HomeMy WebLinkAboutPACKET MAY 17 2016BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 17, 2016 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — May 10, 2016
* Confirmation of committee appointments
A) Authorize the City Manager to execute all documents necessary to accept funding from
the Texas Health and Human Services Commission for the Beaumont Public Health
Department
B) Approve a resolution rejecting bids for the 2016 Paving Improvements Project - Phase I
Asphalt Paving Rehabilitation, Bid No. PWOI 16-06 and the 2016 Paving Improvements
Project — Phase II Concrete Paving Improvements, Bid No. PW0116-07
C) Authorize the settlement of the subrogation claim of Enterprise Leasing
D) Approve a resolution stating the remedy, curing the burden, on the Faith and Fellowship
Bible Study group at the Beaumont Police Department
11
1
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: May 17, 2016
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary to accept funding from the
Texas Health and Human Services Commission in the
amount of $140,000 awarded to the Beaumont Public Health
Department.
BACKGROUND
The Texas Health and Human Services Commission has awarded the Beaumont Public Health
Department the Chronic Disease Health Disparities grant in the amount of $140,000. In
cooperation with the Office of Minority Health and Health Equity and the Center for Elimination
of Disproportionality and Disparities, this funding will assist the Beaumont Public Health
Department with planning and performing activities and services aimed at reducing the rate of
obesity among African American and Hispanic adults. This contract is effective on the date of
signature and will end on 07/31/2020.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents,
specifically an Interlocal Cooperation Contract, necessary to accept funding from the
Texas Health and Human Services Commission for the Chronic Disease Health
Disparities Grant in the amount of $140,000, effective upon execution through July 31,
2020, to assist the Beaumont Public Health Department with planning and performing
activities and services aimed at reducing the rate of obesity among African American
and Hispanic adults. The Interlocal Cooperation Contract is substantially in the form
attached hereto as Exhibit "A' and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
May, 2016.
- Mayor Becky Ames -
INTERLOCAL COOPERATION CONTRACT
BY AND BETWEEN THE
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
AND
THE CITY OF BEAUMONT
CONTRACT No.
THE HEALTH AND HUMAN SERVICES COMMISSION ("System Agency") and THE CITY OF
BEAUMONT ("Local Government"), each a "Parry" and collectively the "Parties," enter into the
following contract for services associated with the Department of Health and Human Services
State Partnership Initiative to Address Chronic Disease Health Disparities' grant ("Contract")
pursuant to the provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas
Government Code and the terms and conditions of the State Partnership Initiative to Address Chronic
Disease Health Disparities Notice of Award.
I. PARTIES
System Agency
Name: Texas Health and Human Services
Commission
Address: 6330 Hwy 290 East, Suite 350
City and Zip: Austin, Texas 78752
Contact Person: Rosanna Barrett
Telephone: 512-380-4318
Fax number: 512-380-4350
E -Mail Address: rosanna.barrett@ahhsc.state.tx.us
Agency Number: 529
H. STATEMENT OF SERVICES TO BE PROVIDED
Local Government
Name: City of Beaumont
Address: 801 Main
City and Zip: Beaumont, TX 77701
Contact Person: Sherry Ulmer, RN, Director
Telephone: 409-654-3603
Fax number: 409-832-4270
E -Mail Address:
sulmer@beaumonttexas.gov
Agency Number:
The Parties agree to provide the services and resources described in "Attachment A — Statement
of Work", which is attached hereto and incorporated herein by this reference. The Parties also
agree that the Local Government shall perform the activities identified in Attachment A to enable
the Local Government to achieve the Project objectives identified in Attachment "A-1 — Project
Objectives", which is attached hereto and incorporated herein by this reference. Additionally, the
Parties agree to perform all services in accordance with the terms and conditions, of the State
Partnership Initiative to Address Chronic Disease Health Disparities grant contained in Attachment
B, which is attached hereto and incorporated herein by this reference. Local Government shall
complete the requirements and Project Objectives contained in Attachments A and A-1 no later
than July 31, 2020.
Page 1 of 4
EXHIBIT "A"
III. CONTRACT PERIOD AND RENEWAL
The Contract is effective on the signature date of the latter of the Parties to sign the Contract and
terminates on July 31, 2020, unless sooner terminated by either Party with 30 days prior written
notice to the other Party. The System Agency, at its own discretion, together with the approval of
the Local Government may extend the term of this Contract to ensure compliance with the terms
and conditions of the State Partnership Initiative to Address Chronic Disease Health Disparities
grant contained in Attachment B.
IV. AMENDMENT
The Parties to this Contract may modify this contract only through the execution of a written
amendment signed by both parties.
V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES
The total amount of this Contract shall not exceed14$ 0,000 as described in "Attachment C —
Budget", which is attached hereto and incorporated herein by this reference. This Contract is
contingent upon the continued availability of funding. If funds become unavailable during the
term of this Contract, the System Agency may terminate this Contract without penalty.
This Contract shall be paid on a cost reimbursement basis in accordance with the following
financial limitations:
• Contract execution through July 31, 2016: the Local Government shall not invoice the
System Agency more than $20,000;
• August 1, 2016 through July 31, 2017: the Local Government shall not invoice the System
Agency more than $30,000;
• August 1, 2017 through July 31, 2018: the Local Government shall not invoice the System
Agency more than $30,000;
• August 1, 2018 through July 31, 2019: the Local Government shall not invoice the System
Agency more than $30,000; and
• August 1, 2019 through July 31, 2020: the Local Government shall not invoice the System
Agency more than $30,000.
Local Government shall submit invoices to the System Agency for the expenses incurred. Local
Government must submit invoices by the 15th of the month following the month in which the
expenses were incurred and services were provided. System Agency will pay for services received
from appropriation items or accounts of System Agency from which like expenditures would
normally be paid, based upon invoices submitted by Local Government for allowable expenses as
contained in Attachment C.
HHSC reserves the right, where allowed by legal authority, to redirect funds in the event of
financial shortfalls. HHSC will monitor Contractor's expenditures on a quarterly basis. If
expenditures are below that projected in Contractor's total contract amount, Contractor budget
may be subject to a decrease for the remainder of the Contract term.
Page 2 of 4
VI. LEGAL NOTICES
For Legal Notices under this Contract shall be deemed delivered when deposited either in
the United States mail, postage paid, certified, return receipt requested; or with a common
carrier, overnight, signature required, to the appropriate address below:
System Agency
Texas Health and Human Services Commission
4900 Lamar Blvd.
Austin, Texas 78751
Attention: HHSC Chief Counsel — Karen Ray
Local Government
City of Beaumont
801 Main
Beaumont, Texas 77701
Attention: Sherry Ulmer
Notice given in any other manner shall be deemed effective only if and when received by the
Parry to be notified. Either Parry may change its address for receiving legal notice by
notifying the other Party in writing.
VII. ADDITIONAL GRANT INFORMATION
Grant No.: 1 STTMP151120-01-00
Federal Award Date: 08/10/2015
Name of Federal Awarding Agency: Department of Health and Human Services
CFDA Number: 93.296
Grants Management Officer: Alice M. Bettencourt
Grants Management Specialist: Deborah Speight
Federal Project Officer: Victor Olano
VIII. CERTIFICATIONS
The undersigned contracting parties certify that:
(1) the services specified above are necessary and essential for activities that are properly
within the statutory functions and programs of the affected agencies of state
government;
(2) Each Party executing this Contract on its behalf has full power and authority to enter
into this Contract.
(3) the proposed arrangements serve the interest of efficient and economical
administration of state government; and
(4) the services contracted for are not required by Section 21, Article XVI of the
Constitution of Texas to be supplied under a contract awarded to the lowest
responsible bidder.
Page 3 of 4
The System Agency further certifies that it has statutory authority to contract for the services
described in this contract under chapters 531 and 771, Texas Government Code.
The Local Government further certifies that it has statutory authority to contract for the services
described in this contract under Chapter 791 Texas Government Code.
SYSTEM AGENCY
Signature
Rolando Garza
Printed Name
Deputy Executive Commissioner
Title
Date
LOCAL GOVERNMENT
Signature
Kyle Hayes
Printed Name
City Manager
Title
Date
TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THE STATE PARTNERSHIP INITIATIVE
TO ADDRESS CHRONIC DISEASE HEALTH DISPARITIES NOTICE OF AWARD, THE FOLLOWING
ATTACHMENTS ARE ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE:
ATTACHMENT A — STATEMENT OF WORK
ATTACHMENT A-1— PROJECT OBJECTIVES
ATTACHMENT B — SPECIAL CONDITIONS
ATTACHMENT C — BUDGET AND JUSTIFICATION
ATTACHMENT D — UNIFORM TERMS AND CONDITIONS
ATTACHMENT E — NON-EXCLuswE LIST OF APPLICABLE FEDERAL LAWS
ATTACHMENT F — ASSURANCES - NON -CONSTRUCTION PROGRAMS
ATTACHMENT G — LIST OF CERTIFICATIONS
Page 4 of 4
1* TEXAS
krHealth and Human
Services Commission Community-Based Implementation Plan
State Partnership Initiative to Address Health Disparities
Office or,1rnonlyItedthandIkilthEquity Grant Number: STTMP151120-01-00
Section I.
