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HomeMy WebLinkAbout03/01/2022 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MARCH 1, 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 Item No. 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 22, 2022 City Council Meeting Minutes B. Approve the purchase of playground equipment for Sprott Park from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas C. Authorize the City Manager to execute Change Order No. 3 to the contract with Brystar Contracting, Inc., for the Lift Station&WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project D. Authorize the City Manager to execute Change Order No. 9 to the contract with McInnis Construction Inc. for Tyrrell Park Visitor Center parking lot improvements E. Authorize the City Manager to accept maintenance and authorize final payment to Structure Guard, LLC of Austin for the Lafin Drive at LNVA Canal Emergency Bridge Repairs Project F. Authorize the settlement of the claim of Beaumont Greenery G. Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force REGULAR AGENDA 1. Consider a request to rezone a property from NC (Neighborhood Commercial) and RM-H (Residential Multiple-Family Dwelling—Highest Density) to GC-MD- 2 (General Commercial—Multiple-Family Dwelling—2) and a Specific Use Permit to allow a mini storage located at 6030 and 6040 Concord Road 2. Consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR-H (Residential Conservation Revitalization- Historic)District located at 2005 Broadway Street 3. Consider a request for a Specific Use Permit to allow an adult daycare in the RM- H (Residential Multiple-Family Dwelling—Highest Density) District located at 1945 Sarah Street 4. Consider approving a three-year contract with WorkQuest for grounds maintenance and litter removal in the Central Business District and other specified areas throughout the City COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION • Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically land owned by the City of Beaumont south of West Cardinal Drive and east of IH-10, more specifically the approximate 2,049.36 acre tract of C. Hillebrandt, ABS 28, Tract 10, Jefferson County, Texas. 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 BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider approval of the February 22, 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 22,2022 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 22, 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 items 1-4 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Raymond McHenry with Westgate 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 and Feldschau. Absent: Councilmember Neild. Also, present were Kyle Hayes, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation — Mr. Tim Romero — Director of Mardi Gras of Southeast Texas and others Recognition — Honoring Councilmember Calvin Williams, Sr., First Black City Councilmember in Beaumont, Texas Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-4 Ashley Broertjes 7659 Boardwalk Lumberton TX Spoke regarding Item #4 on the agenda Minutes—February 22,2022 Harvey Steinhagen 6545 Troxton Ln. Beaumont TX Spoke regarding Item #2 on the agenda; consider a resolution supporting Pioneer Crossing for Seniors Rita Hall 7860 Store Circle Beaumont TX Spoke regarding Item #4 on the agenda; consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables Holly Hamm 390 N. Major Dr. Beaumont TX Spoke regarding Item #2 on the agenda; consider a resolution supporting Pioneer Crossing for Seniors Mitch Templeton 3550 Brentwood Beaumont TX Spoke regarding Item #4 on the agenda; consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables John R. Adolph 7665 Merion Dr. Beaumont TX Spoke regarding Item #1 on the agenda; consider a resolution supporting Abiding Grace Nicholas Hunter 9155 Mapes Beaumont TX Spoke regarding Item #2 on the agenda; consider a resolution supporting Pioneer Crossing for Seniors 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 15, 2022, City Council Meeting Minutes B. Approve a contract with Sanitary Supply Company for the purchase of Janitorial Supplies — Resolution 22-059 C. Authorize the repair of a pump and motor utilized at the Sewer Treatment Plant — Resolution 22-060 D. Authorize the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Teva—Resolution 22-061 Mayor Pro Tern Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU Minutes—February 22,2022 NAYS: NONE MOTION PASSED AGENDA 1. Consider a resolution supporting Abiding Grace, a proposed Housing Tax Credit (HTC) project located in the 4200 Block of West Cardinal Drive, acknowledging that the proposed project is located in a census tract having more than twenty(20) percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. Beaumont BFR, LP, a subsidiary of ITEX of Houston, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Abiding Grace, a proposed eighty-four(84)to one hundred (100) unit housing development, located in the 4200 block of West Cardinal Drive. " Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, for the project to be considered, the City would also need to acknowledge that the project is located in a census tract that has more than twenty (20) percent Housing Tax Credit units per total households. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. Approval of the resolution. Mayor Pro Tem Samuel moved to APPROVE A RESOLUTION THAT BEAUMONT BFR, LP HAS ADVISED THAT IT INTENDS TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR 2022 HOUSING TAX CREDIT FUNDS FOR ABIDING GRACE; IT IS HEREBY ACKNOWLEDGED THAT THE PROPOSED NEW CONSTRUCTION OR ADAPTIVE REUSE DEVELOPMENT IS LOCATED IN A CENSUS TRACT THAT HAS MORE THAN 20% HOUSING TAX CREDIT UNITS PER TOTAL HOUSEHOLD; AND, THE CITY OF BEAUMONT HEREBY CONFIRMS THAT ITS GOVERNING BODY HAS NO OBJECTION TO THE APPLICATION, PURSUANT TO 10 TAC §11.3(E) AND §11.4 (C)(1) OF THE QUALIFIED ALLOCATION PLAN; AND, THAT THE CITY OF BEAUMONT HEREBY CONFIRMS THAT ITS GOVERNING BODY HAS VOTED SPECIFICALLY TO APPROVE THE CONSTRUCTION OF THE DEVELOPMENT AND TO AUTHORIZE AN ALLOCATION OF HOUSING TAX CREDITS FOR THE DEVELOPMENT PURSUANT TO TEX.GOV'T CODE§2306.6703(A)(4);AND FOR AND ON BEHALF OF THE GOVERNING BODY, CHRIS BOONE, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT, IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO VERIFY THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU Minutes—February 22,2022 NAYS: NONE MOTION PASSED Resolution 22-062 2. Consider a resolution supporting Pioneer Crossing for Seniors, a proposed Housing Tax Credit (HTC) project located at the southeast corner of North Major Drive and Phelan Boulevard, acknowledging that Beaumont has more than twice the state average of housing units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. Beaumont PC for Seniors, LLC, a subsidiary of BETCO of Austin, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Pioneer Crossing for Seniors, a proposed seventy-two (72) to eighty (80) unit housing development, located approximately at the southeast corner of North Major Dr. and Phelan Blvd. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. Approval of the resolution. Councilmember Getz moved to DENY A RESOLUTION THAT BEAUMONT PC FOR SENIORS,LLC HAS ADVISED THAT IT INTENDS TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR 2022 COMPETITIVE 9% HOUSING TAX CREDITS FOR BEAUMONT PIONEERING CROSSING;THE CITY OF BEAUMONT HEREBY CONFIRMS THAT ITS GOVERNING BODY HAS VOTED SPECIFICALLY TO DENY THE CONSTRUCTION OF THE DEVELOPMENT AND TO DENY AN ALLOCATION OF HOUSING TAX CREDITS FOR THE DEVELOPMENT PURSUANT TO TEX. GOV'T CODE §2306.6703(A)(4); AND THAT FOR AND ON BEHALF OF THE GOVERNING BODY, CHRIS BOONE, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT,IS HEREBY AUTHORIZED,EMPOWERED,AND DIRECTED TO VERIFY THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 22-063 Minutes—February 22,2022 3. Consider approving the purchase of a Tub Grinder for use in the Solid Waste Department. A Vermeer TG5000 Tub Grinder will be purchased from Vermeer Texas-Louisiana of Cypress, Texas, in the amount of$589,960.00. The existing unit will be traded in for a credit of $60,000.00, making the overall price $529,960.00. This equipment is used to grind and mulch large items at the landfill. The new tub grinder will replace unit 5096, which is a 2008 Precision Husky 5100 KBL Tub Grinder that has exceeded its expected service life, with an estimated cost of$318,227.85 to repair and rebuild it. Bids were requested from seven vendors and two vendors responded. A warranty of one year is provided and will be serviced by Vermeer. Funds in the amount of $389,000.00 was budgeted in the Solid Waste Fund based on a quote from a prior vendor. That vendor declined to submit a bid due to the liability language contained in the bid request. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY VERMEER TEXAS-LOUISIANA,OF CYPRESS,TEXAS,FOR THE PURCHASE OF A VERMEER TG5000 TUB GRINDER FOR USE BY THE SOLID WASTE DEPARTMENT IN THE AMOUNT OF $589,960.00, WITH A VENDOR CREDIT IN THE AMOUNT OF$60,000.00 MAKING THE TOTAL PURCHASE PRICE$529,960.00, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH VERMEER TEXAS-LOUISIANA, OF CYPRESS, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 22-064 4. Consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables. Eight vendors were solicited for a Request for Proposal to lease the Tyrrell Park stables from the city for the boarding of horses as well as a venue for riding lessons. Specifications contained an option to lease the Ranger House located at the adjacent property and required a minimum monthly payment to the city of$500 per facility, payment of all utilities, as well as maintenance requirements of the facilities and the attached grounds. One submission was received from the current operators, Tyrrell Park Stables, LLC of Beaumont with an offer to pay the city$350 per month for the stables to increase to$500 per month once all riding trails are completed by the city, and $500 per month for the Ranger House minus the$1,500 security deposit as was required by the specifications. The vendor Minutes—February 22,2022 takes exception to the maintenance requirements of the facilities and grounds and asks that the city perform all of the maintenance. The lease is for one year with three one-year renewals. Staff recommends that Council reject the proposal for not meeting specifications. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL DOES HEREBY ACCEPT THE REQUEST FOR PROPOSALS RECEIVED FOR THE LEASE AND OPERATION OF TYRRELL PARK STABLES FROM THE CITY FOR THE BOARDING OF HORSES AS WELL AS A VENUE FOR RIDING LESSONS. Councilmember Feldschau seconded the motion. After discussion Councilmember Getz withdrew his motion to accept the Request for Proposals and motion to table the item. Councilmember Feldschau seconded the motion. After additional discussion, to move forward with negotiating a contract with the current operators, Councilmember Getz withdrew his tabled motion with a second by Councilmember Feldschau. Mayor Pro Tem Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL DOES HEREBY REJECT THE REQUEST FOR PROPOSALS RECEIVED FOR THE LEASE AND OPERATION OF TYRRELL PARK STABLES FROM THE CITY FOR THE BOARDING OF HORSES AS WELL AS A VENUE FOR RIDING LESSONS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER AND FELDSCHAU NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 22-065 COMMENTS * Public Comments (Persons are limited to three minutes) Jeremy Pavalich 695 Chamberlin Dr. Beaumont TX Spoke regarding assisted living for seniors and affordable housing, stated that he loves affordable housing for the seniors, commented on the housing tax credits and independent contractors, asked that the city give good local contractors a leg in these projects so they can put money back into the city, asked that the city do better, build back better and give the local people a shot Louis Vaughn 9615 Mapes Beaumont TX Stated as Black History Month is being celebrated, it is good to look back and look to the present to see where we have come from and to give some indication as to where we are going without change, commented on a documentary that showed where blacks have come from throughout history, didn't know that we as blacks served over in Europe to fight for Minutes—February 22,2022 another country which was France, anyone can see this telecast and other information at forloveofliberty.org, commented on BISD and the naming rights for the football stadium, stated that he has some concerns about the stadium particularly the athletes and patrons that attend football games at the stadium as well as other events that take place there, this stadium sits between two active landfills, the landfills are on Lafin and Labelle Roads, the Labelle Road landfill is much safer than the Lafin Road landfill yet the landfill on Labelle Road could be even safer, stated he has discussed this with Council over 15 years now and nothing has been done, read a verse from the bible Tonene Ligon Carrierre 4240 Inez St. Beaumont TX Thanked the citizens of Beaumont for signing her petition to get prayer back in school, thanked the Councilmembers for all that they do especially Councilmember Durio, commented on a home invasion in her neighborhood, asked if they could get more police to patrol in her neighborhood, asked that everyone stay safe and lock their doors Airon Reynolds 6945 Salida Ln. Beaumont TX Stated that he attended the City Council meeting on last week and expressed concerns regarding Stacy Lewis, as of this morning nothing has been done, he's been a resident of Beaumont for fifteen years, been pastoring in this city for twenty-five years, in his observation in his twenty-five years it's what he calls a good old boy system, stated that he needs Council to address the matter of Mr. Lewis, thinks that it's a disservice to have an employee to serve twenty five years and to be given an ultimatum to resign, retire or be fired without due process, for the fifteen years that he's been a citizen he's called the City Manager several times and not one time has he returned his calls, he's grateful to Chris Boone because he returns his calls every time, stated that he has asked the Council to ask the City Manager to intervene and evidently he chose not to, so since he won't intervene, asked that Council do the City Manager like he's done Stacey Lewis and that's to fire the City Manager Paul Hall 7860 Stone Circle Beaumont TX Spoke to Council regarding the item on the agenda pertaining to Tyrrell Park Stables, commented on the proposal that was provided to them, feels that all of Council should have been given a copy of the proposal, everyone needed to understand what was voted upon, stated he knew that the agenda item would be denied, his wife loves what she does, and she will continue to do so Rita Hall 7860 Stone Circle Beaumont TX Stated that she wanted to clarify a couple of issues regarding the Tyrrell Park Stables, one is that there is someone in the garage apartment, no one was supposed to live there,there was emails back and forth and permission was given for someone to live in the garage apartment to look after the horses, stated that she also has the original contract from FY 2015, read a portion of the city's scope of work and what they are responsible for and what they will maintain, stated they did try and negotiate about 16 months ago regarding the apartment Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS Minutes—February 22,2022 COUNCILMEMBER DURIO - THANKED EVERYONE FOR ATTENDING THE MEETING, COMMENTED ON A BLACK HISTORY PRESENTATION FOR ELECTED OFFICIALS THAT HE ATTENDED OVER THE WEEKEND GIVEN BY(PPAC) PEOPLES POLITICAL ACTION COMMITTEE, THANKED PASTOR REYNOLDS FOR THE INVITATION, STATED THAT ON THIS MORNING HE WENT TO BEAUMONT UNITED HIGH SCHOOL, THE NAVY JUNIOR ROTC HAD AN INSPECTION AND HAD SOME DRILLS, IT WAS VERY WELL DONE, THANKED PRINCIPAL POPILLION AND THE ROTC COMMANDER, THERE WAS A NAVY CAPTAIN THAT CAME IN AND DID THE INSPECTIONS OF THE CADETS, THEY MARCHED IN FORMATION AND IF THAT'S OUR FUTURE, OUR FUTURE WILL BE IN GOOD HANDS, LOOKS FORWARD TO SEEING SOME OF THOSE YOUNG FOLKS JOINING THE MILITARY COUNCILMEMBER GETZ- THANKED THE COMMUNITY FOR THEIR OUT POURING OF LOVE, SUPPORT AND PRAYERS THAT ARE BEING OFFERED UP FOR ALLISON AND THEIR FAMILY DURING THEIR DIFFICULT TIME COUNCILMEMBER TURNER- REMINDED EVERYONE THAT EARLY VOTING IS GOING ON, ENCOURAGED EVERYONE TO EXERCISE THEIR RIGHT TO VOTE, THE ELECTRIC SCOOTERS HAVE MADE THEIR ONE WEEK ANNIVERSARY IN BEAUMONT, TX, HAS RECEIVED A LOT OF PHONE CALLS AND EMAILS, WANTED COUNCIL AND THE COMMUNITY TO KNOW THAT EVERYONE IS EXCITED ABOUT THE SCOOTERS AND HOW MUCH THEY APPRECIATE THEM, ANNOUNCED MARDI GARS, FEBRUARY 24 THROUGH THE 27, 2022,THE SOUTHEAST TEXAS MURAL FEST,WILL BE MARCH 5TH AND 6TH, 2022, TASTE OF THE TRIANGLE WILL BE MARCH 1,2022, DANCING WITH THE STARS WILL BE MARCH 5,2022, BEAUMONT PANTHERS WILL BEAT FORD PARK ON SATURDAY, FEBRUARY 26,2022,ADMISSION WILL BE FREE AS WELL AS A MIDDLE SCHOOL ALL STAR GAME WITH SCHOOLS FROM ALL OVER THIS AREA COUNCILMEMBER FELDSCHAU - COMMENTED ON THE DISCUSSION OF HOUSING,STATED THAT HE AGREES WITH MAYOR PRO TEM SAMUEL AND COUNCILMEMBER GETZ, THIS CAN'T BE ABOUT NOT IN MY NEIGHBORHOOD,WHATEVER IS IN THE PAST NEEDS TO STAY IN THE PAST AND WE NEED TO MOVE FORWARD, IS AMAZED AT THE DIVERSITY OF OUR CITY AND THAT'S VERY ENCOURAGING, STATED THAT UNIFIED DIVERSITY CREATES UNLIMITED POSSIBILITIES, WE ARE AN INTERNATIONAL CITY AND WE ARE BETTER FOR IT, LET'S COME TOGETHER AS ONE COMMUNITY AND ONE CITY,WE CAN WALK HAND IN HAND AND NOT EYE TO EYE Minutes—February 22,2022 MAYOR PRO TEM SAMUEL- STATED THAT HE AGREES WITH COUNCILMEMBER FELDSCHAU, STATED THAT EVEN THOUGH HE AND COUNCILMEMBER GETZ SOMETIMES OPPOSE ONE ANOTHER,IT'S GOOD TO BE ABLE TO PUT IT IN THE PAST AND MOVE ON,WE ARE ALL LEARNING,IT'S A PART OF LIFE, THANKED PASTOR REYNOLDS FOR THE INVITATION TO THE BLACK HISTORY PRESENTATION, REALLY ENJOYED IT, ALSO STATED THAT HE HAD TO LEAVE THAT FUNCTION EARLY AS HE STOOD IN FOR THE MAYOR AT A FUNCTION WITH PHI DELTA KAPPA,THANKED THE MAYOR FOR LETTING HIM ATTEND IN HER ABSENCE COUNCILMEMBER NEILD- ABSENT CITY ATTORNEY REED - NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - THANKED CALVIN WILLIAMS JR.,FOR BEING THE FIRST BLACK CITY COUNCILMEMBER, THANKED THE ALPHA PHI ALPHA FRATERNITY FOR RECOGNIZING HER ON LAST TUESDAY IN HER OFFICE WITH A DOZEN ROSES FOR BEING THE FIRST BLACK FEMALE MAYOR, ON FRIDAY NIGHT SHE HAD THE HONOR OF INTRODUCING "THEY WILL TALK ABOUT US" WHICH IS A DOCUMENTARY ABOUT THE CHARLTON POLLARD NEIGHBORHOOD IN THE SOUTH END OF BEAUMONT, IT WAS DIRECTED BY SOMEONE THAT'S A PART OF THIS COUNCIL EVERY TUESDAY, GORDON WILLIAMS IS RESPONSIBLE FOR FILMING THE COUNCIL MEETINGS THAT ARE SEEN ON THE CITY ACCESS CHANNEL AS WELL AS THE WEB SITE, HE IS WITH LAMAR UNIVERSITY,THANKED GORDON FOR PRODUCING THIS DOCUMENTARY AND THE WONDERFUL WORK HE DID,THANKED PASTOR REYNOLDS FOR THE INVITATION TO THE BLACK HISTORY PRESENTATION SORRY SHE WASN'T ABLE TO ATTEND, ANNOUNCED THE TASTE OF THE TRIANGLE WILL BE MARCH 1, 2022, MARDI GRAS WILL BE FEBRUARY 24TH THROUGH THE 27TH, THANKED SMITH MIDDLE SCHOOL FOR INVITING HER AND CITY ATTORNEY SHARAE REED FOR MUFFINS WITH MOMS, ALSO VISITED WITH THE STUDENTS AT AMELIA ELEMENTARY, THANKED MRS. WINGATE HER FIRST GRADE TEACHER FOR THE CARD SHE SENT HER IN THE MAIL,THANKED KENDRICK PERKINS FOR COMING BACK TO BEAUMONT AND GIVING BACK, ENCOURAGED CITIZENS TO GET OUT AND SUPPORT HIM Open session of meeting recessed at 3:50 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Minutes—February 22,2022 Claim of Rickey Collier Claim of Lynn Rowell on behalf of Beaumont Greenery Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—February 22,2022 B BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jimmy Neale, Parks &Recreation Director MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of playground equipment for Sprott Park from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas. BACKGROUND The playground area at Sprott Park is in need of an upgrade. This upgrade will include installation of new equipment that will add to the enjoyment of the playground. The purchase will be made from Kraftsman utilizing the BuyBoard purchasing co-operative contract(#592-19) in the total amount of$52,454.66. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. J" °U'`Op Kraftsman QUOTE#Q71735 C.,"" COMMERCIAL PLAYGROUNDS& Date:11/15/2021 KRAFTSMAN WATER PARKS Protect:26771 19535 Haude Road Created By:Ryan Slott f�✓ ` `a� Spring,TX 77388 Quote Name:O Uon 2 �FrsMAt40-0. Phone:(281)353-9599 Fax:(281)353-2265 p Page 1 of 4 BILL TO SHIP TO Beaumont,City of,Parks and t. 409-880-3720 Mr.Jimmy Neale Sprott Park-Playground Sprott Park-Playground PO Box 3827 4324 Usan City of Beaumont Purchasing Beaumont,TX 77705 Beaumont,TX 77704 Terms: Net 30 days ,QTY Code Description Size Weight Color DISCBB Proposal Includes Discount on BuyBoard Purchase,BuyBoard Contract#592-19 Option 2 Design:KPS-26771-2 Sheet:K.1.1 Date:10.29.21 1 PS3-71103 Play Unit for ages 5 to 12 by Superior Playgrounds circus or forest 1 TFR0622XX 1 Bay,Single 5"post swing by Superior Playgrounds 1 90015108XX Belt swing seats S-02,8'galvanized chain set.Includes one pair of seats and 8'beam red,yellow, hardware for one bay,by Superior Playgrounds green,blue, black or tan 1 TFR16610XX Hurricane Spinner by Superior Playgrounds 1 SRPSURCHG Material Surcharge on Playground equipment by Superior Recreational Products Total: $52,454.66 BU'`° Kraftsman'1 Kraftsman QUOTE#Q79735 r` COMMERCIAL PLAYGROUNDS& Date:11/15/2021 KRAFISMAN WATER PARKS Project:26771 19535 Haude Road Created By:Ryan Slott /41 avo`r Spring,TX 77388 9�lSMANPIpt• Phone:(281)353-9599 Fax:(281)353-2265 Quote Name:Option 2 Page 2 of 4 Special Terms and Conditions Items not included: These items are not included: • Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. • Concrete lead walks or adjoining observation concrete deck areas. • Excavation and Drainage of area for fall surfacing. • Removal of existing fall surface materials. • Removal of existing equipment. • Storm Water Pollution Controls for project site. •Temporary security fence during construction. • Site usage signage for use instructions, rules,safety,or emergency notifications as needed or required. • Shade systems or site amenities. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Sales Tax Exempt: Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal,or sales tax will be added to final contract and invoicing for the project. Insurance Terms: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage's if required. Credit Card terms: If paying by American Express,there is a 6%processing fee charge. If paying by Visa or Master Card,there is a 4% processing fee charge. Monthly Progress Billings All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. No Bonding Included: No performance, or payment bonds, and/or maintenance bonds are included. These are available upon request at additional cost for the bonds and processing. Delivery and Unloading: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling,and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s),to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the site at the time of installation. o" K rafts m a n ° QUOTE#Q71735 COMMERCIAL PLAYGROUNDS& Date:11115/2021 KRAFTSMAN WATER PARKS Project 26771 19535 Haude Road .� Created By:Ryan Slott 1q✓ L God Spring,TX 77388 -4tsMa NP0:4 Phone:(281)363-9599 Fax:(281)363-2265 Quote Name:option 2 Page 3 of 4 Locating for Underground Utilities: • Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable,and Fiber Optics are to be staked prior to installation. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. • Customer is to locate, mark,and provide information for all privately owned utilities that are not marked by the Public Utility providers,for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical,water lines,gas lines, irrigation lines,sewer and storm lines, cable service lines,fiber optic or other IT lines,which are privately owned by the property owner. • Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical,water, irrigation,and other listed above will not be repaired by Kraftsman and will be the owner's expense and responsibility. Installation: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings,assembly of structure,concrete for footings,and all equipment necessary for installation. Project Completion: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: • Project product submittals reviewed,approved and returned. •Completed Color selection sheet(signed and dated) • Physical project address •All contact names and phone numbers • Exemption certificate • Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required,weather permitting. Lead Times: Lead Times are after approval of all Initial submittal info and colors. Superior Playground-lead time for items to ship is 5 business days for the playstructure and 20-21 weeks for the swings and spinner from when the order is placed with the manufacturer. Force Majeure: Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due)by reason of any event beyond such Party's reasonable control including but not limited to Acts of God,fire,flood, explosion,earthquake, pandemic flu,or other natural forces,governmental orders or directives,war,civil unrest, acts of terrorism,accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials,or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s)causing the failure or delay in performance and provided that the Party has not caused such event(s)to occur. Notice of a Party's failure or delay in performance due to force majeure must be given to the other Party within(20)days after its occurrence has become identified by the Party.All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute,or to act outside of compliance with governmental orders or directives.❑ Kraftsman m a n � �a�, QUOTE#Q71735 COMMERCIAL PLAYGROUNDS& Date:1111512021 KR AFT SMAN WATER PARKS Project:26771 it)AN Haude Road v� S Created By:Ryan Slott `� ` Spring,p g,TX 77388 9FrSMnNaLri' Phone:(281)353-9599 Fax:(281)353-2266 Quote Name:Option 2 Page 4 of 4 General Terms and Conditions Bill To: Ship To: Beaumont,City of, Parks and Recreation Terms: Net 30 days CONDITIONS OF SALE 1. Any alteration or deviation from above specifications Involving extra costs will be executed only upon written orders,and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized In writing by Kraftsman.All returns are subject to restocking fee of 25% plus freight charges Incurred for return to original shipment origination. 3. Title for all equipment Is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost Incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas,with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship.See catalogs or attached drawings for specific layouts,warranties,and specifications. 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5%per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4%for Visa and MasterCard,and 6%for American Express 9. Installation services include all labor,equipment required to complete the job,and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces,ie.rock,landfill,etc. Price quoted includes Kraftsman's standard insurance coverages of$2 million in General Liability&Completed operations,$1 million in Automobile Liability,$1 million per occurrence/$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional Insured,waivers of subrogation,or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman,unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks Is not liable for damages to underground utilities,and Irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities&municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not Included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days. Respectfully Submitted Date November 15,2021 Ryan Slott Acceptance of Proposal: The prices,specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate,bankruptcy or other legal proceedings,customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements,or promises are not valid unless written as part of this contract. Authorized Signature �.--� POtI.• Printed Name&Title j toLA,V Neµt- to t Ike en?4-- Date of Acceptance I I• i 9 •L/ Authorized Signature Printed Name&Title WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY&FITNESS EQUIPMENT Thank You! We Appreciate Your Business! RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase and installation of playground equipment for use by the Parks and Recreation Department at Sprott Park from Kraftsman Commercial Playgrounds & Water Parks, of Spring, Texas, in the amount of $52,454.66 through the BuyBoard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2022. - Mayor Robin Mouton - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with Brystar Contracting, Inc., for the Lift Station&WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project. BACKGROUND On March 9, 2021, by Resolution 21-055, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, for the Lift Station& WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project in the amount of$1,320,000.00. Previous Change Order Nos. 1 and 2, in the amount of$960.00, are attached for your review. Proposed Change Order No. 3, in the amount of$34,190.00, is required to change the electrical service installation at the Fire Training Ground, Hillcrest, and Oak Ridge Lift Stations from underground to overhead installation and relocate the standby generator receptacles to a location 4 ft above ground level at the Carpenter Road, Charles, Fire Training Grounds, Hillcrest Drive, Holiday, Major Drive, Martin, Oak Ridge, Tram Road, and Voth Road lift stations. A total of thirty(30) calendar days will be added to the contract for the additional work. If approved, Change Order No. 3 will result in a new contract amount of$1,355,150.00 with 417 total calendar days to complete the project. The project provides for repairs of damages caused by flooding from Tropical Storm Harvey. The Federal Emergency Management Agency(FEMA)has obligated the majority of the funds for the repair and mitigation work, with the balance paid by the City's Harvey Fund. The work proposed in Change Order No. 3, is outside of the FEMA approved scope as it is not Harvey related,but necessary to make additional repairs. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-055 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Lift Station & WWTP Repairs Tropical storm Harvey Group 4 Lift Stations Project; and, WHEREAS, Brystar Contracting, Inc., of Beaumont, Texas, submitted a bid in the amount of$1,320,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $1,320,000.00, for the Lift Station &WVVTP Repairs Tropical storm Harvey Group 4 Lift Stations Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brystar Contracting, Inc., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of March, 2021. ay r Bec Ames g../14 v;:144rg Bea' 0,::; v ,•.,,.n.r�.,,rf,. o ' :f- • • APPROVAL OF CONTRACT CHANGE . CHANGE ORDER NO.Three(3) DATE:' .,.,Jenuarii:11,'Iozz. • TOtiltEcTs City,of Reanniont,Texas .- - „ —..-• ., ....._. Pfistsipfi*VOTP:ftiio1r4 • Tropical Storm"Harvey Oroup4 lift•StatIOns• 'Bid No,A6.416014ii . • OWNER: cl hi Of ft Oa rapriti Teriat .80:11/.0.1n"5000 13eattficiiit,7f*it4s 1744 CONTRACTORS givitdt cciptt.a4irlig,Inc . . 836$theriketRoait • Beauni ant,Te0s.7 i7.05: Itiffig):*iiNtit. - Approval of the followthtfOlit*tchOfigq Is ittitietto.4. *oittF913:clMPE;,To oppgdihifel04ticol serviceliOtaltathin atlhe Fire Training Greanclf Hiticrdt and Oak Mclgel!ft stations fromi underground to OVerheaOlettallatibit7and reiocatatIrstEiniirbygepertitOetOcep.talds to a lotadon 4ft.above ground ar,t•pid.c40-0 Roi0,,ChatieWi;g7tAinlifii GroOnds,114111creit Drive,Holiday,Major Drive,Martini Oak Ridge,Tram Road and yciiii.#0.xl Ilk stations ORIGINAL CONTOA.0-Amppkr: • , t.ao,00cisitj ,• --, -.•-.---.7.:- giyitp:cilorrilki-AMOLiN).PER CHANGE ORDER No 2 $ .itIti-oto.tci • THIS-CHANGE:oRtiEfl kith 1°esit 'folk* . • • . . 2 l'eerpeOter Road Lift Station Relocate the stend4bygenerater receptacle 6'11'166i-ion 4ft above groand. -.$ 3;410.06: . . lievel.AdDf$3,449.60/LS • .= . , 3 1 chad4 StreiKtlftatatiOn•BRI0450?4:44 "diby-PriOiatot receptacle to elecatiOn4ftaboVegrOund . $i' , 3,41006:lO1.01i-$019.4bAS ' . . • . . . -6 i Fire Training-,Gromin4.1.1ft.Station,Change underground electrical service Instillation to overhead $:. *•414.0. : • . • .TleCtrical;ervitt latollatiOn.ADD$90:19/1-5..,RelpFatOthe 5t01.4144,generator receptacle to e.leWlon:4ft. • , - above ground level.,AptYsvaupii..§.- , . . , . • . , . , ..8 _ , H1100#pr,ke 0.4410-0.0i Change ondeigitand electrNaliervitelnOaliatIginto,overheaci etottOcii), . $ '..343.9.00 . service pstAlliittopd00$6.00/0.13eloo*Owiti*bit160034i.r receptacle to alOOilon#ft*iiiti: grqiiiicf 164460 0;419:004 •. ' . - . . . • . • . . .. . . . O. I Holiday Lift:Statten:?FtelOcete the:gand!by,geriaraterreteptacle to aete.catIoeAft-abOVe ground leAir, ", $ " ,.419,1002_, i4iob$i;4*tbik.$.:" -• .. ' " .•:- '. • - - '''.. '-", " ' • ". '",i.: - -'-'_'--.':-.., " • -- - • -."-: ' ' ' - - ... . , 10 - I Major bilve-fift Station Relocate theOtandbygerieratei're4enta0dIO a 10400-044-abasiegiOngle.‘iiel .$.... ,•. e'419.(1.0'•-• :. , • 0 49;($1, ..:QOAS.,'''--s ."- " ' ' - " " ' • " "-- - " " ..,' - ''.. '". '- ' " " " - -•'1 :'-'-.. -I '- . .. , . . . . . . .., 'i,: .. li - t MartIn pftAtatiO.n.1.-..4104ttelbe,sttiOd•W generatel'Oc4ii*O'..olovcatlorkqt Oicivogrotine.leveliA04,-...0. - : -: A1:::;9,.!. 40.9..opip .. . . . , .. . . „ • - - - - . - •. - ..,- - . . ' . ,. .. . . . .. . „ '-; i pottticlge,I.Oktitlei0:.016(ig0 01.40.iii9464,:010(1.01 service kegallail0 tkiN0040,0401.0.4,01,60 ..A -- - 'So;41R,O0 1,higillitiond4 p-,00.0,itqlocat-elh4tinii44109prai0 iec-,000Cleti:!"0c0)000:iti 41(iitio*:-. ': :.:,•,-.:, "--,:-,-':-, : ,' i. i ground level .03A9•!30/1.$ .16,. Tram Road Lift$tatiOn,iiielocatethe;sten4y,generater receptacle to.elecetlen4hObo0;00.andleyel,-.'-:"$. . . •441.9 00. i.Atit3$3,41t it/il -- ' " " . ' ' '. ' " '' ' ' .. ' ' ..'.'. ' ' ' : 1 ' L':'' ' ' '•. . ' ... ,0.• .10 j Voth Road Lift ttattill;.Relocate receptacle,70,iip 19#014.0:4.tt;O*0 0,004)0.4- '$ -.0;4049.: '• }-Aolj$3,4A06/0 - . -. — •' ' "' — ' '. '"' " '""''' " -.'" - :'.:' T ' '. ,._ ,: '..' ...''''' ' ' , . : Li totAvgo ,Nt00*-ps-COMOE-OAD4R: . '.$ - ...34;i9O00.. . . . , . . TOTAIJR694$1D'Opint4T:Ai1411lifttrkitipiNO tf-0.CH4p6kti;iDER: : . . . . • ,-• 4....-.-135%istoo ... . , . . • , . . , ... . .P.EKENTOF.T'HtsPIARG6,90IER ,- .- . v.dowemeNt00%NpEORDRtr DATE . . • - '.-• -gi009'•S -;• • , ..., _ . _....t - , .. • tOm*Actliivit .....,..— ..,... .•, , . ... . . .. ., original Contract lime: • 2• • , - . ,,21,P.ealenAat:day; ROVIsedCOntti.44 time POFPreVlOti$.0a060„.0(400 . .' • 30-ccii.004r:tfilv-.•, -. . Addi006011.it ,*04re-Otbit' hingei2rderi- ..: . . . . . . --'....1.in';:ideiafit.Hay 'iiev4040.qr4471mci.pfirrif4C*ge0Oet. . . •;,41.7:-Celeroui..#q;,..•.. = - - .. • .., ...,. .. . , . . .. . , , . ,•,- , . .... ,, . -, , - •• • . . . ••.., . , . , . . ,, , •. i • • CONDITION pFCHANGE: 'Contractor acknowledges andg.gr-OqVipt•tte adjustments in contract price and contract time stipulated in this Change Order represents full compensation fc.ty.all increases and decreases In t6e.post of,and the time required to perform the:entlitWoik.Ander the Contract arising dltettlY or IndirectlYltoln this-Chit*Order and all tireArint Change Orders Acceptance of thlt-Vialver cOnStittitesaitagreententbabfieen Owner and C4ntraCtor that the'Charige Order represents an all Inclusive, mutually agreed op o the Contract, nd that Contractor will waive rights to file a claim on this Chahgenrclarafter It is properly eiteCdted.4 A ot.ec! .%Reviewed by: by),x, 7 AA . „ _k_i BrystocontraitingA c -B.rt articoiklak Contractor City Engineer ;p1ribt of kiblICWOrits • and technology tenitces paw.,,4/4. nate:CD/C9.51/-Qt-ASs .Date: 2 - - 'Z- . ncle : Approveri.by: . Attatted •• Schtatitlitirt .0 Tina OrpoSsold' • - 4.41000 0 r)h :c.11.‘4Maria89r 'OtY 00k • • • • • • • • • • • APPROVAL OF CONTRACT CHANGE • I CHANGE ORDER No.twoIZI DATE: December.9;2021". • PROJECT: i City of Beaumont,Texas. Lift &WWTP Repairs Tropical Storm Harvey ., • Group 4lift Stations . • ,.Bd NoW10210 • 1. OWNER: City.of Beaumont,Texas i 1 801 Main Street ? Beaumont,Texas 77704 t C.if'. CONTRACTOR: I BrystarContracting,Inc: 8385.Chemical Road • Beaumont,Texas 77795 •' TO THE O Approval o the e foowng contracth I cange s NER: requested. REASON F dR CHANGE Tel remove and replace the control panels end all electrical appurtenances on the existing senAcepole at the Pine FlavenF,j and Forest Glen lift stations,Including deleting the installation of the proposed elevated platform and foundation;guard fence end 18"dia:HDPE: driveway.p[pe. itI:a is ORIGINAL-,CONTRACT'AMOUNT: 'S 2 320 000 00, REVISED C' NTRACT AMOUNT_PER CHAHGE ORDER No.1 $ ' 1322 337 OQI. THIS CHANGE ORDER 1 i "Item :Dnxrrl ' 1 • l it '7 Forest Glen lift Station(FEMA Project 111R484)Delete the Installation of the proposed elevated platform $ (782.00)•; end founbetion,guard fence and 18"dia HOPE driveway pipe,and provide for:furnishing and Installing the ul new site blectricel Improvements on ex •the isting service pole,DEDUCT$782 00/lS ! tl �,1 13 _ Pine Haven lift Station(FEMA Project g13502) Delete the Installation of the proposed elevated platform $ (595 Oo) and foundation,guard fence and 18"dia HDPE driveway pipe;end provide for furnishing and installing the I[ new siteelectrlcal Improvements on the exlsting service pole DEDUC_i$595.00•/LS • TOTAL NT AM UOFTHISCHANGEORDER: $ (1,977,0�) ' TOTALREVSEEDCONTRA&AMOUNTINCLUD! GTHISCHANGE•C+RDERt - - y N �h 19209(Dp0!' :• PERCEryrop ik CHANT+ ORDER " .O SOSS TOTAL PERcENTCIIANGEORDERTODATE • • 0,0 CONTiiACTffTIME , Original Contract Tim.i: l i 210`calendardays, �`I • .. :Additional Contract Time per Previous ChangeOrders: _ - -'0,calenda'r days . ',d . Additional;Contractllmeperthis�ChangeOrders • - l t } 'f` r • Time suspended from,Ma i 3,2021 to August 11 2021. : 90 calendar days , ,, Additional Imo`due delayllin platform delivery ( '.27 calendar days j t • Additional-I[ne to complete wprk at P1w.Haven and Forest 1 `60 caiendardays .',j `Additional me•required his Change Order: 177.calendardays c{;; ` '+ 'Rev(ed ContractTin:e a this Giant e'Order r 1; nt r l,r P g I @7 t481egdatdeyE . I a .- :CONDITIONOFCHANGE: . i ' + . °contractor acknowledges and agreessthat the adjustments in contract price and contract time stipulated In,tJ�s Cha}nge Order represents fe l� compensation for oil Increases and decreases In the cost of,and the time,required to perform the.entire work underthe Contract arising direct'yyr ';or indif ctl:from this Change Order and ell previous,Change Orders Acceptance of this'waiver?constitutes an agreement bet veer+Owner arld " .Contractor that tf to change Order represents eq all inclusive mutually agreed upon adjustment to,the tract,and th. ri'rra4torwill Maws allf • rights tofil a,da on,thlIs Change Orde(efter It is properlyexecuted e'_ •-, p, /j I:it teob : i Reviewed•by Flevl ' n- . BrystarC •Arnalla Villarreal,P E t • a 'ertkowlak t i r. ' �� i Q . contractor I ` • City Engineer ' -- Dlrector of Public Wdrks gym" MOA f;�d)p 2.i i • and TeEehnologyServlOg '' X , �+�• a R' Data i' 4 1 '..- I6t .16�c �/2 ' 3� Dale- - / I !�. t � !“-47. } �f • eco en I Approved byq Att s =d by /ti , , ;;}��•�:�,,-e : ', '..�(f1� ro YDIt SEheumbur Si ,ioe.� Kyle Hoye • T Orousse '!'P.!n.' 'h�'' / ' _Engineer `, Z; city Manage! Clty'Clerk �, ,� bate { n Dale 7Z ZQ Z._! Date: ®I '.�. T ^()aR + - lt3iy b r , .• s�i i rDt I . APPROVAL OF CONTRAcT CHANGE • CHANGE ORDER Na.One(11 DATE . October 7,2021 • PROJECT: City of Beaumont,Texas Lift Station.14 WWTP Repairs Tropical Storm Harvey Group 4114 Stations Bid No.W00121-10 OWNER: City of Beaumont,Texas ' 801 Main:Street Beaumont,Texas 77704 CONTRACTOR: Brystar.Contracting,Inc. .8385 Chemical Road Beaumont;Texas77705 TO THE OWNER: Approval of the following contract change Is requested. Reason for Change: To delete four 16"dia.X 8ft RC footings and.Install a 91x 7lx14"spread footing for the Fire Training Grounds lift station platform ORIGINAL CONTRACTAMOUNT: $ 1,320,000.00 THIS CHANGE ORDER j e� Description 6 Fire Training Gounds LS.Delete four 16"dia.X8ft RC footigs arid:install a 9'x7')I14°spread footing.ADD $ 2,337.00 $2,337.o0/Lump Sum TOTAL AMOUNT OF THIS CHANGE ORDER: $ 2,337.00 TOTAL REVISED CONTRACTAIVIOUNT INCLUDING THIS CHANGE ORDER: S __ 1.322;337.00 CONTRACT TIME • Original:Contract Time: 210 calendar days Additlona'Ime required MIS Change Order 0 calendar days Revised Contract Time per this Change Order 210 calenda r 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 re4uiredtoperform the entire.work under the Contract arising directly or,Indirectly;from this Change Order end 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 ell rights to We a.elalm on this change Order after It Li properiyexecuted / Accep ed by: i Reviewed by: Re %41,4,1'1.\...D.A .th.jotjult .. ./; fl . B or. Tact :Inc' Amelia Villareal;P.E. :-it BartkoW ak- Contras or City Engineer Director of.Public Works [• and Technologyservic�ess Date:10.7.2 1 , ; Date:I D I Q p) Da I Date: id k`� it Recom end q;• ' Approved by: A stedly: 10 L........ , c___ a_ 0,0004(9 Schaumburg: (ilk,Inc; �' Kyle Hayes Tina Broussard"" . Engineer City Manager ! / t`` �t Dole: ' Date; /O—/! 'Z i �` f%`�,l'CC- . 0 g.• .... ,..iiii. 1 j -“,-"•,A$ .1....rioar,m_ 1h 6) .1 RESOLUTION NO. WHEREAS, on March 9, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-055 awarding a contract in the amount of $1,320,000.00 to Brystar Contracting, Inc., of Beaumont, Texas, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project; and, WHEREAS, on October 8, 2021, the City Manager executed Change Order No. 1, in the amount of$2,337.00, to delete four 16"x8' RC footings and install a 9'x7'x14"spread footing for the Fire Training Grounds lift station platform, thereby increasing the total contract amount to $1,322,337.00; and, WHEREAS, on December 20, 2021, the City Manager executed Change Order No. 2, in the amount of ($1,377.00), to remove and replace the control panels and all electrical appurtenances on the existing service pole at the Pine Haven and Forest Glen lift stations, including deleting the installation of the proposed elevated platform and foundation, guard fence and 18" diameter HDPE driveway pipe, thereby decreasing the total contract amount to $1,320,960.00; and, WHEREAS, Change Order No. 3, in the amount of $34,190.00, is required to change the electrical service installation at the Fire Training Ground, Hillcrest, and Oak Ridge Lift Stations from underground to overhead installation and relocate the standby generator receptacles to a location 4 ft above ground level at the Carpenter Road, Charles, Fire Training Grounds, Hillcrest Drive, Holiday, Major Drive, Martin, Oak Ridge, Tram Road, and Voth Road lift stations, thereby increasing the total contract amount to $1,355,150.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of $34,190.00, for the additional work described above, thereby increasing the total contact amount to $1,355,150.00 for the Lift Station &WWTP Repairs Tropical Storm Harvey Group 4 Lift Station 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 1st day of March, 2022. - Mayor Robin Mouton - D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 9 to the contract with McInnis Construction Inc. for Tyrrell Park Visitor Center parking lot improvements. BACKGROUND On May 12, 2020, by Resolution No. 20-099, City Council awarded a contract to McInnis Construction, Inc., of Silsbee,Texas, in the amount of$1,505,600.00 for the Adaptive Restoration of the Tyrrell Park Visitors' Center. Previous Change Order Nos. 1-8,in the net amount of($169,170.70), are attached for your review. The contract includes a Contingency Allowance of$100,000.00. Change Orders No. 1- 7 were deducted from the Contingency Allowance thereby exhausting the Allowance and the remaining balance of Change Order No.7, in the amount of ($43,494.28) was funded by the Capital Improvement Fund. Change Order No. 8, in the amount of ($25,676.42) was approved by Council Resolution No. 21-332 and was funded in the Capital Program. Proposed Change Order No. 9, in the amount of$10,151.68, is required for the asphalt paving material overrun. This change order is necessary to adjust the estimated asphalt quantities to match the quantities actually used on the project. If approved, Change Order No. 9 will result in an increase to the current contract thereby resulting in a total revised contract amount of $1,584,922.38. This project provides for an improved parking lot and driveway entrance and exit to the facility and completes the previous improvements to the road through the park. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. 1 i OYMEWSCtPY owk, ' A%1%, Document 0701 - 2017 Change Order PROJECT:(Waste and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:General Construction Change Order Number;001 Vistor's Center Tyrrell Park .3930 Babe Zaharis Dr Beaumont,TX 7770$ Date:$/26/20 Date: 10/20/20 OWNER;Nano and address) ARCHITECT:(Warne and address) CONTRACTOR:(Name and address) City of Beaumont Architectural Alliance,Inc. 1Mlclnpis.Construction,Inc. 801 Main St.,Suite 315 350 Pine St.,Suite 7.50 675 S 4th Beaumont,TX 77701 Beaumont,TX 77701 Silsbee,TX 77656 THE CONTRACT it CHANGED AS.FOLLOWS: (Insert a.detaileddescription of the change°nnrl,i'laphlii‘able,attach or reference specif ic,.exhibits..ellso include agreed upon adjustments attributable to executed Construction Change Directives) By this change order,reduce$1.00,000.00 contingency by S13,l 10,00. Balance•in contengency is:Sfi6,S90.00 See attached documents. The original Contract Sum was $ 1;505,606.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1,505;000.0.0. The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ I,505,600.GO The:Contract Time will be increased by Zerp(0)days. The new date of Substantial Completion-will be NOTE:This Chatlge Order does not include adjustments to the-Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed.upou by both the Other and Contractor,in which case,a Change Order is executed to supersede the Construction Change Directive. -NOT VALID UNTIL-SIGNED BY THE ARCHITECT;CONTRACTOR AND OWNER. Architectural Allian c. McInnis Construction City of Beaumont ARCHITE (Fitt man• CONT. . hint name) OWNER• kin natal( ATURE l SIGNAT RE SIGNATURE 1,J.Rob Clark,ALA:VP Kyle Kelle - Project Manager ky is i e, , ' Ay. PRINTED NAME AND TITLE PRINTED NAME ND TITLE PRINTED NAMt AND TITLE TO a, t`) -- (0 10/20/2020 /0-Z 3-2.4) DATE DATE DATE AK Docutnont G701"—2017.Copyrighl.0 1979,1987,2000.,2001 and 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,"the AIA Logo,and'AM Contract Documents'are registered trademarks and may notbe'used wilhoUt pemiisslon,This document 1 Via s produced by AiA software at 17:10:17-ET on 10120/2Q20 under OrderNc0001629194 which expires on 09/1012021,Is not for resate,Is licensed for one=time use only,and may only be used In accordance with the AiA Contract Documenls4 Terms of Service.To report copyright violations,e-mall copyrightaala,org. User Notes: (3B9ADA39) r. vatagEntatia ilk i y MdNNas CONSTRUCTION. 