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HomeMy WebLinkAboutPACKET MAR 06 2018BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 6, 2018 1:30 PM CONSENT AGENDA * Approval of minutes — February 27, 2018 Confirmation of board and commission member appointments Amy Bean, Humane Society Representative, would be appointed to the Animal Health Advisory Committee. The term would commence March 6, 2018 and expire September 30, 2019. (Mayor Becky Ames) A) Authorize the City Manager to execute a Multiple Use Agreement and Amendment No with the Texas Department of Transportation for the use of their right-of-way for City bus shelters B) Approve the purchase of two defibrillators for use in the Fire Department C) Authorize the City Manager to apply for and accept funding from the Texas Department of State Health Services related to Tuberculosis Prevention D) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 4575 North Major Drive E) Authorize the City Attorney to bring suit to compel the filing of hotel occupancy tax reports and to collect hotel occupancy taxes due the City of Beaumont by Divine Beaumont Hospitality, LLC, individually and d/b/a Executive Inn F) Authorize the City Manager to execute a lease agreement for the location of EMS Unit No. 4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning Expiration of Term of Term Amy Bean Animal Health Advisory 03/06/2018 09/30/2019 Committee The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames - 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: March 6, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Multiple Use Agreement and Amendment No. 1 with the Texas Department of Transportation (TxDOT) for the use of their right-of-way for City bus shelters. BACKGROUND The agreement would allow for the construction, maintenance and operation of a public passenger shelter facility on the state highway right-of-way at Farm to Market Road 364 (N. Major Drive at Gladys Avenue) and at 3875 IH -10 Access Road. The City's Engineering Division has determined that these two (2) locations are ideal locations for the City of Beaumont Bus Shelters at Various Locations Project— Phase II. TxDOT has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agreements with TxDOT for the purpose of determining the respective responsibilities of the City and TxDOT with reference thereto, and conditioned that such uses are in the public interest, and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by TxDOT. FUNDING SOURCE N/A. 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 Multiple Use Agreement between the City of Beaumont and the Texas Department of Transportation (TxDOT) for the use of state highway right-of-way to allow the construction, maintenance and operation of a public passenger shelter facility to be located at Farm to Market Road 364 (N. Major Drive at Gladys Avenue). The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames - Form 2044 (Rev. 11/2016) Page 1 of 9 A m Form 2044 (Rev. 06/2013) (GSD -EPC) Page 1 of 9 MULTIPLE USE AGREEMENT STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State", party of the first part, and City of Beaumont hereinafter called City, party of the second part, is to become effective when fully executed by both parties. WITNESSETH WHEREAS, on the day of 20 , the governing body for the City, entered into Resolution/Ordinance No. , hereinafter identified by reference, authorizing the City's participation in this agreement with the State; and WHEREAS, the Cid has requested the State to permit the construction, maintenance and operation of a public Passenger Shelter Facility on the highway right of way, N. Major Drive (FM 364) at Gladys Ave Control Section: 0786-01 shown graphically by the preliminary conceptual site plan in Exhibit °A" and being more specifically described by metes and bounds of Exhibit "B", which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the Cites will enter into agreements with the state for the purpose of determining the respective responsibilities of the Cijy and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the state. EXHIBIT "A" Form 2044 (Rev. 11/2016) Page 2 of 9 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as, follows: 1. DESIGN AND CONSTRUCTION The City will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State. Said plans shall include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compliance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and define the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof in all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State. Any sidewalks, curb ramps, and other pedestrian elements to be constructed, either on or off site, by the Cit shall be in accordance with the requirements of Title II of the Americans With Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the Cid and found not to comply with ADA or TAS shall be corrected at the entire expense of the Com. 2. INSPECTION Ingress and egress shall be allowed at all times ti personnel and State Forces and equipment when and for inspection purposes; and upon request, all such operations will be prohibited. 3. PARKING REGULATIONS such facility for Federal Highway Administration highway maintenance operations are necessary, parking or other activities for periods required for Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use to governing laws. Parking shall be permitted only in marked spaces Parking shall be prohibited when a security threat, as determined by TxDOT, exists. 4. PROHIBITION/SIGNS Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other purposes not in keeping with the objective of a public facility. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. Form 2044 (Rev. 11/2016) Page 3 of 9 5. RESPONSIBILITIES Timely maintenance, repair and operation of the facility shall be entirely the responsibility of the Com. Such responsibility shall not be transferred, assigned or conveyed to a third party without the advanced written approval of the State. These responsibilities expressly include the timely maintenance and repair of any portion of the facility necessary to comply with the Americans with Disabilities Act. Further, such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardqus or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. If the State determines that the City has failed to comply with these responsibilities, it will perform the necessary work and charge the Cid the actual cost of the work. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. A. Retention Period. The Cir shall maintain all books, documents, papers, accounting records and other evidence pertaining to fees collected and costs (hereinafter called the Records). The City shall make the records available during the term of the Agreement and for four years from the date the Agreement is terminated, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. B. Audit Report. If fees are collected by the City for the use of the facility under this agreement, the City will provide the State an annual audit report detailing the fees collected for the use of the facility and the costs associated with constructing, maintaining, and operating the facility within the same period. If the report shows more fees collected than expenses for the construction, operation, or maintenance of the facility the Cit must provide a multiple year plan detailing how the additional revenue will be used for construction, operation, or maintenance of the facility. C. Availability. The State or any of its duly authorized representatives, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the Ci 's records that are directly pertinent to this Agreement for the purpose of making audits and examinations. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon written notice, and upon the exercise of any such right by either party, all obligations Forth 2044 (Rev. 11/2016) Page 4 of 9 herein to make improvements to said facility shall immediately cease and terminate and the Cy shall be responsible for the facility's timely removal at no cost to the State. If the State determines that the City has failed to timely remove the facility, it will perform the necessary work and charge the City the actual cost of the work. 8. MODIFICATION/TERMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be : (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility; or (2) terminated and the use of the area as proposed herein discontinued. 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation by the State. 10. RESTORATION OF AREA The City shall provide written notification to the State that such facility will be discontinued for the purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear the area of'all facilities that were its construction responsibility under this agreement and restore the area to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. INDEMNIFICATION THE CITY AGREES TO HOLD AND SAVE THE STATE OF TEXAS FREE FROM DAMAGES THAT MAY RESULT FROM CONSTRUCTION OF THE PROJECT DESCRIBED HEREIN. THE INDEMNIFICATION OF THE STATE SHALL EXTEND FOR A PERIOD OF TWO (2) YEARS BEYOND THE DATE OF TERMINATION OF THIS AGREEMENT. DURING EACH YEAR WHILE THERE IS ANY LIABILITY BY REASON OF THE AGREEMENT CONTAINED IN THIS SUBSECTION OF THIS RESOLUTION, INCLUDING THE CALENDAR YEAR 2018, THE CITY SHALL COMPUTE AND ASCERTAIN THE RATE AND AMOUNT OF AD VALOREM TAX, BASED ON THE LATEST APPROVED TAX ROLLS Form 2044 (Rev. 11/2016) Page 5 of 9 OF SAID ENTITY, WITH FULL ALLOWANCES BEING MADE FOR TAX DELINQUENCIES AND COSTS OF TAX COLLECTION, WHICH WILL BE SUFFICIENT TO RAISE AND PRODUCE THE MONEY REQUIRED TO PAY ANY SUMS WHICH MAY BE OR BECOME DUE DURING ANY SUCH YEAR, IN NO INSTANCE TO BE LESS THAN TWO (2%) PER CENT OF SUCH OBLIGATION, TOGETHER WITH ALL INTEREST THEREON, BECAUSE OF THE OBLIGATION HEREIN ASSUMED. SAID RATE AND AMOUNT OF AD VALOREM TAX IS HEREBY ORDERED TO BE LEVIED AND IS HEREBY LEVIED AGAINST ALL TAXABLE PROPERTY IN SAID ENTITY FOR EACH YEAR WHILE ANY LIABILITY EXISTS BY REASON OF THE OBLIGATION UNDERTAKEN BY THIS SUBSECTION OF THIS RESOLUTION, AND SAID AD VALOREM TAX SHALL BE ASSESSED AND COLLECTED EACH SUCH YEAR UNTIL ALL OF THE OBLIGATIONS HEREIN INCURRED SHALL HAVE BEEN DISCHARGED AND ALL LIABILITY HEREUNDER DISCHARGED. No party to this agreement intends to waive, relinquish, limit or condition its general governmental immunity from liability in any way. Each party agrees and acknowledges that it is not an agent, servant, or employee of the other party and that under this provision each party is responsible only for its own acts and for those of its agents, servants, independent contractors or employees. Such responsibility includes, but is not limited to any claims or amounts arising or recovered under the "Workers Compensation Law," the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the City. Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State. Furthermore, the Cit Lshall become fully subrogated to the State's rights of recovery and shall be entitled to maintain any action over and against any third party who may be liable for damages. The State agrees to execute and deliver instruments and papers and to otherwise do that which is necessary to secure such rights. 13. INSURANCE The Com, shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance, repair and operation of the facility. The Cid shall include TxDOT as an additional insured by endorsement in the City's commercial general liability insurance policy. Prior to beginning work on the State's right of way, the Cm's construction contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560) or appropriate certificate of self-insurance and shall maintain the required coverage during the construction of the facility. 14. USE OF RIGHT OF WAY It is understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re -construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State Form 2044 (Rev. 11/2016) Page 6 of 9 does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits. 15. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The Cid shall be responsible for obtaining such additional consent, permits or agreement as may be necessary due to this agreement. This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities. 16. FHWA ADDITIONAL REQUIREMENTS If the Facility is located on the Federal -Aid Highway System, "ATTACHMENT A", which states additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710, shall be attached to and become a part of this agreement. 17. CIVIL RIGHTS ASSURANCES The Com, for itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the Cit shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally -Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non-discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. 18. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 19. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any Form 2044 (Rev. 1112016) Page 7. of 9 provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. 20. AUDIT The State may conduct an audit or investigation of any aspect of this agreement. The City must provide the State with access to any information the State considers relevant to the investigation or audit. The audit can include, but is not limited to, any contract for construction or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the City if that service is authorized by this agreement. 21. AUTHORITY OF STATE AUDITOR The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 22. NOTICES All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Name of other party) (Mailing Address) (Mailing Address) Texas Department of Transportation Maintenance Division 125 East 11th Street Austin, Texas 78701-2483 23. TIMELY PAYMENT When required by any provision of this agreement requires a payment to be made to the State, the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from the other party's construction, maintenance, repair or operation of the facility. 24. WARRANTS The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. Form 2044 (Rev. 11/2016) Page 8 of 9 The following list of exhibits are incorporated into this agreement and either attached or their location identified in this agreement. List of Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Description Exhibit C - Approved Construction Plans Exhibit D - Certificate of Insurance (TxDOT Form 1560) Exhibit E - Attachment A (FHWA Additional Requirements) IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the on the day of , 20 , and the State on the day of , 20 0 Signature Printed Name Title Contact Name Contact Telephone Number STATE OF TEXAS Certified as being executed for the purpose of activating and/or carrying out the orders, established policies, or work programs heretofore approved . by the Texas Transportation Commission. By: Signature Director, Maintenance Division APPROVAL RECOMMENDED: in District Engineer Printed Name Date Form 2044 (Rev. 11/2016) Page 9 of 9 ATTACHMENT A Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA. 2. Any change in the authorized use of airspace shall_ receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable in the event that the airspace facility ceases to be used or is abandoned. EXHIBIT E 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 Amendment No. 1 to the Master Multiple Use Agreement between the City of Beaumont and the Texas Department of Transportation (TxDOT) for the use of state highway right-of-way to allow the construction, maintenance and operation of a public passenger shelter facility to be located at 3875 IH -10 Access Road. The Amendment is substantially in the form attached hereto as Exhibit "B" and made a part hereof for all purposes The meeting at which this resolution was approved was in all things conducted in strict'compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018.' - Mayor Becky Ames - Amendment to MUA — Revised 912014 Page 1 of 2 AMENDMENT AGREEMENT NUMBER 1 TO MASTER MULTIPLE USE AGREEMENT BETWEEN THE STATE AND City of Beaumont FOR THE Passenger Shelter Facility STATE OF TEXAS § COUNTY OF TRAVIS § This agreement amendments the previously executed Master Multiple Use Agreement for construction, maintenance, and operation of Passenger Shelter Facility on the Texas Department of Transportation right-of-way, in Jefferson County, dated the day of , 20 , by and between the Texas Department of Transportation, hereinafter referred to as "State" and City of Beaumont, hereinafter referred to as City. The effective date of this Amendment Agreement is that date on which the State affixed its signature. WITNESSEETH WHEREAS, the Ci has requested the State to permit the construction, maintenance, and operation, of Passenger Shelter Facility, located within State right-of-way on 3875 IH -10 Eastbound Frontage Road, Control 0739 Section 02 in Citv of Beaumont_ and being more particularly described in the exhibits attached hereto and made a part hereof; and WHEREAS, the State is willing to approve the establishment of such facilities as evidenced by the execution of the Cm's existing Master Agreement with the State. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be respectively kept and performed as set forth in the Master Agreement; the City is hereby granted permission for construction, maintenance, and operation of Passenger Shelter Facility on State right-of-way on 3875 IH -10 Eastbound Frontage Road in Beaumont, Texas, as more particularly described in the attached exhibits, to wit: EXHIBIT "A" Amendment to MUA — Revised 9/2014 Page 2 of 2 By: A. Exhibit A — site map; B. Exhibit B — site plan_ (from plan set); C. Exhibit C — Plans and Specifications; and D. Exhibit D — TxDOT Form No. 1560, Certificate of Insurance. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the day of ,20 , and the State on the day of , 20_ STATE OF TEXAS Certified as being executed for the purpose of activating and/or carrying out the orders, established policies, or work programs heretofore approved by the Texas Transportation Commission. By: Signature Signature Printed Name Director, Maintenance Division Title APPROVAL RECOMMENDED: Contact Name By: District Engineer Contact Telephone Number Printed Name Date SUPPORTING RESOLUTION or ORDINANCE EXHIBIT A General Layout and Location N MAJOR DRIVE AT GLADYS AVE rk Beaumont Ro, d, `Rrverfivnt ic- Lamar University 19d �1 Beaumont PROPOSED BUS SHELTER AT N. MAJOR DR AND GLADYS AVE Lvap — PROPOSED SHELTER Q LOCATION PROPOSED SUS SHELTER AT 3875 IH -10 ACCESS ROAD s�s 0 rrD .. PROPOSED SHELTER �" ee LOCATION H tC O �n 0 oc N 9L 'p se c* 57.E 0.,t.. � rr .!71' [iia •. �� ;, .,! „ Gn: Beaumont park liege 2 ... ` t•�!'.: is Vi., it �.:.. y \'V.t : , �; A!• C�.:1 qV Lamar University 3875 IH 10 ACCESS ROAD . Beaumont 13anic81 fi3rdcas c` �• "tis - -_ PROPOSED SUS SHELTER AT 3875 IH -10 ACCESS ROAD s�s 0 rrD .. PROPOSED SHELTER �" ee LOCATION H tC O �n 0 oc N 9L BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 6, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of two defibrillators for use in the Fire, Department. BACKGROUND The defibrillators are used in the Fire Department as a complete acute cardiac care response system designed for basic and advanced life support. Pricing was obtained from Physio -Control, of Redmond, Washington in the amount of $65,930.50. The two old units will be traded in because they exceeded their expected service life and will qualify for a credit of $5,000, which is reflected in the total price. Physio -Control is a sole source provider, that manufactures, services and provides the warranty on all defibrillators within the City. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase, of two (2) LP15V4 Monitor/Defibrillators for use by the Fire Department from Physio -Control, Inc., of Redmond, Washington, a sole source provider, in the amount of $65,930.50. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: March 06, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and accept funding from the Texas Department of State Health Services (DSHS) related to Tuberculosis Prevention. BACKGROUND The Texas Department of State Health Services will award the Beaumont Public Health Department a grant in the amount of $35,000.00. This funding will assist with operating a clinical program to prevent and control Tuberculosis. This contract will begin 09/01/2018 and end on 08/31/2019. FUNDING SOURCE There is a 20% match that will be paid for out of the General Fund - Public Health. RECOMMENDATION Approval of the resolution. Department of State Health Services Form A Face Page — Tuberculosis (TB) Funding - RESPONDENT INFORMATION 1) LEGAL BUSINESS NAME: CITY of BEAUMONT PUBLIC HEALTH DEPARTMENT 2) MAILING Address Information (include mailing address, street, city, county, state and 9 -digit zip code): Check if address change ❑ 3040 COLLEGE STREET; BEAUMONT, TEXAS 77701 3) PAYEE Name and Mailing Address, including 9 -digit zip code (if different from above): Check If address change ❑ 4) DUNS Number (9 -digit) required If receiving federal funds: 073901118 5) Federal Tax ID No. (9 -digit), State of Texas Comptroller Vendor ID Number (14 -digit) or Social Security Number (9 -digit): 17460002789023 `The respondentaclmowledges, understands andegrees that the respondents choice to use ssocialsecuritynumberas the vendoridentlllcationnumberforthe conbac4 may result In the social security number being made public via state open records requests. 6) TYPE OF ENTITY (check all that apply): ® City ❑ Nonprofit Organization* ❑ Individual ❑ County ❑ For Profit Organization* ❑ Federally Qualified Health Centers ❑ Other Political Subdivision [:]HUB Certified El State Controlled Institution of Higher Learning ❑ State Agency ❑ Community -Based Organization ❑ Hospital ❑ Indian Tribe ❑ Minority Organization ❑ Private ❑ Faith Based (Nonprofit Org) ❑ Other (specify): *If incorporated, provide 10 -digit charter number assigned by Secretary of State, 7) PROPOSED BUDGET PERIOD: Start Date: 09/01/2018 End Date: 08/31/2019 8) COUNTIES SERVED BY PROJECT: Jefferson County 9) AMOUNT OF FUNDING REQUESTED: $ 35,000 11) PROJECT CONTACT PERSON Name: Melissa Sias 10) PROJECTED EXPENDITURES Do respondents projected federal expenditures exceed $500,000, or its Phone: - 409-654-3663 projected state expenditures exceed $500,000, for respondents current Fax: 409-832-4270 fiscal year (excluding amount requested in line 9 above)? ** Email: Melissa.sias@beaumonttexas.gov Yes ® No ❑ 12) FINANCIAL OFFICER Name: Todd Simoneaux "Projected expenditures should Include anticipated expenditures under all Phone: 409-880-3789 federal grants including "pass through' federal funds from all state agencies, or Fax: 409-880-3132 all anticipated expenditures understate grants, as applicable. Email: Todd.simoneaux@beaumonttexas.gov The facts affirmed by me In this proposal are truthful and I warrant the respondent is in compliance with the assurances and certifications contained In APPENDIX B: DSHS Assurances and Certifications. I understand the truthfulness of the facts affirmed herein and the continuing compliance with these requirements are conditions precedent to the award of a contract. This document has been duly authorized by the governing body of the respondent and I (the person signing below) am authorized to represent the respondent. 13) AUTHORIZED REPRESENTATIVE Check if change ❑ 14) DATE 2/14/18 Name: Sherry Ulmer Title: Health Director Phone: 409-654-3603 Fax: 409-832-4270 Email: sherry.ulmer@beaumonttexas.gov 3 Page FORM C: CONTACT PERSON INFORMATION Legal Business Name of Contractor: CITY OF BEAUMONT PUBLIC HEALTH DEPARTMENT This form provides information about the appropriate contacts in the contractor's organization In addition to those on FORMA:. FACE PAGE. If any of the following information changes during the term of the contract, please send writfen notification to the Contract Management Unit. Fax: 409-880-3132 E-mail: Chance.chapman@beadmonttexas.gov 7 Page Contact: Sherry Ulmer, RN Mailing Address (incl. street, city, county, state, & zip): Title: Health Director 3040 College Street Phone: 409-654-3603 Beaumont, Texas 77701 Fax: 409-832-4270 E-mail: Sherry.ulmer@beaumonttexas.gov Contact: Melissa Sias Mailing Address (incl. street, city, county, state, & zip): Title: Grants Coordinator 3040 College Street Rhone: 409-654-3663 Beaumont, Texas 77701 Fax: 409-832-4270 E-mail: Contact: Chance Chapman Mailing Address (incl. street, city, county, state, & zip): Title:. Grants Accountant 801 Main St Phone: 409=880-3183 Beaumont, Texas 77701 Fax: 409-880-3132 E-mail: Chance.chapman@beadmonttexas.gov 7 Page DOCUSIGN SIGNATURE INFORMATION 15) DOCUSIGN --SIGNATURE AUTHORITY 16) DOCUSIGN - SECONDARY SIGNATURE AUTHORITY. Name: Todd Simoneaux Name: Email Address: todd.simoneaux@beaumonttexas.gov Email Address: (this email address must be different from the Signature Authority email address) Documents to Sign: Documents to Sign: Signature Page N Signature Page Data Use Agreement ® Data Use Agreement ❑ 4 Page _ FORM 1: BUDGET SUMMARY (REQUIRED) Legal Name of Respondent: BEAUMONT PUBLIC HEALTH DEPARTMENT FY -19 2/7/18/SU Budget Categories Total Budget (1) DSHS Funds Requested (2) Direct Federal Funds (3) Other State Agency Funds* (4) Local Funding (Match) (5) Other Funds (6) A. Personnel $25,017 $20,839 $4,178 - B. Fringe Benefits $16,900 $14,078 $2,822 C. Travel $0 $0 $0 D. Equipment $0 $0 $0 E. Supplies $98. $83 $0 F. Contractual $0 $0 $0 G. Other $0 $0 $0 H. Total Direct Costs $42,015 $35,000 $0 $0 $7,000 $0 I. Indirect Costs $0 $0 $0 J. Total Sum of H and I $42,015 $35,000 $0 $0 $7,000 $0 K Program Income - Projected Earnings $0 $0 $0 $0 $0 $0 NOTE: The "Total Budget" amount for each Budget Category will have to be populated among the funding sources. Enter amounts in whole dollars for (3), (4), & (6), if applicable. After amounts have been entered for each funding source, verify that the "Distribution Total' below equals the res ective amount under the "Total Bud et" from column (1). Budget Distribution Budget Budget Distribution Budget Catetory Total Total Category Total Total Check Totals For: Personnel $25,017 $25,017Fringe Benefits $16,900 $16,900 Travel $0 $0 Equipment $0 $0 Supplies $83 $98 Contractual $0 $0 Other $0 $0 Indirect Costs $0 $0 TOTAL FOR: Distribution Totals $42,0001 Budget Total $42,015 *Letter(s) of good standing.. that validate the respondent's programmatic, administrative, and financial capability must be placed after this form if respondent receives any funding from state agencies other than DSHS related to this project. If the respondent is a state agency or institution of higher education, letter(s) of good standing are not required. DO NOT include funding from other state agencies in column 4 or Federal sources in column 3 that is not related to activities being funded by this DSHS project. Revised: 7/6/2009 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 apply for and receive funding from the Texas Department of State Health Services (DSHS) for the TB/PC Tuberculosis Prevention Control Grant in the amount of $35,000, effective September 1, 2018, through August 31, 2019, to assist the Beaumont Public Health Department with operating a clinical program to prevent and control tuberculosis. The -meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames - r D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 6, 2018 / REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND L&M First Mutual Investments, LLC has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.228 acre of land out of a 3.80 acre tract, situated in the Daniel Easley Survey, Abstract No. 20, Jefferson County, Texas. The water line easement is for a new development of apartments located at 4575 North Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, L & M First Mutual Investments, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.228 acre of land out of a, 3.80 acre tract, situated in the Daniel Easley Survey, Abstract No. 20, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the development of apartments located at 4575 North Major Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) ten foot (10') wide exclusive water line easement conveyed by L & M First Mutual Investments, LLC, being a 0.228 acre of land out of a 3.80 acre tract, situated in the Daniel Easley Survey, Abstract No. 20, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, L&M FIRST MUTUAL INVESTMENTS, LLC a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N011 00 DOLLAR ($1:00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate EXHIBIT "A" the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 12018. GRANTOR: L&M FIRST MUTUAL INVESTMENT, LLC, a Texas limited liability company as Printed Name: Mark Merrill Title: Manager GRANTEE: CITY OF BEAUMONT BY: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2018, by Mark Merrill, Manager of L&M First Mutual Investment, LLC, a Texas limited liability company known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such limited liability company for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2018. Notary Public, State of Texas STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this day of , 2018, by Kyleyes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors . E-MAIL ADDRESS INFO@FAUSTENG.COM 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No.10DO24-00 Engineering Firm Registration No. 4800 Telephone (409) 813-3410 Fax (409) 813-3484 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 9,951 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OFA 3.80 ACRE TRACT DANIEL EASLEY SURVEY, ABSTRACT NO. 20 JEFFERSON COUNTY, TEXAS February 5, 2018 That certain 0.228 acre (9,951 sq. ft.) tract out of the Daniel Easley Survey, Abstract No. 20, Jefferson County, Texas; said 0.228 acre tract being out of that certain 3.80 tract conveyed by April Renie Chapa, Executrix of the Estate of Virgil Ray Rutledge, to L&M First Mutual Investments, LLC as recorded under County Clerk's File No. 2015021103 of the Jefferson County Real Property Records, said easement being more particularly described by metes and bounds as follows: All bearings are based on grid north referenced to the Texas State Plane Coordinate System, South Central Zone, N.A.D. 1983 datum (convergence angle=02°21'23"). All distances are true surface distance (grid factor=0.999957539). Area is true surface area. COMMENCING at a 5/8" iron rebar found at the southeast corner of said 3.80 acre tract, the