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Home My WebLink About07/20/2021 PACKET BEAUM© NT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JULY 20,2021 1:30 FM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on Items 1-8 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the July 13,2021 City Council Meeting Minutes 2. Authorize the City Manager to execute Change Order No. 4,to the contract with Shaver Construction& Contracting Services, LLC d/b/a Silverback Services 3. Authorize the City Manager to receive supplemental funding through the Department of Homeland Security Grant Program 4. Approve rejecting all bids received for the Manual Flush Out Installation Contract 5. Authorize the City Manager to execute all documents necessary to enter into a Memorandum of Understanding (MOU)between the Department of State Health Services (DSHS) and the Beaumont Public Health Department (Clinic) REGULAR AGENDA 6. Consider approving contracts for emergency standby products, services and debris removal 7. Consider authorizing the City Manager to award a contract to SETEX Facilities & Maintenance, LLC for the Pine Street Caustic Tank Emergency Replacement Project DISCUSSION ITEM 8. Review and discuss issuing Certificates of Obligation for street and drainage projects and improvements 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 L&L General Contractors Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 July 20, 2021 Approval of the July 13, 2021 City Council Meeting Minutes BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: July 20, 2021 REQUESTED ACTION: Council consider approval of the July 13, 2021 City Council Meeting Minutes. BEAUM © NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau, Mayor Pro Tem Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III JULY 13, 2021 Chris Durio,Ward IV Tyrone Cooper,City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on July 13, 2021, atthe City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call * Presentation and Recognition + Public Comment: Persons may speak on items 1-13 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit with Magnolia Baptist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Feldschau, Councilmembers Durio, Getz, Turner and Neild. Absent: Councilmember Samuel. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on items 1-13 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the June 29, 2021, City Council Meeting Minutes 2. Authorize the settlement of the lawsuit styled Bethany Q. Spell vs. The City of Beaumont, Case No. B-0205591-Resolution 21-157 Minutes-July 13.2021 3. Authorize the City Manager to execute Change Order No. 1 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project - Resolution 21-158 4. Authorize the execution of a License to Encroach Agreementwith Jose Alberto and Flordeliz Martinez located at 3015 Blackmon Lane - Resolution 21-159 5. Approve the renewal of an annual maintenance agreementwith SirsiDynix of Lehi, UTfor use in the Libraries - Resolution 21-160 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEN FELDSCHAU, COUNCILMEMBERS DURIO, GETZ,TURNER AND NEILD NAYS: NONE MOTION PASSED GENERAL BUSINESS 6. Conduct an election for Mayor Pro Tempore. According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one-year term." The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. Mayor Pro Tern Feldschau moved to APPROVE A RESOLUTION THAT COUNCILMEM13ER SAMUEL BE ELECTED MAYOR PRO TEMPORE FOR A ONE(1)YEAR TERM. Councilmember Durio Seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS CURIO, TURNER AND NEILD NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 21-161 7. Consider authorizing a one-time payment to all full-time civilian employees and appointed officials in an amount equal to 2% of their base wages. On June 29, 2021, a discussion was held with City Council to discuss the details of a one- time payment to all full-time civilian employees (including Appointed Officials) in an amount equal to 2% of their base wages. Employees on the payroll will receive the payment. Employees making less than $50,000 per year in base wages will receive $1,000 less applicable payroll taxes, pension contributions and other related deductions. Civilian employees last received a 3% increase in October of 2019. Presently, there are approximately 770 full-time civilian employees that would receive this payment. Of that Minutes—July 13,2021 amount, approximately 558 of those civilian employees earn less than $50,000 per year. Sworn police and firefighters receive increases in accordance with their collective bargaining agreements. Funds will come from the following funds: General Fund $790,000 Water/Sewer Fund $180,000 Solid Waste Fund $82,000 Hotel Tax Fund $18,000 Fleet Fund $42,000 Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT A ONE-TIME PAYMENT WILL BE ISSUED TO ALL FULL-TIME CIVILIAN EMPLOYEES AND APPOINTED OFFICIALS IN AN AMOUNT EQUAL TO 3%OF THEIR BASE WAGES AND THAT FULL-TIME EMPLOYEES MAKING LESS THAN$50,000.00 PER YEAR IN BASE WAGES WILL RECEIVE A ONE-TIME PAYMENT OF $1,000.00 LESS ALL APPLICABLE PAYROLL TAXES, PENSION CONTRIBUTIONS AND OTHER RELATED DEDUCTIONS. With there being no second the motion failed. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT ONE-TIME PAYMENT WILL BE ISSUED TO ALL FULL-TIME CIVILIAN EMPLOYEES AND APPOINTED OFFICIALS IN AN AMOUNT EQUAL TO 2% OF THEIR BASE WAGES AND THAT FULL-TIME EMPLOYEES MAKING LESS THAN $50,000.00 PER YEAR IN BASE WAGES WILL RECEIVE A ONE-TIME PAYMENT OF$1,000.00 LESS ALL APPLICABLE PAYROLL TAXES, PENSION CONTRIBUTIONS AND OTHER RELATED DEDUCTIONS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,TURNER,FELDSCHAU AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER GETZ MOTION PASSED Resolution 21-162 8. Consider a resolution to direct the designated officer to calculate the voter-approval tax rate in the manner provided for a special taxing unit. As discussed in a budget workshop on June 23, 2020, Senate Bill changed the property tax rate setting process. Under the old law, you calculated an effective rate(tax rate which would generate the same amount of revenue as the prior year on the same property) and a roll- back rate (effective rate plus 8%). Setting a tax rate above the roll-back rate would allow the citizens to petition for an election on the tax rate. Under the new law, the effective rate is known as the "no new revenue rate" and the roll-back rate is known as the "voter-approval rate." Now,the voter-approval rate can only be 3.5%above the no new revenue rate without triggering an automatic election on the November uniform election date. If the tax rate triggers an automatic election, one that exceeds the 3.5 % voter-approval rate, then the deadline to adopt the budget and tax rate would be the first week in August 2021 (78 days Minutes—July 13,2021 before the election). Senate Bill 2 has since been replaced by SIB 1438 which contains a disaster provision that permits a city to direct a designated officer or employee to calculate the voter-approval rate using 8% rather than 3.5% if any part of the city is located in a disaster area during the current tax year and providing that a taxpayer has file for a property tax relief exemption due to damage from the disaster. This provision precludes any mandatory election and allows a city to calculate the tax rate as if they were a special taxing unit. By opting into this provision, the date to adopt the budget and tax rate are not dependent upon the uniform election date and can go back to normal schedules. Having the additional time to evaluate the effects of the winter storm on the City's finances will give us the ability to make more accurate projections of revenues and expenditures which will determine beginning fund balances for next year's budget. Also, opting into this provision will give the council the flexibility of setting a tax rate up to 8% above the no new revenue rate. In February of 2021, a disaster declaration was proclaimed for the entire state of Texas declaring that the Texas Winter Storm constituted a major disaster declaration. As a result of the disaster declaration, staff recommends that the city opt into the disaster provision of Senate Bill 1438. Approval of the resolution. COuncllmember Nelld moved to ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF BEAUMONT TO CALCULATE THE VOTER-APPROVAL TAX RATE OF THE CITY OF BEAUMONT IN THE MANNER PROVIDED FORA SPECIAL TAXING UNIT BY USING AN 6%THRESHOLD FOR NEW REVENUE INSTEAD OF 3.5%AS AUTHORIZED BY TEXAS TAX CODE SECTION 26.O4(C-1) DUE TO THE GOVERNOR'S STATE-WIDE DECLARATION OF DISASTER IN RESPONSE TO THE 2021 TEXAS WINTER STORM;AND DECLARING AN EFFECTIVE DATE. Councllmember Feldschau Seconded the motion. AYES: MAYORMOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-163 9. Consider approving a proposal submitted by Marsh Waterproofing, Inc. for the restoration and tuck-pointing of the Jefferson Theater south side brick masonry fagade. Pricing was obtained from Construction Managers of Southeast Texas, LLC utilizing the TIPS Contract#200201 procurement process. TIPS (The Interlocal Purchasing System) provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The cost to replace the entire built-up roof system, wood deck repairs and replacement of siding removed due to asbestos containing materials, including the proposed scope of work listed on the contractor's proposal, will be $200,675.00. Minutes-July 13,2021 The Fleet Fire Maintenance Facility was originally constructed in 1972. The existing roof system has reached the end of its useful life expectancy and is experiencing multiple leak issues. As a result of the roof leaks, areas of the existing wood decking are deteriorating and in need of repairs. This project is necessary to protect the structural integrity of the facility and ensure that the facility can serve the City's needs for several more years. To ensure that the Fire Department fleet of vehicles are maintained and ready when needed, this facility is a critical component to the City's Fire Department. Funds will come from the Capital Reserve Fund. Approval of the resolution. COuncllmember Nelld moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF CONSTRUCTION SERVICES FROM CONSTRUCTION MANAGERS OF SOUTHEAST TEXAS, LLC., OF PORT ARTHUR, TEXAS, FOR REPLACEMENT OF THE ROOF SYSTEM AT THE FLEET FIRE MAINTENANCE SHOP LOCATED AT 1125 ARCHIE STREET, IN THE AMOUNT OF $200,675.00,THROUGH THE INTERLOCAL PURCHASING SYSTEM(TIPS)COOPERATIVE PURCHASING PROGRAM. COuncilmember Durio seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-164 10. Consider approving a proposal submitted by Marsh Waterproofing, Inc. for the restoration and tuck-pointing of the Jefferson Theater south side brick masonry facade. Pricing was obtained from Marsh Waterproofing Inc. utilizing the current Maintenance Contract between Marsh Waterproofing and the City of Beaumont. The Repair and Maintenance Contract allows Marsh Waterproofing, Inc., at the request of the Facilities Maintenance Department, to perform maintenance and repair to City owned facilities on a time and material basis as set forth in the Maintenance Contract. The Repair and Maintenance Contract was approved by the City Council on December 17, 2019, by Resolution No. 19-291. The cost for the restoration and tuck-pointing of the south wall, including the proposed scope of work listed on the contractor's proposal, will be a not to exceed amount of$74,000.00. The south wall of the Jefferson Theater is experiencing water intrusion through the exterior masonry facade. The continual intrusion of moisture through the masonry wall will cause further deterioration of the mortarjoints and can result in the failure of the structural integrity of the solid masonry wall. This project would be a continuation of the City's effort to ensure that the Theater's structural integrity and the interior components are protected. The current east side masonry restoration project is being performed by Marsh Waterproofing, Inc. and Facilities Maintenance recommends utilizing the services of Marsh Waterproofing, Inc. on the south wall to ensure that the same quality of work is continued on the south wall and the visual aspect of the two walls appear the same. Minutes—July 13,2021 Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE PROPOSAL SUBMITTED BY MARSH WATERPROOFING, INC., OF VIDOR, TEXAS, IN AN AMOUNT UP TO $74,000.00 FOR THE RESTORATION AND TUCK-POINTING OF THE JEFFERSON THEATRE SOUTH SIDE BRICK MASONRY FACADE LOCATED AT 345 FANNIN STREET BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-165 11. Consider approving a six-month contract for the purchase of sodium hydroxide for use by the Water Utilities Department. Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred thirty-two (532) dry tons of this material during the term of this contract. Formal bids were requested from nine vendors four responded. DXI Industries, Inc. of Houston responded with a qualified bid of$558.42 per ton and a total estimated amount of $297,079.44. This represents a $130/ton or thirty percent(30%) increase in the price of this material over last contract. The increase is market wide from the manufacturers due to effects from COVID 19 and shortfalls in production due to key plant shutdowns for maintenance. Specifications allow for a six-month contract with the option of two renewals of six-month terms at the same pricing as the awarded contract. DXI Industries, Inc., has previously held this contract. There are no local vendors of this commodity. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY DXI INDUSTRIES,INC.,OF HOUSTON,TEXAS,FORA SIX(6)MONTH CONTRACT,WITH THE OPTION OF TWO (2) RENEWALS OF SIX(6) MONTH TERMS AT THE SAME PRICING AS THE AWARDED CONTRACT, FOR THE PURCHASE OF SODIUM HYDROXIDE IN THE UNIT PRICES AS WELL AS AN ESTIMATED TOTAL EXPENDITURE OF $297,079.44 BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH DXI INDUSTRIES,INC., OF HOUSTON,TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAU AND NEILD NAYS: NONE Minutes—July 13,2021 MOTION PASSED Resolution 21-166 12. Consider approving a depository agreement with Allegiance Bank. The current depository agreement with Wells Fargo Bank expires on September 30, 2021, and all options to renew have been exhausted. In accordance with the requirements set forth in Chapter 105 of the Texas Local Government Code, the City has undergone the process of Bank Depository Service Request for Applications (RFA), including the preparation of the RFA, responding to questions, analyzing the responses,and making a recommendation as to the best value for the City. As required, notice for applications were published in a local paper and RFA's were sent to fourteen (14) local banks and only two RFA's were received: Allegiance Bank and Wells Fargo Bank. After analyzing the responses, Allegiance Bank was determined to be the best value to the City, both responding banks exhibit the financial strength required to serve the City, but Allegiance Bank excels in the areas of fee structure, interest earnings and services provided. Approval of the resolution. Councilmember Nelld moved to APPROVE A RESOLUTION THAT THE PROPOSAL OF ALLEGIANCE BANK FOR BANKING SERVICES IS HEREBY ACCEPTED AND THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A DEPOSITORY AGREEMENT WITH ALLEGIANCE BANK FOR THE PERIOD COMMENCING OCTOBER 1,2021,TO SEPTEMBER 30, 2023,THE CONTRACT MAY BE RENEWED FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS BY MUTUAL CONSENT OF BOTH PARTIES. Councilmember Curio seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS CURIO,GETZ,TURNER,FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-167 13. Consider authorizing the purchase of a replacement generator for the Loeb water well site. In 2017,the back-up power generator located at the City's Loeb water well site in Lumberton was destroyed by flooding from Hurricane Harvey and is in need of replacement to insure a continuous power supply during operations. Pricing for a replacement 1250 KW diesel generator was obtained from Mustang Cat of Houston who is a sole source provider of the replacement generator with a total cost of $464,990. Federal Emergency Management Agency (FEMA) in the amount of $399,060.00; Harvey Recovery Fund in the amount of$65,930.00. Minutes—July 13,2021 Approval of the resolution. COuncllmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A REPLACEMENT 1250 KW DIESEL GENERATOR SET FOR USE BY THE WATER UTILITIES DEPARTMENT AT THE LOEB WATER WELL SITE FROM MUSTANG CAT,OF HOUSTON, TEXAS, A SOLE SOURCE VENDOR, IN THE AMOUNT OF $464,990.00. Councilmember Neild seconded the motion. AYES: MAYORMOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER FELDSCHAUAND NEILD NAYS: NONE MOTION PASSED Resolution 21-168 PUBLIC HEARING Receive comments on the proposal to establish the Arbor Reinvestment Zone Public Hearing Open: 2:31 p.m. Ariana Akbari 108 ter Ave. Nederland TX Stated that she understands that the city is in the early stages of discussing this project but wanted more clarification as to what is a reinvestment zone and what is renewable gas, stated that to her knowledge there's no such thing as renewable gas, also wanted to know how many reinvestment zones are there in Beaumont Biguita Hernandez-Smith 1080 Shakespeare Dr. Beaumont TX Spoke to Council as to how important it is for citizens to have a seat at the negotiation table as Beaumont, Texas and not be cornered because Baton Rouge, LA has a better tax abatements than Beaumont, this is where Beaumont should be able to tout our city and understand the advancement of the school district and understand the location and to understand all that the efforts that the city offers in order to be at the negotiation table and win, often times organizations will give a number of jobs and if they can actually handle the amount ofjobs, the city should ask this organization before going into this agreement about training for those jobs that will become available Christopher Jones 1045 Doucette Ave. Beaumont TX Asked where this Reinvestment Zone will be and will this zone be in collaboration with the existing Empowerment Zones that are spaced out through the city and how will they work together Public Hearing Close: 2:44 p.m. 14. Consider approving an ordinance establishing the Arbor Reinvestment Zone forthe purpose of offering economic incentives. Minutes—July 13,2021 Under Texas law, cities are allowed to offer a variety of economic development incentives in order to attract new development as well as encourage the expansion and upgrading of existing industries. One important incentive that a city can offer is a tax abatement under Chapter 312 of the Texas Tax Code which allows for abatement of taxes in exchange for substantial capital investment and job creation. Cities wanting to offer tax abatements must do so in accordance with an adopted Tax Abatement Policy and the abatement must occur within an established Reinvestment or Enterprise Zone. The City's Tax Abatement Policy was last approved in August 2020. Arbor Renewable Gas recently approached the City, seeking incentives for a potential four (4) phase investment totaling $1.15 billion in the creation and maintenance of their facility. The initial investment is estimated to be$325 million while creating 20 permanent employees and approximately 300 construction jobs. With key infrastructure and product demand along the Gulf Coast, the company could build an additional three (3) units at the same site, for approximately$275 million investment each, with an additional 12 permanent employees at each of the three (3) units. In regard to the successive investments, this project could be a total estimated investment of$1.15 billion. In order to consider this abatement at a future meeting, the Administration is proposing the establishment of the Arbor Reinvestment Zone for the purpose of commercial and industrial tax abatements. The boundaries of the proposed Zone are attached and, in accordance with Chapter 312 of the Tax Code, the designation of this area will likely result in the retention or expansion of primary employment and major investment. Once the Zone has been established, any abatement requests would be presented to City Council for consideration. All area taxing entities have been notified of the proposal to designate this zone. Council to conduct the Public Hearing and approve the Ordinance. Councilmember Nelld moved to ADOPTAN ORDINANCE ENTITLEDAN ORDINANCE DESIGNATING AN AREA AS THE ARBOR REINVESTMENT ZONE PURSUANT TO THE TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT(TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-042 COMMENTS * Public Comments (Persons are limited to three minutes) Isaac Jefferson 4785 Lufkin St. Beaumont TX Spoke to Council regarding his sewer, stated that he's lived at his address for thirty seven years, but dealing with this problem over twenty years, stated when there's a heavy rain his Minutes—July 13,2021 toilets won't flush, he's called 311 and asked that they dispatch a truck, staff did come to see what the problem was, it seems that they thought they fixed the problem but what they did hasn't worked, stated that it seems like a simple problem to be fixed but apparently it's not, asked that the city fix the problem and they won't have to hear from him anymore James Richard 2784 Delaware St. Beaumont TX Spoke to Council regarding the issues with the water, can't understand why the city can'tjust fix the entire system and they won't have to hear from the citizens, also commented on the low water pressure Willie Carrierre 4240 Inez St. Beaumont TX Congratulated all those that won the election, also wanted to put a face with a name and to introduce himself to his newly elected Councilmember Durio Brian Nepveux 6955 Shanahan Dr. Beaumont TX Commented on item #8 that was discussed earlier in the meeting, stated that the manager commented on annexing some of the refineries that are outside of the city limits, wanted to know if its possible that the city could get the tax rate at 100% and they pay their fair share as residents do Christopher Matthews 3875 N. Major Dr. Beaumont TX Congratulated Mayor Mouton on being elected Mayor, commented on the Local 5 Union and a wage survey, stated that he was looking at bidding on a parking lot in Port Arthur and not in Beaumont, has been looking at the wage difference for cement finishers and brick layers, wanted to see if the city could request labor wages for those positions from the Department of Labor Christopher Jones 1045 Doucette Ave. Beaumont TX Congratulated the newly elected officials and congratulated Mayor Mouton as well, stated that he brings greetings from the Charlton Pollard Historical Neighborhood Association, thanked Councilmember Feldschau for reaching out and helping during the time of the flood, stated to the Mayor that the association has reached out to her on several occasions and appreciates the well responses from her and looks forward to working with her as the newly elected Mayor, thanked Councilmember Samuel as the longest serving Councilmember representing the historical Ward III, thanked Councilmember Turner and looks forward to working with him on the ideas that he brings to Council, stated that the associations is trying to locate a permanent location to meet and will let Council know when they will resume their meetings Biguita Hernandez-Smith 1080 Shakespeare Dr. Beaumont TX Spoke regarding Agenda Item #7, stated that she highly recommend performance evaluations, stated that by no means is she discounting the city's workforce, however, when dealing with human individuals and human individuals must be managed and the city must Minutes—July 13,2021 evaluate them, it gives them an incentive to be excellent and be their very best and as leaders and managers have the responsibility to lead employees to their capabilities and potential and believes that performance evaluations do just that, also commented on the concern for employees that make under$50,000.00, thinks that a salary comparability study needs to be done to see what cities with Beaumont's population are paying their employees to make sure that the city is competitive in the market place and giving the right salary to the employees * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - STATEDTHAT HE LIVES OUT IN THE TYRRELL PARKAREAAND WANTED TO WARN ALL OF HIS NEIGHBORS THAT WITHIN THE LAST TWO WEEKS FOUR ALLIGATORS WERE PICKED UP AND