1 NC., Change Order PROJECT: CHANGE ORDER NUMBER: 1 OWNER LEI Adaptive Restoration Vistor's Center Tyrrell Park DATE: 10/20/2020 ARCHITECT 3930 Babe Zaharias Dr Beaumont TX 77705 ARCHITECT'S PROJECT NO: 1852 CONTRACTOR El Architectural Alliance INC TO CONTRACTOR: 350 Pine St Suite 720 FIELD ❑ McInnis Construction INC Beaumont TX 77701 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER ❑ Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO ADD THE FOLLOWING For MCI to furnish and install approximaty 50 laminated mats to install around the building for Asbestos Removal Company equipment 50 Mats/30 days/@$95.00/month per mat $ 4,750.00 Additional time and equipment to place and remove mats $ 1,350.00 Trucking of additional mats(2 loads in and out) Subtotal -$ 7,300.00 10%Overhead/Profit $ - AMOUNT TO BE DEDUCTED FROM CONTINGENCY Total $ 7,300.00 BALANCE OF CONTINGENCY $92,700 The original _ z..,:Contract-Sum __ was $ $1,505,600.00 The net change by previously authorized Change Orders $ _.. The Contract.Sum. prior to this Change Order was $ $1,505,600.00 The Contract Sum will be unchanged by this Change Order in the amount of $ $0.00 The new _ .:—Contract Sum including this Change Order will be $ $1,505,600.00 The Contract Time will be by ( )days The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. McInnis Construction ...._ ARCHITECT(Firm name) CONTRACTOR(Flan name) - OWNER(Film name) 675 S 4th St Silsbee TX _...— _ ADDRESS ADDRESS ADDRESS f BY(Signature) BY Signare) BY(Signature) Kyle Kelley Typed name Typed name ' Typed name _ . __. _10/20/2020,. DATE DATE DATE ,� :asp �,,cF;i t4`s Change Order ' CIN.NIS CONSTRUCTION. INC. PROJECT: CHANGE ORDER NUMBER: 2 OWNER El Adaptive Restoration Vistor's Center Tyrrell Park DATE: 10/20/2020 ARCHITECT 2 3930 Babe Zaharias Dr Beaumont TX 77705 ARCHITECTS PROJECT NO: 1852 CONTRACTOR ❑ Architectural Alliance INC TO CONTRACTOR: 350 Pine St Suite 720 FIELD ❑ McInnis Construction INC Beaumont TX 7770] 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER 0 Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO ADD THE FOLLOWING Framing and Shoring of Roof Deck for safety of Asbestos Removal Approximately 2251f of 2x6 wall framing throughout building to support roof as well as any additional truss support as identified prior to roof removal Estimating approximately 4 days to install 2 days to remove $. 8,950.00 Subtotal '$ 8,950.00"- 10%Overhead/Profit _$ - AMOUNT TO BE DEDUCTED FROM CONTINGENCY Total $ 8,950 00 BALANCE OF CONTINGENCY $83,750 The original Contract Sum was $ ... S.1,505,600.00_ l The net change by previously authorized Change Orders $ $0.00 The Contract Sum . _ prior to this Change Order was $ -:: $1,505,600.00 The Contract Sum will be unchanged_by this Change Order in the amount of $ $0.00 The new Contract Sum including this Change Order will be $ $1,505,60..0.00., The Contract Time will be by ( )days The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. .....:..':.. -- Mclnnis Construction ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 675 S 4th St Silsbee TX ADDRESS ADDRESS ADDRESS BY(Signature) BY(Signure) BY(Signature) Kyle Kelley Typed-name Typed name Typed name 10/20/2020 DATE DATE DATE 1022=11,, Win ;•r Ord:.' _. . WEISIEDYa4s UMW ICZUMBMSOM `•— wow ... Imam= Change Order MCINNIIS CONSTRUCTION, INC. PROJECT: CHANGE ORDER NUMBER: 4 OWNER Adaptive Restoration Vistor's Center Tyrrell Park DATE: 10/20/2020 ARCHITECT Q 3930 Babe Zaharias Dr ARCHITECT'S PROJECT NO: 1852 CONTRACTOR El Architectural Alliance INC TO CONTRACTOR: 350 Pine St Suite 720 FIELD ❑ McInnis Construction INC Beaumont TX 77701 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER ❑ Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO DEDUCT THE FOLLOWING Removal of contaminated debris on floor and roofing materials down to deck $ (3,140.00) Credit also includes 1 trash dumpster Subtotal $ (3,140.00) 10%Overhead/Profit $ - AMOUNT TO BE DEDUCTED FROM CONTINGENCY Total $ (3,140.00) BALANCE OF CONTINGENCY $86,890 The original .. .... Contract Sinn was $ $1,505,600.00 The net change by previously authorized Change Orders $ _ .___ _:_=$0 00. The Contract Sum prior to this Change Order was $ $1,505,600.00 The Contract Sum will be . unchanged by this Change Order in the amount of $ . _ _ . $0.00 The new _ Contract.Sum . .. , including this Change Order will be $ $1,505,600.00 The Contract Time will be by ( )days The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. W McInnis Construction ARCHITECT(Firm name) CONTRACTOR(Finn name) OWNER(Firm name) 675 S 4th St Silsbee TX ADDRESS ADDRESS ADDRESS _ _ BY(Signature) B (Sign ure) BY(Signature) _Kyle.KeIIey ___.. ..._..._.._.. Typed name Typed name — Typed name 10/20/2020 DATE - . _ DATE.. DATE 7 1 -_ - i' 1 ' ' r.rr�Document G70f2017 OWNER'S C Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:General Construction Change Order Number:002 Vistor's Center Tyrrell Park 3930 Babe Zaltaris Dr Beaumont,TX 77705 Date:5/26/20 Date:0,1/19/21 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Naive and address) City of Beaumont Architectural Alliance,inc. McInnis Construction,inc. 801 Main St.,Suite 315 350 Pine St.,Suite 750 675 S 4°i Beauniont,TX 77701 Beaumont,TX 77701 Silsbee,TX 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibits.Also include agreed upon arijustmeats attributable to executed C'onstr uctioa Change Directives) es) / / By this change order,reduce$86,890.00 contingency balance by$6,132.00. Balance in contengency is$80,758.00 (Derno and pour back 511 square feet of concrete slab x$12.00 per square foot=$6,132.00) The original Contract.Sum was $ . 1,505,600.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1,505,600.00 t The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 1,505,600.00 The Contract Time will be increased by Zero(0)days. The new date of Substantial Completion will be NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Al! n1 i ,inc, .____ _ _McInnis Con i e n City of Beaumont ARCHITE if m n Ire CO 'i T (af r re) OWNER(n name) • •- • . L. . ryl. ATURE SIG E SIGNATURE J.Rob Clark;AiA,VP y r t ►ve\ K /L #c e f r C:f5 _ y PRINTED ME AND TITLE PRINTED NAME AND TITLE PRINTED NA AND TITLE J 15 2a Z l P-zo zoa j 9.!- 21 DA DATE DATE • AIA Document S701"—.2017.Copyright©1979,1967,2000.,2001 and 2017 by The American institute of Architects.All rights reserved.The`American Institute of Architects.''NA;111e AlA Logo,and`AlA Contract Documents"are registered trademarks and May not he'used without pern Issien.This document .1 was produced by AIA software at 09:23:20 ET on 01/19/2021 under Order No.0001629194 which expires on 09/10/2021,is not for resale,is licensed for one-lime use only,and may only be used In accordance with the AIA Contract Documents 5 Terms of Service.To report copyright violations,e-mail copyrighi@ala.org. User Notes: (3B9ADA41) onors Cop 04 { =:gib , k Document G701 -- 2017 • Change Order • • PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:General Construction Change Order Number:003 Vistor's Center Tyrrell Park 3930 Babe Zaharis Dr Beaumont,TX 77705 Date:5/26/20 Date:03/30/202I OWNER:(None and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Beaumont Architectural Alliance,Inc. Mcinnis Construction,Inc. 801 Main St.,Suite 315 350 Pine St.,Suite 750 675 S 4th Beaumont,TX 77701 • Beaumont,TX 77701 Silsbee,TX 77656 • THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibits.Also include agreed gum adjustments attributable to ermined Construction Change Directives) REQUEST TO ADD THE FOLLOWING HVAC CHANGES FROM SALTS OBRIEN,SWITHCiNG FROM 3 PHASE TO SINGLE PHASE $ 3,741.00 Subtotal $ 3,741.00 AMOUNT TO BE DEDCUTED FROM CONTINGENCY 10%Overhead/Profit / Total $ 3,741.00 l By this change order,reduce$80,758.00 contingency balance by$3,741.00. Balance in contengency is$77,017.00 The original Contract Sum was $ 1,505,600.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1,505,606.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ . ..1,505,600.00 The Contract Time will be increased by Sixty(60)days. The new date of Substantial Completion will be NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the:Cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural; inc' McIimis Coast coon • Citk of Beaumont ARCHITerreir F.tir name) 04IER(Firm rl( .___- GNA R - G .TU SIGNATURE PRINTED NAME AND TITLE PRI D NAME AND TLE • PRINTED NAM AND TITLE 30 -249 2Zbz/ If- l - Z.I DATE DATE DATE AIA Document G701"—2017.Copyright 01979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The`American 11140111%ofArchltects,""AIA,"the AlA logo,and'AIA Contract Documents'are registered trademarks and may not be used without peimlasion.This document was produced by AIA software at 12:01:37 ET on 03./29/2021 under Order No.0001629194 which expires on 0911012021,is not for resale,is licensed for onetime use only,and may only be used in accordance with the AIA Contract Dacumentse Terms of Service.To report copyright violations,e-mail capyright@aia.arg, User Notes: (309ADA42) c��zt-r /--,. E--: ;. tT -�.-Tr ,/ (r ti l ,,,.. ,v? ati - Change Change Order lad HMS CONSTRUCT ION. (1NCo PROJECT: CHANGE ORDER NUMBER: El Adaptive Restoration OWNER Vistor's Center Tyrrell Park DATE: 3/26/2021 ARCHITECT El 3930 Babe Zaharias Dr ARCHITECT'S PROJECT NO: CONTRACTOR El TO CONTRACTOR: McInnis Constniction INC FIELD 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER El Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO ADD THE FOLLOWING HVAC CHANGES FROM SALTS OBRIEN,SWITHCING FROM 3 PHASE TO SINGLE PHASE $ 3,741.00 Subtotal $ 3,741.00 AMOUNT TO BE DEDCUTED FROM CONTINGENCY 10%Overhead/Profit Total $ 3,741.00 The original Contract Sum was S S1,505,600.00 The net change by previously authorized Change Orders S $0.00 The Contract Sum prior to this Change Order was $ $1,505,600.00 The Contract Sum. will be increased .. by this Change Order in l the amount of S $0.00 The new Contract Stun including this Change Order will he $ S1,505;600.00 The Contract Time will be increased by 60 ( )days The date of Substantial Completion as of the date of this Change Order therefore is Signature not required . NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. McInnis Construction __ ARCHITECT(Fimi name) CONTRACTOR(Firm name) OWNER(Finn name) 675 S 4th St Silsbee TX . ADDRESS ADDRESS ADDRESS L C BY(Signature) 8Y( tgnaw ) HY(Signature)Kyle Kelley �i7 It �71 yt !!� �: Art Typed name Typed name Typed�name' • / J . 3/26/2021 II- 1-„a 1 .. .. DATE ' • DATE DATE `_. Document OYfUERS COPYnro 2017 ATT4 A I t , Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:General Construction . Change Order Number:004 ,/ Vistor's Center Tyrrell Park 393013abp Zaltaris Dr Beaumont,TX 77705 Date:5/26/20 Date:03/30/2021 OWNER:(Name and address) ARCHITECT:(Name find address) CONTRACTOR:(Name and address) City of Beaumont Architectural Alliance,inc. McLmis Construction,Inc. 801 Main St.,Suite 315 350 Pine St,Suite 750 675 S 4'11 Beaumont,TX 77701 Beaumont,TX 77701 Silsbee,TX 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable;attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Co»s:rnclio»Change Directives.) REQUEST TO ADD THE FOLLOWING DEDUCT I/T RACK(INFINITY CONNECTIONS) S (700.00) SUBSTITUTE R30 CLOSED CELL FOR R30 OPEN CELL $(9,500.00) Subtotal S(10,200.00) AMOUNT TO CREDIT CONTINGENCY 10%Overhead/Profit $ Total S(10,200.00)t . By this change order,increase S77,017.00 contingency balance by SI0,200.00. Balance in contengency is$87,217.00 - The original Contract Sum was $ 1,505,600.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1;505;600:00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order Will be $ 1,505,600.00 The Contract Time will be unchanged by ( )days. . The new date of Substantial Completion will be NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the.Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. . Architectu Ince,Inc. . .. McInnis_Construction City of Beaumont . . . t;NIEC (�� » art CO TR rm name) OWNE�(Firm nacre ,6 • l L...._ - S . ATURE-- G RE ' - SIGNATURE J.Rob.Clark,ALA,VP YtF ' i�71.r=c 4t 1�Pin /L J/ .[� L:i py . PRINTED NAME AND TITLE PRINTED NAME AND TITLE *PRINTED NAM AN6TITLE 7 J ,. e3 . 6 2 t, 2- \ 3 P i/-I- a l DATE • DATE DATE - • AtA Document a70i"—2017.Copyright O 1979,1987.2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Aichitects,"AJA. tie AtA Logo,and`AMA Contract Documents'are registered trademarks and may not he used without permission.Thiss document 4 was produced by AIA software at 11:60:02 ET on 0 313 0/2 02 1 under Order No.0001629194 which expires on 09/10/2021,is not for resale,is licensed torone-time use only,and may only be used anaccordance with the AKA Contract Documents£Terms of Service.To report copyright violations,a-mail oopyright@ala.org. User Notes: (3B9ADA3B) fit 101111111111111111111111M MEW es11V 11111M11111111111111 Change Order MCINNIS CONSTRUCTION, INC. . ... .. . : : . . . .: . . ... . PROJECT: CHANGE ORDER NUMBER: O M IER Adaptive Restoration Vistor's Center Tyrrell Park DATE: 3/30/2021 ARCHITECT ❑✓ 3930 Babe Zatlarias Dr ARCHITECT'S PROJECT Nth CONTRACTOR 10 TO CONTRACTOR: FIELD ❑ McInnis Construction INC 675 S 4th St CONTRACT DATE: 5/26/2020 Silsbee Tx OTHER ❑ CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO ADD THE FOLLOWING DEDUCT PT RACK(INFINITY CONNECTIONS) $ (700.00) SUBSTITUTE R30 CLOSED CELL FOR R30 OPEN CELL $ (9,500.00):: Subtotal $(10,200.00) AMOUNT TO BE CREDIT CONTINOECY 10%Overhead/Profit $ - Total $(10,200.00) The original Contract Sum was $ $1,505,600.00 The net change by previously authorized Change Orders $ $0.00 The Contract Sum prior to this Change Order was $ $1,505,600.00 The Contract Sum will be increased by this Change Order in the amount of $ $0.00 The new Contract Sum including this Change Order will be $ $1,505,600.00 The Contract Time will be by ( )days The date.of Substantial Completion as of the date of this Change Order therefore is Signature not required NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. McInnis Construction ARCHITECT(Firm name) CONTRACTOR(Firm name) . OWNER(Firm name) 675.S.4th St Silsbee,TX,. ADDRESS ADDRESS ADDRESS BY(Signature) BY(Signature) BY(Signature) Kyle Kelley Typed name Typed name ' Typed name DATE ' DATE DATE 1 11085 Eastex Fwy,St B BEAUMONT,TX 77708 US E! ./jiiijj) n +14098600333 Samantha@infinityci.com connections ADDRESS Quote•3.3366.02- : - • Kyle Kelly McInnis Construction II.._-•_- -_---.-__--- _--_•.- _-.___._ McInnis Construction �ATE-.O4/27,7420• , - I McInnis Construction 675 South 4th Street Silsbee,TX 77656A _ . . • _= • ACTIVITY ;QTY AMOUNT . • I Sales 12,805.00 TYRRELL PARK VISITOR CENTER INSTALLATION OF 1 CAT6 NETWORK DROP FOR IP CAMERA INSTALLATION OF 6 CAT6 NETWORK DROPS FOR ACCESS POINTS INSTALLATION OF 2 CAT6 PHONE DROPS FOR FAX LINES INSTALLATION OF 25 CAT6 NETWORK DROPS FOR WORKSTATIONS INSTALLATION OF 7 HDMI CABLING FROM HIGH TO LOW LOCATIONS INSTALLATION OF 2 CAT6 PHONE DROPS FOR FIRE ALARM CON 1'ROL PANEL INSTALLATION OF 3FT WALL MOUNT NETWORK CABINET MAthRIALS: 9000 FT BELDEN CAT6 PLENUM BLUE 6P4P24-BL-P-BED- APIBDN-CE 9 BELDEN 2 PORT FACEPLATE AX104197 8 BELDEN 2 PORT FACEPLAI•P,AX104197 2 BELDEN 2RMU FIBER PANEL ECX-02U 2 BELDEN 48 PORT PATCH PANEL AX103255 34 BELDEN CAT6 JACKS RV6MJKUxx 1 GROUND BUSS BAR 10622-010 1 VELCRO 189645 1 B-LINE CABINET 36X24X25 VLWM3625SB• 1 B-LINE CABINET FAN KIT VLWMFKB - FAX: 866-796-0592 www.i n fi nityc onnectionsinc.com 777 - — ---- _ — — - -- - ,-r...- ' ter; T..:.,.....,— 7-7 r THE FOLLOWING MATERIALS ARE OFCI: HORIZONTAL WIRE MANAGEMENT THE FOLLOWING MATERIALS ARE OFOI: SWITCHES UPS PDU ACCESS POINTS FIBER JUMER CABI,FS PATCH CABLES GBICS ADDENDUM'S 1-5 HAVE BEEN REVIEWED Sales -700.00 CHANGE ORDER FOR RACK SWAP CREDIT FOR THE FOLLOWING: (-$1400) 1 B-LINE CABINET 36X24X25 VLWM3625SB 1 B-LINE CABINET FAN KIT VLWMFKB PROVIDE AND INSTALL THE FOLLOWING: (+$700) 1 B-LINE 2 PORT 7FT RELAY RACK SB556084XUFB 1 B-LINE WALL TO RACK LADDER KIT BLRW250-12B Thank you for allowing us to quote this project. IOTA 12-105 00} Accepted By Accepted Date FAX: 866-796-0592 www.infi nityconnectionsinc.com . , .. i 0 miners Copy Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:General Construction Change Order Number 005 • Visitor Center Tyrrell Park 3930 Babe Zaharis Dr Beaumont,TX 77705 Date:5/26/20 Date:07/28/21 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Beaumont Architectural Alliance,Inc. McInnis Construction,Inc. 801 Main St.,Suite 315 350 Pine St.,Suite 750 675 S 4th Beaumont,TX 77701 Beaumont,TX 77701 Silsbee,TX 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and if applicable,attach or reference specific er/ribits.Also include agreed upon adjustments attributable to executed Construction Change Directives) Request to add the following; Relocate electrical service entry to new built rack $6;400.00 Pour concrete landing pad around new service(6'X 8') $1,500.00 Tile flooring in restrooms $8,829.40 Tile flooring in hospitality room 107 S 1,802.85 Deduct floor scaler @ S 1.00/SF S(580.00) $50/bag allowance for floor prep @ 50 bags $2,500.00 3-4 week lead tune on materials as of 6/28/21 1 Total: $20,452.25 . By this change order,reduce S87,217.00 contingency balance by$20,452.25. Balance in contengency is S66,764.75 The original Contract Sum was $ __ 1,505,600.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1,505,600.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00. The new Contract Sum including this Change Order will be $ 1,505,600.00 • The Contract Time will be increased by thirty(30)days. The new date of Substantial Completion will be NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alli.it.e,Inc. Mciuni 'one action • City of Beaumont ARCHIT T( rill'It to CON ( nr Yit r OWNS (Firm mt te) ,. ti SI ATURE • • S _N • •, SIGNATURE• J.Rob Clar•,AIA,VP Tit .K I e_ 11-1, "S . Z'LI /f (1. PRINTED ME AND LE PRINTED N E AND TITLE PRATED NAME 11ND TITLE J DATE DATE DATE AIA Document G701"—2017.Copyright®1979,1987,2000,2061 and 2017 by The American Institute of Architects.All rights reserved.The'American institute of Architects;'AlA,'the AIA Logo,end"MA Contract Documents'ore registered tradenmarks and may not be used without perrnlssion,This document i was produced by AIA software at 17:13.24 ET on 07128/2021 under Order No.0001629194 which expires on 09110/2021,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsE Terms of Service.To report copyright violations,a-mail copyright@aia:org. User Notes: (3B9ADA49) L -' ,� 1,:. 9 Y t u7...q masrl, f ?r" 1 4M . Change OrderCINNIIS CONSTRUCTION. 0NC. i PROJECT: CHANGE ORDER NUMBER: OWNER Adaptive Restoration El Vistor's Center Tyrrell Park DATE: 7/20/2021 ARCHITECT 0 3930 Babe Zaharias Dr ARCHITECT'S PROJECT NO: CONTRACTOR El TO CONTRACTOR: McInnis Construction INC FIELD ❑ 675 S 4th St CONTRACT DATE: 5/26/2020 Silsbee Tx OTHER ❑ CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO ADD THE FOLLOWING RELOCATE ELECTRICAL SERVICE ENTRY TO NEW BUILT RACK $ 6,400.00 POUR CONCRETE'LANDING PAD AROUND NEW SERVICE $ 1,500.00 (6'X8') Subtotal $ 7,900.00 10%Overhead/Profit $ AMOUNT TO BE DEDCUTED FROM CONTINGEC`.Total $ 7,900.00 The original Contract Sum was $ $1,505,600.00 The net change by previously authorized Change Orders $ $0.00 The Contract Sum prior to this Change Order was $ $1,505,600.00 The Contract Sum will be increased by this Change Order in ( the amount of $ $0.00 The new Contract Sum including this Change Order will be $ $1,505,600.00 The Contract Time will be by ( )days The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. McInnis Construction ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 675 S 4th St Silsbee TX ADDRESS ADDRESS ADDRESS BY(Signature) BY(Signature) BY(Signature) Kyle Kelley Typed name Typed name Typed name DATE DATE DATE PROPOSAL/CONTRACT Date; 711.6/2.1. ,, Projec•t# T.v• , yell _ • Efectricaj Sp cialties,'Inc, CREDIT T E1 MS NET 30 DAYS • ' _ Invoices are su Jett to a finance"charge of i,8%par month,annual,rate.of 18°/a• • _ .. I5$Q`LangI1aI11.Rd= . • .on:ail balances•over'•30,daysr .. Beaumont,TexaS 77.707 .. • •Any and all retamape vdunepaldaithin 3a daye_from the completion of Phone(409)860 5211 Fax(4.c9)860.5651 ; electrical work.. . TDLR#1'7109 • ESI i!Ali abide.by+th a Iles)previsions_of Chapter 53 of the Code of the t. State•of Texas.' , Tlte.undersigned,purchaser hereby.agrees:to pay.attorney's fees incurred by . unpaid b. ESI to collect glances: • Regulated by the.Texas.DLR. P'D Box '121`5.T Austin, 'texas 78711 . •{800)8t13-.920 •1 512)463-6599 • • . • - : • Wlv1:'.Ircetice tale.fX4q/comp ain.ts: - • • Work performed for: City.of'Beaumo:nt TyrrehLPark:.C;O..Servlce..Rack • • Provide rack-forservice eguipment;'secondaryfeeders, and Iabor;Rack to begalvaniied and mounted to slab provided-by others. • Base Bid:.$6,400.00 Misc.Materials: 2,415.60 Labor:-$1,984.40 Excavation:$640.00 Electrical-Rack Components:$1,360.00 Includes:hardware,-labor, misc.materials,wire,and underground conduit. Excludes;overtirnework,dumpsterfees; removal-of spoils:from site,and tax • • • • PCE:SUBJ✓*CTTQ:REVIE14v_AFTER:30 DAYS' '• ;.� RI_ • _. _ No;Sales Tax x. 0: `Sa.lta7ax Included • ACCEPTANCE OF BID • .•, I have thoauthority to order the above work.and do so order as ouilinod above ilia.above specifications, terms and contract are. satisfactory,:and(I}!(wo).hereby authorize lha,porformanco of this work. , • CUSTOMER SIGNAT RE.- • .. TITLE..• .,. • • _Dato ' x • ;. 1116z zr. 'Justin.tsu-rns - vice President -Electrical .Specialties, Inc. • Date • 7.; i:„. .44 s. C� di 14; 4 umaramssumm ramiszr .t a 4.,h,r;:iti.+for,vgissmizaz Change Order CONSTRUCTION. ENC. PROJECT: CHANGE ORDER NUMBER: OWNER Adaptive Restoration El Vistor's Center Tyrrell Park DATE: 7/26/2021 ARCHITECT 3930 Babe Zaharias Dr ARCHITECT'S PROJECT NO: CONTRACTOR 0 TO CONTRACTOR: McInnis Construction INC FIELD ❑ 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER ❑ Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO ADD THE FOLLOWING TILE FLOORING IN RESTROOMS $ 8,829.40 TILE FLOORING IN 107 HOSPITALITY ROOMS $ 1,802.85 DEDUCT FLOOR SEALER @$1.00/SF $ (580.00) $50/BAG ALLOWANCE FOR FLOOR PREP @ 50 BAGS $ 2,500.00 3-4 WEEK LEAD TIME ON MATERIALS AS OF 6/28/2021 Subtotal $ 12,552.25 AMOUNT TO BE DEDUCT FROM CONTINGECY 10%Overhead/Profit $ - Total $ 12,552.25 The original Contract Sum was $ $1,505,600.00 The net change by previously authorized Change Orders $ $0.00 f. The Contract Sum prior to this Change Order was $ $1,505,600.00 The Contract Sum will be increased by this Change Order in the amount of $ $0.00 The new Contract Sum including this Change Order will be $ $1,505,600.00 The Contract Time will be increased by 30 ( )days The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. McInnis Construction ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 675 S 4th St Silsbee TX ADDRESS ADDRESS ADDRESS BY(Signature) BY(Signature) BY(Signature) Kyle Kelley Typed name Typed name Typed name 4, f DATE DATE DATE RI ,s IN - „• Document G701 2017 Change Order PROJECT:(Name mid address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:Gcneral Construction Change Order Number:006 Visitor-Center Tyrrell Park 3930 Babe Zaltaris Dr Beaumont,TX 77705 Date:5/26/20 Date:September 7,2421 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Arcane and address) City of Beaumont Architectural Alliance,Inc. McInnis Construction,Inc. 801 Main St.,Suite 315 350 Pine St.,Suite 750 675 S 41' Beaumont,TX 77701 Beaumont,TX 77701 Silsbee,TX 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibits.Also include agreed rrpan adjustments attributable to executed Construction Change Directives) Request to add the following: Add the pickup,modification,powder coating and installation of original gates at Tyrrell Park: $2,250.00 Fabricate and install one new gate to match existing leading into courtyard on east side of building: $1,750.00 Total; $4,000.00 By this change order,reduce$66,764.75 contingency balance by$4,000.00. Balance in contengency is$62,764.75 The original Contract Sum was $ 1,505,600.00. The net change by previously authorized Change Orders $ 0.00 The Contract Stun prior to this Change Order was $ 1,505,600.00 The Contract Sum will be unchanged by this Change Order in the amount of $ : . 