northeast corner of a called 4.981 acre tract conveyed to Nhat Phuc Le as described in Clerks File No. 2014037891 of the Jefferson County Real Property Records and in west right-of-way line of N. Major Drive (FM 364); THENCE North N 03°00'06" West along the east line of the said 3.80 acre tract and the west right-of-way 'line of N. Major Drive (FM 364), a distance of 84.50 feet to a POINT FOR BEGINNING. Page 1 Field Note Description 140273 Exc.Waterline Esmt. THENCE along the following courses and distances comprising the herein described easement: West, a distance of 1.50 feet to a point for corner; 1) South 86°59'54" West, a distance of 6.89 feet to a point for corner; 2) North 48°00'06" West, a distance of 5.81 feet to a point for corner; 3) South 86°59'54" West, a distance of 376.45 feet to a point for corner; 4) North 49°47'55" West, a distance of 38.81 feet to a point for corner; 5) North 40°12'05" East, a distance of 226.87 feet to a point for corner 6) North 86'59'54" East, a distance of 260.42 feet to a point for corner in the east line of said 3.80 acre tract and in the west right-of-way line of N. Major Drive (FM 364); THENCE South 03°00'06" East along the east line of said 3.80 acre tract and the west right-of-way line of N. Major Drive (FM 364), a distance of 10.00 feet to a point for corner; THENCE continuing along the following courses and distances comprising the herein described easement: 8) South 86°59'54" West, a distance of 1.50 feet to a point for corner; 9) South 03000'06" East, a distance of 12.40 feet to a point for corner; 10).. South 86°59'54" West, a distance of 29.07 feet to a point for corner; 11) North 03000'06" West, a distance of 10.00 feet to a point for corner; 12) North 86°59'54" East, a distance of 19.07 feet to a point for corner; 13) North 03°00'06" West, a distance of 2.40 feet to a point for corner; 14) South 86°59'54" West, a distance of 230.12 feet to a point for corner; 15) South 03°00'06" East, a distance of23.67 feet to a point for corner; 16) South 86°59'54" West, a distance of 10.00 feet to a point for corner; 17) North 03°00'06" West, a distance of 23.67 feet to a point for corner; 18) South 86°59'54" West, a distance of 4.47 feet to a point for corner; 19) South 40°12'05" West, a distance of 196.40 feet to a point for corner; 20) South 49°47'55" East, a distance of 21.34 feet to a point for corner; 21) South 40012'05" West, a distance of 10.00 feet to a point for corner; 22) North 49°47'55" West, a distance of 21.34 feet to a point for corner; 23) South 40°12'05" West, a distance of 6.14 feet to a point for corner; 24) South 49°47'55" East, a distance of 24.85 feet to a point for corner; 25) 'North 86°59'54" East, a distance of 160.90 feet to a point for corner; 26) -North 03°00'06" West, a distance of 21.61 feet to a point for corner; 27) North 86°59'54" East, a distance of 10.00 feet to a point for corner; 28) South 03°00'06" East, a distance of 21.61 feet to a point for corner; 29) North 86°59'54" East, a distance of 205.74 feet to a point for corner; 30) South 48000'06" East, a distance of 5.81 feet to a point for corner; 31) North 86`59'54" East, a distance of 2.74 feet to a point for corner in the east line of Page 2 Field Note Description 140273 Eac.Waterline Esmt. said 3.80 acre tract and the west right-of-way line of N. Major Drive (FM 364); THENCE South 03°00'06" East with the east line of said 3.80 acre tract and the west right-of-way line of N. Major Drive (FM 364), a distance of 10.00 feet to the PLACE OF BEGINNING, containing 0.228 acre (9,951 sq. ft.) of land, more or less. This description is based on a Boundary Survey prepared by Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782, on Feburary 5, 2018. T. Eq�` f9 .......................... FAUST F. .. RICHARD ............. Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Page 3 EJ RA1EN %/ 18WE EASOIW E C—LC. QwCH� et ux CRES (CCF. NO. 9101745) BUILDING 3 W E 20a I 10' mum ESN! -- N �v 1I l ------------- l BUILDINGS BUILDING 4 / CNHAT PHUC LE—::::' 4.981 ACRES (CCF. Na 20140J7891 L-1 L&M First Mutual Investments, LLC Multi -Family Development 4575 North Major Drive Beaumont, _Texas z', orf v t �✓ Oc r� r, r� J J. f f 1 4575 North Major Drive, ,r/ f t10mindrive-home J� `o J ,'F Q z 93toneleigh on Major 9. r � Breakwater -Bay Apartments West E' d Lodge — -- --Apartments " -- - -- - - -- — -- - -- z. Eagles Landing WesthavenDr_ -- WesthavenDr— z Trace at North Major ° E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 6, 2018 REQUESTED ACTION: Consider a resolution authorizing the City Attorney to bring suit to compel the filing of hotel occupancy tax reports and to collect hotel occupancy taxes due the City of Beaumont by Divine Beaumont Hospitality, LLC, individually and d/b/a Executive Inn. BACKGROUND State law gives to the City of Beaumont authority to levy a tax not to exceed seven percent (7%) of the cost of occupancy of any room or space paid for in a hotel. The hotel or its representative is required to collect the occupancy tax, timely file with the City a monthly report showing the taxes collected and remit such taxes monthly to the City of Beaumont. The City of Beaumont has enacted Chapter 18, Article 18.03, Sections 18.03.001 through 18.03.007, of the Code of Ordinances to address hotel occupancy taxes. State law also gives to the City authority to bring suit against the person who has failed to file the monthly report. Further, state law gives to the City authority to bring suit against the person who has collected and failed to pay the tax to the City when due. At the same time, authority is given to enjoin the person from operating a hotel until the report is filed and the tax is paid in full. Executive Inn at 4085 IH -10 South in Beaumont has failed to file its hotel occupancy tax reports with the City since at least January 2017. Further, Executive Inn is delinquent in the remittance of the current hotel occupancy taxes collected for the period of time of at least January 2017, through the present, including penalties and interest. Request is hereby made to bring suit to compel the filing of hotel occupancy tax reports and collect delinquent hotel occupancy taxes due the City of Beaumont by Divine Beaumont Hospitality, LLC individually and d/b/a Executive Inn. FUNDING SOURCE Potentially recoverable revenue, amount unknown at this time. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby authorized to file and prosecute a lawsuit against Divine Beaumont Hospitality, LLC d/b/a Executive Inn, Beaumont, Texas, to compel the filing of hotel occupancy tax reports and to collect delinquent hotel occupancy taxes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 6, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a lease agreement with David Derharoutian for EMS Med 4. BACKGROUND EMS Med 4 has operated at 8155 Phelan Blvd., an 800 square foot facility, since April 2004. The current lease will expire on March 31, 2018. The Landlord has agreed to a new three-year lease with the rental rate remaining the same at $1,357.08 per month, or $16,284.96 annually. The new lease will begin on April 1, 2018 and end on March 31, 2021. All other provisions of the lease will remain the same. All. utilities and minor maintenance of the facility, such as the air conditioning filter replacement and grounds maintenance, will be paid by the City. The lease includes a provision that allows either party to terminate the lease with thirty (3 0) days' written notice. A copy of the proposed lease in its substantial form is attached for your review. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVE/D BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a three (3) year Lease Agreement, substantially in the form attached hereto as Exhibit 'A" in the amount of $1,357.08 per month with David Derharoutian (Landlord) for the use of property located at 8155 Phelan Boulevard, Beaumont, Texas, for EMS Med No. 4. The new lease would begin April 1, 2018, and end on March 31, 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames - j5t AIOSk� 4�I�I18- 3/3i /j] TEXAS ASSOCIATION OF REALTORS COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OFTHE TEXAS ASSOCIATION OF REALTORS® IS NOTAUTHORIZED. c17Texas Assoclatlon of REALTORS®, Inc. 2014 No. Paragraph Description Table of Contents f No. Paragraph Description 1. Parties.......................................................... 2 2. Leased Premises ........ .:.............. ................. 2 3. Term Casualty Loss ............................................... 12 A. Term ...................................................... 2 Attorney's Fees.............................................12 B. Delay of Occupancy ............................... 2 Representations ........................................... C. Certificate of Occupancy ........................ 3 4. Rent and Expenses 13 Notices......................................................... A. Base Monthly Rent ................................. 3 14 B. Additional Rent ....................................... 3 14 C. First Full Month's Rent ........................... 3 D. Prorated Rent ......................................... 3 E. Place of Payment ................................... 3 F. Method of Payment ................................ 3 G. Late Charges ....................... .......... I ... I... 4 H. Returned Checks ................................... 4 5. Security Deposit ........................................... 4 6. Taxes............................................................ 4 7. Utilities.......................................................... 4 8. Insurance...................................................... 5 9. Use and Hours ............................................. 6 10. Legal Compliance ......................................... 6 11. Signs............................................................ 6 12. Access By Landlord ...................................... 7 13. Move"ln Condition.........................................7 14. Move -Out Condition ..................................... 7 15. Maintenance and Repairs A. Cleaning ................................................. 