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03/22/2022 PACKET
BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MARCH 22,2022 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call • Proclamations Presentations and.Recognitions * Public Comment: Persons may speak on the Consent Agenda and Items 1-5 * 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 March 8, 2022 City Council Meeting Minutes B. Approve the purchase of ten traffic signal cabinets for use by the Traffic . Management Division C. Approve a three-year contract with WorkQuest for grounds maintenance and litter removal at bus shelter locations for the Beaumont Municipal Transit System.and ._ for the Henry Dannenbaum Transfer Center D. Approve a contract for the purchase of liquid polymer for use in the Water Utilities Department ' E. Approve a contract for elevator maintenance for use by the Facilities Maintenance Department F. Authorize the City Manager to execute Change Order No. 4, accept.maintenance, ' and authorize final payment to Viking Painting, LLC, for the West Elevated ' Storage Tank Rehabilitation Project G. Approve a resolution rejecting the bid received for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements Project H. Approve a resolution accepting maintenance of the street, sewer, and water improvements in Pine Glen Fifth Addition Subdivision Phase 2, Section 1 I. Approve a resolution accepting maintenance of the street, sewer, and water improvements in Pine Glen Fifth Addition Subdivision Phase 2, Section 2 J. Authorize the acceptance of a twenty foot wide Utility Easement for a water line, sewer force main and a sewer lift station located at 8630 Eastex Freeway K. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement for a water line located at 8630 Eastex Freeway REGULAR AGENDA 1. Consider a request to abandon a portion of a City street right-of-way located at 5555 College Street 2. Consider approving a contract for the purchase of liquid chlorine for use in the Water Utilities Department 3. Consider approving the purchase of an Itron fixed network software upgrade from Republic Meter, Inc. of Dallas to be used for digitally reading the water meters 4. Consider authorizing the City Manager to execute Change Order No. 2, to the contract with Placo, Ltd. for the Lift Station& WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project 5. Consider a request for a Driveway Permit to allow for a second driveway to serve 5770 Calder Avenue PUBLIC HEARING Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2022 Annual Action Plan COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. A . BEAUMONT TEXAS. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider approval of the March 8, 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 MARCH 8, 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 March 8, 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 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Rabbi Chava Koster with Temple Emanuel 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 Neild. Absent: Councilmember Feldschau. Also, present were Kyle Hayes, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the March 1, 2022, City Council Meeting Minutes B. Approve the appointment of Kevin Chase Engman as Assistant City Attorney III and setting his starting compensation - Resolution 22-073 C. Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Minutes—March 8,2022 Drainage District No. 6 for the proposed McLean Street Project - Resolution 22-074 D. Authorize the Beaumont Convention and Visitors Bureau to apply for grant funds fan the Jefferson County Tourism Commission for partial funding to construct a walking trail from the Tyrrell Park Nature &Visitor Center to the Cattail Marsh Wetlands- Resolution 22-075 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider amending the Collective Bargaining Agreement with Beaumont Firefighters' Local 399 related to pension contributions. On January 11, 2022, City Council held a special meeting to discuss the funding status of the pension plan for the Beaumont firefighters. A firm named GRS performed an actuarial study of the plan and determined that the current plan design was not sufficient to fully fund the plan within 30 years as required by State statute. GRS noted that changes in mortality tables and actual investment earnings less than the assumed rate of returns have contributed to the need of a plan design modification. Currently,the city contributes 16.5% of each employee's salary to the plan while the employees contribute 17.25%. The current CBA calls for the following City and employee contribution increases: - City will increase contributions to 17.25% beginning October 1, 2022 - City will increase contributions to 18% beginning October 1, 2023 - Employees will increase contributions to 18% beginning October 1, 2022 To fund the plan within 30 years, GRS recommends the following changes: Increase City contributions to 18.25% beginning October 1, 2022 - Increase City contributions to 20% beginning October 1, 2023 Increase retirement eligibility age from age 50 to age 55 for all new employees hired after January 1, 2022 - Lower the retirement benefit accrual percentage from 63.15% to 60% for all new employees hired after January 1, 2022 The firefighters held elections between February 21-23, 2022, to vote on the retirement eligibility age and the retirement benefit accrual percentage as required by their plan and it passed by a vote of 147 for the changes and 17 against the changes. The changes to the plan are contingent on Council approving the contribution rate for the city as detailed above. The estimated additional cost for the City in FY 2023 and FY 2024 will be $250,000 and $440,000, respectively. Funds will come from the General Fund. Approval of the resolution. Minutes—March 8,2022 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO ARTICLE XV PENSION OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE BEAUMONT PROFESSIONAL FIREFIGHTERS' LOCAL 399. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS, GETZ, TURNER AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER DURIO MOTION PASSED Resolution 22-076 2. Consider authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project. The Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project consists of work pertaining to repairing and rehabilitating the existing concrete walls for four sludge drying beds and other related appurtenances. On February 3, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $764,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Brystar Contracting, Inc. Beaumont, TX $795,600.00 Elite Contractors & Equipment Kirbyville, TX $941,680.00 ALLCO, LLC Beaumont, TX $1,184,838.00 BDS Constructors dba MK Constructors Vidor, TX $1,186,740.00 Based on a review of the bid and required documents received, the Water Utilities Department agrees with Schaumburg & Polk, Inc., and recommends awarding the project to the lowest bidder, Brystar Contracting, Inc., in the amount of $795,600.00. A total of 120 calendar days are allocated for completion of the project. Funds will come from the Capital Program. Approval of the resolution. Mayor Pro Tem Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRYSTAR CONTRACTING,INC.,OF BEAUMONT,TEXAS,IN THE AMOUNT OF $795,600.00, FOR THE WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS REHABILITATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR BRYSTAR CONTRACTING,INC.,OF BEAUMONT,TEXAS. Councilmember Getz seconded the motion. Minutes—March 8,2022 AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED Resolution 22-077 3. Consider approving a three-year contract with WorkQuest for litter removal along City rights- of-ways and other specified areas throughout the City. 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. This agreement renewal allows for the removal of trash along City rights-of-ways and other areas as determined necessary by the Code Enforcement Division. The agreement requires a four-man crew with one supervisor to work eight hours per day, five days per week, weather permitting. Under the current agreement, the cost to the city is $17.20 per hour per person. The new proposed cost of$19.50 per hour provides for an estimated 13% increase with an estimated annual cost of $183,709.11. There is no increase in price allowed for the term of the contract. Price per hour covers all material, labor, and equipment for BPS to provide this service to the city. Funds will come from the General Fund. Approval of resolution. Councilmember Neild moved to APPROVE A RESOLUTION 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 CITY RIGHTS-OF-WAY AND OTHER SPECIFIED AREAS THROUGHOUT THE CITY IN THE ESTIMATED ANNUAL AMOUNT OF $183,709.11, BEAUMONT PRODUCTS AND SERVICES (BPS), OF BEAUMONT, TEXAS, WILL BE PROVIDING THE SERVICES TO THE CITY ON BEHALF OF WORKQUEST; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH WORKQUEST. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED Resolution 22-078 Minutes—March 8,2022 • DISCUSSION ITEM • Discuss plans for the City's 2022 Juneteenth Celebration — Item Tabled COMMENTS • Public Comments (Persons are limited to three minutes) Christopher Matthews 3875 N. Major Dr. Beaumont TX Commented on International Women's Day, celebrating the Mayor and the City Attorney who's making history in their positions, also commented on the discussion item that was pulled on the Juneteenth Celebration, stated that here in Beaumont historically Juneteenth has been celebrated in Tyrrell Park, thinks that Juneteenth is a holiday that should be celebrated for everyone and not exclusively a black holiday, his idea, if possible would be to celebrate Juneteenth at Tyrrell Park and the Event Centre, history states that there were a lot of Caucasians that lost their lives for the rights of blacks to be free and should be able to celebrate the holiday as well, thinks it would bring about the racial reconciliation in Beaumont that everyone has been trying to accomplish Elaine Henderson 6260 Regina Ln. Beaumont TX Stated that all of the underpasses look gorgeous as the homeless are no longer allowed to be there, asked where did they go? the homeless are throughout our city, they aren't just in the West, East, North and South parts of the city they are everywhere, they are on people's property, on private property, behind and around businesses etc., made comments regarding her son who has a business and had an encounter with a homeless person entering his business where there were children, knows that the Homeless Coalition is working on this issue, stated that city needs to educated citizens on what to do, how to handle the homeless, and what their rights are as citizens, thinks a public service announcement of some sort needs to be done Lela Rideau Cormier 5770 Calder Ave. Beaumont TX Stated that she sent in a variance application for her residence at 5770 Calder Ave., it was sent to her Councilmember of Ward II and the Engineering Department, she's in need of access to the back of the property from Phelan Blvd., Phelan is considered a collector street, so it should not have access to the street from a residence, stated she has traveled Phelan and there is a residence on Phelan that has access to a residential home regularly, which means that everyday they can pull in and out of there driveway, she's only asking for access for their RV which won't be used all the time, hasn't been able to get any information or hear from anyone regarding a yes or no on this matter, it has been over a month, asked that this variance be brought before the city, doesn't want to jump a curb which is what she's been told, just wants access to the rear of her property • Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - NONE COUNCILMEMBER GETZ- CONGRATULATED THE CVB FOR THE COLLABORATION WITH POUR09 FOR THE MURAL FEST THAT TOOK PLACE THIS PAST Minutes—March 8,2022 WEEKEND, STATED TO CITIZENS IF THEY ARE OUT AND ABOUT DOWNTOWN THEY WILL SEE A LOT OF ART THAT HAS BEEN CREATED ON SEVERAL WALLS, THEY HAD A LOT OF FOOD TRUCK VENDORS AND A PLAY AREA FOR THE KIDS, IT WAS REALLY NEAT AND THINKS THESE TYPES OF EVENTS ARE NEEDED IN BEAUMONT, ESPECIALLY WHEN YOU'RE DOING A PUBLIC/PRIVATE COLLABORATION, JOB WELL DONE, WELCOMED MR. KEVIN ENGMAN TO THE CITY ATTORNEY'S OFFICE COUNCILMEMBER TURNER- THANKED CVB FOR A JOB WELL DONE IN THE MURAL FEST, THANKED THE CITY MANAGER AND STAFF FOR GOING AFTER GRANT FUNDING, HE'S AN ADVOCATE FOR THAT, IT'S MUCH APPRECIATED, STATED THAT DURING MARDI GRAS THE COMMUNICATION'S DEPARTMENT, CVB AND THE EVENTS FACILITY CAME TOGETHER AND WORKED ON THE EVENT, HE LOVED SEEING THAT, IT MADE HIS HEART SMILE TO SEE ALL DEPARTMENTS WORKING HAND IN HAND, EVERYONE DID A GREAT JOB, ASKED FOR A STATUS ON THE TRANSIT UPDATE, KNOWS THAT THERE WAS A MEETING THAT WAS TO TAKE PLACE ON TODAY COUNCILMEMBER FELDSCHAU - ABSENT MAYOR PRO TEM SAMUEL- STATED THAT THE MURAL FEST WAS A WONDERFUL EVENT, THANKED ALL OF THE WORK THAT WAS DONE WITH THE DEPARTMENTS ON THE EVENT, THERE WAS A LOT OF PEOPLE THAT SUPPORTED THE ARTS,WELCOMED MR. KEVIN ENGMAN TO THE CITY ATTORNEY'S OFFICE,GLAD TO HAVE HIM ABOARD COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED- WELCOMED ASSISTANT CITY ATTORNEY III, KEVIN ENGMAN, HE WILL BE A WELCOMED ADDITION AND EXCITED TO HAVE HIM CITY MANAGER HAYES - NONE MAYOR MOUTON - COMMENTED ON TODAY BEING INTERNATIONAL WOMEN'S DAY, THANKED ALL WOMEN FOR THE WORK THAT THEY DO EVERY DAY, THANKED CVB AND POUR09 FOR THE MURAL FEST, STATED THAT BARBARA LYNN IS PAINTED ON ONE OF THE MURALS FROM HER 1962 ALBUM COVER,THE ARTIST WAS FROM MICHIGAN, BARBARA LYNN WAS THERE TO SIGN HER MURAL,ALSO COMMENTED ON THE LADIES OF MOTOWN WHICH WAS REALLY GREAT, CONGRATULATED BEAUMONT UNITED WHO IS HEADED TO SAN ANTONIO FOR THE PLAYOFFS ON SATURDAY,MARCH 12,2022,THEY WILL BE PLAYING AT 3:00 P.M., MADE ADDITIONAL COMMENTS REGARDING THE HOMELESS AS WELL AS JUNETEENTH Minutes—March 8,2022 With there being no Executive Session, Council adjourned at 2:17 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—March 8,2022 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 Tem MARCH 8, 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 March 8, 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 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Rabbi Chava Koster with Temple Emanuel 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 Tem Samuel, Councilmembers Durio, Getz, Turner and Neild. Absent: Councilmember Feldschau. Also, present were Kyle Hayes, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the March 1, 2022, City Council Meeting Minutes B. Approve the appointment of Kevin Chase Engman as Assistant City Attorney III and setting his starting compensation - Resolution 22-073 C. Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Minutes—March 8,2022 Drainage District No. 6 for the proposed McLean Street Project - Resolution 22-074 D. Authorize the Beaumont Convention and Visitors Bureau to apply for grant funds fan the Jefferson County Tourism Commission for partial funding to construct a walking trail from the Tyrrell Park Nature &Visitor Center to the Cattail Marsh Wetlands- Resolution 22-075 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider amending the Collective Bargaining Agreement with Beaumont Firefighters' Local 399 related to pension contributions. On January 11, 2022, City Council held a special meeting to discuss the funding status of the pension plan for the Beaumont firefighters. A firm named GRS performed an actuarial study of the plan and determined that the current plan design was not sufficient to fully fund the plan within 30 years as required by State statute. GRS noted that changes in mortality tables and actual investment earnings less than the assumed rate of returns have contributed to the need of a plan design modification. Currently,the city contributes 16.5%of each employee's salary to the plan while the employees contribute 17.25%. The current CBA calls for the following City and employee contribution increases: - City will increase contributions to 17.25% beginning October 1, 2022 - City will increase contributions to 18% beginning October 1, 2023 - Employees will increase contributions to 18% beginning October 1, 2022 To fund the plan within 30 years, GRS recommends the following changes: - Increase City contributions to 18.25% beginning October 1, 2022 - Increase City contributions to 20% beginning October 1, 2023 - Increase retirement eligibility age from age 50 to age 55 for all new employees hired after January 1, 2022 - Lower the retirement benefit accrual percentage from 63.15% to 60% for all new employees hired after January 1, 2022 The firefighters held elections between February 21-23, 2022, to vote on the retirement eligibility age and the retirement benefit accrual percentage as required by their plan and it passed by a vote of 147 for the changes and 17 against the changes. The changes to the plan are contingent on Council approving the contribution rate for the city as detailed above. The estimated additional cost for the City in FY 2023 and FY 2024 will be $250,000 and $440,000, respectively. Funds will come from the General Fund. Approval of the resolution. Minutes—March 8,2022 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO ARTICLE XV PENSION OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE BEAUMONT PROFESSIONAL FIREFIGHTERS' LOCAL 399. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS, GETZ, TURNER AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER DURIO MOTION PASSED Resolution 22-076 2. Consider authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project. The Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project consists of work pertaining to repairing and rehabilitating the existing concrete walls for four sludge drying beds and other related appurtenances. On February 3, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is$764,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Brystar Contracting, Inc. Beaumont, TX $795,600.00 Elite Contractors & Equipment Kirbyville, TX $941,680.00 ALLCO, LLC Beaumont, TX $1,184,838.00 BDS Constructors dba MK Constructors Vidor, TX $1,186,740.00 Based on a review of the bid and required documents received, the Water Utilities Department agrees with Schaumburg & Polk, Inc., and recommends awarding the project to the lowest bidder, Brystar Contracting, Inc., in the amount of $795,600.00. A total of 120 calendar days are allocated for completion of the project. Funds will come from the Capital Program. Approval of the resolution. Mayor Pro Tem Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRYSTAR CONTRACTING,INC.,OF BEAUMONT,TEXAS,IN THE AMOUNT OF $795,600.00, FOR THE WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS REHABILITATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR BRYSTAR CONTRACTING,INC.,OF BEAUMONT,TEXAS. Councilmember Getz seconded the motion. Minutes—March 8,2022 AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED Resolution 22-077 3. Consider approving a three-year contract with WorkQuest for litter removal along City rights- of-ways and other specified areas throughout the City. 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. This agreement renewal allows for the removal of trash along City rights-of-ways and other areas as determined necessary by the Code Enforcement Division. The agreement requires a four-man crew with one supervisor to work eight hours per day, five days per week, weather permitting. Under the current agreement, the cost to the city is $17.20 per hour per person. The new proposed cost of$19.50 per hour provides for an estimated 13% increase with an estimated annual cost of $183,709.11. There is no increase in price allowed for the term of the contract. Price per hour covers all material, labor, and equipment for BPS to provide this service to the city. Funds will come from the General Fund. Approval of resolution. Councilmember Neild moved to APPROVE A RESOLUTION 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 CITY RIGHTS-OF-WAY AND OTHER SPECIFIED AREAS THROUGHOUT THE CITY IN THE ESTIMATED ANNUAL AMOUNT OF $183,709.11, BEAUMONT PRODUCTS AND SERVICES (BPS), OF BEAUMONT, TEXAS, WILL BE PROVIDING THE SERVICES TO THE CITY ON BEHALF OF WORKQUEST; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH WORKQUEST. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED Resolution 22-078 Minutes—March 8,2022 DISCUSSION ITEM • Discuss plans for the City's 2022 Juneteenth Celebration — Item Tabled COMMENTS • Public Comments (Persons are limited to three minutes) Christopher Matthews 3875 N. Major Dr. Beaumont TX Commented on International Women's Day, celebrating the Mayor and the City Attorney who's making history in their positions, also commented on the discussion item that was pulled on the Juneteenth Celebration, stated that here in Beaumont historically Juneteenth has been celebrated in Tyrrell Park, thinks that Juneteenth is a holiday that should be celebrated for everyone and not exclusively a black holiday, his idea, if possible would be to celebrate Juneteenth at Tyrrell Park and the Event Centre, history states that there were a lot of Caucasians that lost their lives for the rights of blacks to be free and should be able to celebrate the holiday as well, thinks it would bring about the racial reconciliation in Beaumont that everyone has been trying to accomplish Elaine Henderson 6260 Regina Ln. Beaumont TX Stated that all of the underpasses look gorgeous as the homeless are no longer allowed to be there, asked where did they go?the homeless are throughout our city, they aren't just in the West, East, North and South parts of the city they are everywhere, they are on people's property, on private property, behind and around businesses etc., made comments regarding her son who has a business and had an encounter with a homeless person entering his business where there were children, knows that the Homeless Coalition is working on this issue, stated that city needs to educated citizens on what to do, how to handle the homeless, and what their rights are as citizens, thinks a public service announcement of some sort needs to be done Lela Rideau Cormier 5770 Calder Ave. Beaumont TX Stated that she sent in a variance application for her residence at 5770 Calder Ave., it was sent to her Councilmember of Ward II and the Engineering Department, she's in need of access to the back of the property from Phelan Blvd., Phelan is considered a collector street, so it should not have access to the street from a residence, stated she has traveled Phelan and there is a residence on Phelan that has access to a residential home regularly, which means that everyday they can pull in and out of there driveway, she's only asking for access for their RV which won't be used all the time, hasn't been able to get any information or hear from anyone regarding a yes or no on this matter, it has been over a month, asked that this variance be brought before the city, doesn't want to jump a curb which is what she's been told, just wants access to the rear of her property • Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - NONE COUNCILMEMBER GETZ- CONGRATULATED THE CVB FOR THE COLLABORATION WITH POUR09 FOR THE MURAL FEST THAT TOOK PLACE THIS PAST Minutes—March 8,2022 WEEKEND, STATED TO CITIZENS IF THEY ARE OUT AND ABOUT DOWNTOWN THEY WILL SEE A LOT OF ART THAT HAS BEEN CREATED ON SEVERAL WALLS, THEY HAD A LOT OF FOOD TRUCK VENDORS AND A PLAY AREA FOR THE KIDS, IT WAS REALLY NEAT AND THINKS THESE TYPES OF EVENTS ARE NEEDED IN BEAUMONT, ESPECIALLY WHEN YOU'RE DOING A PUBLIC/PRIVATE COLLABORATION, JOB WELL DONE, WELCOMED MR. KEVIN ENGMAN TO THE CITY ATTORNEY'S OFFICE COUNCILMEMBER TURNER- THANKED CVB FOR A JOB WELL DONE IN THE MURAL FEST, THANKED THE CITY MANAGER AND STAFF FOR GOING AFTER GRANT FUNDING, HE'S AN ADVOCATE FOR THAT, IT'S MUCH APPRECIATED, STATED THAT DURING MARDI GRAS THE COMMUNICATION'S DEPARTMENT, CVB AND THE EVENTS FACILITY CAME TOGETHER AND WORKED ON THE EVENT, HE LOVED SEEING THAT, IT MADE HIS HEART SMILE TO SEE ALL DEPARTMENTS WORKING HAND IN HAND, EVERYONE DID A GREAT JOB, ASKED FOR A STATUS ON THE TRANSIT UPDATE, KNOWS THAT THERE WAS A MEETING THAT WAS TO TAKE PLACE ON TODAY COUNCILMEMBER FELDSCHAU - ABSENT MAYOR PRO TEM SAMUEL- STATED THAT THE MURAL FEST WAS A WONDERFUL EVENT, THANKED ALL OF THE WORK THAT WAS DONE WITH THE DEPARTMENTS ON THE EVENT, THERE WAS A LOT OF PEOPLE THAT SUPPORTED THE ARTS,WELCOMED MR.KEVIN ENGMAN TO THE CITY ATTORNEY'S OFFICE,GLAD TO HAVE HIM ABOARD COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - WELCOMED ASSISTANT CITY ATTORNEY III, KEVIN ENGMAN, HE WILL BE A WELCOMED ADDITION AND EXCITED TO HAVE HIM CITY MANAGER HAYES - NONE MAYOR MOUTON - COMMENTED ON TODAY BEING INTERNATIONAL WOMEN'S DAY, THANKED ALL WOMEN FOR THE WORK THAT THEY DO EVERY DAY, THANKED CVB AND POUR09 FOR THE MURAL FEST, STATED THAT BARBARA LYNN IS PAINTED ON ONE OF THE MURALS FROM HER 1962 ALBUM COVER,THE ARTIST WAS FROM MICHIGAN, BARBARA LYNN WAS THERE TO SIGN HER MURAL,ALSO COMMENTED ON THE LADIES OF MOTOWN WHICH WAS REALLY GREAT, CONGRATULATED BEAUMONT UNITED WHO IS HEADED TO SAN ANTONIO FOR THE PLAYOFFS ON SATURDAY,MARCH 12,2022,THEY WILL BE PLAYING AT 3:00 P.M., MADE ADDITIONAL COMMENTS REGARDING THE HOMELESS AS WELL AS JUNETEENTH Minutes—March 8,2022 With there being no Executive Session, Council adjourned at 2:17 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—March 8,2022 B BEAUMONT TEXAS. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology Services MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of ten traffic signal cabinets for use by the Traffic Management Division BACKGROUND Traffic signal cabinets house the necessary equipment needed to operate a signalized intersection. New cabinets are for the upcoming adaptive signaling project. There are also several damaged cabinets located elsewhere, which need to be replaced. The purchase will be made from Cubic/Trafficware of Sugarland who,is a sole source provider of the hardware and software that is compatible with the existing traffic network management system. The total cost for the ten new cabinets will be $149,800. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. CUBIC. D Trafficware icy- `a Tra ieware Group,Du City of Beaumont 522 Gillingham Lane 2610 Concord Sugar Land,TX 77478 Beaumont,Texas 77704 (281)240-7233 Phone Attn:Joe Flores (281)240-7238 Fax Phone:(409)838-6527 customercare@trafficware.com Email:invoices@ci.beaumont.tx.us www.trafficware.com Re ereneeo VcoirdEgtOmeo Bus noss a 3( Quote#: 2203-1.06 TXBI Contact: Bill Ische RE: 10 Project Cabinets •.. Cell (214)295-5256 Phone: Date: March 11,2022 Email: Billlsche@trafficware.com 'UOTM GOOWS MD SERVICE Thank you for your quotation request. We are pleased to offer this quotation for goods and services as outlined under the terms and conditions noted below. . QUANTITY DESCRIPTION PART#'S $/EACH $/TOTAL 10 NEMA TS2 Type I Traffic Signal Controller Cabinet,, 70006-3055E- $14,980.00 $149,800.00 P44, 16 Loadbay, 16BIack Anodized Panels, White WCB7010000-02 Interior Paint, Natural Aluminum Finish Outside, LED Lighting, Photocell, Channel Detector Rack, Each cabinet includes: TS2:Type.1 Ethernet.980ATC Controller(1) 980ATC-41024010 MMU2 Smart monitor 9000-1201-102 Power Supply(1) 50128-2101 . BIU (3) 9000-1190-000 - Loadswitch I/O.(16) 9000-0023 Flasher(1) 9000-0001 Flash Transfer Relay Indicator(6) 4501-0020-1 GPS Kit(1) 50122-2000 GPS Adapter Cable, 25 pin (1) 10614-2100 . Line Item.Total „ $149,800 00 CL B I C. 13 Trafficware TERM MID N©TES° • Terms: • QUOTE VALID FOR 90 DAYS. • PRICES ARE IN US FUNDS. • NET 30 DAYS. • •FREIGHT-FOB ORIGIN/FREIGHT INCLUDED • TAXES ARE NOT INCLUDED. ALL ITEMS SUBJECT TO APPLICABLE TAXES. IF TAX EXEMPTION APPLIES PLEASE.FURNISH NUMBER OR RESALE CERTIFICATE WITH • PURCHASE ORDER. • DELIVERY 60-90 DAYS AFTER RECEIPT OF ORDER, FOR STANDARD ITEMS. FOR NON STANDARD ITEMS PLEASE ADD AN ADDITIONAL 60 DAYS. • THIS QUOTATION IS FOR EQUIPMENT ONLY. QUOTE DOES NOT INCLUDE.TRAINING OR TURN-ON ASSISTANCE, UNLESS STATED IN QUOTE. Notes: • ALL ORDERS ARE SUBJECT TO CREDIT APPROVAL. • • CREDIT APPROVAL DELAYS MAY ADVERSELY AFFECT STANDARD DELIVERY TIMES. • CANCELLED ORDERS ON STANDARD ITEMS ARE SUBJECT TO A 25%RESTOCKING FEE. RESTOCKING FEE FOR CANCELLED ORDERS ON SPECIALTY ITEMS MAY BE HIGHER. • ITEM NUMBERS FOR PSI.PRODUCTS(A TRAFFICWARE COMPANY) BEGIN WITH"P"TO HELP OUR PSI CUSTOMERS DISTINGUISH PSI PARTS.THESE PARTS CAN BE ORDERED WITH OR WITHOUT USING THE"P"PREFIX. • PLEASE SEND ALL PO'S TO TRAFFICWARECUSTOMERCARE@CUBIC.COM&MADE OUT TO CUBIC ITS,INC. We appreciate the opportunity to provide this quotation! COMP IA e-E° Customer represents and warrants that, in connection with the marketing,sales, and distribution of Trafficware Products, customer has complied and will comply with all applicable laws, including but not limited to:(1)anti-corruption laws(such as the U.S. Foreign Corrupt Practices Act)that prohibit directly or indirectly giving, offering,promising, requesting or accepting anything of value for the corrupt purpose of gaining a commercial benefit or advantage; and(2)U.S. export control and sanctions laws that regulate the disposition of U.S.-origin goods,software, and technology. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of ten (10) traffic signal cabinets for use by the Traffic Management Division from Cubic/Trafficware, of Sugarland, Texas, a sole source provider of the hardware and software that is compatible with the existing traffic network management system, in the amount of$149,800.00. 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 22nd day of March, 2022. - Mayor Robin Mouton - /c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution approving a three-year contract with WorkQuest for grounds maintenance and litter removal at bus shelter locations for the Beaumont Municipal Transit System and for the Henry Dannenbaum Transfer Center. 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. This agreement renewal allows for the grounds maintenance and removal of trash at seventy-eight (78)bus stop locations, as well as the Henry Dannenbaum Transfer Center. Sixty-three (63) of those locations will also receive additional sweeping to remove excess dirt. Under the current agreement,the annual cost to the City is $78,112.92. The new proposed annual cost of$92,617.00,provides for an estimated 18%increase. There is no increase inprice 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 Transit 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 at Beaumont Municipal Transit System bus shelters and the Henry Dannenbaum Transfer Center in the estimated annual amount of $92,617.00, 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 22nd day of March, 2022. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT FOR FURNISHING GROUNDS MAINTENANCE AND LITTER REMOVAL AT BUS SHELTER LOCATIONS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM AND FOR THE HENRY DANNENBAUM TRANSFER CENTER (Reference: MF0322-34) 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 at bus shelter locations for the Beaumont Municipal Transit System and for the Henry Dannenbaum Transfer Center,Beaumont,Texas. 2.0 This Agreement shall be in effect for a period of three(3)years beginning April 1,2022 and ending March 31,2025. 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 - 1 - MF0322-34 Agreement EXHIBIT "A" 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 Exhibit A), and are as follows: Bus Shelters • Litter Removal. • Mowing • Edging/Weed Eating • Sweeping/Blowing Henry Dannenbaum Transfer Center • Litter Removal • Mowing • Edging/Weed Eating • • 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 areas of service shall be defined as the areas listed or shown in Exhibit A attached herein. -2- MF0322-34 Agreement 7.0 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. 8.0 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. 9.0 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. 9.1 Contractor shall exercise due and prudent care in storage and use of any hazardous materials,fuel, etc., including security of such. 9.2 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. 10.0 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. 11.0 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. 12.0 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, -3 - MF0322-34 Agreement 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. 13.0 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. 