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Home My WebLink AboutPACKET NOV 20 2018BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS - NOVEMBER 20, 2018 1:30 PM CONSENT AGENDA Approval of minutes — November 13, 2018 * Confirmation of board and commission member appointments A) Authorize the City Manager to execute Change Order No. 4 to the contract with MK Constructors related to the Northwest Parkway Project B) Authorize the City Manager to execute a Ground Lease Agreement with SET Aviation, LLC for property located at the Beaumont Municipal Airport C) Authorize the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant LO BEAUMONT, TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: November 20, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4 to the contract with MK Constructors related to the Norwest Parkway Project. I i :_ • ►_ : 11►11 On October 18, 2016, by Resolution No. 16-203, City Council awarded a contract to MK Constructors, of Vidor, Texas for the Construction of Northwest Parkway (from Major Drive to Parkdale Mall Loop) Project in the amount of $12,109,789.38. Previous Change Order Nos. 1-3, in the amount of $27,163.94 resulted in an increase to the original contract amount making the new contract amount $12,136,953.32. Proposed Change Order No. 4, in the amount of $27,500.00, is required due to drainage runoff from the undeveloped property bordering Northwest Parkway to the north. The change order will provide for additional drainage improvements to direct the surface runoff from the adjacent property to nearby catch basins and minimize the potential for ponding water on the roadway. If approved, the new contract amount will be $12,164,453.32. FUNDING SOURCE Beaumont Municipal Airport Oil and Gas Revenue. RECOMMENDATION Approval of the resolution. CITY OF BEAUMONT DATE: NOVEMBER 13, 2018 PROJECT: CONSTRUCTION OF NORTHWEST PARKWAY (FROM MAJOR DRIVE TO PARKDALE MALL LOOP) PWO516-13 OWNER: CITY OF BEAUMONT CONTRACTOR: - , BDS CONSTRUCTORS LLC (DBA MK CONSTRUCTORS) CHANGE ORDER NO.: FOUR (4) THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Addition of one (1) pay item to allow for changes necessary to address drainage runoff entering City ROW from adjacent property. ITEM NO. ITEM CODE DESCRIPTION UNIT ORIGINAL QUANTITY NEW QUANTITY UNTr PRICE CHANGE ORDER AMOUNT TOTAL PERCENT CHANGE ORDER TO DATE: 0.45% DRAINAGE IMPROVEMENTS AT POINTE PARKWAY S 12,164,45332 c'! G�� Nsoz> ACCEPTED BY: PREPARED BY: 110 9999 INTERSECTION INCLUDING DRAINAGE DITCH INSTALLATION, IS 0 1 $ 27,500.00 $ 27,500.00 CATCH BASIN MODIFICATIONS, 18" RCP WITH S.E.T. & SITE RESTORATION TOTAL AMOUNT ADDED TO THE CONTRACT $ 27,500.00 NO CALENDAR DAYS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: $ 12,109,78938 NET FROM PREVIOUS CHANGE ORDERS: S 12,136,95332 TOTAL AMOUNT OF THIS CHANGE ORDER: S 27,500.00 PERCENT OF THIS CHANGE ORDER: 0.23% TOTAL PERCENT CHANGE ORDER TO DATE: 0.45% NEW CONTRACT AMOUNT: S 12,164,45332 c'! G�� Nsoz> ACCEPTED BY: PREPARED BY: BDS CONSTRUCTORS LLC (DBA NIK CONSTRUCTORS) CHACE MANN, PROJECT MANAGER 4 RECOMMENDED BY: ✓ PBM AM, P.E., PUBLIC W SDI CTOR APPROVED BY: ATTESTED BY: KYLE HAYES, CITY MANAGER TINA BROUSSARD, CrrY CLERK CITY OF BEAUMONT DATE: OCTOBEIL26, 2018 PROJECT: CONSTRUCTION OF NORTHWEST PARKWAY (FROM MAJOR DRIVE TO PARKDALE MAIL LOOP) PWO516-13 OWNER: CITYOFBEAUMONT ' CONTRACTOR:, BDSWNSIRUCfORSLI.C(DBAMKCONSTRUCTORS) CHANGE ORDER NO.: THREE (3) i THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Addition of one (1) pay item to allow for changes necessary for canstruction. 1TEMNO. STEMCODa DESCRIPTION UNIT ^ORIGINAL 7.'.,, D1 NO CALENDAR DAYS HAVE BEEN ADDED TO THE CONTRACf BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: S 12,109,78938 NET FROM PREVIOUS CHANGE ORDERS: S 12,127,410.62 TOTAL AMOUNT OF THIS CHANGE ORDER S 9,$42.70 PERCENT OF THIS CHANGE ORDER: 0.08 TOTAL PERCENT CHANGE ORDER TO DATE: 032 NEW CONTRACT AMOUNT: S 12.136553.32 ACCEPTED BYE PREPARED RYt RDS CONSTRUCTORS LLC OM MK CONSTRUCTORS) C&CM RAM, PROJRCTMMUGER RECOMMENDED BY: DA' EPR! DALANL P. E, PORUC RECTOR APPROVED BY, iCYL6 UAYES,CITYbEeUGER TBLA BROUSSARD. QTY CLERK a� �R CITY OF BEAUMONT DATE: MARCH 12, 2018 I PROJECT: CONSTRUCTION OPNORTHWEST PARKWAY (FROM MAJOR DRIVE TO PARKDALE MALLLOOP)PWO516-13 OWNER: CITY OF BEAUMONT .CONTRACTOR: . BDS CONSTRUCTORS LLC (DBA MK CONSTRUCTORS) CHANGE ORDER NO.: TWO (2) THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Addition of pay items and adjustment of quantitiesto reflect changes necessary for construction ITEMNO. ITEMCODE DESCRIPTION UNIT CURRENT QUANTITY NEW UNIl'PRICE CHANGE ORDER QUANTITY AMOUNT 104 2015 REMOVING CONC SIDEWALKS SY 197.0 69A $ 14.00 $ 1,785.84 260 2006 UME TRT PW MATL 6 SY 70 979.0 70,282.57 S 3.00 $ 089.29 260 2043 LME , COM OR K SLURR TON 1149.7 1,146.11 S 194.00 S 696.4 276 2170 CEM TRT LNT CLL AOR 2 SY 19,787354 9,358.06 $ 12.00 S 125 151.53 276 2171 CEM TRT LNT CLL AGR 2)(6-)(6%) CO 1 SY 50 34.161 59,58238 $ 13.15 $ 121,614.08 400 2005 CEM STABIL BKFL CY 8,996.5 9,037.38 $ 55.00 S 2,248.40 402 2001 TRENCH EXCAVATION PROTECTION LF 12 870.0 12,036.0 S 1.00 $ 834.00 416 2002 IDRILL SHAFT 24 IM LF 424.0 430.0 $ 166.00 $ 996.00 464 2005 IRC PIPE CL 24 ) LF 2,305.0 2,275.0 $ 51.00 $ (1,530.00) 464 2006 IRC PIPE CL 7 LF 356.0 - $ 79.00 S (28,124.00 464 2007 IRC PIPE CL 30 LP 1,869. 2225.0 $ 79.00 S 26,124.00 464 2009 RC PIPE CL 36 IF lv329.0 1,331.0 $ 94.00 $ 188.00 464 2013 IRC PIPE CL 60 LF 40.0 28.0 $ 205.00 S 2,460.00 496 2007 REMOV STR IP LF 329:0 274.0 $ 25.00 S 1,375.00 506 2004 IROCK FILTER DAMS STALL 4 LF 1 85.0 113.0 $ 56.00 $ 1,568.00 506 2009 ROCK FILTER DAMS O LF 1 85.0 113.0 S 9.00 $ 251DO 666 2024 REFL PAV MRK TY I M 6" SLD 100MIL LF 1 4.929.0 1,006.0 $ 1.00 $ 3 23.00 666 6036 REFLPAV MRKTYI 8" SLD IDOMIL CO2 LF 4X8.33 S 1.50 $ 6,387.50 666 2054 R13FL PAV MRK TY I(W) (ARRO100MIL) EA 4.0 5.0 $ 139.00 $ 139.00 666 2190 PAVEMENT SEALER 6" LF 4,843.0 1 006.0 S 0.40 $ 1,534.80 666 2191 PAVEMENT SEALER 8" CO 2 LF - 3,948.78 $ 0.45 $ 1,776.95 666 2219 PAVEMENT SEALER(ARROW) EA 4.0 37.0 S 28.00 S 924.00 678 2002 PAV SURF PREP FOR MRK 6' LF 4 843.0 1 006.0 S 0.30 S 1 151.10 678 60D4 PAV SURF PREP FOR MRK S" CO 2 LF 4,0885 S 0.40 $ 1,63540 678 2007 PAV SURF PREP FOR MRK ARRO EA 36.0 37.0 $ 28.00 S 28.00 9999 "'! DUAL WALLPOLYPROPYLENE P PIPE 18 LF 120.0 200.0 $ 39.00 S 3 120.00 c. 9999 DV c�`•�� DUAL WALL POLYPROPYLENE P PIPE 4 LF 120.0 150.0 $ 44.00 S. 1 20.00 1 2 SDR -26 PVC SANITARY SEWER (CO 1) I LF 1 3,950.01 3,976.01 S 36.001 $ 936.00 C-900 PVC (CO 1) L 12" GATE VALVE TOTAL AMOUNT ADDED TO THE CONTRACT I $ 1,754.31 NO CALENDAR DAYS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: $ 12,109,78938 NET FROM PREVIOUS CHANGE ORDERS: S 12,125,65631 TOTAL AMOUNT OF THIS CHANGE ORDER: $ 1,75431 PERCENT OF THIS CHANGE ORDER: 0.0145% TOTAL PERCENT CHANGE ORDER TO DATE: 0.15% NEW CONTRACT AMOUNT: S 12,127,410.62 ACCEPTED BY,. - PREPARED BY: DDS CONSTRUCTORS LLC (DBA MK CONSTBUC roRs) CHATS MANN, PAOJP.Cr MANAGER RECOMMENDED BY: D 0.56Ptl MAJ P.E"PUBLIC O D R APPROVB413Y: KYLE RAM CRY MANAGER ATTESIIDBYt TINABROUSBARD, CITY CLE CITY OF BEAUMONT DATE: OCTOBER26,2017 PROJECT: CONSTRUCTION OFNORTHWEST PARKWAY (FROMMAJORDRIVE TO PARKDALE MAIL LOOP) PWO51(-13 OWNER: CITY OF BEAUMONT CONTRACTOR BDS CONSTRUCTORS LLC (DBA MK CONSTRUCTORS) CHANGE ORDER NO.: ONE (1) UANTITY THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Addition of pay items, adjustment of quantities and addition of calendar days t0 reflect changes necessary for construction. ITEM NO. ITEM CODE DESCRIPTION UNLI I ORIGINALQ NEW UNIT PRICE CHANGE ORDER 61.00 S 343.00 2 12 -INCE SDR -26 PVC SANITARY 58W1Ht QUANTITY UANTITY S AMOUNT 104 2022 REMOVING CONT CURB AND GUTTER LF 329 369 $ 14.00 S 110 2001 EXCAVATION OADWA CY 47,763 26820.00 6 560.00 276 2170 CEMTR LNT CLL A GR2 S. SY 9 46.088.33 S 730 S 12,560.03 276 2171 CEMTR7 CL A OR2 6' fist SY 67 95 19.787.354 S 12.00 S 573,691.75 340 2104 D -GR H 7Y -D SAC -H PO)64.22 TON 50 34.161 S 13.15 S 661894.22 360 1 2026 CONC PAV(JOINT 10' 3,780 738.66 S 120.00 S 64 60.80 360 �� CURB SY 64,587 64763.68 $ 54.00 $ 9,540.72 400 2001 EH STRUCT EXCAV LF 751 843' S 6.00 S 55200 400 2005 CEM STASH' BREL CY 16271 16,360 S 8.00 S 71200 402 2001 EXCAVATION PROTECTION CY 7.633.4 8 996.5 $ 55.00 S 74,97122 464 2003 RC PIPB RCPIPECL I8 LF 7,024 12.870 S 1.00 S 5,846..00 464 2005 RC PIPE(CL24 LF 2.322 454 $ 4&00 S 6,336.00 465- 2006 MANH COMPL JUNCT BO M LF 107 0S S 51.00 S 10098.00 465 2081 INLET' COMPL GRATE 1 EA 10 12 S 6.339,DD S 1 678.00 496 2007 ADJUST RCP DRAINAGE LATERALS- HA LF 14 16 S 3,063.00 S 6.126.00 5D2 2001 BARRICADES SIGNS AND TRAFFIC HANDLING MO 330 S 16.00 S 5,280.00 508 2002 CONSTRULTRNGDETOURS 18 19.667 S 1,204,00 S 006.67 552 2901 INSTALL DRAINAGE DITCH SWING GATE AT STA 24+60 SY LS 3397 3902387 S 50.00 S 25,269.35 552 2902 INSTALL POSTS H -BRACING &BARBED WIRE FENCING IS - 1 S 645.00 S 2,645.00 9000 2903 INSTALL 8 MIL POLYETHYLENE BOND BREAKER 1S 3,124;OD S 3124.00 SY 57,689.38 S 1.97 S 113,648.08 i 6 -INCH SDR -26 PVC SANITARY SEWER LF 1: 816 S 61.00 S 343.00 2 12 -INCE SDR -26 PVC SANITARY 58W1Ht LF 77.8 3950 S 36.00 S- 8352.00 28 MINCH SDR -26 PVC SANITARY SHWERSHALLOW INSTALL LF 447 S 4 REMOVE & REPLACE 4' FIBERGLASS MH> 12' EA 60.00 S 26820.00 6 FURNISH & INSTALL 4' FIBERGLASS MR> 12' EA 2 1 S 17,900.00 S 17 900.00 9 SANITARY SEWER TIE-IN AT MAJOR DRIVE MANHOLE 7 6 S 10,400.00 S S 10 400.00 10198.25 10 SANITARY SEWER ADJUSTMENT INCLSCH. 