ONE OF THEM WAS IN HIS YARD, ASKED THAT EVERYONE BE AWARE AND IF ONE IS SPOTTED TO PLEASE CALL 311 OR ANIMAL CONTROL SO THEY CAN COME OUT AND TO PLEASE DON'T APPROACH ANY ALLIGATOR COUNCILMEMBER GETZ- COMMENTED ON EVENTS THAT TOOK PLACE ON MONDAY NIGHT THE BEAUMONT CHAMPIONS FUNCTION AS WELL AS TWO NEIGHBORHOOD ASSOCIATION MEETINGS IN WARD II, THE MEADOWS NEIGHBORHOOD ASSOCIATION MET AT 6:30 P.M, BEAUMONT ANIMAL CONTROL WAS THE GUEST SPEAKER, THE CALDWOOD NEIGHBORHOOD ASSOCIATION MET AND ELECTED A NEW PRESIDENT, ANNOUNCED THE TOWN HALL MEETING AT 6:00 P.M., REGARDING THE PURCHASE OF THE PROPERTY LOCATED AT 555 MAIN ST., AT THE EVENT CENTRE,ENCOURAGED CITIZENS TO COME OUT AND LET THEIR VOICES BE HEARD COUNCILMEMBER TURNER- THANKED THE CITY OF BEAUMONT STAFF FOR THE BEAULYMPICS EVENT THAT WILL TAKE PLACE THIS SATURDAY, JULY 17, 2021, AT THE EVENT CENTRE, ANNOUNCED ON JULY14, 2021, THERE WILL BE AN EVENT CALLED "KNOW YOUR COUNTY COURTHOUSE",IF ANY KIDS WOULD LIKE TO BE A PART OF THIS THERE'S STILL TIME TO REGISTER AND THE EVENT IS FREE, ALSO ON JULY 18, 2021, NFL P.J. LOCKE WILL BE HOLDING A FREE FOOTBALL CAMP, STATED THAT PARENTS CAN EMAIL HIM OR INBOX HIM AND HE WILL PROVIDE THEM WITH THE LINK TO REGISTER,ON JULY 25,2021.THERE WILL BE A "KNOW YOUR WORTH" BRUNCH FOR TEENS AT NICHOLAS ACADEMY, IT WILL BE FREE AND HOSTED BY HIMSELF AND HIS WIFE ASHLEY, ON JULY 29, 2021, NBA PLAYER KENDRICKS PERKINS WILL BE HOSTING A BASKETBALL CAMP AT CENTRAL HIGH SCHOOL, THANKED NEIGHBORHOOD ASSOCIATIONS FOR ALL THAT THEY DO IN THE CITY COUNCILMEMBER FELDSCHAU - NONE Minutes—July 13,2021 MAYOR PRO TEM SAMUEL- ABSENT COUNCILMEMBER NEILD - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - THANKED STAFF FOR THE WONDERFUL FOURTH OF JULY CELEBRATION, STATED THAT SHE ATTENDED AND GAVE THE WELCOME FOR THE SYMPHONY, THEY DID A BEAUTIFUL JOB, GAVE CONDOLENCES TO THE DUMOs, SPIVEY AND JONES FAMILIES, ANNOUNCED THAT THE BEAULYMPICS WAS CANCELLED ON LAST WEEKEND DUE TO THE WEATHER AND HAS BEEN RESCHEDULED FOR THIS WEEKEND JULY 17,2021, ENCOURAGED EVERYONE TO GET OUT AND ATTEND, ALSO COMMENTED ON THE 2% BONUS THAT WAS APPROVED FOR THE CITY EMPLOYEES DUE TO THEIR NOT RECEIVING AN INCREASE SINCE 2019 AND COUNCIL WAS HAPPY TO APPROVE THE BONUS,THEY ALL WOULD HAVE LIKED TO HAVE GIVEN THE 3% AS COUNCILMEMBER DURIO HAD REQUESTED BUT WITH THE BUDGET PENDING, THINKS THAT IT WAS SMART FOR THE COUNCIL TO WAIT TO SEE HOW THE BUDGET WILL LOOK, COUNCIL DOES WANT TO COMPENSATE THE EMPLOYEES WHO ARE OUT THERE MAINTAINING A LEVEL OF CUSTOMER SERVICE TO ALL OF THE CITIZENS, MADE ADDITIONAL COMMENTS REGARDING EMPLOYEE SALARIES AS WELL AS THE APPOINTED OFFICIALS THAT WORK DIRECTLY FOR COUNCIL,STATED THAT THE NEW CLOSING TAG WILL BE "BUILDING A BETTER BEAUMONT"AND HOPE TO SEE EVERYONE AT THE TOWN HALL MEETING TONIGHT AT 6:00 P.M.,AT THE EVENT CENTRE' With there being no closed session, Council adjourned at 3:17 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—July 13,2021 2 July 20, 2021 Authorize the City Manager to execute Change Order No. 4, to the contract with Shaver Construction& Contracting Services, LLC d/b/a Silverback Services BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: July 20, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4, to the contract with Shaver Construction& Contracting Services,LLC d/b/a Silverback services. BACKGROUND On March 16, 2021, by Resolution No. 21-066, City Council awarded a contract to Shaver Construction & Contracting Services,LLC d/b/a Silverback Services, of Jasper, in the amount of $549,490.00 for the Water Treatment Plant 72—Inch Emergency Repairs Project. Previous Change Order Nos. 1-3, in the amount of$16,265.00, are attached for your review. Proposed Change Order No. 4, in the amount of$30,585.00, is required to fabricate and install an engineered bulkhead. During the course of the project, the existing field conditions were found to be different from the original plans,requiring modifications to the bulkhead design and installation methods including the removal and restoration of the concrete liner on the 72" pipe. The change order will also provide for the relocation of the ammonia injection point. A total of eleven (11) calendar days will be added to the contract for the additional work. If approved, Change Order No. 4 will result in a new contract amount of$596,340.00. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-066 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$649,490.00; 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 4 d/b/a Silverback Services, of Jasper, Texas, for the purposes described herein. G 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. 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WHEREAS, on March 16, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-066 awarding a contract in the amount of $549,490.00 to Shaver Construction & Contracting Services, LLC, d/b/a Silverback Services, of Jasper, Texas, for the Beaumont Water Treatment Plant 72-Inch Emergency Repair Project; and, WHEREAS, on June 9, 2021, the City Manager executed Change Order No. 1, in the amount of $3,700.00, to increase the size of the coring tool needed to gain access through the chemical vault floor due to unforeseen field conditions, thereby increasing the total contract amount to $553,190.00; and, WHEREAS, on June 16, 2021, the City Manager executed Change Order No. 2, in the amount of$6,165.00, for hydro excavation work to reveal the location of the existing 72" pipeline due to unforeseen field conditions, thereby increasing the total contract amount to $569,355.00; and, WHEREAS, on June 25, 2021, the City Manager executed Change Order No. 3, in the amount of$6,400.00, to obtain an engineered bulkhead design that will be sealed and stamped by a professional engineer registered with the State of Texas, thereby increasing the total contract amount to $565,755.00 ; and, WHEREAS, Change Order No. 4, in the amount of $30,585.00, is necessary to fabricate and install an engineered bulkhead, thereby increasing the total contract amount to $596,340.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4, in the amount of $30,585.00, for additional work described above, thereby increasing the total contract amount to $596,340.00 for the Beaumont Water Treatment Plant 72-Inch Emergency Repair 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 20th day of July, 2021. - Mayor Robin Mouton - 3 July 20, 2021 Authorize the City Manager to receive supplemental funding through the Department of Homeland Security Grant program BEAUM© NT TEXAS TO: City Council FROM: Kyle IIayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 20, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive supplemental funding in an amount up to$6,807.71 through the Department of Homeland Security Grant Program (HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program (SHSP). The City of Beaumont was awarded $64,985.88 for the 2019 Homeland Security Grant Program(HSGP) of which$42,281.40 was used for the LETPA Sustaining Special Response Teams Project. The City was notified that$6,807.71 in SHSP/LETPA uncommitted funds for 2019 was available and was approved to receive the supplemental award. Pending approval, this supplemental funding will be used to purchase uniforms for the SWAT Team. FUNDING SOURCE No local match is required. 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 accept additional funding from the State Homeland Security Program (SHSP) for the 2019 Department of Homeland Security Grant Program (HSGP) in an amount up to $6,807.71 for the purchase of SWAT Team uniforms, and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept additional funding from the State Homeland Security Program (SHSP) for the 2019 Department of Homeland Security Grant Program (HSGP) in an amount up to $6,807.71. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of July, 2021. - Mayor Robin Mouton - 4 July 20, 2021 Approve rejecting all bids received for the Manual Flush Out Installation Contract BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 20, 2021 REQUESTED ACTION: Council consider a resolution rejecting all bids received for the Manual Flush Out Installation Contract. BACKGROUND The project consists of the installation of approximately 45 dead-end flushing devices at various locations throughout the city. Two vendors attended the mandatory pre-bid meeting and one response was submitted. The submitted bid was approximately two times the engineer's estimated cost for the project. Until a bid is awarded,the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. The project will be rebid at a later date. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on July 8, 2021, one (1) bid was received for the Manual Flush Out Installation Contract Project; and, WHEREAS, the Public Works Department evaluated the one (1) bid submitted and found that the bid was over the anticipated estimate; and, WHEREAS, it is the recommendation of City of Beaumont Public Works Department Administration to reject the submitted bid and rebid the project at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the submitted bid for the Manual Flush Out Installation Contract Project and that said bid should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bid received for the Manual Flush Out Installation Contract 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 20th day of July, 2021. - Mayor Robin Mouton - 5 July 20, 2021 Authorize the City Manager to execute all documents necessary to enter into a Memorandum of Understanding (MOU)between the Department of State Health Services(DSHS) and the Beaumont Public Health Department(Clinic) BEAUM© NT TEXAS TO: City Council FROM: Kyle IIayes, City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: July 20, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to enter into a Memorandum of Understanding(MOU)between the Department of State Health Services (DSHS) and the Beaumont Public Health Department (Clinic). BACKGROUND This agreement will allow the Beaumont Public Health Department to treat and control the spread of infectious disease across Texas through the United States federal government 340 B Drug Pricing Program. This MOU will begin on 09/01/2021 and end on 08/31/2023. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into a Memorandum of Understanding with the Texas Department of State Health Services (DSHS) to treat and control the spread of infectious disease across Texas through the United States Federal Government 340E Drug Pricing Program. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of July, 2021. - Mayor Robin Mouton - TEXAS Texas Department of State Health Services V Health and Human f' Services John Hellerstedt,M.O. Com hsioner Federal 340B Drug Discount Program Assurance Form Beaumont Public Health Dept. (Participating Clinic's Full Legal Name including dba) makes the following assurances in support of its participation in the Federal 340E Drug Discount Program (the "Program"): 1. Utilize Department of State Health Services' (DSHS) Central Distribution Model for all Program medications, made available through DSHS' Inventory Tracking Electronic Asset Management System (ITEAMS) platform. 2. DSHS' Medications, Pharmacy Branch will order, receive and distribute medications to authorized sub-grantees. 3. Signed a Memorandum of Understanding with DSHS to participate in the Program, agreeing to all terms and conditions. 4. Comply with all Program requirements set by federal and state laws, rules and regulations, the Health Resources and Service Administration (HRSA) and DSHS. By signing below, designee acknowledges they have the requisite authority to execute this form on behalf of the named party. Signature of Program Designee Date Typed or Printed Name P.O.Box 149347•Austin,Texas 78714-9347•Phone:888-963-7111•M:800-735-2989•dshs.texa5.9W EXHIBIT "A" MEMORANDUM OF UNDERSTANDING FOR CENTRAL DISTRIBUTION MODEL PARTICIPANTS DSHS CONTRACT No. HHS001031800004 This Memorandum of Understanding (MOU), is between Department of State Health Services (DSHS)and Beaumont Public Health Department(Clinic),each a"Party"and collectively"Parties" to this MOU to treat and control the spread of infectious disease across Texas through the U.S.federal government 340B Drug Pricing Program(the"Program"). 