14.0 INSURANCE REQUIREMENTS 14.1 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 -4- MF0322-34 Agreement Contractor and shall provide that the City shall receive thirty(30)days' prior written notice before any change or cancellation of any policy. 14.2 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. 15.0 CONTRACT TERMINATION 15.1 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. 15.2 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. 15.3 In addition,the City shall have the right to terminate this Agreement if the Contractor breaches this Agreement by other means, including the following: 15.3.1 By failing to pay insurance premiums,liens, claims or other charges. 15.3.2 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. 15.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. -5 - MF0322-34 Agreement 15.3.4 By violation of any provision or non-performance of the Agreement. 15.4 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. 16.0 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. 17.0 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 -6- MF0322-34 Agreement 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. 18.0 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- MF0322-34 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 The Beaumont Municipal Transit System as listed or shown in Exhibits A herein. Contractor shall establish and provide to the City a weekly work schedule showing all areas to be maintained. 2.0 BEAUMONT MUNICIPAL TRANSIT SYSTEM • Work to be performed at the shelters shall include: • Litter Removal • Mowing • Edging/Weed Eating • Sweeping/Blowing HENRY DANNENBAUM TRANSFER CENTER Work to be performed at the Henry Dannenbaum Transfer Center shall include: • Litter Removal • Mowing • Edging/Weed Eating • Sweeping/Blowing 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 -8 - MF0322-34 Agreement 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. 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. • -9 - MF0322-34 Agreement BUS SHELTERS- Litter shall be removed from all areas a minimum of one(1)time per week and two(2) times per week in areas as designated in Exhibits A herein. Service day for once per week shall be Monday. For locations receiving service two(2)times per week,service day shall be Monday and Thursday. Contractor shall remove and replace litter bags in the City trash containers a minimum of one(1)time per week,two(2)times a week for locations serviced two(2)times a 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. HENRYDANNENBAUM TRANSFER CENTER- Litter shall be removed from this area five(5)times per week Monday through Friday during growing and non-growing season. When trash 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. 2.5 SWEEPINGBLOWING—All shelter cement pads and ADA access ramps shall be swept free of any dirt and debris on the first Monday of every month. No buildup of dirt shall be allowed at any service locations. This fee shall be billed as a separate line item from litter each month. 3.0 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 herein. 3.1 Contractor shall not be required to maintain personnel 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. - 10 - MF0322-34 Agreement 3.2 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. 3.3 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. 3.4 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. 3.5 The City retains the right to inspect and order work to be corrected as needed. 3.6 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 1 through October 31. > Non-growing season is defined as November 1 through February 28. 3.7 Contractor shall have access to a storage area for purposes of conducting activities associated with this Agreement. 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. - 11 - MF0322-34 Agreement 4.0 FULFILLMENT AND PAYMENT 4.1 The City agrees to pay WorkQuest upon receipt of monthly invoices for services performed satisfactorily. Such payment by City to Contractor 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. 4.2 The Contractor shall submit an accurate invoice within five(5)working days from the date of delivery. 4.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. Beaumont Transit System City of Beaumont P. O.Box 3827 Beaumont,TX.77704 4.4 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 4.5 Faxed invoices will not be accepted. 5.0 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. - 12- MF0322-34 Agreement A. Table Below Denotes Cost to the City for the Agreement: Number of Item No. Service Current Daily Cost WeeklyWeeks Monthly Cost Annual Cost Schedule Locations* ' Cost 1 Grounds Maintenance and Litter Removal for Bus Shelter Locations and Bus Stop Locations(with no shelter): To include One(1) number Time 61 $13.25 $808.25 52 of weeks . $42,029.00 Per Week serviced that month To include number Two(2)Times 17 $13.25 $450.50 52 of weeks $23,426.00 Per Week serviced that month One(1) Time Per Month 63 $7.50 $472.50 12 It ; , $5,670.00 Charge for sweeping x k 2 Grounds Maintenance and Litter Removal $21,492.00 for Henry Dannenbaum Transfer Center TOTAL ANNUAL COST- 3 for Bus Shelter Locations,Bus Stop Locations,and $92,617.00 Henry Dannenbaum Transfer Center: 4 hour minimum Cost per location for As Requested service, $29.50 per hour 4 outside of regular schedule after 5:00$34.50 per hour * The City reserves the right to add or remove locations as needed. - 13 - MF0322-34 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: K le Ha es 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: - 14- MF0322-34 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. - 15 - MF0322-34 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. - 16- MF0322-34 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 - 17 - MF0322-34 Agreement stating how a person may verify coverage and report lack of coverage. 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. • - 18- MF0322-34 Agreement CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT To be Completed By Appropriate Insurance Agent and submitted with bid proposal. 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#: ( 1_ CONTRACTOR'S NAME: (Print or Type) NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting 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. - 19 - MF0322-34 Agreement 11: Form No.COB1 CERTIFICATE OF INSURANCE Edition Date:12/12/2018 �oEeMON,.E.es t 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 -20 - MF0322-34 Agreement L•IsmiarIiagai FA Form No.COB1 CERTIFICATE OF INSURANCE Edition Date:12/12/2018 Page 2 of 4 INSR TYPE OF INSURANCE ;,' POLICY POLICY EFF i POLICYEXP LIMITS OF LIABILITY: :;LTR _ NO; DATE DATELL (MM/DD/YYYY) (MM/DD/YYYY) Commercial General Each Occurrence $ Liability Policy As defined in the Policy, does the Policy General Aggregate $ provide: • Completed ❑Yes 0 No — Completed Operations/Products Operations/ $ Products Aggregate ❑Yes 0 No — Contractual Liability Personal & $ Advertising Injury ❑Yes 0 No — Explosion Deductible or Self $ Insured Retention ❑Yes 0 No — Collapse ❑Yes 0 No — Underground ❑Yes 0 No — Contractors/Subcontractors Work 0 Yes 0 No — Aggregate Limits per Project Form- CG 2503 0509 or Equivalent 0 Yes ❑Yes. 0 No — Additional Insured Form (not construction)- CG 2010 1001 or Equivalent 0 Yes ❑Yes 0 No — Completed Operations Additional Insured Form (construction only) - CG 2037 1001 or Equivalent ❑Yes 0 Yes 0 No — 30 Day Notice of Cancellation Form- CG 2804 1093 or Equivalent 0 Yes 0 Yes 0 No — Waiver of Subrogation Form - CG 2404 0509 or Equivalent 0 Yes INSR. TYPE OF INSURANCE POLICY POLICY EFF.DATE POLICY EXP. LIMITS OF F LIABILITY LTR NO. (MM/DD/YYYY) DATE (MMIDD/YYYY).• , Pollution/ Occurrence $ Environmental Impairment Policy Aggregate INSR TYPE OF INSURANCE POLICY POLICY EFF;DATE POLICY EX?: LIMITS OF LIABILITY. LTR NO: (MMIDD/YYYY). DATE (MM/DD/YYYY) Commercial Auto CSL $ Liability"Policy As defined in the Policy, Bodily Injury $ does the Policy provide: (Per Incident) ❑Yes 0 No — Any Auto Bodily Injury $ (Per Person) Property ❑Yes 0 No — All Owned Autos Damage (Per Accident) -21 - MF0322-34 Agreement CERTIFICATE OF INSURANCE Form No.COB1 Edition Date:12/12/2018 Page 3 of 4 ❑Yes 0 No — Non-Owned Autos ❑Yes 0 No — Hired Autos ❑Yes 0 No — Waiver of Subrogation - CA0444 0410 or Equivalent ❑Yes ❑Yes 0 No — 30 Day Notice of Cancellation - CA0244 or Equivalent 0 Yes ❑Yes 0 No — Additional Insured- CA2048 or Equivalent 0 Yes ❑Yes ❑ No INSR TYPE OF INSURANCE POLICY POLICY EFF: POLICY EXP LIMITS OFLIABILITY LTR NO: DATE DATE, (MM/DD/YYYY) (MM/DD/YYYY) Excess Liability Occurrence $ 0 Umbrella Form ❑ Excess Liability Aggregate $ Follow Form Workers 0 Statutory 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 0 Yes ❑ No - 30 Day Notice of Cancellation -WC420601 Disease- $ Each Employee Is a Builders Risk or $ Installation Insurance Policy • provided? ❑Yes ❑ No ❑Yes 0 No — Is the City shown as loss payee/mortgagee? Professional Liability Each Claim $ As defined in the Policy, does the Policy provide: ❑Yes 0 No — 30 Day Notice of Cancellation Deductible or $ Retroactive Date: Self Insured Retention -22- MF0322-34 Agreement CERTIFICATE OF INSURANCE Form No.COB1 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: -23 - MF0322-34 Agreement LOCATIONS TO BE SERVICED ONE (1) TIME PER WEEK 1. BLANCHETTE AT PENNSYLVANIA FULL SHELTER ' 2. CALDER AT 23RD TRASH CAN W/BENCH 3. CALDER AT CHRISTUS ST. ELIZABETH HOSPITAL TRASH CAN W/BENCH 4. COLLEGE AT AVENUE C(EAST) FULL SHELTER 5. COLLEGE AT AVENUE C(WEST) TRASH CAN W/BENCH 6. COLLEGE AT.PINCHBACK TRASHCAN W/BENCH 7. CONCORD AT RUSSELL(VILLAGE SHOPPING CTR) TRASH CAN W/BENCH 8. CONCORD AT PINKSTON FULL SHELTER 9. CONCORD AT LUCAS OUTBOUND TRASH CAN W/BENCH 10. CONCORD AT LUCAS INBOUND FULL SHELTER 11. CORLEY AT 11TH FULL SHELTER 12. CORLEY AT PARK FULL SHELTER 13. DOWLEN AT CALDER TRASH CAN W/BENCH 14. DOWLEN AT WALMART FULLL SHELTER 15. DOWLEN AT KROGER TRASH CAN W/BENCH 16. DOWLEN AT CONCORD NEXT TO POPEYE'S TRASH CAN W/BENCH 17. FANNIN AT CENTRAL PARK TRASH CAN W/BENCH 18. LIBERTY AT 2ND FULL SHELTER 19. FANNIN AT BAPTIST HOSPITAL TRASH CAN W/BENCH 20. CROW RD.AT SEVILLE APARTMENTS TRASH CAN W/BENCH 21. CONCORD AT BEATRICE TRASH CAN W/BENCH 22. PARK AT ROYAL TRASH CAN W/BENCH 23. MAGNOLIA AT PARRY FULL SHELTER 24. MAGNOLIA AT LIFE OAK TRASH CAN-WRENCH 25. PEARL AT ART MUSEUM TRASH CAN W/BENCH 26. LAVACA AT CHAISON FULLL SHELTER 27. MAGNOLIA AT GILL TRASH CAN W/BENCH 28. CLEVELAND AT ARTHUR TRASH CAN W/BENCH 29. HELBIG AT LUCAS TRASH CAN W/BENCH 30. 11TH AT LAUREL FULL SHELTER 31. W.VIRGINIA AT VIRGINIA ESTATE MANOR FULL SHELTER Page2of3 32. N.7TH AT NORTH TRASH CAN W/BENCH. 33. 2220 CALDER TRASH CAN W/BENCH 34. MAJOR AT GLADYS TRASH CAN W/BENCH 35. EAST LAVACA CLOSE TO MLK TRASH CAN W/BENCH 36. MAIDA AT HELBIG APARTMENT SHELTER 37. MAGNOLIA AT WEISS TRASH CAN W/BENCH 38. PARK AT MILAM FULL SHELTER 39. PARKDALE TRASH CAN W/BENCH 40. PEARL AT ORLEANS TRASH CAN W/BENCH 41. PHELAN AT DOWLEN TRASH CAN W/BENCH 42. MCLEAN AT MAJOR DR. FULL SHELTER 43. PINE AT FLETCHER TRASH CAN W/BENCH 44. RAINTREE TOWER TRASH CAN W/BENCH 45. SARAH AT 4TH TRASH CAN W/BENCH 46. SOCIAL SECURITY ADMIN.DISHMAN RD. FULL SHELTER 47. VETERANS CIRCLE FULL SHELTER 48. WEST VIRGINIA AT USAN TRASH CAN W/BENCH 49. MLK AT MAPLE TRASH CAN W/BENCH 50. CALDER AT 9TH TRASH CAN ONLY 51. LAVACA AT CASH SAVER TRASH CAN W/BENCH 52. SYCAMORE AT MADISON SHELTER SHELTER ONLY 53. 11TH AT FANNIN BUS STOP ONLY 54. E.VIRGINIA AT HIGHLAND BUS STOP ONLY 55. FATIMA AT ELMIRA BUS STOP ONLY 56. LAUREL AT 2ND BUS STOP ONLY 57. PINE AT MARTIN BUS STOP ONLY 58. 8TH AT MHMR BUS STOP ONLY 59. 11TH AT FINER FOODS BUS STOP ONLY 60. LAVACA AT IRVING BUS STOP ONLY 61. PINE BURR AT E.LUCAS BUS STOP ONLY Page 3 of 3 END OF AGREEMENT AGREEMENT FOR FURNISHING GROUNDS MAINTENANCE AND LITTER REMOVAL AT BUS SHELTER LOCATIONS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM AND FOR THE HENRY DANNENBAUM TRANSFER CENTER (Reference: MF0322-34) • -25 - MF0322-34 Agreement _______ BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution approving a contract for the purchase of liquid polymer for use in the Water Utilities Department. BACKGROUND Bids were solicited for an annual contract to provide liquid polymer for use in the dewatering of sewage sludge produced by Water Reclamation. Specifications allow for a one-year contract with the option of two renewals of a one-year term at the same pricing as the awarded contract. Bids were requested from eleven vendors and one response was received. Polydyne Inc. of Riceboro, GA submitted the qualified bid of$1.57 per pound. With the estimated usage of 50,000 pounds of polymer per year, the total annual cost would be $78,500 which would constitute an approximate 8.5 % increase over the current contract. A condition of the contract specifications required vendors to submit samples of their polymer to the City for testing prior to bid opening. This sampling determines how many pounds of the bidder's polymer must be used per ton of sewage sludge processed to calculate the cost per ton. The bid tabulation and test results are attached. FUNDING SOURCE Water Utilities Fund RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract, with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract, for the purchase of liquid polymer for use by the Water Utilities Department; and, WHEREAS, Polydyne, Inc., of Riceboro, Georgia, submitted a bid at a unit cost of $1.57 per pound for an estimated annual cost of $78,500.00, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the bid submitted by Polydyne, Inc. of Riceboro, Georgia, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Polydyne, Inc., of Riceboro, Georgia, fora one (1) year contract, with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract, for the purchase of liquid polymer for use by the Water Utilities Department at a unit cost of$1.57 per pound for an estimated annual cost of$78,500.00 with cost to treat sludge, as shown on Exhibit"A," attached hereto and made a part hereof for all purposes, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Polydyne, Inc., of Riceboro, Georgia, 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 22nd day of March, 2022. - Mayor Robin Mouton - • City of Beaumont Texas BEAUMONT Purchasing Division Bid Tabulation Bid Name: ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS- POLYACRYL.AMIDE CATIONIC EMULSION LIQUID POLYMER Bid Number. TF0222-16 Bid Opening: Thursday,March 10,2022 Contact Person: Terry Welch Purchasing Manager to rrv.welch(abeaumonttexas.gov Phone 409-880-3107 Vendor Polydyne Inc. City!State Riceboro,Ga Phone or Fax No. 912-880-2078 ITEM DESC QTY(Ibs) Unit Price Extended Price 1 LIQUID POLYMER 50.000 $1.57 678.500.00 TOTAL BID. . $78,500.00 COST PER GAL $13.502 TOTE GALLONS 275 MANUFACTURER&BRAND Clarifloc CE-2379 m_ COST TO TREAT ONE TON OF SLUDGE VENDOR PRODUCT MAN LBS" UNIT COST TOTAL COST W Polydyne Inc. Clarifloc CE-2379 9.6 $1.570 $15.07 Awarded by cost to treat one dry ton of sludge Average pounds of polymer per dry ton of sludge(information provided from polymer trials) " NOTE:The Sole and qualified vendor is Polydyne Inc.. E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution approving a contract for elevator maintenance for use by the Facilities Maintenance Department. BACKGROUND Bids were requested for a one-year contract for elevator maintenance at various City facilities. Bids were requested rom six vendors and two responses were received. Specifications allow for a one-year contract with the option of two renewals of one-year extensions at the same pricing as the awarded contract. The low qualified bid was submitted by Integrity Elevator Solutions LLC with an annual cost of$39,600. The current contract has an annual cost of$40,116. Bid tabulation is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for elevator maintenance at various City facilities for use by -the Facilities Maintenance Division; and, WHEREAS, Integrity Elevator Solutions, LLC, of Buna, Texas, submitted a bid for a total estimated amount of$39,600.00, with a 20% mark-up of materials and hourly rates for work not defined in the contract, in the amounts as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Integrity Elevator Solutions, LLC, of Buna, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Integrity Elevator Solutions, LLC, of Buna, Texas, for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for elevator maintenance at various City facilities for use by the Facilities Maintenance Division for a total estimated amount of$39,600.00, with a 20% mark-up of materials and hourly rates for work not defined in the contract, in the amounts as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Integrity Elevator Solutions, LLC, of Buna, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2022. - Mayor Robin Mouton - BEAUMONT CITY OF BEAUMONT,BEAUMONT,TEXAS TEXAS PURCHASING DIVISION BID TABULATION Bid Name: Annual Contract for Elevator Maintenance Bid Number: TF0222-13 Bid Opening: Thursday,March 3,2022 Contact Person: Terry Welch,Purchasing Manager terrv.welch Bbeaumonttexas.nov Phone: 409-880-3107 Vendor Integrity Elevator Solutions LLC Stark Elevator,LLC City/State Buna,Tx Beaumont,Tx Phone or Fax No. 877-807-0987 409-331-2151 Monthly Price Annual Cost Monthly Price Annual Cost ITEM Location QTY. 1 Police Bldg(Passenger). 12 $275.00 $3,300.00 $223.00 $2,676.00 2 Beaumont Public Library 12 $185.00 $2,220.00 $223.00 $2,676.00 (Passenger) 3 Tyrrell Historical Library 12 $180.00 $2,160.00 $223.00 $2,676.00 (Passenger) 4 Tyrrell Historical Library 12 $90.00 $1,080.00 $198.00 $2,376.00 (Wheelchair lift) 5 City Hall Office Building 12 $175.00 $2,100.00 $223.00 $2,676.00 (EIe."A") 6 City Hall Office Building 12 $175.00 $2,100.00 $223.00 $2,676.00 (EIe."B") 7 Civic Center(Passenger) 12 $175.00 $2,100.00 $223.00 $2,676.00 8 Civic Center(Freight) 12 5175.00 $2,100.00 $223.00 $2,676.00 9 Julie Rogers Theatre 12 5180.00 52,160.00 $223.00 $2,676.00 (Passenger) 10 Julie Rogers Theatre 12 $65.00 5780.00 $223.00 $2,676.00 (Orchestra Lift) 11 Jefferson 12 $175.00 $2,100.00 $223.00 $2,676.00 Theater(Passenger) 12 Municipal Court Building 12 5275.00 $3,300.00 $223.00 $2,676.00 (Passenger) 13 Municipal Court Building 12 $275.00 $3,300.00 $223.00 $2,676.00 (Freight) 14 Police Annex Building 12 $185.00 $2,220.00 $223.00 $2,676.00 (Passenger) 15 Water Production 12 $170.00 $2,040.00 $223.00 $2,676.00 (Passenger) 16 Public Health Department 12 $190.00 52,280.00 $223.00 $2,676.00 (Passenger) 17 Lakeside Center Best 12 $185.00 $2,220.00 $223.00 $2,676.00 Years Center 18 Beaumont Tennis Center 12 $85.00 $1,020.00 $198.00 $2,376.00 (Wheelchair/Passenger) Cattail Marsh Education 19 Center 12 $85.00 $1,020.00 $198.00 $2,376.00 (Wheelchair/Passenger) TOTAL BID $39,600.00 $49,944.00 Straight Time*Hourly Rate per qualified elevator Maintenance Mechanic for work not defined in 5200./hr - $199.50/hr. this contract. • Straight Time*Hourly Rate per elevator maintenance Helper for work not defined in the S190./hr. $179.50/hr. contract. Overtime**Hourly Rate per qualified elevator • Maintenance Mechanic for work not defined in the 5300./hr. 5339.25/hr. contract. Overtime*'Per elevator Maintenace Helper for 5285./hr. 5305.15/hr. work not defined in the contract. Mark-Up for Materials not defined In the 20.00% 5.00% contract. •Straight time is defined as 7:00 a.m.-5:00 p.m..Monday Through Friday. **Overtime is defined as any hours that fall outside of Normal Hours of Weekends. The low qualified hid was submitted by Integrity Elevator Solutions LLC EXHIBIT "A" F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 22,2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize fmal payment to Viking Painting,.LLC, for the West Elevated Storage Tank Rehabilitation Project. . BACKGROUND . On February 9, 2021, by Resolution No. 21-035, City Council awarded a contract to Viking Painting, LLC,of Omaha,Nebraska, in the amount of$849,900.00 for the West Elevated Storage Tank Rehabilitation Project. Previous Change Order Nos. 1-3, in the amount of$205,600.00, are attached for your review. Proposed Change Order No. 4, in the amount of($7,800.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved,the adjustment in quantities would result in a final contract amount of$1,047,700.00. The project has been inspected by Schaumburg and Polk, Inc., and found to be complete in accordance with the provisions and terms set forth in the contract. Water Utilities Engineering agrees with Schaumburg and Polk, Inc., acceptance of Change Order No. 4, maintenance, and final payment in the amount of$52,385.00 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-177 WHEREAS, on February 9, 2021, the City Council of the .City of Beaumont, Texas passed Resolution No. 21-035 awarding a contract in the amount of$849,900.00 to Viking Painting, LLC, of Omaha, Nebraska, for the West Elevated Storage Tank Rehabilitation Project; and, WHEREAS, on June 15, 2021, the City Council of the City of Beaumont, Texas passes Resolution No: 21-148 authorizing the City Manager to execute Changer Order No. 1, in the amount of$205,600.00,for the replacement of sixteen (16) roof rafters due to unforeseen section loss from corrosion found during construction, thereby increasing the total contract amount to$1,055,500.00; and, WHEREAS, a Miscellaneous Tank Repair allowance, in the amount of $20,000.00, was included in the above noted contract;:and,, WHEREAS, Change Order No..2, in the amount of $10,700.00, is necessary to install a City-supplied mixing system .and associated appurtenances, thereby ' decreasing the total Miscellaneous Tank Repair allowance amount to $9,300.00 and having no effect on the total contact amount of$1,055,500.00; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $10,700.00 for additional work described above, thereby decreasing the total Miscellaneous Tank Repair allowance to $9,300.00 and having no • effect on the total contract amount of $1,055,500.00 for the West Elevated Storage Tank Rehabilitation 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 27th day of July, 2021. • .0) ..91NuivjoitNi /44, altd-HA- ' t'd+4 - Mayor Robin Mouton ra +14:1 "'plc :0. 1 i. APPROVAL OF CONTRACT CHANGE I ' CHANGE ORDER No.Four(4)&Final DATE: February22,2022 PROJECT: City of Beaumont,Texas West Elevated Storage Tank Rehabilitation Bid No.WU0121-07 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Viking Painting,LLC 305 N 93`d Street Omaha,NE 68114 TO THE.OWNER: Approval of the following contract change Is requested. Reason for Change:To adjust final quantities ORIGINAL CONTRACT AMOUNT: $ 849,900.00 REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE ORDERS S' 1,055;500,00 THIS CHANGE ORDER i t item Description 4 Pressure Wash and Blast if soluble testis positive(exterior)-DELETE$2,500.00/LUMP SUM $ (2,500.00) 6 Pressure Wash and Blast if soluble test Is positive(Interior)-DELETE$2,500.00/LUMP SUM $ (2,500.00) � t 13 Miscellaneous Tank Repairs Allowance-DELETE remaining allowance,$2,800.00/IS $ (2,800.00) TOTAL AMOUNT OF THIS CHANGE ORDER: $ (7,800.00) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 1,047,700.00 CONTRACT TIME Original:Contract Time:- 150 working days: � II, Revised.ContractTime per Previous Change Orders i f 6 200working days. THIS CHANGE ORDER Additional Contract Time Requested due to Weather Delays 11 working days Additional Contract Time Requested due to delay in approval of Roof Trusses CHO and delivery of material 41 working days Revised Contract Time per this Change Order 252 working days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases In the cost of,and the time required to perform the entire work under the.Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it Is properly executed." i Accepted by: - - Reviewed by: • Revl- by: < r,(� . l WL / /�la Viking Painting,LLC Amelia Villareal,P.E. :a :artkowla Contractor City Engineer Director of Public Works and Technology Services �1 . Date: 2/24/22 Date: I�` Q� /� Date: �'•. p.^ Z- Reco ad •. Approved by: Attested by: chaumb Polk,Inc. Kyle Hayes Tina Broussard I Enginee .7 City Manager City Clerk Date: v (/`^ Date: Date: - - Page 1of1 - j 1 • • • • • APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two(3) DATE: October 18,2021 • • PROJECT: City of Beaumont,Texas • West Elevated Storage Tank Rehabilitation Did No.WU0121.07 OWNER: Clly of Beaumont,Texas 001 Main Street • Beaumont,Texas 77704 • • CONTRACTOR: Viking Painting,LLC 305 N 931a Street i Omaha,NE 68114 TO THE OWNER: Approval of the following contract change Is requested. i Reason for Change:To remove end replace the existing 30"roof hatch..This Item was part of the plans,but not included as a bid Item in the Contract. ORIGINAL CONTRACT AMOUNT: $ • 849,900.00 •• REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE ORDERS • • 5 1,055,500,00 THIS CHANGE ORDER J em Description 13 Miscellaneous Tank Repairs Allowance-Reduce the Miscellaneous Tank Repairs Allowance by$6,500.00 $ (6,500.00) to remove and.replace the existing 30"Toof hatch.Remaining Contingency Allowance=$9,300.00- . . • $6,500.009$2,800.00 • 16 Remove and replace the existing 90"roof hatch $ 6,500.00 • . TOTALAMOUNTOF THIS CHANGE ORDER: - $ . . 0.00 ... TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $- 1,055,500.00 • CONTRACT TIME Original Contract Time: 150 working days- Additional Contractible per Change order No.1 and 2 50 working days , 'Additional Contract Time Requested this change order 0 working days .Revised Contract Time per this Change Order 200 working days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments In contract price and•contract time stipulated In this Change Order represents full compensation for all Increases end decreases In the cost of,and the time required to perform the entire work under the Contract arising directly or Indirectly from Ihls Change Order and all previous Change Orders, Acceptance of this waiver constitutes en agreement between Owner and Contractor that the Change Order represents an all Inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change order after It Is properly executed." Accepted by: Revl��e��Wed by Re w. Viking Painting,LLC Amelia Villareal,P.E. artBertkowlak • Contractor Clty Engineer Director of Public Works 10/18/21 1�I�_^�_r� I• and Technology Servlces Data: . . .Date: V a Date:/d•�2D 2 , Reco men y —' Approved by: Atttadby: - ��G�(,�MOAA�,,,f Schaumbur Polk,Inc. Kyle Hayes Tina Broussard 4A Engineer � City Manager CllyClerk ]� i1 ,�, )Octet , , �/` r Data, ,Q" L Z Octet f/ 'Q� al '` -T �I 0I ,,cro,rnrn :LOS 40 Page lofl ea 'II% . ,0 • • APPROVAL OF CONTRACT CHANGE CHANGE ORDER No,Two(2) DATE:. liuly14,2021 .• PROJECT: City of Oaaumont,Texas West Elevated Storage Tank Rehabilitation Old No,WU0121-07 OWNER: City of Beaumont,Taos 801 Main Street • Beaumont,Togas 77704 CONTRACTOR: Vl%ing Painting,LLC 305 N 9816.Street • • Omaha,NE 68114 TO THE OWNERS Approval of the following contract change Is requested, Reason for Change:To Install an owner supplied Pax Mixing System and associated appurtenances oRiGINAL CONTRACT AMOUNT: $ 849,900.00 • REVISED CONTDACTAMOUNT PER CHANGE ORDER No,1 $ 1,055,500.00 THIS CHANGE ORDER jigpt pelcriatlon - 19 MiscellanoeuiTank Repairs Allowance-Reduce the Miscellaneous Tank Repairs Allowance by$10,700,00 $ (10,700.00) .to Install en Owner supplied Pax Mixing System and associated appurtenances,Remaining Contingency Allowance•040040-$m,7d9,0D=$9,300.00 15 Install en Owner supplied Pan Mixing system and associated appufleflencas $ . 10,700,00 . TOTAL AMOUNT OFTHIS CHANGE ORDER: $ 0,00 TOTAL REVISED CONTRACTAMOUNT INCLUDING THIS CHANGE ORDERI $ 1,058,500,00 • CONTRACTTIME original Contract Time: 150-working days Revised contract Time per Change order No.1 195 working days • Additional ContractTlme Requested this change order 5 working days Revised Contract7hno per this Change Order 200 working days CONDITION OP CHANGE: "Contractor acknowledges and agrees that the adjustments In contract price end contract time stipulated In this Change Order represents full compensationfor eli increases and decreases In the cost.of,and the limo required to perform theentira work under the contract artting directly or Indirectly from this Change Order and all previous Change Orders.Acceptance of this waiver constitutes en agreement between Owner and contractor that the Change order represents eh all Inclusive,mutually agreed upon adjustment to the contract,end that Contractor will waive all righti to file a claim tin this Change Order after It Is properly executed," • • Re om ande : Approved hyL Accepted by: • Schaumburg& 1k,Inc, City of Beaumont Viking Painting,LLC • Engineer. Owner Q ll • Contractor • Donal O . Mat _O.� I Dtlol 7/14/21 . • • Page 1of1 • APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One(1) DATE: June 7,2021 PROJECT: City of Beaumont,Texas West Elevated Storage Tank Rehabilitation Bid No.WU0121=07 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Viking Painting,LLC 305 N 93'dStreet Omaha,NE`68114 TO THE OWNER: Approval of the following contract change Is requested. Reason for Change:To provide for removal and replacement of 16 roof support rafters ORIGINAL CONTRACT AMOUNT: $ 849.900,00 THIS CHANGE ORDER to Description 15 Remove and replace existing 16 roof rafters with 16 new roof rafters,ADD 1 LS @$205,600.00 $ 205,600.00 TOTAL AMOUNT OF THIS CHANGE ORDER No.1 $ 205,600,00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 1A55.500A0 CONTRACT TIME Original Contract Time: 150 Working days Additional Contract Time Requested this change order 45 Working days Revised Contract Time par this Change Order 195 Working days CONDITION OF CHANGE:. "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all Increases and decreases In the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file.a claim on this Change Order after it Is properly executed." Recomm nde; pproved by: Accepted by: Schaumburg& � ,Inc.nc. City of Beaumont Viking Painting,LLC. Engineer . Owner Contractor Date: 621 . Date: 4 -it-Z 1 Date:06/09/21 • • Page 1 of 1 March 10, 2022 SCHAUMBURG&'POLK,INC. eta ; f -�iiI Ms. Amalia Villarreal, P.E. City Engineer City of Beaumont 1350 Langham Road Beaumont, Texas 77704 Re: City of Beaumont West Tank Storage Tank Rehabilitation Bid.No. WU0121-07 Dear Ms. Villarreal, This letter is intended to serve as our written certification that the above referenced project has been completed, and to the best of our knowledge, the work has been constructed in accordance with the plans and specifications. Please note that the warranty period for the above referenced project started February 10, 2022 and will run for a period of 12 month thereafter. If you need any additional information, please call. Sincerely, SCHAU BURG & 'OLK, INC. _sj Nestor Barro-ta • Project Eng' eer cc: Mr. Luan Ha, Viking Industrial Painting A:WMT11176-West EST xehabllitatlon\ConstructIon\Closeaut\Ceftificate of Complefion.docx 8865 College Street, Suite 100 I Beaumont, TX 77707 �3 P: 409.866.0341 I F: 409.866.0337 4„ W SPI ENG corn 11.10, • Contractor's Application for Payment No. 5ItT Application Period: ,2/14?-212712.?: Application Date: •',2128/20.?,21: To(Owner): -.'P.641.4nibta; " From(Contractor): F.FcMSTn4Pctilal1!alnenk,Via(Engineer): `:gcliamn10.ifi*FO4r4O0 - Project ELV,Tcrile, Contract t' ',FT:79321707: 07711eTt C011traCtNO.: Contractor's Project No.: P139'Y. : •-1- Engbleer's ProjeCt No.: • Application For Payment Change Order Summary Approved Change Orders L ORIGINAL CONTRACT PRICR S 51349.900.00 Number Additions Deductions 2.Net change by Chrome Orderg - S 5197.800.00 1 =05,600.00 3. Current Contract Price(Line I.+.2) S S1.047.700.00 4 37,800.00 4.TOTAL COMPLETED AND STORED TO DATE (ColmEnF on Progress Estimate) S S1.047.700.00 S.I:LETA/NAGE: a. X S1.047.700.00 Work Completed........ S b.5% X Stored S e.,Total Retainage(Line Sa+Line SI) 6.AMOUNT ELIGIBLE TO DATE(Line 4-Line Sc) S S1.047.700.00 TOTALS 5205,600.00 -S7,800.00 7.MSS PREVIOUS PAYMENTS(Line 6 from prior Appfication)—....—....... S S995,315.00 NET CHAN'GE BY $197 800.00 8.AMOUNT DUE THIS APPLICATION S SS2.385.00 , CHANGE ORDERS 9.BALANCE TO FiresH,PLUS RETAINAGE (Column G on Progress Estimate+Line S above) Contractor's Certification The undersigned Contractor certifies trat to the best of its knowledge:(1)all payment oe $52 85.00 previous progress payments received from Owner on account of Work done under • 8 or oth -attach lanati amotmt) the Contract have been applied on account to discharge Contractor's legitimate obligations incased in connection with Work covered byprior Applications for is reannentieby: 03 j/G/ Payment(2)title of ali Work,materials and egnipment incorporated in said Work / or otherwise listed in or covered by this Application for Payment will pass to (Enda (bate) Owner at time ofpayraent free and clear of all Liens,security interests and • encumbrances(except such as are covesed by a Bamd acceptable to Owner Payment e .5"Z. 3 es-. 00 indemnifying Owner against any such Liens,security interest or encumbrances); (line 8 or other-attach camlanation ofthe other amount) and(3)all Work covered by this Application for Payment is in accordance with /1": --- 0/4/z.2_ the Contract Documents and is not defective. is approved by: (Date) • - By Da te: 4./%2•Kilt, ,Xe‘.\ \.111/4AA.1_01 45 1190D=ii1D7 2 Approved by.L.ezail, Fmtding Agency(if applicable) (Date) Endorsed by the Construction Specifications Institute. 11114111 1 _ _ _ Progress Estimate . Contractor's Application For(contrast): ,8 ,tenmc?mti?R,,.;< s; N�ba: '4RIt�-Application APP]ieabonPedod: :1171J2 a:::::.:: ::.:::.:; :::.:.;::.:.:::............,:: :: . ..:::--;:,:.:::;;;;,. ..,::;' >'£L:a:=ii'i:,r::::::;: ,.... ..:., :. .....:. .�.::.;:.:...,. ti®rioaDttta A B Wok Completed. E F G Item. C D Materials Presently : Total Completed •% Balmmceto Fmish Specification Section Deseciptioa SchedaledValue F�PreionsApplication This Period Stored(aotiaCorD) sod Stored to Date () (B_p) No. (C+D) (C+D+E) B Beaumount,TX West Tank 1 MobTtzation .. $15,000.00 $15,000.00.. S15,000.00 100.0% 2 Tank Coating 2.1 Containment S187,750.00 $187,750.00 S187,750.00 100.0% 22 Interior Wet Coating : 22a Interior Wet Blast and Prime $100,000.00 S100,000.00 S100,000.00 100.0% 221 2nd Coat $40,000.00 $40,000.00 $40,000.00 100.0% 22e 3rd Coat $80,000.00 $80,000.00 S80,000.00 100.0% 23 Exterior Coating 23a Exterior Blast and Prime $150,000.00 $150,000.00 S150,000.00 100.0% 23b 2nd Coat $40,000.00" $40,000.00 S40,000.00 100.0%: 23c 3rd Coat $60,000.00 S60,000.00•. S60,000.00 100.0%. 234 4th Coat, .. $90,000.00 .. S90,000.00 . $90,000.00 100.0% 3 Solute Salt Test,Exterior S600.00 $600.00 IS600.00 100.0% 4 $2;680:08. S lS0O.00 6:27380:00 4084196 5 Solute SaltTest Coating Interior S600.00 S600.00 S600.00 100.0% 6 '$2,500.00 $2r500.00 $27500.00 .80,046 7 Yard Pipe Coating $3,500.00 $3,500.00 33,500.00 100.0% -8 Remove and Replace Existing ladder S26,300.00 $26306.00 S26,300.00. 100.0% 9 Remove and Replace Roof Truss Rods. S3,000.00 .S3,000.00 33,000.00 100.0% 1D Remove and Replace Keeper Boit S2,500.00. S2,500.00 S2,500.00 100.0% 11 Remove and Replace Existing Roof Ladder $13,600.00 S13,600.00 S13,600.00 100.0% 12 Logos $4,250.00 $4,250.00 S4,250.00 100.0% 13 $2,800.00 $2,800.00 $20888.80 480.0114 14 New Balcony landing $7,800.00 $7,800.00 $7,800.00 100.0% COI Replace Roof Trusses $205,600.00 $205,600.00 S205,600.00 100.0% : 15 Install Pad M1cingSystem S10,700.00 $10,700.00 . S10,700.00 100.0% 16 Remove and Replace 30'RoofEatch $6,500.00 $6,500.00 S6,500.00 100.0% ( (S7 800:00) (£ 880:00): :488:834, Totals S1,047.100.00 S1,047.700.00 31,047,700.00 100% RESOLUTION NO. WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-035 awarding a contract in the amount of$849,900.00 to Viking Painting, LLC, of Omaha, Nebraska, for the West Elevated Storage Tank Rehabilitation Project; and, WHEREAS, on June 15, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-148 authorizing the City Manager to execute Changer Order No. 1, in the amount of$205,600.00, for the replacement of sixteen (16) roof rafters due to unforeseen section loss from corrosion found during construction, thereby increasing the total contract amount to $1,055,500.00; and, WHEREAS, a Miscellaneous Tank Repair allowance, in the amount of$20,000.00, was included in the above noted contract; and, WHEREAS, on July 27, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-177 authorizing the City Manager to execute Change Order No. 2, in the amount of $10,700.00, to install a City-supplied mixing system and associated appurtenances, thereby decreasing the total Miscellaneous Tank Repair allowance amount to $9,300.00 and having no effect on the total contract amount of $1,055,500.00; and, WHEREAS, on October 20, 2021, the City Manager executed Change Order No. 3, in the amount of$6,500.00, to remove and replace the existing 30" roof hatch, thereby decreasing the total Miscellaneous Tank Repair allowance to $2,800.00 and having no effect on the total contract amount of$1,055,500.00; and, WHEREAS, Change Order No. 4, in the amount of ($7,800.00), is necessary to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total Miscellaneous Tank Repair allowance amount to $0.00 and decreasing the total contract amount to $1,047,700.00; and, WHEREAS, the project has been inspected by Schaumburg and Polk, Inc. and the Water Utilities Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4, in the amount of ($7,800.00) for additional work described above, thereby decreasing the total Miscellaneous Tank Repair allowance to $0.00 and decreasing the total contract amount to $1,047,700.00 for the West Elevated Storage Tank Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the West Elevated Storage Tank Rehabilitation Project be and the same is hereby accepted; and; BE IT ALSO RESOLVED THAT the City Manager is authorized to make final payment in the amount of$52,385.00 to Viking Painting, LLC, of Omaha, Nebraska. 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 22nd 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 22, 2022 REQUESTED ACTION: Council consider a resolution rejecting the bid received for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements Project BACKGROUND The Pine Street SWTP Polymer System and Chemical Storage Tank Improvements Project consists of structural modifications and various chemical storage improvements located in the bulk tank chemical farm area and in the chemical building of the Water Treatment Plant. Three (3)vendors attended the mandatory pre-bid meeting, and the City received one bid. The submitted bid was significantly more than the anticipated amount for this project. Until a bid is awarded the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. The project will be rebid at a later date. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on March 10, 2022, one (1) bids were received for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements Project; and, WHEREAS, the Public Works Department evaluated the one (1) bid submitted and found that the bid was over the anticipated estimate; and, WHEREAS, it is the recommendation of City of Beaumont Public Works Department Administration to reject the submitted bid and rebid the project at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the submitted bid for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements Project and that said bid should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bid received for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements 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 22nd day of March, 2022. - Mayor Robin Mouton - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, sewer, and water improvements in Pine Glen Fifth Addition Subdivision Phase 2, Section 1. BACKGROUND On December 9, 2021, a final inspection from all entities was completed for the following: • Essie Lane approximately 558 feet heading south from Tolivar Road to the extension of Essie Lane. Recommended for approval are the street, sewer, and water improvements for Pine Glen Fifth Addition Subdivision Phase 2, Section 1 right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, construction of the street, sewer, and water improvements constructed in Pine Glen Fifth Addition Subdivision Phase 2, Section 1 have been completed as follows: Streets • Essie Lane approximately 558 feet heading south from Toliver Road to the extension of Essie Lane. Street Maintenance, Sewer, and Water Improvements • Pine Glen Fifth Addition Subdivision Phase 2, Section 1 right-of-way only; and, WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works has determined that said improvements meet City standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above-referenced street, water and sanitary sewer improvements in Pine Glen Fifth Addition Subdivision Phase 2, Section 1 rights-of-way, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. 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 22nd day of March, 2022. - Mayor Robin Mouton - } • N i - \i/ . • i • ♦ 4 In11u11■ 4vonniule L ..... . fill ' CATHEDERAL CHRISTIAN SCHMI. ma v, 1 .. . • • Ill it. 1 .HVY'105 . . •• . I . • • ' TJLIVAR RI. r J Z 3 J _L_ �-i6 .f9- PROJECT — '-6 a —4.--F, _ 14 . 4 t P mr. LIMITS _ '" X —.�. [fir•— �} m`' DEUEL.OPEMENTMari FUTURE- � — = . ' . C = — �� • is, ,, ),I 11 .I 4 I I I f1Tf] i1 I. I f�t� i i i i PROJECT ice . LIMITS S a • • o • j . i F . ... / VICINITY MAPS = N.T.S. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, sewer, and water improvements in Pine Glen Fifth Addition Subdivision Phase 2, Section 2. BACKGROUND On January 10, 2022, a final inspection from all entities was completed for the following: • Essie Lane approximately 490 feet extension heading south from existing Essie Lane to extension of Sheila Lane. • Sheila Lane approximately 300 feet extension heading west from existing Sheila Lane to end of pavement. Recommended for approval are the street, sewer, and water improvements for Pine Glen Fifth Addition Subdivision Phase 2, Section 2 right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, construction of the street, sewer, and water improvements constructed in Pine Glen Fifth Addition Subdivision Phase 2, Section 2 have been completed as follows: Streets • Essie Lane approximately 490 feet extension heading south from existing Essie Lane to extension of Sheila Lane. • Sheila Lane approximately 300 feet extension heading west from existing Sheila Lane to end of pavement. Street Maintenance, Sewer, and Water Improvements • Pine Glen Fifth Addition Subdivision Phase 2, Section 2 right-of-way only; and, WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works has determined that said improvements meet City standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above-referenced street, water and sanitary sewer improvements in Pine Glen Fifth Addition Subdivision Phase 2, Section 2 rights-of-way, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. 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 22nd day of March, 2022. - Mayor Robin Mouton - i i ' , .I i _ _i 1 + i ......... ...... ......._.... b _ r.--1 .,.....___ . 1.._ • _ __ ..........___ , _ , ..._ i . . i w . F :: :1........___.+H ................. SHEILA LN VICINITY MAP N.T.S. . 16111 BEUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty foot (20')wide Utility Easement. BACKGROUND Entergy Texas, Inc. has agreed to convey a twenty foot(20')wide Utility Easement to the City of Beaumont. The easement is described as being a 0.4812 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League,Abstract No. 17, City of Beaumont,Jefferson County, Texas. The easement is for a 12"water line, 6" sewer force main. and a sewer lift station for Entergy located at 8630 Eastex Freeway. Acceptance and maintenance of the listed improvements will be presented for council consideration at a later date. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Entergy Texas, Inc. has agreed to convey one (1) twenty foot (20') wide utility easement, said easement being a 0.4812 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate the construction of a new waterline, an existing sewer force main, and an Entergy Sewer Lift Station located at 8630 Eastex Freeway; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one twenty foot (20') wide utility easement, said easement being a 0.4812 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2022. - Mayor Robin Mouton - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § UTILITY EASEMENT THAT, ENTERGY TEXAS,INC., a corporation, hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT,P. O. Box 3827,Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Utility Easement and the right to construct, alter, and maintain said sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating,repairing,rebuilding, replacing,relocating,removing sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT "1" Grantor agrees not to place any structures or appurtenances within the.Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the,said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2022. GRANTOR: ENTERGY TEXAS, INC. a corporation By: Printed Name: Stephen A. Miller Title: Manager,Real Estate ACKNOWLEDGMENT STATE OF LOUISIANA § PARISH OF § This instrument was acknowledged before me on this the day of 2022,by Stephen A. Miller, Manager of Real Estate, of Entergy Texas, Inc., a corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2022. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,TX 77704 4. 11.-41 WINDROSE LAND SURVEYING I PLATTING DESCRIPTION OF UTILITY EASEMENT 0.4812 OF AN ACRE OR 20,961 SQ. FT. A TRACT OR PARCEL CONTAINING 0.4812 OF AN ACRE OR 20,961 SQUARE FEET OF LAND BEING OUT OF AND A PART OF A CALLED 139.21 ACRE TRACT OF LAND(SAVE&EXCEPT 40 ACRES) DESCRIBED IN DEED TO ENTERGY TEXAS,INC., AS RECORDED UNDER JEFFERSON COUNTY CLERK FILE (J.C.C.F.) NO. 2020024254, SITUATED IN THE WESLEY DIKES LEAGUE, ABSTRACT NO. 17, JEFFERSON COUNTY, TEXAS, WITH SAID 0.4812 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE(NAD 83): BEGINNING AT A CAPPED 1/2 INCH IRON ROD FOUND ON THE NORTHEAST RIGHT-OF-WAY (R.O.W.) LINE OF HIGHWAY 69 (R.O.W.VARIES) FOR THE SOUTHAWEST CORNER OF A CALLED 40.00 ACRE TRACT DESCRIBED IN DEED TO STARSHIP BEAUMONT RV RESORT, LLC., AS RECORDED UNDER H.C.C.F. NO. 2018007512 AND MOST WESTERLY CORNER OF SAID 139.21 ACRE TRACT; THENCE,NORTH 86 DEG.30 MIN.33 SEC.EAST,ALONG THE SOUTH LINE OF SAID 40.00 ACRE TRACT,A DISTANCE OF 52.02 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,OVER AND ACROSS SAID 139.21 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 19 DEG.39 MIN. 12 SEC.EAST,A DISTANCE OF 30.00 FEET TO A SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 70 DEG.20 MIN.48 SEC.WEST,A DISTANCE OF 29.97 FEET TO AN INTERIOR CORNER; SOUTH 19 DEG.39 MIN.12 SEC.EAST,A DISTANCE OF 251.29 FEET TO AN ANGLE POINT; SOUTH 16 DEG.13 MIN.54 SEC.EAST,A DISTANCE OF 557.57 FEET TO AN ANGLE POINT; SOUTH 13 DEG.28 MIN.30 SEC.EAST,A DISTANCE OF 52.42 FEET TO AN ANGLE POINT; SOUTH 58 DEG.38 MIN.53 SEC.EAST,A DISTANCE OF 96.46 FEET TO A POINT ON THE NORTH R.O.W.LINE OF CHINN LANE(WIDTH VARIES)FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,SOUTH 76 DEG.15 MIN.00 SEC.WEST,ALONG THE NORTH R.O.W.LINE OF SAID CHINN LANE,A DISTANCE OF 28.23 FEET TO THE SOUTH END OF A CUTBACK CORNER OF THE INTERSECTION OF THE NORTH R.O.W. LINE OF SAID CHINN LANE AND THE NORTHEAST R.O.W.LINE OF SAID HIGHWAY 69 FOR THE MOST SOUTHERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,NORTH 58 DEG.38 MIN.53 SEC.WEST,ALONG SAID CUTBACK CORNER,A DISTANCE OF 84.85 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE NORTH END OF SAID CUTBACK CORNER,SAME BEING THE MOST WESTERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,ALONG THE NORTHEAST R.O.W.LINE OF SAID HIGHWAY 69 THE FOLLOWING COURSES AND DISTANCES: NORTH 13 DEG.28 MIN. 30 SEC. WEST, A DISTANCE OF 60.26 FEET TO A CONCRETE MONUMENT FOUND MARKING AN ANGLE POINT; NORTH 16 DEG.13 MIN.54 SEC.WEST,A DISTANCE OF 556.49 FEET TO AN ANGLE POINT; NORTH 19 DEG. 39 MIN. 12 SEC. WEST, A DISTANCE OF 295.17 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.4812 OF AN ACRE OR 20,961 SQUARE FEET OF LAND, AS SHOWN ON JOB NO.55468-UE-1, PREPARED BY WINDROSE LAND SERVICES. • . .... .. • / co•Q' Fig •a) r''A 6599 �t�� 03/04/2022 LUCAS G.DAVIS yO.j;6.8S,p �f DATE: R.P.L.S.NO.6599 •••Ftv STATE OF TEXAS FIRM REGISTRATION NO.10108800 SHEET 2 OF 2 713.458.2281 I 1 11 11 RICHMOND AVE , STE 150. HOUSTON, TX 77082 GENERAL NOTES AiiiiiIN 1. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT 71TLE REPORT OR ABSTRACTORS CERTIFICATE AND WOULD BE SUBJECT TO ANY AND ALL CONDITIONS OR RESTRICTIONS THAT A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE MAY DISCLOSE. glIFNORTH 2. BEARINGS WERE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. SCALE. r-100' (NADB3) 3. THIS EXHIBIT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. 4. THIS EXHIBIT DOES NOT IMPLY TO BE A LAND TITLE SURVEY OF THE SUBJECT PROPERTY AND IS NOT INTENDED TO BE USED FOR TITLE CONVEYANCE PURPOSES. \ \ CALLED 40.00 ACRES STARSHIP BEAUMONT RV RESORT, LLC. \ J.C.C.F. NO. 2018007512 — —___— — — P.O.B. \NL1 — — — FND 1/2'IRC /c LINE TABLE • W LINE BEARING DISTANCE— L1 N 86'30'33" E 52.02' y __ L2 S 19'39'12" E 30.00' N L3 S 70'20'48" W 29.97' iO L4 S 13'28'30" E 52.42' L5 S 58'38'53" E 96.46' N. N. L6 S 76'15'00" W 28.23' * L7 N 58'38'53" W 84.85' LB N 13'28'30" W 60.26' 0 N! UnUTY EASEMENT 0.4812 AC. /20,961 SQ. FT. SS y � rn s s �! V w �� 4. 1n CALLED 139.21 AC. (SAVE & EXCEPT 40 AC.) cr ENTERGY TEXAS, INC. rn J.C.C.F. NO. 2020024254 y is FND CONCRETE 0 MONUMENT r 4- r — FND 5/B'IR Aii (S i 4' am- CH1NN LANE L6 UTILITY EASEMENT 0.4812 AC. /20,961 SQ. FT. SITUATED IN THE WESLEY DIKES LEAGUE ABSTRACT NO. 17 JEFFERSON COUNTY,TEXAS FIELDED BY: - DATE: 03-04-2022 DRAWN BY: LH/CL REV: W I N D R O S E CHECKED BY: LGD REV: �T:���, LAND SURVEYING I PLATTING JOB NO. 55468-UE-1 REV: + 11111 RICHMOND AVE,STE 150 I HOUSTON,TX 77082 1713.458.2281 ♦ FIRM REGISTRATION NO.10108800 I WINDROSESERVICES.COM SHEET 1 OF 2 REV: BEAUMONT K TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot(10'.)wide Exclusive Water Line Easement. BACKGROUND Entergy Texas, Inc. has agreed to convey a ten foot(10')wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.8225 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League,Abstract No. 17, City of Beaumont, Jefferson County, Texas. The easement is for a water line for Entergy substation located at 8630 Eastex Freeway. FUNDING SOURCE . Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Entergy Texas, Inc. has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.8225 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate the construction of a new waterline for the Entergy Substation located at 8630 Eastex Freeway; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one ten foot (10')wide exclusive water line easement, said easement being a 0.8225 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2022. - Mayor Robin Mouton - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, ENTERGY TEXAS, INC, a corporation, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum- of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a hereof for all purposes (the"Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT "1" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this day of ,2022. GRANTOR: ENTERGY TEXAS, INC. a corporation By: Printed Name: Stephen A. Miller Title: Manager,Real Estate ACKNOWLEDGMENT STATE OF LOUISIANA § PARISH OF • § This instrument was acknowledged before me on this the day of 2022,by Stephen A. Miller, Manager of Real Estate, of Entergy Texas, Inc., a corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2022. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont, TX 77704 r114 WIN DROSE LAND SURVEYING j PLATTING DESCRIPTION OF WATER LINE EASEMENT 0.8225 OF AN ACRE OR 35,829 SQ. FT. A TRACT OR PARCEL CONTAINING 0.8225 OF AN ACRE OR 35,829 SQUARE FEET OF LAND BEING OUT OF AND A PART OF A CALLED 139.21 ACRE TRACT OF LAND (SAVE&EXCEPT 40 ACRES) DESCRIBED IN DEED TO ENTERGY TEXAS,INC., AS RECORDED UNDER JEFFERSON COUNTY CLERK FILE (J.C.C.F.) NO. 2020024254, SITUATED IN THE WESLEY DIKES LEAGUE, ABSTRACT NO. 17, JEFFERSON COUNTY, TEXAS, WITH SAID 0.8225 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE (NAD 83): COMMENCING AT A CAPPED 1/2 INCH IRON ROD FOUND ON THE NORTHEAST RIGHT-OF-WAY (R.O.W.) LINE OF HIGHWAY 69 (R.O.W. VARIES) FOR THE SOUTHAWEST CORNER OF A CALLED 40.00 ACRE TRACT DESCRIBED IN DEED TO STARSHIP BEAUMONT RV RESORT, LLC., AS RECORDED UNDER H.C.C.F. NO. 2018007512 AND MOST WESTERLY CORNER OF SAID 139.21 ACRE TRACT; THENCE, SOUTH 19 DEG. 39 MIN. 12 SEC. EAST, ALONG THE NORTHEAST R.O.W. LINE OF SAID HIGHWAY 69, A DISTANCE OF 201.56 FEET TO A POINT; THENCE,OVER AND ACROSS SAID 139.21 ACRE TRACT,THE FOLLOWING COURSES AND DISTANCES: NORTH 73 DEG. 20 MIN. 48 SEC. EAST, A DISTANCE OF 20.03 FEET TO THE NORTHERLY NORTHWEST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; NORTH 73 DEG.20 MIN.48 SEC.EAST,A DISTANCE OF 424.10 FEET TO AN INTERIOR CORNER; NORTH 16 DEG.39 MIN.07 SEC.WEST,A DISTANCE OF 14.61 FEET TO AN ANGLE POINT; NORTH 73 DEG.20 MIN.48 SEC.EAST,A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; SOUTH 16 DEG.39 MIN.07 SEC.EAST,A DISTANCE OF 14.61 FEET TO AN INTERIOR CORNER; NORTH 73 DEG.20 MIN.48 SEC.EAST,A DISTANCE OF 155.84 FEET TO AN INTERIOR CORNER; NORTH 16 DEG.39 MIN. 12 SEC.WEST,A DISTANCE OF 51.63 FEET TO AN ANGLE POINT; NORTH 73 DEG.20 MIN.45 SEC.EAST,A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; SOUTH 16 DEG.39 MIN. 12 SEC.EAST,A DISTANCE OF 51.63 FEET TO AN INTERIOR CORNER; NORTH 75 DEG.46 MIN.35 SEC.EAST,A DISTANCE OF 101.84 FEET TO AN INTERIOR CORNER; NORTH 14 DEG. 10 MIN. 19 SEC.WEST,A DISTANCE OF 11.37 FEET TO AN ANGLE POINT; NORTH 75 DEG.51 MIN.52 SEC.EAST,A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; SOUTH 14 DEG. 18 MIN.55 SEC.EAST,A DISTANCE OF 11.36 FEET TO AN INTERIOR CORNER; NORTH 75 DEG.48 MIN. 15 SEC.EAST,A DISTANCE OF 84.13 FEET TO AN ANGLE POINT; NORTH 86 DEG.30 MIN.33 SEC.EAST,A DISTANCE OF 512.95 FEET TO AN INTERIOR CORNER; SHEET 3 OF 5 713.458.2281 I 1 1 1 1 1 RICHMOND AVE , STE 150, HOUSTON, TX 77082 NORTH03 DEG.29 MIN.27 SEC.WEST,A DISTANCE OF 14.42 FEET TO AN ANGLE POINT; NORTH 86 DEG.30 MIN.33 SEC.EAST,A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; SOUTH 03 DEG.29 MIN.27 SEC. EAST,A DISTANCE OF 14.42 FEET TO AN INTERIOR CORNER; NORTH 86 DEG.30 MIN.33 SEC.EAST,A DISTANCE OF 453.58 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 03 DEG.29 MIN.27 SEC. EAST,A DISTANCE OF 565.06 FEET TO AN ANGLE POINT; SOUTH 40 DEG.21 MIN.58 SEC.WEST,A DISTANCE OF 20.75 FEET TO AN ANGLE POINT; SOUTH 62 DEG.05 MIN.45 SEC.WEST,A DISTANCE OF 33.77 FEET TO AN ANGLE POINT; SOUTH 73 DEG.20 MIN.48 SEC.WEST,.A DISTANCE OF 894.10 FEET TO AN INTERIOR CORNER; SOUTH 52 DEG.20 MIN.48 SEC.WEST,A DISTANCE OF 75.59 FEET TO AN ANGLE POINT; SOUTH 73 DEG.20 MIN.45 SEC.WEST,A DISTANCE OF 2.82 FEET TO AN INTERIOR CORNER; SOUTH 16 DEG. 39 MIN. 15 SEC. EAST, A DISTANCE OF 17.54 FEET TO A POINT ON THE NORTHERLY CURVED R.O.W. LINE OF CHINN LANE (WIDTH VARIES) FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,WITH A CURVE TO THE LEFT ALONG SAID CURVED R.O.W. LINE,HAVING A RADIUS OF 953.54 FEET,A CENTRAL ANGLE OF 00 DEG. 38 MIN. 16 SEC., AN ARC LENGTH OF 10.61 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 87 DEG.05 MIN.54 SEC.WEST-10.61 FEET TO A POINT OF TANGENCY OF THE HEREIN DESCRIBED EASEMENT; THENCE, NORTH 16 DEG. 39 MIN. 15 SEC. WEST, OVER AND ACROSS SAID 139.21 ACRE TRACT, A DISTANCE OF 1.99 FEET TO AN INTERIOR CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, SOUTH 73 DEG. 20 MIN. 45 SEC. WEST, A DISTANCE OF 5.76 FEET TO A POINT ON THE NORTHERLY CURVED R.O.W.LINE OF SAID CHINN LANE FOR A SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,WITH A CURVE TO THE LEFT ALONG SAID CURVED R.O.W. LINE,HAVING A RADIUS OF 953.54 FEET,A CENTRAL ANGLE OF 00 DEG. 31 MIN. 20 SEC., AN ARC LENGTH OF 8.69 FEET, AND A CHORD BEAIRNG AND DISTANCE OF NORTH 88 DEG.02 MIN.40 SEC.WEST-8.69 FEET TO A SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,OVER AND ACROSS SAID 139.21 ACRE TRACT,THE FOLLOWING COURSES AND DISTANCES: NORTH 16 DEG.39 MIN. 15 SEC.WEST,A DISTANCE OF 60.31 FEET TO AN ANGLE POINT; NORTH 73 DEG.20 MIN.45 SEC.EAST,A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; SOUTH 16 DEG.39 MIN. 15 SEC. EAST,A DISTANCE OF 53.08 FEET TO AN INTERIOR CORNER; NORTH 73 DEG.20 MIN.45 SEC. EAST,A DISTANCE OF 4.00 FEET TO AN INTERIOR CORNER; NORTH 16 DEG.39 MIN. 15 SEC.WEST,A DISTANCE OF 12.00 FEET TO AN ANGLE POINT; NORTH 73 DEG.20 MIN.45 SEC. EAST,A DISTANCE OF 10.97 FEET TO AN INTERIOR CORNER; NORTH 52 DEG.20 MIN.48 SEC.EAST,A DISTANCE OF 75.59 FEET TO AN ANGLE POINT; NORTH 73 DEG.20 MIN.48 SEC. EAST,A DISTANCE OF 121.73 FEET TO AN INTERIOR CORNER; SHEET 5OF5 713.458.2281 I 11111 RICHMOND, STE 150, HOUSTON, TX 77082 NORTH 16 DEG.39 MIN. 15 SEC.WEST,A DISTANCE OF 7.30 FEET TO AN ANGLE POINT; NORTH 73 DEG.20 MIN.45 SEC.EAST,A DISTANCE OF 5.00 FEET TO AN ANGLE POINT; SOUTH 16 DEG.39 MIN. 15 SEC.EAST,A DISTANCE OF 7.30 FEET TO AN INTERIOR CORNER; NORTH 73 DEG.20 MIN.45 SEC.EAST,A DISTANCE OF 60.73 FEET TO AN INTERIOR CORNER; NORTH 16 DEG.39 MIN. 13 SEC.WEST,A DISTANCE OF 23.96 FEET TO AN ANGLE POINT; NORTH 73 DEG.20 MIN.48 SEC.EAST,A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; SOUTH 16 DEG.39 MIN. 12.SEC. EAST,A DISTANCE OF 23.96 FEET TO AN INTERIOR CORNER; NORTH 73 DEG.20 MIN.48 SEC.EAST,A DISTANCE OF 687.00 FEET TO AN INTERIOR CORNER; NORTH 16 DEG.39 MIN. 12 SEC.WEST,A DISTANCE OF 25.60 FEET TO AN ANGLE POINT; NORTH 73 DEG.20 MIN.48 SEC.EAST,A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; SOUTH 16 DEG.39 MIN. 12 SEC.EAST,A DISTANCE OF 25.60 FEET TO AN INTERIOR CORNER; NORTH 73 DEG.20 MIN.20 SEC. EAST,A DISTANCE OF 0.51 FEET TO AN INTERIOR CORNER; NORTH 62 DEG.05 MIN.45 SEC. EAST,A DISTANCE OF 30.87 FEET TO AN INTERIOR CORNER; NORTH 40 DEG.21 MIN.58 SEC. EAST,A DISTANCE OF 14.80 FEET TO AN INTERIOR CORNER; NORTH 03 DEG.29 MIN.27 SEC.WEST,A DISTANCE OF 551.04 FEET TO AN INTERIOR CORNER; SOUTH 86 DEG.30 MIN.33 SEC.WEST,A DISTANCE OF 965.59 FEET TO AN INTERIOR CORNER; SOUTH 75 DEG.47 MIN.47 SEC.WEST,A DISTANCE OF 194.64 FEET TO AN INTERIOR CORNER; SOUTH 73 DEG.20 MIN.45 SEC.WEST,A DISTANCE OF 599.42 FEET TO THE WESTERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; NORTH 19 DEG. 39 MIN. 12 SEC. WEST, A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.8225 OF AN ACRE OR 35,829 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 55468-WLE PREPARED BY WINDROSE LAND SERVICES. • 1���D •T . .Q J � j. a`s re4%.4.k • y� C 4N 01/06/2022 j '•...0...i..rr.........•• LUCAS G.DAVIS DATE: LUCAS G.DAVIS. R.P.L.S.NO.6599 sit REV:03/04/2022 STATE OF TEXAS �'7%0 6599 a�ro f. REV:03/07/2022 FIRM REGISTRATION NO. 10108800 'f''•'%cSQ�•�'t f air SHEET5OF5 713.458.2281 I 11111 RICHMOND, STE 150. HOUSTON, TX 77082 ei&N . N 85 E 512.952.95, FND 1/2"IRC „ ' CALLED 40.00 ACRES L14 y�fi$9'3 � RTH STARSHIP BEAUMONT RV RESORT, LLC. �6 — w / / J.C.C.F. NO. 2018007512 _ — — — — �— — 1-�0 L12 SCALE t�- "" `r 8 S 86'30'33' W 965.59' W 4 6 to FND P.O.C. 1 — — ,�• E L ?. �9 4 . W L3 �1 �55 gk S�5 4�' z N \ \ ,'� "I m �.\ \ - ' N. A. WATER LINE EASEMENT .1 / CM , `vi \\\ N�3 20 bre 6 20 45■ W yg9'�2 0.8225 AC. /35,829 SQ. FT. f / rn '.0.B. t N \. CALLED 139.21 AC. 9� •\ (SAVE & EXCEPT 40 AC.) `� ^6 ENTERGY TEXAS, INC. �� �� \ J.C.C.F. NO. 2020024254 4� s. �\..`..,, _PROPOSED 20'U.E. \ (7D BE RECORDED) < 661'p0 1 rn N 13"yo� 1 :13 � 4A0\ rw �1W69 .\ <W4g4 ��� 9390,4: GENERAL NOTESS 1. SURVEYORDIDNOTABSTRACT SUBJECT PROPERTY, THIS \ �4SURVEY WAS PREPARED A TIOUT THE ROPEN OF A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE AND WOULD BE SUBJECT TO ANY AND ALL CONDITIONS OR RESTRICTIONS THAT A CURRENT 11TLE REPORT OR FND CONCRETE ` 9 ABSTRACTORS CERTiFlCATE MAY DISCLOSE. MONUMENT `� 2 BEARINGS WERE BASED ON THE TEXAS STATE PLANE 1 ���8 ��� COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD83) 1l` 6 r„ L19 3. THIS EXHIBIT IS ACCOMPANIED BY A SEPARATE METES FND 5/8'IR \ ' n — _ 0 L20� — AND BOUNDS DESCRIPTION. V Cl 4. THIS EXHIBIT DOES NOT IMPLY TO BE A LAND TITLE \ 'CHINN LANE SURVEY �OF O BE USEDPROPERTYO TITLE ACONVEYA IS NCE PURPOSES. WATER LINE EASEMENT 0.8225 AC./35,829 SQ. FT. FIELDED BY: - DATE: 01-06-2022 SITUATED IN THE DRAWN BY: LH/CL REV: 03-04-2022 W 1 N D R O S E WESLEY DIKES ,LEAGUE CHECKED BY: LGD REV: �.��-.�'� LAND SURVEYING I PLATTING ABSTRACT NO. 7 JOB NO. 55468-WLE-1 REV: `+ 11111 RICHMOND AVE,STE 150 I HOUSTON,TX 77082 1713.458.2281 JEFFERSON COUNTY,TEXAS • FIRM REGISTRATION NO.10108800 I WINDROSESERVICES.COM , SHEET 1 OF 5 REV: • „NORTH SCALE. 1'•100' UNE TABLE LINE TABLE LINE BEARING DISTANCE UNE BEARING DISTANCE L1 N 73'20'48" E 20.03' L23 N 16'39'15" W 60.31' L2 N 16'39'07" W 14.61' L24 N 73'20'45" E 10.00' L3 N 73'20'48" E 10.00' L25 S 16'39'15" E 53.08' L4 S 16'39'07" E 14.61' L26 N 73'20'45" E 4.00' L5 N 16'39'12" W 51.63' 127 N 16'39'15" W 12.00' L6 N 73'20'45" E 10.00' L28 N 73'20'45" E 10.97' L7 S 16'39'12" E 51.63' L29 N 52'20'48" E 75.59' L8 N 75'46'35" E 101.84' L30 N 73'20'48" E 121.73' L9 N 1410'19" W 11.37' L31 N 16'39'15" W 7.30' L10 N 75'51'52" E 10.00' L32 N 73'20'45" E 5.00' L11 S 1418'55" E 11.36' L33 S 16.39'15" E 7.30' L12 N 75'48'15" E 84.13' L34 N 73'20'45" E 60.73' • L13 N 03.29'27" W 14.42' L35 N 16'39'13" W 23.96' L14 N 86'30'33" E 10.00' L36 N 73'20'48" E 10.00' L15 S 03'29'27" E 14.42' L37 S 16'39'12" E 23.96' L16 S 40'21'58" W 20.75' L38 N 16'39'12" W 25.60' L17 S 62'05'45" W 33.77' L39 N 73'20'48" E 10.00' L18 S 52'20'48" W 75.59' L40 S 16'39'12" E 25.60' L19 S 73'20'45" W 2.82' L41 N 73'20'20" E 0.51' L20 S 16'39'15" E 17.54' L42 N 62'05'45" E 30.87' L21 N 16'39'15" W 1.99' L43 N 40'21'58" E 14.80' L22 S 73'20'45" W 5.76' L44 N 19'39'12" W 10.01' CURVE CHART CURVE RADIUS DELTA LENGTH BEARING CHORD C1 953.54' 00'38'16" 10.61' N 87'05'54" W 10.61' C2 953.54' 00'31'20" 8.69' N 88'02'40" W 8.69' WATER LINE EASEMENT 0.8225 AC./35,829 SQ. FT. FIELDED BY: - DATE: 01-06-2022 • SITUATED IN THE DRAWN BY: LH/CL REV: 03-04-2022 �� WESLEY DIKES LEAGUE CHECKED BY: LGD REV: 4 401. . � ' N D R O S E �•� LAND SURVEYING I PLATTING ABSTRACT NO. 17 JOB NO. 55468-WLE-1 REV: �`' 11111 RICHMOND AVE,STE 150 I HOUSTON,TX 77082 1713.458.2281 JEFFERSON COUNTY,TEXAS • FIRM REGISTRATION NO.10108800 I WINDROSESERVICES.COM SHEET 2 OF 5 REV: 1 March 22,2022 Consider a request to abandon a portion of a City street right-of-way located at 5555 College Street BEAUMONt TEXAS TO: City Council FROM: Kyle Hayes, City Manager G 0 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a request to abandon a portion of a City street right-of-way. BACKGROUND Nathan Rivers is requesting the abandonment of a portion of City right-of-way located at 5555 College Street. They would like to designate a specific easement be retained, as opposed to the entire right-of-way. Structures were built in the 1970's without knowledge of the right-of-way, and subsequent surveys of the property did not show this right-of-way. Upon transfer of ownership this year, a plat dated 1931 was discovered showing the right-of-way. As the right-of-way has not been developed as a street and adjacent businesses have structures in this right-of-way, the new owner would like to abandon the right-of-way. Retaining the entire right-of-way as an easement would still leave encroachments, so the applicant has submitted a proposed utility easement to take care of existing utilities. At a Joint Public Hearing held on February 21,2022,the Planning Commission recommended 5:0 to approve the request to abandon a portion of a City street right-of-way with retention of the described utility easement with the following condition: 1. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. All of the required items for the condition have been submitted. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. BEAUMONT: Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Abandonment Tag Name:Abandonment of Road Right-of-Way Case#: PZ2022-15 Initiated On: 11/15/2021 11:21:22AM Location: 5555 COLLEGE ST, BEAUMONT,77707 Individuals listed on the record: Agent Nathan Rivers Home Phone: 1660 S. 23rd Street Work Phone: Beaumont,TX 77707 Cell.Phone: E-Mail: setex@setexconstruction.com Applicant Nathan Rivers Home Phone: 1660 S.23rd Street Work Phone: Beaumont,TX 77707 Cell Phone: 4098805185 E-Mail: setex@setexconstruction.com Property Owner Safehaven Properties, LLC Home Phone: P.O. Box 20658 Work Phone: Beaumont,TX 77720 Cell Phone: E-Mail: Flood Zones Flood Zone X Construction Type Occupancy Type Fire District Notes: Case Type:Planning and Zoning Page 1 of 1 Case#:PZ2022-15 Printed On: 1/31/2022 City of Beaumont Planning Commission DearComrnission: This letter is to request abandonment of the Road Right-of-Way at 5555 College Street, Beaumont; Texas 77707:The property currently has a building which was constructed in the 1970's. Upon transfer of ownership this year,there was found an older plat from 1931 which had a hand-written note referring to"Road Right-of-Way".This was not reflected on the last survey from 2001 nor the 1929 Plat. A.portion of the building falls into the easement;as can be seen on the most recent Survey(see attached).We are requesting the City of Beaumont allow the abandonment of this Right-of-Way.•There will remain a small utility easement for the Utility companies for the service line that feed the building on this property. Attached to this packet you will find,the.Application for Abandonment,most recent Survey, proposed Utility Easement,and the 1931 Plat. It is understood that if the Planning Commission recommends the Right-of-Way abandonment, I am to provide an appraisal,Title commitment and payment prior to this item being listed on the City Council Agenda.Should you have any questions,please contact me at(409)880=5185. Thank you for your consideration! Respectfully ub itted, • Nathan Rivers Safehaven,Properties, LLC P.O. Box 20658 Beaumont,Texas 77720 APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: November 15, 2021 We,the undersigned,being the sole owners of all the property abutting the proposed abandonment of the Road Right—of—Way at 5555 College Street i hereby respectfiffly petition that the right-of-way,alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition Safehaven Properties, LLC (tract) (tax plat) (survey) 5555 College Street Caldwood 5 Beaumont, Texas 77 7 7 6 Acres Signature-: 1 - .-/2) Name: Nathan Rivers NOTE:•Please print or type your name and then use signature. Separate sheets may be used. 2001 Survey • LOT 92 FOUND_ .• FOUND R `\Ino.no f I.R. LOT 1.1 102.0' - 001404 FETE--- --- .._- , • ' Illi }o l s o • . . I . ."i 1.LOT 9Ta o LOT' 10 oof W • .. y �� . I FOUND .. a FOUND }s FOUND N . . • IR_-`L.._. ._.... .__ a,. �I.R• �, 2700 d/ J.a' rLR, : E : . FOUND _ .. . 0.2' Sao' LR- o A' CONCRETE BLOCK . Fj • n f ;�h STUCCO.4U�CDFtiY, �p�'� S.o O/ • az •• r� c.aAVE1 •LOT 9 on macro ARE Sans VJ LOT 94 66 gs55 124 ti a O • . d`,N ' •. .. . ' 14 r.0' 3 .. I 1 w a .. • .. n 6R 11 tm .. • FOUND . COt•F4£O 1 LR. �& HOOD FENCE „�� 5•CL F, • ?.6' __ • NW' . . • ``FOUND. 170.00' FOUND J I.R. I.R. • -0.7I CI R, LOT 3 r LOT 4 _ UEAt SOLOING Cgs' ^T OYER'iEtO P ON CONCRETE SLAB .. ! 10' .- ELECIIECAL !. Q o; , IN ACCORDANCE %7IH T4E ROOD HA2ARO SERVICE '. { i 'OOVNOARY I.M.P.FEDERAL EMERGENCY . • W7LAGEUENE AGENCY.COMMUNITY-PANEL .. .. :p�- . 405467 0035➢:-DATED 12-4-➢ THIS4, IS PROPEPNY fC Wiero INS IN 000 ZONE C G'.LOn0N ON LA. P I f. .. .: •. .. 0 _R - OCTERMI4ED DE SCALE.AC1UAl.FIELD • ELEVATON NOT O'TERMNEO,rtt12 n S4IPUAei � .•.LOT 5 - - LOT•6 e LOT 7 LOT 8' rnzs NOT WARRANT NOR SU➢SCRTE TO TOE SURVEY.OF ACCURACY'OF SAID MAP:FEuA DUN O _ - ' ' • ZONE-c•AS AREAS OF S TRACT n 13 02. ca c ` ALL OF LOTS B, 6. 9 AND P?OPERT(i1E5 IN CENSUS iRAci 4IS.aa, -_._ .. T11 EAST 100,BEBd"OF LOT 10 I HERESY CERTIFY THAT I HAVE . . BLOCK O IN C .DWOOTY ACRES . .Pkk:F.tPED THIS FLAT FEOY AN ACTUAL I. • D r f - •.} - q _ ., BSAU1l.ONT, J&PFY.RSON COON'PY, TEXAS AND P.CCURATE SURVEY OF THE LAi.D //`. i•si .. . O�PCEM KE RAL AND TO TIE Da»T OF SLY 1(NONLEDOE,/. {, •4•. .- .. BELIEF AND ID NY PROFESSIONAL ../ a• N fo s DBCE1/DER.7, 2001 ' DP1111021 THIS PLAT`is CORRECT AND . BILLYJ.NOW 1 ' REF(EC.o Ttt?AT TSiL�ARE DO VIS1ts �••^ ELL ENCROACDHENTS'AT'THE TIME OF TDI 1� •P .1304 a A 1 SU RVEY'EXCEPT AS SHOWN. ,91,e°A',-s, 31" /' . �; ';'' ' __ _ f a ,. .r' .. FITTZ & ;SI IPMAN f k: -- — J g :INC. R L 7! H+ N0. 1305 FOUND PP 200.00' 2.5', . �L FOUND croNSDCttNe.execNrz 9 a 1svD SURVEYORS REGISTERED PROFESSIONAL LAND SURVEYOR ^_hr ' • • I.R. • COft •V,L STREET- I.R. .. f7MG. 1f0. $;G'SSOS 1405 COUREP2TDNS CSJO 1EA:4CTR,TEXAS... • ' vtOr DA E.12-J8-Ot cnOsl al?-YROD cm T40y,c3z-iaoa; No easement documented • • ••. • ,...,,,y„, .?...p,„,... •- i.P160.07-, w- 'frie.,50•,,,:'g.s.,..kgzq ,....,A..„.:.-41,- ic, ., ,.„s,.. .1-a,„....1,71.1g .-..„17:, .,,,,,,,, e.•c.4•04....1.,,*4 4,-,..v*,.i , - -..,,voiN*.--t-iw,A. 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WHEREAS, Nathan Rivers has requested the abandonment of a portion of the College Street right-of-way located at 5555 College Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, subject to the following conditions; • If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said right-of-way is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT a portion of College Street located at 5555 College Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law, subject to the following conditions; • If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. 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 22nd day of March, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.012 acre tract of land lying in the CHARLES WILLIAMS SURVEY, Abstract No. 59, Jefferson County, Texas, being out of and a portion of that certain tract of land described in an instrument to Safehaven Properties, LLC of record in County Clerk's File No. 2021007962 of the Official Public Records of Jefferson County, Texas being designated as part of a 50' wide road right-of-way easement of record in Volume 5 on Page 170 of the Map Records of Jefferson County, Texas and being out of and a portion of Lots 5 and 9 in Block 6 of Caldwood Acres of record in Volume 5 on Page 170 of the said Map Records, centerline being more particularly described as follows: COMMENCING at a 1/2" Capped Iron Rod found marking the South right-of-way line of College Street(a public roadway),the Northwest corner of Lot 4 in Block 6 of said Caldwood Acres,the Northeast corner of said Lot 5, having Texas State Plane Coordinates values of N: 13,967,540.70' and E: 3,500,897.20'; THENCE S 86°24'06"W along and with the South right-of-way line of said College Street and the North line of said Lot 5 for a distance of 4.00 feet to an existing powerline and being the POINT OF BEGINNING of the herein described centerline,having Texas State Plane Coordinate values of N: 13,967,540.45' and E: 3,500,893.21'; THENCE, over and across said Lots 5 and 9 and with the centerline of the herein described tract the following three (3) courses: THENCE S 04°13'06"E for a distance of 124.68 feet to an existing powerpole and being an angle point; THENCE S 01°19'02" E for a distance of 114.80 feet to an existing powerpole and being an angle point; THENCE S 07°12'54" E for a distance of 10.12 feet to a guy anchor, traversing a total distance of 249.60 feet to THE POINT OF TERMINATION. EXHIBIT "A" PZ2022-15: Request to abandon a portion of a City street right-of-way. N Applicant: Nathan Rivers Location: 5555 College Street 0 100 200 I I I I Feet ,`.{ i �. � ; '` � a�, Legend ,;' ,rt t ttM ''. 11 1 I ,, • rl �fli 1 1 I' g-•- °' GC— I I -il pg .. 1 a ,,L ,. „. ..:_..,, , .„,e ,--„,-F-i-iis- - *;"1 'I 1 3 I r • • it *I+� ° , , . 1- •-- ICOLLEGE S1_ __ al � _ _ -- 7P y s' ' } — i'� L • ,. -.1-4 m 4 Eta Irp., am.- s `_ E �.t •12 v_ I ,, * q ,A. ., oil 4 4.d k i} 9 a 1 1 o 0 4 , ..- • .-,., •-,., . -.1 ..1 1 1 1 11, 1,r,, ' . 1 r{i+ •" I. ic:t -::. '' ' V:Y: r l:+' • ? ti 1 I tz 7 • Kt lj y I t 'II n -- L t J — +. Te„` a�'.yl 1' i.1 kr'+i�} ;�� .. r i,P IYl lei - „,, [ T._.-- 'A--'1 1'-„,":' /3 � `3-i c :1'). c a r,, I'o r � r t ' , % a %�!} r aPT�asgg,� „, 1 _ ,.r Y '"th i I,'i31 r t 4 { + r Haiti / '}„0r`3i gr—.. 7,_ -. ii-. ,'ti r 7 t. 1 , 0_ 4 '1f `,_ �j�. , ___i Liog,0 ti,. -}};; (;a�� /. r. - :i. ,..,./.- '`J�r , y' r y'1: 1 , ' z k.,, I ,. tTii`41,'. A v ,S'!i,t., Jg410l,� ), ,1r rT ``�fir ,0.. e -, •w i -, r � lc...' jt_ .? '4 ,. ( "l." .., r. ,,,r , kor., _a I /:7 , ,.:,`-- `- Y.i 7e L r I.l ,- r 4 .yr ',kilts: r .n " mom I i , r.. ram_. ,._ — ;•' a4 r ,u ,.k 4S`Ce� "— ; i a . 44 L Q J i,.t t s b 7,'11 f:•.,c'a' R". rv.., I I EXHIBIT "B" ..- . . .... A Z I..' . . .. I k P.O.T. GAS 07'12'54" E 10.12' 111111111116. / N:13,967,291.30' PP E:3,500,906.29' 1 0 15 30 i-i� S C A L E I'I Lot 9 11 CUA L S VfiSLpiINS SURVEY, 2.0' absgrl'iog No. 59 .1 . Jefferson Conn yj Toms II S 0119'03" E 114.80' 31 r rP .012 Acres• G 50' Road Right of Way I Caldwood Acres Easement II Vol. 5, Pg. 170 Vol. 5, Pg. 170 II M.R.J.C.T. M.R.J.C.T. III S 04'13'06" E 124.68' DNG Automotive, LLC II1 Safehaven Properties, LLC CCF No. 2010019764 CCF No. 2021007962 E 0.P.R.J.C.T. r 0.P.R.J.C.T. a r) •I I 2O' III Lot 5 N IJ 11 Lot 4 Line Table III Sign Line # Direction Length g I L1 S86'24'06"W 4.00 0 1 Sign i �' P.O.CI P �/2' Capped Iron )'2 Capped Iron P.O.B. Fi Rod Found Rod Found N:13,967,540.45' N:13,967,540.70' E:3,500,893.21' t E:3,500,897.20' College Street U ql rn 0 Notes: 1. This survey was performed, and this . plot was prepared without the benefit -1 E OF . 1/4 i of a Title Commitment. �• 'S F i 2. All coordinates, bearings and distances &..*NS. STfp j• 7 F • indicated hereon are based on the (7;7 �� Ulf` E State Plane Coordinate values — South • frJ Central Zone 4204. Mitchell Lee Brackin ' W : , 5163 �.� Subject Property located in Flood Zone: X ``'9jy' FEs St0?•'&9/f g/L— • Community Panel No. 485457 0035 C ',(1 SUR�F'A Mitchell Lee Brackin 1 FIRM Dated: 08/06/02 + A- Registered Professional Land Surveyor No. 5163 I 0 0:\PROJECTS\21177.0000_TLSntergy Easement\Survey\Drawings_Current\21177 T1_5V_Easement.dwg Oct 22, 2021 01:39pm o ▪ Fitt&Shipman 2'wide Utility Easement- Entergy Texas, Inc. SHT.NO. v, INC. PROJECT.NAME: SafeHaven Properties,LLC Si wConsulti wEngmeersandL nd Surveyors 5555 College Street o 1405 CORNERSTONE COURT,BEAUMONT,TEXAS Beaumont,Texas 77707 PROJECT NO. a. PH(409)832-7238 FAX(409)832-7303 21177 T1 a T.B.P.E.FIRM#1160 •T.X.L.S.FIRM#100186 ©COPYRIGHT 2021 FITTZ&SHIPMAN,INC. DATE: Oct 22,2021 • '•, \ fri o r ri1 f t n 7 i• cb Des.+san` i , l vn ( {lllp� will 1� "` Jf'�'-'7P- a Y n.T '-tee- ..•S. {- 'S,•Wj y r ..c-y y.^ 2C1-011 2.51 Oft U +�'- :,-• a rt ,.. H& t,.+.....z 0,7k, . ,. v,.--- •'' + ' fi"8' y r� k:'-"$7 --'' te` •.r ,�, -t. •art ra-� .,,,,, p' '-` y ', T (X- .'rt• ' ,,, Ti. �a�1 ` y k{Ty. r` a.. '' 7 ..r+ ETA!k , {i*,,,,,r71,-f,d1ti5� Ru? .,"'• its• '. r •`4, .'z�u,x a T14. -er? 1,P.w-v .+:.. •, 2* t ,i, a ar r ,4 be.)", YF aF% r f 10'1'. • •,• <-t �.ry a T4 w` 1 4• r. • ':• ...:-'&"w�' a 44,. E '4 k ,.,y'. -:F ..a p ] . `. ,ti r x.`". . # ,c,L l-trZ,!i:i�.tz '1:aP '.' ".. "j f `' . ... jx`e'f'G' a ..�. 0 ate-' •,r? '3 •*�'°K•• _rS — ■ — • 1. Approx. Property Line n o ® Approx. Easement line c 2 March 22, 2022 Consider approving a contract for the purchase of liquid chlorine for use in the Water Utilities Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution approving a contract for the purchase of liquid chlorine for use in the Water Utilities Department. BACKGROUND Liquid Chlorine is used to purify the City's water supply and to treat sewage discharge. The Water Utilities Department expects to purchase approximately one hundred fifty (150)tons of this material during the term of this contract. Bids were requested from seven vendors and two responses were received. DXI Industries, Inc. of Houston holds the current contract and responded with the low qualified bid,of$1,724 per ton and a container rental fee of$11,700 for six months for a total of$270,300.This represents a 52% increase in the price of this material over last contract. Specifications allow for a six month contract with the option of two renewals of six month terms at the same pricing as the awarded contract. There are no local vendors of this commodity. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Liquid Chlorine for use by the Water Utilities Department; and, WHEREAS, DXI Industries, Inc., of Houston, Texas, submitted a bid for a total estimated amount of $270,300.00 in the unit amounts as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by DXI, Industries, Inc., of Houston, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by DXI Industries, Inc., of Houston, Texas, for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Liquid Chlorine for use by the Water Utilities Department for a total estimated amount of $270,300.00 in the unit amounts as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with DXI Industries, Inc., of Houston, 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 22nd day of March, 2022. - Mayor Robin Mouton - City of Beaumont Texas B EAU M©N T Purchasing Division - Bid Tabulation TEXAS Bid Name: Six(6) Month Contract for Liquid Chlorine Bid Number: TF0222-15 Bid Opening: Thursday, March 3,2022 Contact Person: Terry Welch, Purchasing Manager terrv.welchebeaumonttexas.aov Phone 409-880-3107 ;I— Vendor DXI Industries Brenntag m City/State Houston,Tx Lancaster, Tx W Phone or Fax No. 281-457-4807 972-218-3501 Item Description Qty(Tons) Unit Price Extended Price Unit Price Extended Price 1 Liquid Chlorine 150 $1,724.00 $258,600.00 $1,863.00 $279,450.00 2 Rental/Other Charges for $11,700.00 none containers TOTAL BID $270,300.00 $279,450.00 NOTE: Qualified low bidder is DXI Industries, as Hilighted in Bold. 3 March 22,2022 Consider approving the purchase of an Itron fixed network software upgrade from Republic Meter, Inc. of Dallas to be used for digitally reading the water meters BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of an Itron fixed network software upgrade from Republic Meter, Inc. of Dallas. BACKGROUND Itron fixed network equipment is used for digitally reading the water meters. This purchase is to upgrade the software that works with the digital meters. The current software must be upgraded to function on the new server hardware and operating system that has been purchased. The server hardware and software had to be replaced as it was end of life. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. Republic Meter is the only reseller/distributor of Itron equipment and software for the Texas and Oklahoma region. Total project cost for the replacement software will be $104,500. FUNDING.SOURCE Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of an upgrade to the Itron fixed network software from Republic Meter, Inc., of Dallas, Texas, the sole source having.. exclusive rights to modify and maintain the software, in the amount of $104,500.00, for use by the Water Utilities Department. 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 22nd day of March, 2022. - Mayor Robin Mouton 4 March 22,2022 Consider authorizing the City Manager to execute Change Order No. 2,to the contract with Placo, Ltd. for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project BEAUMONT TEXAS TO: City Council FROM:. Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, to the contract with Placo, Ltd. for the Lift Station& WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project. BACKGROUND On March 9,2021,by Resolution 21-056, City Council awarded a contract to Placo, Ltd., of Lumberton, for the Lift Station& WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project in the amount of$671,493.01. Previous Change Order No. 1, in the amount of$29,816.39, is attached for your review. Proposed Change Order No. 2, in the amount of$69,180.90, is required to remove and replace four sets of pump guide rails and a pump base replacement at the Bennett Lift Station. A total of seventy-nine (79)calendar days will be added to the contract for the additional work. If approved, Change Order No. 2 will result in a new contract amount of$770,490.30, with 333 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. 2, 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. 21-217 WHEREAS, on March 9, 2021 the City Council of the City of Beaumont; Texas passed Resolution No. 21-056 awarding a contract in the amount of $671,493.01 to Placo, Ltd., of Lumberton, Texas, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project; and, WHEREAS, Change Order No. 1, in the amount of $29,816.39, is necessary to increase the size of the flood barrier at Tyler Street Lift Station and increase the size of the .'electrical platforms at the Bennettt Lift Station and Stonetown Lift Station to accommodate the larger electrical equipment required for the addition of the proposed Variable Frequency Drive (VFD) units to be added to the pump controls, thereby increasing the total contract amount to $701,309.40; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $29,816.39 for the additional work described above, thereby increasing the total contract amount to $701,309.40 for the Lift Station.&:WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations 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 5.51. PASSED BY THE CITY COUNCIL of the City of Beaumont this the.22nd.day of September, 2021. ( :-_j tif-t.4t9 .14947-b°6)1q - Mayor Robin Mouton - •may"` g Sp% ) APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two(2) DATE: February 11,2022 PROJECT: City of Beaumont,Texas Lift Station&WWTP Repairs Tropical Storm Harvey. Group 2 lift Stations Bid No.WU0121-11/FEMA 1113512,13477,13510 OWNER: - City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Placa,Ltd 11939 Leatherwood Drive Lumberton,Texas 77657 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To Remove and replace four(4)sets of pump guide rails and pump base replacement at the Bennett Lift Station.This Change Order is not eligible.for FEMA reimbursement. -`"-- ----ORIGINAl.CONTRACTANIOUNT:— 671,493.01 REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE ORDERS: S 701,309.40 THIS CHANGE ORDER New Item Description Remove and replace four(4)sets of pump guide rails and pump base replacement at the Bennett Lift $ 69,180.90 6 Station,including sump clean out,rail and hardware,labor,pickup and small tools,bypass pumping, crane rental,bond and builders risk Increase and 15%markup.ADD$69,180.90/L5. TOTAL AMOUNT OF THIS CHANGE ORDER: $ 69,180.90 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 770,490.30 PERCENT OF THIS CHANGE ORDER 10.30% TOTAL PERCENT CHANGE ORDER TO DATE 14.74% CONTRACT TIME Original Contract Time: 180 calendar days Additional Contract lime per Previous Change Orders 74 calendar days Additional Contract Time per this Change Orders 79 calendar days Revised Contract Time 333 calendar days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or Indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Accep by. Reviewed by: ifRe : #41/ /, Pie" d. Amalie Villareal,P.E. • Bart Bartkowiak Contr for City Engineer Director of Public Works 1 _ ^/'� and Technology Services Date: Date: 4.5] 1 l.Y l a Date:. 3 -/' -ZZ "'1 Re • Approved by: Attested by: Schaumburg&P c,Inc Kyle Hayes Tina Broussard Engineer City Manager • . City Clerk. Date: v Date: . Date: APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One111 DATE:., 'August 30,2021 PROJECT: City of Beaumont,Texas Lift Station et W WTP Repairs ' Tropical Storm Harvey Group 2 lift Stations Bid No.W1J0121-11/FEMA 11133512,13477,13510 OWNER: - City of Beaumont,Texas . 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Placo,Ltd 11939 Leatherwood Drive Lumberton,Texas 77657 1 , TO THE OWNER: Approval of the following contract change is requested. Reason for Changes To increase the size of the flood barrier at the Tyler Street Lift Station to avoid a conflict with the existing building tiedown clips;and,to increase the size of the electrical platforms at the Bennett Lift Station and the Stonetown Lift Station to accommodate the larger..- electrical equipment required for the addition of the proposed variable frequency drive(VFD)units to be added to the pump controls. ORIGINAL CONTRACT AMOUNT: $ 671.493.01 THIS CHANGE ORDER Item Description 1 Mobilization-Additional Bond Premium;ADD$300.00/lump sum $ 300.00 2 Tyler Street Lift Station- Increase the size of.the_flood harrier;ADD$1,538.21/lump sum. 5 1,538.21 3 Bennett Street Lift Station-Increase the size of the electrical platform including additional footings;'ADD. $ 13,624.71 $13,624.71/lump sum. 4 Stonetown Lift Station-Increase the size of the electrical platform including additional footings;ADD $ 14,353.47 $14,353.47/lump sum TOTAL AMOUNT OF THIS CHANGE ORDER: $ 29,816.39 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 701,309.40 CONTRACT TIME, Original Contract Time: 180 calendar days Time requested due to delays in equipment delivery due to COVID,and revisions to platform dimensions 74 calendar days Revised Contract Time per this Change Order 254 calendar days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change.Order represents full compensation for all increases-and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or Indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this ChangeOrder after it is properly executed." Z ed by: Reviewed by: ' Revl= / } , ©®� 2 4 d Amelia Villareal,P.E. far Bartkowiak' �0 Cont ctor City Engineer Director of Public Works * ' A '� µ' ," 0p `L ,-^/ and Tech ology Services r .f', {L Date: 3 I—"2. Date: l 1I l 4D� I Date: �- 7 Z / t, w•' h ' l '8 A i eeoae , r' e o -in Ih7 fU,,tY>XnA. . } Reco mend y Approved by: ;1...... `V t sled by: V{! chaumburg oik Inc. Kyle Hayes Tina Broussard • A`,\R „,,,,Ngs,..`k " Engineer .7) City Manager A City CI ^[ 2 Date: " `��•. Date: i r 23—Z, Date: .' V .a,.' RESOLUTION NO. WHEREAS, on March 9, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-056 awarding a contract in the amount of $671,493.01 to Placo, Ltd., of Lumberton, Texas, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project; and, WHEREAS, on September 22, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-217 authorizing the City Manager to execute Change Order No. 1, in the amount of$29,816.39, to increase the size of the flood barrier at Tyler Street Lift Station and increase the size of the electrical platforms at the Bennettt Lift Station and Stonetown Lift Station to accommodate the larger electrical equipment required for the addition of the proposed Variable Frequency Drive (VFD) units to be added to the pump controls, thereby increasing the total contract amount to $701,309.40; and, WHEREAS, Change Order No. 2, in the amount of $69,180.90, is necessary to remove and replace four (4) sets of pump guide rails and a pump base replacement at the Bennett Lift Station, thereby increasing the total contract amount to $770,490.30; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $69,180.90 for the additional work described above, thereby increasing the total contract amount to $770,490.30 for the Lift Station &WVVTP Repairs Tropical Storm Harvey Group 2 Lift Stations 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 22nd day of March, 2022. - Mayor Robin Mouton - 5 March 22, 2022 Consider a request for a Driveway Permit to allow for a second driveway to serve 5770 Calder Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: March 22, 2022 REQUESTED ACTION: Council consider a request for a Driveway Permit to allow for a second driveway to serve 5770 Calder Avenue. BACKGROUND The homeowners at 5770 Calder Avenue would like to add a second driveway. This new driveway would open onto the major arterial street of Phelan Boulevard. The existing driveway, which would remain, opens onto Calder Avenue. A permit for an accessory building at this address was issued on January 20, 2022. However, the proposed driveway was not shown on the submitted plans, nor was a drive permit requested or granted. City staff were later notified that the applicant's contractor had removed a section of the curb and had started construction of the proposed driveway. As no permits had been issued for. this driveway, a Stop Work Order was immediately issued. Permits for driveways are required under City of Beaumont.Ordinance 14.03.091, which states they must be obtained before performing the work. Upon review of the requested driveway, City staff considered a variety of factors including the impact on traffic and safety the new driveway would along the major arterial street. City of Beaumont Ordinance 26.03.002, - "Streets" states that arterial and collector streets such as Phelan should not be developed with direct driveway access or parking. The determination was made that a residential driveway at this location is highly discouraged as entering or exiting could potentially cause an unsafe condition due to interruptions in traffic flow and possible collisions._ Currently there are no residential driveways onto Phelan Blvd east of Arlington Drive. As allowed by City of Beaumont Ordinance Section 14.03.061,the applicant has now submitted an appeal of the denial of the new driveway for further consideration by City Council. FUNDING SOURCE Not applicable. Orlando & Lela Cormier 5770 Calder Ave • Beaumont TX 77706 02/08/2022 To:Council Member Mike Getz Ref: Variance of City Ordinance Sec:26.03.002 streets. I am writing to request an Area Variance of the city ordinance Sec. 26.03.002 Streets, be presented for approval at the next City Hall meeting: The ordinance list Phelan Blvd as a Collector Street which prohibits a residential driveway direct connected access to Phelan Blvd. My residence is located at 5770 Calder Ave which has no access to the rear of the property from Calder Ave. Therefore,the only access-to the rear of the property is from Phelan Blvd. A new garage is being constructed for storage of a RV and boat in the rear area of the property. The requested driveway access from Phelan Blvd willhave a forty foot recessed area before the entry gate that will allow immediate access on to the property without impeding traffic upon entry or exit. The rear area also affords enough driving space to turn around and always exit vehicle first eliminating the need to back into traffic. All extra efforts and expenses were set in place in the planning of this driveway area based on the traffic flow of Phelan Blvd. • The access is for personal use and will not have heavy use however, having direct connected access without having to cross over curve and loose fill will assist in not impeding traffic. Please consider approval of this variance as it will not cause an eye sore or a hardship on the flow of traffic on Phelan Blvd. Thank You Orlando&Lela Cormier . , • . . ; . P . - • gs.' - , - , . . . . . . . . • : tts): ; r• 1 : tQ . . ,, : .: \1\3: . _4.' • .----1- ' '. \-!' '''...i-'.' • 0 r----- , , . . ‘,._ ,-.. a . ,p) . _I, . . • . , . 1 • 7:t. 1. . -. \-.....,_ ::_pi al . , . • • -• 1-, -..5,.- . .. • • •-• 1 • •• -.. - • , , .. . -4- • ,d) , •.. s. • . -(:N• t, •. -it. .._.6 . . . • ,. . L3- vs-, 1 i.°_ t'' it ,:,-] , .• \ - :2 :. ‘n. 7 'ctil a . _____ „t oc . • op . - ..p. . . . , . c. • c=3i,-; ----71 ,.z. .; ' 2 cz>.... • i ./.\ . . . . . Q . • ! 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WHEREAS, Orlando and Lela Cormier, the homeowners at 5770 Calder Avenue, would like to add a second driveway which would open onto the major arterial street of Phelan Boulevard; and, WHEREAS, a permit for an accessory building at this address was .issued on January 20, 2022, however, the proposed driveway was not shown on the submitted plans, nor was a drive permit requested or granted; and, WHEREAS, City staff were later notified that the applicant's contractor had removed a section of the curb and had started construction on the proposed driveway, therefore, a Stop Work Order was immediately issued; and, WHEREAS, upon review of the requested driveway, City staff considered a variety of factors including the impact on traffic and safety the new driveway would impact along the major arterial street; and, WHEREAS, City staff considered the request and is recommending denial of a driveway permit to allow for a second driveway to serve 5770 Calder Avenue as entering or exiting a residential driveway at this location could potentially cause an unsafe condition.due to interruptions in traffic flow and possible collisions; and, WHEREAS, the City Council of the City of Beaumont, Texas is of the opinion that issuance of such driveway permit is in the best interest of the City of Beaumont and its citizens; 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 a driveway permit to allow for a second driveway to serve 5770 Calder Avenue, as shown on Exhibit"A,"attached hereto and made a part hereof for all purposes, is hereby granted to Orlando and Lela Cormier. 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 22nd day of March, 2022. - Mayor Robin Mouton - r -• ,--77"—..:`7F- t3I'T.".0,""*.* Y.'irSetr,741F' ---,; ei,- -„. • rvir "'3f �- f ,• e-Ri tf�a • •• .ci .",!1 +�4\ j' y'r----;-„t?\ 'i 1t. It "k.. " 'r14 > r r.t ri';?' e 7 _ :x• a, ,!-,111 •t� f ,/,f ',y et-s4- '-,- ,.' 1 %'#.', '.A 4o F` f 3 1 t +. l7 r. 1l A� a S * v/ "'�ici '''' CIS., 1`. s s, 4 ..1 ii; ,,,.,..,-"- .`, * ''',\ .:45t*.*.z.Ns• '...-,, ... 'X''it.,-,'"‘ ',il - • '„';'1'.-,4'. ' yam, t: ,••'3 r #+ d .a� - } ,a,t T i, ,, .y, :„• .$+.A # 19` r 1' "- (ra `'` t 1* -k, ., E'!"�. OS: 0. 'F3 Z. jr .'", \, ,,-.,, .,y as; 4`,F. ` -. , F i t ., ..• { w �'s =_ 'PROPOSED r DRIVEWAY r� -'V. 1,w �.. 0 ,. w ;F�. ; ,f, *APPROACH t :• 'e t\ ' 3 �,r t'�''If ,� 'v`` -0 tR « *I 1\t • 4-+, `# \ i x r ,. .. � rI:A • `C s f} .,s; j *g;,Y9.. ? • 1` ,\r�, " f ,41�f , . 1�. :, 'DRIVEWAY LWIDTH NOT 3.��.-;w �. :.,,,,`. • R'."1— `t,, vm 1 1 INDICATED ON SUBMITTED - s � ;'va.t \-4 t ''�' .I a -FT. , ' �' " SITE PLAN • t'r f Q . /313,013SP. ,,_-*'?'WA:: ,..„.ff 7 7:::'.. , ,,, „_\_, .,,,...,,(3,0* ... ,,s_zNi FRO,' 13E 5. .i 1.1 .., . ,.,t3�* ,� _. t ' y a $ ''' . j , ' ,.._ y `. ,^/ , L •. • k,4p ai# ,,, 1 i fie{ 1 i+ r' . {i t, 14� , 4.y -.-` ' , � PROPOSED CONCRETE 1. "t" k,' x 't i.,,. pry- `' .� M -'- t tr 4.` '4'r'''' ,.': �, ; .. - GARAGE AND STORAGE , ; ,' \ �` ,�- 1, '.; s f ' FOR RV AND BOAT rr ":. i�` - ''�f +R a yt fi; y V..4 '1"t'1k w ` $ ; +' • =r 1 .. 'I. a -r. ..,:'' 1 h ,_- r;., T • t -I °F '� .:L '� t .'. .i.1 `rS� ,tk a _ 4,11? -,‘ A' ..- 1'•.` •''t....•'' ., ''. ..'-,,.",'''',..."A ' , , -L., • '7-741,gi, t „„ ' .07 (,. ,,t; '. - 1--. ,--;,-...-,,.--,,..„ • w "k ..,}" •. d_s A Nlr `, •* ''',*,.1,- ,,l t sa,i.. .i fit' . p _--cw- �' - -r y • q .� , £ if S! ,t .d ry . !.,'.�` g �R r ' �,'. .1 ..1 t�k 1 t i I,: I. �� $'- •• +. 1 4' ,•s- NOTES: '`, , ' ' 4 t r4 4U , , ..- . 1. PROPERTY LINES ARE SHOWN IN YELLOW. s 1 r • 2. ALL DIMENSIONS ARE BASED ON THE I }� ° �. 1.-r v 4 4 1 r.:': ` -1 APPLICATION INFORMATION. EXHIBIT "A" PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2022 Annual Action Plan BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager a, PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: March 22, 2022 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2022 Annual Action Plan. BACKGROUND As mandated by the U. S..Depailinent of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years prior to adopting the City's Annual Action Plan. Planning & Community Development staff, along with the Community Development Advisory Committee(CDAC),has hosted Public Hearings in order to receive public comments on the process and activities related to the 2022 Annual Action Plan. Attached is the proposed Budget for the 2022 Program Year. The proposed Preliminary Budget reflects estimated allocations of$1,405,240 in Community Development Block Grant(CDBG) funding, an estimated $2,000 in Program Income and $514,688 in HOME funding. Please note these amounts may change slightly before the final adoption as we receive the final amounts from HUD. FUNDING SOURCE U.S.,Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Conduct the Public Hearing. 2022 HUD CONSOLIDATED GRANT PROGRAM As of 2/23/2022 PRELIMINARY COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2022 Budget CLEARANCE AND DEMOLITION 300,000 Funds will be used to demolish unsafe,unsanitary and uninhabitable residential structures located in low to moderate income areas. PUBLIC FACILITY&IMPROVEMENT(Special Projects to be determined) 220,400 HOUSING MINOR REPAIR—(Habitat for Humanity) 350,000 Funds will be used to repair approximately 12 homes at$24,999 each,for the elderly and disabled. Rehabilitation Administration (Project Delivery Costs) Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, 71,722 and regulatory requirements associated with the implementation of the housing Repair Program. PUBLIC SERVICES(15%) 200,000 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION (19%) 263,118 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. TOTAL ENTITLEMENT 1,405,240 Program Income 2,000 Clearance and Demolition *Program Income is Estimated TOTAL CDBG $1,407,240 HOME PROGRAM Budget AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home(down payments assistance/closing costs,and mortgage buy downs). HOME ADMINISTRATION 51,469 CHDO OPERATING (5%) 25,734 (Community Housing Development Organization Operating) CHDO RESERVE(15%) 77,203 (Community Housing Development Organization Reserve) ENTITLEMENT(70%) 360,282 TOTAL HOME $514,688 Facilities are wheel chair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact (409) 785-4793 for further information. Esta instalacions ADA son accesible con estacionamineto para personas discapacitadas. En caso de ser necesarios los servicios interpretativos, por favor, pongase en contacto 48 horas antes de la reunion y se les proporcionara el servicio necesario. Telefono: (409) 785-4793