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation ofthe bids received. By Patrick Donart,E.I.T.Water Utilities Engineer Date: 11/13/06 BRYSTAR BRH-GARVER ITEM ALLCO,LTD. NUMBER QUANTITY DESCRIPTION CONTRACTING INC. CONSTRUCTION,L.P. BEAUMONT,TEXAS BEAUMONT,TEXAS HOUSTON,TEXAS BRYAN PHELPS PHILIP R.REED T.W.HARRISON UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 I Mobilization costs. $85,000.00 $85,000.00 $80,000.00 $80,000.00 $67,000.00 $67,000.00 ITEM NO.2 8499 Furnish and install 48"SDR 17 HDPE or 45"PN 0/SN 46 Hobas pipe. $278.00 $2,362,722.00 $303.00 $2,575,197.00 $292.00 $2,481,708.00 ITEM NO.3 1 Clean and televise the existing 54"RCP before construction and televise after installation of the new pipe. $305,000.00 $305,000.00 $283,000.00 $283,000.00 $238,000.00 $238,000.00 1TEM NO.4 t At station 28+79 of Phase 1,furnish and install 25 if of 16"SDR 17 HDPE. $4,000.00 $4,000.00 $3,800.00 $3,800.00 $6,350.00 $6_,350.00 ITEM NO.5 366 From station 25+13 to 28+79 of Phase 1,furnish and install 45"PN 0/SN 46 Hobas pipe. $325.00 $118,950.00 $290.00 $106,140.00 $479.40 $175,460.40 ITEM NO.6 112 From station 28-79 to 29+91 of Phase 1,furnish and install 45"PN 0/SN 46 Hobas pipe. $1,400.00 $156.800.00 51,400.00 $156,800.00 $1,039.92 $116,471.04 ITEM NO. 7 1 At station 29+91 of Phase 1,tie the existing 8"sanitary sewer line to the new manhole. $300.00 $300.00 $2,300.00 $2,300.00 $4,200.00 $4,200.00 ITEM NO.8 1 At station 0-00 of Phase 1,tie the new 48"SDR 17 HDPE or 45"PN 0/SN 46 Hobas pipe to the existing junction structure. $6,000.00 $6,000.00 $900.00 $900.00 $3,900.00 $3,900.00 I FE1vl NO,9 1 At station 52+92 of Phase 1.tie the new 48"SDR 17 HDPE or 45"PN 0/SN 46 Hobas pipe to the existing junction structure. $6,500.00 $6,500.00 $1.100.00 $1,100.00 $3,900.00 $3.900.00 ITEM NO, 10 1 At station 0+00 of Phase 11,tie the new 48"SDR 17 HDPE or 45"PN 0/SN 46 Hobas pipe to the existing.junction structure. $6,500.00 $6,500.00 $1,100.00 $1,100.00 $3,900.00 $3,900.00 Page 1 of 3 BID TABULATION SANITARY SEWER SYSTEM IMPROVEMENTS WEST TRUNK OUTFALL REHABILITATION PHASE I and 11 BID OPENING DATE:THURSDAY,November 9,2006 at 2:00 P.M. The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. By. ;T�' %f -� 1[113A Patrick Donart,E.I.T.Water Utilities Engineer Date: 11/13/06 BRYSTAR BRH-GARVER ITEM ALLCO,LTD. NUMBER QUANTITY DESCRIPTION CONTRACTING INC. CONSTRUCTION, N, L.P. BEAUMONT,TEXAS EAUMONT BRYAN PHELPS PHILIP R.REED T.W.HARRISON UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 l 10 At station 10+20 of Phase IL furnish and install 10Ifof8"SDR 17 HDPE. $60.00 $600.00 $140.00 $1,400.00 $55.00 $550.00 ITEM NO. 12 10 At station 21+05 of Phase 11,furnish and install 10 Ifof 10"SDR 17 HDPE. $62.00 $620.00 $110.00 $1,100.00 $75.00 $750.00 ITEM NO. 13 10 At station 35+13 of Phase 11,furnish and install 10 If of 10"SDR 17 HDPE. $62.00 $620.00 $110.00 $1,100.00 $75.00 $750.00 ITEM NO. 14 10 At station 37+55 of Phase 11,furnish and install 10 Ifof 4"PVC schedule 40 from the new manhole West. $20.00 $200.00 $90.00 $900.00 $45.00 $450.00 ITEM NO. 15 10 At station 37+55 ofPhase 11,furnish and install 10 lfof4"PVC schedule 40 from the new manhole East. $20.00 $200.00 $90.00 $900.00 $45.00 $450.00 ITEM NO. 16 1 At station 40+25 of Phase 11,tie the existing 36"sanitary sewer pipe to the new manhole. $6,000.00 $6,000.00 $10,300.00 $10,300.00 $28,500.00 528_,500.00 ITEM NO. 17 1 At station 40+25 of Phase 11,tie the existing 48"sanitary sewer pipe to the new manhole. $6,500.00 $6,500.00 $10,300.00 $10,300.00 $28,500.00 $28,500.00 ITEM NO. 18 17 Replacement ofsanitarysewer manholes and installation ofnewmanholes. $11,000.00 $187,000.00 $16,100.00 $273,700.00 $13,600.00 $231,200.00 ITEM NO. 19 1 Replacement of4"short side service connections. $650.00 $650.00 $1,200.00 $1,200.00 $1.00 $1.00 ITEM NO.20 1 Replacement of-I"long side service connections. $850.00 $850.00 $1,500.00 $1,500.00 $1.00 $1.00 ITEM NO.21 1 Abandon existing manhole in place. $6,500.00 56.500.00 $900.00 $900.00 $2,500.00 $2,500.00 ITEM NO.22 1 Trench Satety Plan sealed by a Texas Registered Engineer. $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,200.00 $1,200.00 ITEM NO.23 Trench Safety System according to Specification Item Number 712 $10,000.00 $10,000.00 $100.00 $100.00 $25.000.00 $25,000.00 Page 2 of 3 BID TABULATION SANITARY SEWER SYSTEM IMPROVEMENTS WEST TRUNK OUTFALL REHABILITATION PHASE I and II BID OPENING DATE:THURSDAY,November 9,2006 at 2:00 P.M. The Bid Proposals submitted have been reviewed and to the best ofmv knowledge this is an accurate tabulation of the bids received. Patrick Donart,E.I.T.Water Utilities Engineer Date: 11/13/06 BRYSTAR BRH-GARVER ITEM CONTRACTING LCO,LTD. INC.. CONSTRUCTION,L.P. NUMBER QUANTITY DESCRIPTION BEAUMONT,TEXAS BEAUMONT,TEXAS HOUSTON,TEXAS BRYAN PHELPS PHILIP R.REED T.W.HARRISON UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.24 5 Remove and replace point repairs and obstructions. $3,000.00 $15,000.00 $10,100.00 $50,500.00 $10,000.00 $50,000.00 ALT.NO. I I From station 35+13 to 37+25 of Phase I,furnish and install 48"SDR 17 HDPE or 45"PN 0/SN 46 Hobas nice. $130,000.00 $130,000.00 $70,000.00 $70,000.00 $341,500.00 $341,500.00 TOTAL BID PLUS ALTERNATIVE NUMBER 1: $3,417,512.00 $3,635,737.00 $3,812,241.44 PIPE MATERIAL TO BE USED: HOBAS PIPE HOBAS PIPE HOBAS PIPE Page 3 of 3 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION NAME CERTIFIED MBE ADDRESS TYPE OF WORK AGREED PRICE CONTRACTOR l T.CW L 70 0,G o 5,-33, 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. This schedule should be submitted with your bid. SIGNATURE TITLE 3R 7� 37A RESOLUTION NO. WHEREAS, bids were received for a contract for the Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project; and, WHEREAS, Brystar Contracting, Inc. submitted a bid in the amount of$3,417,512; and, WHEREAS, City Council is of the opinion that the bid submitted by Brystar Contracting, Inc. should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Brystar Contracting, Inc. for a contract for the Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project in the amount of$3,417,512 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - 6 December 12, 2006 Consider approving the purchase of a track dozer for use at the Landfill ti .. Cit y of Beaumont 79ij Council Agenda Item AU ML TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: December 12, 2006 AGENDA MEMO DATE: December 6, 2006 REQUESTED ACTION: Council consider the purchase of a track dozer. RECOMMENDATION Administration recommends the purchase of a Caterpillar D6R XL track dozer for the Clean Community Department,Landfill Division,from Mustang Cat of Beaumont through the BuyBoard contract in the amount of$262,542. BACKGROUND The Caterpillar D6R XL track dozer is used to push cover material and move refuse on the landfill working face. To work in this rigorous environment, the dozer is specifically equipped with a Landfill Package which includes features such as seal protection and protective covers on the underside. The Texas Commission on Environmental Quality (TCEQ) has issued revised requirements pertaining to the number of pieces of equipment required to work a given volume of waste entering the landfill. To maintain compliance with these new TCEQ requirements, the City needs this additional piece of equipment. Warranty service for the dozer will be provided by Mustang Cat in Beaumont The total machine is warranted for an unlimited number of hours of usage during the first six(6)months while the power train is warranted for thirty-six(36)months or 5,000 hours of usage. Delivery of the unit is expected in 100 to 120 days. The purchase will be made through the Texas Association of School Boards (TASB) BuyBoard cooperative purchasing program. The Texas Local Government Purchasing Cooperative, administered by TASB,complies with all state bidding statutes. Membership with BuyBoard allows municipalities to purchase items from their contracted vendors. Purchase track dozer December 6, 2006 Page 2 BUDGETARY IMPACT Funds are budgeted in the Solid Waste Fund for this expenditure of$262,542. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Caterpillar D6R XL track dozer for the Clean Community Department, Landfill Division, from Mustang Cat, Beaumont, Texas, through the BuyBoard contract in the amount of $262,542. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - 7 December 12,2006 Consider approving the purchase of a track hoe for use in the Water Department Cit y of Beaumont •�• Council Agenda Item � - ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: December 12, 2006 AGENDA MEMO DATE: November 27, 2006 REQUESTED ACTION: Council consider the purchase of a 54,000 lb. track hoe. RECOMMENDATION Administration recommends the purchase of a 54,000 lb.long reach track hoe from Mustang Cat of Beaumont in the amount of$233,949. BACKGROUND Bids were solicited from six(6)vendors for furnishing a 54,000 lb.track hoe for the Water Utilities Department. The track hoe will be used by the Water Reclamation Division to maintain ponds, levees, and wetlands in compliance with Texas Commission on Environmental Quality (TCEQ) requirements. The track hoe is equipped with a Slashbuster brush cutting attachment for cutting vegetation such as water hyacinth and small diameter trees as well as a ditch cleaning bucket. The following bids were received: Vendor Price Mustang Cat, Beaumont, TX $233,949 Waukesha-Pearce Industries Inc., Port Arthur, TX $262,382 Mustang Cat submitted a bid for furnishing a 2007 Caterpillar 324DL equipped with a Slashbuster Model XL480 brush cutting attachment and 60" ditch cleaning bucket. The total machine is warranted for an unlimited number of hours of usage during the first six(6)months while the power train is warranted for twenty-four(24) months or 5,000 hours of usage. Warranty service will be provided by Mustang Cat in Beaumont. Delivery of the unit is expected in 100 to 160 days. Purchase of Track Hoe November 27, 2006 Page 2 BUDGETARYIMPACT Funds are budgeted in the Water Fund for this expenditure. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Water Utilities Director,and Chief Financial Officer. RESOLUTION NO. WHEREAS, bids were received for the purchase of a 54,000 lb. track hoe for the Water Utilities Department; and, WHEREAS, Mustang Cat of Beaumont, Texas, submitted a bid in the amount of $233,949; and, WHEREAS, City Council is of the opinion that the bid submitted by Mustang Cat of Beaumont, Texas should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Mustang Cat of Beaumont, Texas for the purchase of a 54,000 lb. track hoe for the Water Utilities Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - 8 December 12, 2006 Consider approving a bid for furnishing and installing carpet at the Julie Rogers Theatre City of Beaumont Council Agenda enda Item� g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: December 12, 2006 AGENDA MEMO DATE: December 6, 2006 REQUESTED ACTION: Council approval to award a bid for furnishing and installing carpet at the Julie Rogers Theatre. RECOMMENDATION Administration recommends award of a bid for furnishing and installing decorative carpet in the Julie Rogers Theatre to Bruce's General Construction of Beaumont in the amount of$121,500. BACKGROUND Two (2)bids were received Thursday, November 30, 2006 for furnishing all equipment, materials, supplies and labor to furnish and install approximately 3,200 square yards of decorative carpet for the Julie Rogers Theatre. The Theatre is currently undergoing a complete interior renovation. Damage from Hurricane Rita and the subsequent remediation of the building damaged all of the existing carpet. New decorative carpet will be installed in the corridors,lobbys and meeting rooms. The period design carpet specified was designed by Milliken Carpets. Milliken Carpets has a fixed price contract with U. S. Communities, a government purchasing alliance. The carpet will be purchased by the successful bidder at the U. S. Communities contracted rates. Vendors are responsible for determining the correct yardage and providing the cost for installation. Carpet for Julie Rogers Theatre December 6, 2006 Page 2 The bids received are as follow: Vendor Carpet Price Installation Total Cost Bruce's General Construction $70,435.95 $51,064.05 $121,500.00 Beaumont, TX Porter's Carpet, Inc. $70,785.87 $53,699.13 $124,485.00 Beaumont, TX Bruce's General Construction is the general contractor for the JRT. Currently,Porter's Carpet, Inc. is the subcontractor for furnishing and installing the office and dressing room carpet. Porters will also subcontract with Bruce's for furnishing and installing the decorative carpet. Bruce's General Construction is certified as a Minority Business Enterprise. BUDGETARY IMPACT The cost of the carpet will be submitted to the City's insurance carrier for reimbursement. Any funding not provided by insurance is available in the Capital Programs Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works and Capital Projects Manager. RESOLUTION NO. WHEREAS, bids were received for furnishing and installing decorative carpet in the Julie Rogers Theatre; and, WHEREAS, Bruce's General Construction, Beaumont,Texas,submitted a bid in the amount of $121,500; and, WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General Construction, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid in the amount of $121,500 submitted by Bruce's General Construction, Beaumont, Texas, for furnishing and installing decorative carpet in the Julie Rogers Theatre be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - WORKSESSION Review and discuss the reallocation of Texas Department of Housing and Community Affairs Disaster Recovery Program funds and adopting revised Housing Program Guidelines for Disaster Recovery Programs 9 December 12, 2006 Consider reallocating Texas Department of Housing and Community Affairs (TDHCA)Disaster Recovery Program funds and adopting revised Housing Program Guidelines for Disaster Recovery Programs U2--. Cit y of Beaumont 0 K- Council Agenda Item 'a TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 12, 2006 AGENDA MEMO DATE: December 5, 2006 REQUESTED ACTION: Council consider reallocating Texas Department of Housing and Community Affairs("TDHCA")Disaster Recovery Program funds and adopting revised Housing Program Guidelines for Disaster Recovery Programs. RECOMMENDATION The Administration recommends City Council approve reallocating Texas Department of Housing and Community Affairs ("TDHCA") Disaster Recovery Program funds and adopting revised Housing Program Guidelines that will serve as an administrative tool for the federal disaster recovery programs administered by the City. BACKGROUND On October 31, 2006, City Council adopted guidelines for the Texas Department of