ATTACHMENT A -- STATEMENT OF WORK
The Office of Minority Health and Health Equity (OMHHE) within the Health and Human
Services Commission (System Agency), Center for Elimination of Disproportionality and
Disparities enter into this Contract with the City Health Department (Local Government) in the
targeted area of the state of Texas identified as having high prevalence of obesity, diabetes, and
hypertension to implement the State Partnership Initiative to Address Chronic Disease Health
Disparities through use of evidence -based and promising practices (Project). This community-
based Project is aimed at reducing the rate of obesity among African American and Hispanic
adults (age 20+) within the county of interest by 5% to meet the Healthy People 2020 goal of
30.5%. The Local Government will implement the community-based component of the Project
with guidance and support from OMHHE project staff.
Parties Responsibilities:
During the contracted period the Local Government shall:
1. Designate an existing staff member or team responsible for conducting and/or
coordinating the Project. Assign one person to serve as main programmatic point of
contact for HHSC;
2. Mobilize, support, and foster community -clinical linkages through community screenings
for BMI, diabetes, and hypertension, via community engagement and collaboration with
local partners. This includes:
• Coordinating with community partners to conduct community wellness events
that provide screening for BMI, diabetes, and hypertension and connect
community members with public and private health providers;
• Ensuring that preventive health screenings, disease intervention, and management
are conducted by certified health providers in the local community. Local
Government will not conduct the screenings directly unless the organization has
the authority and capacity to conduct the screenings.
• Ensuring and documenting that community members that receive screening
services are referred to local health and healthcare services for follow-up if
needed. Links to supporting social services is also encouraged;
3. Enhance and promote city health department Facebook page, or other locally based social
media platform, to inform community members of local resources, upcoming wellness
events, and educational health information related to obesity, diabetes, or hypertension;
4. Assist System Agency evaluation staff and Texas A&M International University, System
Agency's contracted external evaluator, in coordination of Project evaluation activities as
needed;
Page 1 of 6
1* TEXAS
Healthaw Human
bfifServices Community-Based Implementation Plan
State Partnership Initiative to Address Health Disparities
Office of.ArnwityIrrafthandIreauhEquigy Grant Number: STTMP151120-01-00
5. Promote efforts to increase knowledge and awareness of health disparities and health
status of local community, to increase cultural responsiveness of local service providers
receiving referred Project participants, and to incorporate culturally and linguistically
appropriate healthy lifestyle educational resources into local community; and
6. Establish and maintain multi -sector and multi-level partnerships to improve health
outcomes, address health disparities, and reduce barriers to health access. Encourage
improvement of public health, healthcare, and social services through local partnership
networks of stakeholders at the system and community levels.
During the term of the contracted period the System Agency shall:
1. Provide Monthly Community Project Progress Report template within 15 days of the
executed Contract to use in completion of Local Government reporting protocol;
2. Provide Annual Community Project Report template to Local Government 60 days
before due date to use in completion of Local Government reporting protocol;
3. Provide End of Contract Report template to Local Government by June 1, 2020 to use in
completion of Local Government reporting protocol;
4. Approve educational health information for enhancement of Local Government Facebook
within 15 days of receipt;
5. Provide promotional materials for the National Standards for Culturally and
Linguistically Appropriate Services (CLAS) and the Office of Minority Health and
Health Equity (OMHHE) online CLAS course, Advancing Health Equity in Texas
through Culturally Responsive Care within 15 days of the executed Contract for use in
quarterly promotional activities;
6. Provide System Agency content and resources related to healthy lifestyle education,
obesity reduction initiatives, and diabetes and hypertension educational and management
information within 15 days of the executed contract for use in quarterly promotional
activities; and
7. Provide current Health Disparities Profile within 15 days of the executed Contract for use
in quarterly promotional activities. Updated Health Disparities Profiles to be provided to
Local Government within 15 days of completed update.
SECTION H. PERFORMANCE MEASURES
The following performance measures will be used to assess, in part, Local Government's
effectiveness in providing the Services described in this Contract, without waiving the
enforceability of any of the other terms of the contract:
Page 2 of 6
TEXAS
Rabb and Human
Services Commission
office of Ninwily Health and Hcalth fquily
Start Up Activities
Community -Based Implementation Plan
State Partnership Initiative to Address Health Disparities
Grant Number: STTMP 151120-01-00
• Submit to System Agency within 30 days of executed Contract, a work plan that spans
the entire Contract period, detailing outcome objectives, activities to achieve objectives,
timelines, measures (process and/or outcome), responsible party(ies), and partners (if
required) for implementing and meeting Contract deliverables.
• Submit to System Agency within 30 days of executed Contract, an evaluation plan
detailing how activities will be assessed/monitored during the term of the Contract based
on the Monthly Community Project Progress Report template provided by the System
Agency.
Contract Activities
• Coordinate with community partners, community wellness events that provide screening
for BMI, diabetes, and hypertension and connect community members with public and
private health providers. Refer to table below for number of events required for each
contract year.
Operational
Year
Start Date
End Date
Minimum Event
Requirement
1
Contract execution date by
both Parties
July 31, 2016
At least 1
2
Au ust 1, 2016
July 31, 2017
At least 4
3
1 August 1, 2017
July 31, 2018
At least 4
4
August 1, 2018
July 31, 2019
At least 4
5
August 1, 2019
July 31, 2020
At least 3
Options for Community Wellness Event Activities:
o Recruit local provider(s) to provide culturally specific group exercise
opportunities/demonstrations such as Zumba, Jazzercise, or other culturally
appropriate forms of exercise.
o Recruit local provider(s) to provide culturally appropriate food demonstrations
(using plastic food models or donated food only) to show recommended portion
sizes and healthy meal options.
o Recruit local health educators or community health workers with knowledge on
obesity, diabetes and/or hypertension to provide opportunities for community
members to meet with them.
• At community wellness events provide/coordinate BMI, diabetes, and/or hypertension
screenings for African American and Hispanic adults (20+ years). Refer to table below
for number of events required for each contract year.
Page 3 of 6
;1W*TEXAS
HcahhC Human
ServicessCommission
Office of Sfinoril y f leillh .md health fgwfry
Community -Based Implementation Plan
State Partnership Initiative to Address Health Disparities
Grant Number: STTMP151120-01-00
Operational
Year
Start Date
End Date
Minimum Screening
Requirement
1
Contract execution date by
both Parties
July 31, 2016
At least 50
2
August 1, 2016
July 31, 2017
At least 265
3
August 1, 2017
July 31, 2018
At least 265
4
August 1, 2018
July 31, 2019
At least 265
5
August 1, 2019
July 31, 2020
At least 155
• Link Project participants of community wellness events to public health, healthcare, and
social services as needed. Provide documentation that the community members who
tested positive for obesity, diabetes, and/or hypertension received onsite referral to local
services. Report actions taken in Monthly Community Project Progress Reports.
• Conduct and document follow up with project participants who received referral services
at community wellness events through Local Government conducted follow up calls or
other standard follow up procedures to identify obtainment of services. Report results in
Monthly Community Project Progress Reports.
• Enhance and promote city health department Facebook page, or other locally based social
media platform, to inform community members of local resources, upcoming wellness
events, and educational health information related to obesity, diabetes, or hypertension
reduction and management. Enhancement content must be approved by System Agency
prior to posting by Local Government.
o In Monthly Community Project Progress Report, provide documentation of at
least two (2) local health, clinical and/social services resource or health education
social media posts per month and at least one (1) promotional activity per month
that was made available to Project participants.