7 B. Conditions Caused by a Party ................8 C. Repair & Maintenance Responsibility ❑ 8 D. Repair Persons ...................................... 8 E. HVAC Service Contract ......................... 9 F. Common Areas ...................................... 9 G. Notice of Repairs ........................ .... 9 H. Failure to Repair .................................... 9 16. Alterations.................................................... 9 17. Liens............................................................. 9 18. Liability......................................................... 9 19. Indemnity...................................................... 10 20. Default.......................................................... 10 21. Abandonment, Interruption of Ufilities, Removal of Property & Lockout ....................10 22. Holdover....................................................... 10 23. Landlord's Lien & Security Interest ...............11 24. 25. 26, 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Assignment Assignment and Subletting ........................... 11 Relocation.................................................... 11 Subordination ............................................... 11 Estoppel Certificates & Financial Info ...........11 Casualty Loss ............................................... 12 Condemnation .............................................. 12 Attorney's Fees.............................................12 Representations ........................................... 12 Brokers......................................................... 13 Addenda....................................................... 13 Notices......................................................... 13 Special Provisions ........................................ 14 Agreement of the Parties .............................. 14 ADDENDA & EXHIBITS {check all that apply) Exhibit Exhibit Commercial Lease Addendum for Broker's Fee (TAR -2102) Commercial Lease Addendum,for Expense Reimbursement (TAR -2103) Commercial Lease Addendum for Extension Option (TAR -2104) Commercial Lease Addendum for Percentage Rent (TAR -2106) Commercial Lease Addendum for Parking (TAR -2107) Commercial Landlord's Rules and Regulations (TAR -2108) Commercial Lease.Guaranty (TAR -2109) Commercial Lease Addendum for Right of First Refusal (TAR -2105) Commercial Lease Addendum for Optional Space (TAR -2110) Commercial Lease Addendum for Construction (TAR -2111). or (TAR -2112) Commercial Lease Addendum for Contingencies (TAR -2119) Information About Brokerage Services (TAR -2501) (TAR -2101) 4-1-14 initialed for Identification by Landlord: , and Tenant: Page 1 of 15 G. W, PROPERTIES, 1102 LONGBBIJ,OW DR. BBAUM1IONTTX 77706 Phone: 409-6Td-6313 FeX 409.692.3454 SISSPHELAN (Celli Maness Pfoduced wilh zlpForm40 by zlpL N 1aO7D Fifteen Mlle Road, Reser, &Uchigan 48028 :..::%''E. p _l;I9XDw EXHIBIT "A" TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO IS NOT AUTHORIZED. ®Texas Assoclatton of REALTORS®, Inc, 2014 1. PARTIES: The parties to this lease are: Landlord: DAVID DERHAROUTIAN ; and Tenant: CITY OF BEAUMONT att: KYLE HAYS 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the "leased premises," along with all its improvements (Check only one box): ❑ (1) Multiple -Tenant Propel: Suite or Unit Number containing approximately square feet of rentable area in (project name) at (address) in (city), Texas, which is legally described on attached Exhibit_ ❑X (2) Single -Tenant Property: The real property containing approximately rentable area at: 8166 PHELAN (county), or as follows: square feet of (address) in BEAUMONT (city), JEFFERSON (county), Texas, which is legally described on attached Exhibit C. WILLIAMS or as follows: ABSTRACT 69 TR 72-A SP -6 BLOCK 18 B. If Paragraph 2A(1) applies: (1) "Property" means the building or complex In which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. The rentable area ❑ will ❑ will not be adjusted if re -measured. 3. TERM: A. Term: The term of this lease is 36 months and -0- days, commencing on: APRIL 1, 2018 (Commencement Date) and ending on MARCH 31, 2021 (Expiration Date). B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially (TAR -2101) 4-1-14 Initialed for Identification by Landlord: , and Tenant: Page 2 of 15 Produced YAth idpFotm® by zIpLcgix 18070 fifteen MRs Road, Fraser. Mlfiigan 48026 MfflMJtU9I r.oum 8I55 PHELAN 8155 PHELAN Commerclal Lease concerning: BEAUMONT, TEX 77704 complete or a prior tenants holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenants holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available -to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. C. Certificate of Occupancy: Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit NIA or as follows: Dates Rate per rentable s uare foot (optional), Base Monthly From To $ Monthly Rate $ Annual Rate Rent $ 04/0112098 03/3112021 I rsf / month I rsf I year 1,367.08 / rsf I month I rsf I year I rsf l month I rsf / year / rsf / month I rsf I year / rsf I month / rsf / year B. Additional RentJ: In� addition to the base monthly rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): (1) Commercial Lease Addendum for Expense Reimbursement (TAR -2103) (2) Commercial Lease Addendum for Percentage Rent (TAR -2106) (3) Commercial Lease Addendum for Parking (TAR -2107) (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. C. First Full Month's Rent: The first full monthly rent is due on or before APRIL 01, 2018 D. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. E. Plage of Payment: Tenant will remit all amounts due to Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: DAVID DERHAROUTiAN c/o STACY TYWATER Address: BEAUMONT AREA FEDERAL CREDIT UNION F. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any (TAR -2101) 4-1-14 initialed for Identification by Landlord: and Tenant: Page 3 of 15 Produced with ApForrn® by zipLoglx 18070 RRean Mile Rand, Fmcer. Michigan 49026 www.ApLonbr,00m 8155 PHELAN 8155 PHELAN Commerclal Lease concerning: BEAUMONT, TEX 77704 check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. G.Late e-a-FeRt-payment at the-do6igeated plaee of payee, t Land not6waM- — ` Shall be controlled by-13hapter 225�11 t. se of the exas G v rnment o each check Tenant tenders to Landlord H. Returned C�iecl s: �enant will pay 25.00 which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay $ -0- to Landlord as a security deposit. B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C: Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of Tenant's forwarding address, Landlord will refund the security deposit. less any amounts applied toward amounts owed by Tenantlor other charges authorized by this lease. 6. TAXES: Unless otherwise, agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) (1) Water (2) Sewer (3) Electric (4) Gas (5) Telephone (6) Internet (7) Cable (8) Trash (9) (10)AII other utilities Landlord Tenant ' X X X X X HXXX Li u u B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service provider except that if Tenant selects the provider, any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay (TAR -2101) 4-1-14 Initialed for Identiflcation by Landlord: , and Tenant: Page 4 of 15 Produced WM *Ferm® by ripLeglx IBM Mean Mlle Road, Fraser. Mlridgan 48026 YMMY zloUghr mm BISSPH&LAM 8155 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After -.Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the leased premises. (Check one box only.) ❑ (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. ❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC services to the Teased premises during other hours for an additional charge of $ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. (3) Tenant will pay for the HVAC services under this lease. 8. INSURANCE: City is self insured. See"Attachment "A". effect from an insurer authorized to operate in Texas: ublic liability insurance - naming Landlord as an additional insured with policy limits an o rrence basis in a minimum amount of: (check only (a) or (b) below) H(a) $ , 0,000; or (b) $2,00 , 0. if neither box is ecked the minimum amount will be $1,000,000. (2) personal property age insurance for the business operations be' conducted in the leased premises and contents ' the leased premises in an amount su ient to replace such contents after a casualty loss; and ❑ (3) business interruption insurance icient to pay 12 B. Before the Commencement Date, Tenant st provi evidencing the required coverage. If the ins�ance a over degree at any time this lease is in effect, ant st, change, provide Landlord a copy of an in certifi C. If Tenant fails to maintain the re red insurance in full effect, Landlord may: rent payments; indlord with a copy of insurance certificates ge is renewed or changes in any manner or not later than 10 days after the renewal or Levidencing the renewal or change. effect at all times this lease is in (1) purchase insurance will provide Landlord the same coverage Tenant must lm lately reimburse Landlord for such expense; or (2) exercise La rd's remedies under Paragraph 20. required insurance and D. Unless t arties agree otherwise, Landlord will maintain in full force and effect insura for: (1) fire and ended coverage in an amount to cover the reasonable replacement cost of the imps ents of roperty; and (2) any, public liability insurance in an amount that Landlord determines reaso ble _ and appropriate E. If there is an increase in Landlord's Insurance -premiums for the leased premises or Property or its contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this lease Is in effect, pay Landlord the increase immediately (TAR -2101) 4-1-14 Iniflaled for identification by Landlord: , and Tenant Page 5 of 15 eiss PEMAN Produced YAtli zlpFonrOby zfpLoglx 18070 FMeen We Road. Fraser, mmigan aeons www.zlpl.Q ll 8155 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be equal to the actual amount of the increase in Landlord's insurance premium. 