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Home My WebLink About03/16/2021 PACKETBEAUM©NT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MARCH 16, 2021 1:30 PM CONSENT AGENDA * Approval of minutes— March 9, 2021 * Confirmation of board and commission member appointments A) Approve a contract for the repair of an elevator at the City's Water Production Plant located at 1550 Pine Street B) Approve a contract to provide and service refuse containers at various City facilities C) Approve a contract for Architectural Services for the Municipal Court Third Floor Build - out D) Approve the purchase of a Medium Force Pipe Fusion Unit for use in the Water Distribution Division E) Authorize the reimbursement of funds to Drainage District No. 6 (DD6) related to the Fleetwood Detention Pond Project F) Authorize the execution of a Utility Crossing Agreement with Coastal Caverns, Inc. G) Authorize the acceptance of a ten foot (10') wide Exclusive Water Line Easement located at 155 South MLK Parkway LA I BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution approving a contract for the repair of an elevator at the City's Water Production Plant located at 1550 Pine Street. BACKGROUND The City requested proposals for the repair of the passenger elevator located at the City's Water Production Plant which was damaged during 1urricane Harvey. Bids were requested from four vendors; two responses were received. The low qualified bid to complete the project was received from Integrity Elevator Solutions, LLC. of Buna in the total amount of $120,050. Stark Elevator, LLC, the apparent low bidder, was deemed non -responsive due to not meeting specifications. The contractor will complete the project in twenty eight (28) calendar days. Bid tabulation is attached. FUNDING SOURCE Hurricane Harvey Fund will pay a 10% match and FEMA will cover 90%. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a contract for the repair of the elevator at the City's Water Production Plant located at 1550 Pine Street; and, WHEREAS, Integrity Elevator Solutions, LLC, of Buna, Texas, submitted a bid in the amount of $120,050.00, as shown on Exhibit 'A" attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Integrity Elevator Solutions, LLC, of Buna, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Integrity Elevator Solutions, LLC, of Buna, Texas, for the repair of the elevator at the City's Water Production Plant located at 1550 Pine Street in the amount of $120,050.00, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Integrity Elevator Solutions, LLC, of Buna, 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 16th day of March, 2021. - Mayor Becky Ames - CRY OF BFAUMOW - PURCHASING DMSION Terry Welch - Senior Buyer BEAUM©NTJ 4o9-BBo-3107 T E %A 5 lem welailolbeaunorXleaxa nnv BID TABULATION: Contract to Repair the Passenger Elevator at the City Water Production Facility Located at 1550 Pine Street, Beaumont, Tx BID No. TF0121-09 OPENING DATE: Thursday, March 4, 2021 Vendor Integrity Elevator Solutions, LLC. ' Stark Elevator, LLC City / State Buna, Texas Beaumont, Texas Disax inn Total Bid Price Total Bid Price Base Bid for Scope as Speclfled $120,050.00 $91,043.36 (Per Dwgs dt Specifications) Completion time: 28 Calendar Days 21 Calendar Days • Indicates bidder was non -responsive. The low quallFled bidder as HI lighted Is Integrity Elevator Solutions, LLC. EXHIBIT "A" BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer N MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution approving a contract to provide and service refuse containers at various City facilities. BACKGROUND Refuse container and collection services are required at thirty eight (38) sites throughout the City. The size of refuse containers required range from two to ten cubic yards, and the collection frequency rates range from one to four per week. Bids were requested from six vendors; three responded. The lowest qualified bid with an estimated annual cost of $79,930.20 was received from Republic Services of Beaumont. This represents an approximate seven percent (7%) decrease compared to the previous contract. 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 and state the size, location, and frequency of collection currently under contract. Also, they allow the City to add or delete containers and change locations or container sizes as needed. The bid also requested monthly rates for roll off containers on an as needed basis such as special events or cleanup following a hurricane. Republic Services has the current contract. Bid tabulation is attached. FUNDING SOURCE General Fund 90%, Other Funds 10%. RECOMMENDATION Approval of the resolution. CITY OF BEAUMONT, BEAUMONT, TEXAS BEAUMONT PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR CONTAINER 8 SOLID WASTE COLLECTION RE BID Bid Number: TF0221.11 Bid Opening: Thursday, March 4, 2021 Contact Person: Terry Welch, Senior Buyer tenv.welch(dbeaumonttexas.cov Phone: 409-880-3107 MONTHLY CHARGE VENDOR: REPUBLIC SERVICES CONTAINER 1/WEEK 2M/EEK 3N9EEK 4/WEEK 5/WEEK fiM/EEK 2 YD $ 18.60 $ 37.20 $ 55.80 E 74.40 b 93.00 $ 111.80 4YD $ 37.25 $ 74.60 $ 111.75 $ 149.00 $ 186.25 $ 22J.50 6 YD $ 55.75 $ 111.50 $ 16].25 $ 223.00 $ 278.75 E 334.50 8 YD E 74.50 E 149.00 $ 223.50 $ 298.00 E 372.50 $ 047.00 10 YO b 93.00 b iBfi.00 $ 279.00 E 372.00 E 465.00 $ 558.00 T TAL MONTHLY BID: 6,660.85 TOTAL ANNUAL BID: $ 79,930.20 MONTHLY CHARGE" VENDOR: Piney Woos Sanitation CONTAINER 1 WEEK 2IWEEK 3/WEEK 4IWEEK 51WEEK 61WEEK 2 YD $ 51.60 $ 98.04 $ 149,64 $ 201.24 $ 252.84 1 $ 304.44 4 YD $ 68.80 $ 13.72 $ 199.52 $ 268.32 $ 337.12 $ 405.92 6 YD $ 70.95 $ 134,81 $ 20576 $ 27671 $ 374.66 $ 418.61 B YD $ 94.60 $ 179.74 $ 274,34 $ 368.94 $ 463.54 1 $ 558.14 10YD $ 118.25 $ 224,68 $ 342.93 $ 461.18 $ 57943 $ 697.68 TOTAL MONTHLY BID: $333.45 TOTAL ANNUAL BID: 100,001.40 T,.. MONTHLY CHARGE VENDOR: CONTAINER 1 WEEK 21WEEK 3/WEEK 41WEEK SIWEEK 61WEEK 2YD $ 48.95 $ 97.90 $ 146S5 $ 195.60 $ 244.75 1 $ 293,70 4YD $ 64.52 $ 129.04 $ 193,56 $ 258.08 $ 32260 $ 387,12 6YD $ 81.72 $ 163.44 $ 245.16 $ 326.88 $ 40860 $ 490.32 BYD $ 92.39 $ 184,76 $ 277.17 $ 312.10 $ 461S5 $ 554.34 10 YD $ 129.90 $ 268.70 $ 389.70 $ 519.60 $ 649.50 $ 779.40 TOTAL MONTHLY BID: 9,296.66 TOTAL ANNUAL BID: $ 111,659.92 VENDOR Republic Piney Woods . Waste Mgt Services Sanitation FACILITY SIZE(YD) QTY COLLECT MONTHLY MONTHLY MONTHLY PRICE PRICE PRICE Alice Keith Park 6 1 2 $111.50 $134.81 $163 P1 4050 Reed St. Animul Services 6 1 1 $55.75 $70.95 $61 72 1884 Pine An League 2 1 1 $18.60 $51.60 $48.95 2600 Gulf Art Museum of Southeast Texas 6 1 2 $111.50 $134.81 $163.44 500 Main St. Athletic Complex 10 4 2 $744.00 $898.72 $1,074,80 950 Langham Rd. Babe Zaharias Park 8 1 2 $149.00 $179.74 $18478 1750 E. IH-10 Charlton Pollard Park 4 1 1 $37.25 $68.90 $64.52 2025 Sabine Pass City Hall 10 1 3 $279.00 $342.93 $389.70 801 Main St. Civic Center 10 3 4 $1,116.00 $1,383.54 $1,558-80 701 Main St. Collier's Ferry Park 10 1 1 $93.00 $118.25 $129.9O 5390 Pine St. CVB 6 1 1 $55.75 $70.95 $8172 505 Willow EMS Med 42 10 1 1 $93.00 $118.25 $129.90 3020 Municipal Dr, Event Centre 10 2 3 $558.00 $685.86 $77940 700 Crockett Facility Maintenance 10 1 1 $93.00 $118.25 $129.90 1848 Pine St. Fleet Fire Maintenance 2 1 2 $37.20 $98.04 $97,90 1125 Archie Elect Management 4 1 2 $74.50 $13.72 $129.04 4955 Latin Rd Fleet Maintenance 2 1 2 $37.20 $98.04 $97.90 4955 Lefm Rd Fire Headquarters/Admin Bldg 8 1 1 $74.50 $94.60 $92.34 400 Walnut Fire Station Nl 4 2 1 $74.50 $137.60 $129.04 1675 Caldwell Ave. Henry Homberg Golf Course 6 1 2 $111.50 $134.81 $163,44 5950 Babe Zaharias Imagination Station 8 1 2 $149.00 $179.74 $184.78 2925 Fannin Municipal Airport 6 1 1 $55.75 $70.95 $81.72 455 Keith Rd Municipal Court 10 1 2 $186.00 $224.68 $26870 700 Orleans VENDOR Republic Piney Woods `Waste Services Sanitation Management FACILITY SIZE(YD) QTY COLLECT MONTHLY MONTHLY MONTHLY PRICE PRICE PRICE North End Community Center 8 1 2 $149.00 $179.74 $184.78 3580 E. Lucas Parks Operation Center to 1 I $93.00 $118.25 $129.90 1370 Laugham Police Station 8 1 3 $223.50 $274.34 $277.12 255 College St. Police Family Violence 2 1 I $18.60 $5 L60 $48.95 790 Orleans Police Narcolics/SSD 8 1 I $74.50 $94.60 $92.39 5250 WashingtonBlvd Praia Activity Center 10 1 2 $186.00 $224.68 $268.70 2855 Magnolia Public Health Department 10 1 2 $224.68 $268,70 3040 College St. $186.00 Rogers Park 8 1 4 $299.00 $368.94 $312.10 1455 Dawlcn Rd. Sign Shop 8 2 1 $189.20 $184.78 2610 Concord $149.00 Sprott Park 8 1 2 $149.00 $179.74 $184.78 4325 Os. St. Tennis Center 6 1 I $55.75 $70.95 $BL72 6455 W. College St Tyrrell Park Garden Center 10 2 2 S372.00 $449.36 $537.40 5305 Tyrrell Park Rd. Tyrrell Park Tree Farm 8 1 2 $149.00 $179.74 $18478 5305 Tyrrell Park Rd. Water Production 10 1 1 $93.00 $118.25 $129.90 1550 Pine Water Utilities 8 1 2 $149.00 $179.74 $184.78 1350 Tough. Container Type (As Needed) Typical Placement Typical Qty Typical Container Price Per Price Per Price Per Cubic Yards Per Location Collection Service Service Service Roll OH Container 20 1 1 $200.00 $300.00 $429.68 Roll Off Container 30 1 1 $275,00 $350.00 $525.63 Roll Off Container 40 1 1 $350.00 S400.00 $513.13 Low Qualified Bidder as hilighted above is Republic Services Denotes non -responsive bidder RESOLUTION NO. WHEREAS, bids were solicited for an annual contract, with the option to renew for two (2) additional twelve (12) month terms at the same pricing as the awarded contract, for container and solid waste collections; and, WHEREAS, Republic Services, of