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HomeMy WebLinkAbout03/17/2020 PACKETBEAUMONT . REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 17, 2020 1:30 PM CONSENT AGENDA Approval of minutes — March 3, 2020 Confirmation of board and commission member appointments Mary Jane Benning would be appointed as the Humane Society Liaison, to the Animal Care Advisory Committee. The term would commence March 17, 2020 and expire September 30, 2021. (Mayor Becky Ames) Sam Parigi would be appointed as the Resident at Large, to the Animal Care Advisory Committee. The term would commence March 17, 2020 and expire September 30, 2021 A. Approve a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing B. Authorize the City Manager to execute Change Order Nos. 1 and 2, accept maintenance, and authorize a final payment to Allco, LLC C. Approve the purchase of firefighter protective clothing D. Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) awarded to the Beaumont Public Health Department E. Authorize the City Manager to execute Change Order No. 1 to the contract with Infrastructure Management Services, LLC (IMS) F. Authorize the City Manager to execute Change Order No. 1, to the contract with DBS Constructors, LLC d/b/a MK Constructors for the Stoneleigh Apartments Sewer Emergency Repairs G. Authorize the acceptance of a non-exclusive 30' wide Access License located off Erie Street H. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 5945 College Street Authorize the City Manager to execute all related documents for the purchase of a 200 square feet right-of-way for the Washington Blvd Phase 2 Project J. Authorize the City Manager or his designee to execute a Memorandum of Understanding between the City of Beaumont Police Department and the Karyn Purvis Institute of Child Development RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment fl - Mary Jane Benning Sam Parigi Commission Animal Care Advisory Committee Animal Care Advisory Committee Beginning Expiration of Term of Term 03/17/2020 09/30/2021 03/17/2020 09/30/2021 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 17th day of March, 2020. - Mayor Becky Ames - A BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing. BACKGROUND The FY 2019 Budget included the order of a new fire truck and was approved by Council on December 11, 2018, in the amount of $749,488. Due to the long lead time on fire trucks, the financing was included in the FY 2020 Budget. The truck was to be financed over a period not to exceed 5 years. The truck has been received prior to the financing being secured. A reimbursement resolution is warranted in order to allow the City to reimburse itself out of the proceeds of the financing for the truck since payment was required prior to the lease purchase being secured. FUNDING SOURCE The debt proceeds related to this financing was budgeted in the Capital Reserve Fund in the FY 2020 Budget. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont declared an intent to acquire certain equipment as a capital expenditure with reimbursement to be funded from proceeds of a lease purchase agreement. The equipment hereinafter called "PROPERTY" is generally described below: ; and, One (1) Fire Pumper Truck $749,488.00 WHEREAS, the City of Beaumont may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the lease -purchase agreement described below for such expenditures; and, WHEREAS, the City of Beaumont reasonably anticipated that it would make expenditures with respect to the Property in the principal amount not exceeding the amount stated above for which the City may or expects to enter into one or more Lease - Purchase Agreements with a financial institution; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of Beaumont to allow the City to reimburse itself out of the proceeds of the financing for a fire pumper truck if payment is required prior to the lease purchase being secured; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 2. The City of Beaumont expects the City will pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. Section 3. The City of Beaumont hereby declares the City of Beaumont's official intent to use the Lease Purchase Proceeds to reimburse itself for the above described Property expenditures. Section 4. This Resolution shall take effect from and after its adoption. 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 17th day of March, 2020. - Mayor Becky Ames - M BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED. ACTION: Council consider a resolution authorizing the City Manager to execute Change Order Nos. 1 and 2, accept maintenance, and authorize a final payment to Allco, LLC. BACKGROUND On March 20, 2018, by Resolution 18-067, City Council awarded a contract to Allco, LLC, of Beaumont, in the amount of $865,830.93 for the Wastewater Treatment Plant Sludge Thickener Rehabilitation Project. Proposed Change Order No. 1, in the amount of $9,167.00, is attached for your review. Proposed Change Order No. 2, has no dollar amount and will add 187 calendar days to reflect total days used for the completion of the project. The project has been inspected by Schaumburg & Polk, Inc. and Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance and final payment in the amount of $43,749.90 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 18-067 WHEREAS, the City of Beaumont solicited bids for the Wastewater Treatment Plant Sludge Thickener Rehabilitation Project; and, WHEREAS, Allco, LLC, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $865,830.93; and, WHEREAS, the City Council is of the opinion that the bid submitted by Allco, LLC, 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 City Council hereby approves the award of a contract to Allco, LLC, of Beaumont, Texas, in the amount of $865,830.93 to furnish all labor, materials, equipment, and supplies for the Wastewater Treatment Plant Sludge Thickener Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Allco, LLC, 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 20th day of March, 2018. •Mayor B4cky Ames March 2, 2020 Ms. Averi DeVault City of Beaumont 1350 Langham Road Beaumont, Texas 77704 Re: Wastewater Treatment Plant Sludge Thickener Rehabilitation Bid No. WU1118-06 Dear Ms. DeVault, �P1 [EfVG1........ ��EiT1�L�1Ti? This letter is intended to serve as our written certification that the above referenced project has been completed, and to the best of our knowledge, the work has been constructed in accordance with the plans, specifications, and approved change orders. If you need any additional information, please call. Sincerely, SCHAUMBURG & PO LK, INC. Jeffrey G. Beaver P.E., cc: Mr. Billy Patterson, Allco, LLC TCEQ Beaumont, Region 10 File — City of Beaumont —1117 — Const Correspondence APPROVALOFCONTRACT CHANGE PROJECT. City of Beaumont, Texas Wastewate"rTreatment Plant Sludge Thickener Rehabilitation - WU1118-06 OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Allco, LLC PO Box 3684 Beaumont, Texas 77707 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Adjust the final contract time. ORIGINAL CONTRACT AMOUNT: CHANGE ORDER No. ONE (1) TOTAL REVISED CONTRACT AMOUNT CONTRACTTIME Original Contract Time: Change Order No. One (1) Additional Time for Rain Days approved through September 25, 2019 Additional Time for approval of bypass pumping (COIi1) Additional Time for equipment delivery REVISED CONTRACTTIME CHANGE ORDER No. Two (2) & Final DATE: January 30, 2020 $ 865,83093 $ 9,167.00 $ 874,997.93 320 calendar days 43 calendar days 14 calendar days 28 calendardays 102 calendar days 507 calendar days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: a rg & Ik Inc. City of Beaumont Allco, L C ngineer Owner Contractor Date: 2'Zo Date: Date: d,2 ` D 7 - Page 1 of 1 M EFILE COPY Work Directive Change No. Two 2 Dale of Issuance: JUIV 18, 2019 Effective Dale: July 18, 2019 Mint Owner: Bid Item 14 owner's contract No.i VMTP Sludge Thickener Rehabilitation City of Beaumonl, Texas wt11118.08 Contractor. Remaining Allowance= $19,174.00 Date of Contract: Allen, L.L.C. April 18, 2018 Purpose for Work Change blractive: To remove two existing 8- drain valves for the east thlckener and Install two new 8° valves. You are directed to proceed promptly with the following change(s): lam No. Doscription Bid Item 14 Furnish labor and equipment only to remove and replace the two eldsflng 8° drain valves for the east sludge thickener. Payment for the work will be $4,002,00, and will be made under the allowance for Miscellaneous Improvements. Request for2 additional calendar day will be considered under future change order. Initial Allowance d 425,000.00, less WDC, No. 1= $1,764.00, less WDG No. 2 = $4,062.00 Remaining Allowance= $19,174.00 Attachments (list documon(s supporting change): July 16, 2019 letter and attachments from Billy Patterson, Allco, L.L.C. Change in Contract Price and Contract Times: Contract Mco S 0.00 (Inoreaseldoom se) Contract Time g (Inereaseldeerease) days If the change Involves an Increase, the estimated amounts are not to be exceeded without further authorization. Ila 7. to 67.. 20-I S EJCDC Ain. C-940 (2002 Edition) - MODIirM Pagel of 1 Prepared by the Boglacc& Joint Contract Documents Committee add endorsed by f}te Associated General Contractors of Anterlen and the Construction Specifications Institute. 'LE C�� Work Directive Change No. One 1 Date of Issuance: December 4, 2018 Effective Date: December 4 2018 "act: Owner Ownefs Contract No.: WWTP Sludge Thickener Rehabilitation City of Beaumont, Texas WU1118-08 Contractor. Date of Contract Allco, L.L.C. April 18, 2018 Purpose for Work Change Directive: To remove the existing 8' valve from the Inside of the manhole and to furnish and Install one (1) new 8° gate valve and accessories on the outside of the new manhole. You are directed to proceed promptly with the following change(s): Item No. Description Bid Item 14 Remove the existing 8' valve from the Inside of the manhole, furnish and Install a new 8' gate valve and accessories on the outside of the new manhole. Payment for the work will be $1,764.00, and will be made under the allowance for Miscellaneous Improvements. Request for 1 additional calendar day will be considered under future change order. Attachments Qlst documents supporting change): November 28, 2018 letter and attachments from Billy Patterson, Allco, L.L.C. Change In Contrpct Price and Contract Times: Contract Price $ 0.00 (Isereaseldemma) Contract Time 0 ({ crosdlde—ase) days If the change Involves an Increase, the estimated amounts are not to be exceeded without further authorization. EJCDC No. C-940 (2002 Edition) - MODIFIED Page I or 1 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. CITY OF BEAUMONT, TX WASTEWATER TREATMENT PLANT SLUDGE REHABILITATION BID NO. WU111846 PROGRESS PAYMENT No. 12 &Final PROGRESS DATE January 31, 2020" INVOICE NO. 8875 CONTRACT TIME BEGAN: May 7, 2018 ORIGINAL CONTRACT AMOUNT CALENDAR DAYS ALLOWED: 507 CONTRACT AMOUNT INCLUDING CHANGE ORDERS CALENDAR DAYS USED: 507 TOTAL AMOUNT OF WORK PERFORMED TO DATE CALENDAR DAYS OVER: 0 LESS:, RETAINAGE 5% PREVIOUS PAYMENTS Change 'Summary Approved Change Orders I Number I Additions Deductions 1 $' ! 9'167:00 2 $l ,(except such as are covered by a Bond acceptable to Owner Indemnl ying, I (3) alr Work. covered by this Progress Payment is in accordance with the I Contractor's Signature, I TOTALS NET:CHANGE BY. CHANGE ORDERS $ 9167.00 1 S $ 9,167.00 1 Contractor's Certification The undersigned Contractor cerffm that to the best of its knowledge: (1) all previous progress,payments receivedfrom Owner:on account of Work done under the Contract have,been applied on account to discharge Contractor's legitimate obligations roamed In connedfon with Work covered by prior Progress Payments; f (2) title of all Work, materials 'and equipment Incorporated in said Work or otherwise'lisled in or covered by=Otis Progress Payment will pass to Owner at. .time of payment free and dear of all1fehs, security interests and encumbrances ,(except such as are covered by a Bond acceptable to Owner Indemnl ying, Owner againstany'such:Uens, security interest or encumbrances); and (3) alr Work. covered by this Progress Payment is in accordance with the Contract Documents and is not defedive. Contractor's Signature, Data January 312020 Name: Title: T.W. Harrison President Contractor. ALLCO LLC TOTAL'DEDUCTIONS AMOUNT DUE:CONTRACTOR. $ 865,830.93 $ 874,997:93 $ 874,997.93 $ $ 831.248:03 $ 831.248.03 $ 43,749.90 Percent Complete 100.00% Payment of $ 43 749.90 Is recommended by3'2-2020 ( SPUPPURG & POLK INC. (Date) Payment of % $ 43,749:90 is approved by. 1 • V 03 LO?j 1 ZO ZC) (Owner) C - OF BEAUMONT - (Date) Payment of. $ 43,749.90 Is approved by (Owner), CITY OF BEAUMONT (Date) Page 1 of 4 CITY OF BEAUMONT, TX WASTEWATER TREATMENT PLANT SLUDGE THICKENER REHABILITATION BID NO. WU1118-06 PROGRESS PAYMENT No. 12 &Final PROGRESS DATE January31, 2020 BID ITEM DESCRIPTION QUANTITY CONTRACT UNIT UNIT PRICE QUANTITY THIS ESTIMATE QUANTITY TO DATE TOTAL COST TO DATE 1 Mobilization costs, including payment bond, performance bond, Insurance, erection of field office, and moving equipment to project 1 LS $28,000.00 0.00 1.00 $ 28,000.00 1.1 Payment & Performance Bond 1 LS $14,000.00 1.00 12 Insurance 1 LS 57,500.00 1.00 1.3 Move Office and Personnel to Jobslte 1 LS $4,000.00 1.00 1 A Move Equipment to Jobsite 1 LS $2.500.00 1.00 2 Furnish all labor, material and equipment to pressure wash, clean, repair and coat the interior of the scum manhole 1 LS $5,874.60 0.00 1.00 S 5,674.60 2.1 Clean out scum box 1 LS $945.00 1.00 22 Pressure wash scum box 1 LS $945.00 1.00 2.3 Repair concrete in scum box 1 LS $1,359.60 1.00 2.4 Coat interior of scum box 1 LS $2.625.00 1.00 3 Fumish all labor, material and equipment to remove and replace the existing concrete slab between the thickeners with a new 8` thick reinforced concrete slab 1 LS $19,614.61 0.00 1.00 $ 19,614.61 3.1 Remove broken concrete & slab 1 LS $4,227.00 1.00 32 Excavation&fine grading 1 LS $2,391.00 1.00 3.3 Forms 1 LS $1.876.00 1.00 3.4 Sand backfill 1 LS $1,426.00 1.00 3.5 Adjust valve boxes to new grade 1 LS $2,887.00 1.00 3.6 Rebar t LS $1,234.00 1.00 3.7 Concrete i LS $5,573.61 1.00 4 Remove existing brick manhole and install new 6(° diameter fiberglass manhole, complete in place, all, excavation, backfill, concrete, ring and cover, stainless steel rain stopper Qnsert), re -connect all existing piping, furnish and install TideFlex check valve. and testing 1 LS $42,676.00 100% $ 42,676.00 5 Fumish all labor, material and equipment to remove and dispose of the entire thickener mechanism including walkways, handralls, stairs, scum baffles, weir plates, scum beach, all electrical conduit and conductors, and appurtenances 2 EA $14,916.00 0.00 2.00 $ 29,832.00 5.1 Remove scum baffle & brackets 2 EA $2,970.00 2 52 Remove weir plates 2 EA $2,970.00 2 5.3 Remove thickener mechanism 2 FA $5,444.00 2.0 5A Remove exisOng anchor bolts 2 EA $3,532.00 2 6 Fumish all labor, materials and equiment to pressure wash, clean, remove and dispose of ail sludge and debris from the thickener basin 2 EA $1 D,068.03 0.00 2.00 $ 20,136.06 6.1 Remove sludge from thickener 2 EA $4,220.70 2 6.2 Pressure wash thickener 2 FA $3,780.87 2 6.3 Remove debris out of thidkenr 2 EA 1 $2,066.68 1 1 2 Page 2 of 4 CITY OF BEAUMONT, TX WASTEWATER TREATMENT PLANT SLUDGE THICKENER REHABILITATION BiD NO. WU111846 PROGRESS PAYMENT No. 12 &Final PROGRESS DATE January 31, 2020 CHANGE ORDER No. I One EXECUTED DATE Page 3 of 4 CONTRACT QUANTITY THIS QUANTITY TO TOTAL COST TO QUANTITY UNIT UNIT PRICE BID ITEM DESCRIPTION ESTIMATE DATE DATE Furnish all labor, materials and equiment to coat the thickener effluent 7 launder and effluent box, Including concrete surface repairs, sealing of cracks, surface prepradon all in strict accordance with the plans and 2 EA $72,830.00 2 $ 145,660.00 specifications Furnish all labor, materials and equiment to install new thickener mechanism, manufactured by WALKER PROCESS EQUIPMENT, BA Including walkway, handrail, stair and platform, scum collector, scum 2 EA $210,461.40 0.0000 2.0000 $ 420,922.80 beach, control panel, and appurtenances, complete and operable, all in strict accordance with the plans and specifications 8.1 Install anchor bolts 2 EA $23,255.85 2 8.2 Repour grout that was removed 2 EA $22,847.85 2 8.3 Install thickener equiment 2 EA $137,021.85 2.0000 8.4 Instal stairs 2 EA 527,33545 2.00 Furnish all labor, materials and equiment to install all conduits and 9 conductors, disconnects, light posts and fixtures, connections to existing 1 LS $33,550.00 0.00 1.00 $ 33,550.00 MCC all in strict accordance with the plans and specifications 9.1 Demo old conduit 8 wiring 1 LS $6,065.00 1.00 92 U htfxtures 1 52,150.00 1.00 9.3 Switch eat 1 LS $8,975.00 1.00 9.4 Labor 1 LS $12,450.00 1.00 9.5 Misc materials 1 LS $3,910.00 1.00 Furnish all labor, materials and equipment to replace the existing effluent 10 weirs with new Schedule 80 PVC weirs, all in strict accordance with the 314 LF $92.80 314 $ 29,139.20 plans and specifications Fumish all labor, materials and equipment to replace the existing scum 11 baffles with new galvanized steel scum baffles, including new mounting 308 LF $104.43 308 $ 32,164.44 brackets, all in strict accordance with the plans and specifications Fumish all labor, materials and equipment to remove the existing 10" 12 diameter influent line and SS inlet box, clean and re -coat 10" pipe including surface preparation, and reinstallation of the 10" influent line 2 E4 $6,032.61 0 2 $ 12,065.22 and SS inlet box, all in strict accordance with the plans and specifications 12.1 Remove 10" line and box 2 FA $1,745.87 2 122 Clean and recoat pipe 2 EA $1,670.87 2 12,3 Reinstall pipe and box 2 EA $2,615,87 2 Furnish all labor, materials and equipment to install a double 6" cleanout 13 on the existing sludge effluent line, all in strict accordance with the plans 1 LS $21,196.00 1 $ 21,196.00 and specifications MISCELLANEOUS IMPROVEMENTS, fumish all labor, materials, and 14 equipment to perform all miscellaneous improvements, as directed by the 1 ALLOW $25,000.00 0.23304 $ 5,826.00 Owner SUBTOTAL $ 848,656.93 CHANGE ORDER No. I One EXECUTED DATE Page 3 of 4 -7� �tiY a..:1%l7fS`yi'birry.>:-..._.?:^'+?-rrr�•rL7r.^:': - ^^,�: r: - CITY OF BEAUMONT, TX WASTEWATER TREATMENT PLANT SLUDGE THICKENER REHABILITATION BID NO. WU1118.06 PROGRESS PAYMENT No. 12 &Final PROGRESS DATE January 31, 2020 CONTRACT QUANTITY THIS QUANTITY TO BID ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ESTIMATE DATE TOTAL COST TO DATE Bypass Pumping 07/23/19 S 28,341.00 1 $ 28,341.00 CHANGE ORDER SUBTOTAL 13 28,341.00 TOTAL AMOUNT OF WORK PERFORMED TO DATE $ 874,997.94 Page 4 of 4 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: City of Beaumont, Texas Wastewater Treatment Plant Sludge Thickener Rehabilitation - WU1118-06 OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Allco, LLC PO Box 3684 Beaumont, Texas 77707 ENGINEER: Schaumburg & Polk; Inc. 8865 College Street Beaumont, Texas 77707 DATE OF SUBSTANTIAL COMPLETION: September 25, 2019 The work on the east sludge thickener, the second of the two thickeners to be rehabilitated, was complete and the thickener was placed into service on September 25, 2019. This Certificate does not constitute an acceptance of Work not in accordance with the Contact Documents, nor Is it a release of Contractor's obligation Executed by Engineer cHau rg & Ik, nc. Title: 1d Date:-3-2a�v Approved by Owner: City of Beaumont Title: Date: Page 1 of 1 Accepted by Contractor: Allco, LL Tide: Date: PZ,— P7— 90 APPROVAL OF CONTRACT CHANGE CHANGEORDER No. One 1 DATE: July23, 2019 PROJECTc City of Beaumont, Texas Wastewater Treatment Plant Sludge Thickener Rehabilitation - WU1118-06 OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Allco, LLC PO Box 3684 Ilea ument, Texas 77707 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Provide for additional Improvements necessary for rehabilitation of the existing sludge thickeners including bypass pumping the supernatant from the west thickener to allow for coating the effluent box and launder in the east thickener. ORIGINAL CONTRACTAMOUNT: THIS CHANGE ORDER Descrintlan ADD Furnish bypass pumpingof the west thickener while the concrete repair and coating is applied to the eastthickener launder and discharge box. BID ITEM 14 -MISCELLANEOUS IMPROVEMENTS Remaining Contingency Allowance $19,174.00 Change Order No. i ($19,174.00) Contingency Balance $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: TOTAL REVISED CONTRACT AMOUNT INCLUDINGTHIS CHANGE ORDER: 865.830.93 - Unit Price Quantity NetChange $28,34100/1s CONTRACTTIME Original ContractTTme: Additional Time for WDC No. One (1) AdditionalTlme for WDCNo. Two (2) AdditlonalTlme for Rain Days approved throughJune 2019 Additional Time for monitoring the operallun or the west sludge thickener after lntltlai startup Revised Contract Timeperthis Change Order i $ 28,34L00 $ (19,174.00) $ 9,167.00 $ 874,997.93 920 calendar days 1 calendar days 2 calendar days 15 calendar days 25 calendar days 363 calendar days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases in the cost of, and the time required to perform the entire work underthe Contract arising directly or Indirectly from this Change Order and all previous Change orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change order after It is properly executed." Recommended by: Approved b� f � Accepted by/ S aui % Ik Inc. CltyofBeaumont Ailco, C Engineer C Owner]] Contractor Date: 7-,95-/ 2- Dale: -7-7-3- 1 Date: Page 1 of 1 RESOLUTION NO. WHEREAS, on March 20, 2018, the City Council of the City of Beaumont, Texas, passed Resolution No. 18-067 awarding a contract in the amount of $865,830.93 to Allco, LLC, of Beaumont, Texas, for the Wastewater Treatment Plant Sludge Thickener Rehabilitation Project; and, WHEREAS, a contingency allowance in the amount of $25,000.00 was included in the above noted contract; and,. WHEREAS, on February 14, 2019, the City Manager executed Work Directive Change No. 1, in the amount of $1,764.00, to remove existing 8" valve from the inside of a manhole and to furnish and install a new 8" gate valve and accessories on the outside of a new manhole, thereby decreasing the contingency allowance to $23,236.00 and having no affect on the total contract amount of $865,830.93; and, WHEREAS, on July 25, 2019, the City Manager executed Work Directive Change No. 2, in the amount of $4,062.00, to furnish labor and equipment to remove and replace two existing 8" drain valves for the east sludge thickener, thereby decreasing the contingency allowance to $19,174.00 and having no affect on the total contract amount of $865,830.93; and, WHEREAS, Change Order No. 1, in the amount of $28,341.00, was required to provide for additional improvements necessary for rehabilitation of the existing sludge thickener including bypass pumping the supernatant from the west thickener to allow for coating the effluent box and launder in the east thickener, thereby decreasing the contingency allowance of $19,174.00 to $0.00 and increasing the total contract amount by the amount of $9,167.00 for a new total contract amount of to $874,997.93; and, WHEREAS, it is necessary to authorize the City Manager to execute Change Order No. 2 to approve the extension of the contract time by 187 calendar days, thereby having no affect on the total contract amount of $874,997.93; and, WHEREAS, the project has been inspected by Schaumburg & Polk, Inc. and the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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. 2, for additional calendar days described above, thereby having no affect on the total contract amount of $874,997.93 for the Wastewater Treatment Plant Sludge Thickener Rehabilitation Project; and, THAT the Wastewater Treatment Plant Sludge Thickener Rehabilitation Project has been inspected and found to be complete and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final, payment in the amount of $43,749.90 to Allco, LLC, of Beaumont, Texas. 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 6.111 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of March, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of firefighter protective clothing. 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 burns and exposure to hazardous chemicals during firefighting operations and protection from blood-borne pathogens. The estimated cost for fifty (50) sets of bunker gear is $134,750.00. 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 purchase of fifty (50) sets of fire protective clothing for use by the Fire Department from Casco Industries, Inc., of Houston, Texas, the sole source for Globe Manufacturing Co. equipment, at $2,695.00 per set for an estimated total cost of $134,750.00. 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 17th day of March, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept funding from The Texas Department of State Health Services (DSHS) in the amount of $648,393 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department an amended Public Health Emergency Preparedness (PHEP) grant in the amount of $648,393. In cooperation with the Centers for Disease Control, this funding will assist the Beaumont Public Health Department's Public Health Emergency Preparedness Division with planning and performing activities and services that will improve and strengthen the local public health infrastructure within the State of Texas. This contract began on 7/1/2017 and was amended for the grant year starting 7/1/2020 and ending on 6/30/2021. FUNDING SOURCE There is a 10% match that will be paid for out of the General Fund -Public Health. RECOMMENDATION Approval of the resolution. DocuSign Envelope ID: 46D04D9E-29D8-467B-8798-A13820CD3767 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0161-00001 AMENDMENT No. 4 The DEPARTMENT OF STATE HEALTH SERVICES ("System Agency") and BEAUMONT PUBLIC HEALTH DEPARTMENT ("Grantee"), collectively the "Parties" to that certain Public Health Emergency Preparedness ("PHEP") contract effective July 1, 2017 and denominated as DSHS Contract No. 537-_18-0161-00001 (the "Contract"), as amended, now want to further amend the Contract. WHEREAS, System Agency has elected to extend the term of the Contract, to revise the Budget and to amend the Fiscal Year ("FY") 2021 Statement of Work. The Parties hereby amend and modify the Contract as follows: 1. ARTICLE III of the Signature Document, DURATION, is hereby amended to reflect a revised termination date of June 30, 2021. 2. ARTICLE IV of the Signature Document, BUDGET, is hereby amended to add $150,053.00 in federal funding to the Contract and with the Grantee providing a total of $15,005.00 in match funds for Fiscal Year 2021. The total not -to -exceed amount of the Contract is therefore increased to $648,393.00, of which $589,446.00 represents federal funding and $58,947.00 represents match. All expenditures under the Contract will be in accordance with the revised budget stated in Article 4 of this Amendment. Funds' provided in support of one Contract activity may only be used for that activity and may not be comingled with other funds provided under this Contract. 3. ARTICLE VIII of the -Signature Document, NOTICE TO PROCEED, is hereby deleted in its entirety and replaced with the following: VIII. NOTICE TO PROCEED Funding for this Contract is dependent on the award of the applicable federal grant. No FY2021 work may begin and no charges may be incurred until the System Agency issues a written notice to proceed to Grantee. This Notice to Proceed may include an amended or ratified budget which will be incorporated into this Contract by a subsequent amendment, as necessary. Notwithstanding the preceding, at the discretion of the System Agency, Grantee may be eligible to receive reimbursement for eligible expenses incurred during the period of performance as defined by 2 CFR §200.309. System Agency Contract No. 537-18-0161-00001 DocuSign Envelope ID: 46D04D9E-29D8-467B-8798-A13820CD3767 4. ATTACHMENT B, BUDGET, is hereby amended by deleting the budget table in its entirety and renlacina it with the following: The Parties agree that Grantee shall provide total matching funds in the amount of $58,947.00. 5. ATTAcHmENT A.4, FY2020 STATEMENT OF WORK, is hereby amended and replaced in its entirety with ATTACHMENT A.5, FY2021 STATEMENT OF WORK, 6. This Amendment shall be effective on July 1, 2020. 7.Except as amended by this Amendment, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 8. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS System Agency Contract No. 537-18-0161-00001 FY.18 Budget FYI Budget_, FY20 Budget FY21,Budget Budget Summary Summary ; Summary Summary Total Budget Categories (7/1/17— (7/1/18 — ° (7/1/1.9:= (7/1/20_ —. Summary, , 6/30/18) 6/30/19) 6/30/20) '6/30/21) Personnel $57,838.00 $57,951.00 $59,688.00 $62,451.00 $237,928.00 Fringe Benefits $37,419.00 $39,470.00 $40,653.00 $41,218.00 $158,760.00 Travel $15,029.00 $18,236.00 $18,615.00 $9,212.00 $61,092.