0.00 The new Contract Sunt including this Change Order will be $ I,505,600:00. . The Contract Time will be unchanged by ( )days. The new date of Substantial Completion will be NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliai • . c. Mclnnis: oast tion City ofBeaumant ARCHITECT re) CO R Firm name) OWNER( run trame)1 S RE SI SIGNATURE • ob Clark,AIA,VP �LG rfla'�f /�. 't: l 1`�j uI r. PRI D7NAME AND TITLE PRINTED NAME AND TITLE PRINTED$AME AND TITLE ATE i 2 QATE7/?/ 2� DATE �� 1- Z • AIA Document G701" 2017.CopyrightrD 197.8,1987,2000,2001 and 2017 by The American Institute of Architects.All tights reserved.The'American Instilute of Architects,'>AlA,"the AIA Logo,and'NA Contract Documents°aro registered trademarks and may"rat be used without permission.This document 4 was produced by AIA sofhyare at 10416;96 ET on 09/07/2021 under Order No.2896973020 which expires on 09/10/2022,1s not for resale,Is licensed for one-lime use only,and may only be used in accordance with the AIA Contract Documents5 Terms of Service.To report copyright violations,e-mail copyright@ala.org. User Notes: (3B9ADA58) ANNIII/ C:111111111•1111111 �► rE= Change OrderMCINNIS CONSTRUCTION. INC. PROJECT: CHANGE ORDER NUMBER: 10 OWNER El Adaptive Restoration Vistor's Center Tyrrell Park DATE: 8/10/2021 ARCHITECT El 3930 Babe Zaharias Dr ARCHITECT'S PROJECT NO: CONTRACTOR El TO CONTRACTOR: FIELD ❑ McInnis Construction INC 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER ❑ Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO ADD THE FOLLOWING ADD THE PICKUP,MODIFICATION,POWDER COATING AND INSTALLATION $ - OF ORGINAL GATES AT TYRRELL PARK $ 2,250.00 Subtotal $ 2,250.00 AMOUNT TO BE DEDUCT FROM CONTINGENCY 10%Overhead/Profit $ - Total $ 2,250.00 The original Contract Sum was $ $1,505,600.00 The net change by previously authorized Change Orders $ $0.00 The Contract Sum prior to this Change Order was $ $1,505,600.00 The Contract Sum will be increased by this Change Order in the amount of $ $0.00 The new Contract Sum including this Change Order will be $ $1,505,600.00 The Contract Time will be by ( )days The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. LL McInnis Construction C;`T`'1 of r ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm nam+) 675 S 4th St Silsbee TX ADDRESS ADDRESS ADDRESS L_ / c, BY(Signature) BY(Signature) BY(Signature) ,( Kyle Kelley /`y ft / ' yel Typed name Typed name Typed name DATE DATE DATE • irmitiffirjytemk mow �mm MCINNIS CONSTRUCTION. INC. I Change Order PROJECT: CHANGE ORDER NUMBER: 11 OWNER CI Adaptive Restoration Vistor's Center Tyrrell Park DATE: 9/7/2021 El 3930 Babe Zaharias Dr ARCHITECT ARCHITECT'S PROJECT NO: CONTRACTOR 0 TO CONTRACTOR: FIELD ❑ McInnis Construction INC 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER ❑ Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO ADD THE FOLLOWING FABRICATE AND INSTALL ONE NEW GATE,TO MATCH EXISTING $ 1,750.00 LEADING INTO COURTYARD ON EAST SIDE OF BUILDING Subtotal $ 1,750.00 10%Overhead/Profit $ - Total $ 1,750.00 The original Contract Sum was $ $1,505,600.00 The net change by previously authorized Change Orders $ $0.00 The Contract Sum prior to this Change Order was $ $1,505,600.00 ',The Contract Sum will be increased by this Change Order in '.the amount of $ $0.00 The new Contract Sum including this Change Order will be $ $1,505,600.00 The Contract Time will be by ( )days The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. / 1 McInnis Construction ' T U f gm r ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Finn name 675 S 4th St Silsbee TX ADDRESS ADDRESS ADDRESS BY(Signature) BY(Signature) BY(Signature)jJ Kyle Kelley (e_ / 47 of Typed name Typed name Typed name / DATE DATE DATE L Ay t. • ,� 1 OWNEK'SCopy a`‘‘. Document G7014 017 Change Order • PROJECT:(Nance and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:.General Construction Change Order Number.007 Visitor Center Tyrrell Park 3930 Babe Zabaris Dr Beaumont,TX 77705 Date:5/26/20 Date:September i4,2021 OWNER:(Nance and address) ARCHITECT:(Name and address) CONTRACTOR:(Arcane and address) City of Beaumont Architectural Alliance,Inc. Mcinnis Construction,Inc. 801 Main St.,Suite 315 350 Pine St.,Suite 750 675 S 4th Beaumont,TX 77701 Beaumont,TX 77701 Silsbee,TX 77656 THE CONTRACT IS CHANGED AS FOLLOWS: • (Insert a detailed description of the change and,if applicable,attach or reference specific exhibits.Also include agreed roan adjustments attributable to executed Construction Change Directives.) Request to add the following: • Removing concrete curb and gutter $ 1,500.00 Retitoving concrete sidewalk $ 500.00 Removing 326 SY of base and asphalt $ 14,670.00 Placement of 390 tons of type D asphalt $ '58,111,00 RIP rap stone protection $ 3,500.00 Concrete curb and gutter 208LF $ 5,824.00 Concrete sidewalks S 4,5.00.00 i Ditch Shaping and regrading 3,700.00 Asphalt mobilization $ 5,200,00 MCI additional 2 weeks supervision S 4;800.00 Subtotal S IO2,305.00 Balance of Contingency $(62,764.75) Balance Mier Contingency$39,540.25 10%Overhead/Profit $ 3,054.03 Total $43,494.28 The original Contract Sum was $ 1.505.600.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1,505,600.00 The Contract Sum will be increased by this Change Order in the amount of $ 43.494.28 The new Contract Sum including this Change Order will be $ 1,549,094.28 The Contract Time will be unchanged by ( )days. The new date of Substantial Completion will be NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost.and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. AIA Document G701"-2017,Copyright 01979,1987,2000,2001.end 2017 by The American Institute df Architects.All rights reserved.The'American InsUtuio'of Arddlects 'AIA, rho AIA Logo end'AIA'Contract tDocum ents*ere registered-irademed,e'and may not bo used without permissfoh,This document 4 was produced'by AIA software at 1222:17 ET on 09/14/2021 under-Order No.2896973020 which expires on 0911012022,Is not for resale,is licensed for one-time use only,and may only bo used In accordance with the AIA Contract Docuinents°Terms of Service.To report copyright violations,e-mail copyright@ala,org. User Notes: (389ADA51) NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliancwins:. McInnis Construction City.of Bcaurito it ARRCCHIITTECCTT/'Tip r meJ' ►'"'^ —�—�+ T' i 1 1'7 n rnr OWNER tE?Ia ne) L V SIG MTURE A SIGNATUyRE J.Rob Clark:AIA,�'I� �� K /r'i ij of C�, �'/ti r+ L PRINTED NAME AND TITLE P D t h A D TIT E 1 PRIN�ED NAME ANUtTITLE J DATE DATE DATE • • AIA Document o701 —2017.Copyright 01979,1987,2000 2001 and 2017 by The American Institute or Architecle.All rights reserved:the American Institute of Arcfihects,`AIA;}he AIA Log and'AIA Cdntra 1 Documents'are reigielared Uadamarks and may not.be used without porprieglon This document 2 was'produced byAlA software:at 12c22:17 ET on 09/14/2921 under Order No.2896973020 which expires on 69/10/2022 Is not ferresale;is.licensed for one-time use only,and may only be used In accordance with the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (369ADA61) t , Y[�1p� .t�' �w yyii .r. 1111211211., *`?' 2 _ Change Order cirawrs'CO>�ISTrturrrola. INC. PROJECT: CHANGE ORDER NUMBER: OWNER Q ' Adaptive Restoration Vistor's Center Tyrrell Park DATE: 9/132021 ARCHITECT El 3930 Babe Zaharias Dr ARCHITECT'S PROJECT NO: CONTRACTOR 0 TO CONTRACTOR: FIELD McInnis Construction INC 675 S 4th St CONTRACT DATE: 5/262020 OTHER (] Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: I REQUEST TO ADD THE FOLLOWING $ REMOVING CONCRETE CURB AND GUTTER $ 1,500.00 REMOVING CONCRETE SIDEWALK $ 500.00 REMOVING 326 SY OF BASE AND ASPHALT S 14,670.00 PLACEMENT OF 390 TONS FO TYPED ASPHALT $ 58,111.00 RIP RAP STONE PROTECTION $ 3,500.00 CONCRET CURB AND GU rlrlt 208LF $ 5,824.00 CONCRETE SIDEWALKS $ 4,500.00 DITCH SHAPING AND REGRADING $ 3,700.00 ASPHALT MOBILZATION $ 5,200.00 MCI ADDITIONAL 2 WEEKS SUPERVISION $ 4,800.00 Subtotal '$--102,305.00 Balance of Contingency $ (62,764.75) *** Balance after Contingecy $ 39,540.25 10%Overhead/Profit $ 3,954.03 Total $ 43,494.28 The original Contract Sum was $ $1,505,600.00 The net changeby previously authorized Change Orders $ $0.00 The . - Contract Sum prior to this Change Order was _ $ $1,505,600.00 The __ . Contract Sum . will be v increased by this Change Order in the amount of $ $43,494.28 The new Contract Sum including this Change Order will be S $1,549,094.28 The Contract Time will be by ( )days The date of Substantial Completion as of the date of this Change Order therefore is *** This change order is prepared under the assumption that prior submitted AlA Change Order Document No. 6 will be approved as the balances In the Contingency are calculated based on this documents NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. - " McInnis Construction . .. ARCHITECT(Frm name) CONTRACTOR(Fbrn name) OWNER(Fkm name) 675S4t11' :Si=bee TX ._ . ......... .. ADDRESS AD REM ADDRESS illig BY(Signature) BY(':a..tu BY(Signature) ( :�e Kell :r - Typed name Typed name Typed name _.._ DATE DATE �/ '/� DATE ,...._,.. Irk ry _ n 70 . ® 2017 Change Order PROJECT:(Name and address) .CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:General.Construction Change Order Whither:008 Visitor Center Tyrrell Park 3930 Babe Zaharis Dr B:em.111M t,TX 777.05 Date:5126/20 Date:December 1.,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Araere.and address) City of Beaumont Architectural Ailiattce,_1nc. McInnis Construction,Inc. s01 Main St.,'Suite 315 350 Pine Si,Suite 750 675'S 4th Beaumont,TX 77701 Beaumont,TX 7770'1 Silsbee,TX 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert.(detailed description of the change and, iif applicable,attach or reference specific e !ubils.Also include agreed aeon adjustments (diribulalile to executed_Conslivetion.Change Directives) REQUEST TO.DEDU.CT/ADD THE FOLLOWING `$ - DEDUCT 326 SY OF BASE AND ASPHALT $ (14,670.00) DEDUCT 73 TONS OF ASPHALT S (l0,877.00) DEDUCT 52 SY OF RIP RAP $ (3;25.0:00) DEDUCT DITCH CLEANING S (805:00) ADD 2621 SY CEMENT BASE TREATMENT S 52,94420 c k Subtotal $ 23,342.20 10%Ovethea8/Profit $ 2,334 22 Total $ 25,676.42 The orig inal-Contract Sum was $ 1,505,600.00. The net change.by previously antliorized_Change Ordcra ;$ 43,494.28 The Contract Sunt prior to this Change Order was $ 1,549,094.28, The Contract`Sum will be.inereased by this Change Order in the amount $ 25,676:42 .The new Contract Suin including this:Change Order will be $ 1,574;770.70 'e c.reAsW b CI..RT. 30 da s The,Contract Time will be:44444 4d y )" y The new date af.Substantial Completion will be NOTE:This Change Order does not include adjustments tathe-Contract Sum or Guaranteed Maxiniuni Pried,oi•the Contract Tithe, that have been authorized by Construction'Change Directive until'the cost and time have been agreed upon by both the Owner_and Contractor,hi'which case a CI ange:Order'is executed to supersede-the Construction Change Directive. NOT VALID UNTIL SJGNED BY THE ARCHITECT,CONTRACTOR AND OWNER: Ari hitectu al Alliance,Inc.. . Mclnnis Construction City.of Beaumont ARCHITECT(First name) CONTRACTOR(Firm name) OWNER(Firth,ulnie) i MA Document G701'-2017.Copyright©1979,1987,2000,2001 and 2017 by The American,Institute of Architects All rights reserved The'Amancan Institute of'Aichitects,:.AIA,"the AIA Logo,and 7AIA Contract Documents'are registered trademarks and,may not'be used without permission.This document :I was produced by AIA sofhyare•at 15:11:23 ET on 12/01/2021,unde(Order No.2896973020 which expires on 09110/2022 Is not for resale,is licensed for one4ime use only,and may only be used.In accorda.nce.with the.AIA Contract Documents?Terms'Of Serwce..To report copyright violations;6-marl copyright@eia.or§. User Notes: (3B9ADA45) C., LL .(SIGN_. URE SIGNATURE SIG AjURE baark;A1A,vp Kyle Kelley L. / �y�s� C:1� , �51 PRINTED NAME AND TITLE PRINTED NAME AND 1TLE PRI TED NAME9�ND TITLE /9 - / - 2, 1 12/1/2021 I2 - I S' 21 DATE DATE DATE s 1 AIA Document G701"—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Arcliilocfs,"AIA"the AIA Loge,and'AlA Contract Documents'are registered trademarks and may not be used without permission.This document 2 was produced by AIA software at 1511:23 ET on 12/01/2021 under Order No.2896973020 Aid)expires on 09/10/2022,Is not for resale,.is licensed for one-lime use only,and may only be used in accordance with the AIA Contract'Documentsa Temis of Service.To report copyright violations,.e-nail.copyright@aia:org. User Notes: (3139ADA45) IIIIIMWMC7111•11ft MOW iMINIMIE Change OrderMCINNIS CONSTRUCTION. INC. PROJECT: CHANGE ORDER NUMBER: 13 Adaptive Restoration OWNER 0 Vistor's Center I yrrell I'arK DATE: 11/30/2021 ARCHITECT Ei :393U Babe Laharias Ur ARCHITECT'S PROJECT NO: CONTRACTOR ID TO U N lHACIUl(: 0 McInnis Construction 1NC FIELD 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER Silsbee Tx El CONTRACT FOR: City of Beaumont The Contract is changed as follows: REQUEST TO DEDUCT/ADD THE FOLLOWING $ - DEDUCT 326 SY OF BASE AND ASPHALT $ (14,670.00) DEDUCT 73 TONS OF ASPHALT $ (10,877.00) DEDUCT 52 SY OF RIP RAP $ (3,250.00) DEDUCT DITCH CLEANING $ (805.00) ADD 2621 SY CEMENT BASE TREATMENT $ 52,944.20 Subtotal $ 23,342.20 k 10%Overhead/Profit $ 2,334.22 Total $ 25,676.42 The original Contract Sum was $ $1,505,600.00 The net change by previously authorized Change Orders $ _ $43,494.28 The Contract Sum prior to this Change Order was $ $1,549,094.28 The Contract Sum will be increased by this Change Order in the amount of $ $25,676.42 The new Contract Sum including this Change Order will be $ $1,574,770.70 The Contract Time will be by ( 30 )days The date of Substantial Completion as of the date of this Change Order therefore is 1/1/2022 *** This change order is prepared under the assumption that prior submitted AIA Change Order Document No. 6 will be approved as the balances in the Contingency are calculated based on this documents NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. McInnis Construction ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 675 S 4th St Silsbee TX ADDRESS ADD E ADDRESS BY(Signature) BY(Sign ure) BY(Signature) Kyle Kelley -.�. Typed name Typed name Typed name DATE DATE DATE RESOLUTION NO. 21-332 WHEREAS, on May 12, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-099 awarding a contract in the amount of $1,473,000.00 for the Base Bid; Alternate Bid No. 1 in the amount of $12,000.00 for an ornate fence and gating between the existing door and the window openings in a secured courtyard; Alternate Bid No. 2 in the amount of$20,600.00 for a six-foot vinyl coated security fence and a concrete mow strip to secure access to the courtyards; and, $12 per square foot for saw cutting, removing material, installation of 3/8" dowels, pouring and finishing concrete to match existing patterns at an estimated cost of $20,000.00 to McInnis Construction, Inc., of Silsbee, Texas, for the Adaptive Restoration of the Tyrrell Park Visitors Center Project, and, WHEREAS, a contingency allowance in the amount of$100,000.00 was included in the above noted contract; and, WHEREAS, on October 20, 2020, the City Manager executed Change Order No. 1, in the amount of$13,110.00, to furnish and install approximately fifty (50) laminated mats around the building; frame and shore the roof deck; and credit for removal of contaminated debris on the floor and roofing materials down to the deck, thereby decreasing the contingency allowance to $86,890.00 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on January 19, 2021, the City Manager executed Change Order No. 2, in the amount of$6,132.00, to demo and pour back 511 square feet of concrete slab, thereby decreasing the contingency allowance to $80,758.00 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on March 30, 2021, the City Manager executed Change Order No. 3, in the amount of$3,741.00, to switch from three phase HVAC to single phase HVAC, thereby decreasing the contingency allowance to $77,017.00 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on March 30, 2021, the City Manager executed Change Order No. 4, in the amount of ($10,200.00), for adjustments and substitutions relating to electrical network/alarm wiring, thereby increasing the contingency allowance to $87,217.00 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on July 28, 2021, the City Manager executed Change Order No. 5, in the amount of$20,452.25, to relocate electrical service entry to a new built rack; pour concrete landing pad around new service; provide rack for service equipment and t secondary feeders; and, restroom and hospitality room floor tiling, thereby decreasing the contingency allowance to $66,764.75 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on September 7, 2021, the City Manager executed Change Order No. 6, in the amount of $4,000.00, for the addition of the modification, powder coating and installation of the original gates and to fabricate and install one new gate, thereby decreasing the contingency allowance to $62,764.75 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on September 14, 2021, the City Manager executed Change Order No. 7, in the amount of$102,305.00, for the removal and re-construction of the concrete curb, gutter and sidewalk and shaping and regrading of the ditch, thereby decreasing d--- the contingency allowance to $0.00 and increasing the total contract amount to $1,549,094.28; and, WHEREAS, Change Order No. 8, in the amount of $25,676.42 is necessary for the credit of base and asphalt; the credit for ditch cleaning; and, the addition of cement base treatment, thereby increasing the total contract amount to $1,574,770.70; 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. 8, in the amount of $25,676.42, for the additional work described above, i' . thereby increasing the total contract amount to $1,574,770.70 for the Adaptive Restoration of the Tyrrell Park Visitors Center 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 14th day of December, 2021. . Ge,,,,,. „cid,o, - Mayor Robin Mouton - .....oa.A*o mod..:,= r • 1. s • _el �tI =-�� Document G701 , 2017 Change Order PROJECT:(Nance and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Adaptive Restoration Contract For:General Construction Change Order Number 009 Visitor Center Tyrrell Park 3930 Babe Zaharis Dr • Beaumont,TX 77705 Date:5/26/20 Date:February 16,2022 • . OWNER:(Name and address) ARCHITECT:(Name aml address) CONTRACTOR:(Name and address) . City of Beaumont Architectural Alliance,Inc. McInnis Construction,Inc. • 801 Main St.,Suite 315 350 Pine St.,Suite 750 675 S 40' Beaumont,TX 77701 Beaumont,TX 77701 Silsbee,TX.77656 THE CONTRACT IS CHANGED AS FOLLOWS: (insert a detailed description oldie change and,if applicable,attach or reference specific exhibits.Also include agreed upon adjustments • attributable to executed Construction Change Directives) Price increase'for asphalt overrun $9,228.80 Subtotal $ 9,228.80 10%Overhead/Profit $ 922.88 • Total $10,151.68 The original Contract Sum was. $ 1,505,600,00 The net change by previously authorized Change Orders $ 69,170.70 The Contract Sum prior to this Change Order was $ 1,574,770.70 The Contract Sum will be increased by this Change Order in the amount of $ 10,151.68 The new Contract Suin including this Change Order will be $ 1,584,922.38 The Contract Time will be unchanged by ( )days. The new date of Substantial.Completion will be . NOTE This Change Order does not include adjustments to the Contract Su1in or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THEARCHITECT,CONTRACTOR AND OWNER. • Architectural A fiance h e: Mcimti't Col tr ction •City of Beaumont ARCH T irm iritr ) CONT C' inn name) OWNER(Firer name) • • SI t ATURE bb SIG RE - SIGNATURE ' . • J..Rob Clark,AIA,VP PRINTA NAME.A TITL PRINTED N E AND .TLE PRINTED NAME AND TITLE `L - /(, - Ld22— e9—it-2o2Z DATE DATE DATE • AtA Document r3701"—2017.Copyright et i979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The'Antetrcan institute of Architects,"AIA,"the AlA Logo,and*AlA Contract Documents'are registered trademarks and may not be used without permission.This document .I was produced by AIA software at 15:09:28 ET on 02/18/2022 under Order No.2896973020 which expires on 09/10/2022,Is not for resale,is licensed for one-time use only.and may only be used in accordance with the AlA Contract Documents$Terms of Service.To report copyright violations,e-mail copyright@ala.org. User Notes: (3S9ADA57) Aram.- ..a, .:.. , -._. _. �Qt :%ti a vtsmiamato Irk :`di; :1,3F' ,,, umasangsmi Change OrderMeiNN1SJCONS!R1JCl:ION„ INC. PROJECT: CHANGE ORDER NUMBER: 14 OWNER El Adaptive Restoration Vistor's Center Tyrrell Park DATE: 2/14/2022 ARCHITECT t✓] 3930 Babe Zaharias Dr ARCHITECT'S PROJECT NO: CONTRACTOR Et TO CONTRACTOR: FIELD Q McInnis Construction INC 675 S 4th St CONTRACT DATE: 5/26/2020 OTHER Q Silsbee Tx CONTRACT FOR: City of Beaumont The Contract is changed as follows: Price increase for asphalt overrun S 9,228.80 Subtotal $ 9,228.80 10%Overhead/Profit $ 922.88 Total $ 10,151.68 The original Contract Sum was $ $1,505,600.00 The net change by previously authorized Change Orders $ $69,170.70 The Contract Sum prior to this Change Order was $ $1,574,770.70 The Contract Sum will be increased by this Change Order in the amount of $ $10,151.68 The new Contract Sum including this Change Order will be $ $1,584,922.38. The Contract Time will be by ( )days The date of Substantial Completion as of the date of this Change Order therefore is l * This change order Is prepared under the assumption that prior submitted AIA Change Order Document No. 6 will be approved as the balances In the Contingency are calculated based on this documents NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. McInnis Construction ARCHITECT(Firm name) • CONTRACTOR(Finn nerve) ,OWNER(Flan name) , 675 S 41i t SItsbee TX ADDRESS AD E, i ADDRESS • BY(Signature) {SI tyre) BY(Signature) K Kelle Typed name Typed name Typed name . f' Za22 DATE DATE DATE .'3i'•T' _C'0A PROPOSAL . .,. Safety First A OH C+DtiPANY Gulf Coast January 28, 2022 PO Box 20779 Beaumont, Texas, 77720 (0)409-866-1444 (F)409-866-1032 QUOTE McInnis Construction TO Kyle Kelley kyte@mcinnisprojects.com ,...-+cam 4. . .r--a ._ - i-a:f _ = •- i8 Cattail Marsh Parking Lot Rehab ITEM DESCRIPTION QUAN UNIT UNIT PRICE i.X t'PRICE 20 !Asphalt Paving Material Overrun 65 TON $144.20� $9,373.001, Footnotes... > Descriptions • Additional asphalt placed to create proper grading and drainage. Page 1 of 3 + '�'(31�.�.`L. �rq' rf{ "xt'.:!-z7T� RGr�, y_'y4,,_:i-d�`Ky'��,yyvhY_:��2_is^•.�v 1^at:r.�iT�lz��<•--�.1.,':eZ.yea�- 47.E,1rft aa..54-` ' izz- f,'. 2:ci t �.`;1 fT T',§a' 'js:•*,S-A '`r'•"'L.'-:'�;"'-G�'SS 4''r-= •..." e:' y-'� . I. Labor II, Equipment III. Material_ Unless the words "Lump Sum" appear next to an item of work, it is understood and agreed that the quantities referred to above are estimates only and that payment shalt be made at the stated unit prices for actual quantities of work performed by Gulf Coast. This proposal expires thirty (30)days from the effective date of this Proposal. If you agree to these terms, prices and conditions, including the terms and conditions on the next page, please acknowledge acceptance by signing in the space provided and return the original hereof to us, retaining a copy for your files. The person signing for you below represents that he or she is fully authorized to enter into this Agreement. Sincerely, Gulf Coast ACCEPTER: (Firm Name) By: (Name and Title) (Date) 101.4(u•f(nai q i.thraIter rev nr Orr In,{a;Fonha'+r.'ai;P.