Beaumont, Texas, submitted a bid in the estimated annual amount of $79,930.20, and, WHEREAS, City Council is of the opinion that the bid submitted by Republic Services is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Republic Services, of Beaumont, Texas, for an annual contract, with the option to renew for two (2) additional twelve (12) month terms at the same pricing as the awarded contract, in the estimated annual amount of $79,930.20 for container and solid waste collections at thirty-eight (38) City facilities be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute a contract with Republic Services, of Beaumont, Texas, in the estimated annual amount of $79.930.20 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 16th day of March, 2021. - Mayor Becky Ames - u * \ l TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution approving a contract for Architectural Services for the Municipal Court Third Floor Build -out. BACKGROUND A request for qualifications was solicited for Architectural Services for the build -out of the third floor and one elevator rehabilitation at Municipal Court. Solicitations were sent to nine Architectural firms and five responses were received. Responses were evaluated by a panel of City employees. The Labiche Architectural Firm of Beaumont was selected by the panel. Criteria scores are provided. A fixed fee proposal for the Architectural Services was received from The Labiche Architectural Firm in the amount of $65,000. This fee will include schematic design and final drawing preparation, construction documents, assistance with the bidding phase, and construction observation. The project will provide additional space for the Police Department and Emergency Operations Center, with several offices, conference rooms and a large meeting room for training purposes, as well as the rehabilitation of one existing elevator. The additional passenger elevator will relieve the overcrowding and long waits during large meeting events and provide a backup elevator in the event one elevator breaks down. The current elevator receives heavy use during disaster events. This project is 75% funded by the 2020 Port Security Grant Program which was approved by Council on April 7, 2020 in Resolution 420-078 with the remaining 25% funding to be paid out of the Capital Reserve fund. FUNDING SOURCE Capital Reserve fund. RECOMMENDATION Approval of the resolution. The LaBiche ARCHITECTURAL GROUP, INC. Dohn H. LaBiche, FAIA Principal March 5, 2021 Greg Wall, ALA Principal City of Beaumont 7999 Gladys, Suite 101 Keith Folsom, Dir. of Facilvies Beaumont, Texas 77706 801 Main St. (409)860-0197 Fax: (409)860-0198 Beaumont, Texas 77701 www.labichcvo a Project: Renovations to 3"i Floor Municipal court Building Re: Revised proposal for Architectural Services ARCHITECTURE Dear Mr. Folsom, PROJECT CONSULTING We appreciate the opportunity to submit this proposal for Architectural Sentices for the referenced project for your approval.'Fhe LaBiche Architectural Group, Inc. (hereinafter "Architect) shall provide to the City PLANNING of Beaumont (hereinafter "Client') the services described below for the compensation described below. This proposal is based upon our experience INTERIOR DESIGN with similar projects and our site visit on Wednesday, February 24, 2021 and our budget meeting this morning. PROJECTINFORMATION: The project, as we understand it, is as follows: A budd-out of l 1, 252 SF for use by the Beaumont Police Department including administrative and officer offices, common areas, Conference rooms, classrooms and renovations to one existing elevator. This scope of work describes design services to be provided the Architect It defines the effort required to provide architectural services for the project referenced above. Upon receiving notice to proceed and Client supplied information, Architect shall perform the following tasks: Schematic Design 1. Provide architectural services for Schematic Design Phase Services for project as outlined in AIA Document B101 -2017, Article 3, Scope of Architect's Basic Services, Paragraph 3.2, Items 3.2.1 thin 3.2.5 and 3.2.7. 1 of 4 Proposal for Architectural Services City of Beaumont, 3N Floor Municipal Court Building 2. Final Schematic Design documents shall include: Floor Plan representing the design. 3. One (1) workshop meeting with Client to introduce and discuss the Schematic Design - Floor Plan. 4. Provide a probable Cost Statement for Client review. Construction Documents 1. Provide architectural services for Construction Documents Phase Services for project as outlined in AIA Document B101 - 2017, Article 3, Scope of Architect's Basic Services, Paragraph 3.4, Items 3.4.1 and 3.4.4. Bidding 1. Provide architectural services for Procurement Phase Services for project as outlined in AIA Document B101 - 2017, Article 3, Scope of Architect's Basic Services, Paragraph 3.5, Items 3.5.1 and 3.5.3. Construction Observation 1. Provide architectural services for Construction Phase Services for project as outlined in AIA Document B101 - 2017, Article 3, Scope of Architect's Basic Services, Paragraph 3.6 Design Development Phase Services, Items 3.6.1 and 3.6.6. Form and format ARCHITECT hereby agrees to produce instruments of service in the following form or format: 1. AutoCAD 2021 for drawings. 2. Microsoft Word 2016 for word processing. 3. Microsoft Card 2016 for spreadsheets COMPENSATION: The scope of work outlined above will be performed at a fixed fee of Sixty -Five Thousand Dollars (565,000.00). From our meeting this morning it is our understanding the following: o Total budget including fees $660,000 o Cost of elevator repairs 5285,000 o ADA review S 1,100 o Architect/Engineering Fees S 65,000 o Total Construction Budget remaining $308,900 11 Structural engineering is not included. ❑ Additional Services requested by Client will be charged hourly per the fee schedule attached. ❑ Reimbursable expenses shall include all printing required for the project. Other expenses shall be approved by Client prior to expenditures. Cost of reimbursable expenses shall be billed at 1.25 times the expenditure. ❑ Exclusions: 1. Detailed Construction Cost projections & ADA review costs. 2. Any services related to the Client's due diligence including, but not limited to: obtaining letters of environmental assessments. 2 of 4 Proposal for Architectural Services City of Beaumont, 3rd Floor Municipal Court Bw1ding We have assembled this proposal based on our understanding of your specific needs related to this project If you are in agreement with the terms and qualifications of this proposal, please sign one copy and return to us. Upon receipt we will issue a contract written on ALA Document B 101 — 2017 for your review and approval. Should you have questions, please phone so that we can discuss. We are extremely interested in working with you on this project and look forward to hearing back from you. Respe ctfully, Dohn H. LaBiche, FAIR 3 of 4 Proposal for Arclutcctural Services City of Beaumont, 3r+ Floor Municipal Court Budding HOURLY RATE SCHEDULE PERSONNEL Principal Senior Project Architect Project Architect Intern Architect II Intern Architect I Secretarial HOURLY RATE' 150.00 125.00 100.00 85.00 75.00 45.00 'The rates for services of the Architect as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. The Texas Board of Amhitectural Examiners has junsdiction over complaints re9artling the professional practices ofpersons registered as amhilects m Texas. Texas Board of Architectural Examiners P.O. Box 12337 Austin, i 78711-2337 Telephone: (512) 30G9000/Fax: (512) 305-8900 4 of 4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Architectural Services Agreement with Labiche Architectural Firm, of Beaumont, Texas, in the amount of $65,000.00 for architectural services related to the Municipal Court Third Floor Build - Out Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of March, 2021. - Mayor Becky Ames - PC BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneanx, Chief Financial Officer MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of a Medium Force Pipe Fusion Unit for use in the Water Distribution Division. BACKGROUND A 2021 McElroy Medium Force Pipe Fusion Unit will be purchased from Wolseley Industrial Group, of Beaumont in the amount of $57,382.39. The fusion unit is used to join two pieces of pipe together, resulting in a stronger, continuous pipe system for water distribution operations. The new fusion unit will replace unit 9255, a 2010 McElroy 28 Mediuim Force Pipe Fusion Unit, which has exceeded its expected service life. The existing unit will be disposed of according to the City's surplus property policy. Bids were requested from six vendors with four responses. The bid from Core & Main and the bid from Secor were considered non -responsive since they did not meet manufacturer pricing standards. The bid table is attached. A warranty of five years is provided and will be serviced by Wolseley. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for the purchase of a 2021 McElroy Trackstar 412 Series 2 Medium Force Pipe Fusion Unit for use by the Water Distribution Department; and, WHEREAS, Wolseley Industrial Group, of Beaumont, Texas, submitted a bid in the amount of $57,382.39, as shown on Exhibit "A," attached hereto, and, WHEREAS, City Council is of the opinion that the bid submitted by Wolseley Industrial Group, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the bid submitted by Wolseley Industrial Group, of Beaumont, Texas, forthe purchase of a 2021 McElroy Trackstar 412 Series 2 Medium Force Pipe Fusion Unit for use by the Water Distribution Department, in the amount of $57,382.39, as shown on Exhibit 'A" attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Wolseley Industrial Group 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 16th day of March, 2021. - Mayor Becky Ames - — 03a�a 3 'yi O 33 os 3 pp yy _ MI 3 3 3 F ay m a y C to x I EXHIBIT "A" E BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the reimbursement of funds to Drainage District No. 6 (DD6) related to the Fleetwood Detention Pond Project. BACKGROUND As part of the Fleetwood Detention Pond Project, Drainage District No. 6 is improving the ditch that runs the length of the City's laydown yard on Municipal Drive. DD6 will be performing all of the construction work and is asking the City to reimburse them for the cost of the 60" pipe that will be installed in place of the existing ditch in the amount of $52,500. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, as part of the Fleetwood Detention Pond Project, Jefferson County Drainage District No. 6 (DD6) is improving the ditch that runs the length of the City's laydown yard on Municipal Drive; and, WHEREAS, DD6 will perform all of the construction work and is requesting the City reimburse them in the amount of $52,500.00 for the cost of the 60" pipe that will be installed in place of the existing ditch; 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 issue payment in the amount of $52,500.00 to Jefferson County Drainage District No. 6 for reimbursement of the cost of a 60" pipe to be installed along Municipal Drive as part of the Jefferson County Fleetwood Detention Pond Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of March, 2021. - Mayor Becky Ames - F BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works/Technology Services MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the execution of a Utility Crossing Agreement with Coastal Caverns, Inc. BACKGROUND Coastal Caverns, Inc. has requested permission to install a 4" carbon steel pipeline to transport helium gas. This pipeline will cross City infrastructure outside the city limits of Beaumont. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Utility Crossing Agreement to Coastal Caverns, Inc., substantially in the form attached hereto as Exhibit "A," to install a four inch (4") carbon steel pipeline which is intended to transport helium gas. This pipeline will cross City infrastructure outside the city limits of Beaumont. Said pipeline is to be constructed in compliance with City requirements. 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 16th day of March, 2021. Mayor Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name:c--%l Cavema, Inc. Business Phone:(713) 614-n84 Business Address: 6045 Highland Avenue ATFN: David Saindon, Beaumont Is 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $635.00(for the 4-inch helium gas pipeline crossing 12"and 16" sewer lines and 20" water line) hereby grants to coastal C..ema, me. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra - Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Leneth (Linear Foot) of Crossing W of SH 93 - 12" FM 99 Utility Line (Sewer) and 16" FM 02 Utility Line (Sewer) (30' ROW) At SH 93 - 20" DI'90 Ufility Line (Water) (30' ROW) I EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. • All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. • The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be back£lled according to City standards. • Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. • Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. • Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. Installation will be done in accordance with all City standards and statutes of the State of Texas. REOUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination Tltis agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to die other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Coastal Caverns, Inc. P.O. Box 3827 Beaumont, Texas 77704 6045 Highlands Avenue, ATTN: David Saindon Attn: City Manager Beaumont, Texas 77705 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this _ day of A.D. 20_ CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, inc. Represented by: Title David C� inen allkltCer-- ATTEST: Secretary JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 GRAPHIC SCALE 2000' 1000' 0 2000, 4000' COASTAL CAVERNS INC. CITY OF BEAUMONT CROSSINGS JEFFERSON COUNTY, TEXAS z _ Morris P. Hebert, Inc. u SURVEYING • ENGINEERING • ENVIRONMENTAL • GIS O 1 1HW REEW Y'SVITE BLI'HOVSTON, TEXAS )]Q]4.O13I 11 -14] TEXAS SURVt1' FlRM R SUSTRATION NUMBER 10 42100IHOB.N °dN"FFICEI XAS ENGINEERING F RM REGISTRATION NUM6ER F0039 HOVSTON OFF OE DRAWN BY: JIG SHEET: 1 OF 4 CHKD./APPD. BY: — SCALE: AS INDICATED UPDATED BY: DATE: 12/10/2020 DATA BASE: ------ JOB NO. 13931 MPH CAD FILE: 13931-4001.dwg JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 1+W W *y EI£CjQIC CABI£ (pYttOk R4 Eb HOPE BAIIFE PTL� EC EC EC EL EC `_ LT PROP. a C01 PA C1RIC E — EC — EC EC EC ECp RO%. LO HC RRINE P%Lf CL<pD � 1 COMPANY AMNM TM..Y.- 10 MiFlO W1FID '� C 4 a � a � - 3 + n 30 30 5 ar. 10 'KAi. OROM . . 51K GA . 'MT. OIIDIIO 10 0 . �. .. p _10 .......... .� -10 -0. . . . . . . . . . . . . . . . . . . . . PROP. a CCI PA . . . . . -0 _0p _Op 0+00 O w 1+00 1+'J0 2+00 2+W 3H00 PROFILE GRAPHIC SCALE eUe LNG Fl�M N0.^70142100 50' 25' 0 50' COASTAL CAVERNS INC. 12" FM 99 UTILITY LINE & 16" FM 02 UTILITY LINE CROSSINGS JEFFERSON COUNTY. TEXAS DRAWN EM. JG SHEEP: 2 OF 4 CHKO./APPD. BY: - SCALE: AS INDICATED UPDATED BY: DATE: 12/10/2020 DATA BASE ------ JOB NO. 13931 MPH CAD FILE 13931-4002.dwg JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 4 PgNT OF BEGINING PROP. a HEOUM I = I •DF TERMINUS I N:13951369.64 I:N:13951435.94 E:3sz355zas GAS PIPELINE I E"31339B4.q) UT: N3091'14.4Y low aIDGE OE o I CLAY: N30V1'15.05• LONC: W94V5'D1J3• I I 1� o)NCNEIE o I PONT'LONG: W94VTCO.32•I li 0+00 1 00 � 2+00 221 ]' TO H00 ENTRY/ EXIT 3+00 x4 +100' TO HDD ENIRY/E%IT I GOLDEN TRIANGLE BRINE P/L 11 9 19 r 27. I I .Iw ONL. p j SAFETY ENDI—AI' o REATAENT E%IST, CCI 50 ESH'i _ ~J.I U p_ R Ip_ DRIVEGNA-L w I 30• R.C.P. o PLAN cJLVERT yo - O � a � POD Pip U �o w U E MIMIDLYN_114 COASTAL CAVERNS INC. PLAN & PROFILE PROPOSED 4—INCH CCI PIPELINE 20" DI'90 UTILITY LINE CROSSING JEFFERSON COUNTY, TEXAS P. Hebert, Inc. DRAWN BY: NM SHEET: 3 OF 4 CHND./APPD. BY: AD SCALE: AS SHOWN UPDATED BY: DATE: 12/10/2020 DATA BASE: JOB N0, 13931 MPH CAD FILE: 13931-4003 PLAN & PROFILE —REV 1.DWG 1.0 GENERAL INFORMATION 1.1 APPNCANT/OWNER: COAIIAL CAVERNS, INC. ADDRESS: 6C45 HIGHUMND AVE. BEAUMONT, TX n70 1.2 PIPELINE NAME: 4-INCH CCI PIPELINE 1.3 PRODUCT: HEUUM 1.4 CONSIRUCTON ACiNIiIES ARE SCHEDULED TO BE PERFORMED. In QUARTER 2021. 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPEUNE MUST MEET CM TRUE 49 CM PART 192 - TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPEUNE, TEXAS ADMINISIRATNE CODE (TAC) TRUE 16. CHAPTER B, AND ASME 831.8-PIPELINE TRANSPORTATION SYSTEMS FOR NATURAL AND OTHER GAS PRODUCTS. 2.2 OPERRING PRESSURE, 2750 PSIG (MAXIMUM OPERATING PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: 3,158 PSIG (MINIMUM) 2.4 DESIGN FACTOR: 0.80 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DNMETFR:4.500- 3.2 WA THICKNESS: 0.237' 3.3 PIPE SPECIFICATION: API 5L 3.4 SPECIFICATION MINIMUM WILD STRENGTH: 52.000 3.5 MATERIAL CARRON STEEL 3.6 PROCESS OF M4NFALNRE ERW 3.2 EUOERIOR COATING. 14-16 MIUS FEE + 18-20 MILS AM COMING 4.0 CATHODIC PROTECTION 4.1 IMPRESSED CURRENT OR ANODE BEDS 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INMAL EO BY CONVENTONAL UY k HORIZONTAL DIRECIONAL DRILL ME010D FIRM NO. 10142100 FIRM NO. F-8039 COASTAL CAVERNS INC. PIPELINE CITY OF BEAUMONT CROSSINGS JEFFERSON COUNTY, TEXAS Morris P. Hebert, Inc. SURVEYING • ENGMEERING •ENV/FONMENIAL • GIs 0 ' TEXASRSURVEY FIRM REQTSTNRTIONGNUMBER NI101421.O',TX(MHOV9TON OFFICE, TEAS EN NEER NG FIRM REGIS1RPTgN NVMBER'. XOVS NOFFICE DRAWN BY: JG SHEET: 4 OF 4 CHKD./APPD. BY: - SCALE: AS INDICATED UPDATED BY: DATE: 12/10/2020 DATA BASE: ------ JOB NO. 13931 MPH CAD HE: 13931-4004 AeCW?b• CERTIFICATE OF LIABILITY INSURANCE L� a/vzov °ATE(MMI' zt 3/t/zo21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREFUS), AUTHORREO REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If certficate holder is an ADDITIONAL INSURED, the pollcyges) must have ADDITIONAL INSURED provisions or 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 certi osts holder In lieu Of such eadorsentimms). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77D42 f C No evil FALL uLL xa: EMAIL MAUL ADDRESS: INSER900a AFFORDING C INSURERA: Everest Indemnity Insurance Company 10851 INSURED Costal Caverns, Inc 1489653 919 MIlam Street, Suite 2425 Houston TX 77002 INSURERBI Endurance American Insumbee Company, 10641 INSURER c: westchaster Su WE Lines Insurance Co 10172 INSURERD' INSURER E: HB PER F: COVFRAGFS CERTIFICATE NUMBER: 17393977 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MY HAVE BEEN REDUCED BY PAID CLAIMS. ideal ILLSA TYPE OF INSURANCE AH at SUER AND!POLICY NUMBER II IOY Err MMILDILOYEXP LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMSMME�OCCUR Y y EN4ML002R1-20I 4/10/2020 II/LCO21 EACH OCCURRENCE 1,000,000 PREMISES Ea occunen¢ 100000 MIND Far M one person,XXXXXXX PERSONAL SADV NJURY S 1000 000 GEN' L AGGREGATE LIMIT APPLIES PER: �LOU POLICY' OTHER: GENERAL AGGREGATE a2000000 PRODUCTS-COMPEPAGG a2000OOO S AUTOMOBILE LIABILITY A -AUTO OWNEDIITNLY AICROSULED NEED NON -OWNED AUTOS ONLY AUTOS ONLY NOT APPLICABLE EOMBII SranINGLE LIMIT EXiXXX�XXX BODILY INJURY (Per pereon) E Y})CX 'j�]' { BODILY INJURY (Per a¢ibenl E XXXXXXX ROPERTY pAMFGE Pera¢IOenl SXXXJiXiiJ{ E B C X UMBRELLALIAR LWB X ODOUR CtAIMBAMDE Y Y EXC30000309003 021$I1649002 1 4/I00020 4/I0=20 ll/V202I 11/1/2021 EACH OCCURRENCE E 10000000 XEXCESS AGGREGATE E 10000000 RED RETENTIONS E XXXXXXX WORRERBCOMPENSATION AND EMPLOYERS' LIARILmY YIN :loGrae.yeamoL num EC IMrnanmyin XXl iIVE IF oLSCmIMP M CMCIIPEMRONa lteiw NIA NOT APPLICABLE STATUTE OER S XXXXiiXX EL DISEASE - EN EMPLIFEEE XXXXXXX E L XCI PCIPYUNT XXXXXXX DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Abtlltlonal Remmks Schedule, may be attached It more space Is required) 17393977 City of Beaumont ATTN: City Manager PO Box 3827 Beaumont TX 77704 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The ACORD name and logo are registered marks of ACORD CONTINOAIFON DESCRIPTION OF OPEM ION&LOCATIONSNERICLECIE CLUSIONS ADDED BY ENDORSEMENT/SPECWL PROVISIONS (D- only N more...[, le repNretl) All policies include a blanket automatic additional insured [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. All policies contain a special endorsement with "primary and noncontributory" wording. ACORD 25(2016103) Cemfieate FlolderD 17393977 G BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Tideland Specialty, Ltd. has agreed to convey a 19114.128 square foot ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.4388 acre tract of land situated in the Noah Tevis League, Abstract No. 52, City of Beaumont, Jefferson County, Texas. The easement is for the construction of anew warehouse located at 155 South MLK Parkway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Tideland Specialty, Ltd. has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.4388 acre tract of land situated in the Noah Tevis League, Abstract No. 52, 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 a new warehouse located at 155 South MILK Parkway; 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 ten foot "10') wide exclusive water line easement, said easement being a 0.4388 acre tract of land situated in the Noah Tevis League, Abstract No. 52, 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 16th day of March. 2021. - Mayor Becky Ames - STATE OF TEXAS COUNTY OFJEFFERSON KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, TIDELAND SPECIALTY, LTD., 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 "I" 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 , 2021. GRANTOR: TIDELAND SPECIALTY, LTD., a Texas limited partnership By: CG Tideland, L.L.C., a Texas limited liability company, General partner W Charles J. Giglio, (HTFENTIONAL LY LEFT BLANK} ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OFJEFFERSON This instrument was acknowledged before me, the undersigned authority on this day of , 2021, by Charles J. Giglio, President of CG Tideland, L.L.C., a Texas limited liability company, on behalf of said limited liability company, general partner on behalf of Tideland Specialty, Ltd., a Texas limited partnership. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 10 Feet Wide Water Line Easement Noah Tevis League, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a 0.4388 acre 10 feet wide water line easement situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being out of and part of that certain called 5.804 acre tract of land as described in a deed from Southern Pacific Transportation Company to Tideland Specialty as recorded in Volume 2039, Page 43, Deed Records, Jefferson County, Texas and being all of that certain called 0.389 acre tract of land as described in a deed from Southern Pacific Transportation Company to Tideland Specialty as recorded in Volume 2106, Page 244, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 11.4488 acre tract of land as described in a"Special Warranty Deed" from Union Pacific Railroad Company to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas, said 0.4388 acre easement being more particularly described as follows: NOTE: All bearings are referenced to the Northerly line of the said 11.4488 acre Tideland Specialty, Ltd. as NORTH 71 °3221" EAST as recorded in the above referenced Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas. COMNIENCING at a 1/2" iron rod found for an exterior ell corner of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract, said comer also being the Northwesterly comer of that certain called 1.125 acre tract of land as described in a "Special Warranty Deed" from Tamr Properties, L.L.C. to the City of Beaumont as recorded in Clerk's File No. 2012038144, Official Public Records of Real Property; Jefferson County, Texas and being in the Southerly right-of- way line of a 30 foot wide dedicated roadway; THENCE SOUTH 71 °32'21" WEST, along and with the boundary between the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and the Southerly right-of- way line of a 30 foot wide dedicated roadway, for a distance of 47.30 feet to the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 19051'00" EAST, over and across the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract, for a distance of 17.01 feet to a point for comer; THENCE NORTH 71 °32'25" EAST, for a distance of 35.24 feet to a point for comer; THENCE NORTH 19004'50" WEST, for a distance of 4.72 feet to a point for comer; THENCE NORTH 70055'10" EAST, for a distance of 10.00 feet to a point for comer; THENCE SOUTH 19004'50" EAST, for a distance of 456. 10 feet to a point for corner; EXHIBIT "A" THENCE SOUTH 01 °06'39" WEST, for a distance of 16.04 feet to a point for corner; THENCE SOUTH 57035'50" WEST, for a distance of 365.41 feet to a point for corner; THENCE NORTH 77042'48" WEST, for a distance of 30.18 feet to a point for corner; THENCE SOUTH 57027'53" WEST, for a distance of 43.99 feet to a point for comer; THENCE SOUTH 13021'33" EAST, for a distance of 22.38 feet to a point for comer; THENCE SOUTH 57040'52" WEST, for a distance of 10.57 feet to a point for comer; THENCE NORTH 13021'33" WEST, for a distance of 22.34 feet to a point for corner; THENCE SOUTH 57027'53" WEST, for a distance of 253.43 feet to a point for comer; THENCE NORTH 32042'47" WEST, for a distance of 39.32 feet to a point for corner; THENCE NORTH 57017'13" EAST, for a distance of 10.00 feet to a point for comer; THENCE SOUTH 32042'47" EAST, for a distance of 29.35 feet to a point for comer; THENCE NORTH 57027'53" EAST, for a distance of 256.58 feet to a point for comer; THENCE NORTH 32031'19" WEST, for a distance of 7.92 feet to a point for comer; THENCE SOUTH 70043'31" WEST, for a distance of 21.38 feet to a point for comer; THENCE NORTH 19016'29" WEST, for a distance of 10.00 feet to a point for comer; THENCE NORTH 70043'31" EAST, for a distance of 29.29 feet to a point for comer; THENCE SOUTH 32031'19" EAST, for a distance of 15.83 feet to a point for comer; THENCE NORTH 57027'53" EAST, for a distance of 35.57 feet to a point for comer; THENCE SOUTH 77042'48" EAST, for a distance of 30.19 feet to a point for comer; THENCE NORTH 57035'50" EAST, for a distance of 355.93 feet to a point for corner; THENCE NORTH 01 °06'39" EAST, for a distance of 8.88 feet to a point for comer; THENCE NORTH 19004'50" WEST, for a distance of 439.60 feet to a point for corner; THENCE SOUTH 71 °32'25" WEST, for a distance of 580.38 feet to a point for comer; EXHIBIT "A" THENCE SOUTH 81029'37" WEST, for a distance of 57.66 feet to a point for comer; THENCE NORTH 08030'23" WEST, for a distance of 10.00 feet to a point for comer; THENCE NORTH 81 °29'37" EAST, for a distance of 56.79 feet to a point for comer; THENCE NORTH 71 °32'25" EAST, for a distance of 534.16 feet to a point for comer; THENCE NORTH 19051'00" WEST, for a distance of 17.01 feet to a point for corner, said comer being in the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and the Southerly right-of-way line of a 30 foot wide dedicated roadway; THENCE NORTH 71 °32'21" EAST, along and with the boundary between the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and the Southerly right-of- way line of a 30 foot wide dedicated roadway, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.4388 Acres, more or less. Surveyed on February 1, 2021. This legal description is being submitted along with a plat based on this survey (se =BIT "B"). F i(y Thomas S. owe, RPLS No. 5728 """THOM_A_S B. R19NE� "<y 5728 p Texas Surveying Firm No. 10106700 'r°Fea. 0 ~ 7qN Nell O W 1]O31�RIC6]LL' Id9m@b d— EXHBIT "A" Paee 3 of __— MARK W. WHITELEY A A OM TES. LNC r w r o p \am,„a\,�\N=orc~momCO y$ �u 9g? G ma FrQ Z K �rz ¢ 5µy 5�� yyyyppyy 55 v 3 W ze L �dU "" w b ILL ~ W IN}H C. W z w z >m w w .+ di` o w�< W O mU X. oo wu .. i-wo y yy6 �a I�G3x �'r Uv'N3q"�� wao Swan c3 p.eyAl � a. 4J n8 .OSL=..L 3ltl�S 5 DT a j O4Lot LDT LOT LDT Lot i V O1WG CALC REFERENCE Br�CAARLL' PER �F N0. 2002pp46131, OPRJC (CALL NO6'37'18'W 36.87') (t;nLL N71'3221"E 975.14) SOUTN S7TiEET FIND N09'21.00'W 36.62"� CORNER mn N]1.39'9t'F 875 9Y 1 JIFND 2° . UO -- L� PIPE 7FMD ACRE REMAINDER OF 10' WIDE WIDE WATER END 11.4488 ACRES r LINE EASEMENT TIDELAND SPECIALTY, LTD. OF NO. 2002046131 OPRJC I SI END 5/B"' I. ROD W/CAP STAMPED M.W. WHITELEY & �M w PPSSOCIATES" ° CALLED 0.389 ACRES HI TIDELAND SPECIALTY \ 1 VOL 2106 PG 244 FND. SCRIBED 'X" IN CONC. �i CALLED 5.804 ACRES Noi TIDELAND SPECIALTY VOL. 2039, PG. 43, DRJC P Tya PTp yn m o �9L Jet➢ ON END 0.4388 ACRE a WIDE 10" WIDE WATER vi LINE EASEMENT J 11 \ \ \ s E DRJC \ \ 1 END 5/8' I. ROD \ W/CAP STAMPED \1I 'M.W. WHITELEY & ASSOCIATES' Im / L23/ / j ^ L4fi 9 \0 0 ._ c4941 9 FND 1/2 I. ROD 1 \ \ CURVE RADIUS MC LENGTH CNORD IENGRI CHORD BEARING DELTA ANG1 ENE C1 455.00 2B9.83' 284.95 909'1] 4) E 36'29'48 CA11 01 45s.00' a .54' 2BS.6J 611'39'14'E MD C2 459d1' 320.81 321.B4' N21'01'44'W 41.01 dr CAL C2 499.D1 316.]