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Home My WebLink About02/08/2022 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, FEBRUARY 8,2022 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations,Presentations and Recognitions • Public Comment: Persons may speak on the Consent Agenda and Items 1, 3-4 * 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 February 1, 2022 City Council Meeting Minutes B. Authorize the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program specifically for implementing target hardening C. Authorize the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program for projects aimed at combating domestic violence extremism D. Authorize the City Manager to apply for and receive funding through the Department of.Homeland Security Grant Program specifically:to address emerging threats E.= Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to CFG Industries, LLC, for the Loeb Steel & Concrete GST Repairs (REBID) Project F. Authorize the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to Solid Bridge Construction, LLC related to the Cattail Marsh Wetlands Repair Project REGULAR AGENDA 1. Consider appointing an Interim City Manager effective March 31, 2022 2. Consider a request to abandon a portion of the Sawyer Street right-of-way 3. Consider approving the award of one year contracts with both Core &Main LP and Coburn's of Beaumont for the purchase of inventory materials to be used in the Water Utilities Department 4. Consider approving a proposal submitted by Honesty Environmental Services, Inc. to provide on-site asbestos consulting and air monitoring services at the property located at 555 Main Street 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: Beaumont vs.Netflix, Hulu, and Disney+ 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: February 8, 2022 REQUESTED ACTION: Council consider approval of the February 1, 2022 City Council Meeting Minutes. BEAUMONT TEXAS 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 FEBRUARY 1, 2022 Chris Durio,Ward IV Tina Broussard, City Clerk Kyle Hayes, City Manager Sharae Reed, City Attorney 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 February 1, 2022, 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 • Public Comment: Persons may speak on the Consent Agenda and Agenda item No. 7 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit,with Magnolia 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. Absent: Kyle Hayes, City Manager. Also, present were Todd Simoneaux, Chief Financial Officer; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations,Presentation, Recognitions "Campus Crime Stoppers of Southeast Texas"—February 9, 2022—Proclamation read by Mayor Mouton; accepted by Jeremy Raley, Administrator/Campus Coordinator Public Comment: Persons may speak on the Consent Agenda and Agenda Item No. 7 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the January 25, 2022, City Council Meeting Minutes B. Approve a contract with DXI Industries, Inc. of Houston for the purchase of sodium hydroxide for use by the Water Utilities Department - Resolution 22-033 Minutes—February 1,2022 C. Authorize the City Manager to execute Change Order No. 14, accept maintenance, and authorize final payment to ALLCO, LLC for the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street) - Resolution 22-034 D. Authorize the City Manager to execute a contract with Structure Guard, LLC, of Austin, for the Lafin Drive at LNVA Canal Emergency Bridge Repairs Project Resolution 22-035 E. Authorize the City Manager to execute Change Order No. 3 to the contract with BDS Constructors, LLC d/b/a MK Constructors for the Primer Street Lift Station Repairs Project - Resolution 22-036 F. Authorize the City Manager to apply for and accept funding through the Jefferson County Tourism Committee (JCTC) Grants Program - Resolution 22-037 G. Authorize the City Manager to execute Change Order No. 6, accept maintenance, and authorize final payment to Allco, LLC for the Wastewater Treatment Plant Trickling Filters Rehabilitation Project - Resolution 22-038 H. Authorize the limited and temporary use of golf carts on city streets from February 21, 2022, through February. 28, 2022, in conjunction with Mardi Gras Southeast Texas - Resolution 22-039 I. Authorize the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Endo Health Solutions, Inc., Endo Pharmaceuticals Inc., Endo International plc, Par Pharmaceutical, Inc., and Par Pharmaceutical Companies, Inc. ("Endo")-Resolution 22-040 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a request for a Specific Use Permit to allow a parking lot expansion for a church in RCR (Residential Conservation Revitalization) and RS (Residential.Single-Family) Districts located at 2170 Renaud Street. Mt. Calvary Missionary Baptist Church would like to add a new parking area at 2170 Renaud Street. This new concrete parking lot will provide an additional forty-four (44) off-street parking spaces. Minutes—February 1,2022 Landscaping will be required along Renaud and in required islands, but as the property abuts commercial lots, a perimeter landscaping and screening buffer is not required. At a Joint Public Hearing held on January 24, 2022,the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a parking lot expansion for a church in RCR (Residential Conservation Revitalization) and RS (Residential Single-Family) Districts with the following condition: 1. Parking lot shall be landscaped as required by City Ordinance. Approval of the ordinance with the following conditions: 1. : Parking lot shall be landscaped as required by City Ordinance. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED.AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT EXPANSION FOR A CHURCH IN AN RCR(RESIDENTIAL CONSERVATION REVITALIZATION) AND RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2170 RENAUD STREET,WITH THE CONDITIONS,IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 Ordinance 21-005 2. Consider.a request for a Specific Use Permit to allow a roll-off container and equipment storage yard in a GC-MD (General Commercial—Multiple-Family Dwelling) District located at 3494 Fannett Road. Raymond Richard is requesting a Specific Use Permit to allow a roll -off container and equipment storage yard at 3494 Fannett Road. Mr. Richard is the owner of.R&R Dozer, a demolition company. In September of 2021 reports were received that a fence had been placed around the property and dumpsters were being stored. Mr. Richard was advised that although a contractor business may be located in GC-MD (General Commercial--Multiple- Family Dwelling) zoning districts, outside storage is not permitted without approval of a Specific Use Permit, and a Certificate of Occupancy. For a commercial business to operate adjacent to residential zoning, the business is required to maintain a ten (10) foot wide landscaped strip with trees and an eight (8) foot tall wood or masonry fence along the adjoining property line. As dumpsters may create odor issues, all cleaning of the dumpsters prior to storage must be completed elsewhere. In addition, any security lighting on the property shall be shielded to protect adjacent residential properties. At.a Joint Public Hearing held on January 24, 2022, the Planning.Commission recommended Minutes—February 1,2022 8:0 to approve the request for a Specific Use Permit to allow a roll-off container and equipment storage yard in a GC-MD (General Commercial — Multiple-Family Dwelling) District with the following conditions: 1. Install landscaping and screening to meet City Ordinance requirements. 2. Clean all dumpsters before storing them at this location. 3. Shield all security lighting from neighboring residential properties. Approval of the ordinance with the following conditions: 1.. Install landscaping and screening to meet City Ordinance requirements. 2. Clean all dumpsters before storing them at this location. 3. Shield all security lighting from neighboring residential properties. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ROLL-OFF CONTAINER AND EQUIPMENT STORAGE YARD IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 3494 FANNETT ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-006 3. Consider a request for a Specific Use Permit to allow a veterinarian boarding/grooming facility and shelter in a GC-MD (General Commercial — Multiple-Family Dwelling) District located at 4270 E. Lucas Drive. Kelley Kays would like to open a veterinarian clinic with grooming and boardingat 4270 E. Lucas. Drive. The existing veterinarian office will be expanded to include the non-profit Beaumont Pets Alive shelter. Chain link kennels, a modular building and parking will be added at the rear of the property. The parking area will need minor modifications to meet City Engineering requirements. As the parking is expanding more than twenty-five (25) percent, landscaping of the entire parking lot will need to be brought into compliance including a.six (6) foot wide landscaped strip between parking and E. Lucas Drive, two (2) landscaped islands and a ten (10) foot wide landscaped buffer with trees along the rear property line. Ms. Kays is requesting a waiver to the eight (8) foot fence screening requirement along the rear property line. At a Joint Public Hearing held on January 24, 2022,the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a veterinarian boarding/grooming facility in a GC-MD (General Commercial — Multiple-Family Dwelling) District with the following conditions: 1. Parking shall be adjusted to meet City Engineering requirements. Minutes—February 1,2022 2. Landscaping shall be brought into compliance with City Ordinance requirements 3. Eight (8) foot wood or masonry fence in the rear_to be completed within one year from the issuance of the Certificate of Occupancy. Approval of the ordinance with the following conditions: 1. Parking shall be adjusted to meet City Engineering requirements. 2. Landscaping shall be brought into compliance with City Ordinance requirements. 3. Eight (8) foot wood or masonry fence in the rear to be completed within one year from the issuance of the Certificate of Occupancy. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VETERINARIAN BOARDING/GROOMING FACILITY AND SHELTER IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 4270 E. LUCAS DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 Ordinance 22-007 4. Consider a request for a Revised Specific Use Permit to allow for additional parking and to add a commercial.strip center with a tax office and barber shop in an RCR (Residential Conservation Revitalization) District located at 1325 College Street. Rosa & Sifuentes Francisco Castillo would like to use the property located at 958 & 978 Orange Avenue and 1350 Gilbert Street as expanded parking for a.proposed restaurant to be located at .1325 College Street, and for a commercial building to accommodate offices and a beauty/barber shop. Adjacent land uses are residential along Gilbert. As such, driveway access should be located on Orange Street. Landscaping should be used to. mitigate the impact to the neighboring properties. In addition, sidewalks along the property are in a state of disrepair and must be repaired/replaced along all streets. At a Joint Public Hearing held on January 24, 2022,the Planning Commission recommended 8:0 to approve the request for a Revised Specific Use Permit for restaurant parking to add a commercial strip center with a tax office and .barber shop in an RCR (Residential Conservation Revitalization) District with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island; medians and/or peninsulas and perimeter buffer. Minutes—February 1,2022 2. Irrigation system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Parking for the restaurant and commercial building shall be separated so that the restaurant parking lot can only be accessed from Orange Avenue. Approval of the ordinance with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation.system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Parking for the restaurant and commercial building shall be separated so that the restaurant parking lot can only be accessed from Orange Avenue. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW INDUSTRIAL PARKING AND TO ADD A COMMERCIAL STRIP CENTER WITH A TAX OFFICE AND BARBER SHOP IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION)DISTRICT LOCATED AT 1325 COLLEGE STREET,WITH THE CONDITIONS,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 MOTION PASSED Ordinance 22-008 5. Consider a request for a Revised Specific Use Permit to allow additional cabins in 'a recreational vehicle park in an LI (Light Industrial) District located at 6860 S. Major Drive. In 2006, Thomas Taylor received a Specific Use Permit for a Recreational Vehicle Park at 6800 S. -Major Drive. The 15-acre tract of land includes a 7-acre lake and a LNVA canal right-of-way leaving approximately 7 acres that are usable for the recreational vehicle:park. The park currently can accommodate 70 RV's. Shortly after acceptance of this RV park, the City's.RV ordinance was updated to current standards. Those standards are reflected in this. existing park. Hidden Lake RV Park would now like to add 3 prefab cabins to be leased by the month or year. Each cabin is approximately 300 square feet and will have a parking space. An existing City of Beaumont water line and easement is located on this property. No structure requiring a permanent foundation may be placed over a city easement. This water line feeds an adjacent fire apparatus. Access for the fire department to this apparatus must be maintained. Minutes—February 1,2022 At a Joint Public Hearing held on January 24, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow additional cabins in a recreational vehicle park in an LI (Light Industrial) District with the following conditions: 1. No permanent structure may be placed within the water utility easement. 2. Access to the adjacent fire apparatus must be maintained. Approval of the ordinance with the following conditions: 1. No permanent structure may be placed within the water utility easement. 2. Access to the adjacent fire apparatus must be maintained. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW ADDITIONAL CABINS IN A RECREATIONAL VEHICLE PARK IN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 6860 S. MAJOR DRIVE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-009 6. Consider a request for a Specific Use Permit to allow a bar in a GC-MD (General, Commercial — Multiple-Family Dwelling) District located at 8180 Eastex Freeway, Unit 2. Baptiste Brunner is requesting a Specific Use Permit to allow a bar at 8180 Eastex Freeway, Unit 2.. Mr..Brunner.states that his business will primarily consist of take-out or drive-thru customers: The existing strip center is currently occupied by a convenience store in Unit 1. Seating will only consist of four (4) seats at the bar. Existing parking is adequate for these uses. At.a Joint Public Hearing held on January 24, 2022, the Planning Commission recommended 8:0.to approve the request for a Specific Use Permit to allow a.bar in a GC-MD (General. Commercial — Multiple-Family Dwelling) District. Approval of the ordinance. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BAR IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8180 EASTEX FREEWAY, UNIT 2 IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD Minutes—February 1,2022 NAYS: NONE MOTION PASSED Ordinance 22-010 7. Consider approving a contract with PfP Abatement Group, LLC of Houston for the asbestos abatement of the structure located at 555 Main Street. The city requested proposals for the asbestos abatement of the structure located at 555 Main Street in preparation for the building's demolition. Twelve vendors were notified; nine bids were received. PfP Abatement Group, LLC provided the low qualified bid in the amount of $259,572.80 with 60 calendar days to complete the work. Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to ADOPT A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO PFP ABATEMENT GROUP,LLC,OF HOUSTON,TEXAS,IN THE AMOUNT OF $259,572.80, FOR THE ASBESTOS ABATEMENT OF THE STRUCTURES LOCATED AT 555 MAIN STREET;AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PFP ABATEMENT GROUP, LLC,OF HOUSTON,TEXAS. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 22-041 Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. COMMENTS Public Comments (Persons are limited to three minutes) Ashley Broertges 7659 Boardwalk Lumberton TX Stated that the City of Beaumont and the surrounding area needs a place for both children and adults to relax and to do things together, Tyrrell Park Riding Stables provides that place, stated that Tyrrell Park Riding Stables used to have a Christmas Parade and everyone would decorate their horses with Christmas lights, she and her mother both enjoyed seeing the Minutes—February 1,2022 children and adults riding through the park with their decorated horses, commented on how well the horses were treated and taken care of by a veterinarian as well as horses being rescued from being slaughtered, thanked Tyrrell Park Riding Stables for all that they do * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- STATED THAT TODAY IS THE FIRST DAY OF BLACK HISTORY MONTH, URGED EVERYONE TO GET OUT AND CELEBRATE AND SUPPORT BLACK OWNED BUSINESSES,IT'S VERY HISTORIC FOR THE COMMUNITY, APPRECIATES ANY SUPPORT THAT THE COMMUNITY CAN GIVE, THANKED ALL OF THE ICONS AND LEGENDS THAT PAVED THE WAY FOR WHERE WE ARE TODAY COUNCILMEMBER GETZ- NONE COUNCILMEMBER DURIO - STATED THAT HIS MOTHER MARY DURIO IS IN ICU AT BAPTIST HOSPITAL,ASKED THAT EVERYONE KEEP HIM AND HIS FAMILY IN PRAYER,THEY WILL HAVE TO MAKE SOME HARD DECISIONS SOON CITY ATTORNEY REED - NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - STATED THAT TODAY IS THE FIRST DAY.OF BLACK HISTORY MONTH, AND THAT SHE'S SITTING IN A BLACK HISTORY MOMENT AS WELL AS THE NEWLY APPOINTED CITY ATTORNEY, SHARAE REED, ALSO.STATED.THAT THERE ARE A LOT OF EVENTS THAT WILL BE HAPPENING THROUGHOUT THE MONTH OF FEBRUARY,EXCITED ABOUT ALL OF THE EVENTS THAT WILL BE GOING ON Open session of meeting recessed at 2:01 p.m. EXECUTIVE SESSION * Deliberate the appointment, employment and duties of the Interim City Manager position in accordance with Section 551.074 of the Government Code-Personnel Matters; Closed Meeting. The City Council will interview the following individuals for the Interim City Manager position: Minutes—February 1,2022 Bart Bartkowiak Chris Catalina Chris Boone Earl White Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—February 1,2022 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding in an amount up to $83,000 through the Department of Homeland Security Grant Program. BACKGROUND The Grant Program incorporates a first responder category for which Beaumont could be awarded up to $83,000 dedicated specifically for implementing target hardening. This request is for a Second Phase or continuation of last year's award which was to put gates on Main Street and Pearl Street off of College. This additional funding would be used for fencing around the Police.Department. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the State Homeland Security Program (SHSP) Phase II -ST/CP Implementing Target Hardening be operated for the fiscal year 2023; and, WHEREAS, the City of Beaumont City Council agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security Grant Program (HSGP) grant application; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the 2022 Homeland Security Grant Program funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City Council designates the City Manager as the grantee's • authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor in the amount up to $83,000 for the purposes described herein; 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 resolution are hereby, in all things, approved and adopted; and, THAT the City Council approves submission of the grant application for the SHSP (State Homeland Security Program) Phase II — Implementing Target Hardening to the Office of the Governor. The meeting at which this resolution was approved was in all things conducted 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 8th day of February, 2022. - Mayor Robin Mouton - Grant Number: _4226602 _______ c. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding,in an amount up to $70,000 through the Department of Homeland Security Grant Program. BACKGROUND This year, a new SHSP-NPA (State Homeland Security Program-National Priority Area) funding was announced for projects aimed at Combating Domestic Violence Extremism. This grant would fund a regional contract to streamline the process of gathering information for and getting warrants approved. Without this capability it can take over four hours on average to get a warrant signed plus travel time to and from the station and to the Judge'.s residence or office. This new electronic:platform provides the ability to shorten the process to as little as 10-15 minutes. By the regional approach,we can further streamline the process of facilitating warrants across jurisdictional limits. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the State Homeland Security Program-National Priority Area Projects (SHSP-NPA) to combat Domestic Violent Extremism be operated for the fiscal year 2023; and, WHEREAS, the City of Beaumont City Council agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security Grant Program (HSGP) grant application; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the 2022 Homeland Security Grant Program funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City Council designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor in the amount up to $70,000 for the purposes described herein; 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 resolution are hereby, in all things, approved and adopted; and, THAT the City Council approves submission of the grant application for the SHSP- NPA (State Homeland Security Program-National Priority Area Projects) Combating Domestic Violent Extremism to the Office of the Governor. The meeting at which this resolution was approved was in all things conducted 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 8th day of February, 2022. - Mayor Robin Mouton - • Grant Number: _4490201 . D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding in an amount up to $45,000 through the Department of Homeland Security Grant Program. BACKGROUND One grant through the Program is the Law Enforcement Terrorism Prevention Activities Program (LETPA). This grant incorporates a first responder category for which Beaumont could be awarded up to $45,000 dedicated specifically to Address Emerging Threats. $21,000 would fund five sets of night vision goggles for SWAT for search and rescue inside buildings or in low light operations. Another$24,000 would be requested for an electronic message board which could be used for public information for detours, events, and emergency warnings. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the LETPA (Law Enforcement Terrorism Prevention Activities) Addressing Emerging Threats and Information Sharing to be operated for the fiscal year 2023; and, WHEREAS, the City of Beaumont City Council agrees to provide applicable matching funds for the said projects as required by the Department of Homeland Security Grant Program (HSGP) grant application; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the 2022 Homeland Security Grant Program funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City Council designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor in the amount up to $45,000 for the purposes described herein; 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 resolution are hereby, in all things, approved and adopted; and, THAT the City Council approves submission of the grant application for the LETPA (Law Enforcement Terrorism Prevention Activities) Addressing Emerging Threats and Information Sharing to the Office of the Governor. The meeting at which this resolution was approved was in all things conducted 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 8th day of February, 2022. - Mayor Robin Mouton - Grant Number: _4497401, 4503501 E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to CFG Industries, LLC,for the Loeb Steel & Concrete GST Repairs (REBID) Project. BACKGROUND On May 11,2021, by Resolution No. 21-121, City Council awarded a contract to CFG Industries, LLC, of Magnolia, in the amount of$3.95,215.00, for the Loeb Steel & Concrete GST Repairs (REBID)Project. Previous Change Order No. 1,with no dollar amount, is attached for your review. Proposed Change Order No. 2, in the amount of($24,000.00), 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$371,215.00. The project has been inspected by the Water Utilities 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$18,560.75 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-121 WHEREAS, the City of Beaumont solicited bids for furnishing all labor,materials, equipment, and supplies for the Loeb Steel & Concrete GST Repairs (REBID) Project;, and, WHEREAS, CFG Industries, LLC, Magnolia, Texas, submitted a bid in the amount of$395,215.00; and, WHEREAS, the City Council is of the opinion that the bid.submitted by. CFO Industries, LLC, Magnolia, 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 CFG Industries, LLC, Magnolia, Texas, in the amount of $395,215.00, for the Loeb Steel & Concrete GST Repairs (REBID) Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with CFG Industries, LLC, Magnolia, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. • • • • _PASSED.-BY THE CITY COUNCIL of the City of Beaumont this the 11th day of • May; 2021. • - - Mayor Becky Ames - i"bp 1 • • I!xA:,• .• I . APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two(2)&Final DATE: January 17,2022 • PROJECT: • City of Beaumont,Texas Loeb Steel&Concrete GST Repairs-Rebid Bid No.WU0321-16 OWNER: - City ofBeaumont,Texas 801 Main Street Beaumont,Texas 77704 • CONTRACTOR: CFG Industries,LLC 22535 Magnolia Hills Dr. Magnolia,TX 77354 • TO THE OWNER: Approval of the following contract change is requested. Reason for Change:To adjust final bid item quantities and contract time ORIGINAL CONTRACT AMOUNT: $ 395,215.00 • REVISED CONTRACT AMOUNT PER CHANGE ORDER No.1 $ 395.215.00 • THIS CHANGE ORDER Item Description 8 Seal Cracks In Concrete Foundation-DELETE$8,500.00/LUMP SUM $ (8,500.00) 14 Steel GST Supply Fan Allowance for new 2Hp supply fan and motor.DELETE$5,000.00/ALLOW $ (5,000.00) 23 Concrete GST Supply Fan Allowance for new 2Hp supply fan and motor.DELETE$5,000.00/ALLOW $ (5,000.00) 27 Miscellaneous Tank Repairs Allowance-DELETE REMAINING$5,500.00/ALLOW $ (5,500.00) TOTALAMOUNT OF THIS CHANGE ORDER: $ (24,000.00) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 371,215.00 PERCENT OF THIS CHANGE ORDER -6.07% TOTAL PERCENT CHANGE ORDER TO DATE -6.07% CONTRACT TIME Original ContractTime: 90 calendar days Additional Contract Time per Previous Change Orders: 5 calendar days Additional Contract Time per this Change Orders: Delay for valve leaking into dry sand In Steel GST 10 Delay for City switching from Steel GST to Concrete GST 7 Delay for City releasing water into the overflow trough 2 Delay In painting header piping due to adverse coating condition(heavy condensation) 30 Delay due to City placing steel tank back in service 7 Delay due to City coordinating work on concurrent projects at the Loeb site 8 Time extension due to weather delays 6 Revised Contract Time per this Change Order 165 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." . Acc pt• y: Revlewe b • Reviewed by: Rev b 41114 CFG Industries,LLC. Brent Schmitt,P.E. Amalla Villareal,P.E. Bart Bartkowiak Contractor Water Utilities Engineer City Engineer Director of Public Works and Technology Services Date: I/26/22 Date: //Z.6/z2-- Date:11 V5I 1 as Date: Z-1 ZZ. Page 1 of 2 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two(2)&Final DATE January 17,2022 Reco en a y: Approved by: Attested by: Schaumburg& oik,Inc. Kyle Hayes Tina Broussard Engineer City Manager City Clerk Date: Date: Date: • Page2of2 • II APPROVAL OF CONTRACT CHANGE CHANGE ORDER No,One f1� DATE:' August 25,2021 PROJECT: City of Beaumont,Texas Loeb Steel&Concrete GST Repairs-Rebid Bid No.WU0321-16 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: CFG industries,Lit 22535 Magnolia Hills Dr. Magnolia,TX 77354 TO THE OWNER: Approval of the following contract change Is requested. Reason for Change: To repair 45 rusted areas with exposed steel on the top side of the steel tank roof,Including surface prepaatton by power tool cleaning and coating per Item 601 of the specifications, ORIGINAL CONTRACT AMOUNT: $ 395,215,00 THIS CHANGE ORDER to Description 27 Miscellaneous Tank Repairs Allowance-Reduce the Miscellaneous Tank Repairs Allowance by$4,500.00 $ (4,500,00) to repair 45 areas with exposed steel on the.top side of the steel tank roof.Remaining Contingency Allowance 0$10,00100-$4,501100=$5,500.00 e e 28 Repair 45 areas with exposed steel on the top side of the steal tank roof,Including surface preparation by $ 4,500.00 power tool cleaning and coating per Item 601 of the specifications.ADD$4,500.00/Lump Sum TOTAL AMOUNT OF THIS CHANGE ORDER: $ 0,00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ . S95,215.00 CONTRACT TIME Original Contract Time: 90 calendar days Time requested to repair rusted areas on the top side of the steel tank roof 5 calendar days Revised Contract Time per this Change Order '95 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." jPLe . . Reviewed by: R ew y: Vo.t.ws1\6,z11.1.‘I \Nk G Industries,LLC. Amapa Villareal,P.E. art Bartkowl Contractor City Engineer Director of Public Works 0, � �q%2� and Tec log ervlces ; M 9�1Date: 8/30/21 Date:�I450 PIDT.Q J Date: a • f '�� . 0 Recom And :::r:::b L t stad by: • • olk,Inc, s na Broussard 1,1h ,ir;:il�nti ` • Engineer City Manager City� Cier 0.4 •i ,(. Date: J `7 2/ Date: '" 3 d Z I Date: 0 .36. w ' (3',� Page lofl •"v*'nTM""• l,. CITY OF BEAUMONT LOEB S i ttL&CONCRETE GST REPAIRS-REBID BID No.WU0321-16 • PROGRESS PAYMENT No. 3 Retainage PROGRESS DATE December 10.2021 • CONTRACT TIME BEGAN: June 28.2021 • ORIGINAL CONTRACT AMOUNT $ 395215.00 CALENDAR DAYS ALLOWED: 165 CONTRACT AMOUNT INCLUDING.CHANGE ORDERS $ '371215.00 CALENDAR.DAYS USED: 165 TOTAL AMOUNT OF WORK PERFORMED TO DATE $ 371.215.00 CALENDAR DAYS OVER: . 0 LESS:jRETAINAGES°Jo:''`.2.,,;•::-.-=5!),,:;!„,,=„::,,,,. PREVIOUS PAYMENTS $ 352.65425 Change Order Summary Approved Change Orders _ TOTAL DEDUCTIONS $ 352.654.25 Number Additions Deductions 1 S 4,500.00 $ . 4,500.00 AMOUNT DUE CONTRACTOR $ 18,560.75 2 $ 24.000.00 Percent Complete 100.00% TOTALS S • 4.500.00 'S 28.500.00 NET CHANGE BY . (24,000.00) CHANGE ORDERS Contractor's Certification r4 The undersigned Contractor certifies that to the best of its knowledge: Payment of: S/ 18FSep.75 -41/ (1)all previous progress payments received from Owner on account of Work done underthe ,®� � i ' Contract have been applied on account to discharge Contractor's legitimate obligations incurred in - is recommended by: L ��- v� connection with Work covered by prior Progress Payments, r •weer) SC :"BURG&PO INC. '-e) (2)title of all Work,materials and equipment incorporated in said Work or otherwise fisted in or covered by this Progress Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances(except such as are covered by,a Bond acceptable to Owner indemnifying'Owner against any such Liens,security interest or encumbrances);and (3)all Work covered bythis Progress Payment is in accordance with the Contract Documents and is Payment of: $ - .560.75 not defective. is approved by. . I/2'6 /Z2 -- (Owner) OF BEAUMONT CID ) Contractor's Signa By. Date: . 1/26/22 Payment of: $ 18.560.75 Name T Joshua Howen, CFO is approved by ;. l �zaliz Contractor (Owner) (Date) CFG Industries.LLC - Payment of: $ - 18.560.75 __�; is approved by: �'V� . 1.