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies $18,096.00 $14,637.00 $16,037.00 $16,745.00 $65,515.00 Contractual $0.00 $0.00 $0.00 $0.00 $0.00 Other $17,016.00 $15,104.00 $13,604.00 $20,427.00 $66,151.00 Sum of DSHS $145,398.00 $145,398.00 $148,597.00 $150,053.00 $589,446.00 Direct Costs Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 Sum of DSHS Direct Costs $145,398.00 $145,398.00 $148,597.00 $150,053.00 $589,446.00 and Indirect Costs Plus Required Match (Cash or $14,545.00 $14,538.00 $14,859.00 $15,005.00 $58,947.00 In -Kind) Total Contract -1 $159,943.00 $159,936.00 $163,456.00 $165,058.00 $648,393.00, Amount ,, 11 .1111 The Parties agree that Grantee shall provide total matching funds in the amount of $58,947.00. 5. ATTAcHmENT A.4, FY2020 STATEMENT OF WORK, is hereby amended and replaced in its entirety with ATTACHMENT A.5, FY2021 STATEMENT OF WORK, 6. This Amendment shall be effective on July 1, 2020. 7.Except as amended by this Amendment, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 8. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS System Agency Contract No. 537-18-0161-00001 DocuSign Envelope ID: 46D04D9E-29D8-467B-8798-A13820CD3767 SIGNATURE PAGE FOR AMENDMENT NO.4 SYSTEM AGENCY CONTRACT No. 537-18-0161-00001 DEPARTMENT OF STATE HEALTH SERVICES BEAUMONT PUBLIC HEALTH DEPARTMENT C Name: Title: Date of Signature: Date of Signature: THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AMENDMENT AND THEIR RESPECTIVE TERMS ARE HEREBY INCORPORATED INTO THE CONTRACT BY REFERENCE: ATTACHMENT A.5 - FY2021 STATEMENT OF WORK ATTACHMENT C- FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT System Agency Contract No, 537-18-0161-00001 0 DocuSign Envelope ID: 46D04D9E-29D8-467&8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1, 202,0 through June 30, 2021 I. GRANTEE RESPONSIBILITIES Grantee will: A. Perform activities in support of the Public Health Emergency Preparedness ("PHEP") Cooperative Agreement from the Centers for Disease Control and Prevention ("CDC") to advance public health preparedness. B. Perform the activities required under this Contract in the following county/ies: Jefferson County. C. Provide System Agency with situational awareness data generated through interoperable networks of electronic data systems. D. Address the following public health emergency preparedness capabilities: 1. Capability 1 — Community preparedness is the ability of communities to prepare for, withstand, and recover from public health incidents in both the short and long term. 2. Capability 2 — Community recovery is the ability of communities to identify critical assets, facilities, and other services within public health, emergency management, health care, human services, mental/behavioral health, and environmental health sectors that can guide and prioritize recovery operations. 3. Capability 3 — Emergency operations coordination is the ability to coordinate with emergency management and to direct and support an incident or event with public health or health care implications by establishing a standardized, scalable system of oversight, organization, and supervision that is consistent with jurisdictional standards and practices and the National Incident Management System (" NIMS"). 4. Capability 4 — Emergency public information and warning is the ability to develop, coordinate, and disseminate information, alerts, warnings, and notifications to the public and incident management personnel. 5. Capability 5 — Fatality management is the ability to coordinate with partner organizations and agencies to provide fatality management services to ensure the proper recovery and preservation of remains; identification of the deceased; determination of cause and manner of death; release of remains to an authorized individual; and provision of mental/behavioral health assistance for the grieving. The role also may include supporting activities for the identification, collection, documentation, retrieval, and transportation of human remains, personal effects, and evidence to the examination location or incident morgue. 6. Capability 6 — Information sharing is the ability to conduct multijurisdictional and multidisciplinary exchange of health-related information and situational awareness data among federal, state, local, tribal, and territorial levels of government and the private sector. This capability includes the routine sharing of information as well as issuing of System Agency Contract No. 537-18-0161-00001 Page 1 DocuSign Envelope ID: 46D04D9E-29D8-4676-8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1, 2020 through June 30, 2021 public health alerts to all levels of government and the private sector in preparation for and in response to events or incidents of public health significance. 7. Capability 7 — Mass care is the ability of public health agencies to coordinate with and support partner agencies to address, within a congregate location (excluding shelter -in- place locations), the public health, health care, mentalibehavioral health, and human services needs of those impacted by an incident. This capability includes coordinating ongoing surveillance and public health assessments to ensure that health needs continue to be met as the incident evolves. 8. Capability 8 — Medical countermeasure dispensing and administration is. the ability to provide medical countermeasures to targeted population(s) to prevent, mitigate, or treat the adverse health effects of a public health incident, according to public health guidelines. This capability focuses on dispensing and administering medical countermeasures, such as vaccines, antiviral drugs, antibiotics, and antitoxins. 9. Capability 9 — Medical materiel management and distribution is the ability to acquire, manage, transport, and track medical materiel during a public health incident or event and the ability to recover and account for unused medical materiel, such as pharmaceuticals, vaccines, gloves, masks, ventilators, or medical equipment after an incident. 10. Capability 10 — Medical surge is the ability to provide adequate medical evaluation and care during events that exceed the limits of the normal medical infrastructure of an affected community. It encompasses the ability of the health care system to endure a hazard impact, maintain or rapidly recover operations that were compromised, and support the delivery of medical care and associated public health services, including disease, surveillance, epidemiological inquiry, laboratory diagnostic services, and environmental health assessments. 11. Capability 11— Nonpharmaceutical interventions are actions that people and communities can take to help slow the spread of illness or reduce the adverse impact of public health emergencies. This capability focuses on communities, community partners, and stakeholders recommending and implementing nonpharmaceutical interventions in response to the needs of an incident, event, or threat. Nonpharmaceutical interventions may include isolation; quarantine; restrictions on movement and travel advisories or warnings; social distancing; external decontamination; hygiene; and precautionary. protective behaviors. 12. Capability 12 — Public health laboratory testing is the ability to implement and perform methods to detect, characterize, and confirm public health threats. It also includes the ability to report timely data, provide investigative support, and use partnerships to address actual or potential exposure to threat agents in multiple matrices, including clinical specimens and food, water, and other environmental samples. This capability supports passive and active surveillance when preparing for, responding to, and recovering from biological, chemical, and radiological (if a Radiological Laboratory Response Network is established) public health threats and emergencies. 13. Capability 13 — Public health surveillance and epidemiological investigation is the ability System Agency Contract No. 537-18-0161-00001 Page 2 DocuSign Envelope ID: 46D04D9E-29D8 467&8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1, 2020 through June 30, 2021 to create, maintain, support, and strengthen routine surveillance and detection systems and epidemiological investigation processes. It also includes the ability to expand these systems and processes in response to incidents of public health significance. 14. Capability 14 — Responder safety and health is the ability to protect public health and other emergency responders during pre -deployment, deployment, and post -deployment. 15. Capability 15 — Volunteer management is the ability to coordinate with emergency management and partner agencies to identify, recruit, register, verify, train, and engage volunteers to support the jurisdictional public health agency's preparedness, response, and recovery activities during pre -deployment, deployment, and post -deployment. E. Match funds awarded under this Contract with costs or third -party contributions that are not paid by the federal government under another award, except where authorized by federal statute to be used for cost sharing or matching. The non-federal contributions (match) may be provided directly or through donations from public or private entities and may be in cash or in-kind donations, fairly evaluated, including plant, equipment, or services. The costs that the Grantee incurs in fulfilling the matching or cost-sharing requirement are subject to the same requirements, including the cost principles, that are applicable to the use of federal funds, including prior approval requirements and other rules for allowable costs as described in 45 CFR 74.23 and 45 CFR 92.24, as amended. Grantee will provide matching funds in the amount of ten percent (10%) of the Contract amount as set forth in Attachment B, Budget. Cash match is defined as an expenditure of cash by the Grantee on allowable costs of this Contract that are borne by the Grantee. In-kind match is defined as the dollar value of non-cash contributions by a third party given in goods, commodities, or services. that are used in activities that benefit this Contract's project and that are contributed by non-federal third parties without charge to the Grantee. The criteria for match must: 1. Be an allowable cost under the applicable federal cost principle; 2. Be necessary and reasonable for the efficient accomplishment of project or program objectives; 3. Be verifiable within the Grantee's (or subgrantee's) records; 4. Be documented, including methods and sources, in the approved budget (applies only to cost reimbursement contracts); 5. Not be included as contributions toward any other federally -assisted project or program (match can count only once); 6. Not be paid by the federal government under another, award, except where authorized by federal statute to be used for cost sharing or match; 7. Conform to, other provisions of governing circulars/statutes/regulations as applicable for the Contract; 8. Be adequately documented; System Agency Contract No. 537-18-0161-00001 Page 3 DocuSign Envelope ID: 46D04D9E-29D8-467&8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1, 2020 through June 30, 2021 9. Follow procedures for generally accepted accounting practices as well as meet audit requirements; and 10. Value the in-kind contributions reported and be supported by documentation reflecting the use of goods and/or services during the Contract term. F. In the event of a local, state, or federal emergency, the Grantee has the authority to utilize approximately five percent (5%) of the Grantee's staffs time supporting this Contract for response efforts. System Agency will reimburse Grantee up to five percent of this Contract funded by the CDC for personnel costs responding to an emergency event. Grantee will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation in drills and exercises in the pre -event time period. Grantee will notify the Assigned Contract Manager in writing when this provision is implemented. G. In the event of a public health emergency involving a portion of the state, mobilize and dispatch staff or equipment purchased with funds from previous PHEP cooperative agreements, and not currently performing critical duties in the jurisdiction served, to the affected area of the state upon receipt of a written request from System Agency. H. Coordinate activities and response plans within the jurisdiction with the state, regional, and other local jurisdictions, among local agencies, and with hospitals and major health care entities, jurisdictional Metropolitan Medical Response Systems, and Councils of Government. I. Inform System Agency in writing if Grantee will not continue performance under this Contract within thirty (30) days of receipt of -an amended standard(s) or guideline(s). System Agency may terminate :this Contract immediately or within a reasonable period of time as determined by System Agency. J. Develop, implement, and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Contract, including partial full-time employees and temporary staff. K. Complete and submit programmatic reports as directed by System Agency in a format- specified by System Agency and as needed to satisfy information -sharing requirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and (c), as amended. Grantee will provide System Agency other reports, including financial reports, that System Agency determines necessary to accomplish the objectives of this Contract and to monitor compliance. L. Submit the work plan and vulnerable populations plan that encompass the Contract term to the System Agency via the Department of State Health Services ("DSHS") Center for Health Emergency Preparedness and Response ("CHEPR") External SharePoint site within an System Agency Contract No. 537-18-0161-00001 Page 4 DocuSign Envelope ID: 46D04D9E-29D8-467B-8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1, 2020 through June 30, 2021 established timeframe designated by the Contractual Requirements Schedule. M. Conduct, or participate in, an annual Training and Exercise Planning Workshop. ("TEPW") with all applicable agencies in accordance with Homeland Security Exercise and Evaluation Program ("HSEEP") guidelines to develop a strategy and structure fora Multi -Year Training and Exercise Plan ("MYTEP"). Prepare, maintain, and, upon request, submit a copy of the TEPW agenda and participant roster as documentation of TEPW attendance. N. Submit a current MYTEP to the System Agency via the DSHS CHEPR External SharePoint site within an established timeframe designated by the Contractual Requirements Schedule, using the template provided by System Agency. O. Conduct,, or participate in,* at least one annual Preparedness Exercise consistent with their MYTEP. Submit a Notification of Exercise ("NOE") form to the System Agency no later than 60 calendar days prior to the start of the exercise via the DSHS CHEPR External SharePoint site. P. Submit, at least one After Action Review/Improvement Plan ("AAR/IP"). All AAR/IPs must be submitted to the System Agency via the DSHS CHEPR External SharePoint site within 60 calendar days, or 90 calendar days for Real World Incident ("RWI"), of the completion of the exercise/response to the System Agency Exercise Team within an established timeframe designated by the Contractual Requirements Schedule. AAR/IPs must be completed in accordance with Notification and Reporting of Exercise Grant. Q. Complete and submit the current Operational Readiness Review ("ORR") Evidence Form and provide supporting documentation to the System Agency via the DSHS CHEPR External SharePoint site by April 1, 2021. Documentation is required within an established timeframe designated by the Contractual Requirements Schedule. R. Provide updated Transportation Spreadsheet for submission to the DSHS CHEPR External SharePoint site by April 1, 2021. S. Perform and submit metrics (data collection sheets) on each of the three Strategic National Stockpile ("SNS") operation drills to the DSHS CHEPR External SharePoint site by April 1, 2021. Acceptable drills include: 1. Staff Call Down; 2. Facility Set -Up; and 3. Site Activation. T. Submit the Mid -Year Report to the System Agency via the DSHS CHEPR External SharePoint System Agency Contract No. 537-18-0161-00001 Page 5 DocuSign Envelope ID: 46D04D9E-29D8-467B-8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1, 2020 through June 30, 2021 site within an established timeframe designated by the Contractual Requirements Schedule. U. Submit the End -of -Year Performance Report to the System Agency via the DSHS CHEPR External SharePoint site within an established timeframe designated by the Contractual Requirements Schedule. V. Designate a member of the PREP program to attend, in person, two PHEP quarterly meetings during the Contract term. If the designee is unable to attend any of the meetings in person, the Grantee must notify System Agency in writing of the reason for noncompliance. W. Designate a member of the PHEP program to attend, in person, four regional healthcare coalition meetings during the Contract term. Submit sign -in sheets from meetings as evidence of attendance, within an established timeframe designated by the Contractual Requirements Schedule. X. Upon request, submit a current Texas Preparedness and Evaluation Process ("TxPEP") report to System Agency within an established timeframe designated by System Agency, using the template provided by System Agency. Y. Immediately notify System Agency in writing if Grantee is legally prohibited from providing any report under this Contract. Z. Have plans, processes, and training in place to meet NIMS compliance requirements. AA. When using volunteers during the Contract term, the Grantee must designate a Texas Disaster Volunteer Registry ("TDVR") State Emergency System for the Advanced Registration of Volunteer Health Professionals ("ESAR-VHP") System Administrator, participate in required administrator trainings, and utilize the system to identify volunteers. BB. Grantee may not use funds for research, clinical care, fund-raising activities or lobbying, construction or major renovations, reimbursement of pre -award costs, to supplant existing state or federal funds for activities, payment or reimbursement of backfilling costs for staff, purchase of vehicles of any kind, uniforms or furniture, or funding an award to another party or provider who is ineligible. CC. None of the funds made available under this agreement may be used to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post- exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides. System Agency Contract No. 537-18-0161-00001 Page 6 DocuSlgn Envelope ID: 46D04D9E-29D8-467&8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1; 2020 through June 30, 2021 DD. Cooperate with System Agency to coordinate all planning, training and exercises performed under this Contract with the Texas Division of Emergency Management ("TDEM"), or other points of contact at the discretion of the Division for Regional and Local Health Operations, to ensure consistency and coordination of requirements at the local level and eliminate duplication of effort between the various domestic preparedness funding sources in the state. EE. Coordinate all risk communication activities with the System Agency Communications Unit by using System Agency's core messages posted on the System Agency website and submitting copies of draft risk communication materials to System Agency for coordination prior to dissemination. FF. Initiate the purchase of all equipment approved in writing by the System Agency in the first quarter of the Contract term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Contract must be submitted to the assigned System Agency contract manager. GG. Maintain an inventory of equipment, supplies defined as Controlled Assets, and real property. Grantee shall submit an annual cumulative report of the equipment and other property on HHS System Agency Grantee's Property Inventory Report to the assigned System Agency contract manager by email not later than October 15 of each year. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered Supplies. HH. Not use System Agency funds to purchase buildings or real property without prior written approval from the System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre -approval. H. At the expiration or termination of this Contract for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to System Agency. Title,may be transferred to any other party designated by System Agency. The System Agency may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Grantee. JJ. Comply with all applicable federal and state laws, rules, and regulations, as amended, including, but not limited to, the following: 1. Public Law 109417, Pandemic and All -Hazards Preparedness and Advancing System.Agency Contract No. 537-18-0161-0000.1 Page 7 DocuSign Envelope ID: 46D04D9E-29D8-467B-8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1, 2020 through June 30, 2021 Innovation Act ("PAHPAI"); 2. Texas Health and Safety Code Chapter 81; and 3. Section 319C-1 of the Public Health Service (PHS) Act (47 USC § 247d -3a), as amended. KK. Comply with all applicable regulations, standards and guidelines in effect on the beginning date of the term of this Contract. LL. Submit other reports as required by System Agency. The initial reporting schedule for the requirements is subject to change as System Agency and CDC may modify requirements and due dates. MM. Work with the Regional Health Care Coalition to develop comprehensive preparedness strategies. Plans will be submitted to System Agency by the Health Care Coalition. U. PERFORMANCE MEASURES A. The System Agency will monitor the Grantee's performance of the requirements in Attachment A.5 and compliance with the Contract's terms and conditions. B. Grantee will meet and report Performance Measures based on requirements that are developed in coordination with System Agency for the Grantee's project as provided in Section I. Grantee must also demonstrate adherence to PHEP reporting deadlines and the capability to receive, stage, store, distribute, and dispense materiel during a public health emergency. Failure to meet these requirements may result in withholding a portion of the current fiscal year PHEP base award. C. System Agency will send a Contractual` Requirements Schedule for reporting these Performance Measures within thirty (30) days of the Contract start date. M. INVOICE AND PAYMENT A. Grantee will request payment using the State of Texas Purchase Voucher (Form B-13) monthly and acceptable supporting documentation for reimbursement of the required services/deliverables. The Grantee will submit the Financial Status Report (FSR -269A). Additionally, the Grantee will submit the Match Certification Form (B -13A), at the end of the fourth quarter. Vouchers, supporting documentation, ,Financial Status Reports, and Match Certification Forms should be mailed or emailed to the addresses below. Department of State Health Services Claims Processing Unit, MC 1940 System Agency Contract No. 537-18-0161-00001 Page 8 DocuSign Envelope ID: 46D04D9E-29D8-4676-8798-A13820CD3767 ATTACHMENT A.5 FY2021 STATEMENT OF WORK July 1, 2020 through June 30, 2021 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices(a�dshs.texas. og_v & CMS Invoices a,dshs.texas.gov B -13s and supporting documentation should be sent to: invoices Rdshs. texas. gov & CMSInvoices(a dshs.texas. gov. FSRs should be sent to: FSRGrants Adshs.texas. gov & CMS Invoicesgdshs.texas. goy. B. Grantee will be reimbursed on a monthly basis and in accordance with Attachment B, Budget. C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. System Agency will monitor Grantee's expenditures on a quarterly basis. If expenditures are below that projected in Grantee's total Contract amount, Grantee's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. D. Grantee may request a one-time working capital advance not to exceed twelve percent (12%) of the total amount of the Contract funded by System Agency. All advances must be expended by the end of the Contract term. Advances not expended by the end of the Contract term must be refunded to System Agency. Grantee will repay all or part of advance funds at any time during the Contract's term. However, if the advance has not been repaid prior to the last three months of the Contract term, the Grantee must deduct at least one-third of the remaining advance from each of the last three months' reimbursement requests. If the advance is not repaid prior to the last three months of the Contract term, System Agency will reduce the reimbursement request by one-third of the remaining balance of the advance. System Agency Contract No. 537-18-0161-00001 Page 9 DocuSign Envelope ID: 46D04D9E-29D8-467B-8798-A13820CD3767 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written- Legal ritten- Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date -1- Department of State Health Services Form 4734 — June 2013 DocuSign Envelope ID: 46D04D9E-29D8-467B-8798-A13820CD3767 Fiscal Federal Funding Accountability and, Transparency Act . (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑ No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ❑ No If your answer is "Yes" to both, question."A" and "B", you must answer question "C".' If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to .information about. the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 Certificate Of Completion Envelope Id: 46D04D9E29D8467B8798A13820CD3767 Subject: Amending $648;393; 537-18-0161-00001; Beaumont A-4; DSHS CPS/ HAZARD_ S Source Envelope: Document Pages: 19 Signatures: 0 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Dacu 0 W SECURED Status: Sent Envelope Originator: Texas Health and Human Services Commission 1100 W. 49th St. Austin, TX 78756 PCS—DocuSign@hhsc.state.b(.us IP Address: 167.137.1.16 Status: Original Holder. Texas Health and Human Services Location: DocuSign 3/3/2020 9:05:28 AM Commission PCS—DocuSign@hhsc.state.b(.us Signer Events Signature Timestamp Todd Simoneaux todd.simoneaux@beaumonftexas.gov CFO City of Beaumont Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Gruber david.g Tuber@dsh s.texas: gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 3/3/2020 9:15:03 AM Viewed: 3/3/2020 10:20:54 AM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events- Status Timestamp CMS Sent: 3/3/2020 9:15:02 AM CMUcontract.s@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Quynh-Nhi Ge Sent: 3/3/2020 9:15:02 AM Quynhnhi.Ge@dshs.texas.gov Viewed: 3/3/2020 9:21:29 AM Security Level: Email, Account'Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 'Carbon Copy Events Status Timestamp Fran MalvoSent: 3/3/2020 9:15:03 AM fran.malvo@beaumonftexas.gov F COPIED Viewed: 313/2020 11:12:14 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 'Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary.Events Status Timestamps Envelope Sent Hashed/Encrypted 3/3/2020 9:15:03 AM Payment Events' Status Time.4tamps RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City. Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for an amended Public Health Emergency Preparedness (PNEP) Grant in the amount of $648,393.00, effective July 1, 2020 through June 30, 2021, to assist the Beaumont Public Health Department with planning and performing activities and services that will improve and strengthen the local public health infrastructure within the State of Texas. 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 17th day of March, 2020. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Infrastructure Management Services, LLC (IMS). BACKGROUND On March 19, 2019, City Council awarded a contract to Infrastructure Management Services, LLC (IMS) of Tempe, Arizona, to update the city's street assessment study in the amount of $152,209.00. Proposed Change Order No. 1, in the amount of $23,538.00, is required to reprocess street segments in the City of Beaumont's street mapping layer so that they are the same as what is used by 911. This needs to be done prior to moving to Cityworks as all work orders will be tied to street segments. If approved, the new contract amount will be of $175,747.00. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-067 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 Consultant Services Agreement with Infrastructure Management Services, LLC (IMS), of Tempe Arizona, in the estimated amount of $152,209.00 for street pavement management services. 