}' - - 4D'25'W' C3 459.31' 165.41 162.54' N}p20 46 20.22'S9' C4 459.J1' 165.4t 164.52 N1P6015T1 2P3B'01 EXHIBIT "B" REFER TO EXHIBIT '"A" FOR LEGAL DESCRIPTION EXHIBIT OF 10 FEET WIDE WATERLINE EASEMENT NOAH TEVIS LEAGUE ABSTRACT NO. 52 BEAUMONT JEFFERSON COUNTY, TEXAS TLOT\� 2 p p3 \OS J P B CALLED 0.264 ACRE N P C CITY OF BEAUMONT p 1 FND 1/2" (MAGNOLIA R.O.W.) F — — — — OF ND. 20D9044503 w . ROD ' SOUTH STREET l] 30' DEDICATED ROADWAY DPRJC / Q �3 CALLED 1.125 ACRE / / y I— LA^ CITY OF BEAUMONT ' OF NO. 201203B144 / OPRJC / RN FWD 5/8" I. ROD FND ACRE PIP ON W/CAP STAMPED WIDE / ' 10' WIDE WATER "' PROPERTY "M.W. WHITELEY LINE EASEMENT LINE / ASSOC TES" FND FND N71'3313 E 316.68 / 1/2' (CALL N69'07'36"E 316.72') / III ROD Ir w Iy REMAINDER OFFND / UO CALLED 0.456 ACRE TIDELAND i SPECIALTY, .4488 ELTD. I / . CITY OF BEAUMONT OF NO. 2002046131 / F/ (MAGNOLIA R.O.W.) i OPRJC / OF NO. 2009034437 OPRJC / SET 5/8" i I. ROD 1 i g3459 474`0 1� � FNO 55g to 2 n `1 t�ON IN �a OOP ' P6\ EXHIBIT OF 10 FEET WIDE WATERLINE EASEMENT NOAH TEVIS LEAGUE ABSTRACT NO. 52 BEAUMONT JEFFERSON COUNTY, TEXAS EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION BEAUM©NT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MARCH 16, 2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS L Consider a resolution authorizing the City Manager to award a contract to BDS Constructors LLC dba MK Constructors, of Vidor, for the Loeb Groundwater Facility Chemical Improvements 2. Consider a resolution authorizing the City Manager to award a contract to Shaver Construction & Contracting Services LLC, DBA Silverback Services, of Jasper, for the Beaumont Water Treatment Plant 92-inch Emergency Repair 3. Consider a resolution approving a proposal submitted by Gulf Coast Electric Co., Inc. to remove and dispose of the 12 Held lights and poles located at Complex No. 4 at the Athletic Complex 4. Consider a resolution authorizing the City Manager to enter into a contract with The Brandon Johnson -Believe and Achieve Foundation for HOME Investments Partnerships funds from the Department of Housing and Urban Development PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan COMMENTS 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 Joseph Jackson, Toyesha Livings and Ashley Phillips Michael D. Getz vs. The City of Beaumont 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. 11 March 16, 2021 Consider a resolution authorizing the City Manager to award a contract to BDS Constructors LLC dba MK Constructors, of Vidor, for the Loeb Groundwater Facility Chemical Improvements BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to BDS Constructors LLC dba MK Constructors, of Vidor, for the Loeb Groundwater Facility Chemical Improvements. BACKGROUND The City of Beaumont operates and maintains the Loeb Ground Water Treatment Plant. This project is to improve the water quality in the distribution system by installing a sodium hydroxide storage and dosage system as part of the treatment process at Loeb. It also includes the addition of a static mixer prior to the ground storage tanks. On February 11, 2021, three (3) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The bid total is indicated in the table below: Contractor Contractor Total Award Amount Location Preferred Industrial Contractors, Inc. Mont Belvieu, TX $436,329.00 BDS Constructors LLC dba MK Vidor, TX $645,000.00 Constructors ALLCO, LLC Beaumont, TX $704,342.00 Based on a review of all bids and required documents received, the apparent low bidder, Preferred Industrial Contractors, Inc., stated they wish to withdraw their bid. A bid bond was received for this bid. 'the Water Utilities Department agrees with Freese and Nichols, Inc., and recommends awarding the project to the second low bidder, BDS Constructors LLC dba MK Constructors, in the amount of $645,000.00. A total of 270 calendar days is allocated for the completion of this project. FUNDING SOURCE, Capital Program. RECOMMENDATION Approval of the resolution. Recommendation for Award of Contract Project Loeb Groundwater Facility Chemical Improvements — Bid No. WU0121-08 Project Number Owner City of Beaumont BMT20512 Project Description The Work for this project consists of a new sodium hydroxide storage and feed system, piping modifications including a static mixer and chemical injection, chemical metering pumps and piping, associated concrete containment structure, related electrical modifications including associated truck fill panel, chemical metering control panel, pH sensor, wiring, and conduit. Date Bids Received 2/11/2021 Bid Tabulation Attached? ® Yes ❑ No Recommended Offeror BDS Constructors FLC dba MK Constructors Recommended Amount of Contract Award $ 645,000.00 Project Budget $ 628,336.15 Contract Price within Available Funds? ® Yes ❑ No funding Source City of Beaumont Proposed Project Completion Date 270 days Contract Times meet Owner's Schedule? ® Yes ❑ No Comments Three (3) bids were received. Preferred Industrial Contractors MK Constructors Allco Engineer Estimate Mobilization $25,000 $32,250 $20,000 $19,921 Chemical Storage, Feed, and Injection System $323,473 $333,750 $444,342 $269,696 Electrical $87,856 $279,000 $240,000 $328,711 Recommended Total $436,329 645,000 $704,342 $628,337 Recommendation for Award of Contract Page 1 of 1 No Text Preferred Industrial Contractors Inc. March 10, 2021 City of Beaumont Tina Broussard, City Clerk Attn: Response for Bid for Loeb Groundwater Facility Chemical Improvements (N WU0121-08) 801 Main Street, Suite 125 Beaumont, TX 77701 Dear Ms. Broussard: I am writing in response to voice messages received from the City of Beaumont and its engineer related to bids for the referenced procurement for City Project # WU0121-08 (the Project). This will confirm that Preferred Industrial Contractors Inc. (PIC) inadvertently failed to include pricing for the SCADA Programming item in its Project bid. PIC considers this omission to be a material mistake in PIC's bid. We further understand that this mistake cannot be corrected because bids have been opened. PIC is therefore withdrawing its Project bid, which we also understand has now been rejected by the City. PIC has notified its bid bond surety of this withdrawal and rejection. Should there be any questions, please contact me as soon as possible. Otherwise, PIC looks forward to working again with the City in the future. Regards, Tom Rogers Project Manager P O BOX 1047 MONT BELVIEU TEXAS 77580 (281) 421-0474 Fax (281) 421-0007 www.preferredindustrialcontradorS.com RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Loeb Groundwater Facility Chemical Improvements Project; and, WHEREAS, BIDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, submitted a bid in the amount of $645,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by BIDS Constructors, LLC d/b/a/ MK Constructors, of Vidor, Texas, is the lowest responsible bidder providing services at 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 BIDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, in the amount of $645,000.00, for the Loeb Groundwater Facility Chemical Improvements Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with BIDS 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 16th day of March, 2021. - Mayor Becky Ames - 2 March 16, 2021 Consider a resolution authorizing the City Manager to award a contract to Shaver Construction & Contracting Services LLC, DBA Silverback Services, of Jasper, for the Beaumont Water Treatment Plant 72-inch Emergency Repair BEAUM©NT TEXAS TO: City Council FROM: Kyle I layes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Shaver Construction & Contracting Services LLC, DBA Silverback Services, of Jasper, for the Beaumont Water Treatment Plant 72-inch Emergency Repair. BACKGROUND The City of Beaumont operates and maintains a 72-inch water line at the Pine Street Surface Water Treatment Plant This project is to repair leaks on the 72-inch concrete pipe, relocate three chemical injection lines, and other minor improvements associated with the pipe repair. On February 25, 2021, one (1) bid was received for furnishing all labor, materials, equipment, and supplies for the project. The bid total is indicated in the table below: Contractor Contractor Location Total Award Amount Shaver Construction & Contracting Jasper, TX $549,490.00 Services LLC DBA Silverback Services Based on a review of the bid and required documents received, the Water Utilities Department agrees with Freese and Nichols, Inc., and recommends awarding the project to Shaver Construction & Contracting Services LLC, DBA Silverback Services, in the amount of $549,490.00. A total of 45 calendar days is allocated for the completion of this project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. Project Water Treatment Plant 72-Inch Emergency Repair — Bid No. WU0121-09 Project Number Owner City of Beaumont BMT20562 Project Description The project consists of repairing a leaking 72-Inch concrete pipe, relocation of 3 injection lines and 1 sampling line and installation of sample pump and sump pump and other minor improvements associated with pipe repair. Date Proposals Received Feb 25", 