--)1 GY D C9 CSC (Owner). .. (Date) , • Page 1 of 4 CITY OF BEAUMONT LOEB STEEL&CONCRETE GST REPAIRS-REBID • • BID No.WU0321-16 • PROGRESS PAYMENT No. I 3 I PROGRESS:DATE ( December 10.2021 BID CONTRACT. QUANTITY THIS QUANTITY TO DESCRIPTION ITEM , QUANTITY. UNIT •UNIT PRICE : ESTIMATE DATE TOTAL COST TO DATE _Base Bid. • Mobilization cost,including payment bond,performance bond,insurance and moving equipment to 1 project,all in strict accordance with plans and specifications NOT TO EXCEED 3%OF TOTAL 1 LS $11,000.00 1 $ 11,000.00 PROJECT BID for, Steel GST Roof Vent Bolts.Furnish all labor,material,and equipment to remove and replace roof vent bolts, 2 complete in place including sanding and applying polyamide epoxy to bolt hole surfaces all in strict 1 •LS $1,500.00 1 •S 1,500.00 accordance with the plans and specifications for Vent Screens.Furnish all labor,material,and equipment to remove and replace vent screens with • 3 new 16 mesh stainless steel vent screens including stainless-steel bands,all in strict accordance 5 • EA $250.00 5 S 1,2_50.00 with the plans and specifications for 30"x 30"Roof Access Hatch.Furnish all labor,material,and equipment to remove and replace 4 30"x 30"roof access hatch including surface preparation and coating all in strict accordance with 1 LS $6,500:00 1 $ 6,500.00 plans and specifications for , Wall Rafter Brackets.Furnish all labor material,and equipment to remove and replace wall rafter 5 . brackets to include steel repair of attachment points,surface preparation and coating of interior 157' EA $550.00 157 $ 86,350.00. and exterior surfaces all in strict accordance with plans and specifications for Sand Accumulation in Tank.Furnish all labor,material,and equipment to remove and dispose of • 6 sand accumulation in interior surface including pressure washing all in strict accordance with plans 164 CY $50.00 164 $ 8.200.00 and specifications for --- Wall Base Caulking.Furnish all labor,material,and equipment to remove existing caulking,clean . 7 gap,and install new caulking between the tank steel base and the foundation all in strict 471 LF $15.00 - .471 $ 7,065.00 accordance with plans and specifications for Seal Cracks in Concrete Foundation.Furnish all labor,material,and equipment to clean and seal cracks in concrete foundation with epoxy sealant including excavation,backfill,and compaction as 8 necessary to complete repairs all in strict accordance with plans and specifications for 1 LS $8,500.00 5 - Tank Disinfection. Furnish all labor,material,and equipment to disinfect all interior surfaces all in 9 strict accordance with Item 460,plans and specifications'for 1 LS $4,500.00 1 S 4,500.00 "Confined Space Entry"Placards.Furnish all labor,material,and equipment to install"Confined . 10 Space Entry'placards all in strict accordance with plans and specifications for 3 EA $250.00 3 $ 750.00 Rain Gutter.Furnish all tabor,material,and equipment to reattach gutter spout and seal gutter 11 around roof,all in strict accordance with plans and specifications for 1 LS 512,000.00 1 S 12,000.00 Clean Steel Tank Exterior.Furnish all labor,material,and equipment to pressure wash steel tank 12 exterior all in accordance with plans and specifications for 1 LS $40,000.00 1 $ 40,000.00 • Supply Fan.Furnish all labor,material,and equipment to remove the existing center vent supply 13 fan and install a new supply fan and motor including electrical'reconnection,and testing,all in 1 LS $7,500.00 1 $ 7,500.00 strict accordance with plans and specifications for Supply Fan.Furnish one(1)new 2Hp supply fan and motor as approved by the Owner 14 1 ALLOW $5,000.00 S - • Page2of4 . CITY OF BEAUMONT LOEB STEEL&CONCRETE GST REPAIRS-REBID BID No.WU0321-16 . PROGRESS PAYMENT No. I 3 I PROGRESS.DATE I December 10.2021 BID DESCRIPTION CONTRACT QUANTITY THIS QUANTITY TO . ITEM QUANTITY I- UNIT•:I UNIT PRICE ESTIMATE -DATE TOTAL COST TO DATE [. Paint Yard Piping.Furnish all labor,material,and equipment to provide surface preparation and 15 coating of all yard piping,including all piping entering and exiting"the tank,all in strict accordance 1 LS S24,000.00 1 S 24,000.00 with plans and specifications for Concrete GST s - Locate Leaks.Furnish all labor,material,and equipment to locate leaks around tank perimeter 16 including excavation, backfill,and compaction all in accordance with plans and specifications for 476 LF $30:00 475 S 14,250.00 Leak Repair.Furnish all labor,material,and equipment to repair leaks around tank perimeter by 17 chemical grout injection all in strict accordance with plans and specifications for 100 LF S50.00 100 S 5,000.00 Sand Accumulation in Tank Furnish all labor,material,and equipment to remove and dispose of 18 sand accumulation in interior surface including pressure washing all in strict accordance with plans 1310. CY $60.00 1,310 S 78,600.00 and specifications for Interior Access Ladder.Furnish and install all labor,material and equipment to install new 16" 19 stainless steel ladder from tank roof hatch to bottom of tank including cable safety system all in 40 LF $250.00 40 S 10,000.00 strict accordance with plans and specifications for Disinfect Tank Interior.Furnish all labor,material,and equipment to disinfect tank interior including 20 all surfaces all in strict accordance with Item 460,plans and specifications for 1 LS $2,500.00 1 S 2,500.00 "Confined Space-Entry"Placards.Furnish all labor,-material,and equipment to install"Confined • 21 Space Entry"placards all in strict accordance with plans and specifications for 3 EA $250.00 3 S 750.00 Supply Fan.Furnish all labor,material,and equipment to remove the existing center vent supply 22 fan and install a new supply fan and motor,including electrical reconnection,and testing,all in 1 LS S10,000.00 1 S 10,000.00 strict accordance with plans and specifications for Supply Fan.Furnish one(1)new3Hp supply fan and motor as approved by the Owner 23 1 ALLOW $5,000.00. $ - Paint Yard Piping.Furnish all labor,material,and equipment to provide surface preparation and 24 coating of all piping entering and exiting the tank,all in strict accordance with plans and 1 LS $25,000.00 1 S 25,000.00 specifications for , Erosion Repair.Furnish all labor,material,and equipment to repair erosion at the discharge point 25 .of the overflow pipe and under the adjacent fence,all in strict accordance with plans and 1 LS $3,500.00 1 $ 3,500.00 speeificationsfor - Sidewalk Reconstruction.Furnish all labor,material,and equipment to replace/reconstructthe 26 sidewalk on the west end of the'Chlorine Building,repairing the sidewalk on the south side of the 1 LS $6,500.00 1 $ 6,500.00 building including excavation,backfill,and surface restoration,all in strict accordance with plans and specifications for Page 3 of4 • • • • CITY OF BEAUMONT LOEB STEEL&CONCRETE GST REPAIRS-REBID•• BID'No.WU0321-16 PROGRESS PAYMENT No. 3 PROGRESS DATE December 10.2021 BID • DESCRIPTION CONTRACT • • QUANTITY THIS QUANTITYTO •ITEM • . • QUANTITY I UNIT I UNIT PRICE •ESTIMATE . DATE TOTAL COST TO DATE MISCELLANEOUS . • Miiscellaneous'Tank Repairs..Furnish all labor,materials and equipment to perform all - 27 miscellaneous repairs to the tank,as directed by the Owner -- 1 ALLOW . .$10,000.00 -- • S 366.715.00 CHANGE ORDER No. 1 DESCRIPTION EXECUTED DATE . 08/30/21 • 27 • Miscellaneous tank repairs-Steel tank roof-repairs ' '1 . ALLOW $ • 4;500:00 1 $ 4;500.00 • • 27 . Amount moved from tank repair allowance 1 ALLOW $ (4,500.00) 1 CHANGE ORDER SUBTOTAL S 4,500.00 • CHANGE ORDER No. 2 DESCRIPTION' EXECUTED DATE 8 Seal Cracks on Concrete•Foundation- DELETE 1 LS S (8,500.00) ' 14 Supply Fan.Fumish one(1)new 2Hp supply fan and motor as approved by the Owner-DELETE 1 ALLOW S (5;000.00) Supply Fan.Furnish one(1)new 3Hp supply fan and motor as approved'by the Owner-DELETE 1 ALLOW $ (5;000:00) • Miscellaneous Tank Repairs. Furnish all:labor,materials and • • 27 equipment to perform all miscellaneous repairs to the tank,as directed 1 ALLOW. $ (5,500.00) • •by the Owner-DELETE REMAINING ALLOWANCE • • CHANGE ORDER SUBTOTAL TOTAL AMOUNT OF WORK PERFORMED TO DATE $ 371,215.00- • • • • • • Page 4 of4 RESOLUTION NO. WHEREAS, on May 11, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-121 awarding a contract in the amount of$395,215.00 to CFG Industries, LLC, of Magnolia, Texas, for the Loeb Steel & Concrete GST Repairs (REBID) Project; and, WHEREAS, on August 30, 2021, the City Manager executed Change Order No. 1, in the amount of$0.00, to repair forty-five (45) rusted areas with exposed steel on the top side of the steel tank roof, including surface preparation by power tool cleaning and coating per item 601 of the specifications, thereby having no effect in the total contract amount of$395,215.00; and, WHEREAS, Change Order No. 2, in the amount of ($24,000.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contact amount to $371,215.00; and, WHEREAS, the project has been inspected by the Water Utilities 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 ($24,000.00), to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contact amount to $371,215.00; and, BE IT FURTHER RESOLVED THAT the Loeb Steel & Concrete GST Repairs (REBID) Project be and the same is hereby accepted; and; BE IT ALSO RESOLVED THAT the City Manager is authorized to make final payment in the amount of$18,560.75 to CFG Industries, LLC, of Magnolia, 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 8th day of February, 2022. _ - Mayor Robin Mouton - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to Solid Bridge Construction, LLC related to 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, Texas, in the amount of$953,415.45, for the Cattail Marsh Wetlands Repair Project. Previous Change Order Nos. 1-4, in the amount of($57,438.43), are attached for your review. Proposed Change Order No. 5, in the amount of($14,105.00), 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$881,872.02. 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. 5, maintenance, and final payment in the amount of$44,093.60 is recommended. FUNDING SOURCE Harvey Fund, Federal Emergency Management Agency Fund, and Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-319 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. 