Options for Local Social Media Enhancement:
o Fliers for community wellness events promoting preventive screening and disease
management
o Local healthy eating and active living opportunities: exercise classes, cooking
classes, walking trails, parks, or farmers markets
o Recipes that are culturally appropriate, budget friendly, and healthy
o Recipes that are specific to chronic disease prevention and management and
weight loss
o Culturally appropriate healthy options that take into account social determinants
of health (e.g., socioeconomic status and availability of neighborhood amenities)
o Mental wellness support resources to address the challenges of losing weight and
navigating daily life stressors
o Reminders such as water intake, annual wellness checks, and chronic disease
screenings
Options for Local Promotion of Social Media Resource:
o Distribute health prevention and resource materials at local health offices and
Page 4 of 6
1' TEXAS
HeahSeServictvic s Human
es C Commission Community-Based Implementation Plan
State Partnership Initiative to Address Health Disparities
Office of,u;,a,ily I reareh and I ieahh [quity Grant Number: STTW 151120-01-00
clinics, community wellness events, or community, staff, or stakeholder meetings
regularly attended by Local Government
o Distribute health -promoting lifestyle and culturally appropriate Facebook ads to
target users in local geographic area
o Conduct promotional activities at community wellness events (e.g. ask
participants to "like" the local health department Facebook page or "check in" at
the local health department. Nominal incentives may be provided to draw visitors
to the Facebook page to enter in drawing for an HEB gift card)
Quarterly promotion of Office of Minority Health and Health Equity's (OMHHE) online
course Advancing Health Equity in Texas through Culturally Responsive Care and
materials that promote the adoption of the National Standards for Culturally and
Linguistically ppropriate Services (CLAS) . Promotional materials to be provided by
System Agency. Provide documentation of promotional activities in Monthly Community
Project Progress Reports.
• Quarterly promotion of System Agency resources related to healthy lifestyle education,
obesity reduction initiatives, and diabetes and hypertension educational and management
information. Content and materials related to the promotion of these resources to be
provided by System Agency. Provide documentation of promotional activities in Monthly
Community Project Progress Reports.
Quarterly promotion of project Health Disparities Profile, as developed by OMHHE, to
increase knowledge and awareness of health disparities and health status for target
communities. System Agency has developed and will continually update Health
Disparities Profiles for each target community identifying disparities related to obesity,
diabetes, and hypertension to be disseminated at the state level and through Local
Government promotional activities. Options for promotion include local health offices
and clinics, community wellness events, meetings regularly attended by Local
Government, Facebook page, and stakeholder list -serves.
• Assist System Agency evaluation staff and Texas A&M International University in
coordination of Project evaluation activities.
• Establish and maintain multi -sector and multi-level partnerships to improve health
outcomes, address health disparities, and reduce barriers to health access. Encourage
improvement of public health, healthcare, and social services through local partnership
networks of stakeholders at the system and community levels. List partnering entities and
focus of partnership in Monthly Community Project Progress Reports.
Local Government Reporting Protocol
• Local Government is required to provide Project annual financial reports during the term
of the ILC. Reports are due 30 days after the end of each Contract year. Reports are
required regardless of whether or not expenses are incurred. Local Government financial
template must include the reporting of all expenses according to the categories below
(include subcategories as needed)
Page 5 of 6
TEXAS
Heallhand Humin
Services Commission
Office of Minorily llealfh and lleahh [quiff•
Personnel Fringe Benefits
Equipment
Supplies
Contractual
Other
Total Direct
Total Indirect Charges
TOTAL
Community -Based Implementation Plan
State Partnership Initiative to Address Health Disparities
Grant Number: STTMP151120-01-00
• Submit a monthly report of Local Government's activities using the Monthly Community
Project Progress Report template by the 15th of the following month. There may be
adjustments to monthly reporting requirements if there are changes in federal reporting
requirements. The monthly report may be disseminated to System Agency internal and
external partners, as well as the funding agent.
• Submit annual report of Local Government's activities using the Annual Community
Project Report template by the last day of the following month. There may be
adjustments to monthly reporting requirements if there are changes in federal reporting
requirements. The monthly report may be disseminated to System Agency internal and
external partners, as well as the funding agent.
• Submit an End of Contract Term Report of Local Government's activities using System
Agency -developed End of Contract Term Report template by September 31, 2020. The
End of Contract Term Report may be disseminated to System Agency internal and
external partners, as well as the funding agent.
Page 6 of 6
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director 11 1
MEETING DATE: May 17, 2016
REQUESTED ACTION: Council consider a resolution rejecting bids for the 2016 Paving
Improvements Project - Phase I Asphalt Paving Rehabilitation, Bid
No. PW0116-06 and the 2016 Paving Improvements Project —
Phase II Concrete Paving Improvements, Bid No. PW0116-07.
BACKGROUND
On March 3, 2016, at 2:00 P.M., in City Council Chambers, bids were received for the 2016
Paving Improvements Project — Phase I Asphalt Paving Rehabilitation and the 2016 Paving
Improvements Project —Phase II Concrete Paving Improvements, Bid No. PW0116-07. After
review of the submitted bids it has been determined the apparent lowest bid is over the budgeted
amount for the project. Additionally, if either Phase I or Phase II of these projects is completed
at this time, the 2016 Street Rehabilitation Budget would be exhausted.
It is recommended by the City of Beaumont Public Works / Engineering Division to reject these
bids, that possible modifications be made to the construction documents, and the projects be
rebid at a later date. Furthermore, Management recommends that the balance of the 2016 Street
Rehabilitation Budget be spent on multiple, smaller projects. A copy of the bid tabulation is
attached for review.
FUNDING SOURCE
Capital Program — Street Rehabilitation Program.
RECOMMENDATION
Approval of resolution.
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BID TABULATION
2016 Paving Improvements Project Phase I - Asphalt Paving Rehabilitation
BID OPENING DATE: Thursday, March 3, 2016
The Bid Proposals submitted have been reviewed and
=to the best of my knowledge this is an accurate tabulation of the bids received.
By: Jjfhn Peterson. PE, Project Manager Date: 3!9!16
ITEM NO.
ITEM CODE
QUANTITY
UNIT
DESCRIPTION
ALLCO
BEAUMONT, TX
T.W. HARRISON
APAC
BEAUMONT, TX
SCOTT BLANCHARD
Excavation & Const., LLC
NEDERLAND, TX
DELBERT MIRES
10D
2002
52.2
STA
Preparing ROW
UNIT PRICE
S 1,100.00
TOTAL
S 57,420.00
UNIT PRICE
S
TOTAL
UNIT PRICE
TOTAL
104
2017
250
SY
Removing Conc (Driveways)
S 30.20
S 7,550.00
950.00
S 20.00
S 49,590.00
S 5,000.00
S 850,00
S
$ 44,370,00
11D
2001
400
CY
Excavation (Roadway)
$ 26.00
S 10,400.00
S 22.00
$ 8.800.00
7.15
$ 14,25
S 1,787.50
$ 5,700.00
132
2001
1,600
CY
Embankment (Final) (Ord Comp) (Ty A)
S 31,00
S 49,600.00
S 36.00
$ 57.600.00
S 66.00
S 105,600.00
162
2002
450
SY
Block Sodding
$ 6.50
S 2,925.00
S 5.15
$ 2.317.50
S 6.DO
S 2,700.00
164
2001
2,475
SY
Broadcast Seed (Perm) (Rural) (Sandy)
S 1.00
S 2,475.00
S 0.52
$ 1.287.00
S 0.60
.
S 1,485.00
166
2001
0.6
AC
Fertilizer
S 18,500.00
S 11,100.00
S 510.00
S 306.00
S 530.00
$ 318.00
168
2001
75
MG
Vegetative Watering
$ 195.00
$ 14,625.00
S 22.00
$ 1,650.00
$ 27.00
$ 2,025.00
275
2001
75
TON
Cement for Base Course (7.51h by Weight)
$ 165.00
S 12,375.00
S 241.00
$ 18,075.00
S 280.00
S 21,000.00
310
2001
1.000
GAL
Prime Coat (MC -30) (0.35 GaVSY)
S 10.05
$ 10,050.00
$ 7.00
$ 7,000.00
S 9.00
$ 9,000.00
340
2001
1.050
TON
2' TY D Asph Conc Base Course
$ 110.00
$ 115,500.00
$ 150.00
$ 157,500.00
$ 200.00
S 210,000.00
340
2002
550
TON
1"TY F Asph Cone Base Course
$ 125.00
S 68.750.00
$ 175.00
S 96,250.00
S 275.00
,
S 151,250.00 j
351
2000
1.700
SY
Asphalt point repair on Sixth Street and Dorothy
Avenue per Typical Sections in Plans, including
Removal and Disposal of Existing Asphalt
pavement and base material, crushed stabilized
limestone base. 2" TY D Asph. Conc. Base
course and 1" Ty F Asph. Conc. Surface course,
complete in place, the sum of:
$ 150.00
$ 255,000.00
$ 185,00
$ 314,500,00
S 215.00
S 365,500.00
354
2021
6,600
SY
Mill Asph Cone Pav (t" to 3")
$ 7.50
S 49,500.00
S 5.40
S 35,640.00
S 10.00
S 66.000.00
361
2001
500
SY
Full depth concrete point repair on Long Street,
including full depth sawcut. removal and disposal
of existing concrete pavement and base material,
12" cement stabilized sand, reinforcement.