1. Purpose Establish roles and responsibilities concerning Parties' compliance with the Program,while providing listed medications available through DSHS' Inventory Tracking Electronic Asset Management System(ITEAMS)platform. 2. Joint Responsibilities 2.1 Ensure policies and procedures align with Program guidelines and expectations of compliance; 2.2 Monitor and track medication from DSHS Pharmacy Branch to patient receipt; and 2.3 Ensure all policies and procedures are implemented and adhered to. 3. DSHS Responsibilities 3.1 Create,review and update policies and procedures to ensure compliance of Program; 3.2 Purchase medications for the treatment of sexually transmitted diseases(STDs)and tuberculosis(TB)with state and federal funds allocated for specific public health purposes that are administered and dispensed in compliance with Program regulations,as authorized by the Texas Health and Safety Code,Chapters 81,85 and 1001; 3.3 Review,approve and monitor Clinic's registration in Office of Pharmacy Affairs Information System(OPALS); 3.4 May review and approve the eligibility for each Clinic location to participate in Program; 3.5 Ensure TB medications provided are through local,pre-authorized health department and entities; 3.6 Provide education concerning Program compliance to Clinic through initial and ongoing trainings by submitting information on how to sign-up for the Apexus PVP Program,a Health Resources and Services Administration(HRSA)contractor for further education; 3.7 Monitor and support Clinic on all compliance elements of the Program addressed in the policies outlined by the DSHS HIV/STD Program,which can be accessed at: lit(ps-//www.dslis.texas.gov/liivstd/i)olic ;and 3.8 Monitor and support Clinic on all compliance elements of the Program addressed in the policies outlined by the DSHS Tuberculosis and Hansen's Disease Branch in the Texas Tuberculosis Work Plan,which can be accessed at: hops://www dshs texas gov/idcu/disease/tb/policies/. DSHS Contract No.HHS001031800004 Page 1 of9 t 4. Clinic Responsibilities 4.1 Determine eligibility of participation in the Program for each Clinic location; 4.2 Obtain medications through ITEAMS platform for outpatient treatment of STDs or for TB services and medications; 4.3 Distribute medications at no charge to uninsured,eligible patients; 4.4 Ensure medications are used only for the treatment of STDs and TB; 4.5 Ensure medications from the Program are not sold or exchanged to any individual or entity; 4.6 Maintain a Class D pharmacy license;Clinics without a Class D Pharmacy license are only permitted to order medications under a physician's license for direct administration to patients onsite and for patient-delivered partner therapy using single-dose oral medications for chlamydia and gonorrhea. i.e.azithromycin and cefixime. 4.7 Designate a staff member who oversees the ordering, provision, reconciliation and reporting of medications obtained through the ITEAMS platform, with reconciliation of the medications occurring prior to the last day of each month; 4.8 Maintain a tangible or electronic tracking-log documenting the following information for each medication distributed: 4.8.1 Link to the patient to ensure that it is administered or dispensed to an eligible patient of clinical services in an outpatient setting; 4.8.2 The National Drug Code(NDC); 4.8.3 Total quantity of medication dispended or administered;and 4.8.4 Reconciled medication inventory. 4.9 Maintain records of Program information establishing appropriate use of each Program medication--as records may be requested and audited by DSHS or for an internal review at any time to ensure compliance. Records include, but are not limited to: billing records, medication tracking logs,and relevant patient records; 4.10 Ensure all Program medications for treatment of STDs comply with current policies and procedures outlined by the DSHS HIV/STD Program, which can be accessed at: htti)s�//www.dslis.texas.kov/hivstd/policy/; 4.11 Ensure all Program medications for TB services comply with current policies and procedures outlined by the DSHS Tuberculosis and Hanson's Disease Branch in the Texas Tuberculosis Work Plan, which can be accessed at: hitl)s://www.dshs.texas.¢ov/idcu/discase/tb/policies/; 4,12 Develop and implement policies and procedures for Program medication tracking and distribution that are accessible to DSHS. Clinic may adopt guidance from DSHS or create their own so long as they follow Program guidelines and do not contradict DSHS'Program policies and procedures;and 4.13 Register as a covered entity in OPAIS database, maintaining registration each year this contract is enforceable,using the DSHS Program grant number for each program for which Clinic receives funding or in-kind contributions from DSHS. The OPAIS database can be accessed at: httns�0401bopais.hrsa.gov/. DSHS 00W d No.UHS001031800004 Page 2of9 5. Duration and Termination This MOU will commence on September 1,2021 or on the last date of signature by the Parties to sign this MOU,whichever is later,and terminates on August 31,2023,with the option to renew,by written agreement,in one-year increments,not exceeding a total of five years. Either Party may terminate this MOU upon providing 30 calendar days' advance written notice to the other Party. 6. Additional Terms and Conditions 6.1 Confidentiality. 6.1.1 Clinic will comply with the Privacy,Security and Breach Notification incorporated into this MOU as Attachment B. 6.1.2 Clinic will maintain confidentiality and not disclose to third parties without DSHS' prior written consent,and any DSHS information including but not limited to DSHS Data, business activities,practices, systems, conditions and services. This section will survive termination or expiration of this MOU.The obligations of Clinic under this section will survive termination or expiration of this MOU. 6.1.3 All confidential information requirements must be included in all subcontract awarded by Clinic. 6.2 DSHS Data. 6.2.1 As between the Parties, all data and information acquired, accessed, or made available to Clinic by, through, or on behalf of DSHS or DSHS contractors, including all electronic data generated,processed, transmitted, or stored by Clinic in the course of providing data processing services in connection with Clinic's performance hereunder(the"DSHS Data"),is owned solely by DSHS 6.2.2 Clinic has no right has no right or license to use,analyze,aggregate,transmit,create derivatives of, copy, disclose, or process the DSHS Data except as required for Clinic to fulfill its obligations under the Contract or as authorized in advance in writing by DSHS 6.2.3 For the avoidance of doubt, Clinic is expressly prohibited from using, and from permitting any third party to use,DSHS Data for marketing,research,or other non- governmental or commercial purposes,without the prior written consent of DSHS 6.2.4 Clinic shall make DSHS Data available to DSHS, including to DSHS' designated vendors,as directed in writing by DSHS.The foregoing shall be at no cost to DSHS. 6.2.5 Furthermore,the proprietary nature of Clinic's systems that process,store,collect, and/or transmit the DSHS Data shall not excuse Clinic's performance of its obligations hereunder. 6.3 No Cost.This is a"no cost"agreement the Comptroller shall not be obligated to make any payments of any amounts to Clinic or other parties as a result of this MOU.Any costs and DSHS C.ca No.HHS001031800004 Page 3 of 9 expenses incurred under the terms of this MOU will be paid by the Party incurring the cost or expense.No funds appropriated to either Party will be exchanged under this MOU. 6.4 Public Information Act. Information, documentation and other material related to this MOU may be subject to public disclosure pursuant to Chapter 552 of the Tex.Gov't Code (the "Public Information Act' or "PIA'7. In accordance with Tex. Gov't Code section 2252.907, Local Government is required to make any information created or exchanged with DSHS pursuant to this MOU, and not otherwise excepted from disclosure under the PIA,available in a format that is accessible by the public at no additional charge to DSHS. 6.5 Record Maintenance and Retention. 6.5.1 Clinic shall keep and maintain under GAAP or GASB,as applicable,full,true,and complete records necessary to fully disclose to the DSHS,the Texas State Auditor's Office, the United States Government, and their authorized representatives' sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules,regulations,and statutes. 6.5.2 Clinic shall maintain and retain legible copies of this Contract and all records relating to the performance of the Contract including supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable Stale of Texas requirements. These records shall be maintained and retained by Clinic for a minimum of seven(7)years after the Contract expiration date or seven (7) years after the completion of all audit, claim, litigation, or dispute matters involving the Contract are resolved,whichever is later. 6.6 DSHS' Right to Audit. 6.6.1 Clinic shall make available at reasonable times and upon reasonable notice,and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Clinic pertaining to the Contract for purposes of inspecting, monitoring,auditing,or evaluating by DSHS and the State ofTexas 6.6.2 In addition to any right of access arising by operation of law, Clinic and any of Clinic's affiliate or subsidiary organizations, or Subcontractors shall permit the DSHS or any of its duly authorized representatives, as well as duly authorized federal,state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract.If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include:the federal agency providing the funds,the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the DSHS, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority DSHS C.M.1 No.HHS001031900004 Page 4 of 9 6.6.3 If deemed necessary by the DSHS or any duly authorized authority,for the purpose of investigation or hearing, Clinic shall produce original documents related to this Contract 6.6.4 DSHS and any duly authorized authority shall have the right to audit billings both before and after payment,and all documentation that substantiates the billings 6.6.5 Clinic shall include this provision concerning the right of access to, and examination of,sites and information related to this Contract in any Subcontract it awards 6.7 Compliance with Audit or Inspection Findings. 6.7.1 Clinic must act to ensure its and its Subcontractors'compliance with all corrections necessary to address any finding of noncompliance with any law,regulation,audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review,or inspection of the Contract and the Services and Deliverables provided.Any such correction will be at Clinic's or its Subcontractor's sole expense. Whether Clinic's action corrects the noncompliance shall be solely the decision ofthe DSHS 6.7.2 As part of the Responsibilities, Clinic must provide to DSHS upon request a copy of those portions of Clinic's and its Subcontractors'internal audit reports relating to the Services and Deliverables provided to the State under the MOU 6.8 State Auditor's Right to Audit.The Parties acknowledge the State Auditor's authority to conduct audits of state agencies under Chapter 321 of the Texas Government Code.Clinic shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 6.9 Amendment,This MOU may be modified by written amendment signed by the Parties. 6.10 Chanee in Law and Compliance with Laws.Clinic shall comply with all laws,regulations, requirements and guidelines applicable to a vendor providing services and products required by this MOU to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the MOU.DSHS reserves the right, in its sole discretion, to unilaterally amend the MOU to incorporate any modifications necessary for DSHS' compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations,requirements and guidelines 6.11 Governine Law and Venue.This MOU shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions.The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County,Texas,unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the DSHS. 6.12 Dispute Resolution. 