- iNrtd (11I1111 Page 2 of 3 EMU" C-at.;p S T3, �CaH Cottretkesno TERMS AND CONDITIONS-Proposal and Contract Payment in full for all work performed hereunder during any month shall be made not later than the tenth (10th)day of the month next following. Final and complete payment for all work performed hereunder shall be made not later than fifteen(15)days after the completion of such work, Interest at the highest rate allowable under the laws of the In state which the work is done,or one and one half percent{1'4%)per month,whichever is less,shall be charged and paid on all unpaid balances from the due date to the date we receive payment. You agree to pay In full all costs and expenses incurred by GULF.COAST in collecting the amounts owed by you under the Agreement, • including any and all court costs and attorneys'fees. Payments received will be applied against open items on unpaid invoices in an order and sequence determined by GULF COAST in its sole discretion. Any monies paid to you for our work shall be held in trust for our benefit. We shall not become obligated to perform the work called for under this Proposal and Contract until we Ii check and approve your credit. This Proposal and Contract shall be null and void if your credit is not approved, If credit conditions become unsatisfactory at any time prior to our completion of the work hereunder,you will furnish adequate security upon our request. This document Is the full agreement between us, regardless of any prior proposals or communications, Any deviations from the specifications or modification of the terms of this contract and any extra or incidental work, or reductions In work,shall be set forth in writing and signed by both parties prior to the making of such change. We will be compensated for any increase in our costs caused by such change,on the basis of the increase plus ten percent(10%o)profit. If a time is set for the performance of work, and if, in our judgment, such change or other circumstances beyond our reasonable control will increase the time necessary for our performance, we will be granted a reasonable extension of lime. We wilt provide and pay for Worker's Compensation,General Liability and Property Damage Insurance. You agree to carry General Liability and Property Damage Insurance sufficient to protect yourself against any and all claims and liabilities arising from the performance of the work,including but not limited to claims arising under your agreement to indemnify and hold us harmless under this contract. We shall be provided with suitable access to the work area. If our work is dependent upon or must be undertaken in conjunction with the work of others,such work shall be so performed and completed as to permit us to perform out work hereunder in a normal uninterrupted single shift operation. Unless a time for the performance of our work is specified,we shall undertake it in the course of our normal operating schedule. We shall not be liable for any failure to undertake to complete,and may suspend,the work for causes beyond our reasonable control,including but not limited to fire,flood or other casualty; the presence on or beneath the work site of utilities,facilities,substances,or objects,including but not limited to any substance that in our opinion is hazardous or toxic or the reporting, remediation, or clean-up of which is required by any law or regulation(together"subsurface conditions");labor disputes or other disagreements;and accidents or other mishaps, whether affecting this work or other operations in which we are involved,directly or indirectly. If for causes beyond our reasonable control our work is not completed within twelve(12)months after the date of your acceptance of the proposal,we may cancel this agreement at any time thereafter on ten (10)days notice. in such event(i)we shall be relieved of any further obligation with respect to the balance of the work;and (Ii)we shall be entitled to receive final and complete payment for all work performed by us to the date of cancellation within fifteen(15)days thereafter. We shall not be responsible for, and you agree to indemnify and hold us harmless from,any suit,claim, liability,cost or expense arising from or in any way related to:sidewalks,driveways or other improvements located within our work area or designated areas of access, and to adjacent property and improvements; subsurface conditions;and any and all other alleged damages to persons or property,including but not limited to personal injury and death,arising from the performance of the work,unless such alleged damages arise from our sate negligence, You further agree to indemnify and protect us and save us harmless from any and all loss,damage,costs,expenses and attomey's fees suffered or incurred on account of your breach of any obligations and covenants of this contract. It is further understood that we shall not be responsible for any damage to or deterioration of any of our work,whether completed or in process,resulting from any cause or causes beyond our reasonable control,including but not limited to failure of subgrade orother subsurface conditions,or failure or inadequacy of any labor or materials not furnished and Installed by us,whether or not such failure or Inadequacy was or could have been known at the time our work was undertaken. You agree that the proper Jurisdiction and venue for adjudication concerning this contract is Jefferson County,and you waive any right to jurisdiction and venue in any other place. 2013 Gulf('cast Vaurabarir a Rrpraf4167n n.Mr In Ali Fa.a, P.,.SiFJrd (1 N18) Page 3 of 3 RESOLUTION NO. WHEREAS, on May 12, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-099 awarding a contract in the amount of $1,473,000.00 for the Base Bid; Alternate Bid No. 1 in the amount of $12,000.00 for an ornate fence and gating between the existing door and the window openings in a secured courtyard; Alternate Bid No. 2 in the amount of$20,600.00 for a six-foot vinyl coated security fence and a concrete mow strip to secure access to the courtyards; and, $12 per square foot for saw cutting, removing material, installation of 3/8" dowels, pouring and finishing concrete to match existing patterns at an estimated cost of $20,000.00 to McInnis Construction, Inc., of Silsbee, Texas, for the Adaptive Restoration of the Tyrrell Park Visitors Center Project, and, WHEREAS, a contingency allowance in the amount of$100,000.00 was included in the above noted contract; and, WHEREAS, on October 20, 2020, the City Manager executed Change Order No. 1, in the amount of $13,110.00, to furnish and install approximately fifty (50) laminated mats around the building; frame and shore the roof deck; and credit for removal of contaminated debris on the floor and roofing materials down to the deck, thereby decreasing the contingency allowance to $86,890.00 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on January 19, 2021, the City Manager executed Change Order No. 2, in the amount of$6,132.00, to demo and pour back 511 square feet of concrete slab, thereby decreasing the contingency allowance to $80,758.00 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on March 30, 2021, the City Manager executed Change Order No. 3, in the amount of $3,741.00, to switch from three phase HVAC to single phase HVAC, thereby decreasing the contingency allowance to $77,017.00 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on March 30, 2021, the City Manager executed Change Order No. 4, in the amount of ($10,200.00), for adjustments and substitutions relating to electrical network/alarm wiring, thereby increasing the contingency allowance to $87,217.00 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on July 28, 2021, the City Manager executed Change Order No. 5, in the amount of $20,452.25, to relocate electrical service entry to a new built rack; pour concrete landing pad around new service; provide rack for service equipment and secondary feeders; and, restroom and hospitality room floor tiling, thereby decreasing the contingency allowance to $66,764.75 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on September 7, 2021, the City Manager executed Change Order No. 6, in the amount of $4,000.00, for the addition of the modification, powder coating and installation of the original gates and to fabricate and install one new gate, thereby decreasing the contingency allowance to $62,764.75 and having no effect on the total contract amount of$1,505,600.00; and, WHEREAS, on September 14, 2021, the City Manager executed Change Order No. 7, in the amount of$106,259.03, for the removal and re-construction of the concrete curb, gutter and sidewalk and shaping and regrading of the ditch, thereby decreasing the contingency allowance to $0.00 and increasing the total contract amount to- $1,549,094.28; and, WHEREAS, On December 14, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-332 authorizing the City Manager to execute Change Order No. 8, in the amount of$25,676.42 for the credit of base and asphalt; the credit for ditch cleaning; and, the addition of cement base treatment, thereby increasing the total contract amount to $1,574,770.70; WHEREAS, Change Order No. 9, in the amount of $10,151.68, is necessary to adjust the estimated asphalt quantities to match the quantities actually used in the project, thereby increasing the total contract amount to $1,584,922.38; 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. 9, in the amount of $10,151.68, for the additional work described above, thereby increasing the total contract amount to $1,584,922.38 for the Adaptive Restoration of the Tyrrell Park Visitors Center 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 1st day of March, 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: March 1, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Structure Guard, LLC. BACKGROUND On February 1, 2022, by Resolution No. 22-035, City Council awarded a contract to Structure Guard, LLC., of Austin, in the amount of$59,327.00, for the Lafm Drive at LNVA Canal Emergency Bridge Repairs Project. Previous Change Order No. 1, in the amount of$3,207.00, is attached for your review. 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 maintenance and fmal payment in the amount of$3,126.70 is recommended. FUNDING SOURCE Capital Program—Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 22-035 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Lafin Drive at LNVA Canal Emergency Bridge Repairs Project; and, WHEREAS, Structure Guard, LLC, of Austin, Texas, submitted a bid in the amount of$59,327.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Structure Guard, LLC, of Austin, 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 Structure Guard, LLC, of Austin, Texas, in the amount of$59,327.00, for the Lafin Drive at LNVA Canal Emergency Bridge Repairs Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and. he is hereby authorized to execute a contract with Structure Guard, LLC, of Austin, 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 1st day of February, 2022. �,q�� le g ' la ill§ .. 1 1, 9,,,,,,,) ,A,,,,„_,,,, L.(,,,T,dir - Mayor Robin Mouton - r .. Contract# 001.001: 09-Feb-2022 09:01 AM CST Lafin Drive at LNVA Canal Emergency Bridge Repairs Lafin Drive Beaumont,Texas 77713 Project Number.PW1122-03 001.001:: Change Order No. 1 Grand Total: $3,207.00 For 001 Lafin Drive at LNVA Canal Emergency Bridge Repairs Division 99 Line Item Unit price — — Type Group 3.0 Construction Scope of Work Notes This Change Order is needed to add an additional Girder Stem repair that was discovered after construction commenced. Awarded To Structure Guard,LLC Lauren Johns 28667 Reason Owner Requested Code Days 0 Changed Attachments Schaumburg&Polk Inc.Mail-Additional repair work Lafi...dge.pdf IMG_4345.JPG Change Order Summary Original Contract Sum 59,327.00 Substantial Completion Date Net Cost by Previous Approved COs 0.00 Net Time Change By Previous COs 0 days Contract Sum Before This CO 59,327.00 Substantial Completion before This CO — I Contract Sum Changed By This CO 3,207.00 Time Changed By This CO 0 days New Contract Sum 62,534.00 New Substantial Completion Date All Change Orders make up 5.41%of the Original Contract Accounting and Status Accounting Status Submitted Item Id 195 PO Number 422331 FEMA Number Accounting Project Code Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item Account WBS/ Unit Total # Code Section Description Quantity UoM Price Amount Contract Items 4 001 001 FURNISH ALL LABOR,MATERIALS AND EQUIPMENT TO REPAIR 1.00 LS 3,207.00 3,207.00 ADDITIONAL DAMAGED GIRDER STEM(1) Total 3,207.00 Grand Total:3,207.00 Approval Approved Due:15-Feb-2022 Name or Role Status • Actions 1 External-GC Approved Lauren Johns 08-Feb-2022 10:08 AM CST 2 Project Manager Approved David Tingle 08-Feb-2022 10:51 AM CST 3 City Engineer Approved Amalie"Molly"Villarreal 08-Feb-2022 10:54 AM CST 4 Director Approved Bart Bartkowlak 08-Feb-2022 12:31 PM CST — — — eo�OW Created by:David Tingle on 08-Feb-2022 Last Modified by:Crystal Garza on 09-Feb-2022 ✓ .1 i-••> 7,A it 8 APPROVED BY• ATTESTED BY: L Z- 9- zZ i 444trdi•`)3S4. vtms.,krwaiatua .q-cza. Kyle Hayes Date Tina Broussari Date City Manager City Clerk RESOLUTION NO. WHEREAS, on February 1, 2022 the City Council of the City of Beaumont, Texas passed Resolution No. 22-035 awarding a contract in the amount of $59,327.00 to Structure Guard, LLC, of Austin, Texas, for the Lafin Drive at LNVA Canal Emergency Bridge Repairs Project; and, WHEREAS, on February 9, 2022, the City Manager executed Change Order No. , 1, in the amount of $3,207.00, to provide for an additional Girder Stem repair that was discovered after construction commenced, thereby increasing the total contract amount to $62,534.00; 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 Lafin Drive at LNVA Canal Emergency Bridge Repairs Project be and the same,is hereby accepted; and; BE IT FURTHER RESOLVED THAT the City Manager is authorized to make final payment in the amount of$3,126.70 to Structure Guard, LLC, of Austin, 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 1st day of March, 2022. - Mayor Robin Mouton - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Beaumont Greenery. BACKGROUND The claim of Beaumont Greenery was presented and discussed in Executive Session held on February 22, 2022. The City Attorney is requesting authority to settle this suit in the amount of $65,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Beaumont Greenery was discussed in Executive Session properly called and,held on Tuesday, February 22, 2022; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be, and is hereby, authorized to settle the claim of Beaumont Greenery for the sum of Sixty-Five Thousand and 00/100 Dollars ($65,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 1st day of March, 2022. - Mayor Robin Mouton - BEAUMONT G TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jimmy Neale, Parks &Recreation Director MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to renew the loan agreement with the National Museum of the United States Air Force. BACKGROUND In 1992, the United States Air Force loaned the City a jet to be used only for display purposes. The jet is located at Babe Zaharias Park. Department of Defense regulations require the Air Force to check each year on the status of the jet to be sure that it is being used as intended. The National Museum of the United States Air Force, which is now charged with the responsibility of verifying the status of the jet, is requesting that the loan agreement be renewed in accordance with the original terms of the loan and federal regulations. The jet is an attractive addition to the park and staff wishes to keep it there on display. BUDGETARY IMPACT Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the necessary documents to renew the loan agreement with the National Museum of the United States Air Force for the jet on display at Babe D. Zaharias Park. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2022. - Mayor Robin Mouton - 1 March 1,2022 Consider a request to rezone a property from NC (Neighborhood Commercial) and RM-H (Residential Multiple-Family Dwelling—Highest Density)to GC-MD-2 (General Commercial— Multiple-Family Dwelling—2) and a Specific Use Permit to allow a mini storage located at 6030 and 6040 Concord Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 04 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a request to rezone a property from NC (Neighborhood Commercial) and RM-H (Residential Multiple-Family Dwelling—Highest Density)to GC-MD-2 (General Commercial—Multiple-Family Dwelling—2) and a Specific Use Permit to allow a mini storage located at 6030 and 6040 Concord Road. BACKGROUND Concord Mini Storage, L.L.C.,would like to rezone the property located at 6030/6040 Concord Road and is requesting a Specific Use Permit to allow a mini storage at this location. The property is currently split zoned NC (Neighborhood Commercial) and RM-H (Residential Multiple-Family Dwelling—Highest Density). The applicant states plans are to build 190 self-serve personal storage units. The property will be gated with a keypad entry. An office will be located onsite. The property will be accessible twenty-four(24) hours per day, seven (7) days per week. The property is located along Concord Road, a secondary arterial street and just east of the Dowlen Road intersection. The property to the northwest is zoned GC-MD-2 (General Commercial—Multiple-Family Dwelling—2) and properties to the south are also commercial. Although properties to the north and east are residential, GC-MD-2 matches the adjacent zoning and would provide a buffer as any change of use would require a new Specific Use Permit. For properties that are zoned GC-MD-2 and located adjacent to residential zoned properties,the side minimum setback requirement is twenty (20) feet and the rear minimum setback requirement is fifteen(15) feet. The site plan shows buildings along the east property line are shown fifteen(15) feet from the property line and the building across the rear of the property is located ten(10) feet from the rear property line. A landscaped buffer,ten(10) feet wide, with trees, and an eight(8) foot tall wood or masonry screening fence is required along these same residential boundaries and will be located in the required setback. The landscaping buffer shown along the east property line meets requirements,but a buffer with trees will need to be extended across the rear of the property. One class A tree (large as in an oak) or two (2) Class B trees (small as in a crepe myrtle)must be place every twenty-five linear feet in this buffer. Perimeter landscaping is required when parking areas are located adjacent to a street. Where power lines are present, a row of shrubs is required for the length of the parking area. Beaumont Fire has expressed some concern regarding access to the rear of the buildings but would like to review the layout further when construction plans are submitted. At a Joint Public Hearing held on February 21,2022,the Planning Commission recommended 5:0 to approve the request to rezone a property from NC (Neighborhood Commercial) and RM-H (Residential Multiple-Family Dwelling—Highest Density)to GC-MD-2 (General Commercial— Multiple-Family Dwelling—2) and a Specific Use Permit to allow a mini storage with the following conditions: 1. Adjust the location of buildings to meet minimum setback requirements. 2. Install landscaping to meet City Ordinance requirements. 3. Maintain or replace (as needed)the sidewalk along Concord Road. 4. Plans must be in compliance with Beaumont Fire codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Adjust the location of buildings to meet minimum setback requirements. 2. Install landscaping to meet City Ordinance requirements. 3. Maintain or replace (as needed)the sidewalk along Concord Road. 4. Plans must be in compliance with Beaumont Fire codes. BEAUMONT Planning &Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use/Rezone Tag Name: Concord Mini Storage Case#: PZ2022-48 Initiated On: 1/28/2022 12:43:03PM Location: 6030 and 6040 Concord Road Individuals listed on the record: Applicant Concord Mini Storage, LLC. Home Phone: 6030 and 6040 Concord Road Work Phone: Beaumont,TX 77708 Cell Phone: 409-791-7558 E-Mail: james.townley@gcigllc.com Property Owner James Townley Home Phone: 6030 and 6040 Concord Road Work Phone: Beaumont,TX 77708 Cell Phone: 409-791-7558 E-Mail: james.townley@gcigllc.com Agent Samuel Fountain Home Phone: 87 North IH 10 Suite 215 Work Phone: Beaumont,TX 77707 Cell Phone: 409-926-4464 E-Mail: samuel.fountain@sandreonsultingengineers.c om Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2022-48 Printed On: 1/31/2022 BEAUMONT Planning &Community Development Legal Description Plat D23,Tracts 24&25, F.Bigner Survey Number of Acres 2.24 Proposed Use Mini storage in proposed GC-MD-2 That the specific use will be The specific use will be that of a personal storage facility.The parcel compatible with and not injurious to to the Northeast is that of a Modica Brother's.The parcel to the the use and enjoyment of other South is undeveloped.This specific use will not diminish or impair property,nor significantly diminish or any surrounding property values. impair property values within the immediate vicinity That the establishment of the specific The use will not impede development of the surrounding parcels. use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, Adequate facilities are all existing. drainage and other necessary supporting facilities have been or will be provided The design,location and arrangement The parking spaces provided are designed to allow minimal traffic of all driveways and parking spaces impairment on the site.Although we have provided 3 parking spaces, provides for the safe and convenient most of the clients will have preregistered entry to the storage facility. movement of vehicular and pedestrian traffic That adequate nuisance prevention All measures will be taken to reduce any substantial noise. measures have been or will be taken to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be Lighting will be provided on the storage buildings to illuminate the provided so as not to disturb or drive areas.These lights will be directed in a way that there will not adversely affect neighboring be any adverse impacts to the traffic along Concord. properties That there are sufficient landscaping A landscape buffer will be placed as shown on the site place ensuring and screening to insure harmony and adequate screening of the adjacent property. compatibility with adjacent property That the proposed use is in The proposed use will be in accordance with the Comprehensive accordance with the Comprehensive Plan. Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2022-48 Printed On: 1/31/2022 ill: ,II, III Sk V3onsu �i TEXAS REGISTERED FIRM H19541 City of Beaumont Planning and Zoning Demi Engman 801 Main Street, STE 210 Beaumont Texas, 11101 Januan.4 28 2022 RE: Concord Mini Storages LLG _ ______ _ Mrs. ____-____ - -------_ ____ -_. _________ - - _--- - -- --_�__ __ -----___ Engman, - My client is wishing to change the property zoning for the tracts of land located at 6030 and 6040 Concord Road from "NC" to the recommended "GCMD" or"GCM172" zone. This property consist of 2.2315 acres. Adjoining this property is the Modica Brother's to the Northwest and an empty lot to the Southeast (see location map). ,-...'' . ,..' •,,, / — ,�' I 1,- • s ''' �.''.'t ' , -FroPerty ;,,i-r.e , . _ , '- -r j v ocation .', �.- A ,L'qs Tac,L�'.n�gre,�,C.ni,ci ii— ,\_1, .1 1. ry %lij ~ a :t T ,Q� Jn f `eta �0 p30 COnCOU;Rd . � .w �.'� `,-' 'till '•. I. rat r ,4 d --_t.'