pavement undercuts and 8" concrete pavement,
complete in place, the sum of:
$ 180.00
S 90,000.00
S 346.00
$ 173,000.00
S 350.00
S 175.000.00
400
2005
675
CY
Cem Stabil Bkt1
S 66.00
$ 44.550.00
S 41.00
$ 27,675.00
$ 43.00
S 29,025.00
400
2006
1.355
SY
Utility trench repair on Long Street per detail in
plans, ncluding full depth sawcut, removal and
disposal of existing concrete pavement and base
material, 12" cement stabilized sand,
reinforcement, pavement undercuts and 8"
concrete pavement, complete in place, the sum
of:
5 160.00
$ 243,900.00
$ 350.00
S 474,250.00
5 325.00
S 440,375.00
402
2001
425
LF
Trench Excavation Protection
$ 2.00
S 850.00
$ 1.05
S 446.25
S 1.05
S 446.25
465
2012
22
EA
inlet (Compl) (Ty A)
S 3,300.00
$ 72,600.DO
$ 3,850.00
S 84,700.00
S 3,850.00
S 84,700.00
465
4002
2
EA
Manh (Compl) (PRM) (60in)
S 5,050.00
$ 10,100,00
$ 4,100.00
$ 8,200.00
S 4,100.00
S 8,200.D0
479
2000
13
EA
Adjusting Storm & Sanitary Manholes
$ 118.00
S 1,534.00
$ 355.00
S 4,61500
$ 355.00
S 4.615.00
496
2D07A
675
LF
Remov Str (Pipe) (15 in)
S 20.00
S 13,500.00
S 6.10
S 4,117,50
S 6.50
S 4,387.50
496
2DO7B
235
LF
Remov Str (Pipe) (18 in)
S 26.00
S 6,110.00
$ 6.10
$ 1,433.50
S 7.25
S 1,703.75
500
2001
1
LS
Mobilization
S 120.985.00
$ 120,985.00
$ 175,000.00
S 175,000.00
S 158,965.56
S 158,965.56
502
2001
6
MON
Barricades. Signs, and Traffic Handling
$ 10,250.00
$ 61.500.00
S 3,500.00
S 21,000.00
$ 4,500.00
S 27,000.00
529
2002
500
LF
Remove and Replace 6" Concrete Curb for
Concrete Point Repair, complete in place, the
sum of:
S 20.00
$ 10,000.00 1
$ 60.00 1
$ 30,000.00 IS
70.00
S 35,000.DO
BID TABULATION
2016 Paving Improvements Project Phase I - Asphalt Paving Rehabilitation
BID OPENING DATE: Thursday, March 3, 2016
Page 2 of 2
ALLCO
APAC
Excavators & Const, LLC
ITEM NO.
ITEM CODE
QUANTITY
UNIT
DESCRIPTION
BEAUMONT,
TX
BEAUMONT,
TX
NEDERLAND, TX
T.W. HARRISON
SCOTT BLANCHARD
DELBERT MIRES
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
530
2010
250
SY
Driveways (Cone)
$ 61.00
$
15.250.00
$ 120.00
$
30.000.00
$ 99.58
$
24,895.00
712
2001
1,000
LF
Cleaning and sealing joints and cracks. complete
in place, the sum of:
S 5.50
$
5500.00
$ 5.10
$
5,100.00
$ 4.00
S
4,000.00
1122
2076
235
SY
Construction Exits (install) (Ty 1)
$ 18.00
$
4,230.00
$ 28.00
S
6,580.00
$ 29.02
S
6,819.70
1122
2019
235
SY
Construction Exits (Remove)
$ 5.00
$
1,175.00
S 7.50
S
1,762.50
$ 8.25
S
1.938.75
1122
2037
2,670
LF
Temp Sedmt Cont Fence (Install)
$ 3.00
S
8,010.00
$ 3.10
S
8,277.OD
S 4.10
S
10,947.00
1122
2047
375
LF
Biodeg Erosn Cont Logs (lost) (8")
$ 8.00
$
3,000.00
$ 5.10
S
1,912.50
S 5.82
S
2,182.50
1122
2056
375
LF
Biodeg Erosn Cont Logs (Remove)
S 2.00
S
750.00
S 1.05
$
393.75
S 1.00
S
375.00
1122
2057
2,670
LF
Temp Sedmt Cont Fence (Remove)
$ 0.50
$
1,335.00
$ 0.55
$
1,468.50
$ 1.50
S
4,005.00
5969
2002
350
LF
Water line adjustment. 6' PVC. in accordance
with City of Beaumont Water Utilities Department
Standard Specifications, including wet
connections & cut. plug. and dispose of existing
water line, complete in place the sum of:
$ 185.00
$
64,750.00
$ 225.00
S
78,750.00
$ 210.00
S
73.500.00
SS
1535A
44
Fly
Ciearence prune trees per the Tree Protection
Plans, complete in place, the sun of:
$ 525.00
S
23,100.00
S 610.00
S
26,840.00
S 700.00
S
30,800.00
SS
15358
1.720
LF
Tree Protection Fence per the Tree Protection
11,180.00
S 2.80
S
4,816.00
S 3.00
S
5,160.00
Plans, complete in place, the sum of:
S 6.50
$
SS
1535C
250
LF
Root Pruning Trench per the Tree Protection
Plans, complete in place, the sun of:
$ 21.00
S
5,250.00
S 51.00
S
12.750.00
S 52.00
S
13,000.00
SS
2619A
993
LF
Thermoplastic Pipe (18")(HDPE)
$ 28.00
S
27,804.00
S 64.00
S
63,552.00
S 65-00
S
64,545.00
SS
2619B
333
LF
Thermoplastic Pipe (24")(HDPE)
S 38.00
$
12.654.00
S 67.00
S
22.311.00
S 69.00
S
22.977.00
SS
2234
2,850
SY
Recycled Cement Stabilized Base Course (81
$ 12.00
S
34,200.00
S 10.00
S
28.500.00
S 12.00
S
34,200.00
$1,561.087.03
$2,052,966.00
$2,255,498.51
TOTAL
Yes
Yes
Yes
Acknowledge Addenda 1
Yes
Yes
Yes
Acknowledge Addenda 2
Yes
Yes
Yes
Bid Summary
Yes
Yes
Yes
Bid Bond
Yes
Yes
Yes
Corporate Resolution
Yes
Yes
Yes
Information Required of Bidder
Yes
Yes
Yes
Provision on Conflict of Interest
Yes
Yes
Yes
Conflict of Interest Questionnaire
Yes
Yes
Yes
Schedule C (MBE Participation)
Yes
Yes
Yes
insurance Verification Affidavit
Yes
Yes
Yes
Mobilization Not to Exceed 10%
of Bid
Yes
Yes
Yes
Electronic Copy Enclosed with Bid
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BID TABULATION
2016 Paving Improwmants Project Phase It - Concrete Paving knprove"nis
SD OPENING DATE: Thursday. March 3, 2016
Pape 2 of 2
REM NO,
ITEM CODE
QUANTITY
UNIT
OMR077MN
RACEHORSE
LUMBERTON. 7X
THOMAS WYNNE
ALLCO
BEAUMONT, TX
T.W. HARRWIN
MK Comtructors
Virkm TX
KENNETNSTEWART
Exuvauon d Corm., LLC
NEDERLAND, TX
DELBERT MIRES
APAC
BEAUMONT, TX
SCOTT BLANCHARD
529
2007
35
Yes
Yes
UNIT PRICE
TOTAL
UNIT PRICE TOTAL
UNIT PRICE TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
yes
Corporate Resolution
Yes
LF
Coni Curb (Dowel)
$ 2.00
S 70.00
S 26.00 S 91000
S 10.00 $ 350.00
S 4.00
S 140.00
$ 46.00
5 1,610.00
530
2010
600
SY
Driveways (Coni)
5 27.00
S 16,200.00
S 60.00 $ 36.00090
S 50.00 $ 30,000.00
5 74.00
$ 44 400.00
S 84.02
S 50Al2OD
531
2010
14
EA
Curb Ramps (Ty 7)
S 300.00
$ 4,200.00
S 1.585.00 $ 22,190.00
S 2.200.00 S 30,800.00
$ 1,300.00
S 16200.00
S 1,662.00
S 23.266.00
531
2015
330
SY
Coni Sidewalks (4-)
S 3.00
S 990.00
$ 54.00 S 17,620.00
S 50.00 $ 16,500.00
S 44.00
S 14,520.00
5 96.00
S 31,680.00
666
2036
130
LF
Reil Pav Mrk Ty I (W) 8' (SLD) (1 WMIL)
S 6.00
$ 780.00
$ 3.20 S 416.00
S 4.00 $ 520.00
$ 130.00
$ 16,900.00
S 330
$ 429.00
666
2042
215
LF
Re8 Pau Mrk Ty I (W)12- (SLD) (100MIL)
S 10.00
S 2.150.00
S 6.40 S 1,376.00
S 7.00 S 1,505.00
S 6.00
S 1.290.00
$ 6.50
S 1,397.50
666
2OS4
2
EA
Rell Pav Mrk Ty I(W)(Arrow) It ODMIL)
S 280.00
S 520.00
S 365.00 $ 730.00
S 402.00 S 804.00
S 350.00
S 700.00
S 3W.00
S 720.00
666
2105
245
LF
Reil Pau Mrk Ty I (Y) 4' (BRK) (100MIL)
S 3.00
S 735.00
S 1.60 S 392.00
$ 2.00 5 490.00
$ 1.50
$ 367.50
S 1.65
S 404,26
666
2111
1,280
LF
Res Pay Mrk Ty I (y) 4' (SLD) (1 DOMk)
S 2.00
S 2.560.00
$ 0.90 S 1,152.00
$ 1.00 5 1.280.00
S 0.80
S 1,024.00
S 0.85
$ 1.088.00
712
2001
1,300
LF
Ckwrceg and Seeing Joints and Cracks
S 4.50
$ 5,850.00
S 5.50 $ 7.150.00
S 5.00 $ 6.500.00
S 4.00
S 5,200.00
S 5.50
S 7,150.0D
1122
2016
240
SY
Construction Exits (Install) (Ty 1)
$ 15.00
$ 3,600.00
5 18.00 $ 4320.00
S 35.00 S 8.400.00
S 8.Do
S 1,920.00
5 30.25
S 7,260.00
1122
2019
240
SY
Construction Exits (Remwe)
$ 15.00
$ 3,600.00
S 5.00 S 1,200.00
$ 11.00 5 2,660.00
S 4.00
S 960.00
$ 8.00
5 1,920.00
1122
2047
480
LF
8iodeg Erosn Cont Logs (Instal) (8')
$ 20.00
$ 9,600.00
S 7.00 5 3,300.00
S 15.00 $ 7,200.00
S 5.50
$ 2,640.00
$ &DO
S 2,880.00
1122
2058