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: EMERGENCY MEDICAL SERVICE FOR THE CITY OF BEAUMONT, INCLUDING STORAGE OF EMERGENCY UNITS AND LIVING QUARTERS FOR EMPLOYEES. B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the industry.in which Tenant represents it operates. C. The Property maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of weekends and holidays): 24 HOURS A DAY 7 DAYS A WEEK 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises or the Property to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials,' wastewater, waste disposal, air emissions, or other environmental matters. (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satin itself that the leased premises may be used as Tenant intends by independently investigating all matters related to the use of the leased premises or Property. Tenant agrees that It is not relying on any warranty or representation made by Landlord Landlord's agent or any broker concerning the use of the leased premises or Property. 11. SIGNS: A. Tenant may not post or paint any signs or place any decoration outside the leased premises or on the Property without Landlord's written consent. Landlord may remove any unauthorized sign or decorations, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign or decorations. (TAR -2101) 41-14 initialed for Identification by Landlord: , and Tenant: Page 6 of 15 Produced WIIh zlpFom &by ApLo9lx 18070 Mean We Road, Fraser, NUftan 48026 mnwzWLQ h=^ -m sm PREIAN I/ 8158 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 r B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. C. By providing written notice to Tenant -before this lease ends, Landlord may require Tenant, upon move - out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs or decorations that were placed on the Property or leased premises by or at the request of Tenant. Any signs or decorations that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12. ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenants normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 30 days of this lease, Landlord may place a "For Lease" or similarly worded sign on the leased premises. 13. MOVE -IN CONDITION: Tenant has Inspected the leased premises and accepts it in its present (as -is) condition unless expressly noted otherwise in this lease or in an addendum. Landlord and any agent have made no express or Implied warranties as to the condition or permitted use of the leased premises or Proporly. 14. MOVE -OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY:. A. At the time this lease ends, Tenant will surrender the leased premises in the same condition' as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. if Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move - out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 15. MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord X Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the property type. Tenant will maintain any grease trap on the Property which Tenant uses, including but not limited to periodic (TAR -2101) 4-1-14 Initialed for identification by Landlord: , and Tenant: Page 7 of 15 Produced wOh zlpFarm® by zlpLoglx 18070 Fifteen Mile Road, Freser, Michigan 48026 wwwzipLGU1l5, 3155 PHEI.AN 8156 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 emptying and cleaning, as well as making any modification to the grease trap that may be necessary to comply with any applicable law. B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises (if any). The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified Items, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) Landlord e n (1) Foundation, exterior walls, roof, and other structural components ..... X (2) Glass and windows............................................................................. X (3) Fire protection equipment................................................................... X (4) Fire sprinkler systems........................................................................ (5) Exterior & overhead doors, including closure devices, molding, locks, and hardware........................................................................... ❑ ❑ 0 (6) Grounds maintenance, including landscaping and irrigation systems.............................................................................................. ❑ ❑ 0 (7) Interior doors, including closure devices, frames, molding, locks, andhardware...................................................................................... X (8) Parking areas and walks..................................................................... X (9) Plumbing systems, drainage systems and sump pumps .................... X (10) Electrical systems, mechanical systems ............................................ X (11) Ballast and lamp replacement............................................................ X (12) Heating, Ventilation and Air Conditioning (HVAC) systems ................ X (13) HVAC system replacement................................................................. X (14) Signs and lighting: ............................................................................... (a) Pylon............................................................................................. X (b) Facia............................................................................................. X (c) Monument..................................................................................... X (d) Door/Suite..................................................................................... X (e) Other: ............. X (15) Extermination and pest control, excluding wood -destroying insects. X (16) Fences and Gates.............................................................................. X (17)Storage yards and storage buildings .................................................. X (18) Wood -destroying insect treatment and repairs ................................... X (19) Cranes and related systems............................................................... X (20) (21) (22)All other items and systems........................................................... D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. (TAR -2101) 4-1-14 Initiated for Identification by Landlord: , and Tenant , Page 8 of 15 Produced with zlPFonn® by zlPl-uglx 18070 Ftflmn Mlle Road, Fraser, Mlchtgan 480213 www,0Loolx.mm 8155 PEE AN 8155 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(12), Tenant XX is is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and Tenant will reimburse Landlord for the expense of such maintenance and service contract or Landlord may exercise Landlord's remedies under Paragraph 20. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that sudh change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and regulations. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies. G. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Repair: Landlord must make a repair for which Landlord Is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter (including making any penetrations to the roof, exterior walls or foundation), improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be, encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. 18. LIABILITY: To the extent permitted by Landlord is NOT responsible to Tenant or Tenant's employees patrons guests or invitees for any damages, injuries. or losses tQ person or proper y caused by: (TAR -2101) 4-1-14 initfaled for Identiticatlon by Landlord: , and Tenant Page 9 of 15 Produced YAM zlpfunnV by zlpLcglx 18070 Fifteen We Road, Fraser, M"an 48026 -m• zW.Qgj = 6155 PFDZLAN 8155 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 A. an act omission. or neglect of: Tenant: Tenant's agent• Tenant's guest; Tenant's employees,• Tenant's patrons' Tenant's invitees' or any other tenant on the Property B. fire, flood water leaks ice snow, hail winds explosion smoke, riot strike interruption of utilities theft, burglary, robbery, assault vandalism other persons environmental contaminants or other occurrences or casualty losses w�l� be xes�gnsibl� fog 19.1NDEMNiTY: Each party `� , any property damage. personal injury, suits actions liabilities damages cost of repairs or service to the leased premises or Property or any other loss caused negligently or gtherwis�y that para or that pady's employees, patrons, guests. or invitees caused 20. DEFAULT: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If, however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default If the cure is commenced within the 30 -day period and is diligently pursued. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. C. If Tenant is in default, Landlord may, NEI a,g4jqg. a rovid d e a law. m ccelerate all rents which are payable during the remainder of this lease .or any renewal ' d. Landlor 11 attemt to mitigate any damage or loss caused by Tenant's breach by using mercialiy reasonable m sl'If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) Landlord's cost of re the leased premises, including brokera es, advertising fees, and other fees necessary to vele leased premises; (3) repairs to the leased premises for beyond normal we d tear; (4) all Landlord's costs associated with ev n of Te , such as attorney's fees, court costs, and prejudgment interest; (5) all Landlord's costs associated with c on of such as collection fees, late charges, and returned check charges; (6) cost of removing any of To s equipment or fixtures left on th sed premises or Property; (7) cost to remove an sh, debris, personal property, hazardous terials, or environmental contaminants I y Tenant or Tenant's employees, patrons, guests, o ' itees in the leased premises roperty; (8) cos replace any unreturned keys or access devices to the leased premises, parka reas, or operty; and 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock -out" of Tenant. 22. HOLDOVER: If Tenant falls to vacate the leased premises at the time this lease ends, Tenant will become a tenant -at -will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease. Tenant will (TAR -2101) 4-1-14 initialed for Identification by Landlord: , and Tenant: Page 10 of 15 Pioduced with zipFomWrl by zipLvvtX 18070 FBleea We Road, Fraser, Michigan 48026 wwwszJpoalx.cam 6165 PHELAN 8155 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 Indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover period will beof the base monthly rent plus any additional rent calculated on a daily basis and will be immediatelypue and payable daily without notice or demand. 