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 19th day of March, 2019. RESOLUTION NO. WHEREAS, on March 19, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-067 authorizing the City Manager to execute a Consultant Services Agreement with Infrastructure Management Services, LLC (IMS) for street pavement management services; and, WHEREAS, an amendment, in the amount of $152,209.00, to the Consultant Services Agreement is necessary to reprocess street segments in the City of Beaumont's street mapping layer so that they are the same as what is used by 911; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont for the City to amend the agreement, in the amount of $152,209.00, to the Consultant Services Agreement between the City of Beaumont and Infrastructure Management Services, LLC (IMS); 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 an amendment, in the amount of $152,209.00, to the Consultant Services Agreement between the City of Beaumont and Infrastructure Management Services, LLC (IMS) to reprocess street segments in the City of Beaumont's street mapping layer so that they are the same as what is used by 911, The Amendment 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 17th day of March, 2020. - Mayor Becky Ames - Change Order Request To: Aaron Rowzee, IT Project Manager From: Jeff Myers, MSA, Client Services Manager, Central Region Subject: Request for Change Order Description Imm Infrastructure Management Services IMS IntastructureN6nagement Services 1820 W. Drake Dr. Ste. 104. Tempe. AZ85283 Phone: (480) 8n-4347 Fax: (480) 8384348 www.imsanalvsis.00m Date: Feb 7, 2020 Project: Beaumont Change Order Project No.: 11019 This Change Order Request reflects the reprocessing to convert to new segment id's in the City of Beaumont's CityWorks pavement management software. As the Centerline layer is dramatically changed, we will re -link, reprocess, and QA/QC the condition data collected, re -banner the images to reflect the new identifiers and rework the supersegments at the project level. The budget presented below is based on the IMS work plan. Task Activity Quantity Units Unit Rate Totall Data Management 7 Data QA/QC, Processing, and Formatting - Surface Condition 837 T -MI $18.00 $15,066.00 8 Process Forward Yew Images at 20 - 25 foot Intervals -1 view 837 T -M $11.00 $9,207.00 9 Redo Lucity Supers egm ents/d evelop new projects with new supersegments 1 LS $3,500.00 $3,500.00 Subtotal for Reprocessing $27,773.00 Extension of 2011 Competitive Rates Discount 1525 % -$4,235.00 $4,235.00 'ProjectTotal: ,$23,538.00 IMS Infrastructure Management Services City of Beaumont Change Order EXHIBIT "A" page I Change Order Request Change Order Acceptance IM= Infrastructure Management Services OBIS Intasmreture MmagemeM Senices 18201W. Drake Dr. Ste. 104. T"e.AZS= Phme:(480)W9-Q47 Fax:(480)839-348 wwwansardvsisx= To accept this change order and have it included in the contract, please sign two copies of this change order and return one to IMS. City of Beaumont By: Signature Printed Name IMS Infrastructure Management Services, LLC By: Signature Printed Name Title Date Title Date IMS Infrastructure Management Services City of Beaumont Change Order page 2 F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, to the contract with DBS Constructors, LLC d/b/a MK Constructors. BACKGROUND On February 11, 2020, by Resolution No. 20-025, City Council awarded a contract to DBS Constructors, LLC d/b/a MK Constructors, of Vidor, for the Stoneleigh on Major— Sewer Emergency Repairs in the amount of $270,000.00. Proposed Change Order -No. 1, in the amount of $20,510.00 is necessary for additional labor, materials, and equipment due to an unexpected site discovery that the City maintained portion of the sewer line that serves Stoneleigh Apartments was collapsed farther than initially expected, and an additional three (3) days is requested for the completion of the work. If approved, the new contract amount would be $290,510.00. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 20-025 WHEREAS, the City of Beaumont solicited bids for furnishing all Iabor, materials, equipment and supplies for the Stoneleigh on Major -Sewer Emergency Repairs Project; and, WHEREAS, DBS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, submitted a complete bid meeting specifications in the amount of $270,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by BDS Constructors, LLC d/b/a MK Constructors, of Vidor, 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 BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, in the amount of $270,000.00, for the Stoneleigh on Major -Sewer Emergency Repairs Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with BDS Constructors, LLC d/b/a MK Constructors, of Vidor, 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 11th day of February, 2020. Altx�A /p� ayor ecky Ames - CITY OF BEAUAIONT DATE: MarcL 3, 2020 PROJECT: StonclelghanMnjor- Sewer Emergency Repair OWNER: CITY OFBEAUMONT CONTRACTOR: DDS Constructors, LLC d/b/a MIC Construdors CHANGE ORDER r I THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY AJADEi During the emergency repair it was discovered the service line from the Stoneleigh Apartment was collapsed farther than initially expected and required additional labor, materials, and equipment. An additional three (3) days is requested to complete the repair. Added Items and/or Ouanlities to the Contract: NO. rrEM CODE DESCRIPTION UNIT BID ACTUAL CHANGE ORDER AMOUNT QUANTITY QUANTifY I Additional labor, materials, and equipment I 1 S 20,510.00 S - S - S - S - S - TOTAL AMOUNT ADDED TO CONTRACT S 20,510.00 ORIGINAL CONTEACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS i TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OFTHIS CHANGE ORDER i TOTAL PERCENT CHANGE ORDERS TO DATE i NEW CONTRACT AMOUNT i ')� i ACCEPTED BY MIKE SUIRE, IK CONSTRUCTORS RECOMMENDED BY: BART KOWIAK, DIRE OR OF PUBLIC WORKS L, TECHNOLOGY SERVICES APPROVED BY.: KYLE HAYES, CITY MANAGER S 270,000.00 S - S 20,510.00 7.60 7.60°.6 S 290,510.00 PREPARED BY: /y JOHN PIPPINS III, E.I.T. ATTESTED BY : TINA BROUSSARD, CITY CLERK RESOLUTION NO. WHEREAS, on February 11, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-025 awarding a contract in the amount of $270,000.00 to DBS Constructor, LLC d/b/a MK Constructors, of Vidor, Texas, for the Stoneleigh on Major - Sewer Emergency Repairs Project; and, WHEREAS, Change Order No. 1, in the amount of $20,510.00, is required for additional labor, materials, and, equipment due to an unexpected site discovery that the service line from Stoneleigh Apartments was collapsed for a greater length than initially reported,- thereby increasing the total contract amount to $290,510.00; and, 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, in the amount of $20,510.00, for additional work described above, thereby increasing the total contract amount to $290,510.00 for the Stoneleigh on Major -Sewer Emergency Repairs 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 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of March, 2020. - Mayor Becky Ames - G BEAUMONT T EX AS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Barkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a non-exclusive 30' wide Access, License. BACKGROUND DCP Operating Company, LP has agreed to grant a 30' wide non-exclusive access license. The access license is described as being a 1.105 acre 'of land out of the DCP Operating Company, LP tract situated in the Marcelo Grange League, Abstract No. 26, Jefferson County, Texas. The access license is for the ingress and egress of vehicles and equipment to be used for access to a 600 acre city -owned property located off Erie Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont, Texas has requested that DCP Operating Company, LP grant one (1) 30' wide non-exclusive access license, being a 1.105 acre tract of land situated in the Marcelo Grange League, Abstract No. 26, Jefferson County, Texas, to the City of Beaumont for the ingress and egress of vehicles and equipment to. be used for access to a 600 acre city -owned property located off Erie Street. The Access License is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, WHEREAS, the City Council has considered the execution of said non-exclusive access license and is of the opinion that said non-exclusive access license is necessary and the same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute one (1) 30' wide non- exclusive access license, as described above, with DCP Operating Company, LP. 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. 17th day of March, 2020. - Mayor Becky Ames - Notice of confidentiality rights; if you are a natural person, you may remove or strike any of the following information from the instrument before it is filed for record in the public records: your social security number or your driver's license number. ACCESS LICENSE STATE OF TEXAS COUNTY OF JEFFERSON THIS LICENSE made and entered into this day of `2020, by and between DCP Operating Company, LP, a Delaware limited partnership ("Licensor") and the City of Beaumont, a municipal corporation ("Licensee"). RECITALS WHEREAS, Licensor owns and controls certain real property in Jefferson County, Texas of approximately 7.358 acres, more or less, set forth in Exhibit "A" attached hereto and incorporated herein ('Licensor's Property"). WHEREAS, Licensee owns and controls certain real property in Jefferson County, Texas of approximately 2,183.50 acres more or less, set forth in Exhibit "A" ("Licen'see's Property"); WHEREAS, Licensee has proposed that the Licensor grant a limited access road license over and across Licensor's Property thirty feet (30') in width, as set depicted in Exhibit "A" and as described in Exhibit `B" attached hereto and incorporated herein (the "Access License Area") for the purpose of ingress and egress of vehicles and equipment to be used for access between Licensee's Property and Erie Street. WHEREAS, the Parties have determined that it is to their mutual benefit to enter into an agreement whereby the Licensor grants to Licensee a non-exclusive, access road license over the Property subject to the terms and conditions set forth herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Grant of License. Licensor hereby agrees to grant to Licensee a non-exclusive license across Licensor's Property, within the Access License Area, for as long as Licensee continues to need the license for access to Licensee's Property, subject to the terms and conditions herein. 2. Use of the Access License Area. It is understood and agreed that Licensee's use of the Access License Area shall be solely for operation of a private vehicular roadway which will allow access to Licensee's Property. For clarity, the Access License Area is not to be used as a -public road. There shall be no storage of any sort of equipment or supplies, or EXHIBIT "A" pipe, nor parking of any vehicles on the Property or Access License Area. The Parties understand and agree that this Access License is granted for the sole use and benefit of Licensee, and its agricultural tenant, and shall not be deemed to ran with the Property or any portion thereof. 3. Prohibited Use. Licensee shall not permit its employees, agents, contractors, invitees, tenant or representatives to (i) possess firearms on Licensor's Property or the Access License Area (except for dispatched uniformed law enforcement officers), (ii) use, possess, .sell, distribute, or be under the influence of illicit or unprescribed controlled drugs or alcohol on Licensor's Property or the Access License Area, (iii) vandalize or damage the Property, Access License Area or property of third parties, or (iv) litter or leave trash and debris on the Property or Access License Area 4. Rights Reserved. The rights granted herein are not exclusive, and Licensor reserves for itself its successors and assigns the right to occupy and use Licensor's Property and the Access License Area and grant others the right to use and occupy the Access License Area described herein, provided that those uses do not unreasonably interfere with the rights granted herein. This license is made subject to all applicable laws, ordinances, easements, leases, restrictions, reservations, uses or covenants, either of record or evidenced by improvements upon the ground and to the extent same are in force. 5. Ongoing Improvements, Maintenance and Repair. During the term.of this Agreement, Licensee shall perform, or cause to be performed, improvements, maintenance and/or repairs as necessary to maintain the Access License Area in a neat, clean, sanitary and safe condition, except for damages caused by Licensor or its invitees. It is understood and agreed that Licensee's maintenance and repair obligations pursuant to this Section,5 shall remain in full force and effect until the effective date of any termination of this Agreement in order to ensure that, subsequent to termination the Access License Area is returned to Licensor in a neat, clean, sanitary and safe condition. If it is determined, in Licensor's sole discretion, that the condition of the Access License Area at the time of termination of this Agreement impacts Licensor's current or future use of the Access License Area or Licensor's Property, Licensee shall ensure that the Access License Area is returned to its pre -access condition within a reasonable amount of time after the date of such termination, including but not limited to leveling, reseeding and fertilization of same whereby grass ground cover is of the same type and condition as prior to access by Licensee. 6. Insurance. Licensee will obtain and maintain policies of insurance of such kinds and in such amounts as reasonably required to protect the Licensor from claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings), related to, arising from, or alleged to have arisen from, the construction, maintenance, repair, operation or utilization of the Access License Area by Licensee, its officers, officials, contractors or agents or invitees. For purposes of this Agreement Licensee shall, at a minimum, obtain and maintain commercial general liability insurance withpolicy limits of not less than $1,000,000 per occurrence / $2,000,000 annual aggregate which coverage shall designate the Licensor as an additional insured. On or before the effective date of this Agreement, Licensee will provide to the Licensor 2 certificates of insurance as the Licensor may reasonably specify confirming coverage as required and the inclusion of the Licensor as an additional insured. At least 30 days prior to any material changes in forms or amounts of coverage or any change in carriers providing such coverage, Licensee shall provide written notification to Licensor of such change. Notwithstanding the foregoing, Licensee may self -insure its insurance obligations set forth in this Section 6. 7. Indemnification. To the extent permitted by law, Licensee shall defend, indemnify and hold harmless Licensor, their agents, officers, officials and employees from and against any and all claims, damages, losses and expenses (including but not limited to attorney. fees, court costs and the cost of appellate proceedings), related to, arising from, or alleged to have arisen from, the utilization of the Access License Area by Licensee, its officers, officials, contractors, agents, tenant, or invitees. Term of Agreement. The initial term of this Agreement shall commence on March , 2020, and shall remain in effect for ten (10) years (the "Initial Term"). The term of this Agreement shall automatically renew at the end of the Initial Term for successive one year terms (each, a "Renewal Term") so long as Licensee continues to use the Access License Area for the purposes contained herein or the earlier of (i) such time as either Party delivers a written notice of its intent not to renew at least one hundred eighty (180) days prior to the end of the Primary Term or any Renewal Term and (ii) earlier terminated pursuant to Section 9 below. .9. Termination. This Agreement may be terminated by Licensor in its sole discretion if (i) Licensee is in breach- of any of the terms and conditions contained herein, (ii) Licensee abandons the Access License Area by non-use for more than three hundred sixty-five (365) days, or (iii) Licensee obtains alternate access to Licensee's Property. 10. Amendment. This Agreement may be amended, modified, terminated or cancelled, in whole or in part, only by the agreement of the Parties hereto and their successors or assigns. No such amendment, modification, termination or cancellation shall be effective until a written instrument setting forth its terms has been executed. 11. Governing Law. This Agreement, including any claim or dispute arising hereunder shall be governed by the laws of the State of Texas and any claims arising therefrom shall be exclusive in a court of competent jurisdiction physically located in Jefferson County, Texas. 12.. Authority. Each party warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of each has been property authorized and empowered to enter this Agreement. 13. Assignment. This Agreement may not be assigned by Licensee. 14. Notices. Notices to be sent pursuant to this Agreement shall be sent by certified mail, postage prepaid to the following addresses: 3 Licensor DCP Operating Company, LP Attn: Right of Way Department 5718 Westheimer Road, Suite 1900 Houston, Texas 77057 Licensee City of Beaumont Attn: Kyle Hayes P.O. Box 3827 Beaumont, Texas 77704 15: Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter thereof. No modifications to the terms and conditions of the Agreement shall be binding upon the Parties unless evidenced bya supplemental or substitute agreement in writing signed by the Parties. 16. Counterparts. This license may be executed in counterparts, but which together shall constitute one and the same instrument [signature pages follow] 4 IN WITNESS WHEREOF, the Parties have caused this instrument to be executed and effective as of the date first above written. Licensor: DCP Operating Company, LP a Delaware limited partnership By: Mike Patton, Attorney -in -Fact STATE OF TEXAS COUNTY OF This instrument was signed and acknowledged before me, the undersigned authority, on this day by Mike Patton as Attorney -in -Fact, of DCP OPERATING COMPANY, LP, as the act of the company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2020. Notary Public, State of Texas 5 Licensee: City of Beaumont a Municipal Corporation By: Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON This instrument was signed and acknowledged before me, the undersigned authority, on this day by as , of The City of Beaumont, as the act of the corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2020. Notary Public, State of Texas m Exhibit A Licensee's Property, Licensor's Property and Access License Area EDIT "All 1.105 Acre Non -Exclusive 30' Access Lleense Afea Iri 0' 100' 20w 400' scala i —2W,. tilt p. YyTra�ecl, Ir Fnd 2' I, Pipe. NO6`34'16'E c'�IFI ya" 0 Vlctnity map Fjt1s9a0 Nat to Scam °' Rakltoad 1 1 Delalf'A Not to Scale Ciufstienalebrondt Frank E G1eze Lot 1 potion Deed' 'Elbo rt Welker, Sr. 0: 84. 99 Acre- Residue of Called' 2 acres Robert C.F. Pio-2005032227 Volume 62, Page 494 FiYnCa Ca1peedd rt Acres 6. Acres U P:R J C DJLJ.G. At19AG' Q04yeti,. Set hia-L Rod 3�tih t ° vdcap sl6mpad QB Q Q?�Q6t tiJA ENO: CBRLS 'Fnd 112' '` o kry G' N0: 10106600' G, ^O.Orto�g. 1, Rod '• Fnd 112 CoQ. LRod' ,4 12 L13 j: Seo.DaleO''Ft LExts1N9 Rock Road 1' �1 1 a� et-eog�e a, I apce[o:Gtano2t3 M c1'• Ppstfa Line Table LINE BEAPJNG, DISTANCE Lt' N:0&-26'57" W 49:2W L2 N'0'0848'W 157:05` LT f N'03.0845? W. 89:84 L4• N!03'02'02" ' 109:04' M, N 01'2878" W 27-1 L•6'• N. 3'5545" W 21759:' LT N'86'3416"' 30iS1'' 118• S 1315545' E 210:30. L•9, S011287j8`E 25:01!' L% S.O.'0702' E 109:61, L11' S 846'E_ 99-.64!, L12 S:04'09'4W E 156.97" L13 3.06!29,57" E 79.46' 30' Wide Pion -Exclusive Access License Area 1•..1'05 Acre 48135.83 4 FPct z. ard Opmling Company, LP E OapDC 5.402'Acres C. F. NQ 2007022335. O,P;R.10. erathtg.Campany; LP LlcensorsPro party' DCP'Op' 7,36eAcres ; C.F. Nt�, 2007022333 0, O t O.PJ0.C. o; — LlcensarsF'roperly o �+ m SeL518' L Rod p v�cap damped i ar:Z ^LPA.F14(3.THP.LS 31f.N 0, Fnd 112 NO. 1010560D' Ce " — i�od iJ03°3248"W F a ^� C,H111 t 0-?-% 3Ciyotreeaumont Called 216960 Acres. I FVm Code No. 103.03A1= O:P,Rj:C: Surveyar'S.Cert(frca0art t- lcensee:s'Property The undersigned does hereby eerily that this survey pmt accurately represents an on the ground survey made undermy dltect superAsfon an April 5i 2017 and-ftsuhm4tert.along,%Wh:tia surveyors fold nolo doscripttamorthapropanyshmvn hereon, which Ree In Jefferson County, Taxes. Robart ElbertWalker. Sr. 7:368 Acres C. F. No. 2000046068 O,P.R.J.C, 1: Rod (Bent) AbbreWatfons I. Iron No. Number POC PolntorCommencoment POB, PolntofBeglmdn9, POT Pokd.ofT,ermfhalfon VoL Volume Pg; Page C -F. Clerk'§Fag O.P:R;J:C Official Public Records- of Jefferson County D,R.J:C. Dead'RecorduofJefferson County Notes, All bearings are based upon Iha,Texas Cwdleele System of 1983• (21111y South.Ceniral Zone 4204' (USSurveq.. Faol)1 All distancesand acreages are surface vdth a combined 8dlueiment fedanof i•Stw7`appded. Submfitinganfonn ellen:. City of8eaumont BeaMoA Texas 7T704 AM: Antoinette Hardy. Site Address: amErie St, 3"W 30,00' Beaumont; Texas. 77705 30' WIDE ICON -EXCLUSIVE ACCESS LICENSE' AREA OUT OF DGP OPE'RATFNG COMPANY, LP 1N THE MARCELO GRANGE LEAGUE JEFFERSON: COUNTY, TEXAS FEBRUARY2T 2020 JOH NO;SQ45-1039 U SURVEYING, INC. 2615 Calder Ave; Suite 500 Tel: 409,933,3353 Beaumont, Texas 77702 Fax: 409.0.33:0317, TBPLS Firm 11% 10105600 Exhibit S Access License Area Description 2615 Colder Avenue, Suite 500, Beaumont. Texas 77702 LJA SURVEYING t 4.04833:3363 f 404833:0317 WASURVE`Gcom TSPLS:101OS600 EXRMIT"B" Page 1 of 2 February 27, 2020, Surveyor's Field' Note Description:. 30 foot wide Non -Exclusive Access License Area. BEING a:1.105, acre. (4'8135.83 square feet). of land out ofthat certain DCPOperating Company,, L.P. called 7:358_ acre tract of land; more fully described: and -recorded in Clerk's_File No. 2007022333 and that certain DCP Operating Company, LP called 5.482 acretract of land; more fully described andrecorded,i,n. Clerk's File -No. 20,0:7022335 of the OfficialTubli . Records; of Jefferson County, Texas. Said 1.105 acre (481:35_83 square feet)* ofland,being sitnatedin. the Marcelo Grange League, Abstract Na. 26, Jefferson County, Texas;. BEGINNING at a 1l2 inch iron rod found at the Southeast coiner ofsaid DCP 7.359 acre trach same being the Northeast corner of that certain Robert Elbert Walker, Sr. called 7.358 acre. tract of lam, d;. morefully described and recorded in Clerles. File No- 2000046068 of said Official P'ubilie Records, and being in the West line of that certain Robert Elbert Walker,. Sr. called; 5.0, acre tract of laud; more fully described and recorded in Film; Code No. 103-94-1862 ofsa d Officral Public. Records; THENCE South- 86 deg.. 30 ruin. 56 sec.. West along and with the South line of said DCP 7.358 acre tract, same being the North tithe of said Walker 7.358.acre tract, a distance of 954.58 feet toi x 5/8 inch iron rod found (Gent) at the Southwest comer of saidDCl' 7.358: acre tract,, sanne being the Northwest corner of said Walker 7.358, acre tract -and being.in the East litre of that eertam, City of -Beaumont called 218150 acre tract of land,, more fidly, described and recorded in: Film Code No. 103-03-0258 ofsaid' Ofsia1 Public Records; THENCE Nor fl 03 deg. 32 lll, n. 48 sec.. West along and with the West line of said DCP 7.358 acre tract, same. being the East line ofsaid 218150tacre tract,, a distance. of 30400 feet to a point for=coater htthe West line of said,DCP 7.358 acre t:ractr same being the East line of said -2183.50 acre tract,.from which a, 518 inch iron rod with cap stamped `tiJA ENG. Tl3PLS Na 10105600-" set for refi renec in the West tine of said DCP` 7.358' acre tract, sante being the East lice of said 218150 acre tract, bears North 03 deg.. 32 min. 48, sec. West, a distance of 30.00 feet;. THENCE North 86 deg. 30` min: 56. see. East a distance of 924'.63- feet to a point for corner at an etl corner; THENCE in &Northwesterly (Erection the following courses and distances; North, 03 deg. 26 Hain. 57 sec. West a distance of49.29,feet to a point for corner; North: 04 deg. 09'mhL 48 sec: West a distance of 157.05 feet to a -point for corner; North: 03 deg. 08 irdn- 446, sec. West at a distance of 99.63 feet to a pass &eNortb, line of said, 7.358 acre tract,, same being the South line of said 5.482 acre bract, continuing in all a total distance of 99.84 feet to apoint for corner; North 03 deg. 02 min. 02 sec, West a distance of 7:09.04 feet to a point for corner;: North 01 deg. 28: min. 28 sec. West a distance of22.15 feet to apoint for comer; North 13 deg 55, min. 45 sec. West a distance of 21259 feet to a point fda corner in theNorth line of said 5.482' acre tract and- Abstract No. 26; same being. the South lute of that certain Centana Intrastate Pipeline Company called 15.0018 acre tract, more fully described andrecordedin Clerk's File,No. 974:0740 of said Official Public Records- and said Abstract No. 45;. NCE North 86 deg. 34 rain. 16 sec. East along and, with; the North line of said 5.482 acre tract and Abstract No-. 26,. same being the South line of said 15:0018 acre tract and Abstract No: 45, a distance of 30 foot wide Non -Exclusive Access license Area February 27, 2020 Page 2 30:51 feet to a poiimt for coater,, from which- a 2" iron pipe found for the Southeast corner of said 15.0018 acre tract and Abstract No. 45;. same being the Southwest corner of the John A. Veatch Sun+ey, Abstract Nm. 55,. bears North 86 deg. 34 min. 1'6 see. East, a distance of 10.43 feet; THMCE South 13: deg. 55 main. 45 sec East a distance of 210.3Heet to a point toi comer in the East line of said 5.482 acre tract, same being the Southwest comer of that certain DCP Operating. Company; LP called 1.00 acre tract, more fully described amid recorded in C.F. No. 2012033:117 of said Official Public Records, and, samne being an ell. corner in the west line of the residue of that certain. Christian Hillebrandt called 84.2 acre tract, more frilly described as Lot 1 in a Partition Deed recorded in Volume 62, Page 494 of the Deed Records of Jeffersoma County, Texas; THENCE South 0`1 deg. 28 min. 28 sec. East along and with. the East tine of said 5.482 acre tract, same being a West line of said residue of called 84.2 acre tract a distance of 25.01 feet, to a point for corner at the Northwest corner of said that certain Frank E. Glaze called 0.99 acre tract of land; more fully described and recorded in CY, No. 2005.032221 of said Official Public Records, same being an ell comer in the West line of said residue. of called 84.2 acre tract; THENCE South 03. deg. 02 min. 02 see. East. along and with the East lime of said 5.4.82 acre tract, same being the West Cure of said 0.99 acre tract, a distance of 108.61 feet to a paint for corner at the Southeast cornerof said 5.482 acre tract; same being the Northeast corner of said 7.358 acre tract; THENCE South, 03 deg_ 08rain 46 see_ East along and with the East line of said 7.358 acre tract, same being. the Vilest line of said 099 acre tract„ a distance of 99.54 feet to. a 112' inch iron rod found at the South-west corner, of said 0'.99 acre tract, same being an ell corner in the West line of said residue of called 84.2 acre tract; THENCE: South -04 deg. 09 num.: 48 sec_ last along and with the East line of said; 7.358 acre tract;. same being.. a west lime of said residue of called K2 acre tract, a distance of 1569.7 feet to a point for comer at the Southwest corner of said residue of called 84.2 acme' tract, same being the Northwest corner of said 5.0r acre tract; THENCE South 03 deg. 26 min. 57 sec. East along and with the East tine of said 7.358 acre tract, same beinj the West line of said 5 Q' acre tract,at a. distance of 19.46 feetpass a 5/8 inch iron rod with capstamped "LJA. ENa, ' TB.PLS NO. 101a560a" set for reference, continuing on for a total distance of 79'.46 feet to the PLACE. OF BEGIN MURG, containing 1. 105, acres. (48135.83 square feet); of land, more. or less.. (Yhis description. is based upon a stirvey made on: the gr ound rnmder• nV direct super•vWan on Apr115;,. 2077 and, iss being submitted alang m filth a sea vey plat shaiving the property and, facts foan d as dm?.soribecl herein. 1111 bearings are based upon the Teras. Coordinate Sjrsteni of -1983 (CORS);Sou#Ix Cerrh al'Zorre `420 `(US Swve}l foot). Alldhrances andacreages eages arae sen face with a conrbMed adjiulincnt. factor of 7.00007 applied:), RegisA Professional Lamed Snrveyor (::WESLEY ...................... KYLE MAXEYt o_.. "_ 6536v:' -4p -�s Marsh xl� Posal af)"j, Gun Club dcp A4[dst,ea r apaurr7des; Ii onm Gas, H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works "& Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Beaumont Retreat W, LP has agreed to convey a 19,188.18 sq. ft. ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a0,4405 acre tract of land, part of Lot 2, Block K, T.H. Langham Estates Subdivision; City of Beaumont, Jefferson County, Texas. The: easement is for the construction.of new senior citizen apartments located at 5945 College Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Beaumont Retreat W, LP has agreed to convey one (1) nineteen thousand, one hundred eighty-eight and eighteen hundredths (19,188.18) square foot, ten foot (10') wide exclusive water line easement, said easement being a 0..4405 acre tract of land, part of Lot 2, Block K, T. H. Langham Estates Subdivision, City of Beaumont, Jefferson County, Texas, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate the construction of new senior citizen apartments located at 5495 College Street; 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 is in the best interest of the City of Beaumont 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) nineteen thousand, one hundred eighty-eight and eighteen hundredths (19,188.18) square foot, ten foot (10') wide exclusive water line easement conveyed by Beaumont Retreat W, LP, being a 0.4405 acre tract of land, part of Lot 2, Block K, T. H. Langham Estates Subdivision, City of Beaumont, 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 17th day of March, 2020. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, BEAUMONT RETREAT W, LP, a Texas limited partnership, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 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 , 2020 GRANTOR: BEAUMONT RETREAT W, LP a Texas limited partnership By: Beaumont Retreat W GP, LLC a Texas limited liability company, its general partner By: ITEX Advisors, LLC a Texas limited liability company, its manager By: the ITEX Group Management, LLC a Texas limited liability company, its manager By: Christopher A. Akbari Manager DINT NTIONALLY LEFT BLANKI ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Christopher A. Akbari, 'Manag_er, of the ITEX GROUP MANAGEMENT, LLC, 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 corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2020. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 �V TBPE Firm No. F-5755 i. R ■.. �,\ ® TBPLS Firm No..1o12moo LA EF.o005711 X3737 Doctors Drive _ - Port Arthur, Texas 77642 SURVEYORS&ENOINEERS; s Office (469) 983.2004 Fax (409) 983.2005 EXHIBIT "A" 0.4405 ACRES OF LAND PART OF LOT 2, BLOCK "K" T. H. LANGHAM ESTATES SUBDIVISION JEFFERSON COUNTY, TEXAS BEING 0.4405 acres of land, part of Lot 2, Block "K", T. H. Langham Estates Subdivision, recorded in Volume 4, Page 89, Map Records, Jefferson County, Texas; being part of a (Called 8.698) acre tract of land, described in a deed to Beaumont Retreat W, LP, recorded in File No. 2018038514, Official Public Records, Jefferson County, Texas; said 0.4405 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. BEGINNING at a 1/2" steel rod capped and marked "SOUTEX", found on the South right of way line of College Street, a.k.a. US Route 90, for the Northwest cornet of the (Called 8.698) acre tract' and the Northeast comer. of the herein described tract; said 1/2" steel rod having Coordinates of N: 13967414.92, E: 3498730.92; THENCE, South 03 deg., 25 min., 33 sec., East along the easterly line of the of the (Called 8.698) acre tract, a distance of 360.19' to a "X" mark in concrete, found for comer; THENCE, North 86 deg., 39 min., 45 sec., East along the northerly line of the (Called 8.698) acre tract, a distance of 385.87' to a point for corner; from which a 1/2" steel rod capped and marked "SOUTEX", found for the northeasterly corner of the (Called 8.698) acre tract, bears North 86 deg., 39 min., 45 sec., East, a distance of 371.09'; THENCE, South 03 deg., 20 min., 15 sec., East, a distance of 327.81' to a point for corner; THENCE, North 86 deg., 23 min., 01 sec., East, a distance of 10.04' to a point for comer; THENCE, South 03 deg., 20 min., 15 sec., East, a distance of 12.27' to a point for corner; THENCE, North 84 deg., 10 min., 43 sec., East, a distance of 527.80' to a point for comer on the West right of way line of Wendelin Road, a point on the easterly line of the (Called 8.698) acre tract and point for corner of the herein described tract; from which a 1/2" steel rod capped and marked "SOUTEX", found for the most Easterly Northeast comer of the (Called 8.69 8) acre tract, bears North 03 deg., 23 min., 19 sec., West, a distance of 109.17'; THENCE, South 03 deg., 23 min., 19 sec., East, along the West right of line of Wendelin Road and the Easterly line of the (Called 8.698) acre tract, a distance of 10.01' to a point for corner; THENCE; South 84 deg., 10 min., 43 sec., West, a distance of 547.87' to a point for corner; THENCE, North 03 deg., 20 min., 15 sec., West, a distance of 340.92' to a point for corner; THENCE, South 86 deg., 39 min., 45 sec., West, a distance of 44.65' to a point for corner; THENCE, South 03 deg., 20 min., 15 sec., East, a distance of 10.00' to a point for corner; THENCE, South 86 deg., 39 min., 45 sec., West, a distance of 10.00' to a point for corner; THENCE, North 03 deg., 20 min., 15 sec., West, a distance of 10.00' to a point for comer; THENCE, South 86 deg., 39 min., 45 sec., West, a distance of 301.95' to a point for comer; THENCE, South 03 deg., 20 min., 15 sec., East, a distance of 10.00' to a point for comer; THENCE, South 86 deg., 39 min., 45 sec., West, a distance of 10.00' to a point for corner; THENCE, North 03 deg., 20 min., 15 sec., West, a distance of 10.00' to a point for corner; THENCE, South 86 deg., 39 min., 45 sec., West, a distance of 33.20' to a point for comer; THENCE, South 03 deg., 20 min., 15 sec., East, a distance of 181.98' to a point for corner; THENCE, South 86 deg., 39 min., 45 sec., West, a distance of 10.00' to a point for corner; THENCE, North 03 deg., 20 min., 15 see., West, a distance of 9.00' to a point for corner; THENCE, South 86 deg., 39 min., 45 sec., West, a distance of 46.00' to a point for corner; THENCE, North 03 deg., 20 min., 15 sec., West, a distance of 10.00' to a point for comer; THENCE, North 86 deg., 39 min., 45 sec., East, a distance of 46.00' to a point for comer; THENCE, North 03 deg., 20 min., 15 sec., West, a distance of 172.98' to a point for corner; THENCE, North 86 deg., 39 min., 45 sec., East, a distance of 23.93' to a point for corner; THENCE, North 03 deg., 25 min., 33 sec., West, a distance of 360.17' to a point on the South right of way line of College Street, a.k.a. US Route 90, a point on the Northerly line of the (Called 8.698) acre tract and a point for comer of the herein described tract; THENCE, North 86 deg., 34 min., 27 sec., East (Called North 89 deg., 26 min., 41 sec., East) along the South right of way line of College Street, a.k.a.US,Route 90 and the Northerly line of the (Called 8.698) acre tract, a distance of 10.00' to the POINT OF BEGINNING and containing 0.4405 acres of land, more or less. These descriptions are based on the Land Title Survey made under the direct supervision of Jeremy. J. Mitchell, Registered Professional Land Surveyor No. 6700, on July 25, 2019. Beaumont Retreat W, LP LS -18-0088 CFI- ` * -Vd'- tf � ...:......................s ... JEREMY J. MITCHELL ?coo_ 6700 —I N 86'40'25" E 80.00' (CALLED N 8976'41' E)� — FOUND 1/2'�7_ STEEL. ROD I N � BE a 6q0 M 0 �oo I v�� 01 COLLEGE STREET AKA U.S. ROUTE 90 ( PUBLIC R.O.W.) — POINT OF BEGINNING -FOUND 1/2' STEEL ROD CAPPED 'SOU'0 SCALE L 1' - 100'- 100' d 6 da 10 E.349874310.92 �pV pG�\� R �9 E'- R J O� FOUND 'X' IN CONC. 0.4405 ACRE OF LAND L — _ — — — — — OUF OF LOT 4 BLOCK "K' LANGHAM ESTATE SUBDIVISION JEFFERSON COUNTY, TEXAS (CALLED 8.698 ACRES) BEAUMONT RETREAT W, LP. F.# 2018038514, O.P.R.J.C. NOTE - 1 . OTE:1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, (US SURVEY FEE REFERENCED TO SMARTNET, NA 2. MET AND BOUNDS TO ACCOMPANY SURVEY OF EVEN DATE. W U) Cq 13a rn w a l� I? LINE TABLE f LINE NO. BEARING DISTANCE L7 N 8634'27' E 10.00' L2 N 8823'01' E 10.04' L3 S 03'20'ts• E 12.27' L4 S 0323'19" E 10.01' L5 S 86'39'45' W 44.65' L6 S 0320'15' E 10.00' L7 S 8839'45' W 10.00' LB N 0320'15' W 10x0' L9 S 0370'15' E 10.00' UO S 86'39'43' W 10.00' Llt I N 0320'15' W 10.00' 0.4405 ACRE OF LAND L — _ — — — — — OUF OF LOT 4 BLOCK "K' LANGHAM ESTATE SUBDIVISION JEFFERSON COUNTY, TEXAS (CALLED 8.698 ACRES) BEAUMONT RETREAT W, LP. F.# 2018038514, O.P.R.J.C. NOTE - 1 . OTE:1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, (US SURVEY FEE REFERENCED TO SMARTNET, NA 2. MET AND BOUNDS TO ACCOMPANY SURVEY OF EVEN DATE. W U) Cq 13a rn w a l� I? LINE TABLE f BEARING DISTANCE N 88'39'45' E 371_09' 5 8639'45' W 33.20' PLL12� S 03'20'15" E 181.98' — — _ S 8639'46' W 10.00' N 03'20'18' W 9.00' S B639'45' W 46.00' L17 N 0320'15' W 10.00' L18 N 883946' E 46.00' L19 N 0320'15' W 172.9B' L20 N B639'48" E 23.93 L21 S 0323'19' E 30.5 222 N 03'23'19' W 109.17 0.4405 ACRE OF LAND L — _ — — — — — OUF OF LOT 4 BLOCK "K' LANGHAM ESTATE SUBDIVISION JEFFERSON COUNTY, TEXAS (CALLED 8.698 ACRES) BEAUMONT RETREAT W, LP. F.# 2018038514, O.P.R.J.C. NOTE - 1 . OTE:1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, (US SURVEY FEE REFERENCED TO SMARTNET, NA 2. MET AND BOUNDS TO ACCOMPANY SURVEY OF EVEN DATE. W U) Cq 13a rn w a l� I? F 1J 8 f N 88'39'45' E 371_09' 09 �X F FOUND 1/Y STEEL ROD F d a CAPPED "SOUTEX' I a m 1� 18-0088 1"=100' 7/25/19 5103b-57— im NO. 6700 1 OF 1 FOUND 1/2' STEEL ROD f f CAPPED 'SOUTEX' f N 88'39'45' E 371_09' — — _ -(r Z L3 --i ¢,6d c'F_-s aL*0 a ur � (CALLED &698 ACRES) BEAUMONT RETREAT W. LP. ZZ vva I^I fes$ F./ 201808514, O.P.R.J.C. O 3 FOUND 1/2' STEEL RODJ CAPPED 'SOUTEx' Z m _ I� _ m�•o- 3 F Ys�A x N 84'10'43' E 527.80' J w S 8410'43' W 547.87' 1 g 6 o FOUND 1/Y STEEL ROD F d a CAPPED "SOUTEX' I a m 1� 18-0088 1"=100' 7/25/19 5103b-57— im NO. 6700 1 OF 1 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION:. Council consider a resolution authorizing the City Manager to execute all related documents for the purchase of a 200 square feet right-of-way for the Washington Blvd Phase 2 Project. BACKGROUND The owner of the property listed below, has agreed to sell a portion of their property to the City of Beaumont for.the Washington Blvd Phase 2 Project in the amount of $550.00: 200 square feet right-of-way situated in the J.W. Bullock Survey, Abstract No. 7 Owner: Kathleen Clinkscales Appraisal Value: $550.00 FUNDING SOURCE Beaumont Municipal Airport Oil & Gas Revenue. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibits 1" and "2" and shown on Exhibits "3" and "4," attached hereto, for the Washington Boulevard Phase II Project: Description: 200 square feet right-of-way situated in the J.W. Bullock Survey, Abstract No. 7 Address: 3405 Washington Boulevard Owner: Kathleen Clinkscales Appraised Value: $550.00 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 purchase of the above described property be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described property. 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 17th day of March, 2020. - Mayor Becky Ames - AGREEMENT PROJECT: Washington Blvd Phase 2 Property ID 4: 19040 THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between the Kathleen Clinkscales, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in a Special Warranty Deed to be executed by GRANTOR, to which reference is hereby .made for complete description, said property being briefly described as follows: 200 square feet right-of-way situated in the J. W. Bullock Survey, Abstract No. 7, being out of and part of Lot 1, Block 2 of Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas. The consideration and conditions of agreement are filly listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: FIVE HUNDRED FIFTY AND NO/100 DOLLARS ($550.00) All liens and'taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the . delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS' ARE AUTHORIZED. EXECUTED this day of airtu 2020. CITY OF BEAUMONT GRANTOR .Antoinette Hardy taffileen Clinkscales Real Property Coordinator Exhibit 1 I \/1ii111!i� I I Legal Description: 200.00 Square Feet Right -of -Way Out of and Part of Lot 1, Block 2 Carver Terrace Volume 7, Page 43, Map Records J.W. Bullock Survey, Abstract No. 7 Beaumont, Jefferson County, Texas BEING a 200.00 square feet right-of-way situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being out of and part of Lot 1, Block 2 of Carver Terrace, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 7, Page 43, Map Records, Jefferson County, Texas, said 200.00 square feet right-of-way being more particularly described as follows: NOTE: All bearings are referenced to the assumed bearing of NORTH 00°00'00" EAST for the East line of Lot 26, Block I of the above referenced Carver Terrace. All set 5/8" iron rods set with caps stamped "M. W. Whiteley & Associates". COMMENCING at a 1/2" iron pipe found for the Southeast corner of the said Lot 1 and the Northeast corner of the Lot 26, Block 1 of the said Carver Terrace and said corner being in the West right -of- . way line of Eighth Street (based on a width of 60 feet) and said corner bears NORTH 00°00'00" EAST a distance of 139.90 feet from a 3/8" iron rod found for the Southeast corner of the said Lot 26; THENCE NORTH 00000'00" EAST, along and with the East line of the said Lot.l and the West right- of-way line of Eighth Street, for a distance of 120.10 feet to a 5/8" iron rod set for the Southeast corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 44°57'23" WEST, over and across the said Lot 1, for a distance of 28.31 feet to a 5/8" iron rod set for corner, said corner being in the North line of the said Lot 1 and the South right- of-way line of Washington Boulevard (based on a width of 60 feet); THENCE SOUTH 89054'45" EAST, along and with the North line of the said Lot 1 and the South right-of-way line of Washington Boulevard, for a distance of 20.00 feet to a 5/8" iron rod set for corner, said corner being the Northeast corner of the said Lot 1 and the intersection of the South right-of-way line of Washington Boulevard and the West right-of-way line of Eighth Street; THENCE SOUTH 00000'00" EAST, along and with the East line of the said Lot 1 and the West right- of-way line of Eighth Street, for a distance of 20.00 feet to the POINT OF BEGINNING and containing 200.00 Square Feet, more or less. Surveyed on November 19, 2019. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). OF 11 10 .................................... THOMAS S. ROWS .o..q ............. .o ... .e. ..... g..e.. Thomas S. Ro , RPLS No. 5728 qA 5728 "r Texas Surveying Firm No.: 10106700 `�°-1S S W.\2019\19-1542\19-1542m&b.dooc EXHIBIT "A" IYL9eL�r w wu ' ••� �.IlVC: Exhibit 2 CALCULATED CORNER UNABLE TO FIND OR SET CORNER DUE TO FND S89'54'45"E FENCE POST 30.00' FND 1/2" I. PIPE IN SET 5/E CONCRETE BEARS . I. RO N32'21'35'E 0.96' WASHINGTON BOULEVARD SET 5/8" (60' ROW) I. ROD (CALL 564.50') L2 r/'-- FND S89'54'45"E 565.29' 200 SQ. FT.-' RIGHT -OF- WAY BLO�ARP`Gp CP�R�LR �pG,Q3 VO oic FND 1 I. PIPE TIC) 26 Vol gyp'( EUCLID STREET (60' ROW) SET 5/8- 1. ROD 1q CD 0 O 0 o� o� 0 o� z o 0 w o� 0- C' m Ov U z 63 C3 w FND 3/8- 1. ROD 0 0 0 m- 04 C' w O 00 O M O N 09 O Z v 0 F- LLI W U)OR =o I- m C9 Lu TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS 5—ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: NOVEMBER 19, 2019 OFA Exhibit 3 FND 5/8- 1. ROD n p2 to in �- E- 0 0 Lr 2 R ` co ji pG. GP+010 .M7R�G axl t9 UNE BEARING DISTANCE L1 N44'57'23W 28.31' L2 SBT54'45"E 20.00' L3 S00'00'0O'E 20.00' EXHIBIT "Bo' REFER TO EXHIBIT A" FOR LEGAL DESCRIPTION 0' 15' 30' 60' Scale: l--30' EXHIBIT OF 200.00 SQ. FT. RIGHT-OF-WAY J. W. BULLOCK SURVEY ABSTRACT NO. 7 BEAUMONT JEFFERSON COUNTY, TEXAS R BY:KLK CK BY:7SR APP BY:7SR ER: ACID 2D19 ISM- NiSHEET No- e KOY. 24 7919 - 1 "=30' 1 OF 1 9E JW MD. \2019\79-1542\79-1542.DW 19-1542 MARK V YYHITEL EY AIND ASSOCIATES INCORPORATED ' CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS T.B.P.L.S. FIRM NO. 10106700 TEXAS REG. ENG. FIRM NO. F-2633 P. m 3=5w 3M P.A5=FRWY. RENNGKr, TFXA0 nrAado BEUMMr. TFXA27T703 'f (FA)g 4MM Ib18 a S00 SQUARE FOOT SIDEWALK EASEMENT IN THE NORTH EASTCORNER OF THE PROPERTY ate.. . t 4. ", rR Z�Y' ID 0.40 f t i PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION BEAUMONT TEXAS 3405 WASHINGTON BLVD SIDEWALK EASEMENT SKETCH DATE: 10/29/2019 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager] PREPARED BY: James P. Singletary, Chief of Police I" MEETING DATE: March 17, 2020 J 6 0 REQUESTED ACTION: Council consider a, resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding between the City of Beaumont Police Department and the Karyn Purvis Institute of Child Development. BACKGROUND The Karyn Purvis Institute of Child Development at Texas Christian University provides training and consultation for organizations that provide services for at -risk youth for sex trafficking, trafficked youth that are unidentified, and trafficking survivors. Entering into this MOU will allow for training, consultation and evaluation through a grant that is funded by the Texas Office of the Governor. This Trust -Based Relational Intervention allows the City of Beaumont Police Department to become an organizational member of this Child Sex Trafficking Project. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or his designee be and they are hereby authorized to execute a Memorandum of Understanding between the Beaumont Police Department and the Karyn Purvis Institute of Child Development through the Trust -Based Relational Intervention® (TBRI) Organizational Member of the Child Sex Trafficking Project for the purpose of training, consultation and evaluation for at -risk youth for sex trafficking, trafficked youth that are unidentified, and trafficking survivors. Said Memorandum of Understanding 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 17th day of March, 2020. - Mayor Becky Ames - KAKYN PURVIS.INSTITUTE 0 CHILD D ELOPMENT -- E5 r. ,W :---_____ Trust -Based Relational Intervention® (TBRI) Organizational Member of the Child Sex Trafficking Project Memorandum of Understanding The Karen Purvis Institute of Child Development (MCD) at Texas Christian University provides training and consultation for organizations that provide services for youth at -risk for set trafficking, trafficked youth that are unidentified, and trafficking survivors. This effort enhances the capacity for positive community impact and includes training, consultation, and evaluation. Funding for this work has been provided by a grant received through the Teras Office of the Governor. The MOLT commenced October 1, 2019 and will end on September 30, 2020. KPICD and member organizations will: • Develop a sharm ed understanding of trauma, TBRI, how best to support cultural transforation and healing, and how to best implemetit TBRI. • Share information and success stories with policy makers in an effort to work together to promote policies that embrace TRBIO-related practices that heal children and youth, as well as support and incentivize agencies and,families that pursue trauma -informed healing. I PICD wilL• • Provide regional 2 -day TBRI trainings. • Provide consultation to practitioners/organizational leaders regarding implementation. o Provide periodic check -ins with each organizational member. • Collect information to document change over time. • Conduct interviews, focus groups, and site visits with a small number of organizations. Member organizations wilL• • Develop a TBRI implementation pian • Consult with I-r,'PICD staff regarding implementation progress. •. Develop and utilize internal expertise focused upon TBRI implementation • Attend regional stakeholder meetings • Complete an annual survey m Selected organizations will participate in interviews, focus groups, and ethnographic site -visits. Agency: Represented by: Signature: Representative Date Katyn Purvis Institute of Child Development EXHIBIT "A" BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS , MARCH 17, 2020 1:30 PM AGENDA Cil\111 IRI �ZI L 1 * Invocation Pledge Roll Call * Presentations and Recognitions — Informational Report from the Public Health Director Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to award a contract to Gulf Coast a CRH Company, of Beaumont for the Old Voth Road Asphalt Resurfacing Project 2. Consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Tram Road Asphalt Resurfacing Project Consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Sherwood Drive Asphalt Resurfacing Project 4. Consider a resolution authorizing the City Manager to award a contract to Gulf Coast a CRH Company, of Beaumont for the Pine Street Asphalt Resurfacing Project 5. Consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Griffing Road Asphalt Resurfacing Project 6. Consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Piney Point Lane Asphalt Resurfacing Project 7. Consider a resolution approving contracts for the purchase of ready -mix concrete and heavy materials for use by multiple City departments 8. Consider a resolution approving a contract with Public Management of Cleveland, Texas for grant management services related to tropical storms Harvey and Imelda PUBLIC HEARING Receive comments on the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 -.feet south of Dishman Road 9. Consider an ordinance approving the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 feet south of Dishman Road Receive, comments on the Public Services and Public Facilities and Improvement line items of the Consolidated Grant Program's 2020 Annual Action Plan WORK SESSION COMMENTS Review and discuss a proposed Eagle Scout Monument Project at Pipkin Park Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney 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 Trung Tai Truong James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 Brandy Springer, et al v. City of Beaumont and CH2M Hill Engineers, Inc.; Cause No. B-198,469 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 17, 2020 Consider a resolution authorizing the City Manager to'award a contract to Gulf Coast a CRH Company, of Beaumont for the Old Voth Road Asphalt Resurfacing Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Gulf Coast a CRH Company, of Beaumont for the Old Voth Road Asphalt Resurfacing Project. BACKGROUND The Old Voth Road Asphalt Resurfacing Project consists of rehabilitation of the road by milling the existing asphalt and then overlaying with new asphalt from Tram Road to Griffing Road. On February 6, 2020, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Gulf Coast a CRH Company Beaumont, TX $645,935.55 LD Construction Beaumont, TX $713,505.80 ALLCO, LLC Beaumont, TX $871,433.45 Leland Bradlee Construction, Inc. Longview, TX $898,363.20 Hayden Paving, Inc. Houston, TX $984,417.00 Engineer's Estimate $837,241.90 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Gulf Coast, in the amount of $645,935.55. A total of 130 working days are allocated for completion of the project. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $516,748.44 with the remaining $129,187.11 from the Capital Program. RECOMMENDATION Approval of the resolution. SECTION 0210 BID SCHEDULE PW0419-11 For: City of Beaumont Old Voth Road Asphalt Resurfacing Project Limits: Tram Road to Grilling Road City of Beaumont CI1TY COAST A CRN COMPANY I TA CONSTRUCTION AT.TPA TJ r Item Na Item Code Descriptio. Estlmnted Quantity Unit Unit Price Total Unit Price Total Unit Price Tatal - Unit Price Total Unit Price Total Unit Prim Total 100 6001 PREPARING ROW (NOT TO EXCEED $300 PER STATION) 93 STA $ 229.00 S 21,297.00 S 300.00 S 27,900.00 S 300.00 S 27,900.00 S 300.00 S 27,900.00 S 300.00 $ 27,900.00 $ '300.00 $ 27,900.00 344 6135 SUPERPAVE MIXTURES SP -D SAC -A P076-22 (2'MLiMTTS OF PAY PROP. ROAD WID 18,622 SY $ 12.00 S 223,464.00 S 11.00 $ 204,842.00 S 13.00 S 242,086.00 $ 12.00 S 223,464.00 $ 17.50 S 325,885.00 S 12.00 $ 223,464.00 351 6001 REPAIR OF FLEXIBLE PAVEMENT (8' ASB) 2,793 SY S 64.75 S 180,846.75 S 90.00 $ 251,370.00 $ 67.40 $ 188,248.20 $ 35.00 S 97,755.00 $ 107.00 S 298,851.00 S 60.00 S 167,580.00 354 6096 PLANE ASPH CONC PAV (I- TO 3') 18,622 SY S 250 S 46,555.00 S 3.00 S 55,866,00 S 8.50 $ 158,287.00 $ 5.00 S 93,110.00 S 3.00 $ 55,866.00 S 7.00 $ 130,354.00 354 9999 FLANE ACP (3" TO 4' (SKID STEER MOUNT -ED 1,802 SY $ 650 $ 11,713.00 $ 3.00 $ 5,406.00 S 9.00 S 16,218.00 S 10.00 S 18,020.00 S 10.00 $ 18,020.00 $ 11.00 S 19,822.00 500 6001 MOBILIZATION (NOT TO EXCEED 5%) 1 LS S 30,400.00 S 30,400.00 $ 20,000.00 S 20,000,00 $ 35,000.00 S 35,000.00 S 42,779.20 $ 42,77920 $ 45,000.00 $ 45,000.00 S 76,112.90 S 76,112.90 502 6001 BAEXCEED RRICADES,000 PR MO SIGNES, &TRAFFIC HANDLING (NOT TO 6 MO S 2,000.00 S 12,000.00 S 1,000.00 S 6,000.00 S 800.00 $ 4,800.00 E 4,000.00 S 24,000.00 S 5,000.00 $ 30,000.00 $ 5,000.00 $ 30,000.00 530 6011 INTERSECTIONS, DRIVEWAYS, AND TURNOUTS (SP -D) 2,323 SY $ 18.80 S 43,672.40 $ 25.00 S 58,075.00 $ 16.50 S 38,329.50 $ 100.00 $ 232}00.00 S 20.00 $ 46,460.00 $ 23.00 $ 53,429.00 644 6999 SMALL ROADSIDE SIGN ASSEMBLY 1 EA $ 970.00 $ 970.00 S 825.00 S 825.00 S 920.00 S 920.00 S 2,500.00 $ 2,500.00 S 500.00 S 500.00 S 750.00 $ 750.00 666 6036 REEL PAV MRK TY -1 (W) (81) (SLD) (100 MI.) 10 LF $ 5.10 $ 51.00 S 5.50 $ 55.00 S 10.00 $ 100.00 S 20.00 S 200.00 S 20.00 S 200.00 S 3.00 S 30.00 666 6042 REFL PAV MRK TY -i (H) (12") (SLD) (100 MI.) 10 LF $ 1550 $ 155.00 S 16.50 $ 165.00 S 2400 S 260.00 S 20.00 $ 200.00 $ 20.00 S 200.00 S 4.00 S 40.00 666 6120 REFL PAV MRK TY 1 (1) (41(BRK) (100 MI.) 2,170 LF $ 1.87 S 4,057.90 S 2.04 $ 4,426.80 S 2.30 $ 4,991.00 $ 3.00 S 6,510.00 S 3.00 $ 6,510.00 S 2.00 S 4,340.00 668 6027 PREFAB PAV MRK TY B (W) (WORD) 2 EA $ 810.00 S 1,620.00 $ 880.00 $ 1,760.00 $ 972.00 S 1,944.00 S 800.00 S 1,600.00 $ 500.00 $ 1,000.00 S 500.00 S 1,000.00 713 6005. CLEANING AND SEALING JOINTS AND CRACKS (CLASS 25,605 LF $ 2.70 S 69,133.50 S 3.00 $ 76,815.00 S 5.95 $ 152,349.75 $ 5.00 S 128,025.00 S 5.00 $ 128,025.00 $ 4.00 S 102,420.00 BASE BID TOTAL $ 645,935.55 $ 713,505.80 $ 871,433.45 $ 898,363.20 $ 984,417.00 $ 837,241.90 ALTERNATIVE BID Estimated Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 251 6001 SPREAD MATERIAL AND REWORK BASE COURSE (NOT TO EXCEED $5 PER SY) I SY S 5.00 S 5.00 S 5.00 S 5.00 $ 5.00 $ 5.00 $ 5.00 S 5.00 $ 5.00 S 5.00 S 5.00 $ 5.00 999 1001 HAUL TRUCK (LEVEL LOAD) (NOT TO EXCEED S 150 PER EACH TRUCK LOAD I EA $ 150.00 S 150.00 $ 150.00 S 150.00 $ 150.00 S 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 S 150.00 $ 150.00 ALTERNATIVE BID TOTAL $ 155.00 $ 155.00 $ 155.00 $ 155.00 $ 155.00 $ 155.00 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Old Voth Road Asphalt Resurfacing — Tram Road to Grilling Road Project; and, WHEREAS, Gulf Coast, a CRH Company, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $645,935.55; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast, a CRH Company, 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 City Council hereby approves the award of a contract to Gulf Coast, a CRH Company, of Beaumont, Texas, in the amount of $645,935.55, for the Old Voth Road Asphalt Resurfacing — Tram Road to Grilling Road Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast, a CRH Company, 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 *Y '*,so PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of March, 2020. - Mayor Becky Ames - 2 March 17, 2020 Consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Tram Road Asphalt Resurfacing Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Tram Road Asphalt Resurfacing Project. BACKGROUND The Tram Road Asphalt Resurfacing Project consists of the rehabilitation of the road by mixing the existing material with a cement treatment and then overlaying the new base with asphalt from Major Drive to US 69 Frontage Road. On February 6, 2020, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount LD Construction Beaumont, TX $603,206.20 ALLCO, LLC. Beaumont, TX $710,147.35 Gulf Coast a CRH Company Beaumont, TX $715,196.75 Hayden Paving, Inc. Houston, TX $1,004,219.50 Leland Bradlee Construction, Inc. Longview, TX $1,897,016.10 Engineer's Estimate $703,690.05 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, LD Construction, in the amount of $603,206.20. A total of 90 working days are allocated for completion of the project. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $482,564.96 with the remaining $120,641.24 from the Capital Program. RECOMMENDATION Approval of the resolution. SECTION 0210 BID SCHEDULE PWO419-13 For. City of Beaumont Tram Road Asphalt Resurfacing Project Limits: Major Drive to US 69 Frontage Road City of Beaumont LD C-troM.. ALLCO. LLC. I f:nif Cnaat a CRA C-anv I 13avdev Pnvinc. Tnr. islnna Rmalu f`nnutnnnHn„ T„n Item No. Item Code D-1 tion Ertl -ted Quantity Unit Unit Ptice Total Unit Price Total Unit Price Total Unit Price TOM[ Unit Prlee Total e Unit Price Total 100 6001 PREPARING ROW OT TO FXCEED$300 PER STATION) 64 STA 5 300.00 S 19 00,00 S 300.00 S 19,200.00 S 260.00 $ 1640.00 $ 300.00 S 19 00.00 S 300.00 5 19't00.00 $ 300.00 S 19,200.00 275 6006 CEMENT TREAT EXIST MAIL 10" (6% CEM -LIME SLURRY) PLAN 17767 SY $ 10.00 S 177,670.00 S 15.60 S 277165.20 $ 13.95 S 247,849.65 S 22.00 S 3906874.00 S 12.00 S 213,204.00 S 13.00 S 23%971.00 340 6175 D -GR HMA (SQ) TY -F P076-22 (115') (LEVEL UP) (LUZT'S OF PAY PROP. ROAD WIDTH) 1178 TON S 110.00 $ 129 80.00 S 109.00 3 12 402.00 S 100.00 $ 117 00.00 S 150.00 5 176,700.00 S 220.00 S 259 160.00 $ 112.00 S 131,936.00 344 6135 SUPERPAVE M XTURES SP -D SAC -A PG -76-22 2"(LIMITS OF PAY PROP. ROAD 17131 SY $ 11.00 S 189,441.00 S 1200 S 205.MOD S 13.50 S 231,26830 S 1750 3 299,792.50 S 65.00 S l,l l3 15.00 S 1200 $ 205 572.00 354 9999 PLANE ACP 3-TO4 SKID STEER MOUNTED EQUIPMENT) 1939 SY S 10.00 S 19 90.00 $ 10.00 $ 19390.00 S 7.90 $ 15 ,318.10 S 10.00 S 19 90.00 S 10.00 S 19390.00 $ 11.00 S 21,329.00 500 I 6001 IMOBILIZATION (NOT TO EXCEED 5%) 1 LS S 20,000.00 S 20000.00 5 23000.00 S 2 000.00 $ 34,100.00 $ 34100.00 S 40000.00 S 40,000.00 S 90 34.10 S 90334.10 S 33 09.05 S 33,509.05 502 6001 BARRICADES, SIGNS, AND TRAFFIC HANDLING (NOT TO EXCEED $5,000 PER MONTH) 4 MO S 1,000.00 $ 4,000.00 $ 900.00 S 39600.00 S 1 00.00 S 000.00 $ 5 000.00 S 20,000.00 S 4,000M $ 1(,000.00 S 5,000.00 S 20,000.00 530 6011 INTERSECTIONS,DRIVEWAYS,& TURNOUTS MMAC TY -D) 1613 SY 5 25.00 S 40 25.00 $ 1455 S 23469.15 $ 26.00 S 41938.00 S 20.00 S 32,260.00 $ 100.00 S 161 00.00 S 23.00 S 37,099.00 666 6042 REFL PAV MRK TY -1 (W) (12') (SLD) (100MIL) 27 LF S 11.00 $ 297.00 S 17.00 S 459.00 S 10.10 5 27270 S 5.00 S 135.00 S 15.00 $ 405.00 S 6.00 $ 16200 666 6120 REFL PAV MILK TY -1 (Y) (4) (BRK) (I00NIL) 1360 LF $ 210 $ 2,992.00 S 230 S 3,400.00 $ 205 $ 2,788.00 S 3.00 $ 4,080.00 $ 2.00 S 2,720.00 S 200 $ 720.00 666 6126 REFL PAM' MRK TY -I (Y) (4") (SLD) (100M M) 596 LF $ 210 S 1,311.20 $ 230 S 1,490.00 S 205 S 1,221.80 S 3.00 S - 1,798.00 $ 3.00 S 1,788.00 5 2.00 $ 1,19200 BASE BID TOTAL $ 603,20610 $ 710,147.35 $ 715,196.75 $ 1,004,21950 $ 1,897,016.10 $ 703,690.05 ALTERNATIVE BID Quantity Unit Unit P.. Total Unit Prlce Total Unit Pcice Total Unk Price Total Unit Price TOM( Unit Prire Total 751 6001 SPREAD MATERIA(• AND REWORK BASE CGURSE OT i0 EXCEED SS PER S 1 SY S 5.00 f 5.00 3 5.00 S 5.00 S 5.00 $ 5.00 S 5.00 $ 5.00 S 5.00 S 5.00 S 5.00 3 5.00 999 1001 HAUL TRUCK EL LOAD OT TO EXCEED $I SO PER EACH TRUCKLOAD) 1 EA 5 150.00 $ 150.00 $ 130.00 5 150.00 5 150.00 S 150.00 S 150.00 S 150.00 $ 150.00 3 150.00 5 150.00 S 150.00 ALTERNATIVE BID TOTAL $ 155.00 S 155.00 S 155.00 $ 155.00 $ 155.00 S 1'x5.00 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Tram Road Asphalt Resurfacing — Major Drive to US 69 Frontage Road Project; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $603,206.20; and, WHEREAS, the City Council is of the opinion that the bid submitted by LD Construction, 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 City Council hereby approves the award of a contract to LD Construction, of Beaumont, Texas, in the amount of $603,206.20, for the Tram Road. Asphalt Resurfacing — Major Drive to US 69 Frontage Road Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, 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 17th day of March, 2020. - Mayor Becky Ames - k March 17, 2020 Consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Sherwood Drive Asphalt Resurfacing Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Sherwood Drive Asphalt Resurfacing Project. BACKGROUND The Sherwood Drive Asphalt Resurfacing Project consists of the rehabilitation of the road by mixing the existing material with a cement treatment and then overlaying the new base with asphalt from Broad Oak Street to Piney Point Lane. On February 6, 2020, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount LD Construction Beaumont, TX $494,639.40 ALLCO, LLC. Beaumont, TX $628,435.60 Gulf Coast a CRH Company Beaumont, TX $637,346.55 Hayden Paving, Inc. Houston, TX $857,344.50 Leland Bradlee Construction, Inc. Longview, TX $1,564,075.35 Engineer's Estimate $598,219.10 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, LD Construction, in the amount of $494,639.40. A total of 90 working days are allocated for completion of the project. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $263,425.15, Federal Emergency Management Agency (FEMA) in the amount of $148,822.16 with the remaining $82,392.09 from the Capital Program. RECOMMENDATION Approval of the resolution. SECTION 0210 BID TAB PWO419-12 For. City of Beaumont Sherwood Drive Asphalt Resurfacing Project Limlts: Broad Oak Street to Piney Point Lane City of Beaumont LD Coastroction I ALLCO. LLC. I Gulf Coast a CRH Comnanv I Hayden Pavino_ Tne- TeL nd Rrndlee CnnarrneNnn. 1.,,. Lem No. Item Cade Desert tloo Estimated Q .. tity Unit Unit Price Tow Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Tow 100 6001 PREPARING ROW OT TO EXCEED $300 PER STATION) 60 STA $ 300.00 S 16 000.00 S 300.00 $ 181000.00 S 277.00 S 16,620.00 S 300.00 $ 18,000.00 S 300.00 S 18,000.00 S 300.00 S 18.000.00 273 6006 CEMENT TREAT IST MATL 10 645 CEM -LIME SLURRY) LAN 15571 SY 5 10.00 S 155,710.00 S 16.60 S 258 478.60 5 15.75 S 245,243.25 S 22.00 S 342,56200 S 12.00 $ 186,85200 S 13.00 S 202 423.00 340 6175 D -GR BMA (SQ) TY -F PG76-22 (1.25') (LEVEL -UP) (LD M OF PAY PROP. ROAD WIDTH) 1010 TON $ 110.00 S 111,100.00 5 11200 S 113,120.00 S 108.OD S 109 080.00 3 150.00 S 151 500.00 S 220.00 S 222,20D.00 S 112.00 S 113,120.OD 344 6135 SUPERPAVE MIXTURES SP -D SAGA PG76-22 2' IMUS OF PAY PROP. ROAD 14689 SY S 11.00 $ 161 79.00 3 1200 5 - 176,268.00 S 1230 S 180,674.70 S 17.50 S 257,05730 S 65.00 $ 954785.00 S 1200 S 176168.00 354 9999 PLANE ACP 3'TO4 SKID STEER MOUNTED EQUIPMEM 843 SY S 10.00 $ 8,430.D0 $ 10.00 5 8.430.00 5 15.60 S 13150.80 S 10.00 5 430.00 S 10.00 $ 8,430.00 S 11.00 S 9273.00 500 6001 MOBILIZATION (NOT TO EXCEED 5%) 1 LS S 20 000.00 S 20 000.00 S 27 000.00 S 27,0D0.00 $ 28 000.00 S 28,000.00 S 40,000.00 $ 40,000.00 S 74,308-35 S 74 308.35 3 18360.10 S 1$160.10 502 6001 BARRICADES, SIGNS, AND TRAFFIC HANDLING (NOT TO EXCEED $5,000 PER MONTH) 4 MO $ 1,000.00 S 4,000.00 S 800.00 5 3,200.00 S 1,500.00 S 6.000.00 $ 5,000.00 S 20,000.D0 $ 4,000.00 S 16,000.00 S 5,000.00 S 20 000.00 530 6011 BNTERSECfIONS,DRIVEWAYS, & TURNOUTS(HMAC TY -D) 535 SY S 10,00 S 5,350.00 S 21.00 5 11235.00 S 54.00 5 28,890.00 S 10.00 5 5,350.00 S 100.00 S 53500.00 S 23.00 S 12,305.00 666 6012 REFL PAV MRK TY- I(W)(4)(SLD)(IOOMIL) 12125 LF S 0.66 S 6002.50 S 090 5 9700.00 $ 0.61 S 7,396.23 $ LOD S 12125.00 S 200 $ 24250.00 $ 2.00 S 24,230.00 666 604g REFLPAV MRKTY-1 (W) (24' (SLD) (100MIL) 55 LF S 16.50 S 907.50 S 20.00 5 1100.00 $ 15.25 S 838.75 S 8.00 S 440.00 $ IO.00 S 550.00 $ 12.00 $ 660.00 666 6120 REFLPAV MRKTY-I (Y) (4') (BRK) (IOOMIL) 1400 LF S 0.93 S 1,162OD S 1.00 $ 1,400.00 S 0.76 5 1,064.00 S 1.00 S 1,400.00 S 200 S 2800.00 S 200 S 2,8D0.00 666 6126 REFL PAV MRK TY -1 M (4') (SLD) (100MIL) 480 LF $ 0.93 S 398.40 S 1.05 S 504.00 S 0.81 S 388.80 5 1.00 $ 480.00 S 5.00 $ 2400.00 5 200 S 960.00 BASE BID TOTAL $ 494,639AO $ 628,435.60 $ 637,346.55 $ 857,34450 $ 1,564,075.35 $ 598,219.10 ALTERNATIVE BID Estimated Quantity Unit Unit Price Total Unit Price Toto] Unit Price Total Unit Price Total Unit Price Total Unit Price Total 251 6001 SPREAD MATERIAL AND REWORK BASE COURSE OT TO EXCEED SS PERS I SY $ 5.00 3 3.00 5 3.00 5 5.00 S 5.00 S 5.00 5 5.00 S 5.00 5 5.00 5 5.00 5 5.00 5 5.00 999 1001 HAUL TRUCK LOAD OT TO EXCEED SI50 PER EACH TRUCKLOAD) 1 EA $ 130.00 S 150.00 S 150.00 5 150.00 3 150.00 S 150.00 5 150.00 S 150.00 S 150.00 5 150.00 5 150.00 S 150.00 ALTERNATIVE BID TOTAL I 5 I55.OD $ 155.00 1 5 155.00 $ 15.00 I S 155.00 1 1 S 155.00 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Sherwood. Drive Asphalt Resurfacing — Broad Oak Street to Piney Point Lane Project; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $494,639.40; and, WHEREAS, the City Council is of the opinion that the bid submitted by LD Construction, 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 City Council hereby approves the award of a contract to LD Construction, of Beaumont, Texas, in the amount of $494,639.40, for the Sherwood Drive Asphalt Resurfacing — Broad Oak Street to Piney Point Lane Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, 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 17th day of March, 2020. - Mayor Becky Ames - IKI March 17, 2020 Consider a resolution authorizing the City Manager to award a contract to Gulf Coast a CRH Company, of Beaumont for the Pine Street Asphalt Resurfacing Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Gulf Coast a CRH Company, of Beaumont for the Pine Street Asphalt Resurfacing Project. BACKGROUND The Pine Street Asphalt Resurfacing Project consists of rehabilitation of the road by milling the existing asphalt and then overlaying with new asphalt from Wiess Street to the IH 10 Frontage Road. On February 6, 2020, five (5) bids were received for fiurnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location . Base Bid Amount Gulf Coast a CRH Company Beaumont, TX $475,073.26 LD Construction Beaumont, TX $481,416.08 ALLCO, LLC Beaumont, TX $515,593.10 Hayden Paving, Inc. Houston, TX $582,826.00 Leland Bradlee Construction, Inc. Longview, TX $1,165,931.55 Engineer's Estimate $524,598.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Gulf Coast, in the amount of $475,073.26. A total of 65 working days are allocated for completion of the project. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $380,058.60 with the remaining $95,014.66 from the Capital Program. RECOMMENDATION Approval of the resolution. For: Cityof Beaumont Pino Street Asphalt Resurfachig Project Limits: Wiess Street to IF 10 Frontage Road City of Beaumont SECTION 0210 BID SCHEDULE PWO419-14 GULF COAST A CRH COMPANY I LD CONSTRUCTION I ALLCO. LLC HAYDEN PAVING.INC. I i.RT ANn RRAIN.Fr. r0N.'ZMT1(-F`!M. rNr IxNrtNRxo.c xrrrns�rx Item No. Item - Code Description Estitaatcd-��--- Quantity Unit Udt Price Total Unit Priu Total Unit Price Total Unit Price Total Unit Price Total Unit Prim Total I00 6001 PREPARING ROW (NOT TO EXCEED $300 PER STATION) 45 STA $ 300.00 $ 13,500.00 S 300.00 $ 13,500.00 S 300.00 $ 13,500.00 S 300.00 $ 13,500.00 $ 300.00 S 13,500.00 $ 300.00 S 13,500.00 344 6135 SUPERPAVE MIXTURES SP -D SAC -A PG76-22 (2'XL1MITS F PAY PRPROAD WIDTH) 12,830 SY $ 1750 $ 224,525.00 $ 11.00 $ 141,130.00 S 13.20 $ 169,356.00 S 17.50 $ 224,525.00 $ 65.00 S 833,950.00 S 12.00 $ 153,960.00 351 6001 REPAIR OF FLEXIBLE PAVEMENT (8' ASB) 1,925 SY S 6200 S 119,350.00 S 100.00 $ 192,500.00 S 69.00 S 132,825.00 $ 107.00 S 205,975.00 S 25.00 S 48,125.00 S 85.00 S 163,625.00 354 6096 PLANE ASPH CONC PAV(I-To 3') 12,830 SY S 3.35 $ 42980.50 $ 4.00 $ 51,320.00 S 8.65 $ 110,979.50 $ 3.00 $ 38,490.00 S 5.00 $ 64,150.00- S 7.00 $ 89,810.00 354 9999 ELSE ACP (3" TO 4-) (SKID STEER MOUNTED 1,557 SY $ 2.40 S 3,736.80 $ 4.00 S 6,228.00 $ 10.00 $ 15,570.00 S 10.00 $ 15,570.00 S 10.00 $ 15,570.00 S 11.00 $ 17,127.00 500 6001 MOBILIZATION (NOT TO EXCEED 55/6) 1 IS $ 23,500.00 S 23,500.00 $ 24,000.00 S 24,000.00 $ 25,000.00 $ 25,000.00 S 26,000.00 S 26,000.00 S 55,52055 $ 55,520.55 S 24,900.00 $ 24,900.00 502 fi001 BARRICADES, SIONS, & TRAFFIC HANDLING (NOT TO EXCEED 5000 PER MO 3 MO $ 3,000.00 $ 9,000.00 $ 1,000.00 $ 3,000.00 S 2,000.00 $ 6,000.00 $ 5,000.00 S 15,000.00 S 4,000.00 S 12,000.00 $ 5,000.00 $ 15,000:00 530 6011 INTERSECTIONS, DRIVEWAYS, AND TURNOUTS (SP -D) 1,820 SY S 19.00 S 34,550.00 S 25.00 S 45,500.00 S 20.63 $ 37,546.60 $ 20.00 S 36,400.00 S 65.00 $ 118,300.00 $ 23.00 S 41,860.00 666 6120 REFL PAV MRK TY I (1) (4') (BRK) (100 MIL) 850 LF $ 1.62 S 1,377.00 S 1.76 S 1,496.00 S 2.00 $ 1,700.00 $ 5.001 S 4,250.00 S 200 $ 1,700.00 S 200 $ 1,700.00 666 1 6126 REFL PAV MRK TY I M (4'� (SLD) (IN MR.) 1,558 LF S 1.62 S 2,523.96 $ 1.76 S 2,742.08 $ 2.00 S 3,116.00 $ 2.00 S 3,116.00 S 2.00 $ 3,116.00 S 2.00 S 3,116.00 BASE BID TOTAL $ 475,073.26 $ 481,416.08 $ 515,593.10 $ 582,826.00 $ 1,165,93155 "$ 524,598.00 ALTERNATIVE BID Estimated Quantity Unit UNt Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 251 6001 SPREAD MATE" AND REWORK BASE COURSE (NOT TO EXCEED $5 PER SY) 1 S}• $ 5.00 S 5.00 $ 5.00 $ 5.00 $ 5:00 $ 5.00 S 5.00 $ 5.00 $ 5.00 S 5.00 $ 5.00 S 5.00 999 1001 HAUL TRUCK (LEVET. LOAD) (NOT TO EXCEED $150 PER EACH TRUCK LOAD) 1 EA S 150.00 $ 150.00 S 150.00 S 150.00 $ 150.00 S 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 S 150.00 ALTERNATIVE BID TOTAL $ 155.00 $ 155.00 $ 155.00 $ 155.00 S 155.00 $ 155.00 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Pine Street Asphalt Resurfacing — Wiess Street to IH -10 Frontage Road Project; and, WHEREAS, Gulf Coast, a CRH Company, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $475,073.26; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast, a CRH Company, 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 City Council hereby approves the award of a contract to Gulf Coast, a CRH Company, of Beaumont, Texas, in the amount of $475,073.26, for the Pine Street Asphalt Resurfacing — Wiess Street to IH -10 Frontage Road Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast, a CRH Company, 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 17th day of March, 2020. - Mayor Becky Ames - 5 March 17, 2020 Consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Griffing Road Asphalt Resurfacing Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Griffmg Road Asphalt Resurfacing Project. BACKGROUND The Griffmg Road Asphalt Resurfacing Project consists of rehabilitation of the road by milling the existing asphalt and then overlaying with new asphalt from Major Drive to Old Voth Road. On February 6, 2020, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount LD Construction Beaumont, TX $305,231.60 Gulf Coast a CRH Company Beaumont, TX $374,461.00 Hayden Paving, Inc. Houston, TX $408,781.50 ALLCO, LLC Beaumont, TX $416,980.40 Leland Bradlee Construction, Inc. Longview, TX $784,838.25 Engineer's Estimate $347,573.60 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, LD Construction, in the amount of $305,231.60. A total of 45 working days are allocated for completion of the project. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $244,185.28 with the remaining $61,046.32 from the Capital Program. RECOMMENDATION Approval of the resolution. SECTION 0210 BID SCHEDULE PW0419-30 For: City of Beaumont Grlffing Road Asphalt Resurfacing Project Limits: Major Drive to Old Voth Road Cityof Beaumont LD CONSTRUCTION GULF COAST A CRE COMPANY HAYDEN PAVING, INC. ALLCO, LLC LELAND BRADLEE CONSTRUCTION, INC. ENGINEER'S ESTIMATE Item Na. Item Code Description Erdmaled Quantity Unit Unit Prim Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 100 6001 PREPARING ROW (NOT TO EXCEED $300 PER STATION) 32 SFA S 300.00 S 9,600.00 $ 293.00 S 9,376.00 $ 300.00 S 9,600.00 S 300.00 $ 9,600.00 $ 300.00 S 9,600.00 S 300.00 S 9,600.00 344 6135 SUPERPAVE MDFI-URES SP -D SAC -A P076.22 (2" XUMrrS OF PAY PROP. ROAD WIDTH 7,497 SY S 11.00 S 82,467.00 $ 19.00 S 142,443.00 $ 17.50 $ - 131,197.50 S 15.50 f 116,203.50 $ 65.00 f 487,305.00 S 12.00 S 89964.00 351 6001 REPAIR OF FLEXIBLE PAVEMENT (8- ASB) 1,125 SY S 90.00 S 101,250.00 S 78.00 S 87,750.00 $ 107.00 $ 120,375.00 $ 70.00 $ 78,750.00 S 25.00 S 28,125.00 S 60.00 S 67,500.00 354 6096 PLANE ASPH CONC PAV (V TO 3' 7,497 SY $ 3.00 $ 22,491.00 S 3.10 $ 23,240.70 $ 3.00 $ 22,491.00 $ 9.801 S 73,470.60 S 5.00 S 37,485.00 $ 7.00 S 52,479.00 354 9999 ELAN E ACP (3" TO 4') (SKID STEER MOUNTED 658 SY $ 3.00 S 1,974.00 S 20,00 S 13,160.00 $ 10.00 $ 6,580.00 S 10.00 S 6,560.00 S - 10.00 S 6,580.00 $ 11.00 f 7,238.00 500 6001 MOBILIZATION (NOT TO EXCEED 5%) 1 LS $ 15,000.00 S 15,000.00 $ 18,500.00 S 18,500.00 $ 20,000.00 S 20,000.00 S 20,000.00 $ 20,000.00 S 37,373.25 S 37,373.25 S 31,597.60 $ 31,597.60 502 6001 BARRICADFS, SIGNS,MONTH &.TRAFFIC HANDLING (NOT TO EXCEED 5000 PER 2 MO $ 1,000.00 $ 2,000.00 S 3,000.00 S 6,000.00 S 5,000.00 S 10,000.00 $ 1,130.00 $ 2,260.00 $ 4,000.00 $ 8,000.00 $ 5,000.00 $ 10,000.00 530 6011 INTERSECTIONS, DRIVEWAYS, AND TURNOUTS(SP-D) 877 SY $ 25.00 S 21,925.00 $ 31.00 $ 27,187.00 $ 20.00 $ 17,540.00 S 24.15 $ 21,179.55 S 100.00 S 87,700.00 $ 23.00 S 20,171.00 644 6999 SMALL ROADSIDE SIGN ASSEMBLY 2 EA $ 825.001 S 1,650.00 S 1,565.00 S 3,130.00 $ 500.00 S 1,000.00 $ 945.00 $ 1,890.00 S 1,000.00 S 2,000.00 S 750.00 $ 1,500.00 666 6012 REFL PAV MRK TY -1 (W) (4' (SIA) (100MIL) 146 LF S 3.30 S 481.80 $ 3.05 $ 44530 S 1.50 f 219.00 S 4.00 $ 584.00 $ 250 S 365.00 S 2.00 $ 292.00 666 6036 REFL PAV MRK TY -1 CW) (8' (SLD) (100MI1.) 122 LF $ 6.60 $ 805.20 $ 6.05 S 738.10 S 2.50 S 305.00 $ 8.00 S 976.00 S 5.00 S 610.00 $ 3.00 $ 366.00 666 6042 REFL PAV MRK TY -1 (W) (12' (SLD) (100MIL) 84 LP S 9.90 S 831.60 S 9.10 $ 764.40 S 3.50 $ 294.00 $ 11.00 S 924.00 $ 15.00 S 1,260.00 S 4.00 S 336.00 666 6120 REFL PAV MRK TY I (Y) (4') (BRK) (100MIL) 720 LF S 220 S 1,584.00 S 2.05 $ 1,476.00 S 1.50 $ 1,080.00 $ 3.00 $ 2,160.00 S 3.00 S 2,160.00 S 2.00 S 1,440.00 666 6126 REFL PAV MRK TY -1 (1) (4') (SID) (100MIL) 350 LF $ 220 S 770.00 $ 2.05 $ 71750 S 1.50 $ 525.00 $ 3.00 $ 1,050.00 $ 3.00 S 1,050.00 S 2.00 S 700.00 668 6019 PREFAB PAV MRK TY B(W)(ARROW) 2 EA $ 561.00 $ 1,122.00 S 515.00 S 1,030.00 f 500.00 S 1,000.00 S 640.00 S 1,280.00 $ 500.00 S I,1700.00 S 500.00 $ 1,000.00 668 6027 PREFAB PAV MRK TY B (W) (WORD) (ONLY) 2 EA $ 880.00 S 1,760.00 $ 810.00 S 1,620.00 S 500.00 S 1,000.00 S 1,000.00 S 2,000.00 S 1,000.00 $ 2,000.00 $ 500.00 f 1,000.00 668 6999 PREFAB PAV MRK TY B (W) (I8') (YLD TRI) 7 EA $ 55.00 $ 385.00 S 51.00 S 357.00 $ 50.00 $ 350.00 S 65.00 $ 455.00 S 1,000.00 S 7,000.00 S 30.00 $ 210.00 713 6005 8 LEANING AND SEALING JOINTS AND CRACKS (CLASS 13,045 LF S 3.00 $ 39,135.00 S 2.80 S 36,526.00 $ 5.00 $ 65,225.00 $ 5.95 $ 77,617.75 $ 5,00 S 65,225.00 $ 4.00 $ 52,180.00 BASE BID TOTAL $ 305,231.60 $ 374 461.00 $ 408 781.50 $ 416 80.40 $ 784,838.25 $ 347,573.60 ALTERNATIVE BID Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 251 6001 SPREAD MATERIAL AND REWORK BASE COURSE (NOT TO EXCEED S5 PER S 1 SY $ 5.00 $ 3.00 f 5.00 S 5.00 $ 5.00 S 5.00 S 5.00 S 5,00 S 5,00 S 5.00 $ 5.00 $ 5.00 999 1001 HAUL TRUCK (LEVEL LOAD) (NOT TO EXCEED S 150 PER EACH TRUCK LOAD) 1EA $ 150.00 S 150.00 S 150.00 $ 150.00 S 150.00 S 150.00 S 150.00 f 150.00 S 150.00 S 15.00 S 150.00 S 150.00 ALTERNATIVE BID TOTAL $ 155.00 $ 155.00 $ 155.00 $ 155.00 $ 20.00 $ 155.00 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Griffing Road Asphalt Resurfacing — Major Drive to Old Voth Road • . Project; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $305,231.60; and, WHEREAS, the City Council is of the opinion that the bid submitted by LD Construction, 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 City Council hereby approves the award of a contract to LD Construction, of Beaumont, Texas, in the amount of'$305,231.60, for the Griffing Road Asphalt Resurfacingj — Major Drive to Old Voth Road Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, 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 17th day of March, 2020. - Mayor Becky Ames - 01 March 17, 2020 Consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Piney Point Lane Asphalt Resurfacing Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont for the Piney Point Lane Asphalt Resurfacing Project. BACKGROUND The Piney Point Lane Asphalt Resurfacing Project consists of the rehabilitation of the road by mixing the existing material with a cement treatment and then overlaying the new base with asphalt from Sherwood Drive to Helbig Road. On February 6, 2020, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount LD Construction Beaumont, TX $223,964.45 ALLCO, LLC. Beaumont, TX $324,765.80 Gulf Coast a CRH Company Beaumont, TX $338,312.42 Hayden Paving, Inc. Houston, TX $390,453.00 Leland Bradlee Construction, Inc. Longview, TX $680,747.00 Engineer's Estimate $264,065.55 The Public Works Engineering Staff recommends this project be awarded to the lowest bidder, LD Construction, in the amount of $223,964.45. A total of 45 working days are allocated for completion of the project. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $179,171.56 with the remaining $44,792.89 from the Capital Program. RECOMMENDATION Approval of the resolution. SECTION 0210 BID SCHEDULE PW0219-07 For: City of Beaumont Piney Point Lane Asphalt Resnrf-ki; P.Ject Llmib: Shemood Drive to Helbig Road City of Beaumont LD Construction ALLCO. LLC. I Gulf Const a CRH Conroan a I Havden Pnviov. Ing Rnntn,v.�a R�Hmnfw Item No. Item Code Description Esti,=ted Qaeatlty Unit Unit Price , Total Unit Prim Total Unit Price Total Unit Price Total Unit Pd. Total Unit Prim Total 100 6001 PREPARING ROW OT TO EXCEED $300 PER 67ATIG 30 STA S 300.00 S '9 000.00 5 300.00 5 9 000.00 S 260,00 3 7 800.00 S 300.00 S 9 000.00 s 300.00 3 9,0D0.0) S 300.00 S 9 000.00 275 6006 CEMENT TREAT TMATL 10 (6% CEM -LIME SLURRY) IAN 7353 SY $ 10.00 5 73 30.00 S 18.50 S 136,03030 S 21.00 S 154413.00 S 22.00 S 161766.00 S 1100 S 884236.00 S 13.00 S 95,589.00 340 6175 D -GR HMA (SQ) TY -F PG76-22 (115') (LEVEL -UP) (LIMITS OF PAY PROP. ROAD WIDTH) 460 TON S 110.00 s 50 600.00 s 118.00 5 54,2N.00 5 123.00 S 56 50.00 $ 130.00 5 69,000.00 S 220.00 $ 101,200.00 S 112.00 5 51 20.00 344 6135 SUPERPAVE MIXTURES SP -D SAGA PG76-22 2 LIMITS OF PAY PROP. ROAD WIDr 6684 SY S 11.00 S 73 4.00 S 1510 $ 101 96.80 $ 1330 S 90 34.00 S 17.50 S 116,970.00 $ 65.00 S 434,460.00 $ 12.00 S 80 08.00 500 6001 MOBILIZATION (NOT TO EXCEED 5%) I LS s 101000.00 5 10,000.00 S 14 850.00 S 14 850.00 $ 16 000.00 5 16,000.00 S 16,00D.00[S!16,000.00 S 3 413.00 S 32,413.00 5 12.57435 S 1 7435 502 6001 BARRICADES, SIGNS, AND TRAFFIC HANDLING (NOT TO EXCEED 55,000 PER MONTH) 2 MO S 1,000.00 5 2,000.00 5 1,000.00 S 000.00 5 2500.00 S 5,000.00 S 3 000.00 3 4,000.00 S 8,000.00 S 5000.00 S 10000.00 530 6011 IN[FRSECTIONS,DRIVEWAYS,& TURNOUTS(HMAC TY -D) 32 SY S 25.00 5 800.00 S 50.00 S 1600.00 S 129.00 $ 4,128.00 S 20.00 S 100.00 $ 3,200.00 S 23.00 S 736.00 666 6120 REFL PAV MRK TY -1 (Y) (4) (BRI) (100MIL) 610 LF S 210 5 1342.00 5 2.60 S 1 86.00 5 2.05 S 1,250,50 $ 5.000$ 200 S 1,220.00 S 200. S 1 20.00 666 MM REFL PAV MRK TY -1 (Y) (4') (SID) (IOOMIL) 1009 LF S 2.05 5 2,068.45 5 230 S Z?SO S 1.88 $ 1896.92 S 3.000 S 2.00 S 2,018.00 5 2.00 3 3018.00 668 6089 PRBFAB PAV MRK 7Y -C (N� (RR XING) I EA S 1,100.00 5 1,100.00 S 1 300.00 $ 1 00.00 S 1,010.00 5 1010.00 S 1000.000 3 1000.00 $ 1,000.00 S I 00.00 4 1 00.00 BASEBIDTOTAL S 223,064.45 S 324,765.80 S 338,312.42 0 S 680,747.00 $ 264,065.55 ALTERNATIVE BID Q.-tity Unit Unit Price Total Unit Price Total Unit Price Total Unit Prim Tota. Unit Prire To. Unit Price Total 231 6001 SPRI3AD MATERIAL AND REWORK BASE COURSE OT TO EXCEED $5 PER SY 1 SY S 5.00 5 5.00 S 5.00 5 5.00 S 5.00 S 5.00 $ 5.00 S 5.00 S 5.00 3 5.00 .5 5.00 5 5.00 999 1001 HAUL TRUCK LEVEL LOAD OT TO EXCEED S 150 PER EACH TRUCK LOAD 1 EA S 150.00 S 150.00 s 150.00 S 150.00 5 150.00 S 150.00 S 150.00 5 150.00 5 150.00 S 150.00 5 150.00 5 150.00 ALTERNATIVE BID TOTAL S 15500 s 155.00 S 155.00 5 155.00 s 155.00 s 155A0 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Piney Point Lane Asphalt Resurfacing — Sherwood Drive to Helbig Road Project; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $223,964.45; and, WHEREAS, the City Council is of the opinion that the bid submitted by LD Construction, 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 City Council hereby approves the award of a contract to LD Construction, of Beaumont, Texas, in the amount of $223,964.45, for the Piney Point Lane Asphalt Resurfacing — Sherwood Drive to Helbig Road Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, 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 17th day of March, 2020. - Mayor Becky Ames - March 17, 2020 Consider a resolution approving contracts for the purchase of ready -mix concrete and heavy materials for use by multiple City departments BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer —4/' MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution approving contracts for the purchase of ready -mix concrete and heavy materials for use by multiple City departments. BACKGROUND These materials are used by multiple City departments for general construction, street repairs/replacement, water and sewer projects, and heavy rock for landfill use. This contract combines the requirements of each affected department under a single contract rather than having multiple contracts for the same materials. Bids were requested from six vendors and three responded. Administration recommends Martin Marietta, Inc. as the primary vendor and Gulf Coast a CRH Company as the secondary vendor. Specifications allow for a twelve (12) month contract with the option of two renewals of twelve (12) month terms at the same pricing as the awarded contract. Knife River Corporation -South submitted a bid proposal but did not sign their proposal and is requiring insurance terms that the City is unable to comply with, making their proposal non-responsive. Primary and secondary vendors are recommended because one of the vendors is not open for business on weekends and City work often continues over the weekend. The bid tabulation and the letter of insurance requirements from Knife River are attached. 1_a MMI Q[ISTIT1me" In FY 2019, the City spent $333,758 with Martin Marietta and $419,421 with Knife River. The purchases were paid from the General Fund (26%), Water Fund (42.5%), Solid Waste Fund (29.5%), and Capital Program -Street Rehabilitation Program (2%) RECOMMENDATION Approval of the resolution. https:Houtlook.office.com/maiYinbox/id/AAAfizADBkYzkOZDY **EXTERNAL** Ready Mix Truck Access Agreement Burns, Toby <Toby.Burns@kniferiver.com> Fri 2/28/2020 8:32 AM To: Terry Welch <Terry.Welch@Beau montTexas.gov>; Patrick Bardwell <Patrick.BardwelI@Beau montTexas.gov> 0 1 attachments (912 KB) Access Agreement - Ready Mix KR South (2.26.2020).docx; Gentlemen First off let me thank you for the years of business and we look forward to a continuation of this relationship. After careful review of the insurance letter provide the City of Beaumont and consultation with our legal and risk department's the following determinization has been made. r Due to the inherent risks of loading Ready Mix Trucks by backing under our plant, the need for your driver to exit his truck to fill with water, retrieve tickets, and utilization of our slump stand we will need to enter into the attached Access Agreement. Additionally we will need a Certificate of Liability Insurance provided in the format below, with coverages and language as outlined in section 4. Insurance of the attached agreement. By no means is this any reflection on past or current business, this is a to ensure both entities and our valued employees are protected. Thank You, Toby Burns ' General Manager South East Texas Knife River — South Phone Office 409-981-7618 Phone Cell 409-673-2669 toby.burns@kniferiver.com of 3 2/28/2020, 8:39 AM https://outlook.office.com/mail/inbox/id/AAMkADBkYzkoZDY CERTIFICATE OF LIABILITY INSURANCE VATEUd640UfYYYIT THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEIL THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF WSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE rSSUING IMRER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. RAPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(iesl must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certltleate holder IU dell 01 such endo FSetnent S). PRODUCER O NA7J-e: �p� ORE AIC AIC ADV KESS. WSURER AFFORD O COVERAGE RAIC 8 INSURER A- rNSUREr ' RFSURER B 02SURER C: RlstrzEnla_ INSURER E = INSURER F; COVERAGES CERTIFICATE NUUBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEid ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTtWgiING ANY REQUIREMENT. TERM OR CONDITION OF A14Y CONTRACT OR OTHER DOCU:MENT4 WITH RESPECT €G WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN TI - E MSURANCE AFFORDED BY THE POLES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIPk LIMITS SRMV14 MAY HAVE BE&I REDUCM BY PAID CLAIMS. L TYPEOFRLSURANCE AIJUL POLICY U-WER NDL rcr Lff& S GENERALLIWL" CDi,I:Id�CIF1 Ce;a�.2L4a1tsiY CLAW9441 ADE F-1 occuk EAC4000URRO CE S Fc'it=.Mds �_accrmenrf S AfH7 EXP ' aiw _ PERSO2M B.ADV INJURY S ??SEAL AGQREGATE S flv�'•'Lf. GAECAiEUMtrIY°NLI F' is POLICY F1 33a P- LB PRODUCTS •c.WAQPA8G S S AUTOMOBILE LIABIUTy ANYAUTO ,AIOULED IFT03 AAUTOS NON-OVDIED 14MSO AMOS AUTOS COrt91(tiEDStriaw LWIT rEa acd�.a� 3 WDLY INJURY (PefFersonl 8 BWL.YPIJURY(P�wviee,q S TK fierOa DA+A4GE 3 a UMBRELLA Lim EXCESS UAB OCCUR CLAI9dSWME EACH OCCORREKCE $ A06REDAie 3 DED I ml;Nr mq S WORKM COUIPEtiSAiWff ANDEMPLOYL3MUORM ANY PROPIUNORPARUF-REXECUTIVE 08FlGE9R� AX EXCLUD�r 7 (�a�7m �l ffiy'%uoseuhearwer 0En IPPONOF® TIONSbEtaw MIA B.L. EACH ACCMENT S E L ISIS=k!_ -s � E & -LO S E.LDISEASE. FOUCYL7wa s OESCRPUOHIOPOPMUMMI3.00IMNSPiMHCM VWrhACORDIOI,AdLTwnalRetnaksSrheddeif'momspaceisregAredl CERTIFICATE HOLDER CANCELLATION 01988-2610 ACORD CORPORATION. All rights mserved. ACORD 25 t201WM The ACORD name and logo am registered marks of ACORD This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is of 3 2/28/2020, 8:39 AM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ED BEFORE TfM EXPIRATION DATE THEREOF, NOTICE VOLT. BE VEL.WEREfl IN ACCORDANCE WITH TETE POLICY PROVISIOUS, AUTRORMM REPR€SENTATM 01988-2610 ACORD CORPORATION. All rights mserved. ACORD 25 t201WM The ACORD name and logo am registered marks of ACORD This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is of 3 2/28/2020, 8:39 AM ACCESS AGREEM ENT THIS ACCESS AGREEMENT (the "Agreement") is entered into this day of , 2020 by and between Knife River Corporation — South ("Knife River") and the City of Beaumont, Texas ("Entering Party"). WHEREAS, Entering Party accesses certain real property (the "Property") owned by Knife River for purposes of purchasing and loading read mix concrete into trucks owned and/or operated by Entering Party (the "Purpose"); NOW THEREFORE, in consideration of the mutual covenants and considerations contained herein, the parties .agree as follows: 1. Entry onto the Property. Knife River hereby authorizes Entering Party and its employees to enter onto the Property solely for the Purpose and during Knife River's regular business hours. Entering Party will at all times while on the Property conduct its activities: (a) in accordance with all applicable laws, rules, regulations, occupational safety and health regulations, and industry best practices, and (b) in a manner that does not interfere.with the other operations of Knife River on the Property. Entering Party shall be responsible for promptly repairing and remediating, at its expense, any damage to property or environment that arises out of Entering Party's activities hereunder. 2. Safety. Entering Parry shall at all times strictly follow all safety policies and procedures of Knife River while on the Property. Notwithstanding the preceding sentence, Entering Party shall at all times be responsible for the safety and health of its (and its contractors' and subcontractors') employees and agents present at the Property or elsewhere in connection with this Agreement. 