4r 0 ht04Nl -Mayor Robin Mouton- tzyr i • i. APPROVAL OF CONTRACT CHANGE • CHANGE ORDER No.Five(5)&FINAL DATE: Janua ry 11,2022 PROJECT: City of Beaumont,Texas • Cattail Marsh Wetlands Repair Bid No.PW1021-06/FEMA Project II13339&1139195 • 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 adjust flnal,quantity/amount for Did Item No.26. • ORIGINAL CONTRACT AMOUNT: $ 953.415.45 REVISED CONTRACT AMOUNT PER CHANGE ORDER No,1,No.2,No.3&No.4: $ 895,977.02 THIS CHANGE ORDER • Item Description 26 Miscellaneous Improvements-Reduce the allowance by$14,105.00 to close-out contract. Remaining $ (14,105.00) allowance=$14,105.00-$14,105.00=$0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $ (14,105.00) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 881,872.02 • CONTRACT TIME Original Contract Time: 120 working days • Revised Contract Time per Change Order No.1,No.2,No.3 and No.4 231 working days • Additional Contract Time for change order 0 working days.: Revised Contract Time per this Change Order 231 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 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." • Accept by:. . Reviewed by: Rev w y: UL,1, arl 'oli Brid truction,LLC Amalla Villareal,P.E. art Dartko ak Contractor City Engineer Director of Public Works / 'fi ka=)(7Q and Technology services Date: ////O`n�� ... Datc:C� Date: Z�. .. Z • Re o mended by: Approved by: Attested by: S p mb g Poi ,In . Kyle Hayes Tina Broussard • E >ineer. City Manager City Clerk Date: /",25:'2 Date: Date: Page 1 of 1 • I • APPROVAL OF CONTRACTCHANGE CHANGE ORDER No.Four(4) DATE: October'27,2021 PROJECT: City of Beaumont,Texas Cattail Marsh Wetlands Repair . Bid No.PW1021-06/FEMA Project 013339&#39195 OWNER: City of Beaumont,Texas • 801 Main Street - -- - Beaumont,Texas 77704 CONTRACTOR: Solid Bridge Construction,LLC 1204 Sam Houston Avenue,Suite l . Huntsville, . TO THE OWNER Approval of the following contract changers requested. 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. • ORIGINAL CONTRACT AMOUNT: S_953.41545 REVISED CONTRACT AMOUNT PER CHANGE ORDER No.1,No.2&No.3: S 895.977.02 THLS CHANGE ORDER ... • . to Descrlotion 26 Miscellaneous Improvements-Reduce the allowance by$49,895.00 to provide Interior Slope Repair 3G. $ (49,895.00) Remaining allowance=$64,000.00-$43,895.00=$14,105.00 33 Interior Slope Repair 3G-reconstruct the interior levee slope including removing:misting crushed ' $ 49,895.00 limestone and stockpile on-site,remove and dispose existing geotextlle fabric,stripping the vegetation, • removing a 2'Iayer of clay fill,reconstructing the interior slope to compacted lifts,and hydro-muldh seed • the reconstructed levee slope;ADD 1 @$49,895.00/lump sum TOTAL AMOUNT OP THIS CHANGE ORDER: '$ TOTAL REVISED CONTRACTAMOUNiINaUDING THIS CHANGEORDER: $895.977.02 CONTRACTTIME .. Original CantractTime: 120 working days RevisedeontractTime per Change Order No.1,No.2and No.3 206 working days Additional ContreetTime for change order and levee repair 25 working days Revised Contract Time per this Change Order 231 working days CONDITION OF CHANGE . °Contractor edmowledges 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,andtheVinerequiredtoperformtheentireworkundertheCorntractarisingdirectly 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 Contractorwill waive all • rights to file a claim on this Change Order after It is properly executed.'. . Accepted by: Reviewed by: ii , . Solid Bridge Construction,LLC Amelia Villareal,P.E. :art: rtkowiak Contractor City Engine r Director of Public Works J/ chfnaJlogyServices Date: / J 7 i Date: I. Did Cd-x 1 andTe Date: /!-'/�'Z/r .. „Recommended by Approved by. A ed h� /► .w-�� cI b P ,Inc. Kyle Hayes Tina Broussard Ia/f(JI nY,'1 ULti)U ngineer ''//,, ; City Manager 1�_��Z+ DCity CI�� ,at Date: / -?'•'� Date ( .. . • Page 1 of 1 F{e z d • XL' . <L_vrS4:--- • • • APPROVAL OP CONTRACT CHANGE - I . • - CHANGE ORDER No.Three(3) DATE: September 22,2021 PROJECT: City of Beaumont,Texas Cattail Marsh Wetlands Repair • Bid No.PW1021-06/FEMA Project 813339&039195 OWNER: city of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Solid Bridge Construction,LLC 12045am Houston Avenue,Suite 1 • Huntsville,TX 77340 TO THE OWNER: Approval of the following contract change is requested. 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 REVISED CONTRACT AMOUNT PER CHANGE ORDER No.18:No.2: S B93,977.02 THIS CHANGE ORDER Item Description 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- $36,000.00=$64,000.00 32 Limestone Base-fumish,place and compact additional crushed limestone on top of the existing levees at $ 36,000.00 locations designated by the City;ADD 500 tons at$72.00/ton • TOTAL AMOUNTOF THIS CHANGE ORDER: • $ _ TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $1395,977.02 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 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 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." Accepted Reviewed by: Revi, / C�J�TaoL ' /i Solid Bridg st ction,LLC Amelia Villareal,P.E. ••,Bartkowiak • • Contractor City Engineer Director of Public Works• ��fJ I� •�� ^ and Techno cagy Services DatC. //�aa`, Date:��a •. 1 Date:— ('�Z/ Recommended by: Approved by: L ted by: I n Gil bua044. bum u &P Ik 1 c. Kyle Hayes na roussard pine r r City Manager Ootr ieric D°!� .r�7 Date: � / Date: • • Page 1 of 1 fa.; • • c"�a 9 as@@ sD,: _rco4.7 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two(2) DATE: August 16,2021 PROJECT: City of Beaumont,Texas Cattail Marsh Wetlands Repair Bid No.PW1021-06/FEMA Project 1113339&1139195 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 an alternate repair section for Area 2A,28 and 2C,to include leaving the existing crushed limestone and 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,Tensar7X160 triaxial geogrid or approved equal. ORIGINAL CONTRACT AMOUNT: $ 953,415.45 REVISED CONTRACT AMOUNT PER CHANGE ORDER No.1: $ 874,077.09 THIS CHANGE ORDER Item Description 6A Exterior Slope Mitigation 2A-DELETE removing existing crushed limestone and existing geotextile fabric, $ (1,769.90) and ADD install 6"of compacted crushed limestone on top of the existing limestone;DELETE $1,769.90/lump sum 7A Exterior Slope Mitigation 2B-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) and ADD install 6"of compacted crushed limestone on top of the existing limestone;DELETE $1,150.87/lump sum 23 Delete geotextile fabric and ADD install geogrid,Tenser TX160 triaxial geogrid or approved equal,and $ 10,531.50 crushed limestone road material on the top of the finished berm,TEN FOOT(10')wide top of berm; DELETE @ 1,190 LF @$34.00/LF and ADD 1,190 LF @$42.85/LF 24 Delete geotextile fabric and ADD install geogrid,Tenser TX160 triaxial geogrid or approved equal,and $ 20,832.90 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 @$46.85/LF TOTAL AMOUNT OF THIS CHANGE ORDER: •$ 21,899.93 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 895,977.02 CONTRACT TIME 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 Page 1 of 2 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two(21 DATE: August 16,2021 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments to 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 t 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; Reviewed by: R= • by: v\, kx101.1k // S Id Bridge n ruction,LLC Amalie Villareal,P.E. :art Bartkowlak Contractor City Engineer Director of Public Works f 7 �t , c'�'^n/ 1 and Technology Services Date: / �t'�r�1 Date: O J \% �v`'� I Date: ?o )Plc _ Recommended by: Approved by: L ested by: • CVS aum r Po t In Kyle Hayes na roussard 6nee City Manager City Cier Date:: 5-/ -2 f Date: g' 2 '2.1 Date: '01.5 Atto afeerkumalrt I sa�n c° ',®oar®eta® Page 2 of 2 • APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One 11) DATE: June 4,2021 PROJECT: City of Beaumont,Texas. Cattail Marsh Wetlands Repair Bid No.P W1021-06/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,1G and 1H,on the exterior side slope of the Cell 1 east levee damaged by the flooding from Hurricane Imelda;to repair the Beverly 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 1D and 1E 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 road bed being still Intact. ORIGINAL CONTRACT AMOUNT: - $ 953,415.45 THIS CHANGE ORDER Item Description - - 2A Exterior Slope Mitigation 1A-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 1F-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/Iump sum 21A Interior Slope Mitigation 1D-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 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 @$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 1D-reconstruct the interior levee slope including coffer dam $ 75,879.75 return/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 return/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 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One(1) DATE: June 4,2021 • 29 Exterior Slope Repair 1G-reconstruct the exterior levee slope including removing existing crushed $ 12,366.50 limestone and stockpile on-site;remove and dispose existing geotextllefabric,stripping the vegetation, removing a 2'layer of clay fill on the exterior,construct 3'deep clay key,reconstructing the exterior slope in compacted lifts,remove upper LS'-2'layer of levee and stockpile,including old limestone road bed and geotextile fabric,install and compact clay fill to rebuild top oflevve,and hydro-mulch seed the reconstructed levee slope;ADD 1 @$12,366.50/lump sum 30 Exterior Slope Repair 1H-reconstruct the exterior levee slope including removing existing crushed $ 17,504.23 limestone and stockpile on-site,remove and dispose existing geotextile fabric,stripping the vegetation, removing a 2'layer of clay fill,construct 3'deep-clay key,reconstructing the exterior slope in compacted • lifts,remove upper L5.-2'layer of levee and stockpile,including old limestone road bed and geotextile • fabric,install and compact clay fill to rebuild top of levee,anti hydro-mulch seed the reconstructed levee • slope;ADD 1 @$17,504.23/lump sum 31 Top of Levee-Level out the rutted area adjacent to repair Area 1E,install a 800 LF of TenserTX160. $ 35,786.00 triaxial geogrid or approved equal,and 10"of compacted crushed limestone meetingthe requirements of TxDOT 2014 Standard Specifications Item 247,Type A,Grade 1-2,moisture-conditioned to± of optimum moisture content and compacted in maximum 6-in loose liftsto a minimum of 95%of the maximum density as determined byASTMD1557;ADD 1 @$36,786.00/lump sum TOTAL AMOUNT OF THIS CHANGE ORDER: $ (79,33836) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 874,077.09 CONTRACTT1ME Original Contract Time: 120 working days Additional Contract Time for Repair 1G and Repair 1H 15 working days Revised Contract Time per this Change Order 135 working days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order repremnts 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 constitutes an agreement behveen Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment tothe Contract and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Aaepte Reviewed by: R i f b z• 'Solid Brit' ction,LLC Amelia Villareal,P.E Bart Bartko ak Contractor •- city Engineer Director of Public Works [ and Technol�ogySenfices Date � Date:1 Ul-a�O—a C Date: e-1 T-Z1 Recommended by: Approved by: L ' L "tasted 0)/�D1 4,40j._. � vScha urgAi k,1nc Kyle Hayes Tina Broussard Engineer City Manager City Clerk. Date: 6-/7-2/ . ... Date: 7—Yet—2 Date: �'j .c114 Page 2of2 SkSPLIM°49.141illk 1413 11.1 pU: te4 ` ..; • • • 1 • • CITY OF BEAUMONT;TX CATTAIL MARSH WETLANDS REPAIR • BID NO.PW1121-06/FEMA PROJECT No.13339&No.39195 • • 'PROGRESS PAYMENT No. 5&Final PROGRESS DATE January 11.2021, CONTRACT TIME BEGAN: March 24,2021 ORIGINAL CONTRACT AMOUNT $ 953,415.45 WORKING DAYS ALLOWED: 231 CONTRACT AMOUNT INCLUDING CHANGE ORDERS $ 881,872.02 WORKING DAYS USED: 190 TOTAL AMOUNT OF WORK PERFORMED TO DATE $ 881,872.02 WORKING DAYS OVER: LESS:RETAINAGE 5% PREVIOUS PAYMENTS $ 837,778.42 • • ..Change Order Summary Approved Change Orders TOTAL DEDUCTIONS $ 837,778:42. ' Number. Additions . Deductions _____ 1 $ _79_338.36 AMOUNT DUE CONTRACTOR $ 44,093.60 2 $ •21,899.93 3 4.. .. Percent Complete 100.00% • 5 — $ 14.105.00 "— TOTALS $ 21,899.93 $ 93,443.36 • NET CHANGE BY •- $ .