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Home My WebLink About12/07/2021 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,DECEMBER 7, 2021 6:00 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions * Public Comment: Persons may speak on the Consent Agenda and Items 3-5 and 7 * Consent Agenda 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.) A. Approval of the November 16, 2021 City Council Meeting Minutes B. Confirmation of board and commission member appointments Dr. Danny Hurych, DVM would be appointed as Chairman to the Animal Care Advisory Committee. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Maryjane Benning would be appointed as Vice Chairman to the Animal Care Advisory Committee. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Dr. Richard Leblanc (Ex-officio)would be appointed to the Convention and Tourism Advisory Board. The term would commence December 7, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Robert Calvert would be appointed as Chairman to the Convention and Tourism Advisory Board. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Cheryl Guillory would be appointed as Vice Chairman to the Convention and Tourism Advisory Board. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Dora Nisby would be appointed as Chairman to the Library Commission. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Ben Woodhead would be appointed as Vice Chairman to the Library Commission. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Christopher Jones would be appointed as an Alternate to the Board of Adjustment (Zoning). The term would commence December 7, 2021 and expire December 6, 2023. (Mayor Robin Mouton) John Dean would fill the unexpired term of Darrell Stephens on the Police Department Community Advisory Committee. The term would commence December 7, 2021 and expire September 30, 2023. (Councilmember Audwin M. Samuel) C. Authorize the City Manager to execute Change Order No. 2,to the contract with BDS Constructors, LLC d/b/a MK Constructors for the Primer Street Lift Station Repairs Contract Project D. Authorize the City Manager to execute Change Order No. 4 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project E. Authorize the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company for the CDBG— Street Rehabilitation Project F. Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company for the Street Rehabilitation City Wide—Phase III Project G. Approve a contract with McGriff Insurance Services Inc., of San Antonio for workers' compensation excess insurance H. Approve a resolution casting the City of Beaumont's votes (459)to Lauren Williams Mason for election to the Jefferson Central Appraisal District Board of Directors for the 2022-2023 term of office REGULAR AGENDA 1. Consider a request for a Specific Use Permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District located at 3355 Gladys Avenue 2. Consider a request to rename Buford Street between Port and Brooklyn Streets to McCarty Street 3. Consider authorizing the City Manager to execute a contract with Jefferson County related to the housing of prisoners at the County Jail 4. Consider authorizing the City Manager to execute a contract with Jefferson County related to potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility 5. Consider authorizing the City Manager, or his/her designee,to negotiate an Engineering Services Agreement with Lanier&Associates to firm up their estimated costs related to possibly berthing the Battleship Texas in the Neches River adjacent to Riverfront Park PUBLIC HEARING Receive comments related to the property located at 3720 Ector Street 6. Consider an ordinance declaring 3720 Ector an Imminent Danger and order its immediate demolition and cleanup DISCUSSION ITEM * Review and discuss the hiring process related to the position of City Manager 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 Jessica Watts Claim of Charlotte Levine Consider matters to deliberate the employment, evaluation,duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: specifically: Sharae Reed, First Assistant City Attorney To discuss and or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: A proposed Letter of Intent (LOI) with OCI Beaumont, LLC REGULAR AGENDA 7. Consider authorizing a Letter of Intent (LOI) with OCI Beaumont, LLC or one of its affiliates 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. A BEAUMONT TEXAS TO: City Council. FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider approval of the November 16, 2021 City Council Meeting Minutes. BEAUMONT 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,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tern NOVEMBER 16, 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 November 16, 2021, at the 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 Proclamations, Presentation and Recognition — Receive an update related to COVID-19 from Kenneth Coleman, Public Health Director Public Comment: Persons may speak on the Consent Agenda and Agenda items 1 & 2 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Edward Petty with Mount Rose Missionary 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 Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1 & 2 Landry Rountree 1665 S. Major Dr. Beaumont TX Spoke regarding Item A on the Consent Agenda; commented on the approval of the minutes, ask that Council vote on this item separately, would like to hear discussions concerning the public comment section, stated that he felt like out of the six people that spoke there was a form of censorship for three of the citizens whose comments related to the COVID-19 vaccines Minutes—November 16,2021 i 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.) A. Approval of the November 9, 2021, City Council Meeting Minutes. B. Confirmation of board and commission member appointments - Resolution 21-307 Roger Sorrell would be appointed to the Board of Adjustment (Zoning). The term would commence November 16, 2021 and expire November 15, 2023. (Mayor Robin Mouton) Brenda White (Ex-officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Ann Rothkamm (Ex-officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Sarah Javed would be appointed to the Historic Landmark Commission. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Roger Sorrell would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Dana L. Timaeus would be reappointed to the Board of Adjustment (Zoning). The current term would expire May 12, 2023. (Mayor Robin Mouton) Tom Rowe would be reappointed to the Board of Adjustment (Zoning). The current term would expire October 16, 2023. (Mayor Robin Mouton) Christy Amuny would be reappointed as an Alternate to the Board of Adjustment (Zoning). The current term would expire March 23, 2023. (Mayor Robin Mouton) C. Approve the renewal of a software maintenance agreement with CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS - Resolution 21-308 D. Authorize a contract with BCBS for Stop Loss Insurance - Resolution 21-309 E. Approve the purchase of one dump truck for use in the Streets & Drainage Division - Resolution 21-310 F. Approve the purchase of two trucks for use at Beaumont Municipal Transit-Resolution 21- 311 G. Authorize the settlement of the claim of Tamela Jones - Resolution 21-312 H. Authorize the settlement of the claim of Sylvia Perry - Resolution 21-313 Minutes—November 16,2021 I. Authorize the settlement of the claim of Daphne Rivera-Santiago - Resolution 21-314 J. Authorize the settlement of the claim of Daphne Lopez-Rivera - Resolution 21-315 Mayor Pro Tern Samuel moved to approve the Consent Agenda with an amendment to item A; under Public Comments and express that the citizens that spoke regarding the COVID-19 vaccine be amended to state that the citizens spoke negatively toward the COVID-19 vaccines. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the lease of thirty-three vehicles with Enterprise FM Trust for use in various City departments. In September of 2016, City Council approved an equity lease agreement with Enterprise FM Trust(EFM)through Resolution No. 16-187. The contract was awarded by the city to EFM by utilizing the TIPS USA cooperative contract#2072816. The City of Beaumont's fleet includes over 400 vehicles that are lightweight or medium sized vehicles. These vehicles range in age from new to more than 20 years old with the average age of seven (7) years. Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if they need to be replaced. EFM's fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the lease term the city can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction whereby the city receives the net proceeds.At that time the city can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for City vehicles that tend to be left behind, improved fuel efficiency, reduced maintenance costs, higher resale return through a broad and well-established resale network and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties, or mileage restrictions built into the lease. The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint purchasing agreement. The city entered this lease agreement with EFM through Region VIII Education Services Center, The Interlocal Purchasing System or TIPS which awarded a competitively bid contract. Funds will come from the Capital Reserve Fund -$173,400.56 and the Water Utilities Fund- $26,336.76. Approval of the resolution. Minutes—November 16,2021 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO LEASE THIRTY-THREE (33) VEHICLES FOR USE BY THE VARIOUS CITY DEPARTMENTS PURSUANT TO THE EXISTING MASTER EQUITY LEASE AGREEMENT AS AMENDED BETWEEN THE CITY OF BEAUMONT AND ENTERPRISE FM TRUST. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-316 2. Consider an ordinance to amend Ordinance No. 21-036 to more appropriately describe the abandonment of a portion of an alley located at 3154 Shannon Avenue. Grant Keller of Vaquero Ventures is requesting abandonment of the alley located within Block 1, South End Addition, without the retention of an easement. Mr. Keller would like to build a coffee shop at this location. Plans have been submitted to relocate the existing sewer line allowing the alley to be abandoned. Although Water Utilities is in favor of the abandonment, they would prefer to see the sewer line remain in place with the retention of an easement as long as no facilities are placed within the easement. In addition, the contractor should include expansion joints at the easement lines to facilitate any necessary future repairs. An amended legal description has been provided by the applicant and is included in the exhibits. At a City Council meeting held on June 15, 2021, City Council approved the request to abandon a portion of an alley with the following condition: 1. Expansion joints shall be placed along the edge of the easement. The applicant has requested that a different legal description (Exhibit B) be included with the Ordinance. Approval of the ordinance with the following condition and the new legal description (Exhibit B): 1. Expansion joints shall be placed along the edge of the easement. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 21-036 TO PROVIDE AN AMENDED PROPERTY DESCRIPTION FOR A VACATED AND ABANDONED 230'X 20'PORTION OF AN ALLEY RESERVING AND RETAINING AN EXISTING SEWER LINE EASEMENT IN BLOCK 1 OF THE SOUTH END ADDITION,WITH THE CONDITION,BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE Minutes—November 16,2021 MOTION PASSED Ordinance 21-236-A COMMENTS Public Comments (Persons are limited to three minutes) Steve Hoffman 7045 Blarney St. Beaumont TX Spoke regarding the Battleship Texas, asked that Council think more about bringing the Battleship to Beaumont, commented on the AT&T building, stated that most citizens don't think the city should get rid of the building, there could also be a restaurant with a nice view on the top level of the building, also made comments regarding the Council meeting on television, suggested that more mics be added to the podium so citizens can hear Brian Nepveaux 3415 Laurel Beaumont TX Announced that Operation Beaumont Beautification will take place on Saturday, November 20, 2021, at 10:00 a.m., asked that everyone meet at St. Charles Plaza at the corner of Dowlen and Phelan in the parking lot of Little Caesars,water, grabbers and trash bags will be provided, thanked the city for providing a trash truck to pick up all the trash that will be collected, looking forward to seeing everyone on Saturday Landry Rountree 1565 S. Major Dr. Beaumont TX Thanked Councilmembers Getz, Samuel and Neild for hearing his petition and the language that was changed in the city minutes, read lyrics to a song by a recording artist named Kathy Troccoli called "It's The Small Things", thanked Councilmember Turner who read a proclamation for Ms. Dupree who turned 79 years old, asked that Council keep Ms. Dupree in their prayers, also thanked Council and staff for raising a dangerous structure that was next door to Ms. Duprees home, mentioned his four daughters that were in the audience attending the meeting Lance J. Gans 1107 McFaddin St. Beaumont TX Spoke regarding the Beaumont Transit, stated that there's a lot of complaints regarding the transit, the drivers are making citizens late and not letting a lot of citizens ride the buses, the bus drivers are very unprofessional, he hasn't been able to ride the bus since May, doesn't have any transportation, has had job opportunities come his way but due to not being able to ride the bus he couldn't get to those jobs, was advised that he needed to speak with Council regarding the issue, stated that he needs to start riding the bus again, asked if Council would assist him with this matter Ava Graves 1090 Roberts Ave. Beaumont TX Stated that she's speaking on behalf of McCabe Roberts Avenue United Methodist Church, wanted to thank Council for their support with the McCabe Roberts 2020 partnership with the 2020 Census, received a substantial grant from the Hogg Foundation which allowed them to hire staff to educate families on the importance of the census, they were able to knock on over 4,000 doors and assist 817 households to complete their census, that equates to Minutes—November 16,2021 around 3,000 citizens that were able to complete the census in the midst of a pandemic, the p completion of the census will allow $3 to $5 million federal dollars to come into the community, asked that Council would make sure that funds will be obtained for the underserved communities, also asked that fund be secured from the infrastructure bill that has been signed, also looking to get railroad quite zones Christopher Jones 1045 Doucette Ave. Beaumont TX Addressed Council as a catalyst and founding member of the "Accountability Affiliates" as a developing 501(c)4 organization here in Beaumont, collaboration with many individuals like himself,who are also members of area civic groups, organizations, churches, institutions and political parties, are tasked daily with holding themselves accountable to the duties and obligations set before them, stated that they are now looking to include the City of Beaumont and its happenings into the position of accountability not only to the offices they elect but the operations and duties of the appointed and hired as well, the Accountability