6.12.1 The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract.If the Clinic's claim for breach of contract cannot be resolved informally with the DSHS,the claim shall be submitted to the negotiation process provided in DSHS Conrrect No.HH8001031800004 Page 5 of 9 Chapter 2260. To initiate the process, the Clinic shall submit written notice, as required by Chapter 2260,to the individual identified in the Contract for receipt of notices.Any informal resolution efforts shall in no way modify the requirements or toll the timing of the formal written notice of a claim for breach of contract required under §2260.051 of the Texas Government Code. Compliance by the Clinic with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260. 6.12.2 The contested case process provided in Chapter 2260 is the Clinic's sole and exclusive process for seeking a remedy for an alleged breach of contract by the DSHS if the Parties are unable to resolve their disputes as described above. 6.12.3 Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by the DSHS,the Clinic shall continue performance and shall not be excused from performance during the period of any breach of contract claim or while the dispute is pending. However,the Clinic may suspend performance during the pendency of such claim or dispute if the Clinic has complied with all provisions of Section 2251.051, Texas Government Code, and such suspension of performance is expressly applicable and authorized under that law 6.13 Limitation on Authority. 6.13.1 Any authority granted to Clinic by the DSHS is limited to the terms of this MOU. 6.13.2 Clinic shall not have any authority to act for or on behalf of the DSHS or the State of Texas except as expressly provided for in the Contract;no otherauthority,power, or use is granted or implied.Clinic may not incur any debt,obligation,expense,or liability of any kind on behalf of DSHS or the State ofTexas 6.13.3 Clinic may not rely on implied authority and is not granted authority under the MOU to: 6.13.3.1 Make public policy on behalf of DSHS; 6.133.2 Promulgate, amend, or disregard administrative regulations of program policy decisions made by State and federal agencies responsible for administration of a DSHS program;or 6.13.3.3 Unilaterally communicate or negotiate with any federal or state agency or Texas Legislature on behalf of DSHS regarding DSHS programs or this MOU. 6.14 Sevembility. If any provision of the Contract is held to be illegal,invalid or unenforceable by a court of law or equity, such construction will not affect the legality, validity or enforceability of any other provision or provisions of this Contract. It is the intent and agreement of the Parties this Contract shall be deemed amended by modifying such provision to the extent necessary to render it valid,legal and enforceable while preserving its intent or, if such modification is not possible,by substituting another provision that is valid, legal and enforceable and that achieves the same objective. All other provisions of this Contract will continue in full force and effect. DSHS Contma No.HHS001031800004 Page 6 of9 6.15 Force Majeure. Neither Party shall be liable to the other for any delay in, or failure of performance of, any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform.Force majeure is defined as acts of God, war, fires,explosions,hurricanes,floods, failure of transportation,or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which,by the exercise of all reasonable due diligence,such party is unable to overcome 6.16 No Waiver. Nothing in the Contract shall be construed as a waiver of the DSHS' or the State's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the DSHS or the State of Texas. The failure to enforce, or any delay in the enforcement of, any privileges,rights,defenses,remedies,or immunities available to the DSHS or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.DSHS does not waive any privileges,rights,defenses,or immunities available to DSHS by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 6.17 Entire Contract and Modification. This Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations,discussions,and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extentpossible. 7. Authorized Representatives The following will act as the designated Representative authorized to administer activities including, but not limited to,notices,consents,approvals or other general communications to the maximum extent possible. The designated Party Representatives are: DSHS Clinic Melissa D.Tafoya-Cortez.CTCM <Full Name>Mary Alexander DSHS Contract Management Beaumont Public Health Department P.O.Box 149347 3040 College Street Austin,Texas 78714-9347 Beaumont,Texas 77701 Phone: (512)776-2643 Phone:<Phone Number> 409-6543525 Melissa.Cortez@dshs.texas.gov <Email>roaryalexander@beaurnoriftexas.gov DSHS Conimt No.RHS001031900004 Page 7 of 9 Either Patty may change its designated Representative by providing written notice to the other Party at least ten calendar days prior to the change. 8. Authorized Signatures By signing,Parties acknowledge that they have read the MOU in its entirety,agreeing to its terms. The persons whose signatures appear below have the requisite authority to execute this MOU on behalf of the named party. Signature Page follows DSHS Contract No.HHS001031800004 Page 8 of SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING DSHS CONTRACT NO. HH8001031800004 DSHS CLINIC By: By: Printed Name: Printed Name: Date of Signature: Date of Signature: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A--CLINIC'S PARTICIPATING LOCATIONS ATTACHMENT B--PRIVACY,SECURITY,AND BREACH NOTIFICATION ATTACHMENTS FOLLOW Page 9 00 DSHS C..l t No.HHS0010318000D4 ATTACHMENT A CLINIC'S PARTICIPATING LOCATIONS DSHS CONTRACT No. HH8001031800004 Clinic Name Address City Zip Phone Number Beaumont Public Health Dept 3040 College St Beaumont 77701 409-654-3603 ATTACHMENTS PRIVACY,SECURITY,AND BREACH NOTIFICATION DSHS CONTRAcf No. HH8001031800004 1.0 Definitions "Breach" means the acquisition, access, use, or disclosure of Confidential Information in an unauthorized manner which compromises the security or privacy of the Confidential Information. "DSHS Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to the CLINIC electronically or through any other means that consists of or includes any or all of the following: (a) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (as these terms are defined in 45 C.F.R. §160.103); (b) Sensitive Personal Information defined by Texas Business and Commerce Code Chapter 521; (c) Federal Tax Information (as defined in Internal Revenue Service Publication 1075); (d) Personal Identifying Information (as defined in Texas Business and Commerce Code Chapter 521); (e) Social Security Administration Data (defined as information received from a Social Security Administration federal agency system of records), including, without limitation, Medicare or Medicaid information (defined as information relating to an applicant or recipient of Medicare or Medicaid benefits); (f) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health R Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. 1.1 DSHS Confidential Information Any DSHS Confidential Information received by the CLINIC under this Contract may be disclosed only in accordance with applicable law. By signing this Contract, the CLINIC certifies that the CLINIC is,and intends to remain forthe term ofthis Contract,in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification, including without limitation the following: (a) Title 5 United States Code (USC) Part 1, Chapter 5, Subchapter 11, Section552a, Records Maintained on Individuals, The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988; (b). Title 26 USC, Internal Revenue Code, (c). Title 42 USC Chapter 7, Subchapter XI, Part C, Administrative Simplification, the relevant portions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA); (d) Title 42 USC Chapter 7, the relevant portions of the Social Security Act; (a) Title 42 USC Chapter I, Subchapter A, Part 2, Confidentiality of Substance Use Disorder Patient Records (f) Title 45 Code of Federal Regulations (CFR) Chapter A, Subchapter C, Part 160, General Administrative Requirements (g) Title 45 CFR Chapter A Subchapter C, Part 164, Security and Privacy; (h) Internal Revenue Service Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies, Safeguards for Protecting Federal Tax Returns and Return Information; (i) Office of Management and Budget Memorandum 17-12, Preparing for and Responding to a Breach of Personally Identifiable Information; (j) Texas Business and Commerce Code Title 11, Subtitle B, Chapter 521 Unauthorized Use of Identifying Information; (k) Texas Government Code, Title, 5, Subtitle A, Chapter 552, Public Information, as applicable, (1) Texas Health and Safety Code,Title 2,Subtitle D,Chapter 81, Section 61.006, Funds (m) Texas Health and Safety Code Title 2, Subtitle I, Chapter 181, Medical Records Privacy; (n) Texas Health and Safety Code Title 7, Subtitle E, Chapter 611, Mental Health Records; (o) Texas Human Resources Code, Title 2, Subtitle A, Chapter 12, Section 12.003, Disclosure of Information Prohibited; (p) Texas Occupations Code, Title 3, Health Professions, as applicable; (q) Constitutional and common law privacy; and (r) Any other applicable law controlling the release of information created or obtained in the course of providing the services described in this Contract. The CLINIC further certifies that the CLINIC will comply with all amendments, regulations, and guidance relating to those laws, to the extent applicable. 1.2 Cybersecurity Training All of CLINIC's authorized users, workforce and subcontractors with access to a state computer system or database will complete a cybersecurty training program certified under Texas Government Code, Title 10, Subtitle B, Chapter 2054, Section 2054.5192, Cybersecurity Training Required: Certain State Contractors, by the Texas Department of Information Resources. 1.3 Business Associate Agreement CLINIC will ensure that any subcontractor of CLINIC who has access to DSHS Confidential Information will sign a HIPAA-compliant Business Associate Agreement with CLINIC, and CLINIC will submit a copy of that Business Associate Agreement to DSHS upon request. 1.4 CLINIC's Incident Notice, Reporting and Mitigation The CLINIC's obligation begins at discovery of any unauthorized disclosure of Confidential Information or any privacy or security incident that may compromise Confidential Information. "Incident"is defined as an attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or Interference with system operations in an information system. The CLINIC's obligation continues until all effects of the Incident are resolved to DSHS's satisfaction, hereafter referred to as the "Incident Response Period". 1.6 Notification to DSHS. (a) The CLINIC must notify DSHS within the timeframes set forth in Section (c) below. (b) The CLINIC must require that its Subcontractors and contractors take the necessary steps to assure that the CLINIC can comply with all of the following Incident notice requirements. (c) Incident Notice: 1. Initial Notice. Within twenty-four(24) hours of discovery, or in a timeframe otherwise approved by DSHS in writing, the CLINIC must preliminarily report on the occurrence of an Incident to the DSHS Privacy and Security Officers via email at: privacy an.HHSC.state.tx.us. This initial notice must, at a minimum, contain: (i) all information reasonably available to CLINIC about the Incident, (ii) confirmation that the CLINIC has met any applicable federal Breach notification requirements, and (III) a single point of contact for the CLINIC for DSHS communications both during and outside of business hours during the Incident Response Period. 2. Formal Notice. No later than three (3) Business Days after discovery of an Incident, or when the CLINIC should have reasonably discovered the Incident,the CLINIC must provide written formal notification to DSHS using the Potential Privacy/Security Incident Form which is available on the HHSC website at htt s:Hhliscotinection.lihs.texas. ov/ri hts-ms onsibilities/otfice-chiefcoutisel/ rivuc . The formal notification must include all available information about the Incident, and the CLINIC's investigation of the Incident. 