2021 Proposal Tabulation Attached? ® Yes ❑ No Recommended Offeror Silverback Services Recommended Amount of Contract Award $ 549,490.00 Project Budget $ 543,880.00 Contract Price within Available Funds? ® Yes ❑ No Funding Source City of Beaumont Proposed Project Completion Date 4/15/2021 Contract Times meet Owner's Schedule? ® Yes ❑ No Comments Explanation of Amount of Contract Award: Silverback Services Engineer Estimate Base Bid $447,930 $428,880 Extra Bid Items $101,560 $115,000 Recommended Total $549,490 $543,880 References provided by Offeror (Silverback Services) were checked and all of them are positive feedback. Review of the Bids received indicates that the offer of the Recommended Contractor provides the best value to the Owner. A review of the Recommended Contractor's Statement of qualifications and a check of the references provided indicates that the Recommended Contractor meets the qualification requirements specified in the Contract Documents and that Recommended Contractor's previous experience on similar projects has been acceptable. It is recommended that the Project be awarded to the Recommended Contractor in the amount of the Recommended Amount of Contract Award. Recommended by Carlos Quintero Title Sr. Project Manager Representing Freese and Nichols, Inc. Date 3/3/2021 Recommendation for Award of Contract Page 1 of 1 89 8 8 8 8 0 8 8 S a o z S�8 88 S 88 8 8 8 � S 8 ,4a a; zm � ILI 8 E E i y I ag 3� e_ 'EE c E fr FRS Ei E 'c cY t gB n gE C=vW :4F °�' {E ovm E a °o QE: pp 2 gEi_Co,s 8= o� 'E 'a 8 G€a8.^_c dad o 03 EEv'�8= .�: S C uc` .d.G y ccA>a 3 $$ E g$9aa Y a m Ev m'A 9 oE E or RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Beaumont Water Treatment Plant 72-Inch Emergency Repair Project; and, WHEREAS, Shaver Construction & Contracting Services, LLC d/b/a Silverback Services, of Jasper, Texas, submitted a bid in the amount of $549,490.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Shaver Construction & Contracting Services, LLC d/b/a Silverback Services, of Jasper, Texas, is the lowest responsible bidder providing services at 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 Shaver Construction & Contracting Services, LLC d/b/a Silverback Services, of Jasper, Texas, in the amount of $549,490.00, for the Beaumont Water Treatment Plant 72-Inch Emergency Repair Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Shaver Construction & Contracting Services, LLC d/b/a Silverback Services, of Jasper, 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 16th day of March, 2021. - Mayor Becky Ames - K March 16, 2021 Consider a resolution approving a proposal submitted by Gulf Coast Electric Co., Inc. to remove and dispose of the 12 field lights and poles located at Complex No. 4 at the Athletic Complex BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by Gulf Coast Electric Co., Inc. to remove and dispose of the 12 field lights and poles located at Complex No. 4 at the Athletic Complex. BACKGROUND Pricing was obtained from Gulf Coast Electric Company, Inc. utilizing the current Maintenance Contract they have with the City of Beaumont. The electrical contract allows Gulf Coast Electric Company, Inc., at the request ofthe Facilities Maintenance Department, to perform work on a time and material basis. The Electrical Maintenance Contract was approved by the City Council on September 10, 2019 by Resolution No. 19-187. The cost to remove and dispose ofthe twelve (12) light poles and fixtures as noted on the contractor's budget proposal, will be a not to exceed amount of $75,000. The existing light poles around the three softball fields at Complex No. 4 at the Athletic Complex have experienced severe oxidation issues at the base of the poles. One of the light poles has fallen and the remaining 11 light poles are experiencing the same oxidation issues at the base of each pole, therefore deeming these poles unsafe. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. �`i`- �+,,�,,.I. 9Zfaentia! uJ Coa t indust Commercial !� ��++,,,, Inc.nrlitstria! W.'r 1 T£L'L 18185 2005 Pecos @'fourth • *aumont, TeXas 77701 March 10, 2021 City of Beaumont 801 Main Street Beaumont, TX 77701 RE: Demo Sports Lighting We are submitting pricing to demo and dispose of existing sports light poles located at Complex 4 fields 1, K, and L, and cover foundation cavity with plywood secured with anchors. The price includes labor, mats, and equipment rental. The price excludes overtime, repairing of field turf, grass and landscaping. Cost not to exceed is based on maintenance contract rates. $ 75,000.00 The price is based on regular working hours of Monday through Friday from 7:003m to 3:30pm. If you have any questions or comments, please contact the office. Sincerely, Gulf Coast Electric Co., inc. Sidney L. Picard President Sip/jmh IGWT 409833-2828 • 'faX409833-4308 • wwwgulcaastdectric.com f�:63iA�1[i7�[�l WHEREAS, on September 10, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-187 for a contract with Gulf Coast Electric Company, Inc., of Beaumont, Texas, in an estimated amount of $218,600.00 for assorted electrical services at a fixed hourly rate and a fixed percentage markup of materials and equipment rental to maintain the City's electrical system; and, WHEREAS, the contract allows Gulf Coast Electric Company, Inc., of Beaumont, Texas, at the request of the Facilities Maintenance Department, to perform maintenance, repair, and equipment installation on a time and material basis as set forth in the contract; and WHEREAS, Gulf Coast Electric Company, Inc., of Beaumont, Texas, submitted a proposal in an amount up to $75,000.00 for the removal and disposal of twelve (12) field lights and poles at Complex No. 4 located at the Athletic Complex; and, WHEREAS, City Council is of the opinion that the proposal submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas 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 proposal submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas, in an amount up to $75,000.00 for the removal and disposal of twelve (12) field lights and poles at Complex No. 4 located at the Athletic Complex be accepted by the City of Beaumont; and, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of March, 2021. - Mayor Becky Ames - 11 March 16, 2021 Consider a resolution authorizing the City Manager to enter into a contract with The Brandon Johnson -Believe and Achieve Foundation for HOME Investments Partnerships funds from the Department of Housing and Urban Development BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager GS PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a contract with The Brandon Johnson -Believe and Achieve Foundation for HOME Investments Partnerships funds from the Department of Housing and Urban Development. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U.S. Department of Housing and Urban Development (HUD). Federal regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund allocation be contracted to Community Housing Development Organizations (CHDO's) for eligible CHDO activities. The Brandon Johnson Believe and Achieve Foundation, a newly -certified CHDO, is seeking to stabilize neighborhoods by providing homeownership opportunities for low to moderate income families. Believe and Achieve proposes to utilize $100,000 of HOME funds for the acquisition, rehabilitation and resale of homes that have been tagged for demolition. These homes will be repaired according to an approved work program and according to local building code requirements. In addition, Believe and Achieve intends to encourage potential buyers of the properties to apply for the HOME Down Payment Assistance Program to further reduce the housing costs for eligible low -to -moderate income families. Housing staff will be responsible for monitoring the grantee for HOME Program compliance. FUNDING SOURCE 2020 HOME Program. RECOMMENDATION Approval of the resolution. Proposal Organization Name: Brandon Johnson -Believe and Achieve Foundation Proposed by: Brandon Johnson Founder/CEO Brief History: Overthe last 6 years the Brandon Johnson -Believe and Achieve Foundation has served the community in many aspects. We've hosted community events, such as, back to school drive. Our back to school drive partners with Ross stores to provide school shoes and uniforms. At this annual event, we provide backpacks, school supplies and provide free hair grooming for local students.. The organization also sponsors an annual Easter egg hunt and provides meals forfamilies during Thanksgiving and Christmas. We also distribute toys to low income families through our annual Christmas toy drive.. Objective: After Hurricane Harvey the need for housing is at an all time high.. According to the Beaumont Housing Authority there is approximately 1,732 families in the voucher program just within the city and only about 500 active landlords accepting tenants. The public housing waiting list in September of 2017 right before the storm was 2,910 and post storm it's now 7,936. This is a 172 percent increase in applicants. The Section 8 waiting list has been closed since 2016 due to lack of funding; yet more than 5,000 people applied last year.. After Harvey, the City's estimate of damage was 2,252 buildings damaged with estimated $207 million in damages. There are currently approximately 75 homes tagged for demolition within the City. The estimated cost per house is roughly $5,000 each. These are only the hurricane Harvey homes. The City of Beaumont has over 300 red tagged properties. Tearing down these homes