40 STEEL CASING AT STA. 59+50 _ 1 S 3,000.00 S 3,000.00 11 INSTALL I4'SCH. 40 STEEL CASING FOR SANITARY SEWERAT +4 STA. 51 0 _ 10 S 100 S ,00 1,000.00 12 INSTALL 10' SCH. 40 STEEL CASINO FOR SANITARY SEWER AT STA 31 Dt60 LF _ .0 •S 75.00 $ 750.00 .16 1 FURNISH & INSTALL 12' GATE VALVE & BOX I EA 33 35 1 S 2,035.00 I S 4,070.00 TOTAL AMOUNT ADDED TO THE CONTRACT I S 15,86693 FIFTY (50) CALENDAR DAYS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: S 12,109,78938 NET FROM PREVIOUS CHANGE ORDERS: S TOTAL AMOUNT OF THIS CHANGE ORDER: $ 15,86633 PERCENT OF THIS CHANGE ORDER 0.13 TOTAL PERCENT CHANGE ORDER TO DATE: 0,13 NEW CONTRACT AMOUNT: n / S 12,125,65631 ACCEPTID BY: �j�/ PREPARED BY. ! BDS CONSTRUCTORS LLC (DRAA MK CONSTRUCTORS) CRACE MAMi, PRO)ECr KV"GER RECOMMENDED BYE \ C ZIO:NO TAN, 12. CI INFER ` DR] PB AI .Nr P. Plm 0 DDU3CIOR L L RESOLUTION NO. 17-231 WHEREAS, on October 16, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-203 approving the award of a contract to MK Constructors, of Vidor, Texas, in the amount of $12,109,789.38 for the Northwest Parkway (from Major Drive to Parkdale Mall Loop) Construction Project; and, WHEREAS, Change Order No. 1, in the amount of $15,866.93, is necessary to adjust bid items and quantities in the contract to reflect design changed needed to accommodate field conditions discovered during the course of construction, thereby increasing the total contract amount to $12,125,656.31; 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 Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby increasing the contract amount by $15,866.93, for a total contract amount of $12,125,656.31for the Northwest Parkway (from Major Drive to Parkdale Mall Loop) Construction Project. 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 7th day of November, 2017. U�d. W�i� RESOLUTION NO. WHEREAS, on November 7, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-231 awarding a contract in the amount of $12,109,789.38 to MK Constructors, of Vidor, Texas, for the Northwest Parkway (From Major Drive to Parkdale Mall Loop) Construction Project; and, WHEREAS, on November 7, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-231 authorizing the City Manager to execute Change Order No. 1, in the amount of $15,866.93, to adjust bid items and quantities in the contract to reflect design changes needed to accommodate field conditions and discovered during the course of construction, thereby increasing the total contract amount to $12,125,656.31; and, WHEREAS, on March 12, 2018, the City Manager executed Change Order No. 2, in the amount of $1,754.31.00, for the addition of pay items and to adjust quantities to reflect changes necessary for construction, thereby increasing the total contract amount to $12,127,410.62; and, WHEREAS, on October 26, 2018, the City Manager executed Change Order No. 3, in the amount of $9,542.70, for the addition of one pay item to allow for changes necessary for construction, thereby increasing the total contract amount to $12,136,953.32; and, WHEREAS, Change Order No. 4, in the amount of $27,500.00, is required to provide additional drainage improvements to direct the surface runoff from the adjacent property to nearby catch basins and minimize the potential for ponding water on the roadway, thereby increasing the total contract amount to $12,164,453.32; 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 Manager be and he is hereby authorized to execute Change Order No. 4, in the amount of $27,500.00 for additional work described above, thereby increasing the total contract amount to $12,164,453.32 for the Northwest Parkway (From Major Drive to Parkdale Mall Loop) Construction Project; and, 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 20th day of November, 2018. - Mayor Becky Ames - 1� BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: November 20, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Ground Lease Agreement with SET Aviation, LLC for property located at the Beaumont Municipal Airport. BACKGROUND A request was received by Mr. Joshua Cavett with SET Aviation, LLC, to lease property at the municipal airport for the construction of a personal aircraft storage hangar. Mr. Cavett is proposing to construct an aircraft storage hangar on a 60' x 100' lot with approaches at the Beaumont Municipal Airport. The ground lease agreement, provides for a twenty year term commencing on the 1St of January, 2019 and ending the 31St of December, 2038, and may be renewed for two (2) ten-year terms, beginning January 1, 2039 with the written approval of the Lessor (City) and the Lessee (SET Aviation, LLC) no less than thirty days prior to the end of the current term. Rental terms are indicated in Section 3 — Rent of the lease agreement. All costs associated with the construction of the hangar and the approach is the responsibility of the lessee. Plans and specifications must be approved by the City prior to commencement of construction. The plans must meet all Federal Aviation Administration (FAA) guidelines and local building requirements and are required within one (1) month from the effective date of the agreement. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $300,000 for bodily injury and $100,000 for property damage, and required to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Ground Lease Agreement with SET Aviation, LLC for the construction of a personal aircraft storage hangar at the Beaumont Municipal Airport. Said Ground Lease 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 20th day of November, 2018. - Mayor Becky Ames - STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § GROUND LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Beaumont, Texas a municipal corporation, hereinafter called "Lessor," and SET Aviation, LLC, Joshua Cavett, hereinafter called "Lessee." Lessor and Lessee, for and in consideration of the rents, covenants and agreements herein contained, mutually covenant and agree as follows: 1. LEASED PREMISES 1.1 Lessor leases to Lessee and Lessee hires from Lessor, for the purposes of constructing and operating Aircraft Storage Hangar as provided herein and for no other purpose, those certain premises located on the Beaumont Municipal Airport in the County of Jefferson, State of Texas, containing 6,000 square feet of land, and being more particularly described in Exhibit "A" attached hereto and made a part hereof. 2. TERM 2.1 This lease shall be for a term of twenty (20) years, referred to as the "lease term," commencing on the 1st day of January, 2019, the "effective date," which is 30 days after passage of the resolution authorizing this lease, and ending on the 31 day of December, 2038; subject, however, to earlier termination as hereinafter provided. 2.2 This lease shall terminate and become null and void without further notice on the expiration of the term specified, and any holding over by Lessees after expiration of said term shall not constitute a renewal hereof or give Lessee any rights hereunder in or to the leased premises. SET Aviation, LLC Ground Lease Agreement 1 EXHIBIT "A" 2.3 This lease may be renewed for two (2) ten-year terms, beginning January 1, 2039, with the written approval of the Lessor and the Lessee no less than thirty days prior to the end of the current term. 3. RENT 3.1 Lessee agrees to pay Lessor as rental for the use and occupancy of the leased premises the following sums, subject to adjustment as hereinafter provided: twenty-five cents ($.25) per square foot per year, payable in advance on or before the lst day of January of each year during the term of this lease: The minimum annual during the term of the agreement shall be one thousand, five -hundred dollars ($1,500.00). 3.1.1 For the sixth (61h) through tenth (10th) years of the term hereof, the annual rental shall increase to thirty cents ($.30) per square foot per year. 3.1.2 For the eleventh (11th) through fifteenth (15th) years of the term hereof, the annual rental shall be increased to thirty-five cents ($.35) per square foot per year. 3.1.3 For the sixteenth (16th) through twentieth (201h) years of the term hereof, the annual rental shall be increased to forty cents ($.40) per square foot per year. 3.2 All installments of rent hereunder, when and as the same become due and payable, shall be paid to the City of Beaumont, Cash Management, P.O. Box 3827, Beaumont, Texas 77704, or to such other office or officer of Lessor as the City Manager may designate in writing in advance. 4. CONSTRUCTION BY LESSEES 4.1 Lessee shall be required to erect on the leased premises permanent Hangar(s) containing a minimum of 3,900 square feet of space and paved driveways accessing taxiways. Lessor shall have the right of reasonable approval of plans and specifications for the construction of said building and appurtenances. The building and its appurtenances shall be constructed in accordance with all applicable city, state and federal laws, ordinances, rules and regulations. 4.2 Lessees shall comply with the following construction schedule: 2 SET Aviation, LLC Ground Lease Agreement 4.2.1 Within one (1) month from the effective date of this agreement, Lessees shall furnish the City Manager or his designee detailed plans and specifications for construction of the building and its appurtenances. The City Manager or his designee shall approve or disapprove same. The City Manager or his designee may not unreasonably withhold his approval of the construction plans and specifications. If the City Manager or his designee disapproved the construction plans and specifications, he shall provide lessees a written statement of reasons for this disapproval. 