1.6 CLINIC Investigation, Response, and Mitigation. The CLINIC must fully investigate and mitigate, to the extent practicable and as soon as possible or as indicated below, any Incident.At a minimum, the CLINIC will: (a) Immediately commence a full and complete investigation; (b) Cooperate fully with DSHS in its response to the Incident; (c) Complete or participate in an Initial risk assessment; (d) Provide a final risk assessment; (a) Submit proposed corrective actions to DSHS for review and approval; (0 Commit necessary and appropriate staff and resources to expeditiously respond; (g) Report to DSHS as required by DSHS and all applicable federal and state laws for Incident response purposes and for purposes of DSHS's compliance with report and notification requirements, to the satisfaction of DSHS; (h) Fully cooperate with DSHS to respond to inquiries and/or proceedings by federal and state authorities about the Incident; (i) Fully cooperate with DSHS's efforts to seek appropriate injunctive relief or to otherwise prevent or curtail such Incidents; (j) Recover, or assure destruction of, any Confidential Information Impermissibly disclosed during or as a result of the Incident; and (k) Provide DSHS with a final report on the Incident explaining the Incident's resolution. 1.7 Breach Notification to Individuals and Reporting to Authorities. (a) In addition to the notices required in this section, the CLINIC must comply with all applicable legal and regulatory requirements in the time, manner, and content of any notification to individuals, regulators, or third-parties, or any notice required by other state or federal authorities, Including without limitation, notifications required in Title 45 CFR Chapter A, Subchapter C Part 164, Subpart D Notification in the Case of Breach of Unsecured Protected Health Information and Texas Business and Commerce Code, Title 11, Subtitle B, Chapter 521, Section 521.053(b), Notification Required Following Breach of Security of Computerized Data, or as specified by DSHS following an Incident. (b) The CLINIC must assure that the time, manner, and content of any Breach notification required by this section meets all federal and state regulatory requirements. (c) Breach notice letters must be in the CLINIC's name and on the CLINIC's letterhead and must contain contact information to obtain additional information,including the name and title of the CLINIC's representative, an email address, and a toll-free telephone number. (d) The CLINIC must provide DSHS with copies of all distributed communications related to the Breach notification at the same time the CLINIC distributes the communications. (a) The CLINIC must demonstrate to the satisfaction of DSHS that any Breach notification required by applicable law was timely made. If there are delays outside of the CLINIC's control, the CLINIC must provide written documentation to DSHS of the reasons for the delay. 6 July 20, 2021 Consider approving contracts for emergency standby products, services and debris removal BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 20, 2021 REQUESTED ACTION: Council consider a resolution approving contracts for emergency standby products, services and debris removal. BACKGROUND Request For Proposals were requested from nine vendors for a pre-positioned emergency standby products, services and debris removal contract to provide the City with the resources needed in an emergency event. Seven responses were received. Specifications allow for the contract to be awarded to one or more vendors as determined by the City on a primary, secondary and tertiary basis. The contract will be awarded for a three year tern with the possibility of two additional one year extensions. Vendors were required to have performed at least three debris removal and disposal operations of at least 1,000,000 cubic yards, with two of those operations performed as the prime contractor in the last seven years. Bidders were also asked to provide information outlining their company's background, organizational chart, list of subcontractors,technical experience, financial resources, training and professional experience,references, and mobilization plans. After evaluation by City staff, it was determined that the company offering the best value to the City was DRC Emergency Services, LLC. of Galveston,Texas. They have a background in disaster debris management and the financial resources to insure that the emergency standby products and subcontractors will be available to the City in the event of a disaster. DRC Emergency Services is recommended as the City's primary contractor. A secondary contract with CrowderGulf,LLC. of Mobile,Alabama is recommended and would be utilized in the event DRC could not provide the requested products and services. This vendor also has the financial resources and the background to provide the products and services should it be required. In addition, a contract with a third vendor, Ashbritt Inc., of Deerfield Beach, Florida is recommended as the tertiary contract in the event additional disaster services are required. A Criteria Evaluation Score Sheet is attached. Emergency Standby Products Services and Debris Removal Contract July 20,2021 Page 2 FUNDING SOURCE The budgetary impact of awarding these contracts is contingent upon the occurrence of a declared disaster and the degree of resources needed at that time. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, proposals were received for primary, secondary and tertiary contracts for furnishing emergency standby products, services, and debris removal, as needed, in the event of a declared disaster, said contracts to be for a three (3) year term with two (2) one (1) year renewals, and, WHEREAS, DRC Emergency Services, LLC., of Galveston, Texas; CrowderGulf, LLC, of Mobile, Alabama; and, Ashbritt, Inc., of Deerfield Beach, Florida submitted the lowest bids meeting specifications, as shown in Exhibit "A" attached hereto; and, WHEREAS, City Council is of the opinion that the proposals submitted by DRC Emergency Services, LLC, of Galveston, Texas; CrowderGulf, LLC, of Mobile, Alabama; and, Ashbritt, Inc., of Deerfield Beach, Florida should be accepted as primary, secondary and tertiary providers respectively; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the proposals submitted by DRC Emergency Services, LLC, of Galveston, Texas (primary), CrowderGulf, LLC, of Mobile, Alabama (secondary) and, Ashbritt, Inc., of Deerfield Beach, Florida(tertiary), for three (3) year contracts for furnishing emergency standby products, services and debris removal, as needed, with two (2) one (1) year renewal options, 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 contracts with DRC Emergency Services, LLC, of Galveston, Texas; CrowderGulf, LLC, of Mobile, Alabama; and, Ashbritt, Inc., of Deerfield Beach, Florida, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of July, 2021. - Mayor Robin Mouton - ..e.n.. CITY OF BFAUMONT,BEAUMONT,MXAS BEAUMON* PURCHASING DIVISION T • 6 • S • A - III CRITERIA EVALUATION SHEET RFP Nama: Ememenq Standby Protlun,Services,and Debris Removal RFP Number. TF0521-26 RFP Opening Dada: June 10,2021 Coal Pap.: Ten,WeIM,PumM1aainB Manager being elchO boaumonlexea my Phone: 409-SM3107 DRC Emerpe.y CrowtlerGUN,LLC AsbbrM Came Saracen,LLC EnWmnmaMal Sa--.,Inc. Galveston Tx Mobile AL DeerfisM Beach,FL Housbn Tx Nan GHMHa ISaz Pdr1N VerHa Viand. :. WIIGur 'VerMoe 1 rice and ast Rmmarce 25 23.3 24.66 23.33 2333 Q 2 Contmctaa bd,ty to arfidninm uimb work 25 26 25 25 25 3 Prioe 20 20 Is 13.33 13 ~ m 4 RNemnces 15 15 16 16 1386 5 OMe,co olual ou' ,d.na 15 15 15 15 t5 w TOTAL POINTS 100 98.3 9TAM 91.88 8999 TFR EnMprad..lnc KOF Enbrynaea, Global Emegem LLC Services,LLC Leanaa,Tx Spnngville.AL Beaumont Tx Mann 'cilml Nn Pdae. Valtlw Vaalor VINal 1 Ex,anenceantl past peftmance 25 2266 15 1333 2 Conlmclam abilft to Rom,mdrad work 25 2333 15 13,33 3 Pnce 20 14 12 9 4 Re pances 15 12 11 10 5 Mar wnha.I aMa.d.n. 15 15 11 1 as TOTAL POINTS 100 8699 84 47,32 July 20, 2021 Consider authorizing the City Manager to award a contract to SETEX Facilities& Maintenance, LLC for the Pine Street Caustic Tank Emergency Replacement Project BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: July 20, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to SETEX Facilities& Maintenance, LLC of Beaumont. BACKGROUND The Pine St. Caustic Tank Emergency Replacement Project will replace a bulk caustic chemical storage tank at the City of Beaumont's Pine Street Water Treatment Plant. The work includes related structural and electrical improvements for operation of the proposed storage tank. An existing caustic tank is failing and must be replaced. Pricing was obtained from SETEX Facilities & Maintenance, LLC through Choice Partners, a cooperative purchasing association providing cities and political subdivisions with the means to utilize services at competitively bid pricing. Choice Partners complies with State of Texas' procurement statutes. Based on a review of the quote, the Water Utilities staff recommends awarding the project to SETEX Facilities& Maintenance, LLC in the amount of$102,301.60. A total of thirty (30) calendar days are allocated for the completion of this project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. SETETE wqq FACILITIES a 11WMTlNAND! Ift 5aen9th In Cmsft Don' P.O. Box 2065B 623/21 Beaumont, Texas 77720-0658 John Pippins City of Beaumont 0 (409)842-8181 801 main St. 4 (409)842-2274 Beaumont, Texas 77701 dt se(ex@selexcOnsWC .t selexco I apron m project: "COB Pine St. Caustic Tank Install" Subject. "Proposal" General Contracting Dear Mr. Pippins, Job Order Contracting We are pleased to submit our proposal utilizing our 201017MR-17 Choice Partners JOC Texas Contract based on local CCI and our coefficient of.89. Proposal Recap: Fecolides Maintenance • Install storage tank including appurtenances and accessories. • Chemical piping,valves, and appurtenances. Commercial Concrete tank pad including concrete preparation. • Delaminated Concrete slab section replacement, including saw cut and concrete preparation. • Install(Owner furnished tank,controls,and attachments). Industrial • Including pvc piping,connections,and valves all with aluminum wrap insulation. • Electrical is based on all instruments to be furnished and calibrated by owner. Government • Owner to produce controls programing for PLC. • Excludes responsibility for underground obstructions. • Furnish and install cable and conduit. Healthcare Proposal Cost $ 99,806.44 Bond(if applicable) $ 2,495.16 Total Price $ 102,301.60 Infrastructure Exclusions: Unforeseen hems beyond specified scope listed above, overtime, and liquidated damages. Corporate We estimate approximately twenty(20)working days to complete upon material delivery. This pricing is based on recommended work hours of Monday thru Friday 7:00 am to 5:00 Educadon pm. Once accepted this proposal turns into a lump sum contract. Please contact us at 409-842-8181 at your convenience to discuss this estimate. Performing Arts Respectfully submitted, SETEK Facilities 6 Maintenance, LLC. Historical Michael Waidley Project Manager 00x servxr 2rmm Preliminary Estimate, by line item Laster RaMrow SETEX Facilities and Maintenance,LLC 201017MR-17-2020 Choice Partners(JOC-IDIQ)Other-Basic Contract Year 19 !9a .212612020 to 2125=21 COB Pine St.Caustic Tank Install-21-0095 Estimator: Lester Renfrow Summary of tagged estimates... Division Summary(MF04) 01-Gelwml RewYamenta $21704.68 26-EWl l s51941 Ed H 02- Mim COMBkna 395400 2]-00RwnVnk*B(xM 03-00m $15581 01 28-Eedrolic Sakti art Seaumy 33 650 DD 04-Meson 31-EsnMvork W-Melds $l,m5. 