3. Liability and Indemnification. Entering Party shall be solely liable for any injury to its employees or other persons caused by, or as a direct result of, being on Knife River Property. Entering Party also agrees to protect, save, hold harmless and indemnify Knife River its employees and agents from any and all claims arising out of or otherwise related to Entering Party's access and activity on the Property, including but not limited to claims for personal injury and property damage. 4. Insurance. Entering Party shall maintain insurance with the following required coverage and minimum limits: Worker's Compensation (statutory); Employers Liability. Insurance (minimum of $1,000,000), Commercial General Liability Insurance (minimum of $5,000,000), and Commercial Automobile Liability Insurance (minimum of $5,000,000). Limits may be met in combination of bothprimary, umbrella/excess policies. The policies represented by certificates of insurance shall, except with regard to Worker's Compensation, name Knife River as an additional insured. Further,' coverage afforded under any, insurance policy shall be primary and noncontributory to any other coverage which the additional insured may have with respect to any losses under such policy(s) and agree to waive subrogation where allowed by law. 5. Term and Termination. The initial term of this Agreement shall be for one year. Upon expiration of the initial term this Agreement shall automatically extend on a month to basis until either party provides the other parry written notice of termination. Knife River may terminate this Agreement at any time by giving written notice to Entering Parry at any time. 6. Inspection. Knife River makes no representations or warranties, express or implied, as to suitability or condition of the Property. Entering Party acknowledges that it has inspected the Property and finds it acceptable as contemplated in this Agreement and agrees that it is not relying upon any representation or warranties concerning the Property. 7. Severability. Entering Party agrees the indemnity and defense obligations of Entering Party as set forth in this Agreement are intended to be as broad and inclusive as permitted by the laws of the State of Texas, and that if any portion thereof is held to be invalid, the balance shall continue in full legal force and effect. 8. Entire Agreement. This Agreement constitutes the full and complete agreement of the parties with respect to the subject matter hereof. The terms of purchase and sale for ready mix shall be governed by any separate purchase order or ready -mix ticket as may be issued by Knife River IN. WITNESS WHEREOF, the parties hereto have executed this Agreement on the date above written. KNIFE RIVER CORPORATION — SOUTH By: _ Title: CITY OF BEAUMONT, TEXAS By: _ Title: RESOLUTION WHEREAS, the City of Beaumont solicited bids for a one (1) year contract with an option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract to supply ready mix concrete and heavy construction materials for use by multiple City departments for general construction, street repair/replacement, water and sewer projects, and heavy rock for landfill use; and, WHEREAS, primary and secondary bids were solicited because if one of the vendors is not open for business on weekends, City work may continue without disruption; and, WHEREAS, Martin Marietta Materials, Inc., of Beaumont, Texas, and Gulf Coast, a CRH Company, of Beaumont, Texas, submitted bids as shown on Exhibit "A," attached hereto, for an estimated amount of $1,252,500 delivered/$815,500 pickup and $843,100 delivered/$717,100 pickup, respectively; and, WHEREAS, City Council is of the opinion that the bids submitted by Martin Marietta, Inc. and Gulf Coast, a CRH Company are the lowest responsible bidders providing the best value to the City and should be accepted as primary and secondary contracts, respectively; 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 bids submitted by Martin Marietta, Inc., of Beaumont, Texas, and Gulf Coast, a CRH Company, of Beaumont, Texas, for a one (1) year contract with an option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract to supply ready mix concrete and heavy construction materials for use by multiple City departments for general construction, street repair/replacement and water and sewer projects as shown on Exhibit "A," attached hereto, for an estimated amount of $1,252, 500 delivered/$815,200 pickup and $843,100 delivered/$717,100 pickup, respectively, be accepted by the City of Beaumont as primary and secondary contracts, respectively; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute contracts with Martin Marietta, Inc. and Gulf Coast, a CRH Company 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 17th day of March, 2020. - Mayor Becky Ames - E111. �'�I�O�I� CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION BID TABULATION T - 8 - 8 - A- 6 Bid Nai ANNUAL CONTRACT FOR READY MIX CONCRETE & Heavy Materials (Re -Bid) Bid Nw TF0220-18 Bid Opi Thursday, February 27, 2020 Contact Terry Welch Senior Buyer tenv.welch( beaumontlexas.aov Phone: 409-880-3107 Vendor City / State Phone or Fax No. EST. QTY I DELIVERED Martin Marietta Materials,lnc BEAUMONT 409-835-4933 DELIVERED * Knife River BEAUMONT 409-981-2100 DELIVERED I PICKUP 6 1 PORTLAND CMT STAB BASE # Gulf Coast a CRH Company Beaumont 409-866-1444 SECTION 1 - READY MIX CONCRETE EST. QTY DELIVERED PICKUP DELIVERED PICKUP 1 $ 42.00 1 $ 63,000.00 DELIVERED PICKUP 1 3000 PSI CONCR 5-10 YD LOAD 1000 cu/yd $ 96.00 $ 96 000.00 $ 82.00 $ 82 000.00 $ 129.00 11900 $ 129 000.00 $1 1 900 $ 119,000.00 NIB NIB NIB WB 2 5000 PSI CONCR 5-10 YD LOAD 500 cu/yd $ 108.00 $ 54 000.00 $ 94.00 $ 47 000.00 $ 141.00 $ 70 500.00 $ 125.00 $ 62 500.00 NIB NB NIB N/B 3 3000 PSI CONCR <5 YD PARTIAL 1000 culyd $ 200.00 $ 200 000.00 N/A N/A $ 150.00 $ 150,000.00 $ 125.00 $ 125 000.00 NB B NNIB WB 4 5000 PSI CONCR <5 YD PARTIAL 500 cu/yd $ 200.00 $ 100 000.00 N/A N/A $ 160.00 $ 80 000.00 $ 149.00 $ 74 500.00 NIB NB NB NIB 5 ADD/DED PER SAC OVER STD MIX PUG SAND $ 6.00 ' ",' $ 6.00 $ 15.00 $ 15.00 $ 17.00 $ 8,500.00 NIB " ' ", ° NIB '+ TOTAL SECTION 1 $ 20.00 $450,000.00 $129,000.00 $ 15.00 $429,500.00 $ 12 381,000.00 100 Tons $ 36.00 SECTION 2 - CEMENT STAB BASE EST. QTY I DELIVERED I PICKUP DELIVERED I PICKUP DELIVERED I PICKUP 6 1 PORTLAND CMT STAB BASE 1500 Tons $ 38.00 1 $ 57,000.00 $ 34.00 1 $ 51,000.00 __$_6_3_._00_F$ 94,500.00 $ 53.00 1 $ 79,500.00___$___4_7_0_0T$ 70,500.00 1 $ 42.00 1 $ 63,000.00 $ 420 000.00 $ 24.00 $360,000.00 $ 44.00 $ 660 000.00 $ 34.00 $ 510 000.00 $ SECTION 3 -LIMESTONE BASE MATL EST DELIVERED PICKUP DELIVR PICKUP DELIVERED PICKUP 7 LIMESTONE BASE 1000 Tons $ 30.00 1 $ 30,000.00 $ 26.00 1 $ 26,000.00 $ 49.00 1 $ 49,000.00 1 $ 30.00 1 $ 30,000.00 $ 33.00 1 $ 33,000.00 1 $ 28.00 1 $ 28,000.00 SECTION 4 - MISC HEAVY MATERIAL EST QTY PICKUP DELIVERED PICKUP DELIVERED PICKUP PICKUP $450,000.00 DELIVERED PICKUP 8 CMT STAB SAND 1-1/2 SACK MIX 1500OTons $ 28.00 $ 420 000.00 $ 24.00 $360,000.00 $ 44.00 $ 660 000.00 $ 34.00 $ 510 000.00 $ 31.00 $ 465 000.00 $ 26.00 $ 390 000.00 9 CMT STAB SAND 2 SACK MIX 3000 Tons $ 30.00 $ 90 000.00 $ 26.00 $ 78 000.00 $ 50.00 $ 150,000.00 $ 40.00 $ 120 000.00 $ 33.50 $ 100 500.00 $ 28.50 $ 85 500.00 10 ADD PER SACK OVER 2 SACK $ 6.00 $ 6.00 $ 7.00 . $ 7.00 $ 5.00 $ 5.00 11 PUG SAND 500 Tons $ 21.00 $ 10 500.00 $ 17.00 $ 8,500.00 $ 36.00 $ 18 000.00 $ 24.00 $ 12 000.00 $ 20.00 $ 10 000.00 $ 15.00 $ 7,500.00 12 1 INCH LIMESTONE 100 Tons $ 36.00 $ 3,600.00 $ 32.00 $ 3,200.00 $ 55.00 $ 5,500.00 $ 42.00 $ 4,200.00 $ 42.00 $ 4,200.00 $ 37.00 $ 3,700.00 13 3/4" CMT STAB LIMESTONE 2 SAC 100 Tons $ 45.00 $ 4,500.00 $ 41.00 $ 4,100.00 NB NIB NIB NIB NIB NIB .14 Bull Rock 1" x 3" 1 100 $ 41.00 $ 4,100.00 $ 34.00 $ 3,400.00 $ 68.00 $ 6,800.00 $ 53.00 $ 5,300.00 $ 39.00 $ 3,900.00 $ 34.00 $ 3,400.00 15 Bull Rock 3" x 5" 4000 $ 41.00 $ 164,000.00 $ 34.00 $136,000.00 $ 70.00 $ 280,000.00 $ 63.00 $ 252,000.00 $ 39.00 $ 156,000.00 $ 34.00 $ 136,000.00 16 1 Flowabie Backfill 100/300 flofill 100 cu/yd $ 90.00 $ ' 9,000.00 $ 76.00 $ 7,600.00 $ 92.00 $ 9,200.00 $ 85.00 $ 8,500.00 NIB NIB NIB WB 17 Concrete Curb Mix Class A Curb 100 cu/yd $ 98.00 $ 9,800.00 $ 84.00 $ 8,400.00 $ 134.00 $ 13,400.00 $ 124.00 1 $ 12,400.00 NIB NIB NIB I NIB TOTAL SECTION 4 $ 715,500.00 $ 609,200.00 $ 1,142,900.00 $ 924,400.00 BID SUMMARY DELIVERED PICKUP DELIVERED PICKUP DELIVERED PICKUP SECTION 1 - READY MIX CONCRETE $450,000.00 $129,000.00 $429,500.00 $381,000.00 NIB NIB SECTION 2 - CEMENT STABILIZED BAE $57,000.00 $51,000.00 $94,500.00 $79,500.00 $ 70,500.00 $ 63,000.00 SECTION 3 - LIMESTONE BASE :3 $30,000.00 $26,000.00 $49,000.00 $30,000.00 $ 33,000.00 $ 28,000.00 SECTION 4 - MISC HEAVY MATERIALS $715,500.00 $609,200.00 $1,142,900.00 $924,400.00 $ 739,600.00 $ 626,100.00 TOTAL BID $1,252,500.00 $815,200.00 $1,715,900.00 $1,414,900.00 $843,100.00 $717,100.00 Qualified bidder is Martin Marietta. Denotes vendor was non-responsive (Did not sign submission) # Denotes bidder did not complete all sections. Total bid price reflects this. m X W 0 March 17, 2020 Consider a resolution approving a contract with Public Management of Cleveland, Texas for grant management services related to tropical storms Harvey and Imelda BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 17, 2020 REQUESTED ACTION: Council consider a resolution approving a contract with Public Management of Cleveland, Texas for grant management services related to tropical storms Harvey and Imelda. BACKGROUND Specifications of the contract include assistance in providing disaster recovery, alternative funding pursuits and grant management services to address damages incurred during tropical storms Harvey and Imelda. Requests for Qualifications were solicited from twenty-five (25) contractors. Six responses were received and evaluated by City staff. The criteria and scores are attached. FUNDING SOURCE All fees will be charged to the appropriate fund, however; some of the fees may be considered Direct Administrative Costs (DAC) and are eligible for reimbursement by FEMA. RECOMMENDATION Approval of the resolution. City of Beaumont, Texas Criteria Scoring Sheet RFP Number: PF0220-07 RFP Opening Date; March 5, 2020 RFP Name: Grant Management Services Criteria Relationship/Past Exp. Max Points 20 Public Management Houston, Tx. 20.00 Langford Leander, Tx. 16.34 Tetra Tech Houston, Tx. 16.34 Firm Qualifications 20 20.00 16.34 17.00 Staff Qualifications 20 19.67 16.00 16.34 Project Approach 20 20.00 14.67 14.67 Cost 20 19.00 13.33 11.34 Total 100 98.67 76.68 75.69 i a Relationship Past Exp. Max Points 20 iParametrics Alpharetta, Ga. 15.67 Pro Source Minneapolis, Mn. 13.67 Goodwin, Mills and Cawood Atlanta, Ga. 13.00 rFirmualifications 20 14.67 14.67 14.34 ualifications 20 15.00 15.00 14.34 A proach 20 14.00 13.34 14.00 -2o----T-13.00 13.67 13.67 Total 100 72.34 70.35 69.35 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 Request for Proposal with Public Management, Inc., of Cleveland, Texas, for grant management consulting services relating to tropical storms Harvey. and Imelda. The Request for Proposal 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 17th day of March, 2020. - Mayor Becky Ames - �_Fa '•'"sig:' .:•, . �C. �`'�- '..' 6. � .A PIK, fi TEXAS FOkNIAL-RFP REQIJ,ESTfOR"PROPOSAL ;"' ,>IZFP FOR_;GRAN,T MANAGEMENT SERVICES RFPNUMBER y PF0220-07 RFP DUE THURSDAY, ,MARCH s5, 2020 AT 2:00 P:M (CST)' PRE-BID MEETING: N/A PRE -RFP The deadline for submittal of QUESTIONS QUESTIONS: pertaining to this RFP is Monday, February 24, 2020 at 10:00 A.M. (CST). SUBMIT RFP TO: This is a FORMAL RFP and must be submitted to: City Clerk's Office / City Hall City of Beaumont 801 Main St., Suite 125 Beaumont, TX 77701 You may submit your RFP by MAIL, in PERSON or by COURIER. RFPs will NOT be accepted via fax or e-mail. PURCHASING DIVISION For bid results Monday -Friday, 8:00 a.m. to 5:00 p.m., call 409-880-3720 or visit our web site at https://beaumonttexas.gov/departments/purchasing/bid-information/ -1- EXHIBIT "A" REQUEST FOR PROPOSALS Sealed Request for Proposals (RFPs) will be received by the City Clerk of the City of Beaumont, 801 Main Street, Room 125, Beaumont, Texas 77701, until 2:00 PM (CST) , THURSDAY, MARCH 5, 2020 and all bids will be opened and publicly read in the City Council Chambers on that date for: REQUEST FOR PROPOSALS (RFP) FOR GRANT MANAGEMENT SERVICES PRE-BID MEETING: None. SUBMITTAL OF QUESTIONS: The deadline for submittal of questions pertaining to this RFP is Monday, February 24, 2020 by 10:00 AM (CST). Questions will be answered by Addendum. RFPs shall be submitted to the City Clerk's Office, 801 Main, Room 125, Beaumont, Texas, prior to the above stated time. RFP forms, specifications and all necessary information may be obtained from the Purchasing Division, City Hall, 801 Main, Room 315, Beaumont, Texas 77701. Vendors requesting RFP packets should call the Purchasing Division at (409) 880-3720 or you may download the specifications from our website at: https:/Ibeaumonttexas.Ilov/departments/purchasine/bid-information/ The City reserves the right to reject any or all RFPs, or to accept any RFP or combination of RFPs deemed advantageous to it. Please make reference to RFP Number: PF0220-07 RFP Closing Date: First Legal Notice Publication: Second Legal Notice Publication: MARCH 5, 2020 FEBRUARY 13, 2020 FEBRUARY 20, 2020 -2- Tina Broussard City Clerk 1. 2. 3. 4. GENERAL RFP INFORMATION INTENT The City of Beaumont (City), through this Request for Proposal (RFP), is seeking to enter into an Agreement with a qualified consulting firm for disaster recovery, alternative funding pursuits and grant management services to address damages incurred during tropical storm Harvey and Imelda. Services to include: 1.1 assistance with the processes involved in applying for and submitting claims, 1.2 receiving and managing public assistance, 1.3 developing cost effective mitigation solutions, and 1.4 securing hazard mitigation assistance grant funding. CONTRACT TERM 2.1 Contract shall be in effect for a period of one (1) year from the date of award of RFP. 2.2 This contract may be canceled by either party by providing written notice at least thirty (30) days in advance. BID DUE DATE Bids are due.�rio`later thane° 2:OO. P.M:. (CST), THURSDAY„MARCH -5,1020-to . Physical Address: City of Beaumont City Clerk's Office 801 Main St., Suite 125 Beaumont, TX 77701 Phone No.: 409-880-3745 PRE-BID MEETING None. - OR - Mailing Address: City of Beaumont City Clerk's Office P.O. Box 3827 Beaumont, TX 77704 -3- s. .:QUESTIONS: DEADLINE 51 Questions1 will be accepted`by a mail at_Patrick:bardwell(a�b'eaumonttexasgov until 10 00 AM (CST) on Monday .February 24 2020.. 52 Answers will be posted through an Addendum: 6. REQUIRED DOCUMENTS FOR RESPONSES 6.1 RFP Response information provided for Evaluation Criteria, Section III, page 13. 6.2 RFP Sheet, pages 15 through 34, including: 6.2.1 RFP Sheet/Proposer Information - requiring signature, 6.2.2 RFP Pricing Sheet, 6.2.3 House Bill 1295 (HB 1295) form, 6.2.4 House Bill 89 (HB89) form, 6.2.5 Bid Sheet Continued, 6.2.6 Conflict of Interest form, 6.2.7 Statement of City Charter Provision of Conflict of Interest, 6.2.8 Insurance Affidavit, page 35, MUST be submitted with RFP. 6.2.9 Insurance forms, pages 36 - 39 MUST be completed upon award of this contract. 6.3 RFP sheets CANNOT be altered. If respondent needs to include additional information, it is to be provided on a separate sheet, with the number of the bid included, as well as the respondent's company name. 6.4 All documents listed above MUST be submitted for RFP to be considered. 6.5 Bids are to be submitted on the enclosed forms only. Oral, telegraphic, e-mail or telephone bids or modifications will not be considered. 6.6 Certifications, where required shall accompany the bid submission. 6.7 Failure to comply with information requested on any items will result in disqualification of the bid. 6.8 All portions of this bid requiring data or information must be filled in completely. Failure to do so may result in bid rejection due to non -response. 6 9 Sigriatitres, where fegWred, must be..original,. facsimue.,stamp or Computer- generated signatures; -will NOT, be, 'ccepted. 6,.10 Proposer. must provide the following forrevievi e - ,one O;complete Proposal marked as ORIGINAL, submitted.iri a three-ring binder - two (2) complete R,roposals marked as COPY'. submittedin a three-ring_binder.;and one (.1)telecironic copy in pdf format on a USii drive: 7. CHANGES TO THE RFP The City reserves the right to amend, at any time, any part of this RFP upon written notification to vendors; and to change any of the scheduled dates, including the proposal due date. All changes will become part of this RFP and will be incorporated into the contract entered between the City and the vendor. 8. NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be made in the form of an Addendum which will be made available online at https:/Ibeaumonttexas.gov/departments/purchasing/bid-information/ and will be faxed to the vendors on the bid announcement list. All mathematical calculations will be verified. In the event of an error by bidder, City calculation shall be considered correct. In the event of discrepancies, the unit price stated by vendor shall be considered the bid price. 10. The City reserves the right to accept or reject any response or combination of responses deemed advantageous to it. The City reserves the right to waive any and all formalities contained within this RFP. The City reserves the right to negotiate with any and all firms and individuals that submit a response. 11. STATEMENT OF BILLS PAID Responder may not be more than sixty (60) days past due on any debt to the City, including but not limited to: water bills, licenses, permits or fees, or more than ninety (90) days past due on property taxes. 12. EQUAL OPPORTUNITY EMPLOYER The successful bidder shall warrant and agree that he/she is an Equal Opportunity Employer. Should complaints of any form of discrimination, either in dispensation of the service, or within company hiring policies be substantiated, this contract may be terminated immediately. -5- 13. H.B. 1295 COMPLIANCE — Texas Ethics Commission Certificate Number The Awarded Vendor for the contract shall comply with the requirements of Section 2252.908 of the Texas Government Code as adopted in 2015 as House Bill 1295. The law requires that a governmental entity may not enter in certain contracts with a business entity unless the business entity submits a Disclosure of Interested Parties to the governmental entity. The law applies only to a contract that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. Compliance with the law requires that the awarded Vendor utilize the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the complete form. The form must be signed, notarized and submitted to the contracting government entity. The City of Beaumont, in the case of contracts formalized by Purchase Order or by other written contract, will notify the Vendor of Award by Council and request the completed Form 1295 within five (5) working days thereafter. H.B. 1295 SIGNATURE FORM - See page 20 for form requiring signature. 14. H.B. 89 COMPLIANCE — Verification — The Awarded Vendor for the contract shall comply with the requirements of Senate Bill 252 Ch. 2252 Certification: Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153 of the Texas Government Code as adopted in 2017 as House Bill 89 (HB89). The law requires that a governmental entity may not enter in certain contracts with a business entity unless the business entity submits an executed HB89 Compliance form to the governmental entity. Compliance with the law requires that the awarded Vendor complete the form and submit with bid or proposal. The form must be signed, notarized and submitted to the contracting government entity. H.B. 89 SIGNATURE FORM - See page 21 for form requiring signature. 15. AWARD 15.1 The RFP will be awarded to the Proposer having sufficient ability to perform this Contract as stated in conjunction with the best value to the City. Factors used to determine the award are through using the Evaluation Criteria in Section III, page 13. 15.2 RFP may be awarded to one (1) contractor. 15.3 The Contractor may not assign (subcontract) all or part of this contract without prior consent in writing by the City. 15.4 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality. 15.5 In determining the best value for the municipality, the municipality may consider: 15.5.1 the purchase price; 15.5.2 the reputation of the bidder and of the bidder's goods or services; 15.5.3 the quality of the bidder's goods or services; 15.5.4 the extent to which the goods or services meet the municipality's needs; 15.5.5 the bidder's past relationship with the municipality; 15.5.6 the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 15.5.7 the total long-term cost to the municipality to acquire the bidder's goods or services; and 15.5.8 any relevant criteria specifically listed in the request for bids or proposals. 16. BID TABULATION Criteria Evaluation Sheet will be available on the Purchasing web page at https:/Ibeaumonttexas.eov/departments/purchasing/bid-information/ following award of contract by City Council. Criteria Evaluation Sheets will not be provided via any other means. -7- 17. LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND DAMAGES OF EVERY HIND, FOR INJURY TO OR DEATH OF ANY PERSON AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT, AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY REGARDLESS OF WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPENSE IS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE. Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors and employees for damages covered by the workers' compensation and employers liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver must be stated on the City's approved Certificate of Insurance. The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by City from Contractor or any third party will not be limited by the amount of the required insurance coverage. 18. INVOICES 18.1 Payment by City to Vendor shall be made in accordance with the requirements of Texas Government Code §2251.021. 18.2 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. 18.3 The Contractor shall submit an accurate invoice within five (5) working days from the date of delivery. 18.4 Invoices may be submitted via email to: invoices ,beaumonttexas.gov 18.5 Invoices may be subinitted via U.S. Mail to: ATTN: Accounting Division City of Beaumont P. O. Box 3827 Beaumont, TX 77704-3827 18.6 Faxed invoices will not be accepted. 19. FUNDING FOR PAYMENTS Funds for payments are provided by the City of Beaumont budget approved by City Council for the current budget year only. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of the current City of Beaumont fiscal year will be subject to budget approval. 20. CONTRACT TERMINATION The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement upon thirty (30) days' written notice from the City Manager or his designee, of its election to do so, or if the successful bidder fails to perform the services or breaches this Agreement, including the following: 20.1 By failing to pay insurance premiums, liens, claims or other charges. 20.2 By failing to pay any payments due the City, State, or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this Agreement or any taxes, fees, assessments, or liens. 20.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the fnrn or business. 20.4 By violation of any provision or non-performance of the Agreement. 21. CONTACT INFORMATION If any information is needed concerning specifications, please contact: Patrick Bardwell, Purchasing Manager Purchasing Division / Finance Department City of Beaumont Physical Address: 801 Main St., Suite 315, Beaumont, TX 77701 Mailing Address: P.O. Box 3827, Beaumont, TX 77704-3827 Phone # (409) 880-3175 t Fax # (409) 880-3747 E-mail: Patrick.bardwellna,beaumonttexas. og_v -10- RFP SPECIFICATIONS I PUIt>PbSE AND .GENERAL INFORMATION' The City of Beaumont (City) seeks responses to this Request for Proposal (RFP) from qualified and experienced individuals interested in providing services as a consultant for disaster recovery and grant management services for new funding opportunities and grant applications not already submitted. Firms should have prior experience in grant solicitation and management, US Army Corps of Engineers (USACE) coordination, post storm event infrastructure, storm water/waste water mitigation and design/rehabilitation. 2. The City of Beaumont incurred major damages resulting from tropical storms Harvey and Imelda. During these incidents, there was significant residential damage and damage to City facilities. The City performed emergency protective measures to eliminate or lessen immediate threats to lives, public health or safety and eliminate or lessen immediate threats of significant additional damage to public and private property. The City is responsible for addressing disaster impacts to the roadways, utilities, storm water, water and wastewater infrastructure and facilities within the City limits. The impacts from these events include significant flood damage to the City assets. The City is seeking the services of a consultant for disaster recovery and grant management services to respond to the effects of these major storms and flood events. Services to include assistance with the processes involved in applying for and submitting claims, receiving and managing hazard mitigation grant funding from the Federal Emergency Management Agency (FEMA), funding opportunities of interest include USACE partnership, grant funding such as the hazard mitigation grant program, community block grant disaster program (CDBG-DR) and other funding pursuits. Services may also include coordination with State and Federal Administrators of the various disaster recovery funds made available. 3. Strategic Grant Pursuit and Grant Management: The City will be challenged with identification and pursuit of the multiple disaster recovery grant partnerships available following these disasters. 3.1 Consultant will be responsible for the identification and preparation of the competitive grant applications and mitigation project partnerships. 3.2 Consultant will work with the State and Federal grant administration offices to ensure applications meet the requirements of the various programs available to fund disaster recovery and mitigation. - 11 - 3.3 Consultant will prepare grant applications, administer grants and perform project close out. Respondents should demonstrate familiarity in State and Federal grant administrators, ability to recommend strategic grant solicitations, development of competitive grant applications, as well as capability of pursuing mitigation funding relief for damaged residences and public infrastructure. 4. Planning: Consultant will be responsible for providing advice and oversight in the development of cost effective, timely and eligible project scopes. Respondents should demonstrate that they can recommend cost effective engineering solutions, develop solutions that meet codes and standards and provide hazard mitigation from future disasters. Respondents to highlight experience with USACE, HUD and FEMA partnership and coordination on mitigation projects. II PREPARATIONS=0� PROPOSAL The City is asking qualified firms to prepare a statement of qualifications that addresses the Scope of Work found in numbers 3 — 4 of RFP Specifications, and conforms to the following instructions. The statement of qualifications shall include the following: 1.1 Statement of Qualifications (SOQ) of the submitting respondents. 1.2 One (1) page cover letter introducing the firm and indicate the principal in charge for the contract. 1.3 Up to five (5) projects completed within the last ten (10) years demonstrating the firm's experience with similar projects and shall include references with current contact name and phone numbers. 1.4 Organization chart clearly identifying project roles, names, and reporting structure/lines of authority. Include a resume for each individual shown on organization chart. Resumes should include education, certification(s), years of experience and specific project experience including role on each project. 2. Responses should provide a straightforward, concise description of the contractor's capabilities to satisfy the requirements of this RFP. Contractors submitting responses should be aware that the contents of the successful response will become part of the contract documents. The City reserves the right to negotiate all elements to ensure that the best possible consideration is provided for all parties. Contractor fees should be -12- in compliance with the rules and regulations of the funding source and pursued, and caps should be negotiated before application is submitted and be assessed toward the awarded amount. 4. If the Contractor would like to provide information in addition to the specific information requested in this RFP, such information shall be provided as a separate appendix to the bound response. 