creates a tax burden on citizens and adds to the growing housing shortage within the City. Our proposal is to assist with the housing development in Beaumont, by partnering with the US Department of Housing and Urban Development (HUD) to take part in their HOME program. This program provides funds to purchase foreclosed, vacant, or abandoned homes and residential properties in order to rehabilitate, resell, or redevelop them, which will stabilize neighborhoods and stem the decline of property values in communities impacted by the housing crisis. The City of Beaumont received a grant in 2019 for the amount of $320,271 for the HOME program to be used to purchase, rehabilitate, sell, and rent affordable housing to low income citizens. My agencyworks in conjunction with Lucille Homes and Remodeling has remodeled a multitude of homes in our Golden Triangle and surrounding areas in an effort to bring beauty to the current less than desirable neighborhoods in Beaumont. We are looking to also partner with Prominent Home Builders (consultants on new construction). Both companies are locally owned and operated, bonded and insured, with years of experience and are willing to provide pictures and other needed documents of their work while meeting all HOME guidelines. Realty Depot of Texas is our last partner in this equation. This locally owned and operated brokerage will assist us in making sure that the properties are priced at marketvalue by providing the necessary comparable houses in the area and will also aid us in listing and selling the properties. We chose this brokerage to ensure that all sales meet the City of Beaumont guidelines as well as Fair Housing guidelines. We will use the HUD chart on income limits. The Brandon Johnson- Believe and Achieve Foundation will identify each home to be sold within the income limit for the appropriate household size and maximum allowed percentage of area median income. Realty Depot of Texas will be working with local lenders that caterto low income houses and uses the City of Beaumont down payment assistance programs. The city of Beaumont offers up to $15,000 which can be applied to their down payment, closing cost, and or buying down the sells price of the home. Our goal is to assist each home owner in getting to the closing table with as little of their own money as possible. We know this will be a case by case situation. In our quest to make as many home owners as possible, we are prepared to abide the COB low income guideline as well as work with COB housing department which also offers a program where housing vouchers may be applied towards the monthly note or mortgage for up to 15years. Description: There are over 300 red tagged or distressed properties in Beaumont which probably isn't generating the city any revenue. This may also result in a loss if the city moves forward with the demolition process which isn't billed to the owner or the city isn't reimbursed by the owner and it still might not be active on the tax roll or in a delinquent tax status. • Over 300 red tagged properties in Beaumont • Numerous vacant lots up for tax auction (new construction opportunity) • Low to moderate income (catering to) • Qualifying for Beaumont's DPA program • Brandon Johnson -Believe & Achieve Foundation (501-c3) • Prominent Home Builders (Consultants and partners on new construction) • Lucille Homes& Remodeling (partner) has renovated several houses and they're insured and bonded • Numerous houses up fortax auction By granting us the ability to partner with the city of Beaumont and becoming part of the CHDO program, we are requesting $500,000, If this dollar amount is feasible, we are confidentthat we can renovate up to 10 approximately houses, while bringing them up to the City's code and reselling and getting them back on the tax roll generating income for the City of Beaumont. There's also the new construction option that will also aid in beautifying these neighborhoods resulting in cleaner, more presentable neighborhoods that will raise/preserve the property's value. Project Description: All wcrkerswill be local residents of Beaumont keeping the money here in this city. All proceeds from the sale of the houses will go to helping the citizens of Beaumont with "Need Base Scholarship Programs" to Lamar University. We want our scholarship program to focus on helping kids of single parents, 1st responders, veterans, low income families, and kids of deceased parents. We will also use the proceeds for inner city needs such as outreach and mentoring programs for troubled or misguided youth and individuals. We also want to invest in after school tutorials, youth centers, after school programs, as well as reform programs or halfway houses for felons and ex -cons The benefit to The City of Beaumont is with over 300 red tagged/distressed properties in Beaumont alone, they're becoming a public nuisance and eyesore. These properties hurt the city in various ways. We are looking to remodel them, by gaining ownership from the current owners then remodel and resell these houses which will be back on the cities tax role generating revenue instead of being torn down which is a total loss forthe city because they're not reimbursed by the owner. Marketing Strategy: If granted the opportunity to be a part of this program we are willing to meet all requirements that the city place before us. We agree to be as transparent as needed and will provide all receipts, records, and paperwork needed and requested to ensure this joint venture becomes and remains a long lasting relationship! We are prepared for the City of Beaumont to monitor all program activities of the non-profit to assure compliancewith the terms of the agreement including all HOME program requirements. Thank you for yourtime and consideration, Brandon Ray Johnson N � b 3 rc P y e � 5 0 —S B cn p?� b W w o � o a m n6 Q ❑ ❑ a O P M tt O 7 ry s gr 6 g �a a s ro w N m n a z o a Oy 3 v ❑ ❑ aI $ P F g a ❑ ❑ o � ❑ ❑ 3 df � a n 9 b M P 1�r l p 3d �❑ �Q9� ❑ 3 �53 a b a 5 J s �g ❑ A 9 z osa.. ❑❑ ^£ K g� k'AP 3 ro El C a HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Believe and Achieve Foundation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Believe and Achieve Foundation, a Texas non-profit corporation (CHDO hereinafter), located at 4880 Wyatt, Beaumont, Texas 77705. WHEREAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No. M-20-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low -to -moderate income housing for residents of the City through its Community Development Division; WHEREAS, the Believe and Achieve Foundation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont approved Community Housing Development Organization (CIIDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number #21-0, passed by the Beaumont City Council on 0 / /21 the Believe and Achieve will enter into a contract with the City for an award of the 2020 HOME funds totaling (S�; WHEREAS, the City is required to reserve not less than 15 percent of the HOME allocation for any fiscal year for investment only in housing to be developed, sponsored, or owned by certified CHDOs pursuant to applicable U S Department of Housing and Urban Development (HUD) regulations include but not limited to 24 CPR 92.300 (see attached hereto as Exhibit A), and as approved in the City's 2020 Action Plan update of the 2020 - 2024 Consolidated Plan which set aside a portion of HOME Grant funds for CHDOs to develop low -to -moderate income housing; WHEREAS, The HOME allocation of (sue will be used for the eligible costs related to the acquisition, rehabilitation and resale of LJ existing units. Such housing will provide decent, safe and sanitary housing for eligible families; WHEREAS, the City desires to assist the CHDO in providing for the acquisition of low -to - moderate income housing through funds provided by HUD's Home Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with in order to qualify for a portion of the City's HOME CHDO set aside. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section I — City's Responsibilities A. 'the Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of (Son a reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92.300 (attached hereto as Exhibit A), carried out within the City's jurisdictional boundaries, specifically, the acquisition, rehabilitation and resale of (_ ) units. Specific activities to be carried out will include acquisition and rehabilitation costs, inspections, appraisals, surveys and make-ready costs associated with (._) units which will be rehabbed and sold to low/moderate income persons at or below 80% of the median income. Costs will be reimbursed as set forth in the program's reimbursement policy. D. CHDO agrees that a single or program -specific audit is a condition of funding for all entities that expend $750,000.00 or more in a year in Federal awards. The City of Beaumont requires the CHDO to submit the most current financial review for the fiscal year completed by August 30, 2021. Section 2 — Believe and Achieve Foundation Responsibilities A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf of the CHDO. B. CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CPR 92.505(b) (attached hereto as Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A -I 10 (Uniform Administrative Requirements for Grants and Cooperative Agreements to Stale and Local Governments. C. CHDO agrees to maintain itself as a City certified CHDO in accordance with Title II of the National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations policies and reporting requirements established by the City in conjunction with HUD, including CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve funds. D. CHDO agrees to assure that all acquisition or rehabilitation projects will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this agreement, the Believe and Achieve Foundation will adopt the City's construction specifications and standards to be used on projects funded by this agreement. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City's representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. E. CHDO agrees to complete rehabilitation project within two years from the date of this agreement, or by federally required deadlines, whichever is sooner. The issuance of a building permit will constitute start of construction. If construction cannot be commenced by its start date as set out in Exhibit A, the CHDO shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the commencement of construction. The City shall either approve a new commencement date or deny the request for extension. The decision of the City's representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract and the CHDO will be required to deed to the City any real property provided. F. CHDO agrees to provide the City full and complete documentation of all eligible acquisition, materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal to the City. The Community Development Administrator may waive this requirement to facilitate program goals and objectives. G. Except where unavailable, CHDO agrees to make the homes acquired through this contract available to applicants who have been qualified through a HUD Certified Homebuver Counseling Agency. Where applicable, CHDO agrees to collect homeownership applications, determine eligibility, gather all initial data connected with these applications, and to assist the prospective homebuyer with the negotiation of permanent financing with participating lenders. CHDO agrees to ensure the long term affordability of the property to the new homebuyer as specified in 24 CPR 92.252 (attached hereto as Exhibit Q. These affordability requirements must be enforced by the use of 2" Lien Deeds of Trust and deed restrictions. H. CHDO agrees to affirmatively market all properties to eligible low or moderate income families as described 24 CPR 92.351 (a) (Exhibit D). I. CHDO agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and head -of -household status). Approval by the City is required prior to the applicant receiving an approval letter from the CHDO. CHDO also agrees to make all files on projects/programs funded by this agreement available for inspection by City staff. CHDO will report any project and/or program delays or modifications and await City approval before proceeding. CIIDO will also report any instances of client fraud or program abuse to the City. J. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. K. CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. CHDO also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300 (attached hereto as Exhibit A). This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; projects/programs approved; fund disbursements; project bidding information; property sales; contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required by the attached program guidelines (Exhibit E). CHDO agrees that the Program will be administered according to all applicable regulations and guidelines per the City ofBeaumont's 2020 Action Plan (as it may be amended), program design criteria and construction standards. L. CHDO agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the development and construction of new houses AND (b) home buyer assistance including, but not limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transferto the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. M. CHDO agrees to secure the financial match requirements for M-20-MC-48-0201 HOME funds. The financial funding match requirement is 25% of total expenditures less CHDO Operating funds. N. CHDO agrees that the City will provide the CHDO with Dollars and 00/100 ($ of 2020 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from Cl IDO certifying that all requirements have been met. O. The CHDO also understands and agrees to adhere to the City's procurement process (attached hereto as Exhibit F). The City shall reserve the right to investigate, examine and monitor, at any time, any and all such records relating to the operations or expenditures of CHDO under this Agreement. P. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit Q. Section 3 - General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from , 2021 through , 2022. With agreement by both parties, the Agreement may be extended for a time specified in ajointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty -day written notice, the CHDO is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F. It is expressly understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned upon the actual availability of federal IIOME funds allocated to the City by the U S Department of Housing and Urban Development (HOME Program No. M-20-MC- 48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be exclusively from federal monies received under said HOME Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by the CHDO. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 (attached hereto as Exhibit G) 1. if any provisions) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non- performance of this contract and agreement and the operations, activities and services of program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or subcontractors of the City. M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont. N. No grants shall be made by CHDO to its directors or officers, either directly or indirectly, through family members, business partners or employees. CHDO agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of C1ID0 shall render this contract voidable by the City. 0. CHDO covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. CHDO further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program, under which these funds are granted. P. Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Believe and Achieve Foundation By: Brandon Johnson, Executive Director Date STATE OF TEXAS ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the day of , 2021, by Brandon Johnson, as Executive Director ofBelieve and Achieve, a non-profit organization, on behalf of said organization. Jo Ann Patillo CITY OF BEAUMONT By: Kyle Hayes, City Manager Date ATTEST: M Tina Broussard, City Clerk Date Notary Public in and for the State of Texas DEFINITIONS Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non -luxury) nature with suitable amenities. Fair market rents for existing housing are established by HIJD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CPR part 888. Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. 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 contract with The Brandon Johnson -Believe and Achieve Foundation in the amount of $100,000 for the acquisition, rehabilitation and resale of homes that have been tagged for demolition to be sold to eligible low -to -moderate income families, said contract to be funded from the 2020 HOME Program. 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 16th day of March, 2021. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager (56 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 16, 2021 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 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 2021 Annual Action Plan. Attached is the proposed Budget for the 2021 Program Year. The proposed Preliminary Budget reflects estimated allocations of $1,384,834 in Community Development Block Grant (CDBG) funding, an estimated $100,000 in Program Income and $514,689 in HOME funding. Please note these amounts may change slightly before the final adoption as we receive the final amounts from HUD. 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. 2021 HUD CONSOLIDATED GRANT PROGRAM As of 2/26/2021 PRELIMINARY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2021 Budget CLEARANCE AND DEMOLITION 300,000 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, including Sewer Line Repair Program) 200,000 HOUSING MINOR REPAIR — (Habitat for Humanity) 317,716 Funds will be used to repair approximately 12 homes at $25,000 each, for the elderly and disabled. PROJECT DELIVERY COST— HABITAT FOR HUMANITY 52,000 Rehabilitation Administration (Project Delivery Costs) Funds will be used for personnel and operating expenses necessary forcomphance with the planning, execution, 52,000 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 law/moderate income citizens. ADMINISTRATION (19%) 263,118 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 1,384,834 Program Income 100,000 Small Business Loan, Historic Preservation Loan Fund, Clearance and Demolition 'Program Income is Estimated TOTAL CDBG 14884,83a 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 51,469 CHDO OPERATING (5%) 25,734 (Community Housing Development Organization Operating) CHDO RESERVE (15%) 77,203 (Community Housing Development Organization Reserve) ENTITLEMENT (70%) 360,282 TOTAL HOME 514,688 Facilities are wheel chair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. 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 Is reunion y se les proporcionara el servicio necesario. Telefono: (409) 785-4793