_ ,2 , ti • ` 'Location Map Mr. Townley is wanting to construct a Mini storage facility that will encompass approximately 1 10 units. These will be self-serve personal storage units (non-combustible storage only). Electronic gates will be provided with a keypad that allows entry. A small office will be on the property that will service clients. This office will be open from 8:00am-5:00 pm Monday thru Friday. Screening will be added to all sides(privacy fencing and landscaping).The storm water runoff will be handled through a pipe system that will release into the 60" pipe under Concord Road. Sidewalks are existing. - Thank You, • r Pt. Samuel ountain, P.E. # 128432 Professional Civil Engineer/Project Manager Ph: (40q)-q26-4464 87 North IH 10 Suite 215, Beaumont, Texas 77707 Phone: (409) 926-4464 o Samuel.fountain@sandreonsultingengineers.com ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6030 AND 6040 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned NC (Neighborhood Commercial) District and RM- H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6030 and 6040 Concord Road, being Plat D23, Tracts 24 & 25, F. Bigner Survey, Jefferson County, Texas, containing 2.24 acres, more or less, as shown on Exhibit"A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2022. - Mayor Robin Mouton - octal) ands eighborh°°dgo a Genera mini ropert5' lro nl s .Density)to e Cer'nit t0 allow nest toeZ° Dwelling-1ti a d a speck Vs 2D0 Epp feet � ti`0122.4%• • -altiple�a y pwekling_2) o \ . 1 (gesiaentt _MultiplQ Fa ,�,, '`L-gena‘.: ercial l,.- • •,; oanm i sOrage' d x' e, Concord�i.n coxdg°a ,torag n plica-at. d 6040 Co ` 4 t 7- . . p 30an 1 , f , ca on: ,..I \, !, ,\IV.',,,'\;o‘a i iil 1‘l, likeilailo .-- K r f!S. P 4 s'�r'l' �'i 1 off 3 •- "tifri_ ,, 1 .s--'�' •'" I �rl 4Yi jai f1 "};1x , ,. l 0?.'4;1.4% ,,,,,,._„::::.,:,,,,,,,,;,‘:,::',",‘;. ..1.,.'.":‘.':,.:,,,,,:.,',,i.,, loy -." a r. Ll°k t 0i� .r ! / • • , • r C .," ' ' y� ,, rw; k+ _ d -b ' if i. r, ( r t� � ` c` Q� T Y a i f .. 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I 1 �•:_ �r - ,l OH�Y /,% W• v, TX REGLSTER£D P77d19] • r ` � �� S . f, PoRRE FOUNTAY _ / /fit``§• NOTFOR BIO➢/N6.PERFfIir, • :: ..;sli". ',.�:'.•• OR CONSTRVGTION • • :' \= T \. .:.,•(Y 11}� • No. IMISIOW@&1G PATE sy nc - . • ; PIF ..` / ri . d : I`' l7;4421f.wn/ a�>nr<"ra ..;;..:�i R �a1tS ' ? �p 1„ / �t` 4' 7---c LONGORD MINI STORAGES �a� 'r�t6 nth '•' • •' ,, Pvf-073O04 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6030 AND 6040 CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Samuel Fountain, on behalf of Concord Mini Storage, L.L.C. has applied for a specific use permit to allow a mini storage facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6030 and 6040 Concord Road, being Plat D23, Tracts 24 & 25, F. Bigner Survey, Beaumont, Jefferson County, Texas, containing 2.24 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a mini storage facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6030 and 6040 Concord Road, subject to the following conditions; • Adjust the location of buildings to meet minimum setback requirements; • Install landscaping to meet City Ordinance requirements; • Maintain or replace (as needed) the sidewalk along Concord Road; • Plans must be in compliance with Beaumont Fire codes; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a mini storage facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a mini storage facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6030 and 6040 Concord Road, being Plat D23, Tracts 24 & 25, F. Bigner Survey, Beaumont, Jefferson County, Texas, containing 2.24 acres, more or less, as shown on Exhibit "A,",is hereby granted to Concord Mini Storage, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Adjust the location of buildings to meet minimum setback requirements; • Install landscaping to meet City Ordinance requirements; • Maintain or replace (as needed) the sidewalk along Concord Road; • Plans must be in compliance with Beaumont Fire codes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2022. - Mayor Robin Mouton - nd - rk pod Cpm excial) a pxal h Geneic o�nC (.Se• ��to GC .t o alto* mini ne apx°pex�1 I�1.gheStpenc �sevexnv 2p° ue�t to ReZp it 10-0/ tang _2) and a gpe goo Feet Allill - ,.Z20 ol'il$� R�-8.u�tip�e. a i y Dwelling 0 ..., nay. c .. �`_ 0 • �• �es�den-1 ,- h4�e L•C. A '. l-eg1-`' 3 Q n1 • excVa ox g 5 .. C�4JU_ . ° 'ni st a oad 'iN�. "�"� .t xage• ncoxd o coxdR 1 0 .o p xcant' cog.- and 6 40 C n f, . ocati0n' 603 ., �:�,l \ f.`\, ;. �• " . , :t. *..( r ., t_y Y 4 t �v ; vizt Lv .,.,..,, „../t..,,.1 ;:i.f.:' ..."-.....litt.i%:','..,.:',",.!,: - '• : -" i - ...,., • ! xy ..:',\'''''''''''' ':-.-,'-''' .;•'-''''':1s,-,s.': '....: '•- tt,' } ' , ti . • •ter•-"r"`..a..r+ t �� - (rF1� -F C[l� r.V:• P rl �" t j 'C'1". be 1..s.-4 - ' .1-''. .!;', '..,,,• ; ':•;*. f $1)!..".'S,, ,,,.: „,.., -..,...,:,,, ,..,,,. 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'fir f 7 `S.t '`'. ,i 7i,' et2r , , 'fir;O "ff'." v�ryiqi{� _ _•., =� v• 1 y� ` r 2,Y CO Q Inj,Cy PP"T1�7i� y. + ." 1 k Lr. -+,r ,��,1 1- 4 "..`•s.lLr._ t,e.; tTr Lt •r, �j:.Y t.1.�r.,• • . .. `+O ,� 'tea tti ., pt."L `fr:' /6T . i..1- { •t'iY'l; , •- ,, �‘�, 9 ,.,,' C j RD� .. k� -eV"1 r ,' v sb] AF 7 t K i�,1, ' fur `i.t'' f - ''��,,r,�. -, `�_ •`'� ;�ti`{c 'tfit"•s A i�c I1r , �1r1 ar t 2 Yl C . f • { � 1 r • = �` 4 � r; t�, T ... •, j f.�,r1 !94: t �v ! .i • (.Ff ' ti� ,.,��... t • _ t i, it �E i}� 1 t� i.. 1 it .i�� t�� ail G,• Mp t`Y n,�, ;:C. ,� Ao_. .,‘,f, y 4t-. tf Y. r' '•i�,y pt F ti i` d ��Q1 • 3 • f,� } i. `� it i 1. �/j/�'/rj� � J•. fi 44)44 r' �+T3t• 'ter-,;,: ;' tt • � ' '�' . 1t C" 'S4 ,M1`�..%t{Ml'l 1.4 yy.�.�.'ici , r , a i. F r ;k y t f,Y•. L� ° k ,tit$ L k ice= o v?t Y g!?:& tl j .,,,-- .{. /y1� Ls t 4 y s. - tt OCkAl 1` LEGEND I • 1f' .. VAC s .. < .y\ , a 6 / • rA� } 3 � A.41, uime°sxawovewnumxv if i .el ......„.............___•• , .. • _ � r •�jj• . > W ..°......l.Nb�MEERU Seu..o W • 11 /4•!•,---, ".:•,:i • ..:,• .' - i. !� �'[r;4� ..., K'v �swue.MITERED AUL MONrAiN,P.& \II. /; rxe6T�a,wsz X I ��^� `` �``` ``` . .FOR RENS6.PER fi�L ,�•' NOf PoR 91DDIN6.PERHRS, Wi.11 ORCON9TRULTON yA�.,Sr I'ir5:I 7.. _ (.�` ; .I� •�:•y /L� MO. ISVSIOMI6511G WTa r r :"-t oci t .B, _ aum,_�11111iiillioiiiiirro.w.*.....,,,,,.,; \\\.A I,,:'.. ' f U0 �f„d `\� �.`'.‘ r�r: !�I � , �/�y7 qurn iiiiiiiiiiiiiiiiiiiiiiiiiiii-,4%;.A-Vslimolv. ---,4 r1ra /e/ �-c* CONCORD MINI STORAGES ��.:_:r4Qe a ` r !��`�r �' f • KW8,6040 COWARD RIAD •° :24J Al;# ' :, •• (o,. SITE LAYOUT • G.1,0 • .. .wa. o1f�]]3 ,� 2 March 1,2022 Consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR-H (Residential Conservation Revitalization- Historic) District located at 2005 Broadway Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR-H (Residential Conservation Revitalization-Historic) District located at 2005 Broadway Street. BACKGROUND Tanna LaFleur is requesting a Specific Use Permit to allow a healthcare training facility at 2005 Broadway Street. Students will be trained as nurse aids to provide care for the elderly. Hours of operation will be Monday—Friday, 9:00 a.m. to 9:30 p.m. Hands-on training will be conducted at a local nursing home. The parking lot for this property is paved across an existing alleyway. No parking should occur in the alleyway moreover, if and when the City's Public Works Department needs access to the alleyway,the approach will need to be moved to private property along 4th Street where City Engineering sees fit. At a Joint Public Hearing held on February 21,2022,the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a healthcare training facility in the RCR-H(Residential Conservation Revitalization-Historic)District with the following condition: 1. If and when Public Works needs access to the alleyway, the approach will need to be moved to enter on private property along 4th Street with location to be approved by City Engineering. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. If and when Public Works needs access to the alleyway,the approach will need to be moved to enter on private property along 4th Street with location to be approved by City Engineering. BEAUMONT Planning &Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name: healthcare training class Case#: PZ2022-43 Initiated On: 1/26/2022 4:57:14PM Location:2005 BROADWAY ST, BEAUMONT,77701 Individuals listed on the record: Applicant Tanna LaFleur Home Phone: 2005 Broadway#111 Work Phone: Beaumont,TX 77701 Cell Phone: 4094661311 E-Mail: tanna.lafleur@yahoo.com Property Owner Tyler Wharton Home Phone: 4099989510 Missing Address, City, State, or Zip Code.in People Work Phone: Cell Phone: 4099989510 E-Mail: Case Type:Planning and Zoning Page 1 of 3 Case#:PZ2022-43 Printed On: 1/31/2022 BEAUMONT Planning &Community Development Legal Description Lots 1-3, 12 and the east 1/2 of Lot 11, Block 7 McFaddin 2nd Number of Acres 0.77 Proposed Use Elite Evolution Skills&Training Center That the specific use will be At 2005 Broadway,the establishment of Elite Evolution Skills& compatible with and not injurious to Training Center will be conducted in a manner that will not diminish or the use and enjoyment of other interfere with any other establishments, businesses, neighbors or property,nor significantly diminish or adjacent properties.All classes will be conducted inside of the impair property values within the building in a classroom setting immediate vicinity That the establishment of the specific Elite Evolution Skills&Training Center is a classroom, laboratory use will not impede the normal and setting that provides training to students to care for our elderly orderly development and improvement population of good health, poor health,or with multiple co morbidities of surrounding vacant property; within the confines of their homes, nursing home, hospital or assistant living facility.All teachings will be conducted inside of the designated leased space in a classroom or laboratory setting.Actual hands-on-training will be at a local nursing home. Students will receive orientation on the expectation of their conduct, manners,and professionalism periodically.This includes but not limited to: loud voices,loud car radio systems on premises or in neighborhoods surrounding 2005 Brodway. That adequate utilities,access roads, Elite Evolution Skills&Training Center is provided a leased space by drainage and other necessary owner Tyler Wharton.This leased space has adequate lighting inside supporting facilities have been or will and outside provided by Entergy. Water utilities are provided by be provided adequate The City of Beaumont and sufficient with high water pressure and adequate drainage. The design,location and arrangement 2005 Broadway has an attached striped driveway for parking spaces. of all driveways and parking spaces Also there is an additional lot with space for additional parking if provides for the safe and convenient needed.The parking lot is striped with a directional arrow to indicate movement of vehicular and pedestrian the flow of vehicular movement.There is no adverse obstacles that traffic would impede the safety of disruption of the general public or adjacent developments. That adequate nuisance prevention Elite Evolution Skills&Training Center will not be conducting any measures have been or will be taken services that will result in any fumes,hazardous waste, dust, noise, to prevent or control offensive odor, vibrations or discharges fumes,dust,noise and vibration That directional lighting will be Directional lighting is adequate at 2005 Broadway.The exterior of the provided so as not to disturb or building has dusk to dawn lighting on each corner of the building.The adversely affect neighboring lighting does not adversely affect adjacent neighbors/properties. properties That there are sufficient landscaping 2005 has engaged in beautifying the property by adding landscaping and screening to insure harmony and to the frontage of the building,that can be visibly seen while driving compatibility with adjacent property by on 4th street. Landscaping consists of mulch,small shrub trees that assures harmony and compatibility with adjacent property. Case Type:Planning and Zoning Page 2 of 3 Case#:PZ2022-43 Printed On: 1/31/2022 BEAUMONT Planning &Community Development That the proposed use is in Elite Evolution Skills&Training Center will abide by codes and accordance with the Comprehensive regulations set forth by City of Beaumont building codes and planning Plan and zoning to obtain specific use permit. Notes: Case Type:Planning and Zoning Page 3 of 3 Case#:PZ2022-43 Printed On:1/31/2022 Tanna LaFleur 2005 Broadway Beaumont,TX 77701 • Business Model-Operations-Operational hours Elite Evolution Skills &Training Center will provide training to those in the community who seeks to provide and care for our elderly population.This training class will help lessen the gap of Nurse Aide shortage within the community of local nursing homes, hospitals, home health and hospice agency.It will also decrease the independence of governmental assistance as one seeks a higher education that will help support them and their families. Elite Evolution Skills &Training Center is a classroom,laboratory setting that provides training to students to care for our elderly population of good health,poor health,or with multiple co morbidities. A variety of skills will be learned and conducted inside of the building classroom or skills laboratory includes,but not limited to: proper hand washing, how to give a bed bath,how to transfer a patient from bed to chair,how to communicate, how to dress a patient after a stroke,how to feed,washing hair,and nail care. In the skills laboratory,students with practice a variety of skills on a non-human mannequin while in a hospital bed,wheelchair or sitting up to a chair.No expectations of any injuries while in training.No hazardous materials,supplies or products will be used.No blood containing skills will be conducted. Actual hands on human training will be conducted off premises at a local nursing home. Each class can hold up to 10 students maximum.Each student has an individual desk with social distancing.Each student will be required to wear a mask during training hours. Hours of office operations are Monday-Friday,8:00am to 5:00pm. Classroom operation: Day class: Monday-Friday 9:O0am-2:30pm Night class: Monday-Friday 5:30pm-9:30pm ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC. USE PERMIT TO ALLOW A HEALTHCARE TRAINING FACILITY IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) DISTRICT FOR PROPERTY LOCATED AT 2005 BROADWAY STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Tanna LaFleur has applied for a specific use permit to allow a healthcare training facility in an RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2005 Broadway Street, being Lots 1-3, 12 and the East 1/2 of Lot 11, Block 7 McFaddin 2nd, Beaumont, Jefferson County, Texas, containing 0.77 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a healthcare training facility in an RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2005 Broadway Street, subject to the following condition; • If and when Public Works needs access to the alleyway, the approach will need to be moved to enter on private property along 4th Street with location to be approved by City Engineering; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use:permit to allow a healthcare training facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a healthcare training facility in an RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2005 Broadway Street, being Lots 1-3, 12 and the East 1/2 of Lot 11, Block 7 McFaddin 2nd, Beaumont, Jefferson County, Texas, containing 0.77 acres, more or less, as shown on Exhibit "A," is hereby granted to Tanna LaFleur, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition; • If and when Public Works needs access to the alleyway, the approach will need to be moved to enter on private property along 4th Street with location to be approved by City Engineering. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2022. - Mayor Robin Mouton - PZ2022-43: Request for a Specific Use Permit to allow a healthcare training facility in the N RCR-H (Residential Conservation Revitalization -Historic) District Applicant: Tanna LaFleur Location: 2005 Broadway Street 0 100 200 I 1 I I Feet cC mos , ' LegendL lii hr I A + } l T M , I 4 ti ....ts. .. , 1.,., c, „..... _:./44 ,.__, r. .. * t. i .... ., . .. . , .„ , . ..i. . . ,., . ... . . _ „........4 ,.,:„, ,, } I ?; ,. .,, .0`1 4 ,v• , , >11 ,,`' • < RCRIH i(� 1„ " i ' :v a .; ;`RCR Hi u FP, 1--:.i.,,,,.• - ,. -- ),' + �•. RGR-H` it 'i"t. .r -{k jt, }r ', % - e 1 fib .'� i• > FI ," ! ,1 '' '� ! MA» • .• • '�. i • 1 'Lf1 5 ,, aI T , d�: --_x a^vr-- .4c}jw' , tj 1 , .y t,*41k1- -'" '?y•` " �y _ I 2 ^2. X t,Ll • n•.- ;.:P r3.'f .; P ,1:C ; • • 'ft- , s 1:e.Ae °,'f•-.`.• '.a'C•- ` a_y. r . v ,, F{ '`". 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Ii ; ..' .•,. ..., ••.•a ..... j --, __ ----I 'Oil=III 9 . , '4-9 i\vm pniq . • 3+ m N 3 March 1,2022 Consider a request for a Specific Use Permit to allow an adult daycare in the RM- H (Residential Multiple-Family Dwelling—Highest Density) District located at 1945 Sarah Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, CityManager PREPARED BY: Chris Boone, & Community Development Director MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an adult daycare in the RM-H(Residential Multiple-Family Dwelling— Highest Density) District located at 1945 Sarah Street. BACKGROUND Jalaina Martin is requesting a Specific Use Permit to allow an adult daycare at 1945 Sarah Street. This property received permission and operated as an adult daycare from 1986 until around 2016, according to the Polk directory. From about 2017 to 2021, Suga Mama's Sweets occupied this location. Ms. Martin would like to reestablish this property as an adult daycare. Hours of operation will be 7 a.m.-6 p.m. Monday through Friday. Breakfast, lunch and snacks will be provided. The property has changed uses over time and will need to be brought up to code with current City parking and ADA(Americans with Disabilities Act)requirements. If parking is expanded to meet City requirements, landscaping will need to be updated to meet current City requirements as well. As this property is adjacent to residential properties on all sides, an eight (8) foot tall, wood or masonry fence will be required along the east, south and west property lines. In addition, as this property has not been an adult daycare in several years, the Fire Department will need to inspect the property and all deficiencies must be corrected. Likewise, as food will be served,the property must meet all requirements of the City Water and Health Departments. At a Joint Public Hearing held on February 21,2022,the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow an adult daycare in the RM-H (Residential Multiple-Family Dwelling—Highest Density) District with the following conditions: 1. Parking must be brought up to City and ADA standards. 2. Landscaping must meet City requirements if the parking lot is expanded and screening is required along the east, south and west property lines. 3. This property must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow,pre-treatment, and/or F.O.G. program. 4. Property must be brought into compliance with City Fire Department. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Parking must be brought up to City and ADA standards. 2. Landscaping must meet City requirements if the parking lot is expanded and screening is required along the east, south and west property lines. 3. This property must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow,pre-treatment, and/or F.O.G. program. 4. Property must be brought into compliance with City Fire Department. EA B UONT Planning &Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use Permit Tag Name: United Hands Adult Day Center Case#:PZ2022-28 Initiated On: 1/24/2022 12:53:02PM Location: 1945 SARAH ST, BEAUMONT,77705 Individuals listed on the record: Applicant Jalaina Martin Home Phone: 2203 Levant Lane Work Phone: Baytown,Tx 77523 Cell Phone: 4092230892 E-Mail: jalainamartin@yahoo.com Property Owner Alicia Crawford Home Phone: 4094661658 4410 concord rd Work Phone: Beaumont,Tx 77706 Cell Phone: E-Mail: • Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2022-28 Printed On:1/31/2022 BEAUMONT Planning &Community Development Legal Description Plat B-6,Tract 4E,J.W. Bullock Survey,Abstract 7 Number of Acres 0.22 Proposed Use Adult DayCenter That the specific use will be United Hands Adult Day centers use will be compatible and not compatible with and not injurious to injurious to the use and enjoyment of properties within said vicinity. the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific The establishment will not impede the normal development of any use will not impede the normal and surrounding vacant properties. orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, Adequate utilities,access roads and necessary supporting facilities drainage and other necessary have been established. supporting facilities have been or will be provided The design, location and arrangement The driveway and parking lot design are safe for vehicular as well as of all driveways and parking spaces pedestrian mobility. provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention Adequate nuisance prevention measures will be taken to guarantee measures have been or will be taken zero disturbance for surrounding neighbors. to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be Directional lighting is in place in order to not disturb neighboring provided so as not to disturb or properties. adversely affect neighboring properties That there are sufficient landscaping New landscaping has been implemented. and screening to insure harmony and compatibility with adjacent property That the proposed use is in This location was previously an adult day center so the accordance with the Comprehensive comprehensive plan has and is currently met. Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2022-28 Printed On: 1/31/2022 SERVICE DESCRIPTION This Center's Adult Medical Day Care's goal is to be a non-residential facility that supports the health, nursing services ( medication reminders and administration, weight checks, Blood pressure checks and Vital signs checked) nutritional, social, and daily living needs of adults in a professionally staffed, group setting. It is to provide respite for caregivers and clients. Plus, provide a community-based alternative to institutionalization. Our goal is to provide adults with day to day care as well as transitional care and short- term rehabilitation following hospital discharge . Our goal is also to reduce depression caused by isolation and loneliness caused by living alone and provide age related companionship. We will provide cognitive and physical activities so that the participant can live longer at home alone or with caregivers in their own homes. This Adult Day Care will provide such services as help with showering, toileting, transferring, assist with walking, feeding, grooming, grocery shopping and escort to doctor's appointments and assist with ADL's. The center will address emergency situations such as having written procedures for handling emergencies by calling 911 . Also, the center will have portable emergency information files on each client containing their information as it relates to health files and emergency contact numbers, an Evacuation procedure, Procedures for handling nonmedical emergencies, including specific staff responsibilities. The above emergency procedures shall be reviewed with staff persons at least quarterly. Will we contract with a dietician to regularly maintain changing diets and new participants. We will also contract with a physical therapist for physical therapy. Planning and Zoning Department City of Beaumont To whom this may concern. Following are the required future business projection information for United Hands Adult Day Center with approval. Requested zoning area: 1945 Sarah St. Beaumont TX,77705 Days and Hours of operation: Monday-Friday 7am-6pm Monday 7am-6pm Tuesday 7am-6pm Wednesday 7am-6pm Thursday 7am-6pm Friday • United Hands Adult Day Center is a senior care facility with daily activities for seniors to engage in with peers as well as trained staff. We project to be a staple in our community for seniors to not only have the opportunity to spend an activity filled time with friends, but to have a second place to call home in a comfortable safe setting.Additionally daily Breakfast, Lunch and daily snacks will be provided to our seniors while at our facility. United Hands will also have Transportation to as well as from our establishment with handicap accessible transport. (See additional attached Service Description for a more detailed breakdown if applicable) Our projected number of employees will be a total of eight (8). ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC. USE PERMIT TO ALLOW AN ADULT DAYCARE FACILITY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1945 SARAH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jalaina Martin has applied for a specific use permit to allow an adult daycare facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 1945 Sarah Street, being Plat B-6, Tract 4E, J.W. Bullock Survey, Abstract 7, Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planningand ZoningCommission of the Cityof Beaumont considered the request and is recommending approval of a specific use permit to allow an adult daycare facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 1945 Sarah Street, subject to the following conditions; • Parking must be brought up to City and ADA standards; • Landscaping must meet City requirements if the parking lot is expanded and screening is required along the east, south and west property lines; • This property must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or F.O.G. program; • Property must be brought into compliance with City Fire Department; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an adult daycare facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an adult daycare facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 1945 Sarah Street, being Plat B-6, Tract 4E, J. W. Bullock Survey, Abstract 7, Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less, as shown on Exhibit "A," is hereby granted to Jalaina Martin, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition; • Parking must be brought up to City and ADA standards; • Landscaping must meet City requirements if the parking lot is expanded and screening is required along the east, south and west property lines; • This property must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or F.O.G. program; • Property must be brought into compliance with City Fire Department. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas.Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of-Beaumont this the 1st day of March, 2022. - Mayor Robin Mouton - I'Z2022-28; Request for a Specific Use Permit to allow an adult da ca 'esidential Multiple-Family Dwelling—Highest Density)District. y re in the RM-H rl • pplicant: Jalaina Martin I ocation: 1945 Sarah Street 0 100 200 300 400 'E1 Fry a,�,•` `q' i i ::',, i%v],1' ,`x,• C,i!4i•vit' - i y...), �.I RM"H 7",'•^`r'''''_'." t.q- :-.1 ,,.�... _ Feet c�' H6T'a.fF 3�viy...t kc 4,41 w 1• ' X a }{ �� • '� ��.�� s I j :.r �. SIC '� ,� -, ik k, i �1 1 1,4•,,-.. � A'7 �-- Le / • r� Z : v r- ? +t • � 1. 'e.:Jr, t' i , , s gendr RM;H 1 �, ri . • 1 P¢ ,6 • I,I ,- i• • .�.. I r. �' i. .�J YZS� r t. r:�• --� . K- 4.0.x4, r, 1::LELA ..-i.�,I,�t .; ,:---,4'`.w ,xtit L°T R "H� '-' R`r C1k l: krr O. i',. 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'�^ • !f�9 1 !� f , 't �„y + 1 { t _ -le.* •• �� fr r•e5--•, a � N�' {_':j R��.�a :� e,+44;., --r7 � � a • i! {r p.. j}l t "�q` al ' • �, t+� 4a 1` 11'Y a 4�F�1 i ' "4 r.t}1 ,, ' ,4,/:: ,, „, ham, "0 `i �t� Aki.tii`g!-11 ,'5 . .'�r_ t.: `�C,F". r :Air�4� 1 +' ,� T aLR S+ T '.m ,i ▪ r, : 11+ ' p wR S s.: 1'' Sr f•t .`,ram'• R1J `�. Y• r �2•— Re t, rn .ZP[p/z ` r'-' S! . 't r Ilr'7' t I • ad �' �;�1 ` tf • ' 177 f' t° F[ ^'1_ '.ii S,f a4.� 1. C-J9, r {L„5 In I.:. 1 F. .: J _� U-_ i} -- y ?w1+}rf+/ {t,• f (n /[Y r --� �' -�-' Sr !.'J t• IL�. U6 J7 L ri.; %' `i. ;1v"I f J; `'.--i l '�,— '; t r,1. i �� i .•.1 , `, ,� ; �. ' n °- . ▪ il'',' M LDREDi�ft H 11 ,}1. f`FPytl ` . / ��ir �1' F it}> lf�yT t �: r {-'if� . y �E 'F .. 1^c,i ..1.11, y !' ! 1 __t . r sµ 1? �. yi.� 1 Sc ▪�t,, 1 __.-.•�iF 1 / tom ' � ,i'. iu r . rs let EX li .. ,-,F-1..'1� '� EXHIBIT "A" SITE PLAN: N AdOtess: 1945 Sarah St NW NE • City State, ZIP: Beaumont, TX 77705 _ E Country:. USA MS* SW SE Scale lfr:201 SSE • • • • • Sarah St • • .• • G7' P 3te • • -Ptzt. 3 7 g a • • : • grass concrete • It concrete 1945 House ,. 24' a 0 a. • . q. I., 113_0 r.p.SS; U _ Propeçtyline ",! •• • • EXHIBIT "B" • 4 March 1,2022 Consider approving a three-year contract with WorkQuest for grounds maintenance and litter removal in the Central Business District and other specified areas throughout the City BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 1, 2022 REQUESTED ACTION: Council consider a resolution approving a three-year contract with WorkQuest for grounds maintenance and litter removal in the Central Business District and other specified areas throughout the City. BACKGROUND WorkQuest(formerly Texas Industries for the Blind and Handicapped {TIBH}) utilizes private not-for-profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont, will be providing the services to the City on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services to the City for the past twenty five (25)years. Grounds maintenance services include mowing, edging, sweeping and litter removal for the Central Business District and other specified areas throughout the City. Under the current agreement for the Central Business District,the cost to the City is a total annual estimated cost of$169,754.40 for FY 21. The new proposed annual cost of$175,651.68 provides for an approximate 4% increase. Services for heavy cleanups will have no increase, maintaining the $29.50 per hour rate with a 4-hour minimum. There is no increase in price allowed for the term of the contract. Pricing covers all material, labor, and equipment for BPS to provide this service to the City. The agreement is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a three (3) year agreement with WorkQuest for the purpose of grounds maintenance and litter removal services in the Central Business District and other specified areas throughout the City in the estimated annual amount of$175,651.68, as shown in Exhibit "A" attached hereto and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED THAT Beaumont Products and Services (BPS), of Beaumont, Texas, will be providing the services to the City on behalf of WorkQuest; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute an agreement with WorkQuest for the purposes described herein. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2022. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT FOR FURNISHING GROUNDS MAINTENANCE AND LITTER REMOVAL FOR THE CENTRAL BUSINESS DISTRICT AND BEAUMONT MUNICIPAL AIRPORT THIS AGREEMENT is made and entered into by and between the CITY of BEAUMONT,TEXAS (City),a municipal corporation,hereinafter referred to as"City",and"WorkQuest",a State of Texas agency,hereinafter referred to as"WorkQuest",and Beaumont Products&Services,Inc.,hereinafter referred to as"Contractor". Therefore,City,WorkQuest,and Contractor agree as follows: WITNESSETH 1.0 It is the intent of the City to contract with a private not-for-profit state-certified workshop as provided by the State of Texas for furnishing grounds maintenance and litter removal services for the City's Central Business District(CBD)and Beaumont Municipal Airport. 2.0 This Agreement shall be in effect for a period of three(3)years beginning(Dates to be determined). The pricing shall remain the same for all three(3)years. 3.0 The Contractor shall furnish all labor,materials,equipment,and supplies required to perform grounds maintenance and all other requirements of the Agreement in a complete,timely,safe,and professional manner during the duration of the Agreement. The omission of specific reference to any materials or labor necessary for such a job shall not be interpreted as relieving the Contractor from furnishing said materials or labor. 4:0 Services to be provided,as defined and specified in the Scope of Work,attached,are as follows: - 1 - MF0222-28 Agreement EXHIBIT "A" 4.0 Services to be provided, as defined and specified in the Scope of Work,attached,are as follows: 4.1 Litter Removal 4.2 Mowing 4.3 Edging/Weed Eating 4.4 Sweeping/Blowing 5.0 Services shall be provided according to schedule requirements specified in the Scope of Work (SOW),excluding official City holidays which include: 5.1 Labor Day 5.2 Thanksgiving Day 5.3 Day after Thanksgiving 5.4 Christmas Day 5.5 New Year's Day 5.6 Martin Luther King,Jr.Birthday 5.7 Good Friday 5.8 Memorial Day 5.9 Juneteenth 5.10 Independence Day 5.11 Veterans Day 6.0 The Central Business District shall be defined as the areas listed or shown in Exhibits A and B. 7.0 Beaumont Municipal Airport shall be defined as the area located at 455 Keith Rd., Beaumont,Texas 77713. 8.0 It shall be the responsibility of the Contractor to ensure the safety of its employees and citizens while in the performance of this Agreement. Contractor shall ensure each worker is provided with an identifiable standard uniform during each working day. Each employee shall wear brightly-colored safety vests while on City rights-of-way. The operation of all equipment shall be done in a manner that is not hazardous to persons in the designated areas or the operators. -2- MF0222-28 Agreement 9.0 The contractor may not erect,place, alter,or remove any buildings,covers,signs,slabs, driveways,roads,or facilities of any nature without the prior written consent of the City. Such facilities shall become the property of the City of Beaumont upon termination or expiration of this Agreement. The Contractor shall not use premises or facilities for activities or storage not specifically allowed herein without written approval of the City. 10.0 Contractor shall have access to a storage area for purposes of conducting activities associated with this Agreement. Contractor shall be responsible for maintaining this area. 10.1 Contractor shall exercise due and prudent care in storage and use of any hazardous materials,fuel,etc.,including security of such. 10.2 Maintenance and repair of equipment used by Contractor in the performance of this Agreement shall be the responsibility of the Contractor. Contractor shall avoid major maintenance and repair activities in public areas and,where applicable, shall perform such activities in the identified storage areas or at locations not on the property. 11.0 The City shall have the right,but not the duty,to inspect,audit, copy,and examine all books and records of the Contractor pertaining to its performance of services and obligations to the City under this Agreement. 12.0 The Contractor may not assign any portion of this Agreement to another party or parties without written approval of the City Manager or his designee of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 13.0 This Agreement,including all Attachments and Exhibits, and the City's Purchase Order,shall constitute the entire understanding of the parties here to with respect to the subject matter hereof, and no Amendment,modifications,or alteration of the terms shall be binding unless the same be in writing,dated subsequent to the date hereof,and duly executed by the parties hereto. -3 - MF0222-28 Agreement 14.0 LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY,DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS,AGENTS,AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION,AND DAMAGES OF EVERY KIND,FOR INJURY TO OR DEATH OF ANY PERSON AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT,AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR ITS OFFICERS,AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY REGARDLESS OF WHETHER THE CLAIM, DAMAGE,LOSS, OR EXPENSE IS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE. Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors and employees for damages covered by the workers' compensation and employers liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement,where permitted by law. This waiver must be stated on the City's approved Certificate of Insurance. The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor,including,without limitation,liability under the indemnity provisions of this Agreement. Damages recoverable by City from Contractor or any third party will not be limited by the amount of the required insurance coverage. 15.0 INSURANCE REQUIREMENTS 15.1 The Contractor shall at all times during the Agreement maintain in full force and effect insurance naming the City of Beaumont as additional insured on the policies for Commercial General Liability and Automobile Coverage as provided in Attachment"A". An original certificate of insurance shall be furnished to the City by the insurance company providing the coverage or its agent prior to the commencement of work by the Contractor and shall provide that the City shall receive thirty(30) days'prior written notice before any change or cancellation of any policy. -4- MF0222-28 Agreement 15.2 All of the insurance costs shall be borne by the Contractor. Should any insurance required by the Agreement lapse,the Contractor shall immediately cease all operations as of the time and date of such lapse and shall not resume any operations until authorized in writing by the City. If the lapse period extends fifteen(15)days,the City may terminate the Agreement and the Contractor shall be in breach of this Agreement. Should the City of Beaumont receive notices of insurance cancellation three(3)or more times within a twelve(12)month period,the City may cancel this Agreement. 16.0 CONTRACT TERMINATION 16.1 Either the City or the Contractor may,upon sixty(60)days' written notice,terminate the contract for reasons of convenience. Said termination on behalf of the City shall be by the City Manager or his designee. 16.2 The City,besides all other rights or remedies it may have,shall have the right to terminate this Agreement upon five(5)days' written notice of the Contractor fails to perform the Scope of Work as herein provided. The decision to terminate shall be at the sole discretion of the City Manager or his designee. 16.3 In addition,the City shall have the right to terminate this Agreement if the Contractor breaches this Agreement by other means,including the following: 16.3.1 By failing to pay insurance premiums, liens,claims or other charges. 16.3.2 By failing to pay any payments due the City, State,or Federal Government from the successful bidder or its principals,including,but not limited to, payments identified in this Agreement or any taxes,fees,assessments,or liens. 16.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 16.3.4 By violation of any provision or non-performance of the Agreement. -5 - MF0222-28 Agreement 16.4 Upon termination or expiration of this contract,the Contractor shall be permitted five(5) working days to remove Contractor-owned material and equipment from the City's premises. Materials and equipment not removed within the specified time shall become the property of the City. 17.0 The relationship of the Contractor to the City shall be that of an independent Contractor, and no principal-agent or employer-employee relationship is created by this Agreement. By entering into this Agreement,the Contractor acknowledges that it will,in the performance of its duties under this Agreement,be acting as an independent Contractor and that not officer, agent,or employee of the Contractor is entitled to any of the benefits and privileges of a City employee or officer under any provision of the statues of the State of Texas or the Charter and Ordinances of the City of Beaumont. 18.0 NOTICES Any notice which City or Contractor may require or desire to give to the other shall be in writing and shall be sent by registered or certified mail to the following respective addresses: CITY: City Manager City of Beaumont P. O.Box 3827 Beaumont, TX 77704 STATE AGENCY: Deidra Davis,Market Representative WorkQuest 119 North Street, Suite H Nacogdoches,TX 85961 CONTRACTOR: Steve Havard,Executive Director Beaumont Products&Services,Inc. 1305 Washington Blvd. Beaumont, TX 77705 All notices shall be deemed given on the date so delivered. Either party hereto may change the above address by sending written notice of such change to the other in the manner so provided herein. -6- MF0222-28 Agreement 19.0 For any information concerning this contact please contact: Christy Williams,Buyer II Finance Department/Purchasing Division City of Beaumont Physical Address: 801 Main St., Suite 315,Beaumont,TX 77701 Mailing Address: P.O.Box 3827,Beaumont,TX 77704-3827 Phone#(409) 880-3758 + Fax#(409) 880-3747 E-mail: Christy.williams@beaumonttexas.gov -7 - MF0222-28 Agreement SCOPE OF WORK 1.0 For the purposes of this Agreement,the Contractor shall perform the work specified herein as to scope and schedule for the Central Business District as listed or shown in Exhibits A and B,and the Beaumont Municipal Airport. Contractor shall establish and provide to the City a weekly work schedule showing all areas to be maintained. 2.0 CENTRAL BUSINESS DISTRICT Work to be performed in the areas of the Central Business District shall include: > Mowing > Edging/Weed Eating > Sweeping/Blowing > Litter Removal 2.1 MOWING—shall consist of regular cutting of grass and turf areas. All mowing equipment shall be equipped with sharp blades so as not to tear,but cleanly cut,the blades of grass. All grass shall be cut at a maximum height of two inches(2"). Upon completion,a mowed area shall be free of clumped grass and tire tracks or ruts from the mowing equipment. Turf shall be cut evenly,without scalped areas or areas of uncut grass. 2.2 EDGING/WEED EATING—shall be performed to keep all curbs,gutters,sidewalks, and paved areas free of grass and weeds,including curb and gutter lines and joints in the sidewalk. Edging/Weed Eating shall occur on the same day as mowing for any area. Grass exceeding two inches(2")in height around signs, fence lines,trees,poles,and other obstacles,shall be removed by monofilament trimming. Contractor shall be responsible for all equipment,materials,and supplies for such cultivation. Bed edges abutting buildings,concrete,or paved areas shall be kept clean and well defined. The City reserves the right to install additional landscaping at its own expense,with maintenance to be the responsibility of the Contractor. -8 - MF0222-28 Agreement Edging/Weed Eating may be accomplished by the use of an approved herbicide. Prior to using an herbicide, Contractor shall obtain written permission for the use of herbicides from the City,and shall provide to the City all material data sheets, and provide proof of each applicator's certification to administer pesticides and herbicides in the State of Texas. All herbicides shall be applied according to manufacturer's specifications. Pesticides and herbicides must be administered in accordance with all laws,rules,and regulations pertaining to its application. Edging/Weed Eating may also be accomplished by mechanical edging to a one inch(1") depth and one fourth inch(1/4")width using a metal blade exposing the concrete surface. Edging/Weed Eating and maintenance of edge shall use a vertical cut approach. All material dislodged by edging/weed eating must be removed from the site prior to the exit of the work crew from the immediate work site. Sidewalks must be edged on both sides. 2.3 SWEEPING/BLOWING—shall be provided to keep all paved areas reasonably free of debris. All walks shall also be swept and debris removed from the site. Debris removal shall always occur on the same day as mowing and edging/weed eating. Cleaning of paved areas and sidewalks shall include,but not be limited to,removal of bird droppings. Work at City Hall location shall be performed at 7:00 A.M.,Monday through Friday. 2.4 LITTER REMOVAL—shall include all trash and litter,including downed tree limbs three inches (3")in diameter or less,from the entire work area prior to initiating any mowing of the turn areas. All trash and litter removed shall be disposed of by the Contractor to an off-site location in accordance with local,state,and federal laws. Contractor shall be responsible for landfill fees. Any trash and litter cut or broken during maintenance operations shall be completely removed from area prior to the exit of the work crew from the immediate work site. Litter shall be removed from all areas a minimum of three(3)times per week: Monday, Wednesday,and Friday. Contractor shall remove and replace litter bags in the City trash containers a minimum of three(3)times per week,unless otherwise directed by the City. When containers are emptied,Contractor shall replace with new plastic trash liners. Contractor shall be responsible for furnishing all trash liners and for the removal and disposal of all trash. Landfill fees are the responsibility of the Contractor. -9- MF0222-28 Agreement Locations of Additional Sites to Contract ` t Grounds Maintenance and Litter Removal for the CentraIBusiness District Location Number of Containers Neches St. 4 Containers Park St. 4 Containers Orleans St. 4 Containers Pearl St. 10 Containers Main St. 6 Containers Fannin St. 3 Containers 3.0 BEAUMONT MUNICIPAL AIRPORT Work to be performed in the area of the large ditch that runs from the railroad tracks by Highway 90 to the railroad tracks at the north end of the property up to the fence line of the Beaumont Municipal Airport,as well as lawn maintenance in front of the main administration building. Work shall include: > Mowing > Edging/Weed Eating > Sweeping/Blowing > Litter Removal 3.1 MOWING—shall consist of regular cutting of grass and turf areas. All mowing equipment shall be equipped with sharp blades so as not to tear,but cleanly cut,the blades of grass. All grass shall be cut at a maximum height of two inches(2"). Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from the mowing equipment. Turf shall be cut evenly,without scalped areas or areas of uncut grass. - 10 - MF0222-28 Agreement 3.2 EDGING/WEED EATING—shall be performed to keep all curbs,gutters,sidewalks, and paved areas free of grass and weeds,including curb and gutter lines and joints in the sidewalk. Edging/Weed Eating shall occur on the same day as mowing for any area. Grass exceeding two inches(2")in height around signs,fence lines,trees,poles,and other obstacles, shall be removed by monofilament trimming. Contractor shall be responsible for all equipment,materials,and supplies for such cultivation. Bed edges abutting buildings,concrete, or paved areas shall be kept clean and well defined. The City reserves the right to install additional landscaping at its own expense,with maintenance to be the responsibility of the Contractor. Edging/Weed Eating may be accomplished by the use of an approved herbicide. Prior to using an herbicide, Contractor shall obtain written permission for the use of herbicides from the City, and shall provide to the City all material data sheets,and provide proof of each applicator's certification to administer pesticides and herbicides in the State of Texas. All herbicides shall be applied according to manufacturer's specifications. Pesticides and herbicides must be administered in accordance with all laws,rules,and regulations pertaining to its application. Edging/Weed Eating may also be accomplished by mechanical edging to a one inch(1") depth and one fourth inch(1/4")width using a metal blade exposing the concrete surface. Edging/Weed Eating and maintenance of edge shall use a vertical cut approach. All material dislodged by edging/weed eating must be removed from the site prior to the exit of the work crew from the immediate work site. Sidewalks must be edged on both sides. 3.3 SWEEPING/BLOWING—shall be provided to keep all paved areas reasonably free of debris. All walks shall also be swept and debris removed from the site. Debris removal shall always occur on the same day as mowing and edging/weed eating. Cleaning of paved areas and sidewalks shall include,but not be limited to,removal of bird droppings. Work at City Hall location shall be performed at 7:00 A.M.,Monday through Friday. 