Housing & Community Affairs ("TDHCA") funded Residential Emergency Repair, Housing Rehabilitation, and Single Family Rental Rehabilitation Programs. After that,new TDHCA program directives were given to the City. The Administration proposes to revise the previously adopted guidelines. In order to conform to new TDHCA Approved Disaster Program Guidelines, proposed revisions include: • re-titling the "TDHCA Housing Rehabilitation Program" to the "TDHCA Owner Occupied Program" • re-alignment of priority categories • omitting lien and/or security requirements • adjustments to funding levels. Proposed revisions to previously adopted priority categories will conform to those established by TDHCA,placing uninsured senior citizens who are disabled or medically fragile as 1"Priority, uninsured single head-of-household as 2 n priority, underinsured senior citizens who are disabled or medically fragile as 3`d priority, and underinsured single head-of-household as 4`"priority. Also, the Administration proposes adding a Reconstruction/New Construction component to the Owner Occupied Program. The October 30th Federal Register Notice announces a second round of funding totaling$428 Million for the Texas counties affected by Hurricane Rita. Of this funding, a minimum of 19.3311 percent, or $82,867,166, must be used to rehabilitate, repair or reconstruct affordable rental housing stock. In light of this additional future funding and its requirements regarding Rental Rehabilitation,the Administration proposes reallocating the $1 Million previously approved for Rental Rehabilitation activities to Reconstruction/New Construction activities. As per the approved TDHCA Disaster Program Guidelines, Reconstruction/New Construction will be offered to a home owner whose hard costs for needed repairs exceed $51,250. The Administration proposes to construct or reconstruct a minimum of 10 homes at a maximum of$100,000 per home which is the maximum set forth in the approved TDHCA Disaster Program Guidelines. Proposed revisions to previously adopted funding levels will also conform to funding levels established by TDHCA. Emergency Repair—will increase from $24,000 to $25,000. Where hard costs for needed repairs exceed $19,250,the home owner will be offered Rehabilitation assistance. Owner Occupied—two levels of assistance Rehabilitation—will increase from $15,000 to $65,000. Where hard costs for needed repairs exceed $51,250, Reconstruction assistance will be offered to the home owner. Reconstruction—Reconstruction assistance is limited to $100,000. Homes located inside the 100-Year Flood Plain may not be reconstructed on the same site, but may opt for new construction on a site outside the 100-Year Flood Plain. A breakdown of changes to the previously adopted program guidelines(Exhibit"A"),approved TDHCA Disaster Program Guidelines (Exhibit "B"), and the City's proposed revisions to its local TDHCA Disaster Program Guidelines (Exhibits "C.1"and "C.2") are attached for your review. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Development Services Manager. RESOLUTION NO. WHEREAS,on October 31, 2006,the City Council for the City of Beaumont adopted guidelines for the Texas Department of Housing and Community Affairs("TDHCA")funded residential emergency repair, housing rehabilitation, and single-family rental rehabilitation programs; and, WHEREAS, new TDHCA program directives have been given to the City since that time; and, WHEREAS, in order to conform to the new TDHCA approved Disaster Program Guidelines, previously adopted City guidelines will need to be revised; and, WHEREAS, it is proposed that a Reconstruction/New Construction component be added to the Owner Occupied housing program which will require the reallocation of $1,000,000 previously approved for Rental Rehabilitation to the Reconstruction/New Construction activity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Council approves the adoption of the revised Housing and Program Guidelines that will serve as an administrative tool for the federal disaster recovery programs administered by the City. The revision is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. a BE IT FURTHER RESOLVED that the City Council hereby approves the reallocation of Texas Department of Housing and Community Affairs ("TDHCA") Disaster Program funds as shown below: Current Proposed Emergency Repair $24,000 $25,000 Owner Occupied Rehabilitation $15,000 $65,000 Owner Occupied Limited to $100,000 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - EXHIBIT "A" The following proposed program guideline changes have been made in order to correspond with TDHCA's Approved Disaster Program Guidelines. TDHCA Housing Rehabilitation Program — re-titled to the TDHCA Owner Occupied Program. Additionally, work performed must bring entire structure to Housing Quality Standards and local health and safety codes. TDHCA Rental Rehabilitation Proqram —The October 31, 2006 Federal Register Notice announced an additional $428 Million federal disaster recovery allocation for affected counties in Texas that includes a requirement that a minimum of 19.3311%, or$82,867,166, be used for rehabilitation of rental housing stock. Funding for Single-Family Rehabilitation has been reallocated to allow for a Reconstruction component within the Owner Occupied Program. Approved TDHCA Disaster Program Guidelines include a Reconstruction component for home owners whose needed repairs exceed the $65,000 cap for Housing Rehabilitation. Priority Categories—amended program wide. 1St Priority — a. uninsured Senior citizens who are disabled or medically fragile; b. uninsured Senior citizens 2nd Priority — uninsured single head-of-household 3rd Priority—a. underinsured Senior citizens who are disabled or medically fragile; b. underinsured Senior citizens 4th Priority — underinsured single head-of-household Program Fundinq Limits Emergency Repair— increased from $24,000 to $25,000. Where hard costs for needed repairs exceed $19,250, the home owner will be offered Rehabilitation assistance. Owner Occupied —two levels of assistance Rehabilitation — increased from $15,000 to $65,000. Where hard costs for needed repairs exceed $51,250, Reconstruction assistance will be offered to the home owner. Reconstruction — Reconstruction assistance is limited to $100,000. Homes located inside the 100-Year Flood Plain may not be reconstructed on the same site, but may opt for new construction on a site outside the 100-Year Flood Plain. Liens/Security Requirements—Assistance program wide will be in the form of a grant with no lien requirements, except where assistance is provided to properties located inside the 100-Year Flood Plain. Such assistance will be provided in the form of a 3-year deferred forgivable loan and will be provided to the home owner directly by TDHCA. EXHIBIT "B" Hurricane Rita Housing Assistance Housing Guidelines 2006 1. PURPOSE OF PROGRAM A. The purpose of the Community Development Block Grant Disaster Recovery Program (Program) is to provide housing assistance to 80% Area Median Family lincome (AMFI) and below households directly affected by Hurricane Rita that occurred on September 24th, 2005. Financial assistance will be provided for the repair, rehabilitation, or reconstruction of substandard homes whose owners have remaining unmet needs. The focus of the repair, rehabilitation, or reconstruction is to provide safe, decent, and sanitary housing by bringing existing Rita affected housing units into compliance with all health and safety codes. When repairs are completed the minimum standard for repairs will be compliance with all applicable local codes and ordinances including the International Residential Code (IRC) (with windstorm provisions) which will be used as required and as appropriate. When new construction is completed, the IRC including windstorm measures and appropriate energy codes will be utilized. B. In special cases, and only when extant conditions would mean that replacing a housing unit on the same site would continue or exacerbate an unsafe condition, homeowners, who otherwise meet the requirement of being owners of a permanent residence, will be given assistance to acquire and newly construct a housing unit on a safe site. Examples of unsafe conditions shall include, but not be limited to, housing located in a special flood hazard area, unsafe soil conditions, environmental hazards that cannot be mitigated, or other conditions that cannot be changed and would continually put occupants in harm's way. Southeast Texas Regional Planning Commission shall make every effort to ensure that after-rehabilitation repairs and improvements supplement the structurally sound housing stock in the area served and that the housing is of fitting design and quality so as to improve the neighborhood in which they are completed. C. South East Texas Regional Planning Commission ("SETRPC" or "the Administrator") and its sub-contractors will administer the Program in accordance with these Housing Guidelines (Guidelines) based solely on information available at this time. The Administrator reserves the right to re-allocate program funds and program components (i.e. emergency repair, rehabilitation, reconstruct) within SETRPC's service area as the program is administered if it becomes evident that doing so would better serve the affected communities and their residents. These re-allocation decisions will be presented to the CDBG Disaster Recovery Fund for Housing Advisory Board for approval. If such a change would exceed a 5% variable in program funds or program components, SETRPC must submit an amendment request to the Texas Department of Housing and Communities Affairs ("The Department"), the grantor of these funds. Page 1 of 20 2. DESIGNATED AUTHORITY TO ADMINISTER PROGRAM This program shall be governed by the State of Texas Action Plan for CDBG Disaster Recovery Grantees (Action Plan) and operated in accordance with all applicable rules and regulations of: L The US Department of Housing and Urban Development ("HUD"); ii. The Texas Department of Housing and Community Affairs ("the Department"); iii. The South East Texas Regional Planning Commission; The Program shall be under the direct supervision of Candye Anderson or her designee. 3. TYPE OF ASSISTANCE AND ACTIVITIES A. ELIGIBLE ACTIVITIES i. Emergency Repair — Emergency repair shall be defined as limited necessary repairs completed to alleviate issues of health and safety such as thermal environment, water leaks, unsafe plumbing conditions and unsafe electrical hazards or, alternatively, as repairs necessary to secure a structure from further exposure and degradation caused by such things as exposure to the elements. Such repairs will not be designed to bring an entire structure into conformance with any standard or code except the health and safety codes. However, codes, standards, and specifications will be applied to individual repairs and all repairs should be considered permanent. For example, a leaking roof creates health and safety issues and exposes the structure to further degradation. Replacing a roof will not require that additional insulation be added or a heater repaired. However, the roof itself will meet the applicable codes including windstorm requirements. ii. Rehabilitation — Rehabilitation shall be defined as bringing an entire structure into conformance with a pre-determined set of specifications and standards that address the entire condition of the structure. At a minimum, the rehabilitated portion must comply with local building codes and standards, and upon completion, the entire structure must comply with housing quality standards (HQS) and local health and safety codes. Rehabilitation shall be limited to "stick built" structures that have been deemed feasible for rehabilitation. iii. Reconstruction — Reconstruction shall be defined as the demolition, removal, and disposal of an existing housing unit and the replacement of that unit on the same lot with a unit that complies with the universal design features in new construction established by §2306.514, Texas Government Code, energy standards as verified by a RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. Reconstruction of a housing unit should be of a similar type structure. For example, a stick built housing unit may be replaced with a stick built unit and a manufactured one with a manufactured unit. iv. Replacement — Replacement shall be defined as the replacement of housing taken or demolished by government action as a direct result of Hurricane Rita. Replacement will be for a comparable unit, not to exceed three bedrooms, two Page 2 of 20 baths, at a location that is not within the 100 year flood plain. If the replacement unit is newly constructed, the unit must at a minimum comply with the universal design features in new construction established by §2306.514, Texas Government Code, energy standards as verified by a RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. V. Elevation — Shall be defined as the piers necessary in Zone A of the 100 year flood plain to rebuild a housing unit to meet the flood zone requirements. vi. Demolition — Shall be defined as activities necessary to alleviate conditions in slum and blighted areas. SETRPC or its sub-contractors will use all available resources, including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable housing in SETRPC's service area. B. FINANCIAL ASSISTANCE L Assistance provided in a floodplain will be in the form of a three (3) year, zero percent interest, deferred forgivable loan. All other assistance will be provided in the form of a grant. ii. The maximum amount of CDBG Disaster Recovery Fund assistance to be provided to an applicant for Emergency Repair shall be $25,000 (Twenty-five thousand Dollars). iii. The maximum amount of CDBG Disaster Recovery Fund assistance to be provided to an applicant for Owner Occupied Rehabilitation shall be $65,000 (Sixty-five thousand dollars). iv. The maximum amount of CDBG Disaster Recovery Fund assistance to be provided to an applicant for Single Family Rental Rehabilitation shall be $23,000 (Twenty-three thousand dollars). V. The maximum amount of CDBG Disaster Recovery Fund assistance to be provided to an applicant for Reconstruction shall be $100,000 (One hundred thousand dollars). vi. The maximum amount of CDBG Disaster Recovery Fund assistance to be provided to an applicant for Replacement housing shall be identical to that of reconstruction. vii. The maximum amount of CDBG Disaster Recovery Fund assistance to be provided to an applicant for elevation shall be $35,000. Elevation funds may not be used if manufactured or modular housing will be placed on the resulting piers. Elevation funds may be combined with replacement or reconstruction funds if, and only if, the property is located in flood zone