Affiliates request that all commission appointments made by the Mayor and Councilmembers be made accessible to the public, they are also requesting that if there are any other commissions needing members to make it known, asked how a citizen is able to apply or be considered for a commission appointment, the Accountability Affiliates, like all citizens of Beaumont request open-door access to members of Council, management, administration and commissions, stated they are formed not to bash or belittle, but to inform and hold all accountable to what is expected as equitable and equal representation under the law Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - THANKED KENNETH COLEMAN, PUBLIC HEALTH DIRECTOR FOR THE WEEKLY UPDATE ON COVID, GLAD TO HEAR GOOD NEWS,STILL ASKED THAT CITIZENS CONTINUE TO BE VIGILANT AS FAR AS MASK WEARING AND HAND WASHING,STATED THAT HE ATTENDED THE PARKS AND RECREATION MEETING ON THIS MORNING, HAPPY TO SEE THE APPOINTEES PARTICIPATING COUNCILMEMBER GETZ- COMPLIMENTED THE PARKS DEPARTMENT ON A PROJECT THAT THEY UNDERTOOK TO IMPROVE THE APPEARANCE OF DOWLEN ROAD BETWEEN ARLINGTON AND BERRY,THIS AREA HAD GOTTEN REALLY BAD AS TO WHERE A BRUSH HOG HAD TO BE BROUGHT IN TO CLEAR THE AREA,ANNOUNCED THAT THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION WILL BE MEETING AT THE ROGERS PARK COMMUNITY CENTER ON THIS EVENING AT 6:30 P.M., SADE' CHICK WITH THE PORT OF BEAUMONT WILL BE THE GUEST SPEAKER, INVITED THE COMMUNITY TO A RIBBON CUTTING THURSDAY,NOVEMBER 18, 2021 AT 2:00 P.M., AT THE CORNER OF MCFADDIN AND FOREST FOR SEVERAL HOMELESS SHELTERS THAT ARE GOING TO BE ADMINISTERED BY THE SALVATION ARMY,THEY WILL BE ABLE TO HOUSE THIRTY CITIZEN AT EACH SHELTER,AFTER THE THIRD NIGHT THE SALVATION ARMY WILL NO LONGER BE CHARGING TEN DOLLARS A NIGHT, RECOGNIZED ALLISON GETZ WHO ACHIEVED A STATE WIDE RECOGNITION ON LAST Minutes-November 16,2021 WEEK FOR BEING THE TAX ASSESSOR OF THE YEAR FOR THE STATE OF TEXAS COUNCILMEMBER TURNER- THANKED MR.ROUNTREE FOR BRING HIS DAUGHTERS TO THE MEETING,THINKS THAT IT'S GOOD THAT HIS DAUGHTERS HAD AN OPPORTUNITY TO SEE WHEN HE STEPS UP AND SPEAKS UP HIS VOICE CAN BE HEARD, THANKED MAYOR PRO TEM SAMUEL FOR AMENDING HIS MOTION REGARDING MR. ROUNTREE'S REQUEST, ASKED THAT THE GENTLEMAN THAT SPOKE REGARDING THE BEAUMONT TRANSIT SEE HIM AT THE END OF THE MEETING, HE WOULD LIKE TO GIVE HIM HIS CARD, ANNOUNCED A VISION WORKSHOP THAT WILL TAKE PLACE ON TUESDAY,NOVEMBER 23,2021,AT 9:00 A.M.,ASK FOR INPUT FROM THE CITIZENS AS TO WHAT THEY WOULD LIKE TO SEE CHANGED HERE IN THE CITY OF BEAUMONT, ASKED THAT CITIZENS EMAIL THEIR COUNCILMEMBERS AND THINKS THAT THE COUNCIL SHOULD DO A BETTER JOB OF COMMUNICATING WITH THE CITIZENS,STATED THAT LAMAR'S HOMECOMING WAS A SUCCESS COUNCILMEMBER FELDSCHAU - WISHED EVERYONE A HAPPY THANKSGIVING,BE CAREFUL AS THEY TRAVEL AND ENJOY THEIR FAMILIES MAYOR PRO TEM SAMUEL- ANNOUNCED A FLY IN AT MUNICIPAL AIRPORT ON SATURDAY, NOVEMBER 20, 2021, FROM 10:00 A.M., TO 4:00 P.M., ENCOURAGED EVERYONE TO COME OUT COUNCILMEMBER NEILD - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - STATED THAT WHEN SOMEONE COMES TO PODIUM THEY HAVE FREE LIBERTY OF SPEAKING THEIR VOICE AND WHAT THEY WOULD LIKE TO SAY, SOMETIMES IT'S NOT ALWAYS POSITIVE BUT IT'S STILL SAID, DOESN'T THINK THAT ANYONE ON COUNCIL WOULD EVER TRY TO INTERFERE WITH A CITIZEN HAVING THE FREEDOM OF SPEECH, UNDERSTANDS THAT THE CLERK IN PAST PRACTICE HAS ALWAYS DONE THINGS A CERTAIN WAY BUT THINGS CAN ALWAYS CHANGE FOR THE BETTER, THANKED MR. ROUNTREE FOR POINTING THAT OUT AND THEY NEVER WANT TO TAKE SOMEONE'S VOICE, IF MINUTES WERE TYPED IN VERBATIM OF EVERYTHING THAT WAS SAID THEY WOULD HAVE HUGE STACKS OF PAPER, NO ONE WOULD EVER WANT TO CHANGE THE PERSPECTIVE IN WHICH SOMEONE IS SPEAKING, MADE COMMENTS REGARDING MS. DUPREE AND THE PROCLAMATION THAT WAS READ FOR HER BIRTHDAY, HAS KNOWN MS. DUPREE FOR MANY YEARS AND WORKED WITH HER WHEN EMPLOYED AT SOUTHWESTERN BELL WHICH THEN CHANGED TO AT&T,WILL KEEP HER IN HER Minutes—November 16,2021 PRAYERS, ALSO ASKED THE CITY ATTORNEY IF THERE ARE ANY RESTRICTIONS TO CITIZENS RIDING THE BUS AS TO BEING REMOVED OR RESTRICTED FROM RIDING THE BUS, STATED TO THE GENTLEMAN THAT SPOKE REGARDING THE TRANSIT ISSUE TO PLEASE SEE HER AT THE END OF THE MEETING, ANNOUNCED A VISION WORKSHOP THAT WILL BE HELD ON TUESDAY, NOVEMBER 23, 2021, AT 9:00 A.M., BATTLESHIP TEXAS ALONG WITH OTHER IDEAS AS TO HOW THE CITY OF BEAUMONT WILL MOVE FORWARD ALONG WITH CITIZEN INPUT WILL BE DISCUSSED AT THE WORKSHOP,THERE WILL NOT BE A CITY COUNCIL MEETING AT 1:30 P.M., ON NOVEMBER 23, 2021, WISHED EVERYONE A HAPPY THANKSGIVING Open session of meeting recessed at 2:15 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of ExxonMobil Corporation - Storm Sewer Jefferson County, Texas v. City of Beaumont, Texas; Cause No. B-198,481 • Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.074 of the Government Code, to wit: Position of City Manager Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—November 16,2021 B December 7,2021 Confirmation of board and commission member appointments RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Expiration of Term Term Danny Hurych Animal Care 12/07/2021 12/06/2022 Advisory Committee Maryjane Benning Animal Care 12/07/2021 12/06/2022 Advisory Committee Dr. Richard Leblanc Convention and 12/07/2021 09/30/2023 Tourism Advisory Board Robert Calvert Convention and 12/07/2021 12/06/2022 Tourism Advisory Board Cheryl Guillory Convention and 12/07/2021 12/06/2022 Tourism Advisory Board Dora Nisby Library Commission 12/07/2021 12/06/2022 Ben Woodhead Library Commission 12/07/2021 12/06/2022 Christopher Jones Board of 12/07/2021 12/06/2023 Adjustment ;and, i BE IT FURTHER RESOLVED THAT John Dean is appointed to the Police Department Community Advisory Committee to fill the unexpired term of Darrell Stephens. The term will commence December 7, 2021 and expire September 30, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton - -c_ BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2,to the contract with BDS Constructors, LLC d/b/a MK Constructors for the Primer Street Lift Station Repairs Contract Project. BACKGROUND On December 15, 2020, by Resolution 20-279, City Council awarded a contract to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, in the amount of$721,615.00, for the Primer Street Lift Station Repairs Contract Project. Previous Change Order No. 1, in the amount of$18,356.00, is attached for your review. Proposed Change Order No. 2, in the amount of$87,620.00, is required to install a valve to isolate the force main from the drywell to remove and replace the existing valves, fittings and piping. A total of eighty-four(84) calendar days will be added to the contract for the additional work. If approved, Change Order No. 2 will result in anew contract amount of$827,591.00 with 292 total calendar days to complete the project. This project provides for the repairs of damages at Primer Street Lift Station caused by flooding from Tropical Storm Harvey. The Federal Emergency Management Agency (FEMA) has obligated the majority of the funds for the repair and mitigation work, with the balance paid by the City's Harvey Fund. The work in proposed Change Order No. 2 is outside of the FEMA approved scope as it is not Harvey related,but necessary to make additional repairs to the wet well. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-279 WHEREAS, on December 15, 2020 the City Council of the City of Beaumont, Texas passed Resolution No. 20-279 awarding a contract in the amount of$721,615.00 to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, for the Primer Street Lift Station Repairs Contract Project; and, WHEREAS, Change Order No. 1, in the amount of $18,356.00, is necessary to remove and replace the existing deteriorated ductile iron piping and fittings in the wet well, thereby increasing the total contract amount to$739,971.00; 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. 1, in the amount of $18,356.00 for the additional work described above, thereby increasing the total contract amount to $739,971.00 for the Primer Street Lift Station Repairs 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 26th day of October, 2021. 04�oa�oy Mayor Robin Mouton - W for '��, �� i i APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two(2) DATE: December 1,2021 PROJECT: City of Beaumont,Texas Lift Station&WWTP Repairs Tropical storm Harvey Primer Street Lift Station Bid No.WU1021.01/FEMA 1148352 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: MK Constructors 2485 North Street Vid or,Texas 77662 TO THE OWNER: Approval of the following contract change is requested, Reason for Change: To furnish all labor,materlals and equipment to Install a 20"AVT valve on the 20"force main to isolate the force main from the drywell In order to remove and replace the existing,valves,fittings and piping. ORIGINAL CONTRACT AMOUNT: S 721,615.00 REVISED CONTRACT AMOUNT PER CHANGE ORDER No.1 S 739,971.00 THIS CHANGE ORDER Item Description 11 Furnish all labor,materials and equipment to Install a 20"AVTvalve on the 20"farce main to Isolate the $ 87,620.00 force main from the drywell In order to remove and replace the existing valves,fittings and piping:ADD $87,620.00/LS TOTAL AMOUNT OF THIS CHANGE ORDER: $ 87,620.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 827,591.00 PERCENT OF THIS CHANGE ORDER 12.14% TOTAL PERCENT CHANGE ORDER TO DATE 14.69% CONTRACT TIME Original Contract Time: 180 calendardays Additional Contract Time per Previous Change Orders 28 calendar days Additional ContractTime per this Change Orders 84 calendardays Revised Contract Time 292 calendar days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases In the cost of,and the time required to perform the enure work under the Contract arising directly or Indirectly from this Change Order and all previous Change Orders, Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive,mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after It Is properly executed." Acce ted b Revlewed by: Review by: MK Constructors �— Amalia Villarreal,P.E. Bart Bartkowlak Contractor City Engineer Director of Public Works and Technology services Dater — Date: Date: co men Approved by: Attested by: Schaumburg 8. olk,Inc. Kyle Hayes Tina Broussard Engineer City Manager City Clerk Date: / / Date: Date: APPROVAL OF CONTRACT CHANGE CHANGE ORDER.No.One 1 DATE: October 15,2021 PROJECT: City of Beaumont,Texas Lift Station&WWTP Repairs Troplcal Storm Hervey Primer Street LiftStatlon Bid No.WU1021=01/FEMA 1148952 OWNER: City of Beaumont,Texas 801 Main Street ; Beaumont,Texas 77704 I CONTRACTOR: MK Constructors 2485 North Street Vldor,Texas 77662 ' TO THE OWNER: Approval of the following contract change Is requested. Reason for Change:To remove and replace the existing deteriorated ductile Iron discharge piping and fittings for the submersible pump In t the secondary wet well.This Change order Is not eligible for FEMA Reimbursement ORIGINAL CONTRACTAMOUNTs S 721.615.00 THIS CHANGE ORDER Item Cescrintlon 9 Furnish all labor,materials and equlpmentto remove and replace the existing B"discharge plping and $ 18,356.00 fittings for the submersible pump In the secondary wet well,Including base elbow,ductile Iron piping, coupling,and 90 degree bend,ADD$18,956,00/lump sum TOTAL AMOUNT OF THIS CHANGE ORDERt $ 18,956.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDERI S 739,972.00 CONTRACT TIME OriginalContractTlme: 180 calendardays Time requested for material delivery and Installatlon of the news"discharge piping and base elbow 28 calendar days Revised contract Time per this change order 208 calendar days CONDITION OF CHANGE; "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change order represents full compensation for all Increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or Indirectly from this Change Order and all previous change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this change order after it Is properly executed." Accqpred by: Reviewed by: Rw MK Constructors Amalla Villareal,P.E. Bartkowlak Contractor City Engineer Director of Public Works' and Technology ?�C Date,& �. Date: 10(�C�tAC� Date; A 7,1 R omm nda y: Approved by: tL ` Z 19 L10 SchauT� u g&Palk,Inc. Kyle Hayes Tina Broussard Engineers / City Manager J] City Clerk Date: V / Date: /J 1'Z-' Date: RESOLUTION NO. WHEREAS, on December 15, 2020 the City Council of the City of Beaumont, Texas passed Resolution No. 20-279 awarding a contract in the amount of$721,615.00 to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, for the Primer Street Lift Station Repairs Contract Project; and, WHEREAS, on October 26,2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-279 authorizing the City Manager to execute Change Order No. 1, in the amount of $18,356.00, to remove and replace the existing deteriorated ductile iron piping and fittings in the wet well, thereby increasing the total contract amount to $739,971.00; and, WHEREAS, Change Order No. 2, in the amount of $87,620.00, is necessary to install a valve to isolate the force main from the drywell to remove and replace the existing valves, fittings and piping, thereby increasing the total contract amount to $827,591.00; 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. 2, in the amount of $87,620.00 for the additional work described above, thereby increasing the total contract amount to $827,591.00 for the Primer Street Lift Station Repairs 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 7th day of December, 2021. - Mayor Robin Mouton - D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project. BACKGROUND On February 9, 2021,by Resolution No. 21-033, City Council awarded a contract to Solid Bridge Construction, LLC, of Huntsville, in the amount of$953,415.45 for the Cattail Marsh Wetlands Repair Project. Previous Change Order Nos. 1-3, in the amount of($57,438.43), are attached for your review. The contract includes a Miscellaneous Improvements Allowance of$100,000.00. Change Order No. 3, in the amount of$36,000.00, was deducted from the Miscellaneous Improvements Allowance leaving a balance of$64,000.00. Proposed Change Order No. 4, in the amount of$49,895.00, is required for additional repairs of a damaged location on the interior side slope of the Cell 3 north levee. A total of twenty-five (25) working days will be added to the contract for the additional work. If approved, Change Order No. 4 will be deducted from the Miscellaneous Improvements Allowance resulting in no change to the current contract amount of$895,977.02. This project provides for the repairs of damages at Cattail Marsh caused by flooding from Tropical Storm Harvey. The Federal Emergency Management Agency(FEMA) has obligated the majority of the funds for the repair and mitigation work, with the balance paid by the City's Harvey Fund. The work in proposed Change Order No. 4 is outside of the FEMA approved scope as it is not Harvey related, but necessary to make additional repairs to the levee side slopes. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. 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. 