480
LF
Slodeg Erosn Cont Lop(Rerni")
$ 10.00
S 4,W0.00
S 2.00 5 960.00
$ 2.00 S 9W.00
S 2.50
S 1,200.00
S 1.10
S 528.00
5969
2002
80
LF
6* PVC.in accordarce
Wet dineity
$ 45.00
S 2,250.00
$ 125.00 $ 6.250.00
S 230.00 S 11,500 .00
S 220.00
S 11,0 00.00
S 235.00
5
Beaonent ater as'
withStandard
17750.00
SpedBratiom including wet
connections 8 art, plug. and dispose of existing
water One, complete in place the sum of:
Clearance prune trass per the Tree Protection
SS
1535A
25
FA
Plans, complete in piece, the sum of:
$ 220.00
$ 5,500.00
S 525.00 5 13.125.00
S 130.00 5 3.250.00
S 900DO
S 22,500.00
S 1,100.00
S 27,580.00
Tree Protection Fence per the Tree Protection
SS
55356
2.600
LF
Plans, complate in place, the sum of:
$ 8.00
S 24800.00
$ 6.50 $ 16.900.OD
S 3.00 5 7.800.00
S 5.72
S 14,872.00
S 3.00
S 7.800.00
Root Pruning Trench per One Tree Protection
SS
1535C
250
LF
Plans, complete in place, the sum of:
$ 20.00
5 5,000.00
$ 21.00 S $250.00
S 10.00 S 2.500.00
S 9.02
S 2.255.00
5 55.00
S 11750.00
Zero curb cutback per we Tree Protection Plans,
SS
1535D
100
LF
complete in place, the sum of:
S 120.00
S 12.000.00
S 32.00 S 3.200.00
S 12.00 $ 1,200.00
S 125.00
S 12,500.00
S 3.00
5 300.00
Checkerplate Sidewalk Construction per the Trae
SS
1535E
100
LF
Prialw" Pians. complete In place, the sum of:
S 6.00
S 600.00
S 32.00 S 3200.00
$ 160.00 S 18,000.00
S 100.00
S 10.000.00
S 5.50
S 550.00
TOTAL
$l,4T8.48Z00
1.498.910.
t. ,806.00
1.635.587.90
Represents Error Corrected by Enga r
Acknowledge Addenda 1
Rc (Incorrort B:d Schedule Sub -clod)
Yes
Yes
Yes
Yes
Acknowledge Addenda 2
Yes
Yes
Yes
Yes
Yes
Bid Summary
Yes
Yes
Yes
Yes
yes
EW Bond
Yes
Yes
Yes
Yes
yes
Corporate Resolution
Yes
Yes
Yes
Yes
yes
Information Required of bidder
Yes
Yes
Yes
Yes
Yes
Provision on Conflict of Interest
Yes
Yes
Yes
Yes
Yes
Confficl of Interest Questionnaire
Yes (Nat Signud)
Yes
Yes
Yes
Yes
Schedule C (MBE Participation)
Yes (Not Signed)
Yes
ilo
Yes
Yes
Insurance Verifieatton Affidavit
yes (Not Signed)
Yes
Yes
Yes
yes
Mobilization Not to Exerted 10% of Bid
Yes
Yes
Yes
Yes
Yes
Etectronic Copy Enclosed with Bid
No
I Yes
I Yes
I Yes
Yes
RESOLUTION NO.
WHEREAS, on March 3, 2016, three (3) bids were received for the 2016 Paving
Improvements - Phase I Asphalt Paving Rehabilitation Project; and,
WHEREAS, on March 3, 2016, five (5) bids were received for the 2016 Paving
Improvements - Phase II Concrete Paving Improvements Project; and,
WHEREAS, all bids exceeded the budgeted combined estimated construction
cost of $1,681,119 for both projects; and,
WHEREAS, it is the recommendation of City of Beaumont Public
Works/Engineering Division that possible modifications be made to the construction
documents and the projects be rebid at a later date; and,
WHEREAS, the City Council finds it is not in the public interest to accept the bids
for the 2016 Paving Improvements— Phase I Asphalt Paving Rehabilitation Project and
the 2016 Paving Improvements - Phase II Concrete Paving Improvements Project and
that each should be rejected;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council does hereby reject the bids for the 2016 Paving
Improvements - Phase I Asphalt Paving Rehabilitation Project; and,
BE IT FURTHER RESOLVED THAT the City Council does hereby reject the bids
for the 2016 Paving Improvements - Phase II Concrete Paving Improvements Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
May, 2016.
- Mayor Becky Ames -
c
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: May 17, 2016
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
subrogation claim of Enterprise Leasing.
BACKGROUND
This matter was presented and discussed in Executive Session held on May 10, 2016. The City
Attorney is requesting authority to settle this subrogation claim in the amount of $16,988.73.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the subrogation claim of Enterprise Leasing has been discussed in
an Executive Session properly called and held Tuesday, May 10, 2016, and,
WHEREAS, the City Attorney is requesting authority to settle this claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Attorney be and he is hereby authorized to settle the subrogation
claim of Enterprise Leasing the amount of Sixteen Thousand Nine Hundred Eighty -Eight
and 73/100 Dollars ($16,988.73); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the subrogation claim.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
May, 2016.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: May 17, 2016
REQUESTED ACTION: Council consider a resolution stating the remedy, curing the
burden, on the Faith and Fellowship Bible Study group at the
Beaumont Police Department.
BACKGROUND
This matter was presented and discussed in an Executive Session held on May 10, 2016.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on or about December 18, 2015, the City of Beaumont received
notice under the Texas Religious Freedom Restoration Act (TRFRA), Tex. Civ. Prac. &
Rem. Code, Section 110.001, et seq., of an alleged violation; and,
WHEREAS, Sergeant Burt Moore, Officer Tony Harding, Sergeant Barry
Scarborough, and Detective Anthony Goudeau, as representatives of the Faith and
Fellowship Bible Study group, alleged that their free exercise of religion was being
substantially burdened by not allowing the holding of voluntary bible studies at the
Beaumont Police Department; and,
WHEREAS, by letter dated January 4, 2016, the City of Beaumont remedied the
substantial burden by indicating to the officers that they could continue their bible
studies in the manner they had in the past on their lunch hours or other break times in
any available break room or conference room; and,
WHEREAS, on or about May 3, 2016, the City of Beaumont received another
notice that an individual Council member allegedly approached an officer instructing him
to stop using the internal email system for notices of their bible studies; and,
WHEREAS, the action of a single Council member acting alone is not an
exercise of governmental authority binding the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT in order to clarify the remedy extended as a cure pursuant to Tex. Civ. Prac. &
Rem. Code, Section 110.006(e), it is stated as follows:
THAT the statements and findings set out in the preamble to this Resolution are
hereby, in all things, approved and adopted; and,
THAT the Faith and Fellowship Bible Study be and it is hereby extended the
ability to continue their bible study in the manner they had in the past on their lunch
hours or other break times in any available break room or conference room; and,
BE IT FURTHER RESOLVED THAT they are also allowed to access the internal
email system of the Beaumont Police Department to provide notice of the bible studies.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
May, 2016.
- Mayor Becky Ames -
BEAUMONT
T E X A S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 17, 2016 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to enter into an agreement with The Striesfeld
Group, LLC for the management and operation of the Beaumont Tennis Center
2. Consider a resolution approving the award of a contract to Wow Food Concepts of
Beaumont to provide concession and alcohol services
3. Consider an ordinance authorizing the suspension of the effective date of CenterPoint
Energy's proposed rate increase until July 14, 2016
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
11
May 17, 2016
Consider authorizing the City Manager to enter into an agreement with The Striesfeld Group,
LLC for the management and operation of the Beaumont Tennis Center
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 17, 2016
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter
into an agreement with The Striesfeld Group, LLC for the
management and operation of the Beaumont Tennis Center.
BACKGROUND
Requests for proposal (RFP) for the management and operation of the tennis center were solicited
from seventeen (17) vendors with one (1) response being received. The RFP sought a contractor
to fully manage, staff, supervise and conduct the administration and operation of the facility
including offering tennis -related programming for all skill levels and ages, organizing tournaments
in addition to other tennis -related services and promoting the facility in order to maximize its
utilization.
The term of the management agreement is five (5) years with the option for two (2) additional five
(5) year terms. The City shall be paid in accordance with the following:
(1) Initial 5 Year Contract
(a) Twelve months following execution of agreement: $0 per month
(b) Year 2: $500 per month
(c) Year 3: $750 per month
(d) Year 4: $1,000 per month
(e) Year 5: $1,000 per month
(2) First 5 Year Extended Term: Upon exercising the option to extend the
management agreement for an additional 5 year term, the Contractor will pay the
City:
(a) Year 6:
$1,000 per month
(b) Year 7:
$1,500 per month
(c) Year 8:
$1,500 per month
(d) Year 9:
$2,000 per month
(e) Year 10:
$2,000 per month
Management Agreement
May 17, 2016
Page 2
(3) Second 5 Year Extended Term: Upon exercising the option to extend the
management agreement for a second additional 5 year term, the Contractor will pay
the City $2,500 per month for Years 11-15.
In addition, The Striesfeld Group shall pay the City 10% of all gross receipts from the sale of food
concessions, tennis equipment, and apparel.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT-.
THAT the City Manager be and he is hereby authorized to execute a five (5) year
contract, with the option for two (2) additional five (5) year terms, substantially in the
form attached hereto as Exhibit 'A" with The Striesfeld Group, LLC for the management
and operation of the Beaumont Tennis Center.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
May, 2016.
- Mayor Becky Ames -
MANAGEMENT AGREEMENT
WHEREAS, the City of Beaumont, a municipal corporation domiciled in Jefferson
County, Texas, hereinafter called "City" and The Striesfeld Group, LLC, a Limited
Liability Company domiciled in , Texas, hereinafter called "Contractor"
hereby seek to enter into a Management Agreement concerning the property described
as Beaumont Tennis Center, hereinafter called "Facility".
WHEREAS, the parties recognize the mutual benefit to City and Company
derived from the existence of a first class tennis facility and,
WHEREAS, to that end, City and Company agree as follows:
1) GOAL
The City of Beaumont, through its municipal tennis facility, strives to offer the
community a positive and inviting atmosphere for players of all ages and levels to
participate in year-round tennis play.
2) FACILITY
The Beaumont Tennis Center (Facility) is a municipal tennis facility under the
oversight of the City ofBeaumont Parks and Recreation Department located at 6455
College Street. It includes twenty (20) outdoor and four (4) indoor lighted tennis
courts. There is a viewing loggia that is ADA compliant. The Pro Shop contains
approximately 4,460 square feet of retail floor and wall space. The Facility also
includes restrooms with showers for men and women, storage area, and Manager's
office.
For and in consideration of the conditions and agreements to be kept and performed
by Contractor, City does hereby agree to allow the Contractor to manage and
operate and Contractor does hereby agree to manage and operate all of that real
and personal property as described above as a public tennis facility.
1
EXHIBIT "A"
3) EFFECTIVE DATE AND POSSESSION
This management agreement is subject to the approval of the City Council of the
City and is not effective until the date of final approval by the Council ("Effective
Date"). The date of Contractor's right of possession Facilities and responsibility for
operations of Tennis Center ("Possession Date") will be June 1, 2016.
4) TERM OF AGREEMENT
The agreement shall have an initial term of five (5) years commencing on
, 2016 and ending on , 2021. This Agreement
may be extended for two additional five (5) year terms. Contractor shall notify the
City in writing at least one hundred eighty (180) days before the end of the initial
term or first extended term if Contractor elects to renew this agreement for the
extended term.
5) USE OF FACILITY
Contractor's primary duty is to fully manage, staff, supervise and control the
administration and operation of the facility. Contractor shall use the Facility only for
business purposes as municipal tennis courts and for no other purpose without prior
written consent of City. Contractor shall comply with all rules, regulations,
ordinances, City Charter and laws of public authorities applicable to its operations of
the Tennis Center and obligations herein.
6) NONDISCRIM [NATION
Contractor will not discriminate nor permit discrimination against any person or
group of persons with regard to employment and the provision of services at, in, or
on the Facility, on the grounds of race, religion, national origin, marital status, sex,
age, disability, or in any manner prohibited by the laws of the United States or the
State of Texas. The City hereby reserves the right to take action necessary to
enforce this covenant.
7) CONTRACTOR RESPONSIBILITIES
The Contractor shall retain the exclusive right to conduct tennis -related activities at
the Facility.
2
A. PROGRAMMING
The contractor shall offer tennis and/or tennis -related programming at the
Facility.
(1) Programming may include, but is not limited to:
a) group lessons or clinics,
b) private lessons,
c) leagues,
d) cardio tennis workouts,
e) drop-in programs,
f) tournaments,
g) camps,
h) junior programming,
i) senior programming,
j) mixers.
k) and other specific services and amenities as listed by
Contractor in Attachment B, Response to RFP
(2) Through its programming, the Contractor shall endeavor to maximize the
utilization of Facility courts during hours of operation, and the Contractor
shall make programming available for diverse skill levels, ages and
populations. The Contractor shall modify programming to meet customer
needs; the City's needs, and/or as demand dictates.
(3) Each month, the Contractor must submit to the Director of Parks and
Recreation or their designee, a program of activities of the forthcoming
month, identifying at a minimum: leagues, lessons, youth and adult
programs, tournaments by dates and estimated number of participants,
and hours of operation.
B. SERVICES
The Contractor shall provide tennis and/or tennis -related services at the Facility.
Services may include, but are not limited to:
1) racquet stringing,
2) ball machine rental,
3) tennis equipment,
4) apparel or other accessories or merchandise,
5) food, beverages or other concessions, and
6) tournament organizing.
C. FEES
Contractor shall charge and publicize all tennis fees as approved by City Council
in the Code of Ordinances.
D. MARKETING, ADVERTISING, AND PROMOTION ACTIVITIES
(1) The Contractor shall market, advertise and promote the Facility in order to
maximize its utilization. Marketing, advertising and promotional activities
may occur via Facility website, social media or other means with prior
approval by the Parks and Recreation Director.
(2) Contractor shall provide suitable signs at the Facility advising the public
that the business activity is operated by the Contractor as an independent
contractor and not operated by the City.
E. OPERATIONS
(1) The Contractor shall manage court usage, court reservations, and
payment of court fees at the Facility according to City Ordinance, Section
14.04.013. Current fees approved by City Council and in effect at the
signing of this agreement are provided in Exhibit B.
(2) The Contractor shall at minimum, maintain the hours of operation as set
by City. The Contractor may operate the Facility outside of the hours
stated with prior written approval from the City. The current hours of
operation are provided in Exhibit C.
(3) The Contractor shall offer patrons a user friendly online court reservation
system that, at minimum.
a. presents no extra cost to players,
b. provides reservation confirmation notifications, and
c. captures zip codes, email addresses and phone numbers.
(4) The contractor shall provide all equipment necessary for the Facility and
Pro Shop. The contractor shall utilize a computerized cash register
system.
(5) The Contractor shall be responsible for any and all debts incurred by the
operation of the Facility and shall allow no liens to be filed against City
Property.
4
F. FACILITY IMPROVEMENTS/UPGRADES
(1) Improvements and/or upgrades to the Facility will be at the sole expense
of the Contractor and will become the property of the City upon expiration
or termination of the contract.
(2) All improvements or upgrades will require prior, written approval from the
City.
(3) The Contractor shall have the right to remove any personal property from
the Facility upon expiration or termination of the contract.
(4) The City reserves the right to require the Contractor to restore the Facility
to its original condition at the Contractor's expense.
G. FACILITY MAINTENANCE AND REPAIRS
(1) The Contractor shall be responsible for all maintenance on the following
items:
a) conduct custodial duties to present a clean appearance of the Facility
at all times;
b) provide all custodial services and supplies for the Facility;
c) maintain the tennis courts and Facility in good repair;
d) clears and pressure wash all sidewalks and porch areas once a month;
e) repair any physical damage to the facilities such as broken windows,
wall damage, plumbing fixture repair, and minor toilet stoppage;
f) replace all "burned out" lights in the Pro -Shop area;
g) maintain clean and free of debris, inside the fenced area and area
within twenty (20) feet of the Facility;
h) provide replacement of worn, damaged nets and windscreens.
H. REGULATORY
(1) The Contractor shall fully comply with all laws, rules, regulations and
orders of all local, state and federal governmental authorities which in any
way relate to the Facility.
(2) Contractor shall secure any and all licenses, clearances, permits and
other certificates necessary to operate the Facility as may be required for
Contractor's lawful operation, use, possession and occupancy of the
Facility.
(3) The Contractor shall pay the cost of all license and registration fees and
renewals thereof. The Contractor shall display all permits in conspicuous
location at the Facility.
HEALTH, SAFETY, AND SECURITY
(1) The Contractor shall be certified for CPR (Cardiopulmonary resuscitation),
First Aid and AED (Automated External Defibrillator) training, shall
maintain such certification throughout the contract term, and shall provide
proof of certification upon the request of the City.
(2) City has installed security equipment in the Pro Shop. The Contractor shall
monitor the security service and handle all calls associated with this
service. The Contractor will be responsible for monthly payments to the
security service and any cost associated for false alarms. Should a loss
occur of any nature, the City will not be held responsible for any contents,
merchandise or cash on -hand.
J. CASH HANDLING, DEPOSITS, AND RECORDKEEPING
(1) The Contractor shall maintain a written cash handling policy which is
subject to the approval of the City's Chief Financial Officer. During the
term of this Agreement the Contractor shall establish and maintain
separate records and accounts for the City facility, including a separate
bank account relating to the operation of the Facility.
(2) The contractor shall keep and maintain complete and accurate books and
records necessary for the fulfillment of Contractor's obligations in
accordance with generally accepted accounting principles (GAAP)
consistently applied and in a form satisfactory to the City throughout the
contract term and for four (4) years after expiration or early termination of
the contract.
(3) The Contractor shall keep and maintain books and records in sufficient
detail to fully and properly document and account for all transactions
which relate to the amounts reported to the City.
(4) The Contractor shall install a computerized cash register system which
shall record all sales or service transactions in a manner satisfactory to
the City.
K. REPORTING REQUIREMENTS
(1) Court rental activity and attendance reports.
(2) Log of all maintenance and service performed at the Facility.
(3) Incidents or injuries at the Facility.
(4) Copy of Internal Revenue Service annual tax returns pertaining
specifically to Facility income.
(5) Quarterly sales tax report.
8) CITY RESPONSIBILITIES
A. During the term of the agreement, City shall be responsible for all maintenance
on the following items, at its discretion :
(1) HVAC systems including scheduled filter changes
(2) Water heater
(3) Fire alarm system (monitoring included)
(4) Fire extinguisher annual inspections
(5) Electrical breaker panels and circuits
(6) Lighting control panel
(7) Ballast replacement on light fixtures
(8) Building structure
(9) Roof system
(10) Interior and exterior painting
(11) Ice machine repairs
(12) Plumbing system repairs such as sewer line blockage, flush valve
repairs, water supply line repairs, facet repairs, drink fountain repairs
(13) Parking lot lights
(14) Irrigation system repairs and maintenance
(15) Door hardware repair
(16) Termite treatment
(17) Fencing
(18) Replacing light bulbs on the exterior, open courts and covered
courts, as discussed below
B. During the term of the agreement, City shall provide the following items:
(1) A dumpster for trash services.
(2) One (1) telephone line for Contractor to conduct business. Contractor may
add telephone and computer lines at its sole expense.
(3) All utilities (water/sewer, electricity, gas, telephone)
(4) Internet as it exists today with no guaranty for speed, availability and the
like.
(5) AED machine, located in bag below counter.
C. Prior to the Possession Date, City will assess the facilities to ensure lights are
working, nets are in good playable condition, windscreens are up and in good
playable condition, all courts are pressure washed and free of debris, and overall
facility is presentable and ready to be operated.
D. During the term of the agreement, response time for work order requests will be
within 48 hours during normal business hours which is 7:30am - 4:OOpm Monday
through Friday. Within 48 hours time frame a City of Beaumont representative
will assess the request to determine what will be needed to resolve the requested
issue and give the Contractor an approximate timeline to complete the request.
The timeline or completion of any work order request will depend upon material
availability, delivery time for materials, and the scheduling of work with a
contractor if needed.
E. City of Beaumont staff will maintain the lights on all outdoor and covered courts
at the Beaumont Tennis Center Complex according to the following guidelines:
(1) Outdoor Court Lights
(a) Personnel and equipment will be dispatched to the facility when there
are a minimum of two (2) lights out on an individual court or there are
at least a combined total of ten (10) or more lights out on all outdoor
courts.
(b) All work will be scheduled Monday through Friday between 7:30 a.m.
and 4:00 p.m. (Saturday and Sunday excluded)
(2) Covered Court Lights
(a) Personnel and equipment will be dispatched to the facility when there
are a minimum of two (2) lights out on an individual court or a
combined total of eight (8) or more bulbs not working on all four courts.
This work will be scheduled Monday through Friday 7:30 a.m. — 4:00
p.m.
(b) Personnel and equipment will be dispatched to the facility when there
are a minimum of two (2) fixtures not working on an individual court.
This work will be scheduled Monday through Friday 7:30 a.m. — 4:00
p.m.
(c) In the event all fixtures are not working on all courts or one individual
court, personnel and equipment will be dispatched to the facility
Monday through Sunday.
9) COMPENSATION
A. Contractor shall pay City as follows:
(1) Initial 5 Year Contract
(a) Twelve months following execution of agreement: $0 per month
(b) Year 2: $500 per month
(c) Year 3: $750 per month
(d) Year 4: $1,000 per month
(e) Year 5: $1,000 per month
(2) First 5 Year Extended Term: Upon exercising the option to extend the
management agreement for an additional 5 year term, the Contractor will
pay the City:
(a) Year 6: $1,000 per month
(b) Year 7: $1,500 per month
(c) Year 8: $1,500 per month
(d) Year 9: $2,000 per month
(e) Year 10: $2,000 per month
(3) Second 5 Year Extended Term: Upon exercising the option to extend the
management agreement for a second additional 5 year term, the
Contractor will pay the City $2,500 per month for Years 11-15.
B. Contractor shall pay City 10% of all gross receipts from the sale of food
concessions, tennis equipment and apparel. Contractor shall provide a monthly
report from the point of sale system along with the payment by the 15th of each
month.
10)ASSIGNMENT
This agreement may not be assigned in whole or in part by either party without the
prior written approval of the other party.
11)TERMINATION
A. City or Contractor may terminate this Agreement for cause if either party defaults
in the performance of any covenant condition of this Agreement. Prior to such
termination City or Contractor must provide the other party with written notice of
such default and if the party does not cure the default within fifteen (15) days
after the giving of notice, the party giving such notice may terminate the
Agreement by a ninety (90) day written notice.
B. In addition to any other duties and obligations identified in this Agreement,
Contractor shall have the following duties and responsibilities at the termination
of this management agreement, whether occurring by normal expiration or as
otherwise herein provided:
(1) Contractor shall return the Facility to City in good and operable condition,
as received at the inception of Agreement..
(2) All Trade Fixtures or any other Contractor -owned property which remain at
the Facility after the termination or expiration of the Agreement
automatically becomes City property without the necessity of any further
notice or legal action.