8 32-ExMdor 4nmve m OB-Wood.Plasllra.art ComOoaiba 33-UBMes 0]-TMrmal ark mmshos PrMaaeon 34-ttanwata0on W-OasrWka 35-WaMnvavend Marta Transaor Wn m-FINNks 41-M al Procasslm and Harldrm EaWomenl 10-Soedal6es M-Paaibn Gcnm EnWP.M 11-EaiomeM 46-W&W and WaelewaMr Epps m 12-FMniM 46-F]ecbc Poser(3enarallon 13 IC.mk 96 06P $M.w 14-Cwvekm Ewkmml Trades $1 2]050 21-Rm Sugme Ww A MlAies 22-Pkandre 12838950 FMR 23 Hedhng,Vera and Ak-ContlilloN (WAG) 1880.00 WHWTofa1(W .t latsllim comoonan4l $131.45]a] 25-Inleor Auia n --- Totalling Components Priced Line Ik1ma $131.46].6] 2020 Cluka Penn JOC-IDIO Np l (-11 0000%) $02 33564) RSMeans BEAUMONT TX CC12021Q2 85.30% $(12 904131 RSMeans BEAUMQNT TI(CCI 202102,WM% 11 42t 66) Nmmnaed Line Items Material,Labor,and Equipment Totals(No Totalling Components) PdwdlNon-Priced MakOal: $42.358.15 Toed PdoxI We: 145 $131,4 .8]E� $8.8 T l nw Im 0 10.00 a m% pPal 2.B8 Osr 148 $131, 87 Laawaws W309 Green line IMma:18 912,155.02 Grand Total $99,806.44 Nn 23 JUN 2WI12:45PIA v2.641 Pagel all COB Rm 81.Came:Tank MUM-21-095 Preliminary Estimate, by line item Estimator. Lester Renfrow Combined estimates... Item Oa=lption UM Quantity Unit Cost Total Book 01 -General Requirements 1 0131-13-� Fidd pewomai,superintendent,average Week 3.0000 $2.325.00 $8,976B) ,Sealt` c P e 3-3.00 2 015 11- 0- Crane aew,daffy uee for small jobs.55-torr 4ud1-maunletl hytlreuac crane.portal Day 1.0000 $3,100.00 33,1W.W aSabrac p to pplal 4E, .1 3 0154-33-10-11 W-1 Hourly cgereurg cool ter rent core 1trWk ebcbk,2.5 H.P.1's 8'bg Osmebr Ea. CM100 $1.74 56.96 a9M+rA P E, WP 4 015 -33-10-1100-2 Rend per dry fa rend cue ddW,ebadc,2.5 H.P.1'b 8'MI tllanretu Ea. 1.0000 $91.85 --- $91.85 'F� P 5 Ot-543316212P1 Hourly ope being best sr rend pump oanaele truck mounted 41N WO'boom Ea. 8.0000 $34.36 $274.88 MARL 4C P 6 016 -33-10-2120-2 Rare per day for rent pump co0crtle huc*mounted 41ina 801roan -_ Ea. --- -- 1.W00 5319.00 $319.00 soaoll� P 7 01-543340IW941 Hourly operMng mat for rent loader,Skid steer,wlMebd,1 CY 78 HP,tlteael Ea. 18.0000 $18.60 $297.80 asralrrc p 8 01-54-33-2 41190.2 Rand par day for rend loader,akW steer.M led,1 CY 78 HP,lariat Es. 2.0000 $4N.00 $99 M mes"' rc P E. a 9 01-54-33-20,4897-1 Houry operadn9 awl for rend sWd steer aftabI m nt.concrete hemmer -- Ea. _- -8.0000 31.06 $8.40 ass",, p P 10 01-54 33-21gQ97-2 ReM per dry for abet skW slsse agachmen[.1a hummer Ea. 1.0000 - --- $18100 $183.00 Idb7+r� P E, e 11 01-M-3340d410-3 ReM per Meek for rent tale)pombe cnemieal Ea. 3.0000 $70.03 $210.09^ssnFc P E, a 12 01-54-06-50-14p0 MobiaelbmwdemodYulbn,de0vaych a WuluWm .Nu m20-lon Ea. _-- - - 2.0000 W91W "".w nswct,w P capacity!erred Was, 1.E a 13 01-9g0 50-8610 Mmmg egdpment,gwud equlpmeM,sage ---- _ Ea. 1.0000 $7,950.00 $7,9W.W as 1. P E, WP 01 -General Requirements Total -----� -- _---�_-- __-- ----_----- 521.704,66 02-Existing Conditions 14 0241-141MW40 S,MWNe den Ww,mbb ah Wd".d mpsW,,40 C.Y.,10 ton wpacgy.Meaklyweat, two0 $775.W $775.00 8SMJIFl name.Includes ore dump pu Meek,best b be added b ciamam lti mat W e P 15 0241-1419-2005 Sabctive damaWan,iubbiah MMWp,0-SV heN,bed,Nut,dump and relun, C.Y. 2M33 S%w S40.W maM M P wheeled at to Ire added s dem0lAVon cost 1. a (7.5'7.5AIr-2.06 16 02-41-19-20-0300 SdeaNe toreador.dump a gpas,typical urban sly,mbbiah only,includes Tan .--� 2.00W --- $89.W S139.00 RSMHFa P upping fees only M. w 02-Existing Conditions Total $954.00 PNsd 23 JUN 2021 12,46PM 08.641 Page 2 of 11 COB Pine St Ca alc Tan lmtWI-21-0095 Preliminary Estimate, by line item Estimator: Lester Renfrow Combined estimates... Item Oescriptlon UM Quantity Unit Cost Total Book 03-Concrete 17 03-05-0310.0070 Sekcgw Concrete Conceaan,newdomng more than 2%crone-sectional wen. C.V. 2.0833 5268.50 6559.37 aauz+Frc P beak up into small mhos,axtladas ahoM1q,bnorW,sew or lwch m0ig, f e loading,=2.08 dumping,tlungk 18 0305-1320�0300 Conweh surhm trse0rcnt.bolking agent acrylic Wes.250 S.F.per also,5 Gal 1.0000 521.m $27.00`aaYa+Fa P gallon pail.inclawes material oni, M. e 19 03-0 0-0 5-132300 Cwlwela mHam Inehnenl,bondrp ce,apa aay0c hfea,250 S.F.per gWbn,5 Gal. 2.4818 527.00 588.4] M,asu e+Fa P gallon pat 8rtudse maledW Cody 615 44250=2.46 20 0311.13-851500 C.I.P.cononaa loans, P.radial,wrveE,below grad•,Job We oyW ,oaer W SFCA 43.960) $1023 5449.71 inahnl`" P to 16 HgrI,2-dwrds,1 em,includes eredlrlp.Mealg.Wpp ft anil deal 14.3.14•43M 21 0315-M30-8600 re e.9e.Iw relntoldre aletl,t6 gauge.Mack amaa W Cw1. 0 2500 t163.00 $36.25 asat"FAc P M. B 25=0.25 22 0.3-21-06-1e1220 High WBs.for nlnk ang shad,Individual INC),plain steel,e'high,Indldea C OVW $83.00 $53.12 aiSlICH m P aTany .M, sen o9•a e4 a W-0 it _ 23 0321-0 10-1M() High Chain,for ralniwore steel,kdMtlual(HC),plain awal.W high.YrJuilea C _----- 3.6000 $83.00 $29l-s IFAc P mania only Gm Y, a 3601100=3.80 24 0321-11-5041502 Rembrdn9 Peel,lo phm,slab on grade,S310 M!,A815.Bntle B0,and labor b LD. 92.1mo $1.07 $98.84 asezlr°c P acrosawha,MCImehdel foracoessaries am e L e 25 0321-11.60-0602 Reinb ng sleet In phm,Wab on grace,a3 to dl.A815,gmd N.M labor fw W. M1,0368 $1.07 $246.14 MwlF P cese accrlee,ead waviial W acceaewlas canal a (1400•BB+M)'2]8)'1.15=2W.04 26 0321-11-604602A(00 Re mclrpsWO.inplc ,underl0tmjW,d3to S],add(MWIWUdre0321 Id. 92.1840 $021 ;l,W as-F1c P M.L B -11-80-1000) (169.5'21'.66B)•1.15=92.18 27 0421-11-60-0602-1000 ReNlomip skY,MPhm,untlw l0 tan ka,i3 to s7,add(Modlaad ualrq 0331 Lit. 230.0368 50.21 W." all P .11.60-1000) Ki- a ((400+88+N)'.3]B)'1.15.230.04 28 0321-11-6p2410 Relnfwdng Yea,In place,dowels,delortmd,2-Im9,1114,A615,grade 80 Ea. 420.0000 $4.07 Se,709.40 aaINIF^c P G M.L OaP _ 37eaa•dm.m 29 0321-11-6e2520 Renforcklg Wed,in place,dowels,smooth,tY lon diam ,MIS ,grade Ea. 36.0000 $9.08 SM."asMxlFac P � g,BIB' Gn 4.L a 9'4.W 00 Printed 23 JUN 2021 12.45PM v2.641 Page 3 of 11 COB Pine St Cauetic Tank Inund-214095 Preliminary Estimate, by line item FF.stimator: Lester Renfrow Combined estimates... 03-Concrrde Item Description UM Quantity Unit Cost Total Book 30 0330.53.464700 Structural concrete,In plain,slab on grede(3500 psi),W thick,induda s fams(4 C.Y. 4.1667 5239.00 S9e5.84 nano. P uses).Grade 60 mbar.concrete(Podlend cement Type 1),and platI g,exdudea fWahag (V,5'1.5)' )127=4.17 31 03.30-53 14 900 SbucWral muss,n Plain,slab on grade(3500 pd),war 10000 S.F.,12'hd,.SF. 706.5000 S7.50 55,298.T5 RswilEwc P indudea WlVete(POnlar d centers Type I),Pledn9 and!finis 11ryJ.excludes torn and reNbrdng (15'15)'3.14=798.50 32 0331-137� structural concrete,"cM.slab on grade,punped,over e'tdck,Includes C.Y. 4.1667 $29.00 $120.83-M P lengsM(stake off)S mncdMation,excludes malenal L'E ((T.5'r.5)'2y27=4.17 33 0"I-1370.5100 Structural corcrde,p.adn9,weds.Pumped.ir Pecs,eMudes leveling(aPie C.V. Altair 548.50 $1269.w Kris'- P OM 8 minolWatlon,exdudea mWeriel ((15-15)W4)27=26.17 34 0381.115C0500 Cancrele sawing.mnorele slats,rm reinforced,up to 3'deep,hdudee blade L.F. -_-30.0000 s2.51 ST5.30 Inner. P coat,layout end ad uPPme u.EE e 7.5.4-MM 35 0381-1}50A500-0520 Concrete sawing.mnvete,erbfvg slab,red relnlwced.to aadl adtl8bul Irsds LF. W.(M) $0.84 $25.20 Mu21"C P ddeplh over %ndudes Made coal,layout and ant uP Pine(MOd esi uakg 03- 81.1380-0520) 7.5'4=30.00 36 03.82-1310 30 Condai core china,leis for mn dnl,diamoM,preniun,4-dagger,induced Ea. 1.(p00 5222.00 sm.00 REs wv P ks d WN line lems a. nR _ 37 03.82.16-10-0100 Connate brgad dNkn,for anWrs.up to C D,114'ft.In donate 0r brick Ea. 4.0000 59.35 $17.1 a9Ye11- P wale am floors,includes d1 coat,layout and eat LOP am. anchor s.L our 38 0342-16-10.0300 ---Concrete lmpael ddlling,for snchon,up W 4'D,1M'die,in concrete or Es. s.00o0 ----_$14.00 $112.00 Rassunc P brick sails and noon.Includes lea cost,layoW and sal up lime.excl a.E oss NCMr 39 03-82-16-l"Q0 ----Concrete Pryed drl".for tudn rs,W to 4'D,d8'Ills,in concrete or dick Ea. 36.0000 $9.16 $330.48-SWIFOC P walla and Boors.Includes oil mst,layout eM set up Pme,exd anchor a L, a 9'4=36.W 40 03d2-16-10-0400.0450 ConuMa impact ONkng,far anduore,5/8'da,Bf concrete or dkk wells and Ea. T2.0000 $1.84 5132.48 IUUMUma P nods,Include,bit mat,layout and eel UP Una.exd anchor,for each addidi inch d depth In same hole,add(Mo&W seine 0382-16.10.0450) Plus 2- M8 =72.00 41 03-82-16-1c-owo Corcaete 4nped dribg,for tendons,up b e D.SIC da.In condole or bock Ea. 420.1M) $9.81 54,120.20 Rs d'W P wags and floors.Includes lei mg.layout and set up turns,exd actor a L. 0 376H4=420.00 Prhded 23 JUN 202112:45PM v2.641 Pepe 4 0 11 COB Pne St.Caustic Tent,Instill-21-000 Preliminary Estimate, by line item Estimator: Lester Renfrow Combined estimates... W•COncnb Item Description I.M Quantity Unit Cost Total Book -_-03-Concrete Total_-- ---- $16,01.01 05-Metals 42 05.05-19-20-03W ArcAor,expamlan sttiekl.zk1c,1M'tla x 1.3R'L tlouble,a coxreb.Mirk ar Ea. 4.0000 $8.65 $34.80-Iw P dote.exd wyaW a doMng em M.L. osv 43 06-05-19-2041300 W Wga ancM1or,urban east,lR"aw x]"L,In mnereh,arkk or ahrw, Es. 8.0000 $7.70 W."wclr4c p axcl layout a analog 9 KN ow 44 05-05-23.10-GMO Bolt,Mx Matl,pea steel,I14'ale x l'L,A30'/,kid Mt&asuW Ea. 4.O000 55.75 $23.00 roc 'Fl P MLaI WF 45 0S-05-23-104)200.31 W Bdl,hex Matl,ax•J wl a washr,far 9dvanaed,atltl(MotliBetl ua'vg 05-0623- Ea. 4 OOW $0,13 $0,52 IwMnrna P 10-3100) _ Y' 46 05084}10-1100 Balt Mx MW,plat.sisel,In'al.x 1-12'L,A307,Ina]nut a washer Ea. 6.0000 $6.05 $55.60 awN1v4L P Omka. pav 47 05-12-23.4041600 Chanlwl freming,structural asset,8-and(rear,Ask!hbdcalsQ Intl CYtalg W. 124.2000 $5.0 $738.89 aal 1- P aNNoe aaF 6 waWin9 20.7-6+12420 _ 48 05.15-16-05-1510 woe ropes ba.Mavy duty,ln' -� � --- Ea_-_----4.WW $12.10 $48.40 asustv4c P fort M,L, aSV 49 05.151695-16W Wire rope dip,1W the Ea. 8.0000 $13.70 $109.60 851121vAaW> P 50 05-15-IM5.22M Was rope tumbuWe,jaw 81aw.I2x12' Ea. 4A000 S41.50 3186.00 Bsuzlpacov P 51 OS15-1&50-0350 Steel wits raps,gdvrlaaa,In,MARC,Bx19,5000'rob x 1f2'as LF, 75.0000 $1A3 $10715 NWUlsac P .K Oap 05-Metals Total $1,345.56 22 -Plumbing 52 22-05-23-60-1280 VoWs.pautc.PVC.ba0,buts wicn.socket or threaded,2- Ea. 2.0000 $19/.00 $3",M MWFAc P M,L, W 53 224)5-2160-1280 Valves.plagic. ,bak true urlon,socket or threadetl,T Ea. 2.00W $197,00 $394.00 a51WM P N L. Oav 54 22-05-21661280 VaNes,pladk,PVC.W.true udon,socket or ihweaea.r Ea. 2.W W $197.00 $39a.W FMQ1 me P qL OV 56 22-os2 I WO VeNes,peak,PVC,W.true unk n,so xd or iMeacetl.r Es. 2.0000 43110.00 S720.W aYSrr]1w P 56 22-06b 10-1122 Piping system iaerd$cation abets,pipe comets,]Mlcate cc,AaM and Am Ea, 1O.COW $11.50 S175.W�1w -�P axec0a],sa0adaesa .6-pipe 51 22-05 ID-1124 Pipkg system YJen(Moa9on abets,pipe markers,indicate cadems aM flow Ea. 10.000D-_ -S20.50-_ S205.W a3M21. P k L, nap gredk.,sekadnaslve,8'pipe Printed 23 JUN 2021 12:45PM v2.641 Page 5 of 11 COB Pine St.Caustic Tack ImhB-21- 95 Preliminary Estimate, by line item Estimator: Lester Renfrow Combined estimates... 22-%umbinp Rem Description UM Quantity Unit Cost Total Book 58 M-D5 3-10-1126 PIPng system alersifica ion labels,pipe markers,insole contents and flew Ea. - - -- 10.0000 -_ 522.00 $220 00 asean. P tlkxlbn,elf adbeelva,t0'pipe N.L OY 59 22-07-19-104306 Insulaflon,pipe(price copper Wipe one site kale man I.P.S.),WUw Boas. L.F. i2o.0000 $38.00 M4,56O00 nee7AC P Gm Y.L. OW closed ask foam,0 anke jackal,aalem.0 water vapor transmisstransmistransmission,wo n, rkkg lemperelue(A50 Dag.F io<900 0.y.F),1-t/2"wall.3'Iran pipe sae,ntlurlvs seMard 60 22-07-1610A308 Insuletlnn,Pipe(prim capper tube one site less In.LP.S),Callus,Blass,---L F. 60.0000 -- $43.50 $2,610.001 'IFIC P le etlmilroam,afleervke jacketseal).(,0 .vapor trusm sce,I dudes am M.L om Iempe,elue(-450 Oeg.F W s900 Dep.F).1-1rC sal,4'iron pipe Nze,nrY,0es ealanl 61 22-07-19-1 0-4310 Insulation.pipe(prim copper tube am size kale Ran I.P.S.),celauw Blass. L.F. 20.0000 $45.50 $910.00 n QIFAp P closed cell foam,a service lacket.scalars,0 water vapor Vaumbebn,sa an g cm M 4 ow sea a(A50 Deg.F to t90p De9.F1,1-1/C wW,5"von pipit sae,n4tlss sealantleN _ 92 22-07-19A0-0430 Pipe Yauation.proactive laciacing,a4minun.natal roll,akvnkam vMb LF. 120.0000 $13.60 41,632.00 RRM21W P potykraR moleture banns,amoatb,.018'thick.T'ID.cW ham roM pooch,size based on OD of hsulation 63 M2 07-19-40-0460 Pipe nsusbon,praaetivejacke0r9,s"raan,mew roM,alumnum Wib LF. -WOODO 514.W 5878.00 asezZ P po2yWaM nwmlae banner,amooM.ote'thi .8'ID.as frmn roll goods,size M.L. oar based on OD of IlaWatlon Bd 22-07-19-460460 Poe nwnlost re barrel,larketnB,akYNnum,maw ror,own rol goods. L.F. 20.0000 $15.45 $308.00 R514a1OW p p usd a W of dab amodh..018'Ihkk.9'ID,cW Ran nor goods.size Y.L, osn based on OD Of kuuafion 85 22-07-19A0-1280 Pipe ro W. sure aced on On rsul lion m,RIYe coven,90<lA eeow.2 Ea. 10.0000 $2T.00 5270.00 nsexlPac P Place.B',aim been on 00 of ineulatlm M.L. ov 68 22-07-19-40-1310 Pipe nsWetlon,prolectivelackeltg,aWMnum,fiarp comas,BO<LR eOow,2 Ea. 10.0000 $34.00 $340.UD-oir P pace,T,slze head on OD of insulation _ _ 67 22-07-19A0.1340 Poe nsulatlon,prolectivelaualrp,eWmiraerL More covers,90<LR eeow.2 Ea.