A. If assistance for elevation is requested, the total amount of assistance to an applicant cannot exceed the maximum amount for reconstruction or replacement. Page 3 of 20 viii. The maximum amount of funding available for Demolition activities shall be $5,000 (Five thousand dollars) per lot. C. INSPECTIONS i. In order to document the physical condition of the home that will be repaired, rehabilitated or reconstructed through the CDBG Disaster Recovery Fund; a thorough inspection will be required. This inspection will be documented in writing, with drawings and photographs as needed. All items needing repair will be documented with specific measurements and locations sufficient to create a work-write up and cost estimate. D. PROGRAM PARAMETERS i. The minimum amount of CDBG Disaster Recovery Fund assistance that may be provided to any applicant shall be One Thousand Dollars ($1,000.00). E. FEASIBILITY ANALYSIS i. For each unit assessed under the Program, a preliminary budget will be prepared to indicate the potential cost of emergency repairs, rehabilitation, or reconstruction. This budget, including any inspection checklist, notes, photographs and drawings will be called the "feasibility analysis". This budget should include all major systems but need not detail individual items of cost. If the cost of rehabilitation, including lead hazard inspection and reduction, demolition, and site improvements required by environmental conditions: (1) Is less than $19,250 for hard costs, the Administrator will offer emergency repair services to the homeowner. Reconstruction will not be an option and the Administrator will prepare a detailed work write-up and cost estimate for emergency repairs adequately documented to be used as bid documents. (2) Is more than $19,250 and less than $51,250 for hard costs, the Administrator will offer rehabilitation services to the homeowner. Reconstruction will not be an option and the Administrator will prepare a detailed work write-up and cost estimate for rehabilitation adequately documented to be used as bid documents. (3) Is more than $51,250 for hard costs, the Administrator will offer reconstruction to the homeowner. ii. If feasibility analysis indicates a budget in excess of$51,250 based on the above estimate for rehabilitation and the homeowner does not desire reconstruction, the Administrator should "walk away" from the project after notifying the homeowner that the project is not feasible and offering an explanation in writing. Page 4 of 20 4. PARTICIPANT ELIGIBILITY A. INCOME LIMITS To be eligible for assistance, all applicants must meet the following criteria. i. Total household gross income must be less than 80% AMFI, by family size, as published annually by HUD. ii. All income will be verified utilizing third party verifications. iii. The Administrator will conduct income verifications using 24 CFR Part 5 guidelines as stated in the Technical Guide for Determining Income and Allowances, 2nd Edition (HUD -1780-CPD). The current income limits published annually by HUD shall be used to verify income eligibility of each household served. Under no condition can a household that exceeds the limits below be served with the CDBG Disaster Recovery Fund. B. PROPERTY REQUIREMENTS i. A homeowner must own the property and occupy the property as his or her principal residence. The applicant is considered the owner if he or she: (1) Possesses a fee simple title to the property; (2) Maintains a 99-year leasehold interest on the property; (3) Possesses a recordable life estate title to the property. ii. Contract for Deed and/or Contracts for Sale are NOT acceptable forms of ownership. C. PROPERTY TAXES i. All delinquent property taxes shall be paid prior to the award for rehabilitation/reconstruction assistance; or the property owner must have qualified for and received a tax deferral as allowed under Section 33.06 of the Texas Tax Code. Written verifications must be placed in each applicant's file. For verifications conducted via telephone, a completed (including, but not limited to date of contact, name of contact, and phone number of contact) telephone confirmation form must be completed. 5. PROGRAM MARKETING (OPTION 1) A. The availability of the Program funds shall be publicized via: i. Press releases in the local newspapers, including but not limited to the following: (1) Beaumont Enterprise Page 5 of 20 (2) Hardin County News (3) Orange Leader (4) Silsbee Bee ii. Public Service Announcements, which are developed and distributed to local broadcast media, including: (1) KLVI Radio (2) KOGT Radio (3) KFDM, KBMT, KJAC TV stations (4) KOLE Radio (5) FOX TV iii. Informational pamphlets, public notices, and outreach targeting special need groups distributed by public or non-profit organizations, including: (1) Catholic Charities (2) Some Other Place (3) United Board of Missions (4) Orange Christian Services (5) Hardin County Indigent Health Services (6) Advocacy, Inc. (7) Rebuilding Together, UMCOR, etc. iv. Informational pamphlets, public notices, and outreach, distributed by business groups including: (1) Chambers of Commerce (2) Economic Development Corporations (3) Mortgage companies (4) Real Estate Companies (5) Rotary Clubs and other civic groups V. The Administrator is strongly committed to providing information in English, Spanish and Vietnamese. Every effort will be made to make applications available in English, Spanish and Vietnamese. At the very least, there will be an available interpreter in both Spanish and Vietnamese to assist in the application process. B. AFFIRMATIVE MARKETING PLAN L In addition to marketing through widely available media outlets, the Administrator will take additional measures to affirmatively market the CDBG Disaster Recovery Fund program services as follows: (1) The Administrator will contact and market to the following local organizations that provide unique access for persons that are considered members of a protected class under the Fair Housing Act: (a) AACP, Advocacy, Inc., Silver-haired legislature, LULAC, Vietnamese churches, Catholic Charities Page 6 of 20 (2) The Administrator will advertise with the following media outlets that provide unique access for persons that are considered members of a protected class under the Fair Housing Act including: (a) Ethnic newspapers and/or radio stations (3) In addition, the Administrator will take the following measures to make the program accessible to persons that are considered members of a protected class under the Fair Housing Act: (a) Hold informational meetings in buildings that are ADA compliant, provide sign language assistance when requested and special assistance for those who are visually impaired, when requested. ii. The marketing and affirmative marketing measures used and copies of all advertisement and announcements will be kept by the Administrator and made available to the public upon request. iii. Whenever possible, the Administrator will use the Fair Housing logo in advertising, post Fair Housing information, posters and other related information and, in general, inform the public of their rights and obligations under Fair Housing regulations. iv. The Administrator will accept applications as follows: (1) In person at addresses included in press releases and on SETRPC's Website. (2) Length of time, days, and hours applications will be available — online 24 hours a day and during regular business hours at sites listed on the website. (3) Via regular mail at 2210 Eastex Freeway, Beaumont, TX 77703. (4) Special arrangements: Arrangements can be made for persons with special needs, language interpretation needs or for persons needing alternate times and locations by calling Tammie Weatherford at 409-899- 8444, ext 122. A special helpline will be available for at least 60 days to answer questions related to the application and eligibility. (a) *This location must be accessible under the American for Disabilities Act Accessibility Guidelines. V. The Administrator may select applicants from an existing waiting list. The next eligible applicant on the waiting list will be offered CDBG Disaster Recovery Fund assistance, if funds are available, once an applicant above them on the waiting list either declines assistance or is deemed to be ineligible. (1) The Administrator shall notify the applicant in writing if the applicant is deemed ineligible. Page 7 of 20 (2) The Administrator shall notify the applicant in writing if the requested emergency repair, rehabilitation, or reconstruction is deemed ineligible or not feasible. (3) The Administrator shall be the sole arbitrator of the eligibility of the applicant and the feasibility of any activity provided under the program. (4) The decisions of the Administrator shall be final. (5) The type of financial assistance provided to the applicant will be in the form of a grant. 6. PROGRAM MARKETING- (OPTION 2) USE OF AN EXISTING WAITING LIST. A. The Cities of Beaumont and Pt. Arthur may use existing waiting lists in accordance with the parameters below. They will also be identified in marketing methods described above. L The above cities having previously administered a recent (past two years) CDBG or similar program, and having successfully marketed and affirmatively marketed the program to residents within the described service area, may use an existing waiting list in order to serve persons who have previously applied and proven they were eligible. ii. In the case of disasters, a list of all disaster victims may supplant other marketing efforts. iii. A file of the previous marketing and affirmative marketing efforts will be made available to the public upon request. iv. All applicants who are on an existing waiting list must submit new application materials, updated income information, proof of ownership and, in general, be re- qualified as eligible for the CDBG Disaster Recovery Fund program. V. All applicants who exist on a current waiting list will be considered in the order in which they existed on that waiting list, however, after a reasonable period of time of at least 30 days has been given to all applicants to submit new materials for purposes of re-qualification, applicants with incomplete applications may be dropped from the waiting list. 7. METHOD OF APPLICATION A. The CDBG Disaster Recovery Fund Program Administrator and/or his/her designee shall be responsible for advertising the availability of the program and for accepting applications. Applications from households in the city limits of Beaumont and Pt. Arthur, will be forwarded to the Administrators of those programs as sub-contractors for this program. B. The Administrator will accept applications from interested consumers for at least 90 days or until funds are expended or reserved, whichever comes first. All Page 8 of 20 applications will be reviewed for completeness in the order in which they are received. C. Upon receipt of the applications for assistance, applications will be screened for completeness and all information related to employment, income, assets and liabilities will be verified to determine the applicant's eligibility. The Local CDBG Disaster Recovery Fund Supervisor and/or his/her designee and the administrator identified by each sub-contractor shall be responsible for determining the eligibility of each applicant. D. A review team will rate each completed and eligible application according to a predetermined ranking system. The review team shall be responsible for reviewing the applicants and making recommendations to the Local CDBG Disaster Recovery Fund Supervisor. The review team for South East Texas Regional Planning Commission shall consist of members of the Community Development Department working on the Disaster Relief Program. The review team shall be an ad hoc committee and will serve until the Program is completed. At least 3 members of the team must be present at each review. The two sub- contractors, the cities of Beaumont and Pt. Arthur, will have their own review committees and predetermined ranking system. While the ranking systems can differ among these groups, all must follow locally established priorities. Written priorities, team members and ranking information will be available upon request. E. Upon receipt of the recommendations from the review team, the Local CDBG Disaster Recovery Fund Supervisor shall approve, disapprove or modify such recommendations. The funding decisions of the Local CDBG Disaster Recovery Fund Supervisor shall be final. F. All applicants selected for assistance shall then be counseled by the Local CDBG Disaster Recovery Fund Supervisor and/or his/her designee, regarding his or her housing needs and in determining the type of eligible repairs. A written agreement will be executed between the Administrator and the applicant that outlines the responsibilities of the applicant and the Administrator, and the terms of the assistance. G. First Come First Serve Rating System L All eligible applicants will be rated on a first come first served system in order to establish a priority of funds. However, priority will be given to applicants who are: (1) Uninsured, elderly, disabled, medically fragile (2) Uninsured, single head of household (3) Underinsured, elderly, disabled, medically fragile (4) Underinsured, single head of household iii. In addition, repairs that prevent further damage to selected homes will be completed first, when possible. Page 9 of 20 iii. Incomplete applications will not be placed on a waiting list until all required documents for the application are provided to the Administrator and the application is verified and certified as program eligible. iv. Applicants will be given a reasonable time frame to complete all application documents. Deadlines for returning required documents will be clearly noted on application packages. Documents received after the deadline date will not be considered. Incomplete applications will not be included on the waiting list. 8. PROPERTY REQUIREMENTS A. The property must be a single-family dwelling located within the Administrator's designated service area. B. Under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), CDBG Disaster Recovery Fund funds may not be used with respect to the acquisition, new construction, or rehabilitation of a project located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: L The community where the area is located is participating in the National Flood Insurance Program, or less than a year has passed since FEMA notification regarding such hazards; and iii. Flood insurance is obtained as a condition of approval of the commitment. (1) A one-year coverage insurance policy is an eligible project cost. Additionally, for repayable or deferred/forgivable loans, flood insurance coverage is required during the recapture period. The Administrator must be provided with at least thirty (30) days notice of cancellation for any reason. C. The applicant must provide evidence of homeownership. D. After assistance is provided, at a minimum, the dwelling must be in compliance with local building codes and zoning ordinances and applicable construction or livability standards. L Newly constructed homes (including reconstructs) must meet: (1) Energy standards as verified by a RESCHECK T^^ certification. The certification must be available in the Administrator's file prior to purchase. (2) The International Residential Code as 11 of the IRC as required by Chapter 388 of the Health and Safety Code as applicable. E. The purchased property can not be valued at more than 95% of the median purchase price as specified in Section 203 (b) of HUD's FHA single family mortgagee insurance program. Page 10 of 20 F. Any housing unit built before 1978 must be inspected for hazards associated with the presence of lead-based paint or may be presumed to have lead-based paint hazards. Proof of notifications, work completed and clearance examination must be available for the Administrator's file. G. Housing units located in an area where Federal Assistance is not permitted by the Coastal Barriers Resource Act or within runway clear zones of either a civil or military airport are not eligible properties. 