100 23. , ie !eased or the PfaBe4v. This lease a seeuNty e e fi�rrrZ� irt�ro r-�c(a e—�Le9£3 -6 1 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment. of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. if Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATiION: ❑ A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold Improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant`s office equipment required by the relocation, and printing companies for reprinting Tenants stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. (] B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the . Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased premises or the Property; and (6) the rights of any owners' association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non -disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this lease and Tenant's rights under this lease are recognized by the lien -holder. we r, •-.vim=��� -�-5-1 Wy 111 .1 M 111 ter. 001 Wr0WL"r'Yw �f�1�1 ��Pll�y/lV V• t ■ -0Z snp-T 1 -74 - (TAR -2101) ' - (TAR-2101) 4-1-14 Initialed for ldentiflcation by Landlord: , and Tenant Page 11 of 15 produced WM 71pFunaby zlpLoghc 18070 FMan WW Rued, Fraser, WhIgan 48D26 vrvnv.ztVLQgt c corn 8165 FE MLALN 8166 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 B. 09 days afteic Feeelpt ef a writtefl request fFeFR 6andleFd, T-eigant will provide to I=amd!eFd "(ba{Eiliee sheet. and rirn-viit). 11��:anellepd may�+eqtiest the n +r z—�'nurrirrs^ 28. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially.the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. 29, CONDEMNATION: if after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such -proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. 30. Fela+ ,d + the + r .-1 +: 71, .+ +L.I.. i6 enfitled—ftienn_rsi/p�,pXpi,� f .a a A party's entitlement to attorney fees shall be controlled by Tdxas law. 31. REPRESENTATIONS: A. Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized fo sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. B. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the (TAR -2101) 4-1-14 Initialed for identification by Landlord: , and Tenant: Page 12 of 15 Prodtraed wnh ziPFom* by z1PLoB1X 18070 Fifteen Mlle Road, Fraser. Mlddgan 48026 WWW2; L sirs PEMLAN 8155 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 health or safety of an ordinary person, except: C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and Blocked person will indemnify and hold harmless any other person who relies on this representation and who suffers any claim, damage, loss, liability or expense as a result of this representation. 32. BROKERS: A. The brokers to this lease are: - Principal Broker: Agent: KELLI MANESS Address: 1102 LONGFELLOW DRIVE, SUITE 2 BEAUMONT, TEXAS 77706 Phone & Fax: (409)673-6333 E-mail; kbmaness0hotmall.com License No.: 418588 Cooperating Broker: Agent: Address: Phone & Fax: E-mail: License No.: Principal Broker: (Check only one box) Cooperating Broker represents Tenant. X represents Landlord only. represents Tenant only. Is an Intermediary between Landlord and Tenant. B. Fees: X❑ (1) Principal Broker's fee will be paid according to: (Check only one box). X (a) a separate written commission agreement between Principal Broker and: XJ Landlord ❑ Tenant. ❑ (b) the attached Commercial Lease, Addendum for Broker's Fee (TAR -2102). ❑2) Cooperating Broker's fee will be paid according to: (Check only one box). (a) a separate written commission agreement between Cooperating Broker and: F1 Principal Broker❑ Landlord [Tenant. ❑ (b) the attached Commercial Lease Addendum for Broker's Fee (TAR -2102). 33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. 34. NOTICES: All notices under this lease must be in writing and are effective when hand -delivered, sent by mail, or sent by facsimile transmission to: Landlord at: DAVi6DERHAROUTIAN Address: 8114 HIGH TERRACE, SUGAR LAND, TEXAS 77479 (TAR -2101) 4-1-14 Initialed for Identificatlon by Landlord: , and Tenant: Page 13 of 15 Produced w8h zlpFomdB by zlpLoglx 18M FMeen Wa Road, Fraser, Mchlgan 48026 WMAZpLoatcoom 8155 PRELAN 8155 PHELAN Commercial Lease concerning: BEAUMONT, TEX 77704 Phone: (409)361-9255 Fax: and a copy to: DAVID DERHAROUTiAN Address: e-mail: david.derharoutianCaD-t-online.de Phone: (281)343-5866 Fax: ❑ Landlord also consents to receive notices by e-mail at: Tenant at the leased premises, and a copy to: Address: Phone: ❑ Tenant also consents to receive notices by e-mail at: 35. SPECIAL PROVISIONS: MONTHLY RENTS TO BE MAILED TO: STACY TYWATER BEAUMONT AREA EDUCATORS FEDERAL CREDIT UNION P.O. BOX 751 BEAUMONT, TEXAS 77704 Fax: ALL IMPROVEMENTS TO 8165 PHELAN WILL STAY WITH PROPERTY. TENANT RESPONSIBLE FOR CARPET AND ELECTRICITY TO CARPORT. IF EXISTING CARPET IS REMOVED iT IS TO BE REPLACED. EITHER PARTY MAY TERMINATE THIS LEASE BY PROVIDING A THIRTY DAY WRITTEN NOTICE, 36. AGREEMENT OF PARTIES: A. Entire Agreement: This lease contains the entire agreement between Landlord and Tenant and may not be changed except by'written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the panties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. [Venue and jurisdiction for all disputes shall be exclusively in Jefferson Count and none other.!] E. Severable Clauses: if any clause in this lease Is round invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non -enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. (TAR -2101) 4-1-14 initialed for Identification by Landlord: , and Tenant Page 14 of 15 Pruducadwith zlpForrt@byApLogix 18070Milan MlloRoad,Fraser,M1rhlgan48026 SbawzlgLnalx.eom 9155PEOUAN 8156 PHELAN Commercial Lease concerning: BEAUMONT TEX 77704 G. Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lock -out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. I. Time: Time is of the essence. The parties require strict compliance with the times for performance. Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies, environmental assessments, tax advice, or compliance inspections. The parties should seek experts to render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing. Landlord:r)AVID DERHAROUTIAN Tenant: CITY OF BEAUMONT t By: ` By (signature): Printed Name: Trtle: By: By (signature): Printed Name: Title: (TAR -2101) By: Date: By: Date: By (signature): Printed Name: yVi tr >layeS Title: t,,,' t- zm=nagezr Date: By'(signature): Printed Name: Title: Date: Page 15 of 15 Produced w8h zlpForm® by zlpLoghc 18070 FIRM We Road, Fraser, AMchklan 48026 m&,AyzloL%dx cam sirs PHELAN �.:Attachment >eaeaa n=n U';i:b'ti i:1[xas City of Beaumont February 14, 2018 TO WHOM IT MAY CONCERN: The City of Beaumont is currently self-insured for all lines of coverage normally made available under the Texas Business Auto Policy. Comprehensive and collision accidents are paid as normal operating expenses. The City has a self-insured trust fund from which it pays all auto and general liability claims. The City currently purchases insurance for real and personal property. All real and personal property are protected by all risk type coverage including flood. Real and personal property are subject to a $50,000 deductible. If we can be of further assistance to you or provide you with additional information, please do not hesitate to contact, us. MM/rw Very truly yours, 7x /� Matthew Martin, AIC, ARM Liability Administrator Legal Department • (409) 880.3715 • Fax (409) 880-3121 P,O. Box 3827 • Beaumont, Texas 77704 3827 BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 6, 2018 1:30 PM 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 a resolution approving an annual contract with LD Construction, Inc. for the placement of hot mix asphaltic concrete pavement for street rehabilitation proj ects 2. Consider a resolution approving an annual contract with LD Construction, Inc. for milling asphaltic concrete pavement for street rehabilitation projects 3. Consider a resolution authorizing the City Manager to award a bid to F & L Coatings and Concrete, LLC, for the Sanitary Sewer Manhole Rehabilitation Work Order Contract COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Enterprise Rent -A Car Impact Waste, LLC Interflow Factors Corporation v. Valory Barnett, Individually and dba PCLC Landscape Management and the City of Beaumont, Texas; No. 130641 Consider matters related to appointment, employment, evaluation, reassignment, duties, disciplin Jor dismissal of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: Councilmember-At-Large position vacated by Gethrel "Get" Williams - Wright Jimmy Hamm, Chief Magistrate Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 March 6, 2018 Consider a resolution approving an annual contract with LD Construction, Inc. for the placement of hot mix asphaltic concrete pavement for street rehabilitation projects BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 6, 2018 REQUESTED ACTION: Council consider a resolution approving an annual contract with LD Construction, Inc. for the placement of hot mix asphaltic concrete pavement (HMAC) for street rehabilitation projects. Bids were requested for a one-year contract for the placement of hot mix asphaltic concrete (HMAC) pavement. HMAC is used for repairing and repaving large street sections. The vendor will provide the equipment and manpower to lay the asphaltic concrete according to City specifications with the materials being supplied by the City. Five vendors were notified, with one bid being submitted. Specifications allow for a one-year contract with the option of two renewals of one-year extensions at the same pricing as the awarded contract. The total estimated bid for twelve (12) months is $1,712,000. Bid tabulation attached. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract, with two (2) additional options to renew for'one (1) year terms at the same pricing as the awarded contract, for placement of hot mix asphaltic concrete pavement (HMAC) for repairs to large street sections in the Street Rehabilitation Program; and, WHEREAS, LD Construction, Inc., of Beaumont, Texas, submitted a bid as described and in the estimated amounts as shown in Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction, Inc., of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by LD Construction, Inc., of Beaumont, Texas, for a one (1) year contract, with two (2) additional options to renew for one (1) year terms, for placement of hot mix asphaltic concrete pavement (HMAC) for repairs to large street sections in the Street Rehabilitation Program as described and in the estimated amounts as shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, Inc., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor. Becky Ames - BEAUM©NT TEXAS CITY OF BEAUMONT - PURCHASING DIVISION Terry Welch, Senior Buyer 409-880-3107 to rry. we I c h C- be a u m o nttexas. p ov BID TABULATION: Annual Contract for Hot Mix Asphaltic Concrete Pavement Placement BID No.: TF0118-16 OPENING DATE: Thursday, February 22, 2018 Vendor City State LD Construction Beaumont Tx ITEM Est. Qty (Sq. Yds.) Price Per Sq. YD. Total Price Asphaltic Concrete Pavement Placement ; Placement of 1 1/2" HMAC 0-1,200 sq. yds. 35,000 $2.20 $77,000.00 Placement of 1 1/2" HMAC 1,201-3,600 sq. yds. 35,000 $2.00 $70,000.00 Placement of 1 1/2" HMAC over 3,600 sq. yds. 140,000 $2.00 $280,000.00 Placement of 1 1/2" to 3" SMA 50,000 $5.00 $250,000.00 Placement of 2" HMAC 0-1,200 sq. yds. 5,000 $2.20 $11,000.00 Placement of 2" HMAC 1,201-3,600 sq. yds. 5,000 $2,20 $11,000.00 Placement of 2" HMAC over 3,600 sq. yds. 10,000 $2.20 $22,000.00 Placement Level Up 0-1,200 sq. yds. 40,,000 $2,20 $88,000.00 Placement Level Up' 1,201-3,600 sq. yds. 40,000 $ 2.20 $88,000.00 Placement Level Up over 3,600 sq. yds. 150,000 $2.20 $330,000.00 Street Radius 10,000 $3.50 $35,000.00 Driveways 10,000 $6.00 $60,000.00 Concrete 6" to 8" thick 31000 $65.00 $195,000.00 Concrete > 8.01" thick 3,000 E $195,000.TOTAL FOR ALL SES $1,712,000.00 NO RESPONSE: Gulf Coast An Old Castle Co., Allco, Inc, CMM Construction, BO -MAC LD.Construction is the low qualified bidder. 5 F- M m 2 X LU 2 March 6, 2018 Consider a resolution approving an annual contract with LD Construction, Inc. for milling asphaltic concrete pavement for street rehabilitation projects BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 6, 2018 REQUESTED ACTION: Council consider a resolution approving an annual contract with LD Construction, Inc. for milling asphaltic concrete pavement for street rehabilitation projects. BACKGROUND Bids were requested for a one-year contract for milling hot mix asphaltic concrete (HMAC) pavement on designated street projects in preparation for new pavement to be placed. HMAC is used for repairing and repaving large street sections. Five vendors were notified, with one bid being submitted. Specifications allow for a one-year contract with the option of two renewals of one-year extensions at the same pricing as the awarded contract. The total estimated bid for twelve (12) months is $570,000. This is a new contract with no prior history. Bid tabulation attached. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. C RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract, .with two (2) additional options to renew for one (1) year terms at the same pricing as the awarded contract, for planing and texturing of hot mix asphaltic concrete pavement (HMAC) in preparation for new pavement to be placed for repairs to large street sections in the Street Rehabilitation Program; and, WHEREAS, LD Construction, Inc., of Beaumont, Texas, submitted a bid as described and in the estimated amounts as shown in Exhibit 'A" attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction, Inc., of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by LD Construction, Inc., of Beaumont, Texas, for a one (1) year contract, with two (2) additional options to renew for one (1) year terms, for planing and texturing of hot mix asphaltic concrete pavement (HMAC) in preparation for new pavement to be placed for repairs to large street sections in the Street Rehabilitation Program as described and in the estimated amounts as shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, Inc., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames - QCAII►IO%I►IT CITY OF BEAUMONT - PURCHASING DIVISION Terry Welch, Senior Buyer T E X A S 409-880-3107 terry.welch(a)beaumonttexas.gov BID TABULATION: Annual Contract for Planing and Texturing Asphaltic Concrete Pavement BID No.: TF01 18-17 OPENING DATE: Thursday, February 22, 2018 Vendor LD Construction C.ity State Beaumont, Tx Planing and'Texturing Asphaltic Conc�ee Pavement ITEM Days Priiccee,Per Total Price Planing/Texturing HMAC on Flexible Base 1-1/2" to 3" 30 $9,500.00 $285,000.00 Planing/Texturing HMAC on Concrete 1-1/2" to 3" 30 $9,500.00 $285,000.00 TOTAL FOR ALL SECTIONS $570,000.00 NO RESPONSE: Gulf Coast An Old Castle Co., Allco, Inc, CMM Construction, BO -MAC LD Construction is the low qualified bidder. 25 La C- 3 March 6, 2018 Consider a resolution authorizing the City Manager to award a bid to F & L Coatings and Concrete, LLC, for the Sanitary Sewer Manhole Rehabilitation Work Order Contract BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 6, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to F & L Coatings and Concrete, LLC, for the Sanitary Sewer Manhole Rehabilitation Work Order Contract. BACKGROUND As part of the City's Sanitary Sewer Overflow Initiative, the Sanitary Sewer Manhole Rehabilitation Work Order Contract will be used to rehabilitate existing manholes by coating the inside walls with concrete liners, performing frame to manhole sealing, and by adjusting/resetting defective manholes. On March 1, 2018, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Two (2) bids were received as indicated in the table below: Contractor Location Total Base Allowance Total Award Bid Amount F & L Coatings and League City, Concrete, LLC TX $293,700.00 $30,000.00 $323,700.00 T Gray Utility Company Houston, TX $298,595.00 $30,000.00 $328,595.00 Engineer's Estimate $244,750.00 $30,000.00 $274,750.00 Based on a review of the bids received, the Water Utilities Division recommends awarding the project to F & L Coatings and Concrete, LLC, the low bidder, in the amount of $323,700.00. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. BID TABULATION Sanitary Sewer Manhole Rehabilitation Work Order Contract (Rebid) Bid No. WU0118-10 BID OPENING DATE: Thursday, March 1, 2018 - oP." The Bid Proposals submitted have been reviewed and to the best of my knowledge this Is an accu aabulation o he bids received. ff : /lT �•y Y PHI D. N6u .'N B�Nguy.n, ter ties Engineer Date: 0302016 �af'csNSE°�� �is�oNgw ITEM NUMBER QUANTITY DESCRIPTION Bid Schedule F & L Coatings and Concrete, LLC League City, TX Monique Ferrle Bid Adjustment Factor 1.20 T Gray Utility Company Houston, TX Marcus Tamez Bid Adjustment Factor 1.22 ITEM NO. 1 ITEM NO. 2 ITEM NO. 3 ITEM NO. 4 ITEM NO. 5 ITEM NO. 6 ITEM NO. 7 ITEM NO. 8 ITEM NO. 9 ITEM NO. 10 ITEM NO. 11 1 10 20 20 36 95 20 700 30 60 30 BASE BID ITEMS Mobilization, Including payment bond, performance bond, Insurance and moving equipment to project. Barricades, S gns and Traffic Handling Adjust/Reset Manhole with New Frame and Cover Up to One Foot In Paved Areas Adjust/Reset Manhole with Existing Frame and Cover Up to One Foot In Paved Areas Adjust/Reset Menhole with New Frame and Cover Up to One Foot In Unpaved Areas Adjust/Reset Manhole with Existing Frame and Cover Up to One Foot in Unpaved Areas Adjust/Reset Manhole, Excess Over One Foot Rehabilitation of Manhole by V Thick Concrete Uner Approved Mix Design (Including Bench Work) Manhole Inserts Frame to Manhole Seal Rehabilitation of Manhole Benches and Inverts (only when constructed without wall Ming) BASE BID QUANTITIES TOTAL UNIT PRICE $ 101000.00 $ 250.00 $ 750.00 $ 600.00 $ 550.00 $ 400.00 $ 100.00 $ 150.00 $ 200.00 $ 400.00 $ 500.00 TOTAL $ 10,000.00 $ 2,600.00 $ 15,000.00 $ 12,000.00 $ 19,260.00 $ 38,000.00 $ 2,000.00 $ 105,000.00 $ 6,000.00 $ 20,000.00 $ 15,000.00 $ 244,750.00 UNIT PRICE $ 12,000.00 $ 300.00 $ 900.00 $ 720.00 $ 660.00 $ 460.00 $ 120.00 $ 180.00 $ 240.00 $ 480.00 $ 800.00 TOTAL $ 12,000.00 $ 3,000.00 $ 18,000.00 $ 14,400.00 $ 23,100.00 $ 45,600.00 $ 2,400.00 $ 126,000.00 $ 7,200.00 $ 24,000.00 $ 18,000.00 $ 293,700.00 UNIT PRICE $ 12,200.00 $ 305.00 $ 915.00 $ 732.00 $ 671.00 $ 488.00 $ 122.00 $ 183.00 $ 244.00 $ 488.00 $ 610.00 TOTAL $ 12,200.00 $ 3,050.00 $ 18,300.00 $ 14,640.00 $ 23,485.00 $ 46,360.00 $ 2,440.00 $ 128,100.00 $ 7,320.00 $ 24,400.00 $ 18,300.00 $ 298,596.00 ITEM NO. 1 1 Junforseen Works as Directed by the Owners $ 30,000.00 $ 30,000.00 TOTAL $ 274,760.00 $323,700.00 $328,695.00 Required Forms Checklist (Page 13) YES YES Bid (Page 16) YES YES Acknowledged Addendum 1 WA NIA Bid Schedule (Page 19-20) YES YES Bid Summery (Page 22) YES YES Corporate Resolution (Page 24) YES YES Bid Bond (Page 25) YES YES Information Required of Bidder (Page 26-28) YES YES Conflict of Interest Questionnaire (Page 29-30) YES YES Statement of City Charter Provision on Conflict of Interest (Page 31) YES YES Insurance Requirement Affidavit (Page 46) YES YES Schedule of MBE Participation (Page 54) YES YES RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the Sanitary Sewer Manhole Rehabilitation Work Order Contract; and, WHEREAS, F & L Coatings and Concrete, LLC, of League City, Texas, submitted a complete bid meeting specifications in the amount of $323,700.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by F & L Coatings and Concrete, LLC, of League City, i Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to F & L Coatings and Concrete, LLC, of League City, Texas, in the amount of $323,700.00 to furnish all labor, materials, equipment, and supplies for the Sanitary Sewer Manhole Rehabilitation Work Order Contract; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with F & L Coatings and Concrete, LLC, of League City, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of March, 2018. - Mayor Becky Ames -