- -----_- 3.0000 S36.00 St OB.OD R&CnFAC P Pecs,W,site based on 00 of Wtildon M.L. mP 68 22-07-19 1380 Poe Muafion,pro6 clop,jac eetB,al u inurn,Mltlng coven.90<LR sooty,2 Ea. 4.0000 $53.50 3214OO R 'FNC P pace.B',she bared an OD of inaWabon s L osr 69 22-0M- 2160 Pie nwleflon,proactivelarketn9,esanlnum,eMrg covers.45segree albOw.2 Es. 3.0000 $29.00 6e].DD RRY21r.1C P place,r.sae based on OO ofnwafon M.L osr 70 22-07-19 3150 Pipe nsuaban,prntecm,jacketing,akamum,Mang m ,tee,4 pace,T'. Ea. 4.ODDO----_S71.60 __ S2a "RMcnFvs P size bead on OD W kuWalbn N.L Oar 71 22-07-19-40-3150 Fps kaualivn,pray wlackafln9.aWnawm,fi0m9 covers,lae,4*as 7', Ea. _-----f0.OW0 S71.50 3715O0 RSY21PX P sae based on OD W k sslauan MA. OaP Prirded 23 JUN 2021 12:45 v2.641 Page 6 W ll COB PIm Sl.Caadc Tark ICI-21-DOM Preliminary Estimate, by line item Estimator: Lester Renfrow Combined estimates... 22-Numbing Item Description UM Quantity Unit Cost Total Book _-....__. 72 32-0]-19a031]0 Pipe Insulation,phmecll a IackeOng,eumnum.thing covers,We.4 pace,8'. Ea, 1.0000 S78.5o S7&50 eslrzlFa P LIX Intl on DD of in.ulation M.l w 73 22.11-13<]-0630 Gasket ant opt set,for 8wgea,150 to.r ppe Was Ea. 4m00 s74.50 5288.00 a&M2'M P 74 22-11-13-74-1120 Pipe,plastic,PVC.hgh Impact"easure.r diameter.sc!"l:00.ndudas L.F. --- 120.0000 $44.50 as,3/o.00 aswzlM P coupling,1 V OC,anal hangem 3 per 10' N,L. . 75 22-11-13-74-1140 Pipe,panabc,PVC,high impactIpho e.r ctounater,acbadde 80,bdudes L.F. 60.0000 562.50 53.]50.M asuslrrc P couplings l V M.anal hangers 3 per l V W.L. osP 76 22-11-19-74-2540 Plpe,pMfic,PVC,a diameter,schedule W.ncluo.c.upkV.1 V OC,anti---LP 20.0000 $52.M St,050.00 met zt P Ilargers 3 per iV ]] 22-11A1 71F21]0 Eli..90 Deg.,pastitic,PVC,aocion lain,2'.schedule 80 Ea. 10.0000 $57.00 5570.00�Z P N.L. O.P - -- 78 22-11-1&]62180 .--_Eo ,90 Deg.,plastic.PVC,soCeet join ch.T.sedule 80 Ea. 3.0000 w $102.00'____ 5306.OD^s+rz'rac ... P M.L. OV 79 22-11-13 76.2190 Ebm.90 Deg.,plastic,PVC,sepret)OK 4',atlrdule 80 ------_ Ea _- 4.0000 $137.00 5548.00 RSIXhM P 4L GAP SO 22-11-13-78-2320 Eli..45 Deg.,Feelk.PVC,actl el lon4 3'.adledJe 80 Ee. 2.0000 $1 0.00 5280 00 naszrrK P Y.L. CVP 81 22-11-13] 2470 T.,poetic,PVC.socket lool.W.scheduw w Ea---_--- _-_ 2.0000 $162.00 $324.00 wLrzrrm P M.,- OV 82 22-11-1&7&2526 Flange,plastic,PVC,socket lokd,1500.,T.aMe0ule 80,exclul gukat anal Ea. 4.0000 $63.50 5214.00 6suvzac P boll sal _ 83 22-11-11]0-]600 Union,plastik.PVC,eoWtl joint.r,acted"40 -- Ea. 2.0000 $106.w 5212.00 asuzrres p M.L, pV 22-Plumbing Total 526.389.50 23-Heating,Ventilating, and Air-Conditioning (HVAC) 84 23-0 90-1680 Valves,Me riess ateel,one.mreaded.2' Ea. 4.Mw $420 W 51.880.00 anYnrac p AL. OW 23-Heating,Ventilating,and Mr-Conditioning(HVAC)Total 51.fiso.op 26 -Electrical - _ -- 85 2605-1340-0800 Cable lermnepola,kalow,IluulYbn Wameor renpe.5 kV,1.Q5'Io 1.8',peal Ea. 0.0000 $139.00 MALMM p mount 3'0=0.00 86 2"- 13-IMM Cattle,imp nalkna.iMoor,imulelim diameter range,5 kV, 1.OS to I.W.pad Ea. 0.0000 $139.00 PSu2lf. P KL. oV 10'0=0.w Protect 23 JUN 2021 12:45PM v2.641 N,7011 COB Pine 61,CaLa6 TaM IrereB-21-0095 Preliminary Estimate, by line item Estimator: Lester Renfrew Combined estimates... 26•Electrical Item Description UM Quantity Unit Cost Total Book 87 26416-1&1&18W Cable ter htlom,ouww system,5 kV,"abwdW 0110 etrar Ea. 2.M0 SM5.00 M10.00926MIFI P Wl, pP 2-2.00 88 26 13-10-1800 Cade t natWe,outdwr syrtems,5 kV,e4 ztrw to IM WmMed F_e. 3.0000 $205.00 $815.00 aea21FAC P Y.L OlP 3=3M 89 2&05-13-1&1800 Cede eem tione,ou w eystems,5 kV,M straMW m 1M Warded a. 10. 0 $2M.00 62.050.00 a%c' xc P WL MP 10=10.00 _ 90 28-05-134&1800 Cade wrnWO.outdoor syWvem 5 kV,H sbaMW M 1M WaMW Ea. 15.00W $2M.00 $3.075.00 WAc'Fx4 P W L C6P 16=15.00 91 2 19-90-1200 Wire,copper,sbantled,800 Mt,#12,type THWN-THHN,normal MWIndon C.L.F. 20.OW0 $91.00 41.820.w P wndidwe m wrexay,coMWL cede bey W L OAP 2MY100.20A0 92 28-05-1P80-1400 Vft,wpW.abar .SM v t.A.type THWN-THHN,normal Insbelation C.L.F. 3. 0 5220.00 $880.00 RS`R'F^ P 1W-3 s M wbew wtl ey,cu8,cede tray N.4 CaP 30N100 S00 93 2641&2&1&0030 Co."cede,capper.THHN W re wbh PVC pdk 800 V.3 apes,514 C.L.F. M.0000 $161.00 $3,220.00 n6M21F/,C P OiP 2000N00.20.00 94 26-0 2110 0 30 Cmwml cable,wppw,THHN Wre wkh PVC farkel,800 V.3 abes,e14 C.L.F. 50.0000 $161.00 $8,0W.W R8621FK' P N.4 QaP 5000'100=50.00 95 2MS-29-2&3755 Metal Memel,akenM=.2'largM,12C%k 15 x 1-WV Ea. 2.0000 _-- 514.00 $88.00 PbQZ P u,L oeP 98 2&0"2 20-3MS Metal charnel,aru .,W b 0,12GA,1316's 1318' Ea, 2.0000 S87.00 $174.00 e%s 'W P M.L MP 97 2&05-2&20 M SM,,NeW Mmel,EMT,1'dwm - _- -_ - Ea. 20.O -- $2.T $55.40 BBrFFIFw P x.L osP CMLI 98 26-0 33.13-0500 AYNNnYm c iak,W4'tlMrtaier,W 10'H,Intl 2 fte i W..2 eeowa.11 beam L.F. 200.0000 Illtm 52,340.00 caN ra M P tlamps,eM 11 CaWags per 1001E 99 2"-0 33-i&0500 AMmMum wMur,3/4'6ametw,Io 10'H.Mc121emYnatbm,2 elbows,11 beam L.F. 400.0000 $11.70 $4,680.00 FSIQiFaC P damps,am 11 Co Ica 9s per 1001E N.L. ow 100 2645-33.13-0700 AM w c uk,l'd'umeler,td 10'H,Ind 2 tenor al s,2 ee ,11 beam L.F. 100.0000 $13.20 $1'Mo- 0 n6a21FFL P tlemps,aM 11 cwp[UVs Per 1 W LF Y.l, oeo 101 26-0&3&13-1200 Arxnhwm cwidtluk elbows,WC dlamerer,0 la H Ea. 6.0000 $51.w 5308.00 RSW2lFn P M.L MP 1W 26-05 3113-1 2 0 0 ANmbwm will ewdwe,3I4'diameter,N 10'H Ea. 12.= $51.00 $612.00 a 1P.1C P 103 28 331&1230 MU c=IuK ibawa.1'd'umeW,W17H -- --Ea.-- -- &MO ---$39.50 M7.00�s W P Pdr 23 JUN 2MI 12:45PM v .641 Page 8 of 11 COB POe SL CauM Tank ImtaB-21-WOO Preliminary Estimate, by line item Estimator: Lester Renfrew Combined estimates... 28-Electrical Item Description UM Quantity Unit Cost Total Book 104 28.0&3}t}14W Agmkwm tanOWl coudinps,3l4'memetar,bl0'H Ea.- 10.0000 - - $7.10 $i1.W as-"' P Y,L, C4P 105 28-0&3}1}1450 Aluminum corftlW couMifpe,3H'Nemotn,b tOH Ea. 20.0000 S7.10 i142.00 asMx+PAG p IN 2"-0 33-111470 Aluminum conaua ccupllnpa,l'tliemaWr,b 10H Ea. 10.0000 3815 581.50 olu+FW P M.L. MP 107 28-05-3}1}4440 EMT-LB,L m LL fithfgs vMh wwm.wt eaew,l-diamaler,b 15 H Ea. 4.0000 361.W 5264.00 meon;,A P Y.L. MP 108 2&0&3}1}7640 EMT-TMWf9svi wInln,setscr 1'tllokmau ,blS'H Ea. 2.0000 STS.W $151.00 P ILL. QLP 1pB 2Sp5-3}138340 EMi 1 ifola dbs,1'tllemebr,io 15 H -- Ea. 2 0000 $2.32 51.64 RS10+PA0 P RL. MP __ c - __ 110 2&p5 Img10 EMT Coxes connectors.insWaW cornmeal steel,WM diameter,b 15'H Ea. _-- 2.0000 -----$7.80 -_ i15.W uu�+ P o"M nub III 2M-0 3}13.8910 EMT bolas connewlon,beulaWtl compression,Ideal,W diameter,W 15-H E•. 6.00W $7.80 546.W�A L F Z P Fryers hub 112 2&0&3}13-8920 EMT boos carvedas.IfsWaaE canpaasion,sisal,l'tlfamaty,b 15'H Ea. 2.00W S9 60 $19.Bo PSYi+FAc P Y L oIP Inyere hub 113 2fi0&33139120 PVC cortlWt.sUrtlub 40, 1'demeler,l010'H,kM iertffnationa rAlkga,8 LF. 100 00 0 $7.75 $711 Rsuz+PAL P Wpw YL CiP 114 2605-3}1}92W PW oondWl el0oYs,1'diamebr,b l5'H Ea_--- 10 OW0 $23.W S235 W as ciw P M.L. W 115 2&05J}1}9316 PVCoordWIoousn9s,1'd'ameler,WISH - -- Ea. ---__20.0000 $23.00 5480W maces. P M,L OlP 116 26-053}i}94W PVC adapters.l'dWMW.to 15'H - - Ea. --- _- 11.0000 121.00 $231.00 RSWIFr P M.L. paP 1 female 10 male 117 26-05-3}f}yg0p PVC-LB,L orLLMUNS& o ,314'dWm *,1olVH ----_-_-Ea. 4.0000 i53.W $214.01 PS-IF- P M.4 MP 116 2&05-33-13-9600 PVC-LB,IR or LL 91Sngs&covers,W diamebr,to 16 H Ea. 8.0000 $53.50 $428.00 FSkQ G P q L, O4P 119 2&0&31}9710 PVC-taefUffg Bo,nw,3M'demMer,dolSH _--_ Ea. 1.0000 W6.00 i66.W RSwFAb P Y,L. o P 120 26.05.33.1}9710 PVC-lee fitefgscover,3M'dYmeWr.b 1SH Ea. 2.0000 seem 5132.00 RIINFAC P µL w 121 2&05 3.1}9720 PVC-tea Ittlng a cover,l'dMmebr,b 15'H-------- Ea. -- 5.0000 $8&W $427.50 r6YxfFAC P K,- bP 122 2 3}15 500 AbafWMm contlWl nypba,3M'tlurnebr,6'bnp,kftlbeknal6 aftl Walfaigs Ea 10.0000 --- 547.00 $470.01)Rauo"Ao --P a, MP PWfietl 23 JUN 2W1 12.4WM 4.641 Pape 9 of 11 COB Pine St.Causk,Tank Install-2141095 Preliminary Estimate, by line item Estimator: Lester Renfrow Combined estimates... 26-Elactrical Item Description UM Quantity Unit Coat Total Book 123 250&3&150b0O Aluminum condW nlppbs,3M"d amelar,r bW,Intl bekrxds aW buMags Ea. 20,0000 S4TW $MOW Mahal P u.L ow 124 260&3&15Am Aluminun cabal nlppbs.V Eamear,T brg,ba ucMus aW bushYga Es. aWG0 552.50 $315.W msazlrnc F, M.L . 125 28-0&311&1430 OU boxes,cast,1 gang,FD,We hub.2-11n6'Deep Ea. 2.0000 $89.00 $178.00 mu-M P Y.L 06V 128 26-0&331&1430 Oulkl poxes,casi 19anp.FD,3M"hub.2-t ty18'deep Ea. 4.0OD0 $89.00 S358.00 aM2 M P Y,L OV 127 2"-0 16-1542 OuBel b..teat,.41rarproof Wank mver.1 gvg -- - Ea. 2.0000 $13.55 $2].30 RMnlrrc P M.L 06v 128 26-0Sd3-16-1542 Ouam boxes,cat,washeupruaf Wank cover,19ang Ea -- 4.00W $13.65 $64,60 RRM F1 P Y.L, OaP 129 2&0&3&3&1090 Fbxibb maUftm Lk.seagb.3L4'diameter -----_-_---- LF. 10.0000 $9.75 $97.60 mRa21RR0 P Y,L 0aV 1W 28-05333b1090 Fl bbm musk, wt,saali8e,3M'dlamear ---_- - -_ L.F. - 40.0000 $9.75 $3W.00 RWIM P Y.L MV 131 2&05-3&3&11W Fk Adr mete,, Uft,aeable,l'Namesr L.F. 56.0000 $14.60 6]30.OD RIMU'M P 132 250&3 3&1700 Flabb mess,c dW,veake.connectors,plan,34"diemetu Ea. 2.0000 320.50 --$41 W Rsratw,c P KL OaR 133 2"S&3 &1TW Flavbb matagi:wWW,sa.Wb.canned..plan,W4"daanelar Ea. 10.0000 $20.50 5205.00 aM21M P KL WG im n6 -3&2100 Flabb mesa,coals,aeaeb,emleGnra,nauMteo,1-12'Oiemekr Ea. 5.0000 $45.W 6225A0 m OuZ P K L. W 136 26 333 2400 Flabb metasc b W.seallia,conrredas,plain.90 Dw.,314"diameter Ea. 2.000D 525.00 SSO.W Raa21FAC P M.L OW 136 26-0&33 2400 Elaine mda0k coldW.seakile,canactbrs,pleb,90 Deg.,W4'diameter Ea. 1H0000 525.00 5250.00 marmrAc P M.L. W 137 2 M-3135-2]90 Flexile me"C cords,seaftse,conned..iaubted,90 Deg.,V 6amekr Ea. 50000 WOO 3170-00 IdM P M.L. W 138 2&053 1&9450 Cable tray.atlder type,aWm rn trmy,adder,hdW down camp Ea 20.0000 S17.46 $349.00 MM21FX P unbVN damps 139 28-0&3&1&9450 Cable bay.adder We.abmirwm bay,baler,hoMl down damp Ea. 20.0000 S17.45 5349.OD FdM21FACW p M.L. 0 P uNRVu1 clamp 1d0 26-B&3&1&9450 Cate Vay,adder type,akLMnum tray,ladder,hob down camp Ea. 40AO0D $17,45 $698.0D Rea21FAc P atlaWt clamps 141 26-2b16- 02060 Ckcult breaker,PIMg t"M,l pole,12=40 V,2-16 A Ea. 2.ODOO --�- $94.50 $189.00 RS`d1FA0 P Y,L OaG 142 26-27-131&2430 Melacenbr,mabkgatem lboxa,1P3w12=40V,600A Ea----- 1.0D00 $2.M.00 52,MW RlDulM p KL 0V heat trace terminal Ocx Pdnbd 0 JUN 2021 12.45PM v2.641 Pape 10 a 11 COB Pine S1,Causk Tank Iata9-21-DO95 Preliminary Estimate, by line item Estimator: Lester Renfrow Combined estimates... 25-Elec rcal Item Description UM Quantity Unit Cost Total Book 143 M27-13.10-2430 Meter cenlm,maF Wps tenniial boxes,iP 3W IM40V,900 A Ea. 6.WM 92.200.00 91].200.00 asaa,,c P K. w teat 9aro terrMnel box 26-Electrical Total 433,94T." 28 -Electronic Safety and Security W 2642-15-50-0140 Ta*leak detection sysW s,M hydrocarbon a i a rw&Ua IlguidaNapIXa, Ea. 1.0000 93,650.00 $3,650.00 aeaec' P an cbdler,date acau6i0an,for Use MN all pates,24 crams[InG.priNer, matlear,RS232 pod CMO heai race cwNatar 28-Electronic Safety and Sewrlty Total -----+— f3,660.09 Priced 08P ---_-_ _— -- 145 Or51-3323-1430 Ladder,srop f M=Vld,altamatkg"01,684egMe kX%a,steal,14'MMOW Ea. 1. 0 $845.w $665.w c Tcu P dye,291 It,paNanlead Priced OSP Total s845.00 Trades ---� ---�-�� _ 146 EEC Eleci idem.2015 RWwm FacRtes OBP Rate Hour 15A000 $B4.10 $1270.50 T. P -._'oaks UP loinla ____ Trades Total f1,2211so Estimate Grand Total 99,806.44 PdMeci 23 JUN 2021 12:45PM 4.641 Page 11 of 11 COB Pine R.Caustic Tank Intell-21-W95 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposal of SETEX Facilities & Maintenance, LLC, of Beaumont, Texas for the Pine Street Caustic Tank Emergency Replacement Project is hereby accepted and the City Manager be and he is hereby authorized to execute a contract with SETEX Facilities & Maintenance, LLC, of Beaumont, Texas, for the Pine Street Caustic Tank Emergency Replacement Project, in the amount of $102,301.60, through the Choice Partners Cooperative Purchasing 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 20th day of July, 2021. - Mayor Robin Mouton - DISCUSSION ITEM 8. Review and discuss issuing Certificates of Obligation for street and drainage projects and improvements