12) INDEMNITY
Contractor agrees to indemnify, hold harmless and defend, at its own expense, the
City of Beaumont and its officers, agents, servants, and employees from and against
any and all claims, causes of action and damages of every kind, for injury to or death
of any person and damages to property arising out of or in conjunction with the
execution, performance, attempted performance or nonperformance of this
agreement or from the operations and actions of The Striesfeld Group, its officers,
agents and employees and specifically including herein any and all acts of
negligence or omissions by the City of Beaumont, its agents, officers or employees
carried out under the teems of this agreement.
13) INSURANCE
A. Contractor shall secure and maintain a comprehensive general liability insurance
policy to include contractual liability coverage with minimum limits of Five
Hundred Thousand Dollars ($500,000) combined single limit per occurrence or
its equivalent with an aggregate limit of $1,000,000. The City of Beaumont shall
be named as an additional insurance on the policy. The comprehensive general
liability policy carried by Contractor under this agreement is the primary coverage
10
in case of loss or damage related to Contractor's operation of the Facility. A
copy of the policy shall be submitted prior to commencement of this Contract.
B. Further explanation of insurance required and related terms is included in
Attachment A.
14) AMENDMENTS
This Agreement shall not be changed, amended or altered in any way except in
writing and executed by both Parties.
15) ENTIRETY OF AGREEMENT
This Agreement constitutes the whole of the understanding, discussions, anc
agreements by and between City and Contractor. The terms and provisions of this
Agreement are contractual and not mere recitals. The City and the Contractor
acknowledge that there have been no oral, written or other agreements of any kind
as a condition precedent to or to induce the execution and delivery of this
Agreement. Any written or oral discussions conducted prior to the effective date of
this Agreement shall not in any way vary or alter the terms of this Agreement. This
Agreement shall be binding upon the parties and their respective successors and
assigns.
16) NOTICES
Any nofte provided for in this Agreement, or which may otherwise be required by
law shall be given tin writing to the parties hereto by email or certified mail addressed
as follows:
TO CITY TO COMPANY
City Manager
801 Main Street
Beaumont, Texas 77701
11
IN WITNESS THEREOF, this Agreement, consisting of
duplicate counterparts as of this
12
day of
pages is executed in
, 2016.
CITY OF BEAUMONT, TEXAS
go
Kyle Mayes, City Manager
THE STRIESFELD GROUP
Eric Striesfeld, President
2
May 17, 2016
Consider a resolution approving the award of a contract to Wow Food Concepts of Beaumont to
provide concession and alcohol services
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 17, 2016
REQUESTED ACTION: Council consider a resolution approving the award of a contract to
Wow Food Concepts (Wow) of Beaumont to provide concession
and alcohol services.
BACKGROUND
A request for proposal was solicited from twelve (12) vendors and one (1) response was
received. A panel of City employees evaluated the response and the evaluation score is attached.
The RFP sought a firm to sell and distribute alcoholic and non-alcoholic beverages and
concessions at the Civic Center, Julie Rogers Theatre and Jefferson Theatre. The contractor is
responsible for maintaining all state and local licensing required for this service as well as
insurance for the operation. The vendor is not allowed to sell tobacco or tobacco products.
In August of 2015, Wow was assigned the remaining term of the contract between the City of
Beaumont and Treat America. In accordance with the new contract, Wow is to pay the City a
twenty percent (20%) commission for all alcohol and concession sales at the Civic Center, Julie
Rogers Theatre and the Jefferson Theatre as well as those sales derived from any City -sponsored
event such as July 4, Movie Nights, etc. The contract shall be in effect for a period of one (1)
year and may be renewed for two (2) additional one (1) year periods.
FUNDING SOURCE
Revenues will be deposited in the General Fund.
RECOMMENDATION
Approval of resolution.
Criteria Scoring Tab
RFP Name: Concessions and Alcohol Services
RFP Number: PF0116-06
RFP Opening Date: February 18, 2016
Maximum
Vendor
Wow
Beaumont, Tx.
Criteria
Points
Responsiveness to terms and conditions
completeness and thoroughness of the proposal
20
14.5
Demonstrated application experience
20
20
Company Qualifications
20
20
Third Party Staffing
15
15
Pricing of Food and Alcohol
25
21
Total
100
90.5
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a one (1) year contract, with an
option to renew for two (2) additional one (1) year periods, to Wow Food Concepts, of
Beaumont, Texas, for concession and alcohol services at the Civic Center, Julie Rogers
Theatre and Jefferson Theatre.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
May, 2016.
- Mayor Becky Ames -
May 17, 2016
Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's
proposed rate increase until July 14, 2016
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: May 17, 2016
REQUESTED ACTION: Consider an ordinance authorizing the suspension of the effective
date of CenterPoint Energy's proposed rate increase until July 14,
2016.
BACKGROUND
On March 31, 2016, CenterPoint Energy ("CenterPoint") filed with the City of Beaumont an
annual Gas Reliability Infrastructure Program (GRIP) interim rate adjustment notice to increase
gas rates in the Beaumont/East Texas Division Service Area. The City of Beaumont maintains
exclusive original jurisdiction over the rates, operations and services of CenterPoint as a gas
utility operating in the City of Beaumont.
The requested increase would ordinarily go into effect sixty (60) days after giving notice of the
intent to increase rates. This ordinance is a request to suspend the effective date of CenterPoint's
proposed rate increase for a period of forty-five (45) days until July 14, 2016 in order to review
the company's filings for compliance with the Gas Utility Regulatory Act and the company's last
base rate case. The review of the company's GRIP filing is limited to a ministerial review of the
filings for compliance with the Act.
FUNDING SOURCE
All reasonable expenses associated with rate cases are reimbursable by the company.
RECOMMENDATION
Approval of resolution.
ORDINANCE NO.
ORDINANCE OF THE CITY OF BEAUMONT, TEXAS SUSPENDING
THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES
CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT
ENERGY TEXAS GAS (`CENTERPOINT' OR "COMPANY') COMPANY'S
GAS RELIABILITY INFRASTRUCTURE PROGRAM ('GRIP') FILING
MADE WITH THE CITY ON MARCH 31, 2016; FINDING THAT THE
MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT,
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on or about March 31, 2016, CenterPoint Energy Resources Corp.,
d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint' or
"Company") filed an Annual GRIP adjustment for the Beaumont/East Texas Service Area
with the City of Beaumont ('City') to increase gas rates in the Beaumont/East Texas
Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE ('Gas Utility
Regulatory Act') § 104.301; and;
WHEREAS, the Company proposed an effective date of May 30, 2016, for the
rate increase; and,
WHEREAS, City has exclusive original jurisdiction over the rates, operations and
services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory
Act § 103.001; and,
WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process
for the recovery of the costs of incremental investment by a gas utility; and
WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking
proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act §
103.022; and,
WHEREAS, the City will join with other municipalities in a steering committee in
order to coordinate the hiring and direction of counsel and/or consultants working on
behalf of the steering committee and the City; and,
WHEREAS, the City finds the need to suspend the effective date of CenterPoint's
proposed rate increase for 45 days beyond the Company's proposed effective date until
July 14, 2016 in order to review the Company's filing for compliance with Gas Utility
Regulatory Act § 104.301; and,
WHEREAS, the City's review of CenterPoint's GRIP filing is limited to a
ministerial review of the filing for compliance with the statute; and,
WHEREAS, the reasonableness of the Company's investment will be reviewed in
CenterPoint's subsequent base rate case where all costs included in CenterPoint's
GRIP filing will be subject to refund;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT:
Section 1. The statement and findings set out in the preamble to this
ordinance are hereby in all things approved and adopted.
Section 2. The effective date of the Company's proposed GRIP rate increase,
and the proposed tariffs related thereto, are hereby suspended until July 14, 2016.
Section 3. To the extent the City finds that the rates proposed by CenterPoint's
filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become
effective by operation of law on July 14, 2016.
Section 4. The City is authorized to join with other municipalities as part of the
Beaumont/East Texas Division Steering Committee with the understanding that the
steering committee will provide direction and guidance to the lawyers who are
representing said cities.
Section 5. The City employs The Lawton Law Firm, P.C. to represent the City
with regard to the proposed rate increase of CenterPoint before local and state
regulatory authorities and any court of law and authorizes counsel to employ such rate
experts as are recommended by the Steering Committee.
Section 6. The Steering Committee shall review the invoices of the lawyers
and/or rate experts for reasonableness before submitting the invoices to CenterPoint for
reimbursement.
Section 7. CenterPoint shall reimburse the City, through the designated
representative of the Steering Committee, for the reasonable costs of attorneys and
consultant fees and expenses related thereto, upon the presentation of invoices
reviewed by the Steering Committee.
Section 8. The meeting at which the ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 9. This Ordinance shall become effective from and after its passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
May, 2016.
- Mayor Becky Ames -
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