4.2.2 Within two (2) months from the effective date of this agreement, Lessees shall commence construction of said building under a general construction contract requiring completion within twelve (12) months of the date of execution of this agreement. 4.3 No structure, or other improvement, shall be placed on the leased premises which does not comply with the plans, specifications and locations approved by Lessor. Lessees shall make no material addition to or alteration of any structure erected on the leased premises unless and until plans and specifications of the proposed addition of alteration shall have first been submitted to and approved by the City Manager or his designee. 4.4 Construction shall be performed by a contractor(s) licensed by the City of Beaumont to provide the required services. All construction shall adhere to all appropriate federal, state and local laws, regulations, standards, codes ad ordinances. 4.5 The approval by Lessor of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the leased premises and such approval shall not be withheld unreasonably. Such plans and specifications are not approved for architectural or engineering design and Lessor, by approving such plans and specifications, assumes no liability or responsibility for any stricture constructed from such plans or specifications. All plans and specifications must be submitted to the City's Building Code Enforcement Division for review and approval. All applicable permits must be obtained. 3 SET Aviation, LLC Ground Lease Agreement 5. TAXES 5.1 In addition to the rental, Lessees, shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this agreement may be levied on or assessed against the Teased premises and all interests therein and all improvements and other property thereon. Lessees shall pay all such taxes, charges and assessments to the public officer charged with collection thereof before same shall become delinquent, and Lessees agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. 6. UTILITIES 6.1 Lessees shall pay all charges for water, heat, gas, electricity, telephone, sewers, and any and all other utilities used on the leased "premises throughout the term of this lease, including any connection fee and pro -rate charges. 7. USE OF PREMISES 7.1 Lessees shall use the leased premises only for the storage of personal or business aircraft. No other use is permitted without the prior written consent of the City Manager of his designee. The sale or use of alcoholic beverages is prohibited without the prior written consent of the City Manager of his designee. Additionally, Lessees will be allowed to sublet the premises, subject to approval by Lessor. Approvals required hereunder will not be unreasonably withheld. 8. ENCUMBRANCE OF LEASEHOLD ESTATE 8.1 Lessees may, at any time, encumber the leasehold interest, by deed of trust, mortgage, or other security instrument, without obtaining the consent of Lessor, but no such encumbrance shall constitute a lien on the fee title of Lessor, and the indebtedness secured thereby shall at all times be and remain inferior and subordinate to all the conditions, covenants, and obligations of this agreement and to all rights of Lessor hereunder. 8.2 If at any time after execution and recordation in Jefferson County, Texas, of any such mortgage or deed of trust, the mortgagee or trustee therein shall notify Lessor in writing that any such mortgage or deed of trust has been given and executed by Lessees, and shall at the same time furnish Lessor with the address to which it desires copies of notices to be mailed. 4 SET Aviation, LLC Ground Lease Agreement Lessor hereby agrees that it will thereafter mail to such mortgagee or trustee, at the address so given, copies of any and all notices which Lessor may from time to time give or serve upon Lessees under and pursuant to the terms and provisions of this agreement. 8.3 Any lender on the security of the leasehold shall have the right at any time during the term of this agreement: 8.3.1 To do any act of thing required of Lessees hereunder and all such acts or things done and performed shall be as effective to prevent a forfeiture of Lessee's rights hereunder as if done by Lessees; and, 8.3.2 To realize on the security afforded by the leasehold estate by foreclosure or power of sale or other remedy afforded at law, or in equity or by the security documents and to transfer, convey, or assign the title of Lessees f to the leasehold estate created hereby to any purchaser at any such foreclosure sale, and to acquire and succeed to the interest of Lessees hereunder by virtue of any such foreclosure sale. 9. REPAIRS AND RESTORATION 9.1 Lessees, at Lessees's own cost and expense at all times during the term of this lease, agrees to keep and .maintain, or cause to be kept and maintained, all buildings and improvements which may be erected on the leased premises in a good state of appearance and repair, reasonable wear and tear expected. Improvements are to include driveways, constructed ramps or taxiways on or off of leased premises to provide access to public taxiways. Failure to maintain._the buildings and improvements in a good state of appearance and repair shall be considered a default in the performance of the agreement and remedied as in accordance with the provisions of this lease. 9.2 The determination of whether the buildings and improvements are in compliance with the maintenance requirements of this provision shall be the sole discretion of the Lessor. 5 SGT Aviation, LLC Ground Lease Agreement 9.3 ' In the event the building or any building or improvements thereafter constructed on the leased premises is damaged by fire or any other casualty, the Lessees shall have the option to: 9.3.1 Repair, reconstruct or replace the damaged building or improvements, with reasonable diligence, so that the building, to the extent originally constructed by Lessees, is restored to substantially the condition it was in prior to the happening of the casualty; provided, however, that if the commencement, construction; or completion of said repair, reconstruction, or replacement work shall be prevented or delayed by reason of war, civil commotion, acts of God, strikes, governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason beyond the control of lessees, whether similar to any of those enumerated or not, the time for the commencing or completing, or both, of the construction of said building, as the case may be, shall automatically be extended for the period of each such delay. 9.3.2 Remove all structures, improvements, debris and remains and retum the leased premises to its original condition within thirty (30) days of the casualty. If the leased premises are not returned to its original condition within the time specified, Lessor may remove or cause to be removed any remaining structures or debris and return the leased premises to its original state. All costs shall be borne by the Lessees. In addition, the lease shall terminate with no prorate return of any rentals paid. 10. LIENS 10.1 Lessees shall not suffer or permit any mechanics' liens or other liens to be filed against the fee of the leased premises nor against Lessee leasehold interest in the land nor any buildings or improvements on the leased premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Lessees or to anyone holding the leased premises or any part thereof through or under Lessees. 6 SUF Aviation, LLC Ground Lease Agreement 10.2 If any such mechanics' Iiens or materialmen's liens shall be recorded against the leased premises, or any improvements thereof, Lessees shall cause the same to be removed or, in the alternative, if Lessees in good faith desires to contest the same, Lessees shall be privileged to do so, but in such case Lessees hereby agrees to indemnify and save Lessor harmless form all liability for damages occasioned thereby and shall, in the event of a judgment of foreclosure on said mechanics' lien, cause the same to be discharged and removed prior to execution on such judgment. r 11. INSURANCE AND INDEMNFICATION 11.1 Lessees shall indemnify, defend, and hold harmless Lessor, its officers, agents and employees from any and all liabilities, demands, actions, losses, damages and costs, including all costs of defense thereof caused by or arising out of, or in any way related to Lessees's use or occupancy of the leased premises or occurring on the leased premises during the term of the lease or caused by, arising out of, or in any way related to operations conducted by Lessees including claims, liabilities and actions based upon acts, omission, or negligence of the Lessor, its officers, agents, and employees. Upon demand, Lessees shall, at its own expense, defend Lessor, its officers, agents, and employees, through counsel acceptable to Lessor, against any and all liabilities, claims, demand, actions, damages and costs. 11.2 Lessees shall purchase and maintain in full force and effect insurance as provided herein, with the City of Beaumont as a named insured. A certificate of insurance, or a copy of the insurance policies, shall be furnished to Lessor and shall provide that the Lessor shall receive ten days' prior written notice before any change or cancellation of any policy. The limits established herein may be modified by prior written consent of the City Manager or his designee and shall be increased if the Lessor's standards are amended to provide increased limits. COMMERCIAL GENERAL LIABILITY COVERAGE: Bodily injury (each accident): $300,000.00 Property damage (each accident): $100,000.00 7 SET Aviation,11C Ground Lease Agreement 12. SUBLEASES 12.1 Lessees may not sublease or assign any portion of the agreement or any of the premises leased to Lessees, nor shall a foreclosing trustee, lien holder, or mortgagee do so, to any other person, fine, or corporation without the prior consent, in writing, of Lessor, which consent shall not be unreasonably withheld. 13. DEFAULT AND REMEDIES 13.1 Should Lessees default in the performance of any covenant, condition, or agreement in this lease, and such default is not corrected within ten (10) days after receipt of written notice from Lessor to Lessees and any lender as required by Section 8, Lessor may declare this lease, and all rights and interests created by it, to be terminated. Upon Lessor electing to terminate, this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof, and including payment of ground rental beyond that date. Upon such event, Lessees must remove building and improvements constructed and return the leased premises to its original condition within thirty (30) days. Failure to so remove the stricture and improvements results in the Lessor's right to obtain possession and ownership of the building and improvements. Lessor, its agent or attorney, may resume possession of the premises and by such action obtain ownership. The building constructed on the leased premises and may at its option relet the same for the remainder of the term. 13.2 Any termination of this lease as herein provided shall not relieve Lessees from the payment of any sum or sums that shall then be due and payable to Lessor hereunder, or any claim for damages then or theretofore accruing against Lessees hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessees for any default thereunder. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be 8 SEC Aviation, LLC Ground Lease Agreement construed or held to be a waiver of any succeeding or proceeding breach of the same or any other covenant, condition, or restriction herein contained. 14. GENERAL PROVISIONS 14.1 Lessees may not conduct any other aeronautical within or upon the leased premises without the prior written consent of the City Manager or his designee. 14.2 The Lessees for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 14.2.1 No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 14.2.2 That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination. 14.2.3 That the Lessees shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said. Regulations may be amended. 14.3 That in the event of breach of any of the preceding nondiscrimination covenants, Lessor shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 14.4 During the time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, 9 SET Aviation, LLC Ground Lease Agreement and, if such lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 14.5 No right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including but not limited to maintenance, repair, and fueling) that it may choose to perform. 14.6 It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 or for aeronautical activities. 14.7 Lessor reserves the right, in a reasonable and nondiscriminatory manner, to further develop or improve the area of the Airport as it sees fit, regardless of the desires or views of Lessees and without interference or hindrance. 14.8 Lessor shall have the right, but not the obligation, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessees in this regard. 14.9 All hangars, buildings, properties or land on the Airport, shall be maintained in a clean, attractive, weed free, well -painted, junk free condition. Lessor shall ensure that all debris and trash are removed from within and around the leased premises in accordance with all applicable laws or requirements. Lessor is responsible for providing proper trash receptacles and storing such within the hangar. Lessees shall not allow the accumulation of materials, goods, trash or equipment around the exterior of the hangar. Lessees shall maintain cultivated areas in accordance with airport regulations. 14.10 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions together with the right to prevent the erection of any building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 10 SET Aviation, LLC Ground Lease Agreement 14.11 This agreement shall be subordinate to the provisions of any existing or fixture agreement between Lessor and the United States, relative to the operations or maintenance of the Airport. 14.12 Incorporated into this agreement, by reference and as though set forth herein verbatim, are the Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities adopted by the Lessor. Such minimum standards shall be lawful, reasonable and nondiscriminatory. Further, all parties hereto agree to comply with all rules and regulations of the Federal Aviation Administration and the laws of the United States of America, the State of Texas, and all laws, regulations, rules and ordinances of the City of Beaumont as they now exist or may hereafter be enacted or amended, and will not permit the premises covered by this agreement to be used for any unlawfitl or improper purpose. 14.13 The standards and regulations enacted by the governmental agency responsible for the operation of the Airport, now or in the future, may provide for use charges to be paid by those using, occupying, or conducting operations at the Airport. Such charges may be based upon square footage, receipts or other reasonable basis, to be established by such standards and regulations. Lessees agrees to pay such charges as same are due and owing under any such standards or regulations now or hereafter in effect. Any such use charges shall be lawful reasonable and nondiscriminatory. 14.14 Lessor may, on account of the breach of any provision hereof, including the standards and regulations incorporated herein by reference, terminate this agreement and eject the party in violation in accordance with the provisions of this lease. 14.15 The purpose of the lease and the operations to be conducted by Lessees or sub- leesses, and the identity of the premises to be occupied, are set forth in this lease. No other operations, business, or occupancy may be had or done without the additional written consent of the Lessor. 14.16 It is mutually understood and agreed that nothing in the agreement is intended or shall be construed as in any way creating or establishing the relationship or partners or co- partners between the parties hereto, or as constituting the Lessees as an agent or representative of the Lessor for any purposes or in any manner whatsoever. 11 SET Aviation, LLC Ground Lease Agreement 14.17 Lessees shall permit Lessor's agents, representatives, or employees to enter on the leased premises for the purpose of inspection, to determine whether Lessees in compliance with the terms of this lease, for purposes -of maintaining, repairing, or altering the premises, or for the purpose of showing the leased premises to prospective Lessees, purchasers, mortgagees, or beneficiaries under trust deeds. 14.18 No waiver by Lessor of any default or breach of any covenant, condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation hereof. 14.19 This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder is performable in Jefferson County, Texas. 14.20 In case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 14.21 This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 14.22 No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 14.23 Lessees shall not erect, paint or place any exterior signs on the leased premises or the structure placed thereon. 14.24 Only aircraft may be stored in Hangars. No other non -aeronautical equipment, combustible products, or items may be placed there for use or storage. 14.25 Lessees are granted the right to operate from temporary facilities on the leased premises pending occupancy of his permanent structure. 12 SFT Aviation, LLC Ground Lease Agreement 15. OWNERSHIP BUILDING 15.1 Lessor, upon expiration of the term hereof or upon earlier termination of this agreement as provided herein, shall remove or cause to be removed the existing structure and any improvements from the leased premises and return said leased premises to its original condition within sixty (60) days. Lessee may negotiate a group lease renewal for the leased premises. Although, the Lessee is not obligated to enter into any subsequent agreement. 16. APPROVAL OF FAA 16.1 ' The parties recognize that location of Lessee's operation may require amendment of the airport master plan and approval by the Federal Aviation Administration and the Texas Department of Transportation. Lessor agrees to make such amendment as may be necessary and to submit same to said agencies for approval. This agreement is contingent upon such approval, and in the event the amendment shall not be approved, this agreement shall terminate and both parties shall be released from all obligations herein contained. 17. NOTICES 17.1 All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party at the following address: LESSOR City of Beaumont Capital Projects 801 Main St, Room 200 Beaumont, Texas 77701 LESSEE SET Aviation, LLC Joshua Cavett — Member of SET Aviation, LLC 2920 Toccoa Road Beaumont, Texas 77703 13 SET Aviation, LLC Ground Lease Agreement EXECUTED this LESSER: By: Attest: LESSOR: Attest: e'0 -- day of , 20 14 SET Aviation, LLC Ground Lease Agreement CITY OF BEAUMONT By: Kyle Hayes, City Manager By: oshua Cavett, Owner No Text C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: November 20, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant. BACKGROUND On a yearly basis since 1980, the City has contracted with an organization to provide legislative service on the federal level. Mr. Chris Giglio, as the City's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration, and proposed and adopted administrative rules and regulations'which could impact the City of Beaumont's policies or programs. Staff is very pleased with the professionalism and high quality of service provided by Capital Edge. A letter from Mr. Giglio and the proposed contract are attached for your review. The contract amount of $68,400 remains the same as last year. The contract also includes a maximum of $4,000 for reimbursable expenses. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. CapitalEdge November 14, 2018 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: Please consider this a formal request for a twelve-month renewal of our contract with the City for federal lobbying and information services. Our current agreement expires on December 31 -and we do not seek any changes. The past year has been a successful one on several fronts. The tax bill enacted late last year did not include any changes to the tax-exempt status of municipal bonds, thus saving an important financing tool for capital projects. In addition, federal spending increased for -the first. time in several years in areas such as housing, community development, transportation and other domestic discretionary programs that have an impact in the City. And we were pleased to assist the City in advocating for a successful $2.4 million grant from FEMA for a regional interoperable communications system. In the coming year, we hope to continue to assist the City in ensuring the flow of federal assistance and reimbursement in the wake of Hurricane Harvey, securing funding for the construction of the Sabine -Neches Ship Channel, protecting the City from federal preemption of local authority in areas such as telecommunications, drones, and autonomous vehicles, and other City priorities on the federal level. While fiscal reality may ultimately be a sticking point, we do expect there to be a robust conversation about an infrastructure package in Washington next year, and we will continue to work withthe congressional delegation on the development of a plan that recognizes needs in Beaumont, such as repairing local roads and water infrastructure. As always, it has been a pleasure to serve the City of Beaumont in Washington, and we are grateful for your guidance and that of the Mayor and City Council. Please feel free to contact me with any questions you may have about our.services. Sincerely, G1� Christopher F. Giglio AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND CAPITAL EDGE ADVOCACY, INC. 1212 NEW YORK AVENUE, NW - SUITE 250 WASHINGTON,. D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Capital Edge Advocacy, Inc. (hereinafter sometimes referred to as "Consultant'? agree to assume the following obligations. I. Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff, office space, utilities, furnishings, and equipment, common -use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a beating on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont, Texas; C. As Washington Assistant the Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City of those items which may have a beating on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the .performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of Mayors and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; 1 E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner asany other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities 'as determined by the City Manager to be in the best interests of the City; K. In fi'lfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change .in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. 11 Obligations of the City ofBeawnont, Texas A, To advise the Consultant of the name or names of persons other than the City Manager authorized torequest service and the person or persons to be kept advised by the Washington Assistant; r 2 B. To supply the Consultant with a summary of all federal programs in which the City is .participating and advise the Consultant of any new applications filed, together, with pertinent details as to the substance of such applications; C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments, Council ,agenda and proceedings, newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for expenses incurred on behalf of the City pursuant to the duties of Paragraph I as approved by the City Manager subject to the provisions of Paragraph 'IV; III. The City of Beaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement, A. The Consultant. Will not represent commercial or industrial -establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. IV Compensation The cost of service will.be $68,400.00 for twelve months, payable in advance, in equal monthly installments of $5,700.00 commencing on the first day of January 2019. In addition, a maximum of $4,000.00 for reimbursable expenses incurred ;pursuant to Paragraph II, Subparagraph D. 3 V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days' notice in writing of such termination. IN WITNESS WHEREOF: ATTEST a& 0"9 5k- oe-u Christoph F. Giglio, Capital Edge Advocacy, Inc. Kyle Hayes, City Manager 4 DATE RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual agreement with Capital Edge Advocacy, Inc. to serve as the City of Beaumont's Washington, D.C. Assistant in the amount of $68,400.00, with an additional maximum amount of $4,000.00 for reimbursable expenses. 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 20th day of November, 2018. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 20, 2018 1:30 PM KXMIK 171 CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Section 20.03.004 and 20.03.005 of the Code of Ordinances related to Speed Limits and School Zones 2. Consider amending' Section 20.03.003 of the Code of Ordinances to establish speed zone boundaries and the speed limits on Northwest Parkway and Pointe Parkway 3. Consider a resolution approving a contract with Sun Coast Resources, Inc., of Houston, to provide lubricants for use in City vehicles and equipment 4. Consider a resolution approving the purchase of firefighter protective clothing 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 Molette Detrasher 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 November 20, 2018 Consider amending Section 20.03.004 and 20.03.005 of the Code of Ordinances related to Speed Limits and School Zones Je- TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: November 20, 2018 REQUESTED ACTION: Council consider amending Section 20.03.004 and 20.03.005 of the Code of Ordinances related to Speed Limits and School Zones. BACKGROUND Staff is recommending changes to the Speed Limits Decreased in School Zones Section 20.03.004 and School Zone Speed Limits; Time Applicable Section 20.03.005 of the Speed Regulations Ordinance. Recently staff received a request for a school zone for the Bob Hope School on Park North Drive. In reviewing the current ordinance, many errors were discovered with existing school zones. In addition to correcting the errors and adding the new school zone, staff restructured how the zones are listed in the ordinance. Instead of grouping streets by time schedules and then listing by street name we have listed all schools in alphabetical order and then by street name with the time schedule beside each. This should allow for easy location of a school's zones and a better ability to keep everything up to date moving forward. All existing school zone times were checked with the schools for accuracy and corrected if necessary. Times are set so that the zones are active 30 minutes prior to the first activity of the day and extend 15 minutes past the first bell. In the afternoon the zones are active 15 minutes prior to the closing bell and for thirty minutes after the closing bell. The only change to School zone speed limits; time applicable Section 20.03.005 of the Speed Regulations Ordinance is to begin the morning zone 30 minutes prior to the first activity rather than 30 minutes prior to the first bell because of breakfast being served prior to the first bell. FUNDING SOURCE None. RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY ESTABLISHING A SCHOOL ZONE SPEED LIMIT ON PARK NORTH DRIVE AND RESTRUCTURING THE SCHOOL ZONES SPEED LIMIT LIST; AMENDING CHAPTER 20, SECTION 20.03.005(b) BY AMENDING THE APPLICABLE TIME FOR SCHOOL ZONE SPEED LIMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.004 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by establishing a school zone speed limit on Park North Drive and restructuring the school zones list to read as follows: Sec. 20.03.004 Speed limits decreased in school zones It is hereby determined, upon the basis of an engineering and traffic investigation, that the speed permitted by state law upon those streets, or portions of streets, described in the following schedule is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in the following schedule shall be decreased as therein stated and the limits so declared shall be effective at the times specified therein when signs are erected giving notice thereof. In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour for each school zone between the hours below, Monday through Friday on school days: SCHOOL STREET All Saints Delaware Street Episcopal School DIRECTION DESCRIPTION OF TRAVEL E & W From a point 30 feet east of the centerline of Briarcliff Drive to a point 280 feet east of the centerline of West Lucas Drive. SCHEDULE 6:45 am -8:00 am 3:00 pm - 3:45 pm Amelia Elementary Beaumont United High School Beaumont United High School Bingham Head Start Pre -K Bingham Head Start Pre -K Bingham Head Start Pre -K Major Drive Fourth Street Fannett Road (S.H. 124) Florida Avenue Highland Avenue South Kenneth Street N&S 12F�.� N&S E&W N&S N&S Blanchette Lela Street E & W Elementary From a point 50 feet north of the centerline of Braeburn Lane to a point 100 feet north of the centerline of Morgan Lane. From a point 100 feet north of the centerline of Southerland Street to a point 90 feet south of the centerline of Glenwood Avenue. From a point 650 feet west of the centerline of Westmoreland Street to a point 250 feet east of the centerline of Fifth Street. From a point 65 feet west of the centerline of Kenneth Street to a point 375 feet east of the centerline of Highland Avenue. From a point 375 feet north of the centerline of Florida Avenue to a point 375 feet south of the centerline of Florida Avenue. From a point 35 feet south of the centerline of Florida Avenue to a point 50 feet north of the centerline of Winfree Street. From a point 25 feet west of the'centerline of Usan Street to a point 150 feet west of the centerline of Goliad 7:00 am -9:00 am 3:10 pm -4:35 pm 6:30 am -7:35 am 2:25 pm - 3:10 pm 6:30 am -7:35 am 2:25 pm - 3:10 pm 7:15 am -9:00 am 2:15 pm - 3:00 pm 7:15 am -9:00 am 2:15 pm -3:00 pm 7:15 am -9:00 am 2:15 pm -3:00 pm 7:00 am -9:00 am 3:10 pm -4:35 pm Blanchette Elementary & Odom Academy Blanchette Elementary & Odom Academy Blanchette Elementary & Odom Academy Bob Hope School Caldwood Elementary Caldwood Elementary Goliad Street Sarah Street Usan Street Street. N & S From a point 180 feet 7:00 am - 9:00 am north of the centerline & of Lela Street to a point 3:10 pm - 4:35 pm 180 feet south of the centerline of Sarah Street. E & W From a point 250 feet east of the centerline of Usan Street to a point 250 feet west of the centerline Goliad Street. N & S From the centerline of West Virginia Street to a point 50 feet north of the centerline of Lela Street. Park North Drive E & W Berkshire Lane N. Caldwood Drive N&S E&W 7:00am-9:00am 3:1Opm. -4:35 pm 7:00am-9:00am 3:10pm-4:35 pm From a point 1,400 feet 7:00 am - 8:15 am east of the centerline of & Eastex Freeway Feeder 3:45 pm - 4:30 pm Road to a point 160 feet south of the centerline of Sunbird Lane From the centerline of North Caldwood Drive to a point 65 feet north of the centerline of Stratton Lane. From a point 300 feet east of the centerline of East Caldwood Drive to the centerline of Berkshire Lane. 7:00am-8:20 am 3:10pm-4:15 pm 7:00am-8:20 am 3:10pm-4:15 pm Charlton - Pollard Elementary Charlton - Pollard Elementary Charlton - Pollard Elementary Charlton - Pollard Elementary Dishman Elementary Dishman Elementary Dr. Mae E. Jones -Clark Elementary Brooklyn Street Cuniff Avenue Irving Street Jackson Street Champions Drive Walden Road Arthur Street N&S E&W N&S E&W E&W E&W From a point 40 feet north of the centerline of Cuniff Avenue to a point 225 feet north of the centerline of Lincoln Street. From the centerline of Irving Street to the centerline of Brooklyn Street. From a point 50 feet north of the centerline of Cuniff Avenue to a point 50 feet north of the centerline of Schwarner Street. From a point 45 feet west of the centerline of Brooklyn Street to the centerline of Irving Street. From a point 95 feet north of the centerline of Walden Road to a point 220 feet north of the centerline of Laurelwood Street. From a point 500 feet west of the centerline of Champions Drive to a point 500 feet east of the centerline of Champions Drive. E & W From a point 65 feet west of the centerline of Overbrook Lane to the centerline of Cleveland Street. 7:00am-8:20 am 3:10pm-4:20 pm 7:00am-8:20 am 3:10pm-4:20 pm 7:00am-8:20 am 3:10pm-4:20 pm 7:00 am - 8:20 am 3:10pm-4:20 pm 7:00am-8:20 am 3:10pm-3:55 pm 7:00am-8:20 am 3:10 pm -3:55 pm 7:00am-8:20 am 3:10pm-3:55 pm Dr. Mae E. Jones -Clark Elementary Dr. Mae E. Jones -Clark Elementary Dr. Martin Luther King, Jr. Middle School Dr. Martin Luther King, Jr. Middle School Dr. Martin Luther King, Jr. Middle School Dr. Martin Luther King, Jr. Middle School Early College High School Cleveland Street Taft Street Avenue A Avenue C Blanchette Street Craig Austin Street E&W E&W N&S WINIM From a point 225 feet south of the centerline of Ives Street to a point 225 feet north of the centerline of Arthur Street. From a point 220 feet west of the centerline of Cleveland Street to the centerline of Cleveland Street. From a point 250 feet north of the centerline of Blanchette Street to a point 250 feet north of the centerline of Craig Street. From a point 250 feet north of the centerline of Blanchette Street to a point 250 feet north of the centerline of Craig Street. E & W From a point 45 feet west of the centerline of Avenue A to a point 45 feet east of the centerline of Avenue C. E&W N&S From a point 45 feet west of the centerline of Avenue A to a point 45 feet east of the centerline of Avenue C. From a point 170 feet west of the centerline of Driskill Street to a point 30 feet west of the centerline of Eastex Freeway west service road. 7:00 am - 8:20 am 3:10 pm -3:55 pm 7:00 am -8:20 am 3:10 pm -3:55 pm 7:30 am -9:00 am 3:50 pm -4:35 pm 7:30 am -9:00 am 3:50 pm -4:35 pm 7:30 am -9:00 am 3:50 pm -4:35 pm 7:30 am -9:00 am 3:50 pm -4:35 pm 6:30 am -7:35 am 2:25 pm -3:10 pm Ehrhart Fannin Street E & W School Fehl-Price Blanchette Street E & W Elementary Fehl-Price Corley Street E & W Elementary Fletcher Avenue E N & S Elementary Fletcher Avenue F N & S Elementary Fletcher College Street E & W Elementary Fletcher Franklin Street E & W Elementary From a point 450 feet 7:00 am - 8:15 am east of the centerline of & 8th Street to a point 3:00 pm - 3:45 pm 570 feet west of the centerline of 8th Street. From a point 35 feet 7:00 am - 8:20 am east of the centerline of & 6th Street to a point 50 3:10 pm - 3:55 pm feet west of the centerline of Condon Street. From a point 425 feet 7:00 am - 8:20 am east of the centerline of & Eight Street to a point 3:10 pm - 3:55 pm 330 west of the centerline of Eight Street. From a point 200 feet 7:00 am - 8:20 am north of the centerline & of Gilbert Street to the 3:10 pm - 3:55 pm centerline of Gilbert Street. From a point 40 feet 7:00 am - 8:20 am north of the centerline & of Gilbert Street to a 3:10 pm - 3:55 pm point 40 feet north of the centerline of Franklin Street. From a point 40 feet 7:00 am - 8:20 am east of the centerline of & Avenue E to a point 3:10 pm - 3:55 pm 295 feet west of the centerline of Avenue F. From a point 40 feet 7:00 am - 8:20 am west of the centerline & of Avenue E to a point 3:10 pm - 3:55 pm 275 feet west of the centerline of Avenue F. Fletcher Gilbert Street Elementary Fletcher Milam Street Elementary Harmony _. Calder Avenue Science Academy Homer Drive Elementary Homer Drive Elementary John P. Odom Academy Homer Drive White Oak Lane Fourth Street I E&W E&W N&S E&W N&S From a point 35 feet east of the centerline of Avenue F to a point 50 feet west of the centerline of Avenue E. From a point 65 feet east of the centerline of Avenue E to a point 40 feet east of the centerline of Avenue F. From a point 200 feet east of the centerline of Twenty -Fourth Street to a point 445 feet west of the centerline of Twenty -Fourth Street. From a point 40 feet east of the centerline of House Road to the Beaumont Independent School District boundary of Homer Elementary. From a point 40 feet east of the centerline of Lawrence Drive to the Beaumont Independent School District Boundary of Homer Elementary School. From a point 220 feet north of the centerline of West Virginia Street to a point 180 feet south of the centerline of West Virginia Street. 7:00am-8:20 am 3:10pm-3:55 pm 7:00am-8:20 am 3:10pm-3:55 pm 6:45 am - 7:45 am 2:50 pm -3:35 pm 7:00am-8:20 am 3:10pm-3:55 pm 7:00am-8:20 am 3:10pm-3:55 pm 7:00am-9:00am 3:10pm-4:35 pm John P. Odom Academy Legacy Christian Academy W. Virginia Street SH 105 Lucas Pre -K E. Lucas Drive Center Lucas Pre -K Magnolia Center Avenue Marshall Middle School Marshall Middle School Marshall Middle School Dowlen Road Gladys Avenue Westgate Drive E&W I t• I N&S N&S From a point 180 feet west of the centerline of Goliad Street to a point 295 feet west of the centerline of Beale Street. From a point 280 feet east of the centerline of Deerfield Drive to a point 785 feet west of the centerline of Windswept Drive. From a point 420 feet east of the centerline of Windsor Street to a point 325 feet west of the centerline of Windsor Street. From a point 400 feet south of the centerline of Trinidad Street to a point 50 feet south of the centerline of East Lucas Drive. From a point 165 feet north of the centerline of Gladys to a point 300 feet south of the centerline of Westgate. E & W From the centerline of Dowlen Road to a point 175 feet east of Wood Park Street. E & W From a point 100 feet west of the centerline of Ivy Lane to a point 295 feet west of the centerline of Dowlen Road. 7:00am-9:00am 3:1Opin. -4:35 pm 7:00 am - 8:05 am 2:55 pm -3:40 pm 7:00am-8:45 am 2:00pm-4:15 pm 7:00 am - 8:45 am 2:00pm-4:15 pm 7:30 am-9:OOam 3:50 pm -4:35 pm 7:30 am-9:OOam 3:50 pm -4:35 pm 7:30 am-9:OOam 3:50 pm -4:35 pm Martin Magnolia N & S From a point 80 north 7:00 am - 8:20 am Elementary Avenue of the centerline of & Delaware Street to a 3:10 pm - 3:55 pm point 50 south of the centerline of Prince Street. Martin Martin Street E & W From a point 65 feet 7:00 am - 8:20 am Elementary east of the centerline of & Pine Street to a point 3:10 pm - 3:55 pm 50 feet west of the centerline of Taliaferro Drive. Martin Pine Street N & S From a point 50 feet 7:00 am - 8:20 am Elementary south of the centerline & of Pollard Street to a 3:10 pm - 3:55 pm point 30 feet south of the centerline of Hill Street. Pathways Lyle Street E & W From a point 35 feet 6:30 am - 7:35 am Learning east of the centerline of & Center Victoria Street to a 2:05 pm - 2:50 pm point 40 feet east of the centerline of Avenue A. Pathways Orange Street N & S From a point 250 feet 6:30 am - 7:35 am Learning south of the centerline & Center of Emma Street to a 2:05 pm - 2:50 pm point 180 feet north of the centerline of Bolivar Street. Pathways Victoria Street N & S From a point 35 feet 6:30 am - 7:35 am Learning south of the centerline & Center of Lyle Street to a point 2:05 pm - 2:50 pm 220 feet north of the centerline of Bolivar Lane. Paul A. Jaguar Street N & S From the centerline of 6:50 am - 7:55 am Brown South Street to the & Credit centerline of Smart 2:55 pm - 3:40 pm Recovery Street. Center Paul A. Brown Credit Recovery Center Pietzsch- MacArthur Elementary Pietzsch- MacArthur Elementary Pietzsch- MacArthur Elementary & South Park Middle School Regina - Howell Elementary Regina - Howell Elementary South Street Lavaca Street Woodrow Street Highland Avenue Howell Street Regina Lane E&W E&W E&W N&S N&S From a point 250 feet west of the centerline of Oxford Street to a point 300 feet east of the centerline of Jaguar Street. From a point 50 feet west of the centerline of Sullivan Street to a point 50 feet east of the centerline of Lakner Street. From the centerline of Grandberry Street to a point 30 feet west of the centerline of Maddox Street. From a point 150 feet south of the centerline of Nolan Street to a point 50 feet south of the centerline of Clark Street. From a point 50 feet north of the centerline of Derby Street to a point 125 feet south of the centerline of Regina Lane. 6:50 am -7:55 am 2:55 pm - 3:40 pm 7:00am-9:00am 3:10pm-4:35 pm 7:00am-9:00am 3:10pm-4:35 pm 7:OO am - 9:OO am 3:10pm-4:35 pm 7:00am-8:20 am 3:10pm-3:55 pm E & W From a point 275 feet 7:00 am - 8:20 am east of the centerline of & Howell Street to a point 3:10 pm - 3:55 pm 650 feet west of the centerline of Howell Street. Roy Guess Elementary Roy Guess Elementary Griffmg Road E & W From the centerline of 7:00 am - 8:20 am Old Voth Road to a & point 1,005 feet west of 3:10 pm - 3:55 pm Old Voth Road. Old Voth Road Sallie Curtis N. Circuit Drive Elementary Sallie Curtis Peyton Drive Elementary Sallie Curtis Elementary South Park Middle School St. Anne Catholic School Westgate Drive E. Virginia Street Liberty Avenue N&S E&W ONf._�.� E&W From a point 150 feet north of the centerline of Lawrence Drive to a point 100 feet south of the centerline of Griffing Road. From the centerline of Peyton Drive to a point 225 feet east of the centerline of Belvedere Parkway. From a point 50 feet south of the centerline of Wynden Way to the centerline of North Circuit Drive. From the centerline of Peyton Drive to a point 100 feet west of the centerline of Ivy Lane. E & W From the centerline of Highland Avenue to a point 225 feet west of the centerline of Hartel Street. W From a point 50 feet west of the centerline of Eleventh Street to a point 50 feet west of the centerline of Thirteenth Street. St. Anthony Forsythe Street E & W From a point 115 feet Cathedral east of the centerline of Basilica Jefferson Street to a 7:00am-8:20 am 3:10pm-3:55 pm 7:00am-8:20 am 3:10pm-3:55 pm 7:00 am -8:20 am 3:10pm-3:55 pm 7:00am-8:20 am 3:10pm-3:55 pm 7:00am-9:00am 3:10 pm -4:35 pm 6:30 am-8:OOam 2:50 pm -3:40 pm 6:45 am - 8:05 am 2:45 pm - 3:30 pm School Vincent Middle School Vincent Middle School Vincent Middle School Vincent Middle School - Drennan Road Eldridge Drive McLean Street Trojan Drive Westbrook Phelan High School Boulevard point 170 feet west of the centerline of Archie Street. E & W From a point 80 feet east of the centerline of Major Drive to the centerline of Trojan Drive. N&S E&W From a point 45 feet south of the centerline of McLean Street to a point 70 feet north of the centerline of Coburn Drive. From a point 225 feet west of the centerline of Trojan Drive to a point 35 feet east of the centerline of Eldridge Drive. N & S From the centerline of McLean Street to the centerline of Drennan Road. 7:00 am -9:00 am 3:10 pm -4:35 pm 7:00 am -9:00 am 3:10 pm -4:35 pm 7:00 am - 9:00 am 3:10 pm -4:35 pm 7:00 am -9:00 am 3:10 pm -4:35 pm E & W From a point 1,150 feet 6:30 am - 7:35 am west of the centerline & of Major Drive (FM 2:25 pm - 3:10 pm 364) to a point 2,830 feet west of Smart Street. Willie Ray Carlisle Drive N & S From a point 55 feet 7:30 am - 9:00 am Smith south of the centerline & Middle of Concord Road to a 3:50 pm - 4:35 pm School point 40 feet north of French Road. Willie Ray Concord Road N & S From a point 400 feet 7:30 am - 9:00 am Smith north of the centerline & Middle of Carlisle Drive to a 3:50 pm - 4:35 pm School point 225 feet south of the centerline of Pinkston Street. Section 2. THAT Chapter 20, Section 20.03.005(b) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by amending the applicable time for school zone speed limits to read as follows: Sec. 20.03.005.School zone speed limits; time applicable (b) School zone times during the summer session shall be set at thirty (30) minutes prior to the first activity and fifteen (15) minutes after the beginning of the school day, and fifteen (15) minutes prior to and thirty (30) minutes after the end of the school day. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance 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 20th day of November, 2018. - Mayor Becky Ames - 2 November 20, 2018 Consider amending Section 20.03.003 of the Code of Ordinances to establish speed zone boundaries and the speed limits on Northwest Parkway and Pointe Parkway TEXAS TO: City Council FROM: Kyle Hayes, City Manager, PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: November 20, 2018 REQUESTED ACTION: Council consider amending Section 20.03.003 of the Code of Ordinances to establish speed zone boundaries and the speed limits on Northwest Parkway and Pointe Parkway. BACKGROUND The Administration recommends that speed zone boundaries and speed limits be established on Northwest Parkway and Pointe Parkway by amending Section 20.03.003 to read as follows: Street Limits of Zone Direction of Travel Speed Northwest (a) From a point 530 feet west of East and West 35 Parkway the centerline of Old Dowlen Road to a point 850 feet east of the centerline of Old Dowlen Road. (b) From a point 530 feet west of East and West 45 the centerline of Old Dowlen Road to a point 246 feet east of the centerline of FM 364 (Major Drive). (c) From a point 246 feet east of East and West 35 the centerline of FM 364 (Major Drive) to the centerline of FM 364 (Major Drive). Pointe (a) From a point 75 feet north of North and South 35 Parkway the centerline of Folsom Drive to a point 295 feet south of the centerline of Northwest Parkway. November 20, 2018 Northwest Parkway and Pointe Parkway Proposed Speed Boundaries and Speed Limits Page 2 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Ordinance. No Text ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY ESTABLISHING SPEED LIMITS AND SPEED ZONE BOUNDARIES TO THE SCHEDULE FOR NORTHWEST PARKWAY AND POINTE PARKWAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by establishing speed limits and speed zone boundaries to the Schedule for Northwest Parkway and Pointe Parkway to read as follows: Street Limits of Zone Northwest (a) From a point 530 feet west of Parkway the centerline of Old Dowlen Road to a point 850 feet east of the centerline of Old Dowlen Road. (b) From a point 530 feet west of the centerline of Old Dowlen Road to a point 246 feet east of the centerline of FM 364 (Major Drive). (c) From a point 246 feet east of the centerline of FM 364 (Major Drive) to the centerline of FM 364 (Major Drive). Pointe (a) From a point 75 feet north of Parkway the centerline of Folsom Drive to a point 295 feet south of the centerline of Northwest Parkway. Section 2. Direction of Travel Speed East and West 35 East and West 45 East and West 35 North and South 35 That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance 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 20th day of November, 2018. - Mayor Becky Ames - November 20, 2018 Consider a resolution approving a contract with Sun Coast Resources, Inc., of Houston, to provide lubricants for use in City vehicles and equipment BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 20, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Sun Coast Resources, Inc., of Houston, to provide lubricants for use in City vehicles and equipment. BACKGROUND Bids were solicited for a six-month contract to supply approximately 15,960 gallons of various lubricants at fixed costs for use by various City departments in maintaining vehicles and equipment. Specifications allow for a six-month extension upon expiration of the original term at the same pricing as awarded herein. Sun Coast Resources provided the lowest qualifying bid in the amount of $133,454.40. Bids were requested from eight vendors with four responses. Bid tab is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Sun Coast Resources, Inc., of Houston, Texas, submitted a qualified bid in the unit amounts shown on Exhibit 'A" attached hereto, for an estimated total expenditure of $133,454.40; and, WHEREAS, City Council is of the opinion that the bid submitted by Sun Coast Resources, Inc., of Houston, Texas, offers the City the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality 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 Sun Coast Resources, Inc., of Houston, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment for an estimated amount of $133,454.40 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 Sun Coast Resources, Inc., of Houston, 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 20th day of November, 2018. - Mayor Becky Ames - CITY OF BEAUMONT, BEAUMONT, TEXAS BEAUMONT PURCHASING DIVISION BID TABULATION TEXAS Bid Name: SIX (6) MONTH CONTRACT FOR AUTOMOTIVE LUBRICANTS Bid Number. MF1019.01 Bid Opening: Thursday, November 1, 2018 Contact Person: Christy Williams, Buyer 11 ch risty.william s(®beaumonttexas. aov Phone: 409-880-3758 Page 1 Vendor City / State Phone No. TRI -CON, INC. CERTIFIED SUN COAST RESOURCES, INC. LABORATORIES/NCH CORP. BEAUMONT IRVING HOUSTON 409-835-2237 800-627-9919 713-429-6702 Item No. APPROX QTY DESCRIPTION Unit Price Extended Unit Price Price Extended Unit Price Price Extended Price .ENGINE.OIL _._. Item 1 3,200 GAL Engine Oil OW20, 5W20, 1 OW30, 15W-40 (BULK DELIVERIES >250 GALLONS) $ 9.49 $30,368.00 NO BID $ 8.56 $27,392.00 Item 1 3,200 GAL Engine Oil SYNTHETIC BLEND OW20, 5W20, IOW30,15W-40 (BULK DELIVERIES >250 GALLONS) $ 12.59 $40,288.00 NO BID $ 8.56 $27,392.00 Item 2 1,000 GAL Engine Oil OW20, 5W20, l OW30, 15W-40 (55 GALLON DRUMS) $ 9.49 $9,490.00 $ 18.87 $18,870.00 $ 9.56 $9,560.00 Item 2A 1,000 GAL Engine OII SYNTHETIC BLEND OW20, SW20, 1OW30,15W-40 (55 GALLON DRUMS) $ 10.49 $10,490.00 $ 18.87 $18,870.00 $ 9.56 $9,560.00 Item 3 MANUFACTURER AND BRAND BID for Items 1 and 2 above TOTAL Rubia 11117900 Spectra Xtreme Total Quartz Item 3A MANUFACTURER AND BRAND BID for Items 1 a and 2a above TOTAL Rubia SB Spectra Xtreme Total Quartz Item 4 110 GAL En Ine Oil SAE 40 (55 gal drums) $ 4.49$493.90 $ 17.42 $1,916.20 $ 8.74 $961.40 Item 5 MANUFACTURER AND BRAND BID: TOTAL Rubia SB Strata 40 Total Rubla ..: a ... ... _ _. ....N _. ...._ ___ � - }• ' _TRANSMISSION FLUID HYDRAULIC OIG:" �' Item 1 1,300 QT Dexron III uart containers $ 2.53 $3,289.00 NO BID $ 2.98 $3,874.00 Item 2 250 GAL Dexron III bulk deliveries >250 al $4.51 $1 127.50 NO BID $ 8.06 $2,015.00 Item 3 100 GAL Decron 111 (55 al drums) $ 5.07 $507.00 $ 25.87 $2,587.00 $ 9.06 $906.00 Item 4 MANUFACTURER AND BRAND BID for Items 1,2, & 3 above: TOTAL Fluid NA H3 Universal ATF Total Fluid H3 Item 5 100 QT Mercon 5 (quart containers) $ 1.99 1 $199.00 NO BID $ 5.54 1 $554.00 Item 6 MANUFACTURER AND BRAND BID for Item 5 above:: TOTAL Fluid M5 Chevron Mercon 5 Item 7 4,700 GAL Multi-purpose Transmission/ Hydraulic Oil (bulk deliveries >250 al) $ 8.95 $42,065.00 NO BID $ 7.16 $33,652.00 Item 8 500 GAL Multl-purpose Transmission/ Hydraulic Oil (55 gal drums) $ 8.41 $4,205.00 $ 13.07 1 $6,535.00 $ 8.16 $4,080.00 Item 9 MANUFACTURER AND BRAND BID for Items 7 &8 above: TOTAL Dynatrans MP Oil All Xtreme Total Dynatrans MP Item 10 500 GAL Caterpillar TO -4 Compatible Lubricants, SAE 1 OW bulk deliveries > 259gallons) $ 3.99 $1,995.00 NO BID $ 7.75 $3,875.00 Item 11 500 GAL Caterpillar TO -4 Compatible Lubricants, SAE 50 bulk deliveries >250 gallons $ 7.29 $3,645.00 NO BID $ 8.97 $4,485.00 Item 12 275 GAL Caterpillar TO -4 Compatible Lubricants, SAE IOW 55 gal. drum $ 3.99 $1,097.25 $ 18.37 $5,051.75 $ 8.75 $2,406.25 Item 13 275 GAL Caterpillar TO -4 Compatible Lubricants, SAE 50 (55 gal. drum) $ 9.57 $2,631.75 $ 18.37 $5,051.75 $ 9.97 $2,741.75 Item 14 MANUFACTURER AND BRAND BID for items 10-13 above: TOTAL Dynatrans AC Lubemaster TD -4 Total Dynatrans AC Item 15 DRUM DEPOSIT CHARGE: $0.00 non returnable drums $0.00 TOTAL BID $151;891.40 -all Items not bid $58,881.70 $133,454.40 5% Price Differential allowed for local vendors NO BULK DELIVERIES AVAILABLE Ad usted total bid $133,454.40 Recommend awarding to Sun Coast Resources, of Houston, under Local Government Code 271.9051 which allows a 5% price differential to locally owned businesses. Total allowance Is $6,672.72 above low dollar bid. No Response: Apache 011, Matrix Lubricants, Thomas Petroleum, Spldle & Spidle ***See page 2 for Maxx Marka response EXHIBIT "A" Bid Name: SIX (6) MONTH CONTRACT FOR AUTOMOTIVE LUBRICANTS Bid Number: MFI019-01 Bid Opening: Thursday, November 1, 2017 Page 2 Contact Person: Christy Williams, Buyer 11 chdsty.williams(&beaumonftexas.go Phone: 409-880-3758 Vendor. Maxx Marka, Inc City/ State San Antonio, Texas Phone No. 210-368-9248 GI 'E - EN N 0 Item No. Approx. City. Description Type Unit Price Item 1 3,200 gal. Engine Oil OW20,5W20, 1OW30,15W40 (bulk deliveries > 250 gallons) Service Pro OW -20 $9.30 Service Pro 5W-20 $8.48 Service Pro 1OW-30 $9.18 Service Pro 15W-40 $15.77 Item 1A 3,200 gal. Engine Oil SYNTHETHIC BLEND OW20,5W20, 1OW30,15W40 (bulk deliveries > 250 gallons) Service Pro OW -20 NO BID Service Pro 5W-20 $6.03 Service Pro IOW -30 $6.03 Purus CK4 15W-40 $7.82 Item 2 1000 GAL Engine Oil OW20,5W20, 1OW30,15W40 (55 GALLON DRUMS) Service Pro OW -20 $9.75 Service Pro 5W-20 $8.94 Service Pro 10W-30 $9.18 Purus CK4 15W-40 $16.22 Item 2A 1000 GAL Engine Oil SYNTHETIC BLEND OW20,5W20,lOW30,15W40 (55 GALLON DRUMS) Service Pro OW -20 NO BID Service Pro 5W-20 $6.48 Service Pro IOW -30 $6.48 Service Pro 15W-40 NO BID Item 3 Manufacturer and brand bid for Items 1 & 2 above: Service Pro and Purus Item 3A Manufacturer and brand bid for Items 1A & 2A above: Service Pro and Purus Item 4 110 Gal. I Engine Oil SAE 40 (55, gallon drums) No Bid Item 5 Manufacturer and brand bid for Items 4 above: No Bid �ANS TRANSMISSION UJ _.H!DRAULIqb ' 5��Ip Item 1 1,300 qt. Dexron I[] (quart containers) $2.52 $3,276.00 Item 2 250 gal. Dexron III (bulk deliveries >250 gallons) $6.04 $1,510.00 Item 3 100 gal. Dexron 111 (55 gal. drums) $6.04 $604.00 Item 4 Manufacturer and Brand bid for Items 1, 2, & 3 above: Service Pro Item 5 100 qt. IMercon 5 (quart containers) T $11.981 $1,198.00 Item.6 --F- Manufacturer and Brand Bid for Item 5 above: Service Pro Item 7 4,700 gal. [Multi-purpose transmission/hydraulic oil (bulk deliveries > 250 gals) $10.05 $47,235.00 Item 8 500 gal. I Multi-purpose transmission/hydraulic oil (55 gal. drum) $10.501 $5,250.00 Item 9 Manufacturer and Brand Bid for Items 7 & 8 above: Service Pro Item 10 500 gal. Caterpillar TO -4 Compatible Lubricants, SAE 10W (bulk deliveries >250 gals) $14.51 $7,255.00 Item 11 1500 gal. Caterpillar TO -4 Compatible Lubricants, SAE SOW (bulk deliveries >250 gallons) $15.41 $7,705.00 Item 12 275 gal. lCaterpillar TO -4 Compatible Lubricants, SAE 1OW, (55 gal. drum) $14.88 $4,092.00 Item 13 1275 gal. lCaterpillarTO-4 Compatible Lubricants, SAE 50, (55 gal. drum) $15.761 $4,334.00 Item 14 Manufacturer and Brand Bid for Items I0-13 above: Royal Manufacturing Corp. ,Item 15 Drum Deposit Charge: T $25.00 1 ***Vendor did not provide pricing in format requested I November 20, 2018 Consider a resolution approving the purchase of firefighter protective clothing J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 20, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of firefighter protective clothing for use in the Fire Department. BACKGROUND The Fire Department has tested several brands of fire protective clothing over the past several years and has determined that the line from Globe Manufacturing meets all.safety standards and offers the best value to the City. The clothing is made of fire retardant materials to provide protection from.bums and exposure to hazardous chemicals during firefighting operations and protection from blood-borne pathogens. The estimated cost for forty-seven (47) sets of bunker gear is $120,085.00. The purchase of the protective clothing will be from Casco Industries, Inc., who is the exclusive and sole source vendor for Globe Manufacturing. FUNDING SOURCE General 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 award of a contract to Casco Industries, Inc., of Houston, Texas, the sole source for Globe Manufacturing Co. equipment, for the purchase of an estimated quantity of forty-seven (47) sets of fire protective clothing for firefighters at $2,555.00 per set for an estimated total cost of $120,085.00; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Casco Industries, Inc., of Houston, 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 20th day of November, 2018. - Mayor Becky Ames - WORK SESSION * Review and discuss the installation of shade structures at two softball complexes located at the Athletic Complex