3, in the amount of $36,000.00 for the additional work described above, thereby decreasing the total Miscellaneous Improvement allowance to $64,000.00 and having no effect on the total contract amount of $895,977.02 for the Cattail Marsh Wetlands 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 12th day of October, 2021. Mayor Robin Mout - s v RESOLUTION NO. 21-248 WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-033 awarding a contract in the amount of$953,415.45 to Solid Bridge Construction, LLC, of Huntsville, Texas, for the Cattail Marsh Wetlands Repair Project; and, WHEREAS, on July 13, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-158 authorizing the City Manager to execute Change Order No. 1, in the amount of ($79,338.36), to account for two (2) additional damaged . locations; and, to allow for an alternate repair to two (2) areas where the interior slop of the levee is still intact and the repairs will not be as extensive, thereby decreasing the total contract amount to $874,077.09; and, WHEREAS, on August 24, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-200 authorizing the City Manager to execute Change Order No. 1, in the amount of$21,899.93, to provide an alternate repair for three (3) locations where the existing levee road is in good condition, thereby increasing the total contract amount to $895,977.02; and, WHEREAS, a Miscellaneous Improvements allowance, in the amount of $100,000.00, was included in the above noted contract; and, WHEREAS, Change Order No. 3, in the amount of $36,000.00, is necessary to provide for additional limestone base material to be placed on the existing levee roads within Cattail Marsh, thereby decreasing the total Miscellaneous Improvements allowance to $64,000.00 and having no effect on the total contract amount of $895,977.02; APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Four(4) DATE: October 27,2021 PRO!ECT: City t,• Ci of Beaumont Texas Cattail Marsh Wetlands Repair Bid No.PW3021-06/FEMA ProjectH33336&83919S OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Solid Bridge Construction,LLC 1204 Sam Houston Avenue,Suite 1 Huntsville,TX77340 t TO THE OWNER: Approval of the following contract change is requested. I Reason for Change: To provide for the repair of 1 additional damage location,3G,on the Interior side slope of the Cell 3 north levee., ORiGINALCONTRACrAMOUNT: S 953A15AS REVISED CONTRAC'rAMOUNT PER CHANGE ORDER No.2,No.2&No.3: S 895,977.02 i I THIS CHANGE ORDER f Item Description 26 Miscellaneous Improvements-Reduce the allowance by$49,895.00 to provide Interior5lope Repair B.G. $ (49,895.00) Remaining allowance=$64,0M.00-$49,895.00=$14,105.00 i 33 Interior Slope Repair 36-reconstruct the Interior levee slope Including removing existing crushed $ 49,895.00 1 limestone and stockpile on-site,remove and dispose existing geotexfile fabric,stripping the vegetation, removing a 2'layer of clay fill,reconstructing the Interior slope In compacted lifts,and hydro-mulch seed i the reconstructed levee slope;ADD L @$49,89S.00/lump sum i TOTALAMOUNT OF THIS CHANGE ORDER: $ - _I TOTAL REVISED CONTRACrAMOUNT INCLUDING THIS CHANGE ORDER: Si895,977.02 1 CONTRACrTIME Original Contract Time: 120 working days ! Revised Contract Time per Change Order No.1,No.2 and No.3 206 working days Additional Contract Time for change order and levee repair 25 working days Revised ContractTime per this Change Order 231 working days I CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated In this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly 1 or indirectly from this Change-Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all ! rights to file a claim on this Change Order after it Is properly executed." i Accepted by: Reviewed by: 4ftkow�al-� Solid Bridge Construction,LLC Amalia Villareal,P.E. k I Contractor City Engine r Director of Public Works r 1 and Technology Services Zvz 1 1 Date: Date CJC��G Date: i )tewmmended by: Approved by: Attested by: Sehau b Pb ,Inc. Kyle Hayes Tina Broussard Engineer / City Manager City Clerk Date: / - / Date: Date: Page 1 of 1 i { APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Three(3) DATE: September22,2021 , PROJECT: City of Beaumont,Texas Cattail Marsh Wetlands Repair Bid No.PW3021-06/FEMA Project 1,13339&839.95 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR- Solid Bridge Construction,LLC i 1204 Sam Houston Avenue,Suite 1 Huntsville,-W7340 TO THE OWNER: Approval of the following contract change is requested. i Reason for Change:To provide for additional limestone base material on the existing levee roads at location designated by the City. ORIGINAL CONTRACT AMOUNT. $ 953.415.45 1 REVISED CONTRACT AMOUNT PER CHANGE ORDER No.1&No.L• $895.977.02 j THIS CHANGE ORDER I Item Description i 26 Miscellaneous Improvements-Reduce the allowance by$36,000.00 to provide limestone base material $ (36,000.00) on the existing levee roads at locations designated by the City.Remaining allowance=$100,000.00- j $36,000.00-$64,000.00 32 Limestone Base-furnish,place and compact additional crushed lmestone on top ofthe existing levees at $ 36,000.00 locations designated by the City,ADD 500 tons at$72.00/ton TOTAL AMOUNT OFTHIS CHANGE ORDER: $ _ i TOTAL REVISED CONTRACT AMOUNT INCI,1DINGTHISCHANGEORDER: $895.977.DZ CONTRACTTIME Original Contract Time: 120 working days Revised Contract Time per Change Order No.1 and No.2 140 working days Additional Contract Time for limestone Base - 20 working days Inclement Weather(April-2 days,May-11 days,June-7 days,July-11 days,August-8 days,September-7 days) 46 working days 1 Revised Contract Time per this Change Order 206 working days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases in the cost of,and the time required to perform the entire work underthe Contract arising directly or indirectly from this Change Order and all previous Change Orders.Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a dam on this Change Order after Ills properly executed." Accepted: Reviewed by Revi b t � ��J11V�9Jw9r..�1L�\QILA Q Solid Drldg st akon,lLC Amalia Villareal,P.E. Bartkowiak f Contractor City Engineer Director of Public Works 'h and Tech noogySe'rvvices Date: d a o`e/ ..� ��:q CD a�1 Date: --Z!—7-1 1 Recommended by: Approved by: ted by: i h5um u &P 1 1 c. Kyle Hayes na Broussard j r�gine r city Manager /D�'�✓Z DCity Clerk Date: I Page 1 of 1 ' JMoM"'ee� i i i APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two 2 DATE: August 16,2021 4 PROJECT: City of Beaumont,Texas Cattail Marsh Wetlands Repair Bid No.PW3021-06/FEMA Project 1113339&#39195 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Solid Bridge Construction,LLC 1204 Sam Houston Avenue,Suite 1 i Huntsville,TX 77340 TO THE OWNER, Approval of the following contract change is requested. Reason for Change: To provide for an alternate repair section for Area 2A,2B and 2C,to include leaving the existing crushed limestone and f geotextile fabric on top of the levee,limit the excavation of the 2'layer off the exterior slope to only the side slope,and install additional crushed limestone on top of the existing limestone. (( Also,to delete the geotextile fabric called for In bid Items 23 and 24,and replace it with geogrid,TensarTX160 triaxial geogrid or approved equal. i ORIGINAL CONTRACT AMOUNT: S 953,415.45 CONTRACT AMOUNT PER CHANGE ORDER No. 874 077.09 REVISED TR $ THIS CHANGE ORDER Item Description 6A ExterlorSlope Mitigation 2A-DELETE removing existing crushed limestone and existing geotextile fabric, $ (1,769.90) i and ADD Install 6"of compacted crushed limestone on top of the existing limestone;DELETE ' $1,769.90/lump sum 7A Exterior Slope Mitigation 213-DELETE removing existing crushed limestone and existing geotextile fabric, $ (6,543.70) and ADD install 6"of compacted crushed limestone on top of the existing limestone;DELETE $6,543.70/lump sum 8A Exterior Slope Mitigation 2C-DELETE removing existing crushed limestone and existing geotextile fabric, $ (1,150.87) j and ADD Install 6"of compacted crushed limestone on top of the existing limestone;DELETE i $1,150.87/lump sum 23 Delete geotextile fabric and ADD Install geogrid,TensarTX160 trlaxial geogrid or approved equal,and $ 10,531.50 crushed limestone road material on the top of the finished berm,TEN FOOT(30')wide top of berm; j DELETE @ 1,190 LF @$34.00/LF and ADD 1,190 LF @$42.85/LF i F 24 Delete geotextile fabric and ADD Install geogrid,TensarTX160 triaxlal geogrid or approved equal,and $ 20,83190 crushed limestone road material on the top of the finished berm,TWELVE FOOT(12')wide top of berm; DELETE @ 2,354 LF @$38.00/LF and ADD 2,354 LF @$46.85/LF TOTAL AMOUNT OF THIS CHANGE ORDER: 1 $ 21,899.93 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 895,977.02 i CONTRACTTIME Original Contract Time: 120 working days ! Revised Contract Time per Change Order No.1 135 working days Additional Contract Time for this Change Order 5 working days Revised Contract Time per this Change Order 140 working days i ti i Pagel of 2 j ! I ! I � APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Iwo(2). DATE: August 16,2021 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this walver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractorwill waive all rights to file a claim on this Change Order after it is property executed." Accepted by:, Reviewed by: R le by: 5611d Bridge n (ruction,LLC Amalia Villareal,P.E. artBartkowiak Contractor City Engineer Director of Public Wod<s J ��nn 1 and Technology Services Date: �P / ^ �V�1 Date: 1� I Date: f Recommended by: Approved by: [ (v ested by: auin r Po t In Kyle Hayes nap ard �inee City Manager City Cler Date: S- Date: �' ZS'Z- Date: -013 i Uj �! / ar Ar l Page 2 of 2 APPROVAL OF CO NTRACT CHANGE CHANGE ORDER No.One 1 DATE: June 4,2021 PROJECT: City of Beaumont,Texas Cattail Marsh Wetlands Repair Bid No.PW1021-06/FEMA Project#13339&#39195 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Solid Bridge Construction,LLC 1204 Sam Houston Avenue,Suite 1 Huntsville,TX 77340 TO THE OWNER: Approval of the following contract change Is requested. Reason for Change:To provide for the repair of 2 additional damage locations,IG and 1H,on the exterior side slope of the Cell 1 east levee damaged by the flooding from Hurricane Imelda;to repair the severly rutted top of the levee to the east and to the west of Repair Area 1E, including installing a geogrid and 10"of compacted crushed limestone. Also,to provide for an alternate repair for Area SD and SE due to the original(circa 1993)geotextile fabric and limestone road material left in place and the 2007 fill placed on top,and due to the interior slope of the original levee below the old roadbed being still Intact. ORIGINAL CONTRACT AMOUNT: $ 953,415.45 THIS CHANGE ORDER Item Description 2A Exterior Slope Mitigation SA-ADD removing the old limestone road bed and approximately 10"of clay at $ 2,856.00 the top of the levee,and install and compact clay fill to rebuild top of levee;ADD$2,856.00 to increase Unit Price to$14,202.15/lump sum SA Exterior Slope Mitigation IF-ADD removing the old limestone road bed and approximately 10"of clay at $ 7,424.00 the top of the levee,and install and compact clay fill to rebuild top of levee;ADD$7,424.00 to increase Unit Price to$34,836.50/lump sum 21A Interior Slope Mitigation ID-reconstruct the Interior levee slope including including steel sheet pile $(203,967.00) coffer dam,removing existing crushed limestone and stockpile on-site,remove and dispose existing geotextHe fabric,stripping the vegetation,removing a 2'layer of clay fill,reconstructingthe interior slope In compacted lifts,and hydro-mulch seed the reconstructed levee slope;DELETE 1 @$203,967.00/lump sum 22A Interior Slope Mitigation 1E-reconstruct the interior levee slope including including steel sheet pile $ (67,019.35) coffer dam,removing existing crushed limestone and stockpile on-site,remove and dispose existing geotextile fabric,stripping the vegetation,removing a 2'layer of clay fill,reconstructing the interior slope in compacted lifts,and hydro-mulch seed the reconstructed levee slope;DELETE 1 @$67,019.35/lump sum New Item 21A ALTERNATE Interior Slope Mitigation ID-reconstruct the Interior levee slope including coffer dam $ 75,879.75 retum/restocking charge,removing existing crushed limestone and stockpile on-site,remove and dispose existing geotextile fabric,stripping the vegetation,remove upper 2'layer of levee and stockpile,Including old limestone road bed and geotextile fabric,install and compact clay fill,hydro-mulch seed the completed levee slope,and dispose of waste material on-site;ADD 1 @$75,879.75/lump sum 22A ALTERNATE Interior Slope Mitigation 1E-reconstruct the interior levee slope including coffer dam $ 38,831.51 retum/restocking charge,removing existing crushed limestone and stockpile on-site,remove and dispose existing geotextile fabric,stripping the vegetation,remove upper 2'layer of levee and stockpile,including old limestone road bed and geotextile fabric,install and compact clay fill,hydro-mulch seed the completed levee slope,and dispose of waste material on-site;ADD 1 @$38,831.51/lump sum Page 1 of 2 i APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One 1 DATE: June4,2021 29 ExteriorSlope Repair 16-reconstruct the exterior levee slope including remoying;odstingcrushed $ 12,3G6.50 limestone and stockpile on-site,remove and depose existing geotextile fabric,stripping the vegetation, removing a 2'layer of dayfill on the erterlar,construct 3'.deep day key,reconstructing tfie exterior slope in compacted lifts,remove upperl5-2'layerof levee and stockpile,including old limestone road bed and geotextile fabric,install and compact dayfill to rebuild top of levee,and hydramuldt seed the reconsbucted levee slope;ADD 1 @$12,366.50/lump sum 30 Exterior Slope Repair'IN-reconstruct the extedor levee slope includingremovingexistingcrushed $ 17,504.23 limestone and stockpile on-site,remove and dispose existing geotextdefabric,ship;ingthe vegetation, , removing a V layer of clay fill,construct 3'deep.clay key,reconstructing the.exterior slope in compacted lifts,remove upper 1-T-2'layer of levee and stockpile,indudngold limestone road tied and geotexsle fabric,install and compact clayfill to rebuild top of levee,and hydro-mulch-seed the reconstrucied levee slope;ADD 1 @$17,504.73/1umpsum 31 Top of Levee-Level out the rutted area adjacerittorepalrArea1E,install a800LFofTensarTX160 $ 36,786.00 triaxial geogrid or approved equal,,and 10"of compacted crushed limestone meeting the requirements of TxDOT2M44 Standard Specifications Item 247,Type A,Grade 1-2,mo-rsture•conditioned to±3%of optimum moisture content and compacted to maximum 6-In loose lifts to a minimum of 95%of the maximum density as determined by ASTMD1557;ADD 1 @$36,786.601lump.sum TOTAL AMOUNT OF THIS CHANGE ORUR $ (79,33836J TOTALitwsmcONTRACIAMOUNTINCLUDINGTHiSCHANGEORDER: $ 874.077.09 CONTRACITIME t Original Contract Time: 120 working days Additional Contract Time for Repair lG and Repair IN :15 working days 1 Revised Contract Time per this Change order 135 working days i f CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract.price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and.the time required to perform the entire work underthe Contract arising direcHy or indirectly from this Change Order and all previous Change Orders.Acceptance of this waiver constitutes an agreement between Owner and Contractorthatthe Change Order represents an all inclusive,mutuallyagreed upon adjustment tothe Contract and that Contractor will waive all rights to file a claim ari this Change Order after it is properly executed." Accepte Reviewed by: "b. Solid Brld on,LLC Amelia Villareal,P.E. Bart t3artk ak Contractor City Engineer Direciorof Public Works and Technology Services 1 Recommended by. Approved by: A sted by. W 71J� S[ha urg P k,Inc Kyle Hayes Tina.Broussard Engineer CayManager y .v City Clerk Date: 6'/7-2/ Date: - Date: Page 2 of 2LIJ s �a e� �h ,;, '- RESOLUTION NO. WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-033 awarding a contract in the amount of$953,415.45 to Solid Bridge Construction, LLC, of Huntsville, Texas, for the Cattail Marsh Wetlands Repair Project; and, WHEREAS, on July 13, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-158 authorizing the City Manager to execute Change Order No. 1, in the amount of($79,338.36), to account for two (2) additional damaged locations; and, to allow for an alternate repair to two (2) areas where the interior slop of the levee is still intact and the repairs will not be as extensive, thereby decreasing the total contract amount to $874,077.09; and, WHEREAS, on August 24, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-200 authorizing the City Manager to execute Change Order No. 2, in the amount of $21,899.93, to provide an alternate repair for three (3) locations where the existing levee road is in good condition, thereby increasing the total contract amount to $895,977.02; and, WHEREAS, a Miscellaneous Improvements allowance, in the amount of $100,000.00, was included in the above noted contract; and, WHEREAS, on October 12, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-248 authorizing the City Manager to execute Change Order No. 3, in the amount of $36,000.00, to provide for additional limestone base material to be placed on the existing levee roads within Cattail Marsh, thereby decreasing the total Miscellaneous Improvements allowance to $64,000.00 and having no effect on the total contract amount of$895,977.02; WHEREAS, Change Order No. 4, in the amount of $49,895.00, is necessary for additional repairs of a damaged location on the interior side slope of the Cell 3 north levee, thereby decreasing the total Miscellaneous Improvements allowance to $14,105.00 and having no effect on the total contract amount of$895,977.02; 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 $48,895.00 for the additional work described above, thereby decreasing the total Miscellaneous Improvement allowance to $14,105.00 and having no effect on the total contract amount of$895,977.02 for the Cattail Marsh Wetlands 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 7th day of December, 2021. - Mayor Robin Mouton - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company for the CDBG— Street Rehabilitation Project. BACKGROUND On December 15, 2020, by Resolution No. 20-278, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of$931,571.50, for the CDBG- Street Rehabilitation Project. Previous Change Order Nos. 1-3, in the amount of$11,782.25, are attached for your review. Proposed Change Order No. 4, in the amount of$3,718.84, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of$947,072.59. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 4, maintenance, and final payment in the amount of$57,602.61 is recommended. FUNDING SOURCE Community Development Block Grant(CDBG) in the amount of$852,143.35 and Capital Program—Street Rehabilitation Program in the amount of$94,929.24. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 20-278 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the CDBG --Street Rehabilitation Project; and, WHEREAS, Gulf Coast, a CRH Company, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of$931,571.50; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast, a CRH Company, of Beaumont, Texas, is the lowest responsible bidder providing 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 Gulf Coast, a CRH Company, of Beaumont, Texas, in the amount of$931,571.50, for the CDBG--Street Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast, a CRH Company, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2020. M or Becky Ames - W g/ y CITY OF BEAUMONT Date: October 2S,2021 Project: PW1021-04 CDBG Street Rehabilitation Project Owner: City of Beaumont Contractor: Gulf Coast,A CRH Company Change Order No.: 4 Final THE FOLLOWINGCHANGES INTHE PLANS`AND/OR SPEC7FICATIONSAREHEREBYMADE: ` Adjust the estimated quantities to reflect the actual quantities. Change Order Item No. Item Code Description Unit OrigmalQuantity NmQuamfity Unit Price Amount 275 6012 CEMENT TRT(MD(E)USTING MATERIAL)(8'TO to-) SY 27.623 27334.89 $11.25 -S324124 340 6001 6GR tIMA TY-D PG70-22(137(WEARING SURFACE) TON 490 476.79 $120.00 -SI38520 340 6003 D-GR LIMA TY-F PG70-2(1257(WEARING SURFACE) TON 1.494 1593.85 $92.00 S9,186.20 340 6004 D43R IiMATY-D P070-2(1.5)(LEVEL-UP) TON. Z373 231032 595.00 -S5,95,1 354 9999 PLANE ACP(3"TO 47(SKID STEER MOUNTED SY 1.959 190433 $16.00 -$874.72 � EQUIPMENT) 530 6011 INTERSECTIONS.DRIVEWAYS.AND TURNOUTS TON 401 429.65 $216.00 $6,188.40 (ACP) TOTAL AMOUNT OF THIS CHANGE ORDER: 53,715.84 NO CALENDAR DAYS WILL BE ADDED TO THECONTRACT TIME BY THIS CHANCE ORIGINAL CONTRACT AMOUNT: S 931,57130 NET FROM PREVIOUS CHANGE ORDERS: S 11.782.25 TOTAL AMOUNT OF THIS CHANGE ORDER: S 3,71884 PERCENT OF THIS CHANGE ORDER: OAO TOTAL PERCENT CHANGE ORDER TO DATE: 1.66% NEW CONTRACT AMOUNT: S 947,072.59 ORIGINAL CONTRACT TIME: 60 Calendar Days ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS: 68 Calendar Days ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER: 0 Calendar Days REVISED CONTRACT TIME: 128 Calendar Days CONDMON OF CHANGFr - 'Contractor acknowledges and agrces that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perfmm the entire work under the contract arising directly or indirectly from this Change Order and all previous Change Orders Acceptance ofthis waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." ACCEPTED BY:' PREPARED BY: GULF COAST.A CRA COMPANY DATE 4ROAAY MMO D DATE EI CONTRACTOR DESIGNER tI RE NED BY • `\ REVIEWED BY: ---BAVTD TINGLE,ELT. DATEpMA VNA IY.MX_J1 Jl ,DATE- V(� I PUBLIC WORKS D , N MANAGER CITY ENGINEER REVIEWED BY: _ REVIEWEDBY: BART BARTKOWIAK DATE CHRIS BOONS,A.I.C.P.' DATE DIRECTOR OF PUBLIC WORKS DIRECTOR OF PLANNING AND AND TECHNOLOGY SERVICES COMMUNITY DEVELOPMENT APPROVED BY: ATTESTED BY: ' KYLE HAYES DATE TINA BROUSSARD DATE' CTTY.MANAGER CITY CLERK MY OF BEAUMONT DATE! July23.2021 ORIGINAL CONTRACT TIME(DAYS): 75 PROJECT: CDBG-STREET REHABILITATION PROJECT OWNER* CITY OF BEAUMONT JADDITIONAL TIME REQUESTED- 53 CONTRACTOR- GULF COAST.A CRH COMPANY NEW—cowkkcr TIME- CHANGE ORDER NO.:3 --1 T- ------ 0 It i T-I H y D'. 1.-1!'; f! L '1::.1 L Jji]:+.r. camul ft limb orBob Suen ft=S..h St'alto May Sba Item Na It—Code D..iptk. MR OrWwl(irandty NmQ=udq Ukrlks T-1 100 6001 JPREP ROW(NOTTO EC_CLEDS300 PER STATION) STA711 SZ93.00 SIMLOD 275 Got-, lcmarrvrr(xrx MsmG MATERIALW TO 30-) SY 24S07 27A23 sills SISMS.00 340 61101 D-GR JUVIA TY-D PG70---(15-1(WEARING SURFACE) TON Ir 490 S120.00 S28660.00 340 6004 D-GR WdA TY-D PG"M(1-"(LEVEL-UP) TON 2331, 23M, 595A0 SDAY0,00. 351 6001 RzPAlRDrFrmawxPAVEAtEXr(VASB) SY 325 p s16a.00 .1 354 nAnACP(3-T04-)(SX1DSrMM0UNTE0 3671 5591 SM" -S1 S30 6011 S216A TOTAL: -i—rn g r Ur W1 Lt pl LUNi . r r'Zj ORIGIN[ALCON'TRACTAMOUNT: S 93U71.50 NET FROM PREVIOUS CHANGE ORDERS' S 933.390.75 TOTAL AMOUNT OFTHIS CHANGE ORDER:- S 9.963,00, PERCENT OF THIS CHANGE ORDER. 1.07% TOTAL PERCENT CHANGE ORDER TO DATE: 1.26% NEW CONTRACT AMOUNT: $ 943.353.75 Contra=aftowledges;and agets that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost o�and the time required to pm*=the entire work under the ommact arising directly or indhedy from this Change Order and all previous Change Orders.Acceptance ofthis waiver constitutes an agrecatcrit between Owner and Contmcwrdw the Change OrderTepresents an all inclusive, mutually agreed upon adjustment to the Cormam and that Contractor will waive all rights to file a claim on this Change Order aft It is property ctecined. ACCEPTED BY: PREPARED BY: GULF COAST CRJAf 4C ."fkEPR—FsE—NTATr7,m1 JU101E HAMMOND IDATE ROADWAY DESIGNER n 71D _.D NGLL E(J.T. DATE AMALLk VILLARREAL P.E. PUBLIC WORKS DESIGN MANAGER CITY ENGINEER REVIEWED BY: 7/�./ � DB ROONE.AICP DATE HARTK W.Al DATE DIRECTOR OF PLANNING&COMMUNITY DEVELOPMENT DIRECTOR OF PUBLIC WORKS&TECHNOLOGY SERVICES APPROVED BY. Ily. a. KYLE HAYES.CITY MANAGER DATE TINA BROUSSARD,CITY CLERK DATE too, CITY OF BEAUMONT DATE: June 24,2-021 JoElGINAL CONTRACT TIME(DAYS): 60 PROJECT:- CDBG-STREET REIIABUITATION PROJECT OWNER CITY OF BEAUMONT JADDITIONAL TIME REQUESTED: 19 CONTRACTOR GULF COAST,A CRII COMPANY CHANGE ORDER NO.:2 NEW CONTRAST EMS: 75 -THE FOLL019IlPG:CHARGEt3 TQ THE�PLA[i6 AflD/.OR BPECIFICATIOHS AIZE HBR8BY,116ADE -.. 15 r3lmdetDaya ate beiagg—ted doe to ioclemeat—athad y. Item No. Item Code Detcriptiou Utdt Oril�Qaunry Nev Qv.otity Uclt Pe— Tofsl TOTAL: So 00 15 r•!e1e^E6 DAY&ARE ADDED TO THE CDR17311CP TI3fE BY.THffi.CHANGt3 ORDER. ORIGINAL CONTRACT AMOUNT: S 931,57150, NET FROM PREVIOUS CHANGE ORDERS: S 1.91925 TOTAL AMOUNT OF THIS CHANGE ORDER S _ PERCENT OF THIS CHANGE ORDER 0,00e% TOTAL PERCENT CHANGE ORDER TO DATE: 0201% NEW CONTRACT AMOUNT- S 933,390.75 Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents f dl compensation for all increases and decreases in the cost ot;and the time requited to perform the=tire wort under the contract arising ditcctly or indirectly from this Change Order and all previous"Change Orders.Acceptance ofthis waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutuaUy agreed upon adjustment to the Contract.and that Contrdetorwill waive all rights to files claim on this Change Order after it is property executed. ACCEPTED BY. �- PREPARED BY: r `�/it/1 6�i4lioar �RO =AY GULF COAST,A CRH COMPANY,REPRESENTATIVE DATE01 ESIGNER IT �QA-M WED B-Y* `� Ot1L,, V a s IA VILLARREAL,P.E. DATE ART FU TKOWLAX DATE CITY ENGINEER DIRECTOR OF PUBLIC WORKS&TECHNOLOGY SERVICES REVIEWED BY: CRRIS BOONE,AICP DAT DIRECTOR OF PLANNING&COMMUNITY DEVELOPMENT APPROVED BY: • �t KYLE HAYES,CITY MANAGER DATE TIM BROUSARD,'tfN CLERK DATE — — Z o®tea®\Opp i vVM�A ow �� . CITY OF BEAUMONT DATE: May 14.2021 ORIGINAL CONTRACT TIME(DAYS): 60 PROJECT: P13G-STREET REHABILITATION PROJECT OWNER: CITY OF BEAUMONT JADDITIONALTIME REQUESTED: '0 CONTRACTOR: GULF COAST.A CRH C051PANY CHANGE ORDER NO:I NEW CONTRACT TIME: 60 THE FOLLOWING CHARGES IN THE PLANS AIDIOR SPECIFICATIONS ARE HEREBY MADE: Pmpescd Change 0W.M.1.in 11v--vm-M.819 25.is needed to o akedee;es to theorigiml eeatrxt bid iiemsdae w site conditions dwovaed onm eoasnuctioa began.A 383 Sy sed.ofEaor Avtaueorigva0y,6eduled m hemi..d a10 require et85ng. . It—N. Item Code D—Apdm Unit Odghw Qmutity New Quantity Uott Prlee Tool 275 6012 ICM. NTTRT(JMDUS[DiGMATMtULXB-T010') SY 1q•ey0 2J307 $1 Ln -St}08.75 . ELANEEACP(J'TO 4'(SICID 57'EFRMOl1NTm Sy OTAPNIFIM 3,I91 3.674 51400 54t3400 TOTAL: SI.819.75 NO C)1LEImm DAYS ARE ADDED TO THE CONTRACT TIME BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: S 931571.50 NET FROM PREVIOUS CHANGE ORDERS: S TOTAL AMOUNT OF TINS CHANGE ORDER. S 1.819 25 PERCENT OF THIS CHANGE ORDER 0.20% TOTAL PERCENT CHANGE ORDER TO DATE: 020%. NEW CONTRACT AMOUNT: S 933.390.75 Contractor aeknovlodgs and agora that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost oG and the time required to perform the entire vvork under the contract arising directly or indirectly from this Clung:Order and all previous Change Orders.Aeapance of this waiver constitutes an agreement bcmvcn Oumcr and Contractor that the Chang:Order represents an all inclusive. mutually egad upon adjustment to the Contract,and that Contractor%ill vvaive all right's to file a claim on this Gunge Order after it is property ex=tcd. ACCEPTED BY: PREPARED BY: 1 A 1 `1'�ffJ�� 1 �1 GULFC_0 A . PANY.REPRESENTATIVE DATE 11AMMOID D TE c I &A11 R WAY DESIGNER H ��JVJ�vJ�r��.:+ /� ) RE BY AMALIA VILIARREAL,P.E. BART BARTIiO DATE CITY ENGINEER DIRECTOR OF PUBLIC WORKS&TECHNOLOGY SERVICES REVIEWED BY: CHMS BOONE.AICP I D DIRECTOR OF PLANNING&COMMUNITY DEVELOPMENT APPROVED BY: A GD BY: 5 a�a-1 KYLE HAYES,CITY MANAGER DATE BROU ARI),C TY CLE DATE Szs-2c o�aew�aoo o U _ , 6®� 0 L iCITY OF BEAUMONT. iw_ � ESTIMATE �I �--w'f i ! ! __ . f PROJECT lCDBG4TREET REHABILITATION PROJECT AWARDEDCONTRACTAMOUNTe $931;571:50. PERCENT OF TIME USED,, CONTRACTOR: GULF.:COAST ACRHCOMPANY CONTRACT DATE:. A d126;2021 PERCENT OF WORK COMPLETED: 100.00% MONTHLY ESTIMATE Y: 06FINAL CURRENT CONTRACT AMOUNT 947,072.59 CRANG ENDING: FINAL. CONTRACT CALENDAR DAYS:. 128. OiANGEORDERS': FINAL04 CALENDAR DAYS USED: 123 —'ITEM, ;DESC- DESCRIPTION UNIT i EST, PREVIOUS. TO DATE TOTAL ESTIMATE, UNIT TOTAL. NO.. .CODE MEASURE CITY. ESTIMATE:'. ESTIMATE: TO DATE PRICE AMOUNT; 100" 6001 PREP,ROW, STA. 124: +124.00 0.00 .124.00 'S. 298:00 S 36;952,00 27$. 60.12' CEMENT TRT(MIX:EXISTING MATERIAL)(8"T010") _-7 SY .27,334.B9 27334:89 0;00 27,334.89 $ 11.25 .$ 107,517.51 340' 6D0.1 'D,GR HMA TY-D PG70.22 0-6''(WEARING SURFACE) TON 476.79 476.78 0.00 478:79 S. 120.00 S 57,214.80 $40 6003 D•GR HMA TY F PG7042(152"(WEARING:SURFACE) TON. 1.593.85 1593.95 0.00. 1;593.85 $' 920, $ 146;634s20 340 .. 6004:.D.GR HMA TY=)PG70;22(1.5')'(LEVEGUP) TON 2,310.32 2310.32 0:00 2;310 32 $ 95:00 3 219;480:40. 351 6001 REPAIR..OF FLEXIBLE;PAVEMENT''W ASS)'. I `SY 0 0.00 0.00 .0.00.'.Si, 160:00, S' 354 9999 PLANE ACP,(3•TOA-)(SKID:STEER MOUNTED EQUIPMENT) _ BY' 1,904:33 1804.33 0.00 1;904:33 S 16:00: S 30,468:28 r000' 6001 MOBILIZATION,(NOTTOEXCEEDS% . L5 1 M 0.10 1'.11D. S. 461000a1V :S 46,000:00 _50_21 6001 BARRICADES;!SIGNSd,,TRAFFIC.HANDLING. . MO 2. ,2:00 0.00, 2:00 S 5;000.Op ,S 10;000.00 530 .1 6011: JINTERSECTIQNS.DRIVEWAYS,AND TURNOUTS:(ACP) TON 429.66 401.00 - ` `92;804:4D PREPARED BY: 25 , )UUtHAMMONDj ROADWAY DESIGNER 11 DATE GRAND TOTALAMOUNT OF WORK DONE: $ 947,072,S9 APPROVE09Y: r �� YA2 LESS 5%RETAINAGE: $ DAVID TINGL IX, BUC WORKS DESIGN MANAGER DATE APPROVEDBYe SUBTOTAL: $ 947,07259 ILLA EAL,P ', ENQI ER lDATE LESS PREVIOUS PAY ESTIMATE: $ WA69,98 APPROVED BY. ZJ AMOUNT DUE THIS ESTIMATE: B_.T ..._ OWI ,DIRECTOR OFPUBLICWORKS&TECHNOLOGYSERVICES DATE $ 37,60261 APP.ROVED'BY: CHRIS gooNkli A .DIRECTOR QPPLAXNING&COMMUNITY DEVELOPMENT DATE LX "GULF COAST,ACRH.COMPANY,REPRESENTATIVE DATE l nitl/y fhosctl pork lndudfap matri(ob mwred DyMllJimoinhavr treenempletedordeAvenedInftwfi mmwlth.t'o UMdauminK RESOLUTION NO. WHEREAS, on December 15, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-278 awarding a contract in the amount of $931,571.50 to Gulf Coast, a CRH Company, of Beaumont, Texas, for the CDBG—Street Rehabilitation Project; and, WHEREAS, on May 25, 2021, the City Manager executed Change Order No. 1, in the amount of $1,819.25, necessary to make changes to the original contract bid items due to site conditions discovered once construction began, thereby increasing the total contract amount to $933,390.75; and, WHEREAS, on June 25, 2021, the City Manager executed Change Order No. 2, in the amount of $0.00, necessary to add fifteen (15) calendar days due to inclement weather, thereby having no effect in the total contract amount of$933,390.75; and, WHEREAS, on July 27, 2021, the City Manager executed Change Order No. 3, in the amount of $9,963.00, necessary to adjust the original quantities and to extend the limits of Bob Street from Sarah Street to May Street, thereby increasing the total contract amount to $943,353.75; and, i WHEREAS, Change Order No. 4, in the amount of$3,718.84, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby increasing the total contract amount to $947,072.59; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4, in the amount of $3,718.84, to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby increasing the total contract amount to $947,072.59; and, BE IT FURTHER RESOLVED THAT the CDBG—Street Rehabilitation Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$57,602.61 to Gulf Coast, a CRH Company, of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company for the Street Rehabilitation City Wide—Phase III Project. BACKGROUND On February 9, 2021, by Resolution No. 21-032, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of$1,458,594.47, for the Street Rehabilitation City Wide—Phase III Project. Previous Change Order No. 1, in the amount of$811.75, is attached for your review. Proposed Change Order No. 2, in the amount of($60,918.77), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved,the adjustment in quantities would result in a final contract amount of$1,398,487.45. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 2, maintenance, and final payment in the amount of$81,876.80 is recommended. FUNDING SOURCE Capital Program—Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-032 WHEREAS, bids were received for a contract to furnish all labor, materials, and equipment for the Street Rehabilitation City Wide-- Phase III Project; and, WHEREAS, Gulf Coast a CRH Company, of Beaumont, Texas, submitted a bid in the amount of$1,458,594.47, as shown on Exhibit"A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast a CRH Company, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Gulf Coast a CRH Company, of Beaumont, of Huntsville, Texas, to furnish all labor, materials, and equipment for the Street Rehabilitation City Wide — Phase III Project in the amount of $1,458,594.47, as shown on Exhibit"A,"attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast a CRH Company, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of February, 2021. Mayor Becky Ames - �' U aces 9 CITY OF BEAUMONT Date: November 22,2021 Project: PW1221-10 Street Rehabilitation City Wide-Phase 3 Project Owner. City of Beaumont Contractor: Gulf Coast,A CRH Company Change OrderNo.: 2 Final ~ THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE'HEREBY MADE: Adjust the estimated quantities to reflect the actual quantities. Change Order Item No. Item Code Descri tlon Unit Orional Omotity New Quantity Unit Price Amount too 6001 PREPROW STA 162 145.70 S292.00 -S4,759.60 275 6012 CEMENT TRT EXISTING MATERIAL)(8"TO 10 SY 33.028 32329.58 S10.75 47,508.01 340 6001 D-GR HMATY-DPG70-22(IS7(WEARING SURFACE) TON 1,597 1658.75 S98.00 S6,05150 340 6003 D-GR MIATY-F PG70-22(125-)(WEARING SURFACE) TON 1,509 1600.64 S103.00 S9,438.92 340 6004 D-GR HMA TY-D PG70.22(1.5 1(LEVEL-UP) TON 3,801 359527 S89.00 418,309.97 351 6001 IREPAIR OF FLEXIBLE PAVEMENT(V ASB) SY 1,77S 173833 S60.00 42,200.20 354 6096 PLANE ASPH CONC PAV(I-TO 3-) SY 8,764 8733.11 $2.60 48031 354 9999 E<� �1-TO 3-)(SKID STEER MOUNTED SY 4,552 1524.10 S930 428,159.47 530 6011 INTERSECTIONS,DRIVEWAYS,AND TURNOUTS(ACP) TON 735 667.50 S162.00 410,935.00 713 6005 3CLEANING AND SEALING JOINTS AND CRACKS(CLASS LF 10931 9230 S2.62 44,456.62 TOTAL AMOUNT OF TITS CHANGE ORDER: -S60,918.77 - —-- - NO;CALENDAR DAYS WILL BE ADDED.TO THE CONTkAcrzIME BY.THIS CHANGE ORDER - ORIGINAL CONTRACTAMOUNT: S 1,458,594.47 NET FROM PREVIOUS CHANGE ORDERS: S 811.75 TOTAL AMOUNT OF THIS CHANGE ORDER: S (60,919.77) PERCENT OF THIS CHANGE ORDER: -4.18% TOTAL PERCENT CHANGE ORDER TO DATE: -4.12% NEW CONTRACT AMOUNT: S 1,398,487.45 ORIGINAL CONTRACT TIME: _ 180 Calendar Days ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS: 0 Calendar Days i ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER: 0 Calendar Days REVISED CONTRACT TIME: 180 Calendar Days CONDITION OF CHANGE: "Contractor aclatowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the contract arising directly or indirectly from this Change Order and all previous Change Orders.Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." ACCEPTEDW. 11/22/2021 GULF COAST,A 1VIPANY DATE, CONTRACTOR PREPARED BY: RE D 2Y- it 11 3U Zo21 D D ID TINGLE,E.LT. D TE ADWAY DESIGNER H PUBLIC WORKS DESI N MANAGER REVIEWED BY: REVIEWED BY: AMALIA VILLARREAL,P.E. DATE DART BARTKOWIAK DATE CITY ENGINEER DIRECTOR OF PUBLIC WORKS AND TECHNOLOGY SERVICES APPROVED BY: ATTESTED BY: KYLE HAYES DATE TINA BROUSSARD DATE CITY MANAGER CITY CLERK CITY OF BEAUMONP DATE: March 17,2021 PROJECT: STREBTRERABILTTATION CITY WIDE-PHASE 3 PROJECT OWNER: CITYOFBEAUMONT CONTRACTOR-GULF COAST;A CRH COMPANY CHANGE ORDERNO.1 _. ' THE,IP'OLLOWDP'GC13®IdGE3 I1CTIiIi PLANS IINDJO12.S3?ECIPICATI017§ABE HIO2B81 hfbDE' t . Due to umfaraem field conditions,a section of WeoAawn Avenue o:ginallyicheduled to be millcd will need base stabilization. Item New Item No. Code Description Unit Origiml Unit Price Total Quantity .Quantity 275 .6012 CEME4TTRT E=TING MATERIAL.(S-TO lO Sy I 37,667 33.028.00 S 10.75 S 3,880.75 354 1 9999 PLANE ACP fI"TO 3'9(SM STEER MOUNTED EQUMvWM I SY 1 4.882 1 4,552.00 1S 9.30 S (3.069 TOTAL S 811.75 - : NOCOIiTSOCT TI6>E WILL I3E'IIDDED'TO TSIS CHAIiG3:.ORDI:R - ORIGINAL CONTRACT AMOUNT: $ 1,458,594.47 NET FROM PREVIOUS CHANGE ORDERS: $ TOTAL AMOUNT OF THUS CHANGE ORDER.. S 811.75 PERCENT OF THIS CHANGE ORDER: 0.06•V.. TOTAL PERCENT CHANGE ORDER TO DATE: _ 0.06% NEW CONTRACT AMOUNT: S 1,459,40622 Contractor acknowledges and agrees tlud the adjustments in watsctprim tad contact tin stipulated in this Change Orders ptcseds full compemarion for all increases and decreases in the cost of and the time regidred to perfona the enfim work under the wetraig arising directly orindiRctly Gam this Change Order and all previous Chang-Orders..Acceptmce ofthn waiver wnsti=o m agm=mtbetwcm Owacrmd Contactor tbat the a—p Ordermpments m s8 ipebuive, =u=Uy agreed upon adjunmwt to the Connuet,and that ContractormU waive all lights to file a ckdm an this Change Ordera8erit is properly ezcuted. ACCEPT©B� /y,., ;r .n PREPARED BY: -V/// /1(�/�l�/ :? ZL 0Z7 GULF COAST:REPRESENTATIVE DATE IE 13Alt 70ND DATE ADWAY DESIGNER a �RREVIE ®BY: B . MOLLY VILL RREAL,P.E. DATE B WTAIC. DATE CITY ENGINEER DIRECTOR OF PUBLIC WORKS Er TECHNOLOGY SERVICES - APPROVED BY: TCYLE HAYES DATE ROUSSA m DATE CITYMANAmm CITYCLERK . 3- 2—v— z I 00Qyvv�O Ar ®\14R4ad�� CITY OF BEAUMONT I ESTIMATE PROJECT: ISTREET REHABILITATION CITY WIDE-PHASE 3 AWARDED CONTRACT AMOUNT: $1AS8,594.47 PERCENT OFTIME USED: 96.11% CONTRACTOR: GULF COAST,A CRH COMPANY CONTRACT DATE: March 15,2021 PERCENT OF WORK COMPLETED: 100.00% MONTHLY ESTIMATEII: 08 FINAL CURRENT CONTRACT AMOUNT: 1 $1,398,487.45 PERIOD ENDING: OCTOBER 2021-FINAL CONTRACT CALENDAR DAYS: 380 CHANGE ORDERS: 02 FINAL CALENDAR DAYS USED: 173 'ITEM a DESC` DESCRIPTION, UNIT EST.' PREVIOUS .TO DATE TOTAL ESTIMATE UNIT. - TOTAL''' .. NOi 'CODE-' MEASURE CITY." ESTIMATE ESTIMATE .i TO DATE PRICE -AMOUNT 100 6001 PREP ROW STA 162 145.70 0.00 145.70 $ 292.00 $ 42,544.40 275 6012 CEMENT TRT(MIX EXISTING MATERIAL)(8"TO 10') Sy 33,028 32329.58 0.00 32,329.58 $ 10.75 $ 347,542.99 340 6001 D-GR HMA TY-D PG70-22(1.6")(WEARING SURFACE) TON 1,597 1697.00 61.75 1,668.75 $ 98.00 $ 162,557.50 340 6003 D-GR HMA TY-F PG70-22(1.25')(WEARING SURFACE) TON 1,509 1600.64 0.00 1.600.64 $ 103.00 $ 164,865.92 340 6004 D-GR HMA TY-D PG70-22(1.61(LEVEL-UP) TON 3.801 3595.27 0.00 3,596.27 $ 89.00 $ 319,979.03 351 6001 REPAIR OF FLEXIBLE PAVEMENT(8"ASB) Sy 1,775 1738.33 0.00 1,738.33 $ 60.00 $ 104,299.80 354 6096 PLANE ASPH CONC PAV(1"TO 3') Sy 8;764 8733.11 0.00 8,733.11 $ 2.60 $ 22,706.09 354 9999 PLANE ACP(1"TO T)(SKID STEER MOUNTED EQUIPMENT) Sy 4,552 1524.10 0.00 1,524.10 $ 9.30 $ 14;174.13 500, 6001 MOBILIZATION(NOT TO EXCEED 5%) LS 1 0.90 0.10 1.00 1 $ 65,300.00 $ 65,300.00 502' 6001 BARRICADES,SIGNS&TRAFFIC HANDLING MO 6 6.00 0.00 .6.001 $ 3,700.00 $ 22,200.00 530 6011 INTERSECTIONS,DRIVEWAYS,AND TURNOUTS(ACP) TON 735 667.50 0.00 667.50 1 $ 162.00 $ 108,135.00 713 6005 CLEANING AND SEALING JOINTS AND CRACKS ICLASS 3) LF 10,931 9230.00 0.00 9,230.00 1 $ 2.62 $ 24,182.60 PREPARED BY: III HAMMOND^A DESIGN 11 DATE GRAND TOTAL AMOUNT OF WORK DONE: $ 1,398,487.45 APPROVED BY: ! c 1I 3� Zo?-1 LESS 5%RETAINAGE: AVID TINGLE,E.I.T.,P BLIC 4bR DESIGN MANAGER 11 DATE e•=\' �`�2c� I ^,�, /� SUBTOTAL: $ 1,398,487.45 APPROVED BY: AMALIA VILLARREAL,P.E.,CITY ENGINEER DATE LESS PREVIOUS PAY ESTIMATE: $ 1,316,610.65 APPROVED BY: FINAL PAYMENT WITH RETAMAGE: $ 81,876.80 BART BARTKOWIAK,DIRECroRA PUBLIC WORKS&TECHNOLOGY SERVICES DATE i 11-22-2021 GULF COAST,A CRH CO IM REPRESENTATIVE DATE I certify that oll work racluding mi s covered by this lnvolcehave been completed or delivered In accordance with Contmct documents 1 of 1 RESOLUTION NO. WHEREAS, on February 9, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-032 awarding a contract in the amount of $1,458,594.47 to Gulf Coast, a CRH Company, of Beaumont, Texas, for the Street Rehabilitation City Wide-Phase III Project; and, WHEREAS, on March 24, 2021, the City Manager executed Change Order No. 1, in the amount of $811.75, for stabilization of a section of Woodlawn Avenue that was originally scheduled to be milled, thereby increasing the total contract amount to $1,459,406.22; and, WHEREAS, Change Order No. 2, in the amount of ($60,918.77), is necessary to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $1,398,487.45; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of ($60,918.77), to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $1,398,487.45; and, BE IT FURTHER RESOLVED THAT the Street Rehabilitation City Wide-Phase III Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$81,876.80 to Gulf Coast, a CRH Company, of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution approving a contract with McGriff Insurance Services Inc., of San Antonio for workers' compensation excessinsurance. . BACKGROUND The City is self-insured for its workers' compensation program. The excess insurance coverage limits the City's liability for claims from any one job-related accident or injury. The City's liability is called Self Insured Retention(SIR), which means the insurance carrier will cover all cost incurred on any individual claim of more than$750,000 up to any amount authorized by statute. Our current policy is with McGriff, Seibels & Williams. The annual premium for the calendar year 2021 was $139,520 with an SIR of$750,000. Approximately 1,238 full-time employees and more than 111 part-time, temporary and/or casual employees are covered by workers' compensation. A Request for Proposal was sent to twenty (20)vendors and three responses were received. A panel of City employees reviewed the responses and recommend a contract with McGriff Insurance Services Inc. All specifications were met, and the results are attached for review. The policy is for one year with an option to renew for one additional year. Based on the 2022 projected payroll of$102,584,900, the annual premium will be $206,709. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of the resolution. BEAUMONT .TEXAS . City of Beaumont,Texas CRITERIA SCORING SHEET RFP Opening Date: November 18,2021 RFP Number: TF1022-02 RFP Name: Workers'Compensation Excess Insurance McGriff USI Southwest HCDT CRITERIA MAX POINTS San Antonio,TX Houston,TX San Antonio,TX Requirements of Proposal 20 20 20 20 Ability to Provide Quotes for Additional Years 15 14.5 3.25 3.75 Financial Stability 10 9.25 10 9.5 Experience 10 10 10 9.5 Company History 10 10 10 9.25 Cost 35 33.25 27.50 22.5 TOTAL 100 97.00 80.75 74.5 RESOLUTION NO. WHEREAS, Requests for Proposals were received for a policy for excess workers' compensation insurance; and, WHEREAS, McGriff Insurance Services, Inc., of San Antonio, Texas, on behalf of Arch Insurance, submitted a response as follows: $206,709.00 Annual rate based on the 2022 projected payroll of $102,584,900.00 and, WHEREAS, City Council is of the opinion that the response submitted by McGriff Insurance Services, Inc., of San Antonio, Texas, on behalf of Arch Insurance, 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 response submitted by McGriff Insurance Services, Inc., of San Antonio, Texas, on behalf of Arch Insurance, for a policy for excess workers' compensation insurance in the amount of$206,709.00 be accepted by the City of Beaumont. The policy is effective January 1, 2022 with an option to renew for one (1) additional year; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Arch Insurance, of Jersey City, New Jersey, 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 7th day of December, 2021. - Mayor Robin Mouton - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution casting the City of Beaumont's votes (459)to Lauren Williams Mason for election to the Jefferson Central Appraisal District Board of Directors for the 2022-2023 term of office. BACKGROUND A letter from Angela Bellard, Chief Appraiser, is attached. RECOMMENDATION Approval of the resolution. ON Jefferson Central Appraisal District Phone (409)840-9944 9jS T. P.O.Box 21337 4610 S.Fourth St. (409)727-4611 www.jcad.org Beaumont,Texas 77720-1337 Beaumont,TX 77705 Fax (409)727-5621 Chief Appraiser MEMBERS OF THE BOARD Angela Bellard,RPA, RES,AAS Terry Schwertner, Chairperson Eugene Landry, Secretary October 18, 2021 Allison Nathan Getz Lauren Williams Mason Dr. Louis Reed,Jr. Ms. Robin Mouton Mayor n._- e l.lCy lii B aiiniivit� P O Box 3827 Beaumont TX 77704 Dear Mayor Mouton: In accordance with Section 6.03(f) of the Property Tax Code, I have enclosed a copy of the ballot of the nominees for the Jefferson Central Appraisal District Board of Directors for the 2022 - 2023 term of office. All five positions on the Board of Directors are up for re-election. You may cast all of your votes for one nominee or distribute them as you wish among the nominees. Each taxing unit entitled to vote must cast it � a resolution adopted by its governing body and submit it to me befo December 15, 2021. Please refer to the enclosed voting allocation to determine the number of votes your entity is entitled to in this election. The nominee receiving the majority of the votes of the conservation and reclamation districts will receive all of the votes cast by these districts. Sincerely, Ange a Bellard, RPA, RES, AAS Chief Appraiser pj b �A02021'�� Enclosures - 2 �0�� ELECTION BALLOT Jefferson County Appraisal District Board of Directors, 2022 - 2023 Term of Office The following individuals have been nominated: Allison Nathan Getz Eugene Landry Lauren Williams Mason Nicky Matt Dr. Louis Reed JEFFERSON COUNTYAPPRAISAL DISTRICT Voting Allocation for 2022 -2023 Board of Directors Based on 2020 Tax Levies % of Total 2020 Tax Lew Tax Lew # of Votes Drainage District#6 $20,570,123.42 3.39% 169 Drainage District#7 $33,408,896.01 5.50% 275 Navigation and Waterways Dist $21,640,932.43 3.56% 178 Port of Beaumont $11,011,512.63 1.81% 91 Port of Port Arthur $11,809,139.93 1.94% 97 Port of Sabine Pass $1,215,034.21 0.20% 10 Trinity Bay Conservation Dist $25,124.47 0.00% 0 WCID #10 $1,163,394.56 0.19% 1-0 SUBTOTAL C & R DISTRICTS: $100,844,157.66 16.60% 830 Jefferson County $88,186,540.62 14.52% 726 Beaumont ISD $138,370,797.63 22.78% 1,139 Hamshire-Fannett ISD $9,144,531.17 1.51% 75 Hardin Jefferson ISD $6,385,935.29 1.05% 53 Nederland ISD $37,686,593.77 6.20% 310 Port Arthur ISD $82,576,036.09 13.60% 680 Port Neches-Groves ISD $35,893,614.19 5.91% 296 Sabine Pass ISD $10,236,088.26 1.69% 84 City of Beaumont $55,762,721.99 9.18% 459 City of Bevil Oaks $123,714.14 0.02% 1 City of Groves $6,143,572.98 1.01% 51 City of Nederland $7,166,215.37 1.18% 59 City of Port Arthur $21,651,856.26 3.56% 178 City of Port Neches $7,161,288.31 1.18% 59 City of Taylor Landing $50,776.60 0.01% 0 SUBTOTALS: $506,540,282.67 83.40% 4,170 TOTALS: $607,384,440.33 100.00% 5,000 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby casts all of its votes for Lauren Williams Mason to the Board of Directors of the Jefferson Central Appraisal District. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton - 1 December 7,2021 Consider a request for a Specific Use Permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District located at 3355 Gladys Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager GS PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District located at 3355 Gladys Avenue. BACKGROUND Charles Shajari on behalf of Saiyad Ali, is requesting a Specific Use Permit to allow a gasoline retailer/convenience store at 3355 Gladys Avenue. Mr. Ali plans to demolish the existing buildings and construct a new facility. The service station would be open 24 hours per day and employ five (5) or six (6) full time employees. Engineering has noted that it would be beneficial to shift the two (2) existing driveways (located between the building and the fuel canopy) to the north about fifteen(15) feet to more properly align with the driveway crossing the property. In addition, the parking along the west side of the building does not meet City requirements and should be removed from the site plan along with the southwest driveway. Ten parking spaces will,however, be required. Per the City Landscaping Ordinance,trees are required as part of the 6' wide landscaped buffer at each property line between parking and the right-of-way. Trees will be required along with shrubs along Longfellow Drive, but will not be allowed along Gladys Avenue or IH-10 N, due to overhead power lines. In addition, sidewalks will be required along all three (3) right-of-ways. Properties to the west and north are residential. In order to protect these properties as much as possible from the effects of a convenience store, all lighting must be shielded. At a Joint Public Hearing held on November 15, 2021, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District with the following conditions: 1. Remove the southwest driveway, shift the two (2) existing driveways (located between the building and the fuel canopy)to the north about fifteen(15) feet, remove parking spaces on the west side of the building and add two parking spaces that meet City standards. 2. Sidewalks shall be installed/maintained along all three (3)right-of-way frontages. 3. Landscaping must meet City requirements. 4. Shield lighting from residential neighbors to the west and north. 5. Pavement between the sidewalk and back of curb must be removed and replaced with sod. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Remove the southwest driveway, shift the two (2) existing driveways (located between the building and the fuel canopy)to the north about fifteen(15) feet, remove parking spaces on the west side of the building and add two parking spaces that meet City standards. 2. Sidewalks shall be installed/maintained along all three (3)right-of-way frontages. 3. Landscaping must meet City requirements. 4. Shield lighting from residential neighbors to the west and north. 5. Pavement between the sidewalk and back of curb must be removed and replaced with sod. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type: Specific Use Permit Tag Name: PL DI TR 225-B&225 Case#:PZ2021-367 Initiated On: 10/20/2021 8:40:13AM Location:3355 GLADYS AVE, BEAUMONT,77706 Individuals listed on the record. Applicant Saiyad All Home Phone:409-225-1187 2210 Marian Lee Ln. Work Phone: Richmond„TX 77469 Cell Phone:409-225-1187 E-Mail:saiyadl967@yahoo.com Properly Owner John Wilson Home Phone: 4190 Gladys Ave Work Phone: Beaumont,TX 77706 Cell Phone:281-743-2320 E-Mail:jwilson@jwilsons.com Agenf Charles Shajari Home Phone: 409-351-2601 87 Interstate 10 N Suite 115 Work Phone: Beaumont,TX 77707 Cell Phone:409-351-2601 E-Mail: benchmark1990@gmail.com Case Type:Planning and Zoning Pagel of 3 Case#:PZ2021-367 Printed On:10/20/2021 BEAUMONT Planning& Community Development Legal Description Plat D-16,Tract 225-B&225-J,A.Williams Survey Number of Acres 0.68 Proposed Use C-store,gasoline retailer That the specific use will be We proposed to build a new and modern gas station approximately compatible with and not injurious to 4500 sf with 6 gas pumps and deli and luxurious exterior elevation the use and enjoyment of other with 15 parking spaces and the drive thru.This store will be 24 hours property,nor significantly diminish or open.There will be 8'wood fence on the south side of the property. impair property values within the The dumpster will be enclosed as shown on site plan.There will be a immediate vicinity sign for gas price and location and height will comply with the City Ordinance requirement.All the existing sidewalks will be reconstructed.All existing driveways on Longfellow will remain for use and from 1-10 Frontage Rd will be closed and have one as per TxDot approval. That the establishment of the specific As a new construction retail business,our building will be attractive use will not Impede the normal and to surrounding area. orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, There will be no impact to existing utilities and drainage system will drainage and other necessary be designed by drainage engineer in compliance with City's supporting facilities have been or will requirement. be provided The design,location and arrangement There are 8 existing driveways.All driveways on Gladys Street will be of all driveways and parking spaces closed and from 1-10 Frontage Road there are 3 driveways.2 will be provides for the safe and convenient eliminated and closed and one will be utilized for egress. From movement of vehicular and pedestrian Longfellow Drive there 3 existing driveways and we would like to keep traffic them for ingress/egress.Also,it will be easier for 18-wheeler gas delivery truck for easy access.Therefore,for the safety concerns it poses regarding ingress/egress.Therefore,all traffic will be going thru Gladys Ave to Longfellow Drive then exit on 1-10 Frontage Road. That adequate nuisance prevention We have frequent inspections from the City of Beaumont Health measures have been or will be taken Dept.,&Fire Marshal and State for all safety aspect.Our dumpster to prevent or control offensive odor, will be enclosed with wood fence as per code and grease trap will be fumes,dust,noise and vibration cleaned periodically.There will be no noise and vibration. That directional lighting will be The proposed parking lots and building area will have the LED lights. provided so as not to disturb or All LED lighting will be proper luminous to not disturb or affecting adversely affect neighboring neighboring properties.They all facing to ground within the property properties area. That there are sufficient landscaping Due to overhead power line,there will no trees only shrubs on and screening.to insure harmony and Longfellow Drive,Gladys and 1-10 Frontage Road as per code. compatibility with adjacent property That the proposed use is in The proposed C-Store with gas will comply with all City of Beaumont accordance with the Comprehensive Building Codes. Platt Case Type:Planning and Zoning Page 2 of 3 Case#:PZ2021-367 Printed On:10/20/2021 C-Store Gas Station 3355 Gladys Ave Beaumont,TX 77706 October 20,2021 The specific use of the property is compatible with other properties in the area. We will have a total 5 to 6 Rill time employees and 24 hours operation. The building and structure will be very modern and contemporary style with combination of stucco and culture stone in front and all sides. All existing sidewalks will be reconstructed and landscaping with sln-ubs on all sides as per City's requirements. Complete set of construction plans will be provided for permitting when this SUP is approved. We would like to start the project in the fall of 2021 with ground break and construction. Our goal when approach this project is to use excellent quality and safe/effective workmanship in accordance with the city ordinance. We believe this will help to catapult economic growth and development in these communities. We truly believe in ourselves and the people that we serve in these communities that they too would have an extraordinary experience when they are shopping in our facilities. Sincerely, Saiyad Ali, ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GASOLINE RETAILER/CONVENIENCE STORE IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 3355 GLADYS AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Charles Shajari, on behalf of Saiyad Ali, has applied for a specific use permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District for property located at 3355 Gladys Avenue, being Plat D16, Tracts 225-B & 225J, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 0.68 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District for property located at 3355 Gladys Avenue, subject to the following conditions; • Remove the southwest driveway, shift the two (2) existing driveways (located between the building and the fuel canopy)to the north about fifteen (15) feet, remove parking spaces on the west side of the building and add two parking spaces that meet City standards; • Sidewalks shall be installed/maintained along all three (3) right-of-way frontages; • Landscaping must meet City requirements; • Shield lighting from residential neighbors to the west and north; • Pavement between the sidewalk and back of curb must be removed and replaced with sod; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a gasoline retailer/convenience store is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District for property located at 3355 Gladys Avenue, being Plat D16, Tracts 225-B & 225J, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 0.68 acres, more or less, as shown on Exhibit"A," is hereby granted to Saiyad Ali, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Remove the southwest driveway, shift the two (2) existing driveways (located between the building and the fuel canopy) to the north about fifteen (15) feet, remove parking spaces on the west side of the building and add two parking spaces that meet City standards; • Sidewalks shall be installed/maintained along all three (3) right-of-way frontages; • Landscaping must meet City requirements; • Shield lighting from residential neighbors to the west and north; • Pavement between the sidewalk and back of curb must be removed and replaced with sod. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton - PZ2021-367: Request for a Specific Use Permit to allow a gasoline retailer/convenience tore in an NC (Neighborhood Commercial)District. 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S f�14g1 i7 - j F 4 y } I1'�e }e�`�r'�7 M�,�6 I�t I�i l f 'I'j& C� 'rd ''i J`3' C �r} __ .��''C3'J,;1� t. "� f 3 `�I, a'�.� � 1`��}I�x� nr, ��'�d F• .'7 m �7 le !fr" ,. . � 'S Ilk �l I'�Ss"'.' 171 i. f 7r1, ,� .,• EXHIBIT"A" 3355 Glay ds Street I REMOVE SREPLACE::.: ii:+ i •?�::v............... I ..;i:.. ..:"E%6HiiGDplltVtAlf:.i::�i::�:-:ii:i?�:�:�$:::$.RfN.O..-0• ihC ri::L:}i:!.:::r-.:.::..•.::�... Too i I ::S�SRNGARE•:��:� EtE.0500:'�i:v •::•::::•::5:•:ii::.fleStINGDPJ4EVIAYi:::•:�i:i'�::::::::::::::�:�:•'?:•. IHYOR'NS'� :.:C`ONCR fE IO:SVU'?:;::.•::.:?is?��.:::-�.:�:�..��. _ _ Q Ii ��`N$8 4V'fL fL�••80•:9�..:. _ _ _ _ ER6tWG:OWERLINE::.:.::.�.'::.. :. it--a'irvtititi•:•r�if i 13 i lo,bo ..12 I . I y ,j 1 E%ISTIN p'� io .41 0 a O co LL � e 1 4, 1°s0l W�r O20, I � 1 40'sRt 'i• 4' r — I Ewsiw i CM I 0 20' ! I � —20—� •°.j 1 I PROPOSE°8'W FE— I j� S8705014'W 131.23' 151, ! PROPOSED CONCEPT SITE PLAN 1 3355 Gladys Ave EXHIBIT LLB" 1 f . 2 December 7,2021 Consider a request to rename Buford Street between Port and Brooklyn Streets to McCarty Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a request to rename Buford Street between Port and Brooklyn Streets to McCarty Street. BACKGROUND Reverend Willie F. Williams, Jr, has requested to rename a portion of Buford Street to McCarty Street. Reverend Williams states that the street should be renamed in honor of the work Reverend William Nelson McCarty, Sr. accomplished in the community specifically the South End of Beaumont. Reverend McCarty accepted Starlight's call for service in December of 1948 and began plans for re-organizing ministries, including the order of worship, and the church's future expansion. Under his leadership membership increased dramatically and new ministries were introduced and flourished. In 1970 his leadership in the civil rights movement, helped the minority community begin to thrive in Southeast Texas. In 1985, The Family Institute was introduced, providing after school student tutorials, a reading program,personal finance lessons and a myriad of other activities to enhance the community. Reverend McCarty led the Starlight church for 3 8 years and he's fondly remembered by the community he served and the church he led. The Street Renaming Policy for the City of Beaumont states that "If City Council determines by a 3/vote of approval that special circumstances surround a street name change request, then City Council may change the name of a street without approval of seventy-five (75%)percent of the abutting property owners. " There are two (2)properties in the subject area using Buford Street addresses. At a Joint Public Hearing held on November 15, 2021,the Planning Commission recommended 8:0 to approve the request to add"McCarty Street" as an honorary name to the section of Buford Street between Port and Brooklyn Streets. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. e Fwd: "EXTERNAL" Starlight Baptist Church Demi Laney <Demi.Laney@beaumonttexas.gov> Wed 10/6/2021 4:39 PM To: Adina Josey<Adina.Josey@BeaumontTexas.gov>;Chris Boone<Chris.Boone@ Beau montTexas.gov> Get Outlook for iOS From:Willie Williams<wfwilliamsjr@me.com> Sent:Wednesday,October 6,20213:20:27 PM To: Demi Laney<Demi.Laney@beaumonttexas.gov> Subject:"EXTERNAL"Starlight Baptist Church October 5, 2021 Chris Boone Planning and Community Development Director City of Beaumont 801 Main Street Beaumont,Texas 77701 Dear Mr. Boone On behalf of the Starlight Missionary Baptist Church, I as Pastor am requesting to rename a portion of Buford Street, from Brooklyn to Port streets, as McCarty Street. As the eighth Pastor of the Starlight Baptist Church,with 8 being a biblical number of new beginnings. I believe it to be fitting as we stand on the shoulders of those who have come before us, to in perpetuity have the churches physical address to be 1090 McCarty Street. Rev.William Nelson McCarty, Sr. and the work he did in the community, specifically the South End of Beaumont. Reverend McCarty accepted Starlight's call for service in December 1948 and began plans for re-organizing ministries, including the order of worship, and the church is future expansion. Under his leadership membership increased dramatically, and new ministries were introduced and flourished. In 1970 his leadership in the civil rights movement, help the minority community to began to thrive in Southeast Texas. In 1985,The Family Institute was introduced, providing after school student tutorials, a reading program, personal finance lessons and a yriad of other activities to enhance the community. Rev. McCarty lead the Starlight church for 38 years and he's fondly remembered by the community he served and the church that he lead. Also to follow, here's a letter of support from the Port Director and CEO of the Port of Beaumont, Chris Fisher. Sincerely in Christ, Rev.Willie F. Williams,Jr. Pastor Sent from my iPhone This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - please click the Phish Alert button in your email to report it. ®C�l � P October 4, 2021 �'y o N T Chris Boone Planning& Community Development Director City of Beaumont 801 Main Street Beaumont,Texas 77701 Dear Mr. Boone: On behalf of the Port of Beaumont, I am writing in support of Starlight Missionary Baptist Church's request to rename a portion of Buford Street,spanningfrom Brooklyn to Port streets, as McCarty Street. The proposed name change is requested to honor the legacy of the late Reverend William Nelson McCarty, Sr., and the work he did in the community, specifically the South End of Beaumont. Reverend McCarty accepted Starlight's call for service in December 1948 and began plans for re-organizing ministries, including the order of worship, and the church's future expansion. Under his leadership, membership increased dramatically, and new ministries were introduced and flourished. In 1985, The Family Institute was introduced, providing for student tutorials, a reading program, grooming classes,thrifty financing lessons, educational games and a Family Fellowship brunch. Reverend McCarty lead Starlight Church for 38 years and is fondly remembered by the community he served. Please feel free to contact me via email at dcf@pobtx.com or by phone at 409-835-5367 should you wish to further discuss Starlight Church's request. I would be happy to expand on my recommendation. Sincerely, C ris Fisher Port Director& CEO P.O.Drawer 2297 • Beaumont,Texas U.S.A.77704 • 409/835-5367 FAX 409/835-0512 www.portofbeaumont.com ORDINANCE NO. ENTITLED AN ORDINANCE CHANGING THE NAME OF BUFORD STREET BETWEEN PORT AND BROOKLYN STREETS TO McCARTY STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Buford Street, between Port and Brooklyn Streets in the City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A," attached hereto and made a part hereof, be and the same is hereby renamed to McCarty Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton - Z2021-359: Request to rename Buford Street between Port and Brooklyn Streets. Applicant: Rev. Willie F. Williams, Jr., on behalf of Starlight Missionary Baptist Church Location: Buford Street between Port and Brooklyn Streets 0 100 200 i I I Feet Legend 359 PD 'a- � - � J d'i P J s .• Y G 6 i�Y3. �i-.G. 1 .4,�v - - 1. ...-r. 49•y d °�. '.F�. �`� n C��Cf�r 4_°y t "`(.-..,s �.-` .y�.�� - ,, � .t'. ,� J iy.t' { e; r.. /. ?,�i 1y, ,t f t� d&C .am 4.5 r x r 1i uf"°�' In t'd.•y� r�Y.�1\.i �i.:, y. E»z. :T' 'F 'RM H' rx j 5 �yK -i it 'RM'H i g Pa Z�,.j} jj 111lARTt. STtE� t �--- �� LPN 'dL EXHIBIT "A" 3 December 7,2021 Consider authorizing the City Manager to execute a contract with Jefferson County related to the housing of prisoners at the County Jail BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to execute a contract with Jefferson County related to the housing of prisoners at the County Jail. BACKGROUND The proposed contract would be effective upon execution and shall continue until and through October 31, 2022. Thereafter, the contract shall continue from year to year thereafter unless terminated by either of the parties in accordance with the provisions outlined in the contract. A copy of the proposed contract is attached for your review. 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 an Intergovernmental Contract between the City of Beaumont and Jefferson County related to the housing of prisoners at the Jefferson County Jail effective upon execution and terminate October 21, 2022 and continue thereafter year to year unless terminated by either of the parties in accordance with the provisions outlined in the contract. The Intergovernmental Contract 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 7th day of December, 2021. - Mayor Robin Mouton - INTERGOVERNMENTAL CONTRACT;BETWEEN JEFEERSON COTJNTY,-TEXAS AND THE CITY`:OF BEAUMONT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE' COUNT.YOF JEFFERSON § PRESENTS': 202i THIS CONTRACT is executed this day of /g�� d ,by and between the.COUNTY OF JEFFERSON, STATE OF TEXAS, called "County," acting by and through its duly elected and.qualified Commissioners Court,and,the.CITY OF BEAUMONT, a Home Rule City of Jefferson County,Texas,hereinafter called"City,"under the terms;authority and-provisions of Chapter 791-of the Texas Government Code. WHEREAS,it has been found and determined by the Commissioners' Court of Jefferson County,Texas, and by the City Council.of the City of Beaumont,Texas,that it is advantageous to- each named governmental entity that services be'exchanged between the.County and the City-with. regard to the governmental functions.hereinafter described and that the exchange of such services will-result in increased efficiency and economy to the citizens of'each such governmental entity with regard to the described governmental functions; and WHEREAS:, it is agreed,by.the governing bodies of the County,:and the .City that the- consideration moving between the parties in support of this agreement is the exchange of services and payment of reasonable compensation as herein contemplated: NOW THEREFORE, .in consideration of the covenants., conditions and undertakings hereinafter-described,it is agreed: page of 7 EXH[ fT 'A"- 1. The contractual relationship created in this agreement shall begin on November 1, 2021 and shall continue until and through October 31, 2022. Thereafter, the contract shall continue from year to year thereafter unless terminated by either of the parties in accordance with Paragraph 7 and will automatically renew according to the terms and conditions herein unless terminated by giving written notice as outlined herein below. 2. The County and the City,in paying for the performance of governmental functions and services described in this contract, shall make payment therefore from current revenues available to the paying party. The daily charges may be revised by written amendment to this agreement. However,the daily charge shall be uniformly assessed to all cities in Jefferson County. 3. The authority of each political subdivision to perform a contractual service under this contract includes the authority to apply the rules, regulations, and ordinances of the political subdivision providing the service or services contemplated by this agreement. In this regard, in the event any other city in Jefferson County is charged an amount less than the$75.00/day charge established herein,then the City of Beaumont's daily rate shall be reduced to such lesser amount effective for any and all days the lesser amount is charged to said other city. 4. During the existence of this contractual relationship, County shall maintain a jail facility which will,as nearly as possible,conform to the physical and operational requirement of Chapter 351 and Section 351.001 of the Texas Local Government Code. All property,real and personal, necessary to the maintenance and operation of such jail,and all personnel required for the operation of such facility shall be furnished by County at the expense of County. City may, at its option, lodge all persons arrested by City Peace Officers who are to be detained in the jail facilities of County. The detention of such person in the County Jail shall be subject to the control of the Page 2 of 7 appropriate court with whom an information,complaint,indictment,or other legal process maybe filed. 5. It is specifically agreed that the jail facilities of County shall remain under the control of the Commissioners' Court of Jefferson County, Texas, and that the Sheriff of Jefferson County, Texas shall maintain authority and responsibility arising out of the statutes of this state to exercise full control over the operation of the jail facility. In a period of emergency, when the jail facility becomes overcrowded or if other conditions arise which make it necessary for the sheriff of the County to restrict the number of prisoners placed within the facility,then,during such emergency, the sheriff may decline to imprison or release those persons charged with Class C misdemeanors in a Municipal Court of City.The extent and duration of the emergency shall be determined by the Sheriff of Jefferson County and her determination in that regard shall be final and not subject to review by the governmental bodies of City or County. A. CLASS C NIISDEMEANOR OFFENSES Al. It is mutually agreed between the parties hereto that upon presentation by a city police officer of a prisoner for a Class C Misdemeanor Offense to be held for Municipal Court, Sheriff may book the prisoner in the Jefferson County Jail,once the prisoner is medically cleared, and the Sheriff will be responsible for the care and custody of the prisoner and his or her property. Billing costs and fees of the prisoner will begin at the time of book-in and as recorded in the jail records of the Sheriff. The Sheriff further agrees that he/she will not release from custody a prisoner who has been booked into the Jefferson County Jail until his or her release is lawfully ordered by the Municipal Court, a bail bond or recognizance is furnished, or such prisoner is released to the custody of the City or other responsible officials or parties. Billing costs will end when the prisoner is released from the Jefferson County Jail either by lawful court order, a bail Page 3 of 7 bond or recognizance being furnished,or when the City resumes physical custody of the prisoner. The time and date of release of the prisoner shall be recorded in the jail records of the Sheriff. A2. The City shall pay to the County for the housing of prisoners at $75.00 per day payable monthly.The$75.00 per day charge will be broken down into six-hour segments at$18.75 per/segment for any day until the prisoner is released as stated in Al.The$75.00 per/day charge will apply to any part of any 6-hour segment of a day until released. A3. Should a prisoner detained and/or incarcerated hereunder for a Class C misdemeanor by the Municipal Court require medical treatment in a hospital, then, in the sole discretion of the medical staff in charge of the county infirmary, expenses of such emergency or extraordinary medical or surgical treatment shall be the responsibility of the City. Charges for such treatment will be forwarded to the City as a part of each scheduled billing as outlined herein. A4. The City shall be responsible for the transportation of prisoners from the jail to the City Municipal Court or other court facility designated by the City. A5. It is further agreed that during the term of this agreement,the City will be solely responsible for collecting any fines and or bonds assessed by the City's Municipal Court against any inmate who is the subject of this agreement. A6. In the furnishing of j ail facilities under this contract,each party shall be responsible for the acts and omissions of its officers and employees without waiver of any immunities or defenses against the claims of third parties. This agreement shall not constitute an indemnification agreement for the acts or omissions of any party. Page 4 of 7 B. CLASS B MISDEMEANOR OR HIGHER OFFENSES B1. It is mutually agreed between the parties hereto that, upon presentation by a city police officer of a prisoner for a Class B Offense or higher without a warrant or court commitment, the Sheriff may book the prisoner in the Jefferson County Jail once the prisoner is medically cleared and will then be responsible for the care and custody of the prisoner and his or her property. Billing costs and fees of the prisoner will begin at the time of book-in. The Sheriff further agrees that she will not release from custody a prisoner who has been booked into the Jefferson County Jail until his or her release is lawfully ordered,or a bail bond or recognizance is furnished,or such prisoner is released to the city or other responsible officials or parties. B2. If the prisoner is booked into the Jefferson County Jail under a Jefferson County arrest warrant or court commitment, the prisoner will be booked without charge to the City. All other prisoners booked into the facility under a Class B offense or higher will be billed to the city upon book-in for costs as described in paragraph B3 until such time he or she is released or charges of$75.00 have accrued. B3. The City shall pay to the County for the housing of prisoners for Class B offenses and higher at $75.00 per day payable monthly. The $75.00 per day charge will be broken down into six-hour segments at$18.75/segment for any day, until the prisoner is released or charges of $75.00 have accrued. The $75.00/day charge will apply to any part of any day until released or $75.00 of charges have accrued. 6. In settlement of any and all claims for past services, the City shall pay the sum of $2,000,000 to the County on or before December 31, 2024, with such payment to be utilized by the County solely for the construction or operation of a substance abuse and mental health Page 5 of 7 treatment center. The provisions of this Paragraph shall survive any termination of this Agreement and may be enforced by an action for specific performance in the District Court of Jefferson County, Texas. Upon execution of this Agreement, County shall fully release such prior claims and dismiss its present litigation with prejudice. 7. Either City or County may,upon 30-day advance notice in writing,terminate this contract. 8. The provisions of this contract shall be cumulative of all provisions of the statutes of the State of Texas and all provisions of the Charter and Ordinances of the City of Beaumont,Texas. By the execution of this Contract, neither County or City waive defenses of governmental immunity to tort liability for claims by third parties available to each of them under the laws of the State of Texas or the United States and,insofar as City is concerned,the Charter of the City of Beaumont,Texas. 9. All claims,disputes and other matters in question arising out of or relating to this contract shall be submitted to mediation or non-binding arbitration pursuant to the Section 791.015 and Chapter 2009 of the Texas Government Code, prior to any filing of any claim in a Texas court. Each party shall pay its own legal and other costs relating to the mediation or the non-binding arbitration regardless of the outcome of the mediation or the non-binding arbitration. 10. The provisions of this contract shall be cumulative of all provisions of the statutes of the State of Texas. By the execution of this Contract, neither County or City waive defenses of governmental immunity to tort liability to third parties available to each of them under the laws of the State of Texas or the United States for any claims arising under this Agreement. EXECUTED the day and year above written. Page 6 of 7 JEFFERSON COUNTY SHERIFF'S"OFFICE ZENA EPHENS, She_' Jefferson County,Texas :ATTEST: ONFRS1tl JEFFERSON CO ,TEXAS County Clerk, Co as JRB K r o • C.�, t o. C linty Ju. ge ATTEST: CITY OF BEAUMONT City Clerk,City of Beaumont,Texas. Kyle Hayes City-Manager Page 7 of 4 December 7,2021 Consider authorizing the City Manager to execute a contract with Jefferson County related to potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with Jefferson County related to potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility. BACKGROUND The proposed contract outlines the requirements of the City and the County related to the provision of potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility. Jefferson County would be charged the same rates for water and sewer services as established from time-to-time by the City Council for inside the City of Beaumont rates established in the Code of Ordinances. The contract shall be for a period of 12 months from and after the date of execution and shall continue there after year to year until either parry gives 30 days written notice of intent to terminate the agreement. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract between the City of Beaumont and Jefferson County related to potable drinking water services and ni sa tary sewer services to the Jefferson County Correctional Facility for a one (1) year term commencing from and after the date of execution and continuing thereafter year to year until either party gives thirty (30) days written notice of intent to terminate the contract. The contract 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 7th day of December, 2021. - Mayor Robin Mouton - STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT SERVICE CONTRACT BETWEEN City of Beaumont and Jefferson County, Texas WHEREAS, Jefferson County, Texas doing business in the State of Texas (herein "Owner"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on for the City to provide potable drinking Water services and sanitary sewer services to the Jefferson County Correctional Facility, located at 5030 U.S. 69, Beaumont, Texas 77705. WHEREAS,the City and Jefferson County, Texas desire to adopt a Service Agreement Contract for the provision of potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility, located at 5030 U.S. 69, Beaumont, Texas 77705and agree as follows: WITNESSETH I. Owner agrees to maintain, free of charge to the City, the water and sewer lines within its property. II. The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice, unless under an emergency situation, for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. They City will abide by all Owner's site safety rules and other site access rules while on the Owner's property. EXH I B fT�"A" III. Owner agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect'the internal customers. The internal protection of the drinking water supplied to Owner's employees and/or customers is the responsibility of Owner. The City will provide guidance on proper cross connection prevention. IV. Owner agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air-gap or a reduced pressure-zone backflow prevention device. 2. No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of any water supply which provides water for human use. V. The Water Utilities Department will maintain a copy of this Contract as long as the Owner and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Owner shall have their property inspected for possible cross-connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually,or when there is reason to believe the cross-connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Owner shall notify the Water Utilities Department in writing of any cross- connection or other potential contamination hazard which has been identified during the initial inspection or the annual re-inspection. 3. Owner shall immediately remove or adequately isolate any potential cross- connections or other potential contamination hazards on their premises. 4. Owner shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VI. Owner will be responsible for chlorine and coliform monitoring within each of the Units in accordance with State regulations and guidelines. The City will supply coliform sample bottles and perform the test. The Owner will perform the chlorine test and report results with the coliform sample collected to the City. If the Owner is identified as a Public Water System by the State then all testing and reporting requirements to the State as a Public Water Supply System will be the responsibility of the Owner. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Owner agrees to promptly report to the City. VII. Owner agrees to comply with applicable CityCode of Ordinances including the sewer use pp g ordinance regarding the discharge of industrial wastewater. Owner will only discharge wastewater when approved and authorized by the City in accordance with local, State, and Federal requirements as described in the wastewater discharge permit. VIII. Owner will have the same rates for water and sewer services as established from time- to-time by the City Council for inside the City of Beaumont. IX. This Contract shall be for a period of 12 months from and after the date of execution and shall continue there after year to year until either parry gives 30 days written notice of intent to terminate this agreement. X. Owner may, from time to time, convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council,of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for the notification shall be: A. City Manager City of Beaumont 801 Main Street Beaumont, Texas 77701 B. County Judge Jefferson County, Texas Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XI. This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Jefferson County and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont and Jefferson County, Texas. IN WITNESS WHEREOF,the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed, and the Customer, Jefferson County, Texas acting by its Authorized Representative, does now sign, execute, and deliver this document. Executed this day of , 2021. Kyle Hayes, Jefferson County, Texas City Manager Authorized Representative 5 December 7,2021 Consider authorizing the City Manager, or his/her designee,to negotiate an Engineering Services Agreement with Lanier &Associates to firm up their estimated costs related to possibly berthing the Battleship Texas in the Neches River adjacent to Riverfront Park BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his/her designee, to negotiate an Engineering Services Agreement with Lanier&Associates to firm up their estimated costs related to possibly berthing the Battleship Texas in the Neches River adjacent to Riverfront Park. BACKGROUND Lanier & Associates is an engineering firm based in New Orleans, with an office in Beaumont. Lanier engineered the Riverfront Park Bank Stabilization Project that is waiting for approval from the U.S. Army Corps of Engineers. Lanier was asked by the City of Beaumont to provide preliminary numbers for the possible berthing of the Battleship Texas at Riverfront Park. Councilmembers Neild and Samuel have requested an action item by the City Council to determine whether Lanier&Associates should do additional work to firm up or harden the numbers they initially provided. (Report Attached) If the City Council approves the resolution authorizing additional work, the Council will need to determine the specific items they want included (location of ship, parking lot, gift shop/ticket sales, restrooms, etc.) in the contract and city staff will move forward to negotiate the price for additional engineering services. The proposed agreement and the cost would then be brought back to City Council for approval. FUNDING SOURCE Fund Balance in the General Fund. City of Beaumont Preliminary-for review 26-Au -21 9 Battleship Texas Berth Layout 3 DLC L&A Job 10888-1 Opinion of Probable Cost Costs are Based on Recent Area Projects Basic Scope: Provide berth area for the Battleship Texas. This scope asssumes the Battleship Texas would be berthed just upstream of the Riverfront park. The berth would consist of two breasting structures and four mooring structures and a pedstrain bridge access. The project would also include a pedestrain bridge access across the existing BNSF rail track for access to the parking area for the Beaumont Civic Center. The fenderline has been placed roughly on the (-)30 ft. contour to prevent the need for dredging. This layout would need to be vetted with the Sabine Pilots and other waterway users. It would also require an USACE Regulatory Section 10 permit. This location would need to be studied to insure currents from a Harveytype event would not cause issues with holding the battleship in the berth. This studies would be developed if the YP 9 p p project moves forward. Item lQuantity JUnit I Unit Cost 17rotal Item Cost General Items Mobilization/Demobilization 1 ea. $ 150,000.00 $ 150,000.00 Item Total $ 150,000.00 Breasting and Mooring Dolphins Breasting dolphin structures 2 ea $ 400,000.00 $ 800,000.00 Mooring dolphin structures 4 ea $ 500,000.00 $ 2,000,000.00 Item Total $ 2,800,000.00 Pedestrain Access Pedestrain access to Battleship 1 ea $ 200,000.00 $ 200,000.00 Pedestrain access to parking lot 1 ea $ 325,000.00 $ 325,000.00 Item Total $ 526,000.00 Mechanical New mechanical systems 1 ea $ 350,000.00 $ 350,000.00 Item Total $ 350,000.00 Elecrical Power, lighting and grounding 1 ea $ 350,000.00 $ 350,000.00 Item Total $ 350,000.00 Total Estimated Constriction Cost Sub Total $ 4,175,000.00 Engineering&Construction Services10% 1 ea. $ 420,000.00 Geotechnical Services 1 ea. $ 50,000.00 $ 50,000.00 Contingency+/-30% 1 $ 630,000.00 TOTAL RECOMMENDED PROJECT BUDGET 5,275,000.00 �" �`��,�5�'Z7�.1- �� n � �"+k {• •g 6 sx` '� � � �J��' M A *kl�` ,^s Imo-- .�. c :l�r �. �•M1• '+,a,:v ;� - ,{��.}.s.�• _. •. � \ .�'� �q.a �rt•• tlf•�:�'F• {^y ,•�.•, r •,. nA„`w ��r Jf • y . •t�, i. {�' _I � � ><��'>��'^ �' �=..."� '�`\V-"+�. t:._ -, - '�'beAnl.�YLlune�.ttwr� ,�T .: • ' • �. •\ \ ,`�, r, "1Z =1�'_ �W�Yf9Yd1nL IANh W" , ' •' \� ,/ � ca C' Jy.. \tea\'D F� mt �,� lz �, ,• .. ♦. \ 1`� � ` w '^+� �� 'A io`"'�=w 4.`ti'`�"�+` c�t""'C'11'.•l'��-' !Jl p � ...� �/y„��` .f' ♦'s: , ?' �� J '" w �� we.....n 1Wxii i� t ' { 46 S ,,� � d.� /. _y � � f t • PPIIEST,AN Y �f� I , 3 r� i J \.F1:1, y�.} ' tul.s K•�`l[.._. �.may; ,# •, ,' s k` L ,� y. •t yam,'. *= k v"PSw ra' R= s`a '" i91S" t a �#. r :n'n�i" ^ EXAS " CONCEPTUALNEW BATTLESHIP TEYAS — LAYOUT , 21 E. NMRECA,SCAM SH—ME ACCURATE ONLY MR MM SIZE (IN FEET)__-- LANIER&ASSOCIATESREDUCED SIZE ORAWINCR. 4L ®® 24—DRAVINGS.ADJUST SCAM OR USE WE BAR SCAM MR li`N :11. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his/her designee, be and they are hereby authorized to negotiate an Engineering Services Agreement between the City of Beaumont and Lanier & Associates related to the estimated costs of possibly berthing the Battleship Texas in the Neches River adjacent to Riverfront Park. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton - PUBLIC HEARIloTG * Receive comments related to the property located at 3720 Ector Street 6 December 7,2021 Consider an ordinance declaring 3720 Ector an Imminent Danger and order its immediate demolition and cleanup BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager ()i3 PREPARED_BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 7, 2021 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance declaring 3720 Ector an Imminent Danger and order its immediate demolition and cleanup. BACKGROUND The structure at 3720 Ector Street was "tagged" as unsafe on March 1, 2021. The structure has been damaged by fire. Attempts to resolve the issue with the property owner have been unsuccessful. FUNDING SOURCE General Fund. 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'"f `� .. c�e,... or, d �,'�''• `"`"p � Kea re., A'it "" �Y�"ydw' '�i1} �1ft`F ..�" 9,53� Qg It ��`r _ll �� ! t ��1 .J.�.�WI mot- • �T. r --- ------- -- ,.�.: _ ., - � _ .- —� � _ per^ • w r ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 3720 ECTOR STREET TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT DANGER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the structure at 3720 Ector Street in the City of Beaumont has been inspected by the Building Codes Division and found to be an unsafe structure as defined by the City of Beaumont's Code of Ordinances Chapter 24, Article 24.04 Unsafe Substandard Structures as well as Division 1, Section 14.04.001 of the 2009 International Property Maintenance Code; and, WHEREAS, this structure was damaged by fire constituting a clear and present danger to said property and the public safety; and, WHEREAS, the City Council for the City of Beaumont is of the opinion that the demolition of said structure is necessary for the preservation of life and property in the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. After a public hearing, the structure located at 3720 Ector Street is hereby found to be a public nuisance in that said building violates Chapter 24, Article 24.04 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described building demolish and remove said structure within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owner(s) or City Council action and assess the expenses of such demolition as a lien on the property as allowed by Texas Local Government Code, Section 214.0011(f). Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. Section 6. This ordinance shall become effective from and after its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton - DISCUSSION ITEM * Review and discuss the hiring process related to the position of City Manager I 7 December 7,2021 Consider authorizing a Letter of Intent (LOI) with OCI Beaumont, LLC or one of its affiliates BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 7, 2021 REQUESTED ACTION: Council consider a resolution authorizing a Letter of Intent (LOI) with OCI Beaumont, LLC or one of its affiliates. BACKGROUND OCI would like to execute a LOI with the City of Beaumont to allow a third parry to perform a site study at the City's landfill and wastewater treatment facility. The study would help OCI determine the feasibility of a landfill gas recovery project and wastewater anaerobic digester project. Due to the time and cost of such study, OCI is requesting a six-month exclusivity period in which to conduct the site study. If the study finds that a transaction of the above-mentioned projects are feasible, then the terms of any transaction would be subject to negotiations at that time. FUNDING SOURCE No cost to the City would be incurred for this study. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Letter of Intent between the City of Beaumont and OCI Beaumont, LLC, or one of its affiliates, to allow a third party to perform a site study at the City's landfill and wastewater treatment facility. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. - Mayor Robin Mouton -