3.4 LITTER REMOVAL—shall include all trash and litter,including downed tree limbs three inches (3")in diameter or less,from the entire work area prior to initiating any mowing of the turn areas. All trash and litter removed shall be disposed of by the Contractor to an off-site location in accordance with local,state,and federal laws. - 11 - MF0222-28 Agreement Contractor shall be responsible for landfill fees. Any trash and litter cut or broken during maintenance operations shall be completely removed from area prior to the exit of the work crew from the immediate work site. 4.0 SCHEDULE FOR PERFORMANCE Contractor shall furnish the City with a weekly work schedule indicating the areas that will be maintained according to the requirements for each area shown in Exhibits A and B and Beaumont Municipal Airport. 4.1 Contractor shall not be required to maintain personnel at the Central Business District or the Beaumont Municipal Airport on a regular time schedule. However, Contractor shall be available for service calls as necessary between the hours of 7:00 A.M. and 5:00 P.M., Monday through Friday. 4.2 Contractor shall respond to all requests for maintenance,repair, and investigation as identified in this Agreement as soon as practical. In cases where Contractor is required to perform services as identified in this Agreement, such services shall be performed within twenty-four(24)hours. 4.3 City will make available a list of scheduled and unscheduled recreational events during the course of the year for proper maintenance scheduling. The exact number of events cannot be given for any upcoming year. Events held on weekends will require Contractor to perform maintenance to the appropriate area prior to the event. Normal maintenance work may not be provided on the days on which events are scheduled. The City reserves the right to rearrange Contractor's work schedule if necessary to accommodate event dates. 4.4 If the Contractor is unable to perform mowing services due to excessive water retention on the grounds,then the City's representative shall be contacted. A final determination will be made by the City's representative about mowing the area in question. 4.5 The City retains the right to inspect and order work to be corrected as needed. - 12- MF0222-28 Agreement 4.6 Mowing and edging/weed eating shall occur once every five(5)working days during the growing season. Mowing and edging/weed eating shall occur every ten(10)working days during the non-growing season. > Growing Season is defined as March through October 31. > Non-growing season is defined as November 1 through February 28. 4.7 Contractor shall have access to a storage area for purposes of conducting activities associated with this contract. Contractor shall be responsible for maintenance of this area. Contractor shall exercise due and prudent care in storage and use of any hazardous materials,including security of such. 5.0 FULFILLMENT AND PAYMENT 5.1 The City agrees to pay WorkQuest upon receipt of monthly invoices for services performed satisfactorily. Such payment by City to Vendor shall be made in accordance with the requirements of Texas Government Code §2251.021. The City shall have the right to refuse payment for work not satisfactorily completed. 5.2 The Contractor shall submit an accurate invoice within five(5)working days from the date of delivery. 5.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. 5.4 Contractor shall submit SEPARATE INVOICES for: > Grounds Maintenance—Central Business District > Grounds Maintenance—Beaumont Municipal Airport - 13 - MF0222-28 Agreement 5.5 All other invoices shall be mailed to: ATTN: Accounting Division City of Beaumont P. O.Box 3827 Beaumont,TX 77704 -OR- All other invoices may be submitted via email to: invoices@beaumonttexas.gov 5.6 Faxed invoices will not be accepted. 6.0 FUNDING Funds for payment are provided by the City of Beaumont budget approved by City Council for each fiscal year only. The State of Texas statues prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of each current City of Beaumont fiscal year will be subject to budget approval. - 14- MF0222-28 Agreement A. Table Below Denotes Monthly and Annual Cost to the City for the Agreement: Location A Old`'Rate NEW RATE. Annual Cost' Central $14,146.20/mo. $ 14,637.64 $ 175,651.68 Business District Beaumont $990.00/mo. $1,010.00 $12,120.00 Municipal Airport B. Table below denotes cost for "As Requested Services" by the City for Scopes of Work not included in Agreement, that are Grounds Maintenance and Landscape related: }Labor for 'CoOld'Rate NEWiRATE ' 1VLnimum « „ Cost Per Worker ,`b As Requested ServicesCost per Hour.. Hours PerHrour 8 A.M.Monday— 5 P.M.Friday $29.50 $29.50 4 Hours 5 P.M.Friday— 8 A.M.Monday $34.50 $34.50 4 Hours - 15 - MF0222-28 Agreement IN WITNESS WHEREOF,City and Contractor have executed or caused to be executed by their duly authorized officers or agents this Agreement as of the day and year written below. CITY OF BEAUMONT: By: (Signature) Kyle Hayes,City Manager Printed Name: Kyle Hayes Date Signed: WORKQUEST By: (Signature) Deidra Davis,Market Representative Printed Name: Date Signed: BEAUMONT PRODUCTS AND SERVICES By: (Signature) Steve Havard,Executive Director Printed Name: Date Signed: - 16 - MF0222-28 Agreement ATTACHMENT"A" (Revised 10/12/2021) INSURANCE SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits (on a form approved and provided by the City), and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCHASING DIVISION,and no officer or employee of the City shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law,court decisions,or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense,insurance coverage written by companies approved by the State of Texas and acceptable to CITY,in the following type(s)and amount(s): TYPE AMOUNT 1. Workers'Compensation and Statutory Employer's Liability NOTE: For building or construction projects,and services provided at City-owned facilities,the successful Contractor shall meet the minimum requirements defined in the Texas Workers'Compensation Commission Rule 28 TAC§110.110 which follows this insurance attachment. 2. Commercial General(public)Liability including coverage for the following: a. Premises operations Combined single limit for bodily injury and b. Independent contractors and property damage of$500,000 per c. Products/completed operations occurrence or its equivalent with an aggregate d. Personal injury limit of$1,000,000. e. Advertising injury f. Contractual liability g. Medical payments h. Professional liability* i. Underground hazard* j. Explosion and collapse hazard* k. Liquor liability* 1. Fire legal liability* m. City's property in Contractor's* care,custody,or control n. Asbestos specific liability* * Not required for this contract 3. Comprehensive Automobile Liability Combined single limit for bodily injury and insurance,including coverage for loading property damage of$500,000 per occurrence and unloading hazards,for: or equivalent. - 17 - MF0222-28 Agreement a. Owned/leased vehicles b. Non-owned vehicles c. Hired vehicles 4. Errors and Omissions Provide a prudent amount of coverage for the insurance policy willful or negligent acts or omissions of any (when applicable) officers,employees or agents thereof. ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled,upon request,and without expense,to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion,revision,or modification of particular policy terms,conditions,limitations,or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY,CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages,and shall pay the cost thereof REQUIRED PROVISIONS CONTRACTOR agrees with respect to the above required insurance,all insurance contracts and certificate(s)of insurance will contain and state,in writing,on the certificate or its attachment,the following required provisions. a. Name,the City of Beaumont and its officers,employees,and elected representatives as additional insured(s),(as the interest of each insured may appear)to all applicable coverage. b. Provide for thirty(30)days'notice to City for cancellation,non-renewal,or material change. c. Provide for notice to City at the address shown below by registered mail. d. CONTRACTOR agrees to waive subrogation against the City of Beaumont,its officers,employees,and elected representatives for injuries,including death,property damage,or any other loss to the extent same may be covered by the proceeds of insurance. e. Provide that all provisions of this agreement concerning liability,duty,and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. For coverages that are only available with claims made policies,the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract,plus one(1)year(to provide coverage for the warranty period)and an extended discovery period for a minimum of five(5)years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty(30)days prior to the change,which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address: Purchasing Division City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 SECTION D. Approval,disapproval,or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy,insolvency,or denial of liability by the insurance company exonerate CONTRACTOR from liability. - 18 - MF0222-28 Agreement WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services Provided at City-Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28,§110.110 As required by the Texas Workers'Compensation Rule 28,§110.110,the Contractor shall accept the following definitions and comply with the following provisions: Workers'Compensation Insurance Coverage A. Definitions: 1. Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 2. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City of Beaumont. 3. Persons providing services on the project("subcontractor" in§406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent Contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project,for the duration of the project. C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Beaumont showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project,and provide to the City of Beaumont: 1. A certificate of coverage,prior to that person beginning work on the project, so the City of Beaumont will have on file certificates of coverage showing coverage for all persons providing services on the project;and 2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one(1)year thereafter. G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten(10)days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission,informing all persons providing services on the project that they are required to be covered, and - 19 - MF0222-28 Agreement stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project,for the duration of the project; 2. Provide to the Contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project. 3. Provide the Contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: a. A certificate of coverage,prior to the other person beginning work on the project;and b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one(1)year thereafter; 6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten(10)days after receipt of notice of breach from the City of Beaumont. As defined by the Texas Labor Code,Chapter 269,Section 406.096(e),building or construction is defined as: 1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; 2. Remodeling,extending,repairing,or demolishing a structure;or 3. Otherwise improving real property or an appurtenance to real property through similar activities. The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. -20 - MF0222-28 Agreement CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT To be Completed By Appropriate Insurance Agent and submitted with bid proposal .1 t Y'ii•f _. f �j -. I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Beaumont, I will be able to, within ten(10) days after being notified of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Agent(Signature) Agent(Print) Name of Agency/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone#: ( ) CONTRACTOR'S NAME: (Print or Type) NOTE TO AGENTBROKER ; is not Meeting the City has the right to invalidate the bid award and award the If this time requirement contract to the next lowest bidder specifications. Should an awarded bid be invalidated the Contractor may be liable for breach of contract. If you have any questions concerning these requirements,please contact the Purchasing Manager for the City of Beaumont at(409) 880-3720. -21 - MF0222-28 Agreement 1�r CERTIFICATE OF INSURANCE Form No.COB1 Edition Date:12/12/2018 Page 1 of 4 This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: City of Beaumont Reference: Project Name: Project Location: Phone: / Managing Dept.: Name and Address of Insured: Project Mgr.: Insurers Affording Coverages: Insurer A Phone: / Insurer B Prime or Sub-Contractor?: Insurer C Name of Prime Contractor, if different from Insured: Insurer D -22- MF0222-28 Agreement 19.1 Form No.COB1 CERTIFICATE OF INSURANCE Edition Date:12/12/2018 Page2of4 IN�SR 'TYPE OF INSURANCE " '��tiP.OL`ICY• POLICY EFF r POLICYEXP LIMITS OF LIABILITY: Lr11 q i�� NO DATE �' (MMIDD/YYYY) (MMIDD/XYYY) Commercial General Each Occurrence $ Liability Policy As defined in the Policy, does the Policy General Aggregate $ provide: Completed ❑Yes ❑ No — Completed Operations/Products Operations/ $ Products Aggregate CIYes ❑ No — Contractual Liability Personal& $ Advertising Injury ❑Yes CI No — Explosion Deductible or Self $ Insured Retention ❑Yes ❑ No — Collapse ❑Yes ❑ No — Underground ❑Yes ❑ No — Contractors/Subcontractors Work ❑Yes ❑ No — Aggregate Limits per Project Form - CG 2503 0509 or Equivalent ❑Yes ❑Yes ❑ No — Additional Insured Form (not construction)- CG 2010 1001 or Equivalent El Yes ❑Yes ❑ No — Completed Operations Additional Insured Form (construction only)- CG 2037 1001 or Equivalent 0 Yes El Yes El No — 30 Day Notice of Cancellation Form - CG 2804 1093 or Equivalent ❑Yes ❑Yes ❑ No — Waiver of Subrogation Form - CG 2404 0509 or Equivalent ❑Yes INSR TYPE OF INSURANCE a, POLICY POLICY EFF DATE POLICY EXP LIMIT OF I LABILITY LTR NO ' (MMIDDIYYYY) DATE Pollution/ Occurrence $ Environmental Impairment Policy Aggregate INSR TYPE OF INSURANCE POLICY POLICY EFF DATE POLICY�EXP LIMITS OFLIABILITY LTR " s NO (MMIDDIYYYY) DATA) (MMIDD p; Commercial Auto CSL $ _ _ __ Liability Policy As defined in the Policy, Bodily Injury $ does the Policy provide: (Per Incident) 0 Yes ❑ No — Any Auto Bodily Injury $ (Per Person) Property $ ❑Yes ❑ No — All Owned Autos Damage (Per Accident) -23 - MF0222-28 Agreement CERTIFICATE OF INSURANCE Form No.COB1 Edition Date:12/12/2018 Page 3 of 4 El Yes 0 No — Non-Owned Autos 0 Yes CI No — Hired Autos CI Yes 1:1No — Waiver of Subrogation - CA0444 0410 or Equivalent El Yes CI Yes CI No — 30 Day Notice of Cancellation - CA0244 or Equivalent 0 Yes 0 Yes CI No — Additional Insured- CA2048 or Equivalent 0 Yes D Yes El No JNSR TYPE OF INSURANCE POLICY POLICY EFF POLICY EXP LIMITS OF LIABILITY LTRNO DATE DATE • Excess Liability Occurrence 0 Umbrella Form 0 Excess Liability Follow FormAggregate ................................................ Workers EIStatutory Compensation & Employers Liability Each Accident $ As defined in the Policy, does the Policy provide 0 Yes 0 No — Waiver of Subrogation -WC420304 Disease- Policy Limit 1=IYes CI No — 30 Day Notice of Cancellation-WC420601 Disease- Each Employee ......................... Is a Builders Risk or Installation Insurance Policy provided? El Yes El No CI Yes El No — Is the City shown as loss payee/mortgagee? Professional Liability Each Claim As defined in the Policy, does the Policy provide: 0 Yes 1=INo — 30 Day Notice of Cancellation Deductible or $ Retroactive Date: Self Insured Retention -24- MF0222-28 Agreement Form No.C CERTIFICATE OF INSURANCE Edition Date:12/12/2018 Page 4 of 4 AGENT CERTIFICATION: THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect. Name of Insurance Company: Name of Authorized Agent: Company Address: Agent's Address: City: State: Zip: City: State: Zip: Authorized Agent's Phone Number(including Area Code): Original signature of Authorized Agent: X Date: CERTIFICATE HOLDER: DATE ISSUED: City of Beaumont P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE Beaumont, Texas 77704-3827 Licensed Insurance Agent Printed Name: -25 - MF0222-28 Agreement EXHIBIT "A" Map of Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 -26- MF0222-28 Agreement vtrianisorA,.-- .. v,,e .r, • a` • f 7 - 'r�-,A t g �,° : • '} , ". `• 1.Art Museum of Southeast Texas&Parking Lot ,rr 44-- ' b� ;I. 4 ,ray F �f ;, e a • Y0" } ' ` K �;, 2. Beaumont Public Library&Parkin .«�+ , Hai rAvvc -...y ' ' c•". ii,; a. , +:A F � '` }x . rt'S , .y rg SE g.Lot , a rf I� $.. 5 1 t . ,� ` e$ a# €'Bsx4(,:.� .. •:;, �� �- �y �r• 3.City Hall&Parking Lot. '• sinisr - rres limn � orinst � y 4.Civic Center&Parking Lot YL, „", ... ca ' ` i ` ` "... `� 5.Cypress St.Strip Behind AT&T And Entergy t • 4"9, xy. ;.y.,p..}E r • 8 3 ', � a • r a E.; .�ttpe, `, •;, ; , ;r -.•r : ; 3rakes Bayou 6. Rotary FountainlParking Lot fr s+C3R1�"J'r�:.�ram*r ,,.�g.. � i mr� 'c2ramud,t ' ,, .' Y Ma 7, Delia Harrington Plaza(Welcome To Beaumont Park) . ;,, A ,,' a `'; " , "�, IC':4 + 8.Italian Plaza tt 4Bsdad `.x • Jr,w ` . x t t,y, ,$ B } R � , ' + !g "+�� _ yv�,= <* ti$r 9.Julie Rogers Theatre&Parking Lot e e art ! i t. s:ra i ,, '" *,, it A )i ,;w. o s , r O+Y � ;\, `;. 10. Laurel St. Median t1%7L �o. ; •1Yit .'+. _ ;IN' `.' .K,; :;.ter t"' 1 . ` �, ��,y^a,, t > • e.,, ,-.AP- µ}lost 4 r M4q,� 11. Lynn Milam Noah Tevis Plaza �� ,' • : ' % * �, �•-,r 12. Main Street Boulevard , �d ` :" ,.� ,_- 4 ;.' 13. Neches and Laurel Island :•-,,r, s.r , y44” ,� '°U t+i , �1 :waxy' Pt , _ r-.r, f 4/'`,, !,i' ° i c�`��r`,, �% ," �t ''e? ' .�'� ;'�, . 4 •... a r 14.Park&Orleans Underpass �r „ • ' ,4 4: .�t r;-' "+ , 15.Police Department Building�..� . 4 x^Ns wI / ;-a :wtit {4���ka r �x�s;;'` u` r p 9 r �, k k ,�,,,. i . ,r s .5�r ,Z..—. sa r ,� r ' # 4 4 �i 16. Riverfront Park&Parking Lot riff . r Jr ,�.NJ .1 ., 1 d" ',i ., Ra•{ T :A / 'y.-- ..\.. r"�" « w' '• .^Sr i , d,;,. ,:�� Sa�$5 A ,l•'*' A:. ,' '� > 17.Scout Island f J `k �x - `�• x � a• �` �'� `' 18.Texas Commers Bank Island J n-;Y +''^A,i:fS�1i - '� j "t.. ,.�jt, r p ..-,EiNt�'' ,:.s l '• '.''xi ,., e,' ` .a04; a '$' ',*O`'A '° ` : 19.Tyrrell Historical Library � :� rY4. 4„- ' . ;> „� ,, v -� ,, % ,14r `�, '0 fit ; 20. Municipal Court • I t � 4 ' ., . �a �' 21.Fire Memorial ^'k 04 • y.1Jy a • :ca+7 ' �i; ,o,#'A 1.ryr • i? ` �,'�;.. .rE�a .x} s J R" . �+ [, ea.: `. .. .:.. ,�t. s .•. .•. r;,� crS'g _ n ...k >_ .wt .a,I a:ff: �i a t .> EXHIBIT "B" Locations and Instructions for All Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 -27 - MF0222-28 Agreement EXHIBIT B Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No.MF0222-28 , :L 'r livrv-RIIIINVWATnIV:414111tpr?-TY',11!6,*, .dt3.' ,,-ar; Ll':fi' dt.1 7,Llii'l:VIIV,kiiiiiigifl PIlltlilli(ATitik :.,.1.; *Oill',11:.A'IR•TH f':_i- is'we'i'l::..i:1' g'f:6:42#( tt'l I''''1't''''i::'''11°Y--'-''' - 'Same day mowing! 3 X Week,MWF 1:1'A;'',;-7i•;6;' ::':": ','"':' Texas&Parking Lot Weekly Weekly edging occurs ,,i_a_:.;.: 1 Art Museum of Southestg may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. litter from lawn 2 Beaumont Public Library&Parking Lot Weekly Weekly by 10:00 A.M. , 3 X Week,MWF, 3 X Week,MWF on the days that those occur. Remove as needed. , , -4: ' ,1';';;;;txr,_,,,tiIilf-41 Sweepingmay be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. Clean exterior as needed. Sweepingto be performed daily at 7:00 a.m. mowing/edgingdrafineprp Mow to min. 5 X Week,MTWTF, 5 X Week,MTWTF Remove bird droppings on areasprior to mowing/edging. toRermailrovneabdirtid 5 ft.outside Weekly by 7:00 A.M. exterior. Severely sloped areas adjacent 3 City Hall&Parking Lotentrance and sidewalks daily of fence line. performed after mowing/edging 0 ,,,•,,, _:71,,Sweeping may be Peghts of wnayfraceminCciltYudHedalimscidoentract Weekly 5 X Week,MTWTF, 5 X Week,MTWTF' ,',J,.±t71,,,, ,_,,z. _. Weekly by 10:00 A.M. 4 Civic Center&Parking Lotthe days that those occur. Remove litter prior to mowing/edging. Same day mow mowing/edging. ing/ 1 X Week 5 Cypress St.Strip Behind AT&T&Entergy Weekly Weekly edging occurs _ -_-if• ,Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to Clean exterior as needed. • Weekly Same day mowing/ 3 X Week,MWF Removextenoe bird droppings on Weekly edging occurs 6 Rotary Fountain/Parking LotSweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. 7 Delia Harrington Plaza Weekly Weekly eS.stnameg dnayeem insowing/ 3 X Week,MWF ,,;=:'_44,,, ..• ' •,,,;;;],::Sweeping may be performed after mowingiedgin. g on the days that those occur. Remove litter prior to mowing/edging. Beaumont ' (Welcome to Park) d 77,._ ','''','''1 '''!''1' 11:''l''':'1 m . Same day mowing/ 3 X Week,MWF p,F,ZatINIONIAIIMIM Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. Weekly vree'-'y edging occurs 8 Italian Plaza Clean exterior as needed. . bird droppings 3 X Week,MWF, 3 X Week,MWF Removeexterior. on Sweeping may Weekly Weekly by 10:00 A.M. mowing/edging. 9 Julie Rogers Theater&Parking Lot Remove litter prior to be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. Weekly Weekly 3 X Week mowing/edging. 10 Laurel St.Median/Island '''I:4'1•'::l'hrlkr li'Sweepingbe performed after mowing/edging on the days that those occur. Remove litter to mown' 3 X Week,MWF -_ i,f,:: ,H,-,-,-;,,1,A,'11, ;:.):',:i, Sweeping may be performed after mowing/edging on the days that those occur. prior . 3 X Week,MWF ,Alr,'MktO may Weekly Weekly 3 X Week 11 Lynn Milam Noah Tevis Plaza = . 12 Main Street Boulevard 3 X Week 3 X Week,MWF •,•'' "'±',,7,7-,',, :l4'':4;i'„ ''',:•',•1:1 • r,r, Sweeping may Same day mowing/ 3 X week,MWF ri 'll'7.41' ''-',;=--f,'-',.;..,,,-,, Weekly Weekly edging occurs 13 Neches&Laurel Islandbe performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. 11111041'4 1:F1.`'.-:•.-,P',K1',l Sweeping . Same day mowing/ 3 X Week,MWF !II.,i,,,,",Or'; 1H4`!k'"7-"...,'„,:,,:-,-, Weekly Weekly edging occurs 14 Parks&Orleans Underpass may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. 0 7,' ''',,l'''''1:'!"''L i '' • ',..1 Weekly 3 X Week,MwF, 3 X Week.MWF -,_,-;q,,i_1•7!,„,,;;,z,!;;; :t1,-;',",_,:-', . be performed Weekly by 10:00 AM. 15 Police Department Building ''' Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. after mowing/edging on the days ,,' e-5,-,-__,-_ 7,,','7,Sweeping may Weekly Weekly edging occurs Same day mowing/ 3 X Week,MWF --. ''' -_,-77i,,,bdit',„:4a5111 16 Riverfront Park&Parking Lot ;: , ,,K,7s-1,--Z It'110,111liAll'R . that those occur. Remove litter prior to mowing/edging. Ph ,'1,,''L.r II Sweeping may Weekly Same day mowing/ 3 X Week,MWF Weekly edging occurs 17 Scout Islandbe performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. ''." ' ' ''' ' '_Sweeping may be performed after mowing/edging on Weekly Same day mowing! 3 X Week,MWF i''L''''.,.".-';'7',-:--' ' "' '.--'•':----- ;", Weekly edging occurs 18 Texas Commerce Bank Islandthe days that those occur. Remove litter prior to mowing/edging. , , ,-f-t`Sweeping that those occur. Remove h, '-k:7-44';'',01.il'F.H,'">=-_ti•-1-,-"I'_ Weekly 3 X Week.MWF, 3 X Week,MWF ri,,,c--:',Nd'r.,,, Weekly by 10:00 AM. 19 Tyrrell Historical Librarymay be performed after mo • Wedging on the days litter prior to mowing/edging. •-.1-„-77,."''''''H.-=',,z,__ -__-;-; 20 Municipal Court ,- - l''-: 3 X Week 3 X Week,MWF ,;-_,'= ';•:.' "=•'-'••1"---:::',,:7'.; ,,'' ,, .,,'-';;7'7''',•"„,., ',.,'"17,.1,';- 711''''1 li'lirpP :-'-„, -.','.-!':,1 Sweepingm ,,, same day mowing/ 3 X Week,MWF -, ' -.," Weekly "ee—y 21 Fire Memorial may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. edging occurs END OF AGREEMENT Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 -28 - MF0222-28 Agreement