5. REQUIRED DOCUMENTS: Contractor must provide the following for review: complete Proposal marked as ORIGINAL, submitted m a'three-ring border;'` wo'(21 'coinplete-Proposals-marked. as COPY `submitted in -a three-ring - 'o4e41) electronic copy in pdf formaYon a'USS drive: Vendors shall provide responses at their own expense. :III EVALUATION .CRITERIA ,DESCRIPTION f POINTS Relationship/Past Experience 20 Firm Qualifications 20 Staff Qualifications 20 Project Approach 20 Cost 20 TOTAL POINTS 100 -13- ri'�,' '� .• fi ^3� key •+� ,�" d, A#� TEXAS -_ "RFP SHEET , Y RFP OPENING DATE.. Thursday,lVlarch;5, 2.020 RFP OPENING TIME: 2:00 P.M. (GST) CITYRFP NUMBER:: PF0220-0:7 ;FORFFURNISHING _ RFP for Grant Management Services (AS PER_SPECIFTCATIONS) SUBMIT RFP TO: This is a FORMAL RFP and must be submitted in a SEALED ENVELOPE with the RFP NUMBER written on the outside of the envelope to: Office of the City Clerk / City Hall City of Beaumont 801 Main St., Room 125 Beaumont, TX 77701 You may submit your RFP by MAIL, in PERSON, FEDEX or UPS. RFPs will not be accepted via email of Fax. OUTLINE OF REQUIRED RFP DOCUMENTS: For RFPs to be considered valid, Proposers MUST complete and submit the following: 1. Bid Sheet, pages 15 through 25. 2. Insurance Affidavit, page 34. (Certificate of Insurance, pages 35 - 38 must be completed and provided to the City upon award of the contract.) 3. Provide'a valid signature at the appropriate locations withn'these RFQ' documents: -14- PROPOSER INFORMATION SHEET GRANT MANAGEMENTSERVICES -RFP NO:'PF0220=07 PROPOSER INFORMATION.• Company Name Proposer's Name In Printed Form PRO -SER' S SIGNATURE (Signature REQUIRED for RFP to be accepted:) Proposer's Title Company Physical Address Street City State Zip Code Company Mailing Address Street or P.O. Box City State Zip Code Company Telephone Number Alternate Phone Number Company Fax Number E-mail Address -15- PROPOSER'S INFORMATION SHEET RFP NO. PF0220-07 INSERT PROPOSER'S INDIVIDUAL AND/OR COMPANY NAME: 1. Kind of Company (check one): ❑ Corporation ❑ Partnership ❑ Sole Proprietor If corporation, please list names and addresses of three (3) top corporation officers. If partnership, please list names and addresses of partners. Include Federal Tax I.D. Number. Name Address Name Address Name Address 2. Number of years in operation: 3. Current number of employees: 4. Number of employees to be assigned to this service: 5. Telephone number answered Monday—Friday, 8:00 A.M. — 5:00 P.M.: -16- 6. IN CASE OF EMERGENCY: Contact Name(s): Contact Phone Number(s): 7. Provide information concerning any judgments, claims arbitration proceedings or suits filed as a result of veterinary services performed. 8. Has your organization (including owners, partners, and or officers) ever been put on probation or disbarred from doing business with ANY governmental agency? If so, please list organization, time, and length of disbarment or probation. (Failure to provide this information may result in the City not awarding the contract to your company). Yes No If marked Yes, please list required information below: -17- REFERENCES 9. REFERENCES: List four (4) businesses for whom your company has successfully provided similar services. List a contact name, address and phone number for each project. REFERENCE N04. Company Name: Address: Contact Name: 'REFERENCE N0:2 Company Name: Address: Contact Name: REE]ERENCE'NO.3 Company Name: Address: Contact Name: REFERENCE N0.4. Company Name: Address: Contact Name: -18- Telephone: Telephone: Telephone: Telephone: PROPOSER .PRICING SHEET GRANT MANAGEMENT SERVICES RFP NO. 'PF0220 07 ~ ` In your response, provide pricing on an additional sheet on your company letterhead. NOTE: Place Pricing Sheet in this location when assembling your response: -19- RFP'TOR GRANT,'MANAGEMENT SERVICES: RFP NO::PF0220-07" Texas Ethics Commission Certificate Number HB 1295 -- Section 2252.098 of the Government Code states "a contract that requires an action or vote by the governing body of the entity or agency, or the value of the contract is at least one million dollars ($1,000,000), must provide a Disclosure of Interested Parties Form on the Texas Ethics Commission website". Within five (5) working days after the award of contract by Beaumont City Council, the awarded vendor must complete the information -requested on the Texas Ethics Commission website and provide the certificate number to the Purchasing Department. The Texas Ethics Commission website is: www. ethics. state.tx.us At the home page, click on Form 1295 Filing Application, and follow the instructions. Upon completion of the information on the website, provide the completed form and certificate number to the following Purchasing e-mail addresses: Patrick. bardwel l()_beau monttexas.gov terry.welch(a)_beaumonftexas.gov I understand the requirement as stated above and will comply within five (5) working days after the award of contract by Beaumont City Council. Signature Printed Name Title Revised 4/29/16 /bd -20- Company Name Date Signed RFP for Grant'Management Services . RFP No..PF0220 07" House Bill 89 (HB89) Verification the undersigned representative of (Company or Business Name) (hereafter referred to as "Company"), being an adult over the age of eighteen (18) years of age, verify that the company named - above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with the City of Beaumont, Texas. Pursuant to Section: 2270.001, Texas Government Code: "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and "Company' means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly- owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. DATE SIGNATURE OF COMPANY REPRESENTATIVE ON THIS THE day of , 20 , personally appeared , the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct. NOTARY SEAL NOTARY SIGNATURE Senate Bill 252 Ch. 2252 Certification Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2252.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website to the Comptroller of the State of Texas which do business with Iran, Sudan or any foreign terrorist organization, I will immediately notify the City ofBeaumont's Purchasing Department. Date Signed Signature of Company Representative Name in Printed Form [ THIS FORM MUST BE RETURNED WITH YOUR BID. ] -21- BID SHEET CONTINUED DATE OF DELIVERY AFTER RECEIPT OF ORDER: WARRANTY: Receipt is hereby acknowledged of the following addenda to the Specifications: Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received DOES YOUR BID MEET SPECIFICATIONS? YES NO IF NO IS INDICATED, ATTACH SHEET INDICATING EXCEPTIONS. PLEASE CHECK THE FOLLOWING THAT WILL APPLY TO YOUR COMPANY: Ownership of Firm (51 % or more) Non -Minority Hispanic Black Other Minority (please specify) Female Owned Handicapped Owned Small Business (less than $1,000,000 annual receipts or 100 employees) CERTIFICATE OF CORPORATE BIDDER I, , CERTIFY THAT I AM (title) OF THE CORPORATION NAMED AS BIDDER HEREIN; THAT WHO SIGNED THIS BID ON BEHALF OF THE BIDDER, WAS THEN (title) OF SAID CORPORATION; THAT SAID BID WAS DULY SIGNED FOR AND ON BEHALF OF SAID CORPORATION BY AUTHORITY OF ITS GOVERNING BODY AND IS WITHIN THE SCOPE OF ITS CORPORATE POWERS. SIGNATURE OF OFFICER TYPE OR PRINT NAME TITLE OF OFFICER -22- BIDDERS The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Vendor Address Bidder Bidder (Signature) (Print Name) Position With Company (Title) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a Date Received vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes ❑ No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? ❑ Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the govemment entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 -23- CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code 4 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12 -month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12 -month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 -24- STATEMENT OF CITY CHARTER PROVISION ON CONFLICT OF INTEREST The following provisions were adopted in an effort to avoid potential conflict of interest with prospective bidders and City employees or officers in the awarding of City contracts: No officer, elected or appointed, or other employee of the City shall have a financial interest, direct or indirect, or by reason of ownership of stock or share exceeding one percent (1%) in a business entity contracting with the City. Nor shall such officer or employee be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services from such business entity, except on behalf of the City in his official capacity as an officer or employee. 2. Any willful violation of this provision shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit their office or position. '3. Any violation of this section with the knowledge expressed or implied of the person or business entity contracting with the City shall render the contract involved null and void. (Beaumont City Charter, Article XVII, Section 9.) 1, (name) have read and hereby understand the aforementioned Beaumont City Charter provision prohibiting conflict of interest between City employees or officers and prospective bidders in the award of City contracts. I affirm, to the best of my knowledge and belief, that there is no conflict of interest between the herein stated person or business entity and any City officer or employee if a City contract is awarded. I further state that I have no outside interests that conflict or suggest a potential conflict of interest with the City. I understand that knowledge, express or implied, or concealment of such material fact could nullify and void any such City contract awarded. If I am awarded this contract, I herein agree to report promptly any further situation that might involve or appear to involve me in any conflict of interest with the City. SIGNED this the day of 20 Name Title -25- GENERAL CONDITIONS OF BIDDING (Revised 2/13/19) FAILURE TO COMPLY CONDITIONS OF BIDDING BEING DISQUALIFIED. 1. BIDDING: WITH THESE GENERAL MAY RESULT IN THE BID A. All bids must be on blank forms furnished by the Purchasing Division, and must be written in ink or by typewriter, Pencil quotations will not be considered. The bid must be executed personally by the bidder, or if executed by an agent, a power of attorney or other evidence of his authority to act on behalf of the bidder must accompany the bid. If the bidder is a corporation, the certificate of corporate bidder must be executed under the corporate seal by some duly authorized officer of the corporation other than the officers signing the bid. By execution of the bid, the bidder accepts all general and special conditions of the contract and the specifications. B. TIME & DATE: Formal bids must be in the office of the City Clerk by 2:00 P.M., local time, on the day bids are due, unless otherwise specified; an early postmark will not suffice. Be sure you have allowed ample time for postal delivery. The City will not be responsible for the delivery of your bid to the office of the City Clerk. If you choose to send your bid by postal delivery then it is recommended that you call the City Clerk's office to verify receipt of your bid prior the bid opening. Formal bids may NOT be faxed or e-mailed. Informal bids are due at the date and time stated in the bid document. Informal bids may be faxed. C. WITHDRAWAL OF BID: A bidder may withdraw his proposal before Council acceptance of his bid without prejudice to himself, by submitting a written request for its withdrawal to the City Clerk. D. Bids should show net prices, extensions and net total. In case of conflict between unit price and extensions, the unit price will govern. E. No change in price will be considered after bids have been opened. F. Unless otherwise specified, any catalog or manufacturer's reference or brand name used in describing an item is merely descriptive, and not restrictive, and is used only to indicate type, style or quality of material desired. If a bidder quotes on an article other than the one specified, which he considers comparable, the name and grade of said article must be specified in the bid and sufficient specifications and descriptive data must accompany same to permit thorough evaluation. In the absence of these qualifications, he will be expected to furnish the article called for. G. If this bid is altered, any erasure or alteration of figures on the item on which the erasure or alteration is made must be initialed by signee of this bid. H. Bids will not be considered in cases in which bidder quotes an item price and also an alternate price on the proposed substitute item, except in cases in which alternate bids are called for. I. All bids are to be delivered not later than the time stated in the specifications, F.O.B. Beaumont, Texas unless otherwise stated in the specifications and/or bid form. J. Bidders are invited to be present at the opening of bids. After opening, bids may be inspected in the Purchasing Division offices. K. If there is an honest mistake in the bid, due to clerical errors, and the bidder calls attention thereto promptly, he will not be bound by the bid. L. Where the mistake was a result of bidder's negligence, and City has no knowledge of the mistake when bids were opened, and contract awarded, he will not be released and shall be bound by the bid. M. If a mistake is not discoverable and verifiable by the City, bidder's incorrect interpretation of Engineering specifications set forth in a construction contract will not release him from his obligations, once a contract has been awarded by City Council and bidder has received notice of such award. N. Sealed formal bids due in the City Clerk's office will not be accepted through facsimile equipment. 2. TAXES: A. The City is exempt from the Federal Excise and Transportation Tax, and the Limited Sales and Use Tax. Unless the bid form or specification specifically indicates otherwise, the price bid must be net exclusive of the above mentioned taxes, and will be so construed. A vendor desiring refunds of, or exemptions from taxes paid on merchandise accepted by the City must submit the proper forms. The Purchasing Manager, if satisfied as to the facts, will approve or issue the necessary certificates. -26- 3. AWARD: A. The City reserves the right to consider and make awards of bids on articles of similar nature that in all respects will serve the purpose for which the purchase is being made. The City reserves the right to be the sole judge as to whether such articles will serve the purpose. B. Unless otherwise specified, the City reserves the right to accept or reject in whole or in part any bid submitted or to waive any informalities in the best interest of the City. C. Contractor is an independent contractor. Award of a contract does not create a joint venture between Contractor and the City. 4. BID DEPOSIT: A. No bid deposit will be expected of bidder unless specifications expressly provide otherwise. B. When specifications expressly call for a bid deposit, the deposit may be in the form of a cashier's check, cash, a certified check made payable to the City of Beaumont or a bond. The bond shall be executed by a surety authorized by the Texas State Insurance Commission and must be signed by both the surety and the bidder. C. When specifications call for a bid deposit, it should be placed in a separate bid envelope and enclosed with your bid. Should your bid deposit not be acceptable to the City, your bid will be returned. 5. DELIVERIES; A. Unless otherwise stated in the bid form or specification, deliveries must consist only of new and unused merchandise. B. Full fare must be allowed and no charge made for packages. C. In the event that deliveries of the supplies covered in the proposal are not made within the number of days specified, or in the event that the supplies delivered are rejected, and are not removed and replaced within the number of days specified in the official notice of rejection, the City reserves the right to purchase said supplied in the open market. Upon any such breach of contract, the City reserves the right to proceed against the successful bidder and/or the surety on this bond for any and all damages occasioned by the breach. 6. REJECTIONS: A. Articles not in accordance with samples and specifications must be removed by the bidder at his expense. All disputes concerning quality of supplies delivered under this proposal will be determined by the City Purchasing Manager or his/her designated representative. B. All articles enumerated in the proposal shall be subject to inspection or delivery by an officer designated for the purpose and if found inferior to the quality called for, or not equal in value to the department's samples, or deficient in weight, measurements, workmanship or otherwise, this fact shall be certified to the Purchasing Manager who shall have the right to reject the whole or any part of the same. 7. BILLING: A. All bills are subject to approval by the Purchasing Manager. 8. PATENTS: A. The contractor agrees to indemnify and hold harmless the City, the Purchasing Manager, and his/her assistants from all suits and actions of every nature and description brought against it or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted, upon request of the Purchasing Manager, as a necessary requirement in connection with the final estimate for payment in which such patented appliances, products or processes are used. 9. CONDITIONS PART OF BID: A. The general conditions of bidding defined herein shall be a part of the attached bid. 10. CONTRACT: A. No formal contract will be executed. The following will comprise the contract between the City and the successful bidder: i. Notice to Bidders, ii. General Specifications, iii. General conditions of bidding, iv. The Bid Sheet(s), v. Resolution awarding the bid. -27- B. In case of conflict, the specifications shall be controlling. 11. OSHA REQUIREMENTS: A. The vendor or contractor hereby guarantees to the City of Beaumont, Texas, that all material, supplies and equipment as listed on the proposal, contract or Purchase Order meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. 12. BIDS: A. Bids must remain firm for thirty (30) days from the bid opening date to allow for award by Council, unless otherwise specified. 13. DISCOUNTS: A. Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business (minimum 10 days). Prompt payment discounts will not be considered for contract purchases. B. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check. 14. DISCLOSURE FORMS: A. All forms must be signed and returned with your bid sheet. 15. EXCEPTIONS: A. If exceptions are being taken to any part of specifications, have them listed separately on your letterhead and manually sign it. 16. LOCAL BIDDER CONSIDERATION: A. Should bids for goods and/or commodities be received from a local vendor and an out of town vendor, a sales tax impact analysis formula shall be applied to the local vendor's bid. If it is determined by its formula that the local vendor's bid generates more sales tax revenue to the City than the difference between the two bids, award may be made to the local vendor. 17. PROTEST PROCEDURES — Any actual or prospective bidder or proposer who believes they are aggrieved in connection with or pertaining to a bid or proposal may file a protest. The protest must be delivered in writing to the Purchasing Manager, in person or by certified mail, return receipt requested, prior to award. The written protest must include: A. Name, mailing address, and business phone number the protesting party; B. Appropriate identification of the bid or proposal being protested; C. A precise statement of the reasons for the protest; and D. Any documentation or other evidence supporting the protest and any alleged claims. The Purchasing Division will attempt to resolve the protest, including at the Purchasing Manager's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to the Chief Financial Officer (CFO). B. To request information from this governmental body, please contact: Tina Broussard, City Clerk City Hall Physical Address: 801 Main Street, Suite 125 Beaumont, TX 77701 Mailing Address: P.O. Box 3827 Beaumont, TX 77704-3827 409-880-3740 Fax 409-880-3745 Phone openrecords(@beaumonttexas.gov 19. WEBSITE — Vendors are responsible for verifying all addendum to specifications downloaded from the City website. 20. INTERLOCAL AGREEMENT — Successful bidder If the Purchasing Division is not successful in resolving agrees to extend prices to all entities who have entered the protest, the protesting party may request, in writing, into or will enter into joint purchasing inter -local that the protest be considered by the CFO. Applicable cooperation agreements with the City of Beaumont. The documentation and other information applying to the City of Beaumont is a participating member of several protest will be forwarded to the CFO, who will promptly inter -local cooperative purchasing agreements, as review such documentation and information. If additional permitted under Chapter 791 of the Texas Government information is desired, the CFO may notify the necessary Code, with certain other political subdivision, authorizing party or parties to the protest to provide such information. participation in a cooperative purchasing program. The successful vendor may be asked to provide If the CFO is not successful in resolving the protest, the products/services based upon the bid price, to any other CFO may forward to the City Manager a request for participant. review. The decision of the City Manager will be final. 21. FORCE MAJEURE — Neither the City nor the 18. PUBLIC INFORMATION ACT: Contractor shall be required to perform any term, condition or covenant of this contact so long as A. Texas Government Code, Chapter 552, gives you the performance is delayed or prevented by force majeure. right to access government records; and an officer for public information and the officer's agent may not ask 22. FUNDING OUT — The State of Texas statutes prohibit why you want them. All government information is the obligation and expenditure of public funds beyond the presumed to be available to the public. Certain fiscal year for which a budget has been approved. Should, exceptions may apply to the disclosure of the during the term of this contract, funds be withdrawn by the information. Governmental bodies shall promptly funding authority, a Force Majeure shall be deemed to release requested information that is not confidential exist, and this contract may be terminated without penalty by law, either constitutional, statutory, or by judicial or recourse by either party. decision, or information for which an exception to disclosure has not been sought. 23. TERMINATION — This contract may be terminated by either party upon thirty (30) days' written notice. -28- Insurance Information -29- ATTACHMENT "A" (Revised 2/5/2019) INSURANCE SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits (on a form approved and provided by the City), and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCHASING DIVISION, and no officer or employee of the City shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in the following type(s) and amount(s): TYPE AMOUNT Workers' Compensation and Statutory Employer's Liability NOTE: For building or construction projects, and services provided at City -owned facilities, the successful Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission Rule 28 TAC §110.110 which follows this insurance attachment. Commercial General (public) Liability including coverage for the following: a. Premises operations b. Independent contractors C. Products/completed operations d. Personal injury e. Advertising injury f Contractual liability g. Medical payments h. Professional liability* i. Underground hazard* j. Explosion and collapse hazard* k. Liquor liability* 1. Fire legal liability* in. City's property in Contractor's* care, custody, or control n. Asbestos specific liability* * Not required for this contract Comprehensive Automobile Liability insurance, including coverage for loading and unloading hazards, for: Combined single limit for bodily injury and and property damage of $500,000 per occurrence or its equivalent with an aggregate limit of $1,000,000. Combined single limit for bodily injury and property damage of $500,000 per occurrence or equivalent. -30- a. Owned/leased vehicles b. Non -owned vehicles C. Hired vehicles 4. Errors and Omissions Provide a prudent amount of coverage for the insurance policy willful or negligent acts or omissions of any (when applicable) officers, employees or agents thereof. ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions. a. Name, the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), (as the interest of each insured may appear) to all applicable coverage. b. Provide for thirty (30) days' notice to City for cancellation, non -renewal, or material change. C. Provide for notice to City at the address shown below by registered mail. d. CONTRACTOR agrees to waive subrogation against the City of Beaumont, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f For coverages that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address: Purchasing Division City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability. -31- WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services Provided at City -Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110 As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the following definitions and comply with the following provisions: Workers' Compensation Insurance Coverage A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City of Beaumont. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Beaumont showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Beaumont: A certificate of coverage, prior to that person beginning work on the project, so the City of Beaumont will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. -32- I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the City of Beaumont. As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as: 1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; 2. Remodeling, extending, repairing, or demolishing a structure; or 3. Otherwise improving real property or an appurtenance to real property through similar activities. The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. -33- CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT �To be Completed By Appropriate Insurance Agent,. and. submitted with bid proposal. I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Beaumont, I will be able to, within ten (10) days after being notified of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Agent (Signature) Name of Agency/Broker: _ Address of Agent/Broker: . City/State/Zip: Agent/Broker Telephone #: CONTRACTOR'S NAME: Agent (Print) (Print or Type) NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may be liable for breach of contract. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Beaumont at (409) 880-3720. -34- ~~' Form No. COB CERTIFICATE OF INSURANCE Edition Date: 12/12/2018 WE Page 1 of 4 7= This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: Phone: / Name and Address of Insured: Phone: / Prime or Sub -Contractor?: Name of Prime Contractor, if different from Insured: -35- City of Beaumont Reference: Project Name: Project Location: Managing Dept.: Project Mgr.: Insurers Affording Coverages: Insurer A Insurer B Insurer C Insurer D 0 Form No. C0B1 CERTIFICATE OF INSURANCE Edition Date: 12/12/2018 M . W Page 2 of 4 INSR TYPE OF IN SURANCE :'- POLICY J POLICY EFF: ` • POLICY`EXP.-, , • LIMITS OF LIABILITY LTR . . NO. `� ,DATE' (MM/DDNY." (MM/131))YYYY) . Commercial General Each Occurrence $ Liability Policy As defined in the Policy, does the Policy General Aggregate $ provide: . Completed ❑ Yes ❑ No — Completed Operations/Products Operations/ $ Products Aggregate ❑ Yes ❑ No — Contractual Liability Personal & $ Advertising Injury ❑ Yes ❑ No — Explosion Deductible or Self $ Insured Retention ❑ Yes ❑ No — Collapse ❑ Yes ❑ No — Underground ❑ Yes ❑ No — Contractors / Subcontractors Work ❑ Yes ❑ No — Aggregate Limits per Project Form - CG 2503 0509 or Equivalent ❑ Yes ❑ Yes ❑ No — Additional Insured Form (not construction) - CG 2010 1001 or Equivalent ❑ Yes ❑ Yes ❑ No — Completed Operations Additional Insured Form (construction only) - CG2037 1001 or Equivalent ❑ Yes ❑ Yes ❑ No — 30 Day Notice of Cancellation Form - CG 2804 1093 or Equivalent ❑ Yes ❑ Yes ❑ No — Waiver of Subrogation Form - CG 2404 0509 or Equivalent ❑ Yes INSR TYPE OF`INSURANCE POLICY ' °.POLICY EFF..DATE' POLICYEXP:` LIMITS,OF,LIABILITY LTR NO. ' ,(MM/DDIYYYY) DATE - (MM/DD1YYYY) Pollution / Occurrence $ Environmental Impairment Policy Aggregate $ INSR TYPE OF -INSURANCE POLICY POLICY EFF. DATE POLICY EXP. DATE (MM/DD/YYYY) LIMITS OF LIABILITY LTR NO. (MM/DD/YYYY) Commercial Auto CSL $ Liability Policy As defined in the Policy, Bodily Injury $ does the Policy provide: Per Incident ❑ Yes ❑ No — Any Auto Bodily Injury $ Per Person Property $ ❑ Yes ❑ No — All Owned Autos Damage Per Accident -36- Form No. 1COBI � CERTIFICATE OF INSURANCE Edition Date: 12/12/201818 ` Page 3 of 4 -37- ❑ Yes ❑ No — Non -Owned Autos ❑ Yes ❑ No — Hired Autos ❑ Yes ❑ No — Waiver of Subrogation - CA0444 0410 or Equivalent ❑ Yes ❑ Yes ❑ No — 30 Day Notice of Cancellation - CA0244 or Equivalent ❑ Yes ❑ Yes ❑ No — Additional Insured - CA2048 or Equivalent ❑ Yes ❑ Yes ❑ No — MCS 90 INSR TYPE OF INSURANCE POLICY 'POLICY EFF. POLICY EXP._ LIMITS OF LTR NO.. DATE DATE LIABILITY_ (MMIDD/YYYY)- (MMIDD/YYYY). Excess Liability Occurrence $ ❑ Umbrella Form Aggregate $ ❑ Excess Liability Follow Form Workers ❑ Statutory Compensation & Each Accident $ Employers Liability As defined in the Policy, does the Policy provide ❑ Yes ❑ No — Waiver of Subrogation - WC420304 Disease - $ Policy Limit ❑ Yes ❑ No — 30 Day Notice of Cancellation - WC420601 Disease - $ Each Employee Is a Builders Risk or $ Installation Insurance Policy provided? ❑ Yes ❑ No ❑ Yes ❑ No — Is the City shown as loss payee/mortgagee? Professional Liability Each Claim $ As defined in the Policy, does the Policy provide: ❑ Yes ❑ No — 30 Day Notice of Cancellation Deductible or $ Retroactive Date: Self Insured Retention -37- Form C061 a CERTIFICATE OF INSURANCE Edition Date: 12/12/1 2/2018 Page 4 of 4 AGENT CERTIFICATION: THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect. Name of Insurance Company: Name of Authorized Agent: Company Address: Agent's Address: City: State: Zip: City: State: Zip: Authorized Agent's Phone Number (including Area Code): Original signature of Authorized Agent: X Date: CERTIFICATE HOLDER: City of Beaumont P. O. Box 3827 Beaumont, Texas 77704-3827 -38- DATE ISSUED: AUTHORIZED REPRESENTATIVE SIGNATURE Licensed Insurance Agent Printed Name: END OF SPECIFICATIONS -39- Ili' rl vi dA' x3L R 11ra TEXAS February 27, 2020 ADDENDUM NO. 1 RFP FOR: Grant Management Services RFP NO.: PF0220-07 Please be advised of the following updated information pertaining to the referenced RFP: Via Fax: 2 pages Via Email 1. Question: Will there be a Consultant agreement to be negotiated after award? Answer: Yes. 2. Question: Does the contractor have the right to refuse entering in an Interlocal agreement with other agencies as a result of this contract? Answer: Yes. 3. Question: If written consent is required by the City for the approval of a subcontractor, is consent required prior to the submission date or performed afterward? Answer: Approval is required after award of contract to the Primary contractor. Primary must list any subcontractors in the RFP response. 4. Question: Can travel expenses be a pass through with no mark up? Answer: Yes. When submitting RFP responses, proposers MUST acknowledge this Addendum No. 1 on page 22 of the RFP specifications. If we can be of further service, please do not hesitate to call Patrick Bardwell at 409-880-3175 or 409-880-3720. Since ely, Patrick J. Bardwell cc: Todd Simoneaux, Finance Purchasing Manager Tim Ocnaschek, Police PB: bd G:\BIDS - DO NOT MOVE OR DELETEI\Pu20\Pu-F-20\PF0220-07_Add l.dooc PURCHASING T 409.880.3720 qW F 409.880.3747 PO Box 3827 Beaumont, TX 77704 801 Main St. I Suite 315 Beaumont, TX 77701 beaumonttexas.gov PUBLIC HEARING * Receive comments on the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 feet south of Dishman Road March 17, 2020 Consider an ordinance approving the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 feet south of Dishman Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager Gs i3 PREPARED BY: Chris Boone, Planning and Community Development Director MEETING DATE: March 17, 2020 REQUESTED ACTION: Council to conduct a Public Hearing and consider an ordinance for the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 feet south of Dishman Road. 119Y.To (l1ZIli1►�1, A. Huston Properties, LLC, the landowner, has petitioned the City to annex a 0.398 acre area into the City of Beaumont. This area includes a small portion of land and a bridge located at Keith Road, approximately 3,380 feet south of Dishman Road and 3,450 north of Phelan Boulevard. This area is currently served by city water service from Keith Road. The purpose of the request for annexation is to bring the bridge into the city limits, allowing the city to take ownership of it. The city limits in this area ends at the eastern boundary of the- LNVA canal. The bridge was originally designed and constructed to serve a nearby drilling site. As drilling has ceased, the terms of contracts between the drilling company and landowners would otherwise result in the removal of the bridge. Staff considers that keeping the bridge would be a long-term benefit to all parties. The bridge has been inspected by City staff and is more than adequate to accommodate vehicular traffic. The bridge would create an additional access point to Keith Road, allowing for future development of this raw land. In addition, the bridge currently provides direct access by emergency vehicles to this remote corner of the Gulf Terrace Hike and Bike Trail. Attached is the petition, legal description and the "Annexation Service Plan" outlining the municipal services to this area as it is incorporated in the City of Beaumont. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF BEAUMONT, TEXAS: - The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, -hereby petition your. honorable Body to extend the present city limits .so as to include as part of the City of Beaumont, Texas, the following described territory, to wit: See the attached Exhibit "A" We certify that the above described tract of land is contiguous and adjacent to the City of Beaumont, Texas, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. A. Hu sto op i LLC By: Paul Steinman, President THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME,. the undersigned authority, on this day personally appeared Paul Steinman, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity therein stated. Given under my hand and seal of office, this 10 day of F&V(ta . , 2020. Nota Public in and for T F Ker YN DIANE ry HODGES -Jewe (so n County, Texas. •• STATE OF TEXAS ID#12BM165 MV Comm. Exp.82020 ORDINANCE NO. ENTITLED AN ORDINANCE ANNEXING APPROXIMATELY .0398 ACRES OF LAND LOCATED AT KEITH ROAD, APPROXIMATELY 3,380 FEET SOUTH OF DISHMAN ROAD AND 3,450 FEET NORTH. OF PHELAN BOULEVARD INTO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; BINDING SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY; AND, ADOPTING A SERVICE PLAN. WHEREAS, Article 1, Section 4 of the Charter of the City of Beaumont, Texas, an incorporated city, authorizes the annexation of additional territory, subject to the laws of this state; and, WHEREAS, the procedures prescribed by the Texas Local Government Code and Charter of the City of Beaumont, Texas have been duly followed with respect to the annexation of the territory as described in and shown on Exhibit "A," attached hereto; and, WHEREAS, the territory lies adjacent to and adjoins the present boundaries of the City of Beaumont, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. The land and territory lying adjacent to and adjoining the present boundaries of the City of Beaumont, Texas as described in and shown on Exhibit "A," attached hereto, is hereby added and annexed into the City of Beaumont, Texas; said territory shall hereinafter be included within the boundary limits of the City of Beaumont, Texas; the present boundary limits of such City at the various points contiguous to the area as described in and shown on Exhibit "A," attached hereto, are altered, amended and extended so as to include said area within the corporate limits of the City of Beaumont, Texas, such property shall be within Ward 2 for purposes of municipal elections. Section 2. The described territory in the area so annexed shall be a part of the City of Beaumont, Texas, and the inhabitants thereof, if any, shall be entitled to all the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Beaumont, Texas. Section 3. A service plan for the area is hereby adopted and attached as exhibit "B." 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. The City Clerk is hereby directed to file with the County Clerk of Jefferson County, Texas, a certified copy of this ordinance. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 17th day of March, 2020. - Mayor Becky Ames - ATTEST: City Clerk ,e City of Beaumont 0.398 Acre Annexation Area In The A. Huston Survey, Abstract No. 33 Beaumont, Jefferson County, Texas All that certain tract of land lying and being situated in Jefferson County, part of the A.Huston League, Abstract No. 33 and being a part of that certain 100 foot wide right of way, conveyed to the Lower Neches Valley Authority and described as "Strip No. 2" in that certain document filed in Volume 948, Page 160 of the Deed Records of Jefferson County, Texas and including a 150 foot long strip of that Easterly portion of the Keith Road right of way located between the East edge of the existing pavement of Keith Road and the East right of way line of Keith Road. COMMENCING at a point at the intersection of the South line of Dishman Road and the East line of Keith Road, a 60 foot wide right of way, and being the West line of said Lower Neches Valley Authority right of way; THENCE North 87° 08' 41" East along and with the South line of said Dishman Road for a distance of.100.00 feet to a 3/4 1h inch iron rod found in the East line of said Lower Neches Valley Authority right of way and being the West line of that certain called 200 acre tract as described in that certain instrument recorded -in County Clerks File No. 98-9829841 of the Official Public Records of Jefferson County, Texas and being the current West boundary line of the City limits of Beaumont, Texas; THENCE'South 02°43' 05" East along and with the East line of said Lower Neches Valley Authority tract and the West line of said 200 acre tract for a distance of 3311.48 feet to.the POINT OF BEGINNING of the herein described tract; THENCE South 02° 43'05" East continuing with the East line of said Lower Neches Valley Authority tract and West line of said 200 acre tract, at 113.68 feet past a 3/4th inch rod found for the southwest corner of said 200 acre tract and being the northwest corner of that certain 209.07 acre tract conveyed to Jefferson County Drainage Distract No.6 as recording in County Clerks -File No. 103-06-2396 of the Real Property Records of Jefferson County, Texas and continuing for a total distance of 150.00 feet to the southeast corner of the herein described tract; THENCE South 87° 16' 55" West, at 100 feet pass the East right of way of Keith Road and continue for a total distance of 115.61 feet to the southwest corner of the herein described tract at the east edge of the existing pavement of Keith Road; THENCE North 02'43'05" West with the. east edge of pavement of Keith Road for a distance of 150.00 feet to the northwest corner of the herein described tract; THENCE North 87° 16'55" East for a distance of 115.61 feet back to the POINT OF BEGINNING and continuing 0.398 acres of land, more or less. EXHIBIT "A" m DIE T)MT-TWAN RnAP r UNU PHELAN 0.398 ACRES OUT OF THE A. $USTON SURVEY, ABSTRACT NO. 33 VICINITY MAP BBAUMONT, JBFI•'ERSON COUNTY, TEXAS SCAt.T• N.T.S. FEBRUARY 2020 %`xil/ / i 7T ,¢ I w® 4 S� t mf m( m. SCALE : 1'= 40' n, ':•.SCHAUMBURG r5.POLK,1" L. �•-- El rvm Pa@svr�n r FD�(U20 � Z 66,39CaNuD rM 6erumu 7T 77707 a[ -096B5D34' P.409.6MD337 F c [ © cua.*,9kemo 'o t 0 Wi MUNICIPAL SERVICE PLAN FIRE Existing Services: Jefferson County ESD #1 Station Services to be Provided: Fire suppression will be available to the area upon annexation., Primary fire response will be provided by Fire Station No. 9, located ,at 8000 Keith Rd, Beaumont, TX. 77713. Adequate fire suppression activities can be afforded to the annexed area within current budget appropriation. Fire prevention! activities will be provided by the Fire Marshal's office as needed. POLICE Existing Services: Jefferson County Sheriffs Office Services to be Provided: Currently, the area is under the jurisdiction of the Jefferson County Sheriff's Office. However, upon annexation, the. City of Beaumont Police Department will respond to calls in this annexed area. BUILDING INSPECTION Existing Services: Jefferson County Services to be Provided. The Planning & Community Development Department will provide Building Code Enforcement Services upon annexation. This includes issuing building, electrical and plumbing permits for any new construction and remodeling, and enforcing all other applicable codes which regulates building construction within the City of Beaumont. PLANNING AND ZONING Existing Services: None Services to be Provided. The Planning & Community Development Department will provide planning and zoning benefits and protections to this are upon annexation. LIBRARY Existing Services: None Services to be Provided: Upon the effective date of annexation, free library use privileges will be available to anyone residing in this area. EXHIBIT "B" HEALTH DEPARTMENT- HEALTH CODE ENFORCEMENT SERVICE Existing Services: Jefferson County Health Department Services to be Provided. The City of Beaumont's Health Department will enforce health ordinances and regulations on the effective date of the annexation. STREET Existing Services: County Street Maintenance Services to be Provided: Maintenance to the street and bridge facilities within this annexed area will be provided by the City of Beaumont upon the effective date of the annexation. This service can be provided within the current budget appropriation. STREET LIGHTING Existing Services: None Services to be Provided: The City of Beaumont will coordinate any needed, improved street lighting with the local electric provider in accordance with standard policy. WATER SERVICE Existing Services: City of Beaumont maintained water line (16" PVC) Services to be Provided: Water service to the area will be provided in accordance with the applicable codes and departmental policy. When other property develops in the adjacent area, water service shall be provided in accordance with extension ordinances. Extension of service shall comply with City of Beaumont's codes and ordinances. SANITARY SEWER SERVICE Existing Services: None Services to be Provided: Sanitary sewer service to the area of proposed annexation will :be provided in accordance with applicable codes and departmental policy. When property develops in the adjacent areas, sanitary sewer service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable City of Beaumont codes and ordinances. SOLID WASTE SERVICES Existing Services: None Services to be' Provided: Solid Waste Collection by the City of Beaumont shall be provided to the area of annexation in accordance with the present ordinance. MISCELLANEOUS All other applicable municipal services will be provided to the area in accordance with the City of Beaumont's established policies governing extension of municipal services to newly annexed areas. PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvement line items of the Consolidated Grant Program's 2020 Annual Action Plan BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager .6 - PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 17, 2020 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvement line items of the Consolidated Grant Program's 2020 Annual Action Plan. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years prior to adopting the City's Annual Action Plan. Planning & Community Development staff, along with the Community Development Advisory Committee (CDAC), has hosted Public Hearings in order to receive public comments on the process and activities related to the 2020 Annual Action Plan. Attached is the proposed Budget for the 2020 Program Year. The proposed Preliminary Budget reflects estimated allocations of $1,361,649 in Community Development Block Grant (CDBG) funding, an estimated $100,000 in Program Income and $477,022 in HOME funding. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Conduct the Public Hearing. 2020 HUD CONSOLIDATED GRANT PROGRAM Preliminary Budget COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Budget CLEARANCE AND DEMOLITION 202,935 Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures located in low to moderate income areas. PUBLIC FACILITY & IMPROVEMENT (Special Projects to be determined) 200,000 HOUSING MINOR REPAIR — (Habitat for Humanity) 300,000 Funds will be used to repair approximately 45 -60 homes at $5,000 each, for the elderly and disabled. Project Delivery Costs — HABITAT FOR HUMANITY 100,000 Rehabilitation Administration (City Project Delivery Costs) Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, 1007000 and regulatory requirements associated with the implementation of the housing Repair Program. PUBLIC SERVICES (15%) 200,000 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION (19%) 258,714 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements associated with the Implementation of the HUD Consolidated Grant Program. TOTAL ENTITLEMENT 1,361,649 Program Income 100,000 Small Business Loan, Historic Preservation Loan Fund, Clearance and Demolition *Program Income is Estimated TOTAL CDBG 1,461,649 HOME Budget AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage buy downs). HOME ADMINISTRATION 47,702 CHDO OPERATING (5%) 23,851 (Community Housing Development Organization Operating) CHDO RESERVE (15%) 71,553 (Community Housing Development Organization Reserve) ENTITLEMENT (70%) 333,916 TOTAL HOME 477,022 Facilities are wheel chair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours.prior to thismeeting. Please contact (409) 785-4793 for further information. Esta instalacions ADA son accesible con estacionamineto para personas discapacitadas. En caso de ser necesarios los servicios interpretativos, por favor, pongase en contacto 48 horas antes de la reunion y se les proporcionara el servicio necesario. Telefono: (409) 785-4793 WORK SESSION Review and discuss a proposed Eagle Scout Monument Project at Pipkin Park BEAUMONT Facilities Maintenance INTER -OFFICE MEMORANDUM City of Beaumont, Texas C To: Kyle Hayes, City Manager Date: February 19, 2020 From: Keith Folsom, Facilities Maintenance Director Subject: Ezequiel Uribe Eagle Scout Monument Project at Pipkin Park COMMENTS Mr. Uribe is requesting permission to install a granite monument enclosed within an ornamental fence at Pipkin Park near the Temple to the Brave. Jimmy Neale and I have met with Mr. Uribe and his mother, Jana Uribe, to discuss the proposed project and to discuss the concerns of the City of Beaumont. Mr. Uribe has obtained the help of Sigma Engineers to design the project and will be seeking donations and selling memorial bricks to help raise funds to pay for the installation of the project. Excess funds raised for the project will be donated to the Daughters of the American Revolution to be used for future maintenance of the monument. The exact location of the proposed monument in the Park will be determined by the Parks and Recreation Director, but preliminary discussions has placed the monument near the Temple to the Brave. The general public will view the granite monument through the ornamental fence. The area inside the fenced area will be maintained by the scouts and the City will maintain the grounds around the fenced area of the monument. Ezequiel's mother, Jana Uribe, will be the lead adult of the project. As we previously discussed, this may require,a work session to allow City Council to ask Ezequiel questions. Let me know if you need any additional information. attachments February 17, 2020 Mr. Keith Folsom Beaumont Facilities Maintenance City of Beaumont Re: Pipkin Park Eagle Scout Monument Project Dear Mr. Folsom: I have compiled, answers for your questions relating to my Eagle Scout project. This project erects a War Memorial in Pipkin Park on the grounds of the Temple to the Brave. You have requested answers to several questions. 1. Provide the City Facilities Maintenance Department with a detailed construction plan that will show concrete thickness, steel reinforcing in the concrete, concrete strength (2500 psi or 3000 psi}, cross section detail of the concrete, type and material of the fence, footing size on the fence posts, and elevation view of the project. Response: I have contracted with Sigma Engineers and they have made drawings of the monument with all specifications. They have also agreed to answer any questions the City has in regards to the monument. 2. Ensure that the concrete and brick pavers cover the entire area inside the enclosed fenced area. Response: My plans are to have gravel between the concrete area and the fence. This will make maintenance very easy on the inside of the monument. 3. Provide answers to the following questions; a. Who will be the firm, group, or individual that the City will enter into an agreement with? I am constructing the monument for my Boy Scout Eagle Project. The monument will belong to the Daughters of the American Revolution and the Temple to the Brave. b. When the brick pavers are sold to raise funds and, in the event, that there are surplus funds left over, what will be done with the surplus funds? Any remaining funds left over will be turned over to the Daughters of the American Revolution for maintenance of the monument. I am not allowed to keep any funds relating to the project as outlined in the rules of the Boy Scouts of America. c. Who will construct the granite monument? Precision Monuments will be constructing the monument. d. Who will provide and install the fencing? Bell Fence Co. is providing the materials for the fence and A-1 Maida fence company will be installing the fence. e. Who will install the concrete foundation? The concrete foundation will be installed by Polyman Construction, a local contractor. f. Who will install the brick pavers? The scouts will be installing the brick pavers with the assistance of local contractors. g. Who will maintain the monument and inside the fenced area of the monument after the project is complete? Due to the fact, gravel will be used there should be little to no maintenance required. Any maintenance that would be required, will be donated by scout troops. 1 will establish work days and have scouts needing service hours to come out and maintain the monument. Who will be the lead adult person for the project? My mom lana Uribe'is the lead adult of the project. Provide a list of the donors. Once the City of Beaumont gives me the go ahead, I can begin fundraising. 1 am selling bricks to individuals and businesses in the community to help raise the funds. Currently my donors are Sigma Engineers, Bell Fence, A-1 Maida Fence Co and Polyman Construction. Many people are wanting to purchase the bricks but 1 wanted to make sure all the city's questions were answered before collecting any money. If the city would like a list of the donors once it has been completed, then 1 will provide it. Please let me know if you require any additional information for this project. I am eager to start and make this a wonderful monument for the citizens of our community to come and visit. Best regards, Ezeq iel Uribe, Troop 1971 Y. uar 17 Nf eti thSeith ..-0 som • e. p- r'.8q. h ,y;.Ma�c l,-,,q.et'Approvql from City C 'uo.qi,:toMqVeF ard(q.q W.i.t "o tJon tII6,p t March -1 t' ttrqygb' Maftf-315t- Fumdraise to-cove.ralf 4sfs ofth-e-Pirdject .,, fi r i'l 5 W bi K d'a- oe­ t 'hr's't-W`ct' a'-n-d.c'c!'tn: cphcra6-.$ 6 hdk- io' d, - - t APOIQth -Heginlayingbricksand in 'g..th .e.,monumen May2n,dan k inSi d 3 r(J'c'o'. m. t ehtphd: all A' p e e mdn,um b.ric a JqR..: W, av '96*'a_nd;iOth'Begi iqgthq,fenqe, 17 -allaAJp'-n,-' t. h G o rn 1 e t p i�le n i nft. 4 X De :i:cate ;u.,m sith-er,Wh M. y! & Flag,D.fd.y, :7%` gnt On �L o� jrA .NO 035 �uw„e w vm w W r 4 .I m nwna .Vc m® u M�� z M t 7 C 9 Z oZ i a N F Z C p Z m� �vaaoaar Sn]%NCia3YWD15 � The Revolutionary War War of 1812 Mexican -American War American Civil War Spanish-American War World War I THIS MONUMENT IS TO 61M19hTTK9lilkq APPRECIATION FOR ALL MEN AND WOMEN WHO SERVED IN THE ARMED FORCES TO PROTECT OUR RIGHTS AND FREEDOMS cV-0, p '�. La�"a_ "WE WILL NEVER FORGET" World War II Korean War Vietnam War Gulf War Iraq War War in Afghanistan "Prepare for the unknown by studying how others in the past have coped with the unforeseeable and the unpredictable" George S. Patton AGREEMENT Eagle Scout Project located in Pipkin Park This AGREEMENT is entered into between the City of Beaumont, Texas, an incorporated municipality and Texas governmental entity ("the City") and , Jana Uribe, ("the Guardian"), of Ezequiel Uribe, a minor, seeking to complete an Eagle Scout Project ("War Memorial") within a City park. RECITALS A. The purpose of this Agreement is to set forth the terms and conditions upon which Ezequiel Uribe will reconstruct a War Memorial ("Monument") in Pipkin Park on -the grounds of the Temple to the Brave. B. To set forth the terms and conditions upon which the Guardian will be responsible for the construction site and recording keeping of all donated funds provide to Ezequiel Uribe for such construction. WHEREFORE, in consideration of the above recitals and other good and valuable consideration, the parties hereby agree as set forth below. 1. Work to Be Performed. See diagram attached as Exhibit A. a. Permitting. The Guardian agrees to secure all required permits required for the Work to Be Performed. b. Safety Laws. The Guardian agrees to follow all safety laws, both state and federal, during construction; including but not limited to, ensuring the work site is secure at all times and proper signage is used. 2. Money to Be Provided. The Guardian agrees to donate any access money retained from the sale of brick pavers to the City to be used for the upkeep of the Monument. a. Method of Reimbursement. Within thirty (30) days after the conclusion of the project, the Guardian shall provide a cashier's check to the City a record of all sales, donations, and expenses to the City. 3. Right of Termination. The City and the Guardian each reserve the right to terminate this Agreement for just cause. The Guardian's inability to complete the Monument for any reason will be accepted as cause for termination. If the project is terminated after construction has begun, the terminating Party is responsible for restoring the work site to its original condition at their expense. 4. Entire Agreement. This Agreement contains the entire agreement and understanding concerning the Work to Be Performed and its reimbursement. The Parties 1 acknowledge that neither the other party nor its agents nor attorneys have made any promise, representation, or warranty whatsoever, express or implied, not contained herein to induce the execution of this Agreement and acknowledge that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. 5. Amendment must be in Writing. This Agreement shall only be modified by a writing signed by the Parties. 6. Venue for Resolving Disputes. Any arbitration or litigation arising out of this Agreement shall be conducted only in Beaumont, Jefferson County, Texas. 7. Interpretation Guides. In interpreting this Agreement, it shall be deemed to have been prepared by the Parties jointly and no ambiguity shall be resolved against either Party on the premise that it or its attorneys was responsible for drafting , this Agreement or any provision hereof. The captions or headings set forth in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent or any Sections, Subsections, or other provisions of this Agreement. Any reference in the Agreement to a Section or to a Subsection, unless specified otherwise, shall be a reference to a Section or Subsection of this Agreement. 8. Notices. All notices, demands, and communications between the Parties shall be duly addressed as indicated below and given by personal delivery, registered or certified mail (postage prepaid and return receipt requested), Federal Express or other reliable private express delivery, or by electronic mail transmission with confirmation by the other Party. Such notices, demands, or communications shall be deemed received (i) upon delivery if personally served or sent by email, or (ii) after three business days if given or sent by any other approved manner specified above. Any Party to this Agreement may change its below -specified name, address, email, or person to whom attention should be directed by giving notice as specified in this Section. Notices, demands, and communications shall be duly addressed and sent as follows: To the City: Contact: Jimmy Neale, Director of Parks & Recreation Address: 801 Main Street, Beaumont, Texas 77701 Phone: (409) 838-3613 E-mail address: jimmy.neale@BeaumontTexas.gov The Guardian: Contact: Jana Uribe Address: 470 Orleans, Suite 810, Beaumont, Texas 77701 Phone: (409) 832-7400 Email address: jana@pollans-cohen.com 9. Texas Law Governs. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of Texas. 10. Counterparts. This Agreement may be signed in one or more counterparts; which, taken together, shall constitute one original document. 2 IN WITNESS WHEREOF, the undersigned execute this Agreement on behalf of the Parties. The City: Kyle Hayes, City Manger The Guardian: Jana Uribe, legal guardian of Ezequiel Uribe Given under my hand this day of 12020. Notary Public My Commission Expires: 3 IN WITNESS WHEREOF, the undersigned execute this Agreement on behalf of the Parties. The City: Kyle Hayes, City Manger The Guardian: Jana Uribe, legal guardian of Ezequiel Uribe Given under my hand this a4 day of �lAiC1� , 2020. STEPHANIE ELY SE SALDANA =a°?Notary Public, State of Texas Comm. Ex Not Public �9h ,�r pires 04-18-2023 1110— Notary ID 128574924 My Commission Expires: 9 l11 112 LJ 3 fi R�f gpc 4 al NEW VETERANS MONUMENT PIPION PARK �E BEAUMONT, TX i, 040 -1 EXHIBIT "A"