9. ELIGIBLE IMPROVEMENTS & EXPENSES A. All repairs must be for unmet need and must address structures that were damaged as a result of Hurricane Rita. Non-Rita related damage may be addressed on structures that have storm related damage. B. Emergency repairs are eligible as long as all health and safety standards are addressed. C. Rehabilitation funds shall be used for those repairs and/or replacements that are necessary to bring the structure into compliance with applicable local codes or standards and HQS. D. As required to complete construction services, necessary "project soft cost" and administration cost as defined by the Department and not exceeding the Department's pre-set program limits are allowable costs. E. All sites must be cleaned before any construction activity can begin. F. Rehabilitation funds may also be used for general improvements that are "reasonable and customary" except as excluded herein. All improvements must be physically attached to the property and be permanent in nature. G. CDBG Disaster Recovery Funds may not be used for luxury items including, but not limited to: swimming pools, fences (other than those required for security), television satellite dishes, and dishwashers. H. Air conditioning and heating systems, water heaters and roofs are eligible for replacement under the Program. Urgent replacements of major appliances will be considered as needed. I. The use of lead-based paints is prohibited. Any units built prior to 1978 will be inspected and assessed for any hazards associated with the presence of lead- based paint by a State of Texas certified lead inspector/assessor as required. Each family will be notified as to the hazards of lead based paint. Where any hazard has been detected, the owner shall be notified. Feasibility analysis of reducing the lead hazards will be included as part of any feasibility analysis that is conducted. If rehabilitation and lead hazard reduction is not feasible a reconstruction may be proposed. Page 11 of 20 J. All city building permits shall be obtained by the contractor at his/her expense and may be included as part of the bid. 10. PARTICIPANT APPROVAL AND RESPONSIBILITIES A. After the applicants have been approved for assistance by the Local CDBG Disaster Recovery Fund Supervisor or his/her designee, a property inspection must be conducted to determine the work necessary to upgrade the structure to minimum Program standards. All work done must meet local building codes and HQS at a minimum. Newly constructed housing must also meet IRC and energy code requirements. Work write-ups will be required for all applicants awarded. Reconstruction and replacement projects will also require plans and specifications. "Before" pictures shall be taken by the Administrator to provide a photographic record of the necessary structure and improvements and must be submitted with all work write-ups and copies of the initial property inspection. B. Applicants will be given the opportunity to accompany the Local CDBG Disaster Recovery Funds Supervisor, or his/her designee on the work write-up inspection in order to discuss the proposed work items. When the work write-up has been completed and a cost estimate prepared, the Local CDBG Disaster Recovery Fund Supervisor or his/her designee shall discuss the scope of the work and the effect of the cost estimate with the applicant. If the applicant agrees with the scope of work and to his/her responsibility regarding any additional funding, the applicant shall sign off on the final work write-up that is used in the bidding process. The Local CDBG Disaster Recovery Fund Supervisor or his/her designee shall agree not to omit any work items that are necessary to bring the structure up to program standards as previously established herein. C. Upon completion of the work write-up, the applicant, with assistance from Administrator if needed, shall solicit competitive bids for the proposed work from all contractors interested in Program participation. The applicant shall select the qualified contractor and shall forward the bids to the Administrator for review. The bid must be within 15% of the initial cost estimate. If the bid is too high, the applicant shall: 1) request the bidder to review his or her bid to determine if any items were priced inappropriately and to revise his/her bid accordingly; 2) agree to pay the difference; or 3) re-bid the project in its entirety. If errors are confirmed in the original cost estimate, appropriate estimate adjustments shall be made to effectively compare the bids to this estimate. All contractors must meet all Administrator requirements and must be approved by the Department prior to execution of the rehabilitation contract. The contractor must meet and comply with all of the contractor requirements as hereinafter established for this Program. D. After the work write-up has been completed, a before-rehabilitation appraisal valuation will be obtained from the County Central Appraisal District in order to determine that the after-rehabilitation value does not exceed the maximum allowed (203 b limits). 11. CONTRACTOR SELECTION Page 12 of 20 A. CONTRACTOR QUALIFICATIONS L Contractors are responsible for, and must meet minimum requirements as follows: (1) All contractors shall carry and provide proof of a current general liability policy of at least one hundred thousand dollars ($100,000). This policy should cover all work done under the CDBG Disaster Recovery Fund Program and be pre-paid throughout the contract period. No geographical, time or other limitation that excludes the CDBG Disaster Recovery Fund Program will be acceptable. (2) The contractor and sub-contractors must not be debarred, suspended, or ineligible according to the U.S. General Services Administration's List of Parties Excluded from Federal Procurement or Non-Procurement Programs. Verification of contractor eligibility from the Texas Department of Housing and Community Affairs is not required prior to awarding any contract to the contractor unless federal labor standards requirements apply. (3) Whenever possible, the Administrator will give opportunities to Historically Underutilized Businesses (HUBs) and will make an affirmative effort to encourage bids from such contractors. (4) Whenever possible, opportunities shall be given to locally owned businesses and low-income residents of a given area. iii. In addition to these requirements, the Administrator may establish their own fair and evenly applied criteria for contractor selection. These may include but are not limited to: (1) Workers compensation insurance; (2) Verification of quality of work references; (3) Verification of credit references; and (4) Verification of established line of credit. iii. An approved contractor list will be created and will be accessible to all applicants who meet the fair and reasonable criteria pre-established by the Administrator. Such criteria will be made available in writing upon demand by interested parties. This criteria along with an advertisement to bid will be posted in a public place. Any advertisement to bid should allow reasonable time for an interested party to meet the criteria required by the Administrator. 12. CONTRACTOR PROCUREMENT A. Contractors will be selected through an itemized bid process. A sealed bid is the preferred method of selecting bids. If the modified bid process is followed, the homeowner may select any bid that is within 15% of the cost estimate. However, Page 13 of 20 the low bid is always preferred and the homeowner should state their preference for a higher bidder in writing. If the homeowner has deferred contractor selection to the program Administrator the lowest qualified bid will be selected. B. Contractors will adhere to the terms of the rehabilitation contract including performance standards and the general specifications. Whenever the need for clarification results in a change, such issues will result in a written change order prior to any work being completed. No work will be approved except that which is established in the contract and in written approved change orders. Any unforeseen or hidden condition should be reported to the Administrator immediately. Any item that conflicts with these standards should be reported immediately by the contractor. C. Whenever possible the contractor will make an effort to minimize the impact of the construction on the homeowner. Work shall be carried out swiftly and directly. Electric, water, sewer and gas service will not be interrupted for more than twelve (12) hours without written approval by the homeowner being assisted with CDBG Disaster Recovery funds. Heat will be provided at all times during winter months. Doors, windows and any other large openings or air leaks will be repaired on the same day. The work area shall be secured at all times. D. The work area shall be left clean and free from clutter at the end of each day and the contractor, not the homeowner, will be responsible for storage of materials and tools. E. Prior to the commencement of construction, the homeowner will arrange to move and store any valuable personal property that might be damaged during the course of construction. If property is damaged through negligence of the contractor, arrangements will be made by the contractor to reimburse the homeowner. F. The contractor shall use the site and its facilities only for specified construction. The electrical, water, sewer and gas systems shall be used only for construction purposes and during the construction phase only. G. Any discrepancy in the contract documents shall be brought to the attention of the program Administrator immediately. H. Failure of contractors to meet the Department's criteria can result in: L Contractors not being eligible for payment, and should not become party to any CDBG Disaster Recovery Fund Program funded project. I. The contracting sequence for housing rehabilitation projects shall be: Invitation to Bid, Bid Opening, and Contract Award. L Within ten (10) days of notification of the contract award, the successful bidder shall provide the program Administrator with: (1) a list of sub-contractors, and Page 14 of 20 (2) certificates of insurance. (a) certificates of insurance from the issuing company will show current coverage in the amount stipulated in the contract documents and with a thirty (30) day notice of cancellation of insurance to the Administrator for: general liability with completed operational coverage, vehicle liability, and statutory workman's compensation (as required). J. The contractor shall begin work within ten (10) days of receiving the issuance of the Notice to Proceed. 13. CONTRACTOR REQUIREMENTS A. The number of work days shall be set out in the contract. Upon completion of the work acceptance by the Administrator and homeowner, the Certificate of Final Inspection is issued and the Warranty Period begins. B. Thirty (30) days after the Certificate of Final Inspection date, the statutory amount retained is released to the contractor, except in cases where it is determined that the retained should not be released. C. It is recommended that payments are made when a project reaches 40%, 70%, and 100% completion and at 30 days after a Certificate of Final Inspection is issued. D. All payment requests will be made in writing by the contractor to the Administrator and will include a list of items, their costs, and a sum of the item costs. E. The work to be paid should be based solely on completed items from the schedule of values submitted by the contractor prior to construction or the Itemization of Bid Form if no schedule is submitted. F. The Administrator will inspect such work as soon as possible (usually within one business day) from receipt of such request. G. The Administrator will provide a completed Contractor Request for Payment form to the Contractor to sign for the work which payment is authorized and will then request the homeowner to execute the Contractor Request for Payment form. Payments will be made thereafter. H. All materials used shall be new (unless otherwise specified in the Project Manual) and of good quality. All work shall be done with skilled craftsmen and accomplished with care. Contractor shall provide samples to the homeowner for selection for all materials as cited in the individual specifications and provide reasonable time to the homeowner to make selections. Contractor shall submit a letter to the contract Administrator, signed by the homeowner, stating that the homeowner approves of colors and quality of items such as, but not limited to: Page 15 of 20 paint, flooring materials, brick, shingles, vinyl siding, door/window/drawer hardware, and counter tops. I. Upon completion of construction, the contractor will: i. remove all construction debris from the site; ii, clean and mop all resilient floors; iii. clean all new and existing paint from other finished surfaces including window glass and mirrors; iv. leave all newly installed items in operating condition; V. light gas water heater pilots, stove/oven pilots and gas heater pilots; vi. start all other electrical and mechanical systems; vii. put all hardware in operating condition; viii. deliver new keys to homeowners if hardware is installed. J. Discovery of defective elements made known to the contractor before or during the construction process shall be brought to the immediate attention of the Administrator in writing. When repairs are made, the repairs shall reasonably match the surrounding materials in original design and dimension as approved by the Administrator. K. Where additional work is necessary to make repairs or to correct unforeseen dangerous conditions, the contractor shall submit to the Administrator a proposal consisting of what type of work is needed, the cost of such work, and the time necessary for such work to be completed. Unless it is determined there exists an immediate health and safety danger, NO WORK SHALL BE AUTHORIZED until agreed upon in writing by the homeowner, contractor, and Administrator. L. Compensation for additional work will be negotiated in the following manner: i. the deletion of work proposed, but not started; or if that is not possible, ii. an increase to the dollar amount of the contract (if funds are available). M. No other work shall be done to the project other than the work agreed upon in writing by the homeowner, Administrator and contractor or as necessary to remove immediate health and safety dangers during the construction phase. N. Contractor will be responsible for determining utility needs, to provide adequate sanitary facility(s) and to safely operate equipment on site. 14. PRE-CONSTRUCTION CONFERENCE Page 16 of 20 A. The Administrator shall conduct a pre-construction conference with the contractor and the recipient. The terms of the proposed rehabilitation contract will be explained along with the roles of the Administrator and the applicant. Additionally, the Administrator will explain the inspection procedures, completion requirements, and payment procedures. At the pre-construction conference, the Administrator shall have the following documents properly executed by both the homeowner and the contractor: 1) the Notification of Lead-Based Paint form; 2) the Pre-construction Conference Report; and 3) the Contractor's Non-Kickback Certification. In addition, exterior and interior "before" pictures will be taken and placed in file. B. Prior to adjourning the pre-construction conference, the Administrator shall present the rehabilitation contract to be executed by the homeowner and the contractor. Upon executing the rehabilitation contract, the contractor will be provided with a written Notice to Proceed. This Notice to Proceed will allow for a ten (10) day start period from the date of the notice and shall also stipulate the number of days allowed for completion of the work. C. Each rehabilitation contract executed with a contractor shall contain a completion date and provide for liquidated damages if the contractor fails to meet such completion date. 15. INSPECTIONS AND CONSTRUCTION PAYMENTS A. The Administrator will assist the homeowner in ensuring that all contracted work is completed prior to payment and that such work was performed in an acceptable manner. To accomplish this, the Administrator will engage Inspector to conduct an initial inspection at work write up and a progress inspection at 50 to 75% completion, any additional inspections deemed necessary, and a final inspection upon completion of all of the work, noting deficiencies in written reports and keeping these reports in the project case files. B. The contractor may submit an initial partial payment request upon completion of 40% of the work. A maximum of three partial payments will be allowed. Final payment may be requested upon full completion of the work. The contractor will only be paid for the work completed, not for stored materials. Advancing CDBG Disaster Recovery Fund funds to a contractor is prohibited. A ten percent (10%) retainage will be withheld from each payment request, and such retainage will not be released until final payment is made or until the 30th day after final payment is made. C. Where applicable, permits may be required for work to be done on Mechanical/Electrical/Plumbing/Structural (MEPS) systems. Any MEPS work that requires a permit must be performed under the supervision of a licensed tradesman and the work shall be inspected by a licensed inspector for the appropriate trade to ensure that work is in full compliance with applicable local codes. Page 17 of 20 D. Where applicable, building permits will be required for building construction work and the building inspector for that area will inspect the job in accordance with the area's normal building inspection requirements. E. In the event a change order is necessary as determined by the Administrator, the Administrator shall review the proposed change order. A written change order must then be executed between the homeowner and the contractor. Change orders above ten percent (10%) of the original contract amount require Department approval. 16. CONTRACT COMPLETION A. Upon completion of the contracted rehabilitation work, the Administrator's Inspector shall conduct a final inspection of the structure when requested by the contractor. If the inspection reveals that corrective work is required on any improvements covered in the contract, the Administrator's Inspector shall prepare a punch list for the contractor. After all work, including the punch list, has been completed to the satisfaction of the Administrator's Inspector and the homeowner, and the work is accepted, the Administrator shall issue a fully executed Certificate of Completion and Final Inspection form. B. Upon completion of the Certificate of Final Inspection, contractor shall ensure that the following documents are submitted to the Administrator: i. Statements from all subcontractors involved in the project; ii. Contractor's Final Invoice form; iii. Contractor's Non-Kickback Certification; iv. Release of Liens; and V. all contractor and manufacturer warranties. C. After receipt of these documents, the Administrator shall cause a final joint check (less 10% retainage) to be issued to the owner and contractor. The Administrator shall obtain the homeowner's endorsement and deliver the check to the contractor. Upon delivery the contractor shall execute the Receipt of Final Payment, and this will effectively constitute completion of the project. D. After 30 days from final completion, the Administrator shall conduct a post- inspection along with the homeowner and contractor. If no discrepancies are found during the post-inspection, the Administrator will approve the release of the 10% retainage to the contractor. However, if discrepancies are noted, the Administrator shall withhold retainage in an amount equal to one and one-half times the value of the work remaining to be done. Upon completion of this work, another post-inspection shall be conducted, and if the work is completed to the satisfaction of the Administrator and the homeowner, the Administrator shall approve the release of the withheld retainage; otherwise, the same process is repeated. Page 18 of 20 E. Following the completion and acceptance of the rehabilitation work, the Administrator shall take "after" rehabilitation pictures (interior and exterior) to provide a photographic record of the structure and improvements accomplished. F. Contractor Warranties L All work performed by the rehabilitation contractor shall be guaranteed for a period of one (1) year. Such warranty shall be stipulated in the construction contract between the contractor and the homeowner. For a period of one (1) year, the homeowner may require the contractor to correct defects or problems arising from his or her work under this contract. Should the contractor fail to do so, the homeowner may take any necessary legal recourse as prescribed in the rehabilitation contract. A reasonable amount of time shall be given to correct the problem, but the contractor shall contact the homeowner within two (2) business days. 17. FILES AND RECORDS A. The Administrator shall maintain accurate files and records on each applicant. All pertinent documentation must be maintained for five years after the Department notifies the Administrator that HUD has closed out the Program. Such files shall be open for public inspection in accordance with the Texas Public Information Act, and be available at the Administrator's offices. B. Project Close-Out L Administrator shall ensure that upon completion of each project, the following closeout forms are submitted to the Department: (1) Request for Close Out of CDBG Disaster Recovery Fund Program Project; (2) HUD's Homeownership Assistance Project Completion Report; (3) the Department's Historically Underutilized Businesses (HUBs) Report; and (4) other forms as may be required by the Department. C. Contract Close-Out L Administrator shall ensure that upon completion of the contract the Certification of Completion and such other forms as may be required, are submitted to the Department. Page 19 of 20 18. GRIEVANCE PROCEDURE A. Each applicant or participant shall have the right to appeal any decision of or grievance to the Administrator, provided such appeal is made within fifteen (15) days from when the decision has been rendered or the grievance occurred and/or became known to the applicant. If the applicant/participant is not satisfied with the decision of the Administrator, he/she may then appeal his or her grievance to the Local CDBG Disaster Recovery Fund Supervisor provided such appeal is made within fifteen (15) days from the date of the decision of the program Administrator. The decision of the Local CDBG Disaster Recovery Fund Supervisor shall be final. B. Administrator Employees Not To Be Held Liable L No member, officer, agent, or employee of the Administrator shall be personally liable concerning any matters arising out of or in relation to, the commitment of CDBG Disaster Recovery Fund Program funds with regard to feasibility or viability of the proposed project. ii. Changes, Waivers And/Or Conflicts (1) The Local CDBG Disaster Recovery Fund Supervisor shall have the right to change, modify, waive or revoke all or any part of these guidelines in writing by a majority vote taken at an open meeting of the Local CDBG Disaster Recovery Fund Supervisor and approval by the Department. (2) No member of the governing body of the Administrator and no other official, employee, or agent of the Administrator who exercises policy or decision-making functions or responsibilities in connection with the planning and implementation of this Program shall be eligible for rehabilitation assistance, in accordance with 24 CFR Section 570.489(h), Conflict of Interest. Addendum Desired changes and/or additions to this program design may be allowed. Please cite the section that is to be replaced along with the proposed and/or alternative language. Only amendments submitted in this way will be considered for Department approval. PASSED and APPROVED this 20th day of June, 2006 by the Executive Committee of the South East Texas Regional Planning Commission. 57 Ole APPROVED: --- Chester R. J rdan, Jr., Executive Director Signature A hority Page 20 of 20 EXHIBIT "C.1" Now- w. City of Beaumont Housing Services Division TDHCA Residential Emergency Repair Program Guidelines Community Development Block Grant(CDBG) TDHCA Disaster Program-Residential Emergency Repair Program Effective November 1,2006 Page I of 7 TDHCA Residential Emergency Repair Program Guidelines Mayor Guy Goodson Mayor Pro-Tern Nancy Beaulieu Councilwoman Lulu Smith Councilman Andrew Cokinos Councilman Audwin Samuel Councilwoman Becky Ames Councilwoman Bobbie Patterson Kyle Hayes City Manager Adopted by the Beaumont City Council November_,2006 Housing Services Division 801 Main,Suite 225 P 0 Box 3827 Beaumont,Texas 77704 Phone 409.880.3763•Fax 409.880.3125 TDHCA Disaster Program-Residential Emergency Repair Program Effective November 1,2006 Page 2 of 7 TDHCA Disaster Program TDHCA Residential Emergency Repair Program Guidelines Effective: November 1, 2006 The objective of the Residential Emergency Repair Program is to provide assistance to homeowners with an urgent need for emergency repairs when they are without sufficient resources to make those repairs themselves. This program is designed to assist with "urgent need"repairs resulting from Hurricane Rita. Who is Eligible? As a homeowner, you may be eligible for assistance under this program, if you meet all the following conditions: A Your total household income is at or below 80% Median Area Income. A First priority will be given to uninsured persons age 62 and above who are also disabled and/or medically fragile. Second priority will be to uninsured single head of households. Third priority will be to underinsured persons age 62 and above who are also disabled and/or medically fragile.. Fourth priority will be to underinsured single head of households. Fifth priority will be to all other qualified households on a first come, first served basis. A Your home (single-family dwelling unit) must be located within the city limits of the City of Beaumont. A Your home requires an urgent repair, which if left unattended, would jeopardize the health and safety of the occupants. Needed repairs must have resulted from hurricane force winds and/or rain. A You must own and occupy your property as your principal residence on a year-round basis. A You must hold the title to the property or contract for deed or contract for sale. Contract for Deed or Contract for Sale is subject to time restrictions. A You must be a United States citizen or legal resident alien. � A TDHCA Disaster Program-Residential Emergency Repair Program Effective November 1,2006 Page 3 of 7 A You must complete the application process and your application and requested repairs must be approved by the City of Beaumont. Please note that all other disaster recovery funds, including but not limited to homeowner's insurance proceeds and funds from FEMA, Small Business Administration (SBA), Red Cross, etc., must be used and evidence provided, prior to the disbursement of any TDHCA Disaster Program Residential Emergency Repair funds. A Your property must meet all environmental restrictions and regulations including floodplain, historical, lead-based paint, etc. If a work write-up determines that needed repairs exceed program limits established for Emergency Repair, the homeowner will be advised and needed repairs will be considered under the TDHCA Housing Rehabilitation Program or the TDHCA Single- Family Reconstruction Program. What Types of Repairs are Eligible? Generally, repairs that are an urgent need are eligible for assistance. Housing Services Division staff will inspect the unit to determine if the repair is eligible. Eligible Repairs: repairs necessary to protect the health and safety of the household members. repairs may include mechanical, plumbing, electrical, roofs, walls, floors, ceilings, foundations, doors, windows, cooling and heating systems, building related deficiencies, or repairs that involve hazards that would cause the unit to continue to deteriorate. The following are some examples of eligible repairs: Plumbing, Lines 9 p 9. , Electrical Wiring Systems, Roofs, etc. repairs not covered by insurance claims or other disaster related assistance. Please note that all other disaster recovery funds including but not limited to homeowner's insurance proceeds and funds from FEMA, SBA, Red Cross, etc., must be used, and evidence provided to Housing Services Division Staff, prior to the disbursement of any Residential Emergency Repair Program funds. Such evidence includes FEMA damage assessment report, Insurance Adjuster's report or independent work write-up from a bonded contractor, paid receipts and/or canceled checks. If owner has already spent insurance funds for repairs, owner must provide proof of payment and detailed documentation of work completed. funds must be used for buying materials and contracted labor. removal of trees and debris TDHCA Disaster Program-Residential Emergency Repair Program Effective November 1,2006 Page 4 of 7 Repairs That Are Not Eligible: cosmetic repairs. Cosmetic repairs will not be carried out under the program unless they are necessary to make the immediate area,where the repair was completed, match the surrounding area as much as possible. rental property and mobile homes are not eligible for assistance. there is no requirement that these repairs bring the entire structure up to minimum property standards. However, codes, standards, and specifications apply to individual repairs. All repairs made will be permanent and not of a temporary nature. What are the Maximum limits for the Program? Eligible housing units may be assisted once. $25,000 — actual repairs exceeding $19,250 will not be approved for this program. Applicant may, however, be considered for the TDHCA Owner Occupied Rehabilitation/Reconstruction Program) Lifetime Maximum: $25,000. Exception: Assistance may be provided upon reoccurrence of a hurricane and funding is made available to the City and approved for such assistance. Repairs Completed: Once the repairs are completed and the contractor receives payment, no additional repairs will be completed. Limited Funds: Staff responds to requests for Emergency Repairs on a first-come- first-served basis from eligible applicants based upon the applicant's priority category and the date the completed application is received. Although a specific amount of funding has been approved by the Beaumont City Council, all program funding is subject to the availability of TDHCA Disaster Program funds. Does the Repair Need to be Paid Back? Assistance is provided in the form of a grant and does not need to be paid back. How do I Apply? 1. Contact the Housing Services Division for an application and inspection. 2. Complete the application process. 3. Submit required documentation, including Applicant's Certification of Disability (where applicable), a copy of your deed and proof that taxes and insurance are current, along with documentation of any insurance payments or financial assistance from FEMA, Red Cross, SBA or any other source. What Happens After I Apply? The City of Beaumont Housing Services Division will complete an inspection to determine if the project is eligible. If eligible, you will receive instructions on how to proceed. The City of Beaumont Housing Services Division will review the application TDHCA Disaster Program-Residential Emergency Repair Program Effective November 1,2006 Page 5 of 7 and will verify that federal guidelines and all other program requirements have been met. If any information is found to be intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply to this program. You will receive written notice of the date the application is accepted or rejected with details of the decision if the application is rejected. In the event your house is 45 years old or older, the Texas Historical Commission may have to be notified. After your application has been accepted, get at least two written estimates for the same work. If you are unable to get two estimates, contact the City of Beaumont Housing Services Division. THE CONTRACTOR YOU SELECT MUST COME TO OUR OFFICE LOCATED IN CITY HALL,ROOM 225,PRIOR TO BEGINNING ANY WORK TO SIGN AN ASSURANCE STATEMENT THAT THE CITY'S STANDARD CONTRACTOR'S GUIDELINES WILL BE ADHERED TO. NO PAYMENT WILL BE MADE FOR REPAIRS BY A CONTRACTOR WHO HAS NOT PROVIDED SUCH ASSURANCE STATEMENT. When painted surfaces will be affected in a house built before 1978, the area will be tested for lead based paint. A lead based paint inspection and/or risk assessment shall be conducted by a licensed risk assessor. If your house is found to have lead-based paint hazards, hazard reduction techniques will be utilized. A work write-up for the repairs needed to correct the health or safety-related problem must be submitted. The work write-up may be in the form of a FEMA or insurance adjuster's damage assessment report, or from an independent bonded contractor. Only contractors who carry a minimum of$100,000 liability insurance may perform the work. You may select any interested contractor who documents appropriate insurance coverage and is not on the most recent list of contractors who are ineligible to work on projects involving federal funds. The contractor/repair company will provide warranty information for work completed. A copy of warranty information must be submitted to Housing Services. Upon final inspection approval, the contractor may submit an invoice. The payment request will be processed upon project approval and the contractor can usually expect payment within 15 working days from the date invoice was approved. What The Program Is Not Although the TDHCA Residential Emergency Repair Program is designed to respond to a variety of problems, it has limits and should not be confused with other programs offered by the City of Beaumont Housing Services Division. A It is not a rehabilitation program. The most recent item, system, or structure to fail in a home may prompt the homeowner to seek assistance from the TDHCA Residential Emergency Repair Program while many other items are also in need of repair. The TDHCA Residential Emergency Repair Program is TDHCA Disaster Program-Residential Emergency Repair Program Effective November 1,2006 Page 6 of 7 designed to respond to urgent needs resulting from hurricane force winds and/or rain and, that if left unrepaired, would lead to further deterioration or to the house becoming unlivable. The City of Beaumont, Housing Services Division offers a Housing Rehabilitation Program that can address many more issues than the TDHCA Residential Emergency Repair. A It is not assistance for home sellers. The homeowner must affirm that they intend to live in the home for the next 12 months as far as foreseeable. The funds are designed to keep a homeowner living in their home rather than assist them in selling it. If it is determined after repairs are made that residency requirements have been falsified, the City may require that all funds be repaid. A It is not a remodel service. To extend assistance to as many households as possible, systems and items should be repaired rather than replaced, if possible. Tins on Contracting for Home Repair Work We encourage you to compare prices. Get at least two written estimates-for the same work when possible. Ask for local references from contractors. You can also call the Texas Department of Licensing and Regulation at (800) 803-9202 to see if a contractor has a current license in good standing. • Don't agree to or sign anything you do not understand. Ask questions- know what you are getting for your money. • Don't be pressured into purchasing items or contracting for repairs you don't want or really need. • Ask about guarantees and warranties on the materials and the labor. • Never pay for repair work in advance. (Although you may have to pay a deposit if your project should require the ordering of special items or materials.) • Ask the contractor if he will provide all the permits that are required for the repair work. • It is a good idea to let your insurance company know if your roof is replaced so that your policy will accurately reflect the age of your new roof, in case of any future claim. The program is administered by the City of Beaumont Housing Services Division and funded by the Texas Department of Housing & Community Affairs (TDHCA) Disaster Program. For questions about this program or to obtain an application, please contact: City of Beaumont Housing Services Division 801 Main, Suite 225 Beaumont, Texas 77701 (409) 880-3763 The TDHCA Residential Emergency Repair Program is subject to availability of funds from the Texas Department of Housing&Community Affairs Disaster Program. If there are no funds available,the program will not be available. Applicant is subject to all guidelines changes. TDHCA Residential Emergency Repair Program guidelines are subject to change without notice. TDHCA Disaster Program-Residential Emergency Repair Program Effective November 1,2006 Page 7 of 7 EXHIBIT "C.2" e City of Beaumont Housing Services Division TDHCA Owner Occupied Rehabilitation/Reconstruction Program Guidelines Community Development Block Grant (CDBG) Page I of 7 % C TDHCA Disaster Program Owner Occupied Rehabilitation/Reconstruction Program Guidelines Effective 11/1/2006 TDHCA Owner Occupied Program Guidelines Mayor Guy Goodson Mayor Pro-Tem Nancy Beaulieu Councilwoman Lulu Smith Councilman Andrew Cokinos Councilman Audwin Samuel Councilwoman Becky Ames Councilwoman Bobbie Patterson Kyle Hayes City Manager Adopted by the Beaumont City Council November_, 2006 VWWX� Housing Services Division 801 Main,Suite 225 P O Box 3827 Beaumont,Texas 77704 Phone 409.880.3763•Fax 409.880.3125 Page 2 of 7 TDHCA Disaster Program Owner Occupied Rehabilitation/Reconstruction Program Guidelines Effective 11/1/2006 TDHCA DISASTER PROGRAM Llwi.- OWNER OCCUPIED REHABILITATION/RECONSTRUCTION PROGRAM GUIDELINES Introduction Conversion and expansion of the nation's housing stock is one of the specific objectives to be met by the expenditure of Community Development Block Grant (CDBG) funds. Title I of the Housing and Community Development Act provides that the principal beneficiaries of these expenditures should be person of low and moderate income. Affordable housing is a national priority and ranks as one of the foremost legislative agenda items. The Owner Occupied Rehabilitation/Reconstruction Program which has been designed to provide grants to low and moderate income persons residing within the Beaumont city limits and whose home is in need of repairs resulting from Hurricane Rita. The goal of the Owner Occupied Rehabilitation/Reconstruction Program is to prevent deterioration of older City neighborhoods and to provide safe, affordable housing for economically disadvantaged residents.Assistance is directed toward low/moderate income individuals who own their own homes. Purpose The purpose of the TDHCA Owner Occupied Rehabilitation/Reconstruction Program is to provide financial and technical assistance to eligible homeowners who need moderate or intensive repairs, or, in specific cases, reconstruction, resulting from Hurricane Rita to keep their property safe and habitable, thereby prolonging the useful life of the structure, preserving the viability of the neighborhood and preventing slum conditions when economically feasible. Funding and Administration This rehabilitation/reconstruction activity is conducted by the Housing Services Division which is a Section of the Public Works Department. Funding for all aspects of this program comes from the Texas Department of Housing & Community Affairs (TDHCA) Disaster Program. This program is designed to assist with needed repairs resulting from Hurricane Rita. Applications 1. Applications may be obtained from the City of Beaumont's Housing Services Division, or from www.citvofbeaumont.com. 2. Complete the application process. Applications are not considered complete unless completely filled out and all supporting documentation is attached. Incomplete applications will not be considered for assistance nor placed on the waiting list for assistance. 3. Supporting documentation includes, but not is not limited to: Applicant's Certification of Disability (where applicable) A copy of your deed and proof that taxes and insurance are current Documentation verifying income, including bank statements for the prior six months Income statements and/or check stubs (three months) Retirement IRA's Social Security determination letters Unemployment Alimony Page 3 of 7 µea Y* s TDHCA Disaster Program ¢ Owner occupied Rehabilitation/Reconstruction Program Guidelines Effective 11/1/2006 Child support Homeowner's insurance payments Financial assistance from FEMA, Red Cross, SBA Any other source of income, payments or awards. Eligibility Criteria Eligibility for rehabilitation/reconstruction assistance is established by criteria consistent with HUD income and housing code standards, as well as local City housing goals and objectives. The program guidelines are as follows: 1. All applicants must meet HUD income eligibility requirements. 