+(1 ANGE ORDERS. (71,543.43) • Contractor's Certification The undersigned Contractor certifieathat to the best of its knowledge: Payment of: $ .44,093.60 (1)ail previous progress payments received from Owner on account of Work_ • done under the Contract have been applied on account to discharge is recommended by. • ) L .� ,�li S'22 • Contractors legitimate obligations incurred In connection with Work covered by • lEngeeer) S UM 8 POLK,INC. (Date)' prior Progress Payments; • I (2)title of all Work,materials and equipment incorporated In said Work or .otherwise listed in or covered by this Progress Payment will pass to Owner at • time or payment free and dear of all Liens,security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Payment of: 44,09 Owner against any such Liens,security interest or encumbrances);and (3)all Work covered by this Progress Payment is in accordance with the , Contract Documents and is not defective. is approved by: Z -2- Z �p ( et) CI F EAUMONT (Date) • Contract 's S• ' nature By:Co (/�/_f }Dale: " /f a01.� Payment of: $ 44 093:60 • 6llef... / �" d ,�^ a 414 Z_<sl u t4l�n(! . !. asp �' ri► is approved by,• Contractor. (Owner) ' CITY OF BEAUMONT .• (Dale.).' SOLID BRIDGE CONSTRUCTION:LLC Page 1 of 1 •. r 1 . CITY OF BEAUMONT,TX CATTAIL MARSH WETLANDS REPAIR BID NO.PW1121-06/FEMA PROJECT No.13339&No.39195 PROGRESS PAYMENT No. 5&FINAL PROGRESS DATE January 11,2022 CONTRACT QUANTITY THIS QUANTITY TO TOTAL COST TO BID ITEM DESCRIPTION QUANTITY UNIT I UNIT PRICE ESTIMATE DATE DATE 1 Mobilization costs,including payment bond,performance bond,insurance, 1 LS $10,000.00 0.00 1.00 $ 10,000.00 moving equipment to project,and demobilization 23 Install geotextile fabric and crushed limestone road material on the top of 1190 LF $34.00 0 1190 $ 40,460.00 the finished berm,TEN FOOT(10')wide top of berm 24 Install geotextile fabric and crushed limestone road material on the top of 2,354 LF $38.00 0 2354 $ 89,452.00 the finished berm,TWELVE FOOT(12')wide top of berm 25 Sampling Station-construct outfall sampling station 1 LS $20,900.00 0.00 1.00 $ 20,900.00 26 Miscellaneous Improvements-furnish all labor,materials,and equipment 1 ALLOW $100,000.00 0.14 1.00 $ 100,000.00 to perform all miscellaneous improvements,as directed by the Owner 2A Exterior Slope Mitigation 1A-reconstruct the exterior levee slope 1 LS $11,346.15 0.00 1.00 $ 11,346.15 3A Exterior Slope Mitigation 1 B-reconstruct the exterior levee slope 1 LS $17,067.75 0.00 1.00 $ 17,067.75 4A Exterior Slope Mitigation 1 C-reconstruct the exterior levee slope 1 LS $23,194.35 0.00 1.00 $ 23,194.35 5A Exterior Slope Mitigation 1 F-reconstruct the exterior levee slope 1 LS $27,412.50 0.00 1.00 $ 27,412.50 6A Exterior Slope Mitigation 2A-reconstruct the exterior levee slope 1 LS $8,428.10 0.00 1.00 $ 8,428.10 7A Exterior Slope Mitigation 2B-reconstruct the exterior levee slope 1 LS $31,112.15 0.00 1.00 $ 31,112.15 8A Exterior Slope Mitigation 2C-reconstruct the exterior levee slope 1 LS $11,661.10 0.00 1.00 $ 11,661.10 9A Exterior Slope Mitigation 4A-reconstruct the exterior levee slope 1 LS $10,431.50 0.00 1.00 $ 10,431.50 10A Exterior Slope Mitigation 4C-reconstruct the exterior levee slope 1 LS $56,692.00 0.00 1.00 $ 56,692.00 11A Exterior Slope Mitigation 5A-reconstruct the exterior levee slope 1 LS $19,584.90 0.00 1.00 $ 19,584.90 12A Exterior Slope Mitigation 3A-reconstruct the exterior levee slope 1 LS $19,241.95 0.00 1.00 $ 19,241.95 Page 2 of 5 CITY OF BEAUMONT,TX CATTAIL MARSH WETLANDS REPAIR BID NO.PW1121-06/FEMA PROJECT No.13339&No.39195 PROGRESS PAYMENT No. 5&FINAL PROGRESS DATE January 11,2022 CONTRACT QUANTITY THIS QUANTITY TO TOTAL COST TO BID ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ESTIMATE DATE DATE 13A Interior Slope Mitigation 3B-reconstruct the interior levee slope 1 LS $23,184.05 0.00 1.00 $ 23,184.05 14A Interior Slope Mitigation 3C-reconstruct the interior levee slope 1 LS $39,394.00 0.00 1.00 $ 39,394.00 15A Interior Slope Mitigation 3D-reconstruct the interior levee slope 1 LS $17,758.05 0.00 1.00 $ 17,758.05 16A Interior Slope Mitigation 3E-reconstruct the interior levee slope 1 LS $9,356.85 0.00 1.00 $ 9,356.85 17A Interior Slope Mitigation 3F-reconstruct the interior levee slope 1 LS $8,203.60 0.00 1.00 $ 8,203.60 18A Interior Slope Mitigation 4B-reconstruct the interior levee slope 1 LS $10,852.25 0.00 1.00 $ 10,852.25 19A Interior Slope Mitigation 4D-reconstruct the interior levee slope 1 LS $43,076.00 0.00 1.00 $ 43,076.00 20A Interior Slope Mitigation 4E-reconstruct the interior levee slope 1 LS $33,619.85 0.00 1.00 $ 33,619.85 21A Interior Slope Mitigation 1 D-reconstruct the interior levee slope 1 LS $203,967.00 0.00 1.00 $ 203,967.00 22A Interior Slope Mitigation 1 E-reconstruct the interior levee slope 1 LS $67,019.35 0.00 1.00 $ 67,019.35 SUBTOTAL $ 953,415.45 CHANGE ORDER No. 1 EXECUTED DATE July 19,2021 2A EXTERIOR SLOPE MITIGATION 1A 1 LS $ 2,856.00 0 1 $ 2,856.00 5A EXTERIOR SLOPE MITIGATION 1 F 1 LS $ 7,424.00 0 1 $ 7,424.00 21A INTERIOR SLOPE MITIGATION 1D 1 LS $ (203,967.00) 0 1 $ (203,967.00) 22A INTERIOR SLOPE MITIGATION 1E 1 LS $ (67,019.35) 0 1 $ (67,019.35) Page 3 of 5 CITY OF BEAUMONT,TX CATTAIL MARSH WETLANDS REPAIR BID NO.PW1121-06/FEMA PROJECT No.13339&No.39195 PROGRESS PAYMENT No. 5&FINAL PROGRESS DATE January 11,2022 CONTRACT QUANTITY THIS QUANTITY TO TOTAL COST TO BID ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ESTIMATE DATE DATE New 21A ALTERNATE INTERIOR SLOPE MITIGATION 1 D 1 LS $ 75,879.75 0 1 $ 75,879.75 New 22A ALTERNATE INTERIOR SLOPE MITIGATION 1 E 1 LS $ 38,831.51 0 1 $ 38,831.51 29 EXTERIOR SLOPE REPAIR 1G 1 LS $ 12,366.50 0 1 $ 12,366.50 30 EXTERIOR SLOPE REPAIR 1 H 1 LS $ 17,504.23 0 1 $ 17,504.23 31 TOP OF LEVEE REPAIR AROUND 1E 1 LS $ 36,786.00 0 1 $ 36,786.00 CHANGE ORDER SUBTOTAL $ (79,338.36) CHANGE ORDER No. 2 EXECUTED DATE August 25,2021 6A Exterior Slope Mitigation 2A 1 LS $ (1,769.90) 0.00 1 $ (1,769.90) 7A Exterior Slope Mittigation 2B 1 LS $ (6,543.70) 0.00 1 $ (6,543.70) 8A Exterior Slope Mittigation 2C 1 LS $ (1,150.87) 0.00 1 $ (1,150.87) 23 Delete geofabric and add install of Tensar TX160. 1190 LF $ 8.85 0 1190 $ 10,531.50 24 Delete geofabric and add install of Tensar TX160. 2354 LF $ 8.85 0 2354 $ 20,832.90 CHANGE ORDER SUBTOTAL $ 21,899.93 CHANGE ORDER No. 3 EXECUTED DATE September 22,2021 26 Miscellaneous Improvements-furnish all labor,materials,and equipment 1 ALLOW $ (36,000.00 to perform all miscellaneous improvements,as directed by the Owner ) 0 1 $ (36,000.00) 32 Limestone Base-furnish,plance and compact additional crushed 500 TON $ 72.00 0 500 $ 36,000.00 limestone on tope of the existing levees CHANGE ORDER SUBTOTAL $ - Page 4 of 5 CITY OF BEAUMONT,TX CATTAIL MARSH WETLANDS REPAIR BID NO.PW1121-06/FEMA PROJECT No.13339&No.39195 PROGRESS PAYMENT No. 5&FINAL PROGRESS DATE January 11,2022 CONTRACT QUANTITY THIS QUANTITY TO TOTAL COST TO BID ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ESTIMATE DATE DATE CHANGE ORDER No. 4 EXECUTED DATE October 27,2021 26 Miscellaneous Improvements-furnish all labor,materials,and equipment 1 ALLOW $ 895.00 49, to perform all miscellaneous improvements,as directed by the Owner ( ) 0 1 $ (49,895.00) 33 Interior Slope Mitigation 3G-reconstruct the interior levee slope 1 LS $ 49,895.00 0 1 $ 49,895.00 CHANGE ORDER SUBTOTAL $ - CHANGE ORDER No. 5 EXECUTED DATE January 11,2022 26 Miscellaneous Improvements-furnish all labor,materials,and equipment 1 ALLOW $ 105.00 14, to perform all miscellaneous improvements,as directed by the Owner ( ) 1 1 $ (14,105.00) CHANGE ORDER SUBTOTAL $ (14,105.00) TOTAL AMOUNT OF WORK PERFORMED TO DATE $ 881,872.02 Page 5 of 5 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, on December 7, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-319 authorizing the City Manager to execute Change Order No. 4, in the amount of $49,895.00, 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; and, WHEREAS, Change Order No. 5, in the amount of ($14,105.00) is required 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 $881,872.02; 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. 5, in the amount of ($14,105.00), 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 $881,872.02; and, BE IT FURTHER RESOLVED THAT the Cattail Marsh Wetlands Repair Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is authorized to make final payment in the amount of $44,093.60 to Solid Bridge Construction, LLC, of Huntsville, 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 8th day of February, 2022. . - Mayor Robin Mouton - 1 February 8,2022 Consider appointing an Interim City Manager effective March 31, 2022 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider appointing an Interim City Manager effective March 31, 2022. BACKGROUND The current City Manager is retiring effective March 31, 2022. An Interim City Manager will be appointed by the City Council and serve in that capacity until a permanent selection is made. The duties of the City Manager are outlined in the City Charter. This item was placed on the agenda by Mayor Robin Mouton. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT is appointed Interim City Manager effective March 31, 2022. 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 8th day of February, 2022. - Mayor Robin Mouton - 2 February 8,2022 Consider a request to abandon a portion of the Sawyer Street right-of-way BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider a request to abandon a portion of the Sawyer Street right-of-way. BACKGROUND Mark Fertitta,manager of SET Asset Properties, LLC (owner of 195 N. 1 lth Street), is requesting an abandonment of this portion of Sawyer Street. In 2017, an almost 5' section of the street was abandoned. The request was made to satisfy requirements of a potential lessor. Previously,the property had operated under a license to encroach, but this arrangement was problematic, given that the tenant was performing extensive upgrades to the property. In 2021, a survey of the property revealed that the requested abandonment was not large enough, and the building was still encroaching in the right-of-way. This abandonment would correct the issue of the encroachment. At a Joint Public Hearing held on January 24,2022,the Planning Commission recommended 7:0:1 to approve the request to abandon a portion of the Sawyer Street right-of-way. All of the required items for the abandonment have been submitted. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. PROPERTY TAX ANALYSIS 30 PROPERTY TAX ANALYSIS PROPERTY ASSESSMENT AND TAX DATA The subject is located within the taxing jurisdiction of Jefferson County. Per the Jefferson County Property Appraiser's Office,the subject is assessed under account number 121847&121848,which are assessed at 100.00% of the market value,as estimated by the County Assessor. The following tables summarizes the subject's real property taxation and our projection of real property taxes based on the current assessed value and the subject's pro-rata share of taxes,as supported by comparables: REAL ESTATE ASSESSMENT AND TAXES Tax ID No. i 2021 + Pro Forma 121847&121848 Land NOW Improvements ,;,; 92 Tax Value Subtotal $3,761,349 $3,761,349 Assessed Value @ 100% $3,761,349 $3,761,349 General Tax Rate per$100 2.714982 2.714982 Property Taxes Subjects Portion $102,120 $102,120 Total Taxes $102,120 $102,120 Total Taxes PSF $9.14 $9.14 DELINQUENCY There are no delinquent real property taxes. �7 CONCLUSION • `� 2 J J $ The subject has a tax burden of$102,120,or$9.14 per square foot. r 3gr r?6 8 412 , qt $qo I UTMB HEALTH APPRAISAL BBG BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Abandonment Tag Name: Correction of the approved previous Case#:PZ2021-443 abandonment Location: 195 N 11TH ST, BEAUMONT,TX Initiated On: 12/20/2021 10:58:10AM individuals listed on the record: Agent Mark A Fertitta Home Phone: 409-839-4428 PO Box 12400 Work Phone: Beaumont,TX 77726-2400 Cell Phone: 409-893-5941 E-Mail: m1958mark@aol.com Applicant Mark A Fertitta Home Phone: 409-839-4428 PO Box 12400 Work Phone: Beaumont,TX 77726-2400 Cell Phone: 409-893-5941 E-Mail: m1958mark@aol.com Property Owner Mark A Fertitta Home Phone: 409-839-4428 PO Box 12400 Work Phone: Beaumont,TX 77726-2400 Cell Phone: 409-893-5941 E-Mail: m1958mark@aol.com Flood Zones Construction Type Occupancy Type Fire District Notes: Case Type:Planning and Zoning Page 1 of 1 Case#:PZ2021-443 Printed On: 12/29/2021 APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List . Date: bEe IS,202.1 We,the undersigned,being the sole q erS of all the property abutting the proposed abandonment of l qti.. .. /iTN s r'eg. Wil moor T/'� 1 .hereby respectfully petition that the right-of-way,alley,or utility easement be closed and abandoned. OWNER and ADDRESS idtt Block Addition (tract) (tax plat) (survey) A 1)31*CfLoT Pao 4 YY g3 WI*al.1tou3E Ll.C. 2115. LAW...+I-,oiy 77702. Cogigngsa) 3-40 L. enfil,.. ,\ - ....-- \sii-3 43 Jitili, P pel6f r gesioffreR57. . T yd sic. oaT OF deseM1 TEVi 5 041g6rEI°, A es7 ' NOTE:Please print or type your name and then use signature. Separate sheets may be used. APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: ,Otte l.S, Z Z I We,the undersigned,being the sole owners of all the property abutting the proposed abandonment of � ' — /75 44 herw r ykgemfot divirt_r4-ff,A5__.. hereby respectfully petition that the right-of-way,alley,or utility easement be closed and abandoned. OWNER and AID !""SS Lot ]Block Addition (tract) (tax per) (survey) /55 /1/711 C 6 TR 39 oar oFTR310r vL NOTE:Please print or type your name and then use signature. Separate sheets may be used. Fertitta Realty, Inc. P.O. Box 12400 Beaumont, Texas 77726 (409) 839-4428 December 16,2021 Chris Boone, Director,Director City of Beaumont Planning and Zoning Community Development 801 Main Street Suite 201 Beaumont, Texas 77701 Dear Planning& Zoning: On May 23,2017 the City Council of Beaumont Texas along with the Planning and Zoning Department approved an partial abandonment of a right of way on Sawyer St. in Beaumont,Texas in favor of my company,SET Asset Properties L.L.C. This was approved as the Conn appliance store that was originally built on this property in 1966 was prior to the expansion of Laurel Avenue and Sawyer Street,its.. connecting street. The rear of this building located at 195 N. 11th Street now encroached into the right of way but was not discovered till 2017.In 1966 the building was a Conn Appliance Store owned by C.W. Conn Jr.and Jerry Conn. The building was re tenanted with Texas Home Health in 1999 and later sold to Hershel Hobson who then sold the building to the Levine Family Trust.My company SET Asset Properties,L.L.C. Purchased the empty building from the Levine Family Trust in 2017 and with extensive remodeling we acquired UTMB OBGYN Clinic into the building. Prior to SET buying the property we discovered that the building now encroached into the Sawyer Street Right of way which prompted the first partial abandonment.After receiving the abandonment no additional survey was performed till 2021.In this survey the previous abandonment description did not accurately address the area of abandonment needed so the building would not be encroaching into the remaining right or way. I am coming to you now with the surveyor's correct description of the abandonment and ask that the city again approve the amended abandonment description. I truly appreciate your consideration of this matter. Sincerely Yours: a.44.4,66x, Mark A.Fertitta POC I LAUREL AVENUE (ROW VARIES) FND S88'43'35'W 522.26' L FND. KOHLER 'Vr r a CONC. IKON. « '! --•FIND S03'24'44I o' RAMP FND N86.3518E ;; 12.63 •�' 10.00' „ ; � I r 1 ,-- .. r- `.'....4s©g' '� '5,92 ZC - GIIAHDRMV =t-- 10.00' � *p6 I . S 'L' I �01f' f'•' c '' g GRID 05989 ACRE £S�, ' : 'LL ap THEFALI I TRUST NE ! in CF NO. 20080033992 d € C OPRJC '; N • r go COMMERCIAL a I 'op a BUILDING i CM* ull:.f5.92 .r 10.00' I r t � 4 FND S86°35'16°` V 1.6 10.00' CIF...,. r E ® 0' 10' 20' 40' LEGEND L sole: -20' 0 POWER POLE EXHIBIT OF �' SIGN 890.00 SQ.FT. —CtF—CHAIN LINK FENCE NOAH TEVIS SURVEY --•—•— GUARDRAIL ABSTRACT NO.52 —ONE— OVERHEAD ELECTRIC BEAUMONT Mein CONCRETE JEFFERSON COUNTY,TEXAS ® ASPHALT ro e'llda er rim r rrni %vie ma ion NCNB Er Nu WU Nat mt Xel 1'1•20' 1 OF 1 1/W! 202'I 27—2035 Fil411LOMT.i ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE SAWYER STREET RIGHT-OF-WAY LOCATED AT THE REAR OF 195 N. 11TH STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; AND RETAINING A GENERAL UTILITY EASEMENT. WHEREAS, Mark Fertitta, owner of SET Asset Properties, LLC has requested the abandonment of a portion of the Sawyer Street right-of-way located at the rear of 195 N. 11th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said right-of-way is in the best interest of the City and should be granted; 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 resolution are hereby, in all things, approved and adopted; and, THAT a portion of the Sawyer Street right-of-way located at the rear of 195 N. 11th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. 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 8th day of February, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING an 890.00 square feet tract or parcel of land situated in the Noah Tevis Survey,Abstract No. 52, Jefferson County, Texas and being a portion of Sawyer Street right-of-way just South of Laurel Avenue, said 890.00 square feet tract being more particularly described as follows: NOTE:All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (2011). All acreages and distances are surface. COMMENCING at the intersection of the South right-of-way line of Laurel Avenue and the East right-of-way line of Sawyer Street,the same being the Northwest corner of that certain called 0.5989 acre tract of land as described in a "Quitclaim Deed" from Allan L. Levine to Allan L. Levine, Trustee of The Allan L. Levine Family Trust as recorded in Clerk's File No. 20080033692, Official Public Records of Real Property, Jefferson County, Texas and from said corner a Kohler concrete monument found for the intersection of the South right-of-way line of Laurel Avenue and the East right-of-way line of 13th Street bears SOUTH 86°43'35" WEST a distance of 622.26 feet; THENCE SOUTH 03°24'44" EAST, along and with the East right-of-way line of Sawyer Street and the West line of the said 0.5989 acre The Allan L. Levine Family Trust tract, for a distance of 12.63 feet to the Northeast corner and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 03°24'44" EAST, continuing along and with the East right-of-way line of Sawyer Street and the West line of the said 0.5989 acre The Allan L. Levine Family Trust tract, for a distance of 89.00 feet to a point for corner; THENCE SOUTH 86°35'16" WEST, over and across the right-of-way of Sawyer Street and perpendicular to the East right-of-way line of Sawyer Street, for a distance of 10.00 feet to a point for corner; THENCE NORTII 03°24'44" WEST, continuing over and across the right-of-way of Sawyer Street and 10 feet parallel to the East right-of-way line of Sawyer Street, for a distance of 89.00 feet to a point for corner; THENCE NORTII 86°35'16" EAST, over and across the right-of-way of Sawyer Street and perpendicular to the East right-of-way line of Sawyer Street, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 890.00 Square Feet, more or less. EXHIBIT "A" PZ2021-443: Request to abandon a portion of the Sawyer Street right-of-way. N Applicant: Mark A. Fertitta Location: Rear of 1951v. 11th Street 0 50 100 150 I I I I I Feet I i �t ate' p,;l k I. %..LegendIt fe di:. �t b7v �4 I'K+ �£ f ♦ _.�� t '9 �Y 17 �I �I1 � I �/ y-- dl ' I I t _.., _ _ R"1, sd .- ` `TJ..t ,� 1 S 1+ C} y �- %yJI + •II 11,.. I I, 14 !'. ,,i t ,..V_V_VS, gg''�� f •. y ��. ,�.:a ',-. p /� i7 r f. r � , 1" ,V t �' ' .- _ } ; t .- .�,. ', 4. 1, L ,.1� .. 1 i k I'.,` ""1 °''�h Asti' _ r. ...y.rr .f A _-s ,�„�L ,- �} � i fag �� x �� #` s �� t I :! ' 3 c i5 �� ft , ' LgUREL ST F 4�:. .-' s s d w j --- ». may. �* _ 'rf��1�� +'.ri 2Yk r k t , ; it N _ v11 � p'J +y ��y/ � �tp r �•# ' �C? 1 .r _ { _ . 1 ;�jr �' 7 V f `I 1 I) } h • �� • jrS JjC' dry}�4I{ r7'; • { 4f : y ... ...J 5e - rlff '�`' Il Ia+ f '.. Y,tjij �. f ,, ,-,Y -':-,.--)",:lti ,--',1:. G • < /la 1 1 xi )ti4 : •L >arxa � ` t J� ;,} --� it .�.1 t � 3 "'}`�" 'd.f. ..; t 1,+ +tis ,f d 1(nl,,, YY I ( I; -+ r t � . a c }! r 3 D I r ki .I 6 IS i5 + � + i'1 f • t 11 �, I I+ .. <141,w, a :., 7 do g ]'-' 4 r4 r I� rt—. — — I, s { r F ,.* �1, o _ "" I �t q� it q , �I j�� a �� { 4 II EXHIBIT "B" V POC I LAUREL AVENUE (ROW VARIES) r R FND S86'43'3"W 522.26' T' FND. KOHLLR CONC. MON. ,. --I ND SO3'24'441% f \.RAMP Li FND N88°35'1 "E ;' . - . 4° 1000' _.,Y' . Id •.' v. : c4ji%� o GuARDRNL:� e 104° 93-.-:* .40r—,,i-- S .Q t 4 CALLED 0.5989 ACRE THE AWltr L LEVINE r YW. ea FAMILY TRUST °� W CF NO. 20080033592 o coOPRJC PO x l :. 0 , i, 'i c COMMERCIAL • BUILDING ,; I,. AZ Z 1: r 4.:0$' '{, :5.92. 10.00' 3 In S88'35''IB°`SIN 0 1000`; , I • f '-' I # , ® 0' 1 0' 20' 4o' LI ® ,LEGENDCI.F_,, � Scale: 1'-x0' S POWER POLE fir' SIGN EXHIBIT OF ..