2. First priority will be given to uninsured persons age 62 and above who are also disabled and/or medically fragile. Second priority will be to uninsured single head of households. Third priority will be to underinsured persons age 62 and above who are also disabled and/or medically fragile. Fourth priority will be to underinsured single head of households. Fifth priority will be to all other qualified households on a first come, first served basis. Applicant Eligibility In order to be considered for rehabilitation/reconstruction assistance, the applicant must meet the following criteria: 1. The Owner must have clear title, and either reside in, or have moved out of the house temporarily with intent to move back into the house for which they requested assistance; 2. The owner must have owned their property for at least one (1) year prior to submitting an application for rehabilitation assistance; 3. Provide proof that mortgage payments are current; 4. Provide proof that taxes are current and hazard insurance is in force prior to start of construction; and 5. Total household income is at or below 80%of the current Area Median Income limits established by HUD. One Two Three Four Five Six Seven Eight person in persons in persons in persons in persons in persons in persons in persons in household household household household household household household household $28,350 $32,400 $36,450 $40,500 $43,750 $47,000 $50,200 $53,450 • income limits subject to change on an annual basis Property Eligibility Rehabilitation/reconstruction work shall be limited to those properties that are determined in need of repairs resulting from Hurricane Rita, in order to comply with the City's Standard Housing Codes. Page 4 of 7 TDHCA Disaster Program f �� Owner Occupied Rehabilitation/Reconstruction Program Guidelines Effective 11/1/2006 The properties must be located within the Beaumont city limits and must be the owner's principle residence. Scope of Work Rehabilitation is defined as bringing an entire structure into conformance with a pre-determined set of specifications and standards that address the entire condition of the structure. Maximum funding is limited to $65,000 (including soft costs). Rehabilitation assistance may be offered where actual development costs for needed repairs are greater than $19,250, but do not exceed $51,250. Applicant may, however, be considered for the TDHCA Emergency Repair Program or Reconstruction, where applicable. In order to document the physical condition of the home which will be rehabilitated or reconstructed a thorough inspection will be required. This inspection will be documented in writing, with drawings and photographs as needed. All items needing repair will be documented with specific measurements and locations sufficiently to create a work-write up and cost estimate. The extent of rehabilitation work specified shall be determined by the Housing Inspector's findings of Standard Housing code deficiencies and subsequent cost estimates for the necessary repairs to bring the house up to Housing Quality Standards and local health and safety codes. In some cases, additional improvements beyond minimum standards may be warranted, especially in instances where serious violations may become Standard Housing Code deficiencies within the succeeding twelve(12)months. In most cases, however,general property improvements, which may be desirable but are not required to meet Standard Housing Code, shall not exceed ten percent (10%) of the repair cost. In addition to necessary Standard Housing Code repairs, specifications may include energy conservation improvements. Rehabilitation shall be limited to "stick built" structures that have been deemed feasible for rehabilitation. Reconstruction is defined as demolition of an existing home and building a new home of similar type on the same lot. Funding for Reconstruction limited to$100,000(including soft costs),and may be offered in specific cases where the actual development costs needed to repair the existing home is greater than$51,250. Funding for reconstruction will not be approved where actual development costs are less that $51,250. Applicant may, however, be considered for the TDHCA Emergency Repair Program or Rehabilitation,where applicable. The decision to reconstruct will be determined by the Housing Inspector's findings of Standard Housing code deficiencies and subsequent cost estimates for the necessary repairs to bring the house up to Housing Quality Standards and local health and safety codes. If reconstruction is being considered, a preliminary budget should be prepared to indicate the potential cost of rehabilitation. This budget, including any inspection checklist, notes, photographs and drawings will be called the "feasibility analysis". This budget should include all major systems but need not detail individual items of cost. If the cost of rehabilitation including lead hazard inspection and reduction: i. is less than $25,000, emergency repair assistance will be offered to the homeowner. Reconstruction will not be an option and the City will prepare a detailed work write-up and cost estimate for rehabilitation adequately documented to be used as bid documents. ii. is more than $25,000 but less than $65,000 rehabilitation assistance will be offered to the homeowner and the City will prepare a detailed work write-up and cost estimate for rehabilitation adequately documented to be used as bid document. iii. where a detailed work write-up and cost estimate for rehabilitation determines needed repairs will exceed$65,000, reconstruction assistance will be offered to the homeowner. If the applicant does not desire reconstruction the City will"walk away"from the project after Page 5 of 7 All TDHCA Disaster Program .�� Owner Occupied Rehabilitation/Reconstruction Program Guidelines Effective 11/1/2006 notifying the applicant that the project is not feasible and offering an explanation in writing. Lead-Based Paint Regulations Changes On September 15, 1999, HUD issued a new Federal lead-based paint regulation implementing Title X of the Housing and Community Development Act of 1992. This regulation makes many important changes in the lead-based paint requirement applicable to housing funded through HUD's Community Planning and Development(CPD) Programs. State and local jurisdictions that receive funding from the Community Development Block Grant (CDBG) Program, HOME Program, McKinney Act homeless programs and other CPD programs were required to implement the new requirements by September 15, 2000. Bid Process The proposed bid process is as follows: (A) Contractors will be referred to owners from approved contractors list.All contractors not currently on the City's approved contractors list must be approved prior to performing any work. (B) Owners will solicit bids from the approved contractors list. (C) Owner will select the contractor they wish to perform the work from the two lowest bids. Staff and the owner will review the selected contractor's bid for cost,thoroughness, reasonableness and make a final decision on accepting, modifying or rejecting the bid. As an alternative, Housing Services Staff will retain the process of completing rehab cases through the formal bid process when necessary. Rehabilitation Categories The scope of work shall be defined and limited by the cost estimate to bring the property up to Housing Quality Standards (HQS) and local health and safety codes, and other codes when applicable,except in those cases where the structure is too deteriorated to be repaired to Standard Housing Code, but needs immediate emergency repairs to make the structure habitable. Estimated costs in excess of $65,000 for repairs shall render the project economically unfeasible for rehabilitation assistance, and in excess of$100,000 under for reconstruction assistance. Project Selection Each applicant's property will have a cost write-up after thorough evaluation of the property's condition is made to determine the extent of work necessary to meet applicable Housing Quality Standards and local health and safety codes. If actual repair costs are less than $19,250, the applicant may be considered for the TDHCA Residential Emergency Repair Program, or if the actual repair costs exceed $51,250, the applicant may be considered for the reconstruction under the TDHCA Owner Occupied Rehabilitation/Reconstruction Program. For cost estimates f a lling within the defined rehab categories, work will proceed on a first come, first served basis within the established priority categories. Financial Assistance Financial assistance for rehabilitation/reconstruction work will be provided to eligible applicants in the form of a grant. Eligible applicants whose homes are situated in the 100-Year Flood Plain will be deferred to the Southeast Texas Regional Planning Commission for further review.. Limitation of Assistance All eligible applicants must live within the city limits of Beaumont. Financial assistance will be offered only once to homeowners requesting rehabilitation/reconstruction work. The TDHCA Owner Occupied Rehabilitation/Reconstruction Program is subject to availability of funds from the Texas Department of Housing & Community Affairs Disaster Program. Page 6 of 7 TDHCA Disaster Program � Owner Occupied Rehabilitation/Reconstruction Program Guidelines Effective 11/1/2006 Securitv for Owner Occupied Rehabilitation/Reconstruction Deferred Loans Rehabilitation assistance provided to eligible applicants whose homes are situated in the 100-Year Flood Plain may be in the form of a 3-year deferred grant. Such determination will be made by the Southeast Texas Regional Planning Commission and/or the Texas Department of Housing & Community Affairs. Cancellation of Lien Lien cancellations are subject to terms and conditions set forth by the Texas Department of Housing & Community Affairs. Eligible applicants will be advised of any lien and lien cancellation requirements prior to acceptance of a deferred grant. Appeal Process The Southeast Texas Regional Planning Commission shall consider the written appeal of the applicants who feel that due process has been denied. The cause of such appeal shall be, but not limited to: 1. Denial of funding due to less than minimum or excessive rehab cost estimates exceeding program guidelines; 2. Cases in which the applicant feels inaccurate information may have been included on the application which adversely affected their qualifications. The Housing Services Division shall advise applicants of their right to appeal and prepare the necessary documents for the Southeast Texas Regional Planning Commission's resolution. Appeals must be postmarked within ten (10)days of the date of the letter of notification rejecting the application. Page 7 of 7 �j�� TDHCA Disaster Program 4 VIII{fE� Owner Occupied Rehabilitation/Reconstruction Program Guidelines Effective 11/1/2006 -t"i rw.vt Cttq of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 12, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager, Finance Officer, Budget Officer and the Director of Public Works to sign for funding drawdowns associated with the Community Development Block Grant(CDBG)Disaster Recovery Project Grant B) Approve a contract for replacement of the roof at Fire Station No. 10 C) Approve the purchase of mobile video recording equipment for use in the Police Department D) Approve the purchase of pipe tapping equipment for use in the Water Utilities Department E) Approve the purchase of help desk software for the Technology Services Department A City o f Beaumont •�• Council Agenda Item 'MM c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 12, 2006 AGENDA MEMO DATE: December 1, 2006 REQUESTED ACTION: Council authorize the City Manager, Finance Officer, Budget Officer and the Director of Public Works to sign for funding drawdowns associated with the Community Development Block Grant (CDBG) Disaster Recovery Project Grant. RECOMMENDATION Administration recommends Council authorize the City Manager,Finance Officer,Budget Officer and the Director of Public Works to sign for funding drawdowns associated with the Community Development Block Grant (CDBG) Disaster Recovery Project Grant. BACKGROUND On October 31,2006, City Council approved an agreement with the Texas Office of Rural Community Affairs for funding under the Disaster Recovery Grant Program of the Texas Development Block Grant Program. The Disaster Recovery Grant Program was established by federal legislation to aid areas most impacted and distressed by Hurricane Rita. The City will receive $1,950,000. The funding provided to the City under this program will be utilized as a portion to the 25 percent match toward a Hazard Mitigation Grant Program (HMGP) award from the Federal Emergency Management Agency(FEMA)on behalf of Drainage District No.6. The combined funds will be used to construct a drainage system on Calder Avenue from the Neches River to West Lucas Street. This project will address repetitive flooding problems in a significantly populated area of approximately 26,250 persons and will remove more than 900 homes on the National Flood Insurance Program (NFIP)repetitive loss listing. Additionally,this project will benefit 14,817 persons of low to moderate income. In order to drawdown funds associated with this project, the Office of Rural and Community Affairs requires that at least four(4)individuals within the City have authority and be readily available to sign these drawdowns within one (1) day. BUDGETARY IMPACT The total cost of the project is estimated at $47,150,000 with the City's share totaling approximately $21,534,820. Funds are available for the project in the Capital Program. PREVIOUS ACTION City Council approved the agreement with the Office of Rural and Community Affairs on October 31, 2006. SUBSEQUENT ACTION The Drainage District No. 6 and City will have to enter into an Interlocal Agreement for the City to access the Hazard Mitigation Grant Program funding. RECOMMENDED BY City Manager and Director of Public Works OECADDrawdownList.wpd December 1,2006 RESOLUTION NO. WHEREAS, on October 31, 2006, the City Council for the City of Beaumont approved an agreement with the Texas Office of Rural Community Affairs for funding in the amount of $1,950,000 under the Disaster Recovery Grant Program of the Texas Development Block Grant Program; and, WHEREAS,the Office of Rural and Community Affairs requires that at least four(4) individuals within the City have authority and be readily available to sign to drawdown funds within one (1) day: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, Finance Officer, Budget Officer and the Director of Public Works are authorized to sign forfunding drawdowns associated with the Community Development Block Grant (CDBG) Disaster Recovery Project Grant. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: December 12, 2006 AGENDA MEMO DATE: November 30, 2006 REQUESTED ACTION: Council approval to award a contract for replacement of the roof at Fire Station No. 10. RECOMMENDATION Administration recommends award of a job order contract to Jamail Construction for replacement of the roof at Fire Station No. 10 in the amount of$29,780.32. BACKGROUND Council authorized the award of a contract for job order contracting to Jamail Construction(Jamail) on July 11, 2006 through the Texas Association of School Boards (TASB)Buyboard cooperative purchasing program. Job order contracting is a fixed-unit-price contract that provides contract management services for the repair, renovation, and alteration of facilities. The roof on Fire Station No. 10 located at 3855 Washington Boulevard was damaged by Hurricane Rita. The scope of work includes the removal of the existing roof and replacement with a new hot asphalt gravel roof. Jamail provided a quotation based on the Buyboard contracted rates in the amount of$29,780.32. This price includes the insurance adjusters' agreed upon scope of work. Work will continence within two weeks and will be completed within thirty(30) days. Jamail will provide performance and payment bonds for this project as required by State statute for projects exceeding $25,000. Fire Station No. 10 November 30, 2006 Page 2 BUDGETARY IMPACT The cost of this project will be reimbursed by the City's insurance carrier. PREVIOUS ACTION Resolution No. 06-198 passed by Council on July 11, 2006. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works and Capital Projects Manager. I RESOLUTION NO. WHEREAS, on July 11, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-198 awarding a contract to Jamail Construction of Houston, Texas, through the Texas Association of School Boards (TASB) Buyboard cooperative purchasing program for repairs, renovations or alterations of various City facilities damaged by Hurricane Rita; and, WHEREAS, Jamail Construction (Jamail) has submitted a quote in the amount of $29,780.32 for a contract to replace the roof which was damaged by Hurricane Rita at Fire Station No. 10 located at 3855 Washington Boulevard: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the quote in the amount of$29,780.32 for a contract to replace the roof which was damaged by Hurricane Rita at Fire Station No. 10 located at 3855 Washington Boulevard be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - c City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: December 12, 2006 AGENDA MEMO DATE: December 1, 2006 REQUESTED ACTION: Council consider the purchase of mobile video recording equipment. RECOMMENDATION Administration recommends the purchase of six (6) Mobile-Vision F1ashBack Digital Video Recorders from L-3 Communications Mobile-Vision,Inc.of Boonton,New Jersey in the amount of $5,145 each. BACKGROUND Council has previously approved purchases of video surveillance equipment beginning in 1994. Trunk mounted video camera systems using VHS format technology are currently installed in fifty- eight(58)Patrol vehicles and thirty-two(32)other Police Department vehicles including those used by supervisors, investigators, and detectives. The equipment is used to record all traffic stops and disturbances, and serves as a tool to enhance officer safety. The audio and video recordings are stored on VHS tapes that can be used as evidence in court as they provide a fair and impartial account of an incident. The Traffic Division operates five(5)motorcycle units that have been equipped with Mobile-Vision DVD recording equipment since September 2005. VHS format recording equipment fails to operate properly on a motorcycle due to vibration and heat generation while the DVD recording equipment can withstand this rigorous environment. Audio and video data is recorded and transferred using flashcard technology into a server storage unit capable of holding 90 days of digital video. The motorcycle video equipment is used for the same purposes as the video equipment in patrol vehicles. In addition to the motorcycles,the Traffic Division also operates six(6)vehicles that are currently equipped with VHS format recording systems.Administration recommends these units be equipped with DVD recording equipment as it would be operationally practical to have all Traffic Division Purchase of video recording equipment December 1, 2006 Page 2 units on the same system. The Traffic Division is housed away from the main Police station. The server for the DVD recording equipment is housed at the Traffic Division office while the VHS tapes are secured at the main Police station. The Mobile-Vision VHS recording systems that would be removed from the Traffic vehicles would be installed in other Police vehicles to replace Eagleye systems that are over ten(10)years old. This purchase is exempt for competitive bidding as Mobile-Vision Digital Video Recorders are available from only one source. The purchase price of$5,145 each includes the camera with a 12x optical zoom lens, 3.5" LCD monitor, wireless microphone, antenna, flash memory card, antenna, collision sensor, and all other required cables and mounting hardware. The systems are warranted for one(1)year. BUDGETARYIMPACT Funds are available in the Police Department operating budget for the purchase of six (6) Mobile Vision FlashBack Digital Video Recorders for$5,145 each plus shipping charges of approximately $250 for a total cost of approximately$31,120. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Chief Financial Officer, and Police Chief. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase in the amount of$5,145 each plus shipping charges of approximately $250 for a total cost of approximately $31,120 for six (6) Mobile-Vision FlashBack Digital Video Recorders from L-3 Communications Mobile- Vision, Inc., Boonton, New Jersey, for the Police Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: December 12, 2006 AGENDA MEMO DATE: December 4, 2006 REQUESTED ACTION: Council consider the purchase of pipe tapping equipment. RECOMMENDATION Administration recommends the purchase of Mueller(R) pipe tapping equipment from Ferguson Waterworks of Houston, Texas at the unit costs reflected in the attached bid tabulation with a total expenditure of$34,205.49. BACKGROUND Bids were solicited from seven(7)vendors for furnishing Mueller(R)pipe tapping equipment for the Water Utilities Department.This equipment will replace similar equipment that is ten to twelve years old and becoming beyond repair. It will be used by the divisions of the Water Utilities Department to make taps on water and sewer mains.The list of equipment includes a drilling machine for making 2" to 24" lateral connections on pressurized or dry pipe main lines, an air power operator with non- reversible air motor, and the shell cutter and drill accessories required for making 4" to 12" cuts. The following three (3) bids were received. Itemized prices are included on the attached Bid Tabulation. Vendor Price Ferguson Waterworks, Houston, TX $34,205.49 HD Supply Waterworks, Houston, TX $35,321.03 Golden Triangle Pipe, Beaumont, TX $37,369.63 The equipment is warranted for one (1) year. Delivery is expected in 30 to 45 days. Purchase of pipe tapping equipment December 4, 2006 Page 2 BUDGETARY IMPACT Funds are budgeted in the Water Utilities Fund for this expenditure in the amount of$34,205.49. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Water Utilities Director, and Chief Financial Officer. BID TABULATION: PURCHASE OF PIPE TAPPING EQUIPMENT BID OPENING: THURSDAY, NOVEMBER 30, 2006 @ 2:00 PM BID NUMBER: TF1107-05 �[Fer-g-u-so-n Ho uston,tTX orks ' HD SHoustonaTX orks � GolBeaumont,tTXSupply 9 Pipe �I QTY PRICE Mueller®Cl-36-99002 Tapping Machine, 39262 - PRic 14 ,203.41 $14,666.5611r PRICE 231' _ -- _- - __ $4,332.11" __ $4,473.37 $4,732.83!_ __ Air Power Operator to Tapping Machine Adapter, 1 Mueller H-614 Air Power Operator , �' 1 580815 pp 9 p $205.47 $212.20 $224.48 1 3-1/2" Shell Cutter for 4" cuts Mueller 83203--- --.j r- -- - _ $905.67,^ _-- - -$935.21 _ $989.45 1 Cutter Hub 4" Mueller 83202 $468.07 ^ $483.34 $511.37 1 Pilot Drill 4" Mueller®83201 $489.40 $505,..351 $5 j Mechanical Joint Valve Adapter-Complete 4 Mueller® 83368 -. -._ -. - -- --------- -- - -- --- -$387.49 - $400.151 $423.34: 1 �Cutter Hub 6C Mue ler®63740 ®83134 _ _ $224 85 '� $$232.18 $1-,48-- ueller $245.65';;l 1 Pilot Dnll 6"or 8" Mueller®83056 $470.751 $514.29 Mechanical Joint Valve Adapter-Complete 6" Mueller@ 1 83369 l $419.11 $432.771 $457.871! I� 1 f 7-1/2" Shell Cutter for 8" Cuts Mueller 83135 -�� $1,737 69 $1,794.36 - $1,898 43illl 1 1 Cutter Hub 8 Mueller®63739_ p - - -.-- -- __- $2-48.95 Mechanical Joint Valve Adapter Complete 8 -- --- _-- ------$257.171- - ---$2__ -�I 72.09 1 Mueller®83370 -- _ - � _ -_- $517.18 --- ___ $534.04 $565.02 �) 1 9-1/2' Shell Cutter for 10"Cut Mueller 83140 - f $2,014.66! - $2,080.35 -- $2,201.02 , 1 Cutter Hub 10" M_ ueller@ 64240 $_285.96I' $295_.28 $312.41 I, 1'-- -- -- ----- ---- --- j _. -._. !i Mechanical Joint Valve Adapter-Complete 10" - $509.36 4 $538.901 - _-_ Pilot Drill 10 Mueller®83137 $493 27 II 1 11-1/2 Shell Cutter for 12 Cuts, Mueller 83141 - - - $-2-,-8--7- 2 876.43 - -- -$2,970.231 i 1-- - --- $3 942.50 1 Mueller 83371 _ 861.11 _ 889.18 --- -- _ _ � 1 Cutter Hub 12 Mueller®331 07 I $290.60 r $300.08 !_ $31748 4 1 Pilot Drill 12 Mueller®83139- - $519.6411 - $536.59 $567.71 Mechanical Joint Valve Adapter Complete 12' 1 j Mueller 83372______- TOTAL:11 -- X34 205.49. _ $36,321.03 $37,369.63 DELIVERY TIME:l; 28 to 42 days 30 to 45 days N/A RESOLUTION NO. WHEREAS, bids were received forthe purchase of Mueller®pipe tapping equipment for the Water Utilities Department; and, WHEREAS, Ferguson Waterworks, Houston, Texas, submitted a bid in the unit costs shown below for a total expenditure of $34,205.49: QTY DESCRIPTION PRICE 1 Mueller®C1-36-99002 Tapping Machine, 39262 $14,203.41 1 Mueller®H-614 Air Power Operator $4,332.11 1 Air Power Operator to Tapping Machine Adapter, 580815 $205.47 1 3-1/2" Shell Cutter for 4" cuts Mueller®83203 $905.67 1 Cutter Hub 4" Mueller®83202 $468.07 1 Pilot Drill 4" Mueller®83201 $489.40 1 Mechanical Joint Valve Adapter-Complete 4" Mueller@ 83368 $387.49 1 5-1/2" Shell Cutter for 6" cuts Mueller®83134 $1,360.99 1 Cutter Hub 6" Mueller®63740 $224.85 1 Pilot Drill 6" or 8" Mueller®83056 $470.75 1 Mechanical Joint Valve Adapter-Complete 6" MuellerQD 83369 $419.11 1 7-1/2" Shell Cutter for 8" Cuts Mueller®83135 $1,737.69 1 Cutter Hub 8" Mueller@ 63739 $248.95 1 Mechanical Joint Valve Adapter Complete 8" Mueller@ 83370 $517.18 1 9-1/2" Shell Cutter for 10" Cut Mueller@ 83140 $2,014.66 1 Cutter Hub 10" Mueller®64240 $285.96 1 Pilot Drill 10" Mueller®83137 $493.27 1 Mechanical Joint Valve Adapter-Complete 10" Mueller@ 83371 $861.11 1 11-1/2" Shell Cutter for 12" Cuts, Mueller@ 83141 $2,876.43 1 Cutter Hub 12" Mueller®33107 $290.60 1 Pilot Drill 12" Mueller®83139 $519.64 1 Mechanical Joint Valve Adapter Complete 12" Mueller 83372 $892.68 TOTAL: $34,205.49 ;and, WHEREAS, City Council is of the opinion that the bid in the unit costs shown above for a total expenditure of$34,205.49 submitted by Ferguson Waterworks, Houston,Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid in the unit costs shown above for a total expenditure of $34,205.49 submitted by Ferguson Waterworks, Houston, Texas, for the purchase of Mueller® pipe tapping equipment for the Water Utilities Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - E City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: December 12, 2006 AGENDA MEMO DATE: December 5, 2006 REQUESTED ACTION: Council consider the purchase of help desk software for the Technology Services Department. RECOMMENDATION Administration recommends the purchase of Numara Track-It Enterprise Edition help desk software from SIR Government Solutions of Austin, Texas through the State of Texas Department of Information Resources (DIR) contract for $39,393.88. BACKGROUND The help desk software currently in use by the Technology Services Department was purchased approximately fourteen(14)years ago. All computer inventory records and help desk service tickets are manually entered into this text based application.Daily tasks involve several duplicate data entries which would be eliminated using a more modern Windows based help desk software system. The Numara Track-It Enterprise Edition application is an industry leading help desk software solution. The Inventory,Help Desk,Audit,Remote Control,and Patch Management modules would immediately offer improved asset management capabilities and enhanced end-user support. Using the new software, technicians would be able to diagnose computer problems, control and make repairs to the computer, as well as update software through the network. The Track-It! software would allow the Technology Services staff to operate more efficiently by accomplishing many tasks centrally without traveling to remote locations. The Numara Track-It Enterprise Edition is available from SIR Government Solutions of Austin, Texas through the State of Texas Department of Information Resources (DIR) contract for $39,393.88 as itemized below. The DIR is the State's information technology agency and they assist other state and local government agencies with the acquisition and management of information technology. The DIR offers negotiated contracts that take advantage of the state's aggregate buying power.Local governments may contact DIR contracted vendors directly to obtain contracted pricing. Purchase help desk software December 5, 2006 Page 2 Purchases from these contracts meet all statutory bidding requirements. Components of the Track-It Enterprise Edition software solution to be purchased at this time include: Description Qty Unit Price Total Price Numara Track-It Enterprise Edition Software 1 $3,310.75 $3,310.75 Technician Licenses 13 $467.50 $6,077.50 Audit Licenses 9 $510.00 $4,590.00 Remote Control Licenses 10 $765.00 $7,650.00 Patch Manager Licenses 5 $850.00 $4,250.00 Software Maintenance & Support, 1 year 1 $6,615.63 $6,615.63 Installation and 3-Day On-Site Training 1 $6,900.00 $6,900.00 TOTAL: $39,393.88 The Track-It Software Deployment module offered by Numara may be considered later based on future needs, but will not be purchased at this time. This module would allow technicians to load new software to remote computers through the network and has an estimated additional cost of $27,500. BUDGETARYIMPACT Funding for this expenditure of$39,393.88 is available in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Technology Services Director, and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of Numara Track-It Enterprise Edition help desk software in the amount of $39,393.88 as shown below from SHI Government Solutions, Austin, Texas, through the State of Texas Department of Information Resources (DIR) for the Technology Services Division: Description Qty Unit Price Total Price Numara Track-It Enterprise Edition Software 1 $3,310.75 $3,310.75 Technician Licenses 13 $467.50 $6,077.50 Audit Licenses 9 $510.00 $4,590.0 Remote Control Licenses 10 $765.00 $7,650.00 Patch Manager Licenses 5 $850.00 $4,250.0 Software Maintenance & Support, 1 year 1 $6,615.63 $6,615.63 Installation and 3-Da On-Site Training 1 $6,900.00 $6,900.0 TOTALI $39,393.8 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2006. - Mayor Guy N. Goodson - PRESENTATION FROM THE GREATER BEAUMONT CHAMBER OF COMMERCE November 22, 2006 Mr. Kyle Hayes City Manager City of Beaumont 801 Main Street, Suite 300 Beaumont, Texas 77704-3827 Dear Kyle: On behalf of the board of directors for the Greater Beaumont Chamber of Commerce and the Beaumont Economic Development Foundation, I am requesting your consideration of renewing our partnership and funding assistance from the City of Beaumont. We cordially request economic development funding in the amount of$75,000. Each year we leverage our public dollars with other funds to perform marketing, business recruitment and retention services, and a variety of activities to stimulate the short and long term growth of our area. Our accomplishments for 2005-2006 are summarized in the enclosed Annual Report. We are requesting an opportunity to make a presentation to City Council on December 12 to further elaborate on our programs of work and direction for the future. We very much appreciate your continued support and look forward to working with you in the future. Sincerely, Jim Rich, President U S we're in it together. ,. 0 BOX 3€50 BEAUMON T..TEXAS 77704 An Accredited Member of the United States Chamber of Commerce