-. _.. .. 890.00 S.Q.FT. —ctc—CHAIN LINK FENCE NOAH TEVIS SURVEY ----•—•—GUARDRAIL ABSTRACT NO.52 —fHE—OVERHEAD ELECTRIC BEAUMONT e CONCRETE JEFFERSON COUNTY,TEXAS SIMI ASPHALT nit r ak' "ixs' R.... ism en�e Wigion ma 'erg nim ian xi.fetr 1%20' —caw' • 3 February 8,2022 Consider approving the award of one year contracts with both Core & Main LP and Coburn's of Beaumont for the purchase of inventory materials to be used in the Water Utilities Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider a resolution approving the award of one year contracts with both Core&Main LP and Coburn's of Beaumont for the purchase of inventory materials to be used in the Water Utilities Department. BACKGROUND The City maintains an annual contract for couplings,pipe fittings, valves, fire hydrants and other related materials for use by the Water Utilities Department. The materials are used in the repair and maintenance of existing water and sewer lines and installation of new service lines. Specifications required bidders to submit pricing for 178 line items, separated into 15 specific. sections. Bids were evaluated upon the lowest total price per section on an all or none basis and which provides the best value to the City. Only bidders providing pricing for every item within each section were considered and only items that met specifications and requirements were awarded. Pricing is to remain firm for the term of the one year contract. Specifications also required all bids involving brass materials to be quoted with items that are certified NSF6 lead-free compliant and are of domestic (USA)manufacture. Bids were requested from nine vendors and three responses were received. The Administration recommends award of sections 1,2,3,4,5,6,7,8,9,10,11,12,13, and 15 to Core&Main of Beaumont at a cost of$1,929,467.93 and section 14 to Coburn's of Beaumont at a cost of$2,385. Total estimated contract value of$1,931,852.93 represents a 30.3%increase from current contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for the purchase of couplings, pipe fittings, valves, fire hydrants and other related material for use by the Water Department; and, WHEREAS, Core & Main, of Beaumont, Texas, submitted a bid for an estimated amount of $1,929,467.93 for Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 15 as shown in Exhibit "A," attached hereto; and, WHEREAS, Coburn's, of Beaumont, Texas, submitted a bid for an estimated amount of$2,385.00 for Section 14 as shown in Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bids submitted by Core & Main, of Beaumont, Texas, for Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 15 and Coburn's, of Beaumont, Texas, for Section 14 as shown in Exhibit "A," attached hereto, are the lowest responsible bidders providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bids submitted by Core & Main, of Beaumont, Texas, for an estimated amount of $1,929,467.93 for Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 and Coburn's, of Beaumont, Texas, for an estimated amount of $2,385.00 for Section 14 as shown in Exhibit "A" 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 Core & Main, of Beaumont, Texas, and Coburn's, 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 8th day of February, 2022. - Mayor Robin Mouton - CITY OF BEAUMONT, BEAUMONT,TEXAS PURCHASING DIVISION BID TABULATION BEAUMONT TEXAS Bid Name: ANNUAL CONTRACT FOR WATER DEPT. INVENTORY MATERIALS Bid Number: TF1222-10 Contact Person: TERRY WELCH, PURCHASING MANAGER Te rrv.welch@ beaumonttexas.eov Phone: 409-880-3107 SECTION/DESRIPTION Core&Main Coburn's Rural Pipe&Supply Beaumont,Tx Beaumont,Tx Jasper,Tx SECTION -1 VALVE&METER BOXES $326 8884TQ8 NON RESPOSIVE NON RESPONSIVE SECTION-2 FIRE HYDRANTS&COMPONENTS $�411�' 7i 8 NO BID NO BID SECTION-3 MECHANICAL JOINT RESTRAINER $5.7,99.3 5Q $58,198.50 $77,001.00 SECTION-4 MANHOLES&COMPONENTS $22f1rO9120 $91,074.70 NO BID SECTION-5 SERVICE SADDLES $29z3'_4,7!35 NO BID NON RESPONSIVE SECTION-6 COUPLINGS $29L267r_40 $79,677.70 NO BID Q SECTION-7 CLAMPS '$ ,5' 51r10 $162,923.90 NO BID I-- SECTION-8 MECHANICAL JOINT FITTINGS $30155.6&9d $31,204.15 NO BID o0 SECTION-9 TAPPING SLEEVES $15�'�T56 0 $19,884.10 NO BID = SECTION-10 BRASS PIPE FITTINGS $61,944.00 $75,935.00 NO BID W SECTION-11 BRASS VALVES $383~"'T2 8 0 NO BID NON RESPONSIVE SECTION-12 VALVES(DUCTILE IRON) $1�6335717 00 NO BID NO BID SECTION-13 WATER METERS&COMPONENTS $94,2.6.8 NO BID NON RESPONSIVE SECTION-14 POLYETHYLENE TUBING $2,660.00 2,385.001 $ NO BID SECTION-15 POLY PIPE MATERIALS 41R9O280 NO BID NO BID TOTAL AWARD: $1,929,467.93 $ 2,385.00 $0 NON RESPONSIVE-Bidder did not bid entire section as required to be awarded. Bidder Sections in BOLD and Hi lite denote Awarded Section. 4 • February 8,2022 Consider approving a proposal submitted by Honesty Environmental Services, Inc. to provide on-site asbestos consulting and air monitoring services at the property located at 555 Main Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: February 8, 2022 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by Honesty Environmental Services, Inc. to provide on-site asbestos consulting and air monitoring services at the property located at 555 Main Street. BACKGROUND Pricing was obtained from Honesty Environmental Services, Inc. to provide on-site project management,preparation of project documentation,and air monitoring/analytical services for the abatement project located at 555 Main Street. The asbestos consulting and air monitoring services is necessary to ensure that the project will be in compliance with the Texas Department of State Health Services (TDSHS). The cost to provide the consulting and air monitoring services will be $47,935.00. The total cost is based on the abatement contractor's estimate of 45 working days. In the event the abatement contractor works more or less than the 45 working days, this contract amount would be increased or reduced by $1,143.00 per working day. Honesty Environmental Services performed the asbestos survey and provided the technical specifications for the project and are being awarded this contract as a Best Value vendor as having the most knowledge and familiarity of the structure and the asbestos containing materials. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. THAT the City Manager be and he is hereby authorized to execute a proposal with Honesty Environmental Services, Inc. for the purpose of providing on-site asbestos consulting and air monitoring services for property located at 555 Main Street. The proposal is substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of February, 2022. - Mayor Robin Mouton - fiE) Honesty Environmental Services, Inc. www.honestvenvironmental.com January 26, 2022 City of Beaumont 801 Main Street Beaumont, Texas 77701 Email: Keith.folsomc beaumonttexas.gov Tel: 409-659-7288 Attn: Mr. Keith Folsom RE: Proposal for Asbestos Consulting &Air Monitoring Services Former AT&T Building 555 Main Street Beaumont, Texas 77701 HES Proposal No. 22-046-702 Honesty Environmental Services, Inc. (HES) is pleased to submit the following proposal for the Asbestos Consulting Services to include the on-site project management, preparation of project documentation, and air-monitoring/analytical services at the above-referenced site. This project will be in compliance with the Texas Department of State Health Services (TDSHS) regulations for Renovation/Demolition in public buildings. The Asbestos Consulting Services include: • Providing state-licensed air monitoring technician to conduct air-monitoring services during the asbestos abatement process • Providing BDXII low volume pumps, Bios Defender Calibrator, air sampling cassettes • Providing Olympus CX22 Microscope with slides, coverslips, etc. • Providing state-licensed laboratory analysis with NIOSH 582 • Providing state-licensed project manager to observe and record the abatement contractor's work procedures and progress on a daily basis • Conducting visual inspections and clearance sampling by Phase Contrast Microscopy (PCM) • Preparing a final report that will be the owner's permanent record of the abatement project. The final report will include daily field reports, ambient air sample results, documentation of usual and unusual events that occur during the abatement, and all pertinent submittals 14420 West Sylvanfield Drive, Suite 200 2300 Highway 365, Suite 450 Houston, Texas 770144E0 Nederland, Texas 77627 Phone: (713) 856-5354 Phone: (409) 632-2601 www.honestyenvironmental.com EXHIBIT "A" Asbestos Consulting &Air Monitoring Services Former AT&T Building 555 Main Street, Beaumont, TX 77701 HES Proposal No. 22-046-702 Page 2 of 3 HES proposes to provide Asbestos Consulting Services as outlined above for a lump sum amount of$47,935.00. This amount includes two TDSHS-Licensed Project Monitors/Air Monitoring Technicians working forty-five days, 5 days a week, 10 hours a day along with daily air sampling and laboratory analysis. Add/Deduct Cost In the event the number of days worked exceeds the 45 days proposed, a charge of $1,143.00 per additional work day will be applied to the above amount to cover the cost of TDSHS-Licensed Project Monitors/Air Monitoring Technicians working forty-five days, 5 days a week, 10 hours a day (includes overtime rate) along with daily air sampling and laboratory analysis. In the event the number of days worked are less than the 45 days proposed, a credit of $1,143.00 will be applied to the above amount for each work day less than the 45 days proposed. HES appreciates this opportunity to provide our Asbestos Consulting Services to the City of Beaumont. Immediate attention will be given to this project upon receipt of this signed Client Engagement Letter by email at sara(&honestvenvironmental.com. Should you have any questions, please contact me at (409) 632-2601..Thank you for the opportunity to be of service to you on this project. Sincerely, Honesty Environmental Services, Inc. Daniel R. Ward Vice President Asbestos Consultant License No. 10-5479 Asbestos Consulting &Air Monitoring Services Former AT&T Building 555 Main Street, Beaumont, TX 77701 HES Proposal No. 22-046-702 Page 3 of 3 Your signature below hereby authorizes Honesty Environmental Services, Inc. (HES), to perform the environmental services detailed above. You further agree that the total cost of this project will be invoiced following the delivery of our completed results; and payment is due within thirty days. The payment of HES's invoice for performance of the above services is not subject to any contingency (e.g., sale, loan approval, transaction closure, or your payment from client) related to the site being investigated. AGREED TO AND ACCEPTED THIS DAY OF , 2022 by: Name: Signature: Title: Company: