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HomeMy WebLinkAbout06/14/2022 PACKETTEXAS ME, STING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JUNE 14, 2022 1:30 PM AGENDA CALL TO ORDER Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions * Public Continent: Persons may speak on the Consent Agenda and Items 1-6 * 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 June 7, 2022 City Council Meeting Minutes B. Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary improvements in Spring Wood Subdivision Section 2 C. Authorize the Interim City Manager to sign the safety lighting project plans in connection with the 2018 Highway Safety Improvements Program Interconnect Signals Project D. Approve the amended Drug and Alcohol Policy for employees of Transit Management of Beaumont-"BMT Zip" E. Authorize the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to BDS Constructors, LLC d/b/a MK Constructors for the Loeb Groundwater Facility Chemical Improvements Project F. Approve a resolution rejecting all bids received for a contract to feplace the chilled water and boiler piping for the Main Public Library and Police Department buildings REGULAR AGENDA 1, Consider approving multiple purchasing cooperative contracts for the purchase of medical supplies used in the EMS Division 2. Consider authorizing the Interim City Manager to award a contract to To-Mex Construction, LLC, of Houston, for the Street Rehab Sewer Line Pipe Bursting Project C©nsider authorizing the Interim City Manager to award a contract to Allco, LLC, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project 4. Consider authorizing the Interim City Manager to award a contract to King Solution Services, LLC, of Houston, for the City Wide Pipe Bursting Contract - Phase I Consider approving a resolution granting consent for the creation of a municipal management district within the boundaries of the City of Beaumont 6. Consider approving an ordinance allowing the placement and occupancy of two manufactured or industrialized homes for up to twenty-four months within Beaumont Municipal Management District Number One COMMENTS Public Comment (Persons are limited to 3 minutes) Councilinembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551,071 of the Government Code: GADV, Inc. d/b/a L&L General Contractors vs. The City of Beaumont; Cause No. A-0207973 Persons with disabilities who plan to attend this meeting and who may treed auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. BEAUMONT TO: City Council FROM: Chris Boone, Interim City Manages• PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider approval of the June 7, 2022 City Council Meeting Minutes. .:.` T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Mayor Pro Tern JUNE 7, 2022 Chris Durio, Ward IV Tina Broussard, City Clerk Chris Boone, Interim 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, June 7, 2022, at City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:30 p.m., to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-4 Mayor Mouton called the council meeting to order at 5:30 p.m. Pastor Gerald Smith Sr., Great Love Zion Church of God in Christ gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Present at the meeting were Mayor Mouton, Mayor Pro Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Chris Boone, Interim 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 1-4 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 May 24, 2022, City Council Meeting Minutes B. Authorize the Interim City Manager to execute an Interlocal Agreement with the South Minutes — July 7, 2022 East Texas Regional Radio System agencies - Resolution 22-139 C. Authorize the Interim City Manager to apply for and receive grant funds from the Foundation for Southeast Texas, HEB, and Entergy, far the Annual Summer Reading Program -- Resolution 22-140 Councilmember Getz moved to approve the Consent Agenda. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a resolution accepting maintenance of the street, sewer, and water improvements in Champions Subdivision Phase II. On April 20, 2022, a final inspection from all entities was completed for the following: • Dania Drive approximately 215 feet extension north of existing Dania Drive to include a Cul-de-sac. • Omar Street approximately 369 feet heading west from existing Dania Drive, thence approximately 286 feet north to include a Cul-de-sac. Recommended for approval are the street, sewer, and water improvements for Champions Subdivision Phase II right-of-way only. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THAT STREET, WATER AND SANITARY SEWER IMPROVEMENTS IN CHAMPIONS SUBDIVISION PHASE 11 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, Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NE1LD NAYS: NONE MOTION PASSED Resolution 22-141 Minutes — July 7, 2022 2. Consider approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the libraries. SirsiDynix is used in the Library System for maintaining records for circulation, cataloging, patron portal access, and other internal processing. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software agreement provides twenty-four hours a day, seven days a week unlimited telephone support and offsite hosting. This agreement, in the amount of $80,240.16, is for an annual period beginning September 2022. Funds will come from the General Fund. Approval of the resolution. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE THE RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT WITH SIRSIDYNIX, OF LEHI, UTAH, THE SOLE SOURCE HAVING EXCLUSIVE RIGHTS TO MODIFY AND MAINTAIN THE SOFTWARE FOR ALL OF THE CITY'S LIBRARY BRANCHES, IN THE AMOUNT OF $80,240.16. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-142 3. Consider approving the annual renewal of a Managed Detection and Response service from Arctic Wolf Networks, Inc. of Eden Prairie, MN. Pricing was originally obtained through the Sourcewell purchasing cooperative. Sourcewell provides cities and political subdivisions with the means to purchase at contracted prices under the procurement statutes of the State of Texas. This request is for the annual renewal of the services. The Arctic Wolf Managed Detection and Response ("MDR") solution is delivered by the Arctic Wolf Concierge Security® Team (CST) and is based on the industry's only cloud - native security operations platform. It provides 24x7 monitoring of networks, endpoints, and cloud environments along with a managed approach to detection, response, and recovery from modern cyberthreats through managed triage and concierge services that guide cybersecurity response. The managed detection and response service was budgeted. The cost for the service for fiscal year 2022 is $100,667,04. Minutes — July 7, 2022 Funds will come from the General Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HERESY APPROVES THE PURCHASE OF A MANAGED DETECTION AND RESPONSE (MDR) SERVICE FROM ARTIC WOLF NETWORKS, INC., OF EDEN PRAIRIE, MINNESOTA, IN THE AMOUNT OF $100,667.04 THROUGH THE SOURCEWELL COOPERATIVE PURCHASING PROGRAM. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS; NONE MOTION PASSED Resolution 22-143 4. Consider approving the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system. The Mitel phone system is in use in a large number of City facilities. The system provides telephone communications, voice mail and four -digit dialing. The purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the Mitel infrastructure. The annual cost is $103,852.95. Funds will come from the General Fund. Approval of the resolution. Councilmember Durio moved t0 APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE RENEWAL OF AN ANNUAL SUPPORT AGREEMENT FOR THE MITEL PHONE SYSTEMS FROM CREATIVE SWITCHING DESIGNS, INC., OF HOUSTON, TEXAS, AS THE SOLE SOURCE HAVING EXCLUSIVE RIGHTS TO MAINTAIN THE MITEL INFRASTRUCTURE, IN THE AMOUNT OF $103,852.95 FOR USE BY ALL CITY DEPARTMENTS FOR THE PURPOSE OF TELEPHONE COMMUNICATIONS, VOICE MAIL AND FOUR -DIGIT DIALING; AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN ANNUAL SUPPORT AGREEMENT WITH CREATIVE SWITCHING DESIGNS, INC., OF HOUSTON, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-144 COMMENTS Minutes — July 7, 2022 * Public Comments (Persons are limited to three minutes) Preston Thibodeaux 9095 Riggs Beaumont TX Spoke to Council regarding an issue that he's having with his neighbor that lives across the street, gave an account of incidents that have occurred over the years, as well as an incident with the Beaumont Police, he's been having these issues for the past 20 years and is asking for some help Terry Roy 9150 Shephard Beaumont TX Spoke to Council regarding the ditches in the Amelia Neighborhood, wanted to know if he and his neighbors have to go through another flooding season before the city will dig the ditches out, the city needs to start being proactive instead of reactive to situations, stated it doesn't take much to dig ditches out, he's tired of coming to Council to speak about toilets and ditches, it's time for the city to start doing some work, knows that there's a program that's going on regarding the digging of ditches but he's sure it doesn't include Amelia and if it does it's probably only a few ditches * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - STATED THAT HE'S BEEN RECEIVING A LOT OF CALLS ESPECIALLY FROM THE SOUTH PARK NEIGHBORHOOD RESIDENTS REGARDING GUN SHOTS IN THE EVENING TIME, THE RESIDENTS STATED THEY AREN'T CALLING TO REPORT THE GUN FIRE BECAUSE THEY DON'T THINK THEY WILL REMAIN ANONYMOUS, ASKED THAT IF RESIDENTS HEAR GUN SHOTS AT ANYTIME THEY NEED TO CALL THE POLICE, THE POLICE CAN'T BE EVERYWHERE, EVERYONE HAS TO DO THEIR PART AND THE COMMUNITY'S PART IS TO CALL IN SO THE POLICE WILL KNOW WHAT'S GOING ON AND TO INVESTIGATE, ANNOUNCED THE JUNETEENTH CELEBRATION ON SUNDAY, JUNE 19, 2022, FROM 4:00 P.M. TO 9:00 P.M., IN DOWNTOWN BEAUMONT, THERE'S STILL OPENINGS FOR THE BBQ COOKOFF AND THE CAR SHOW, CONGRATULATED MAYOR MOUTON, ON BEING NEWS MAKER OF THE YEAR BY THE SOUTH EAST TEXAS PRESS CLUB COUNCILMEMBER GETZ - CONGRATULATED THE MAYOR ON BEING NEWS MAKER OF THE YEAR, STATED THAT IT'S BEEN OVER TEN YEARS SINCE HE RECEIVED THAT AWARD AND IT WAS MEANINGFUL TO HIM AND KNOWS THAT IT'S MEANINGFUL TO HER, STATED THAT SHE HAS BROUGHT A COLLEGIALITY TO THIS COUNCIL AND THEY ARE ALL WORKING TOGETHER WELL AND IT'S LARGELY A RESULT OF HER LEADERSHIP, ANNOUNCED THAT ON FRIDAY NIGHT, JUNE 10, 2022, THERE WILL 13E A SHOWING OF FIDDLER ON THE ROOF, AT THE JEFFERSON THEATRE Minutes — July 7, 2022 COUNCILMEMBER TURNER - CONGRATULATED THE MAYOR ON BEING NEWS MAKER OF THE YEAR, ANNOUNCED JUNETEENTH ON SUNDAY, JUNE 19, 2022, FROM 4:00 P.M. TO 9:00 P.M., IN DOWNTOWN BEAUMONT, COMMENTED ON THE BBQ COOKOFF, THERE WILL BE GREAT PERFORMERS AND EVERYTHING IS FREE, THANKED THE INTERIM CITY MANAGER, CHRIS BOONE AND STAFF FOR ALL OF THEIR HARD WORK ON THE CELEBRATION, THANKED PUBLIC WORKS DIRECTOR, KART BARTKOWIAK FOR HIS ASSISTANCE AT 3290 PINE ST., FIRST FULL BAPTIST CHURCH, ENTERGY WENT OUT AND DID SOME WORK, ASKED IF HE COULD CONTACT ENTERGY TO GO BACK OUT AND COMPLETE THE WORK AND RETURN THE PROPERTY BACK TO THE WAY IT WAS COUNCILMEMBER FELDSCHAU - CONGRATULATED THE MAYOR ON BEING AWARDED NEWS MAKER OF THE YEAR MAYOR PRO TEM SAMUEL - CONGRATULATED THE MAYOR ON BEING AWARDED NEWS MAKER OF THE YEAR COUNCILMEMBER NEILD - CONGRATULATED THE MAYOR ON BEING AWARDED NEWS MAKER OF THE YEAR CITY ATTORNEY REED - CONGRATULATED THE MAYOR ON BEING AWARDED NEWS MAKER OF THE YEAR INTERIM CITY MANAGER BOONE - CONGRATULATED THE MAYOR ON BEING AWARDED NEWS MAKER OF THE YEAR MAYOR MOUTON - THANKED THE PRESS CLUB FOR THE AWARD ON BEING NEWS MAKER OF THE YEAR, COMMENTED ON A CONFERENCE THAT SHE ATTENDED IN SAN ANTONIO FOR EMERGENCY 4 MANAGEMENT TRAINING, ASKED THAT EVERYONE GET PREPARED FOR HURRICANE SEASON, ENCOURAGED EVERYONE TO GET REGISTERED WITH STAN IF THEY HAVEN'T DONE SO, AND TO HAVE A PLAN FOR THEIR FAMILY, ALSO COMMENTED ON THE U.S. CONFERENCE OF MAYORS THAT SHE ATTENDED, IT WAS A GREAT CONFERENCE, ANNOUNCED JUNETEENTH ON JUNE 19, 2022, THE DEADLINE TO ENTER THE CONTEST FOR THE CAR SHOW AND BBQ COOKOFF IS FRIDAY, JUNE 10, 2022, THANKED INTERIM CITY MANAGER AND STAFF FOR ALL OF THEIR HARD WORK ON THE JUNETEENTH CELEBRATION,, ASKE THAT EVERYONE SPREAD THE LOVE Open session of meeting recessed at 6:02 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Minutes July 7, 2022 Requested arbitration by Firefighter Local 399 on behalf of civilian employee, Rashell Rodgers GADV, Inc. dlbla L&L General Contractors vs. The city of Beaumont; Cause No. A-0207973 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — July 7, 2022 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Spring Wood Subdivision Section 2. BACKGROUND On June 1, 2022, a final inspection from all entities was completed for the following; • Alexis Street approximately 285 feet extension northwest of existing Alexis Street to (3) OM4-3 end of pavement markers. • Riplee Street approximately 621 feet heading northeast from Alexis Street to include a Cul-de-sac. Recommended for approval are the street, storm sewer, water and sanitary sewer improvements for Spring Wood Subdivision Section 2 right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. VICiNIT AP -- N.T.S. RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary improvements constructed In Spring Wood Subdivision Section 2 have been completed as follows: and, Streets • Alexis Street approximately 285 feet extension northwest of existing Alexis Street to (3) OM4-3 end of pavement markers. • Riplee Street approximately 621 feet heading northeast from Alexis Street to include a cul-de-sac. Street Maintenance, Storm Sewer, Water and Sanitary Improvements • Spring Wood Subdivision Section 2 right-of-way only; 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 Department 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 Spring Wood Subdivision 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 14th day of June, 2022. - Mayor Robin Mouton - N TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MELTING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to sign the safety lighting project plans in connection with the 2018 Highway Safety Improvements Program (HSIP) Interconnect Signals Project. BACKGROUND The TxDOT Beaumont District was awarded three projects within the City of Beaumont for the 2018 Highway Safety Improvement Program. The proposed safety improvements were based on crash history from 2015 to 2017 involving serious injuries or fatalities. Upon the completion of the projects, TxDOT will turn over the new equipment to the City for maintenance per the Municipal Maintenance Agreement. The projects consist of the following: N. Major Drive at Collier Road The installation of advanced warning signs and pavement markings along Major Drive are intended to warn drivers about the upcoming traffic signal and potential for slow moving or stopped traffic. The proposed countermeasures are forecasted to have a crash reduction factor of up to 15% over the next ten years. Hwy 69 Frontage Roads at Lucas Drive The installation of pedestrian heads, sidewalks, and crosswalks are intended to improve the safety and provide accessibility for the different road user types. The proposed countermeasures are forecasted to have a crash reduction factor of up to 34% over the next ten years. Hwy 90 (College Street) from Major Drive to IH-10 TxDOT is proposing to install 42 streetlights along the south side of College Street. The installation of these new streetlights is forecasted to have a crash reduction factor of up to 49% over the next 15 years. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to execute Safety Lighting Project Plans with the Texas Department of Transportation (TxDOT) for the 2018 Highway Safety Improvements Program (HSIP) Interconnect Signals Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. - Mayor Robin Mouton - 41 TEXAS TO: City Council G)(� FROM: Chris Boone, Interim City Manager MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution approving the amended Drug and Alcohol Policy for employees of Transit Management of Beaumont - "BMT Zip". BACKGROUND Beaumont's transit system is managed by a private company, Transit Management of Beaumont- "BMT Zip". However, because the system receives fiinding and oversight from the Federal Transit Administration (FTA), the City of Beaumont must approve updates to the management company's Drag and Alcohol Policy in order to remain in compliance with FTA rules. Attached is the policy. I+UNDING SOURCE None. RECOMMENDATION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the amended Beaumont Transit System Drug and Alcohol Policy, substantially in the form attached hereto as Exhibit 'A" is hereby in all things approved for implementation by the Beaumont Municipal Transit System. 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 6-A1 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. - Mayor Robin Mouton - Transit Management r',g Beaumont Transit Drug & Alcohol POUCI ADOPTED: October o i , 2020 LAST REVISED. April 28, 2022 Revision 003 EXHIBIT "A" Table of Contents SECTION1 Purpose of Policy.... ............. . ........ .................................. - ....................... ................................. I SECTION2 Covered Employees.....................................................................................................................1 SECTION4 Consequences for Violations....................................................................................................... 2 SECTION5 Circumstances for Testing.,.... .............. ............................................... ...... ...... — ... .................. 2 SECTION6 Testing Procedures......................................................................................................................4 SECTION7 Test Refusals...............................................................................................................................5 SECTION9 Voluntary Self-Referral................................................................................................................5 SECTION9 Prescribed Drugs..... . ....... ................ _ ..... ......................... ___ .......................................... 5 SECTION 10 Adoption of Drug & Alcohol Policy Drug and Responsible Officials..........................................7 ATTACHMENTA Covered Positions............................................................................................................. 7 EMPLOYEEACKNOWLEDGEMENT................................................................................................................ S SECTION 1 Purpose of Policy This policy complies with 49 CFR Part 655, as amended and 49 CFR Part 40, as amended. Copies of Parts 655 and 40 are available in the drug and alcohol program manager's office and can be found on the Internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website I-Lt )-. /�_r i�si, µs 3ft Ei �.t c,t, c>v1C)rt�Aild&c�kL)V_. All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655. Portions of this policy are not FTA-mandated, but reflect Transit Management of Beaumont's policy, in addition, DOT has published 49 CFR Part 32, implementing the Drug -Free Workplace Act of 1988, which requires the establishment of drug -free workplace policies and the reporting of certain drug - related offenses to the FTA, All Transit Management of Beaumont (TMB) employees are subject to the provisions of the Drug -Free Workplace Act of 1988. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify his or her direct supervisor no later than five days after such conviction. Changes to this policy may be made without notice to ensure compliance with federal law. SECTION 2 Covered Employees This policy applies to every person, including an applicant or transferee, who performs or will perform a "safety -sensitive function" as defined in Part 655, section 655.4. You are a covered employee if you perform any of the following: a Operating a revenue service vehicle, in or out of revenue service • Operating a non -revenue vehicle requiring a commercial driver's license • Controlling movement or dispatch of a revenue service vehicle • Maintaining (including repairs, overhaul and rebuilding) of a revenue service vehicle or equipment used in revenue service • Carrying a firearm for security purposes See Attachment A for a list of covered positions by job title. SECTION 3 Prohibited Behavior Use of illegal drugs Is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body at or above the minimum thresholds defined In Part 40. Prohibited drugs include: • marijuana • cocaine • phencyclidine (PCP) • opioids • amphetamines All covered employees are prohibited from performing or continuing to perform safety -sensitive functions while having an alcohol concentration of 0.04 or greater. All covered employees are prohibited from consuming alcohol while performing safety -sensitive job functions or while on -call to perform safety -sensitive job functions. If an on -call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. if Transit Management of Beaumont Drug & Alcohol Policy 1 Rev D01 the on -call employee claims the ability to perform his or her safety -sensitive function, he or she must take an alcohol test with a result of less than 0,02 prior to performance. All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety -sensitive job functions. All covered employees are prohibited from consuming alcohol for eight (8) hours following Involvement in an accident or until he or she submits to the post -accident drug and alcohol test, whichever occurs first. SECTION 4 Consequences for Violations Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety -sensitive duty and referred to a Substance Abuse Professional, Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety -sensitive duties for at least eight hours unless a retest results in the employee's alcohol concentration being less than 0.02. Treatment/Discipline Per Transit Management of Beaumont policy, any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test will be suspended without pay and referred to a Substance Abuse Professional (SAP). Failure to contact the TMB SAP within seven (7) days upon notification of a failed test will result in termination. Employees are responsible for the cost of drug and/or alcohol treatment following a positive test or refusal to take a test. Employees eligible for health insurance benefits may be eligible to claim treatment costs under the health insurance plan. Ali deductible or copay amounts are the responsibility of the employee. Employees should refer to the health insurance provider policies for eligibility and claim information. Employees who are cleared to return to safety sensitive duties following successful completion of a substance abuse program may be required to continue SAP evaluation. Employees who successfully complete the requirements of the SAP and are released to return to their safety sensitive position will be subject to the return to duty and random testing requirements outlined in section 5 of this policy. SECTION 5 Circumstances for Testing SA Pre -Employment Testing A negative pre -employment drug test result is required before a prospective employee can first perform safety -sensitive functions. if a pre -employment test is cancelled, the individual may be required to undergo another test and successfully pass with a verified negative result before performing safety -sensitive functions. The prospective employee may also be removed for consideration as an employee. if a covered employee has not performed a safety -sensitive function for 90 or more consecutive calendar days, and has not been in the random testing pool during that time, the employee must take and pass a pre -employment test before he or she can return to a safety-sensitive function. A covered employee or applicant who has previously failed or refused a DOT pre -employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements. 5.2 Reasonable Suspicion Testing All covered employees shall be subject to a drug and/or alcohol test when Transit Management of Beaumont has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged In alcohol misuse. A reasonable suspicion referral for testing Transit Management of Beaumont ©rug & Alcohol Policy 2 Rev 003 will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. 5.3 Past -Accident Testing Covered employees shall be subject to post -accident drug and alcohol testing under the following circumstances; 5.3.1 Fatal Accidents As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on any surviving covered employee operating the public transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by Transit Management of Beaumont using the best information available at the time of the decision, will be tested, 5.3.2 Non -fatal Accidents As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident If at least one of the following conditions is met: The accident results in Injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident one or more vehicles incur disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by Transit Management of Beaumont using the best information available at the time of the decision, wail be tested. A covered employee subject to post -accident testing must remain readily available, or it is considered a refusal to test. Nothing In this section shall be construed to require the delay of necessary medical attention for the Injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Post -accident testing shall meet all FTA thresholds and drug/alcohol time testing limits as outlined in Part 655.44. All TMB employees are required to make themselves "readily available" for testing after any accident/incident and will remain available until they have been testes, or cleared not to be tested. 5.4 Random Testing Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety -sensitive functions are performed. Transit Management of Beaumont Drug & Alcohol Policy 3 Rev 003 Testing rates will meet or exceed the minimum annual percentage rate set each year by the FTA administrator. The current year testing rates can be viewed online at tv}v_v:?,tt tail ���r is icy �v clt s:;1rW �.cL r1 sti1i rrrf � s. The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer -based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made. A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety -sensitive functions, just before the employee Is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty. Each covered employee who Is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site. 5.5 Return to Duty Testing Any employee who is allowed to return to safety -sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete a SAP -required program of education and/or treatment, and provide a negative return -to -duty drug and/or alcohol test result. Any return -to -duty drug testing will be directly observed. All tests will be conducted In accordance with 49 CFR Part 40, Subpart O. Any employee has not performed a safety sensitive function for ninety (90) consecutive calendar days, regardless of the reason, shall be required to undergo a pre -employment drug test with a verified negative result. 5.6 Follow-up Testing Employees returning to safety -sensitive duty following leave for substance abuse rehabilitation will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP. A covered employee may only be subject to follow-up alcohol testing while the employee Is performing safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be subject to follow-up drug testing anytime while on duty. All fallow -up drug tests will be directly observed. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O, SECTION 6 Testing Procedures All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended. If there is a negative dilute test result, Transit Management of Beaumont will accept the test result and there will be no retest, unless the creatinine concentration of a negative dilute specimen was greater than or equal to 2 mg/dL, but less than or equal to S mg/dL. Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to S mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67). Split Specimen Test In the event of a verified positive test result, or a verified adulterated or substituted result, the employee may request that the split specimen be tested at a second laboratory, Transit Management of Beaumont guarantees that the split specimen test will be conducted in a timely fashion. Transit Management of Beaumont Drug & AlcohO Policy 4 Rev 003 SECTION 7 Test Refusals As a covered employee, you have refused to test if you: • Fall to appear for any test (except a pre -employment test) within a reasonable time, as determined by Transit Management of Beaumont. • Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre -employment test has not refused to test. • Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because he or she has left the testing site before the testing process commenced for a pre -employment test has not refused to test. • In the case of a directly -observed or monitored urine drug collection, fall to permit monitoring or observation of your provision of a specimen. • Fall to provide a sufficient quantity of urine or breath without a valid medical explanation. Fail or decline to take a second test as directed by the collector or Transit Management of Beaumont for drug testing. • Fail to undergo a medical evaluation as required by the MRO or Transit Management of Beaumont's Designated Employer Representative (DER). • Fall to cooperate with any part of the testing process. • Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly -observed test. • Possess or wear a prosthetic or other device used to tamper with the collection process. • Admit to the adulteration or substitution of a specimen to the collector or MRO. • Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). • Fail to remain readlly available following an accident, s As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. • As a covered employee, If you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety - sensitive functions, and referred to a SAP. SECTION 8 Voluntary Self -Referral Any employee who has a drug and/or alcohol abuse problem and has not been selected for reasonable suspicion, random or post -accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to their direct supervisor, who will refer the employee to the General Manager, who will refer the individual to a substance abuse counselor for evaluation and treatment. The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance. Any safety -sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety -sensitive function and will not be allowed to perform such function until successful completion of a prescribed rehabilitation program. SECTION 9 Prescribed Drugs Employees are required to inform their supervisor if they are prescribed and taking legal drugs tested for in Section 3. Employees are prohibited from performing safety sensitive functions while taking prescribed medications outlined in Section 3 of this policy. Employees who have been prescribed Transit Management of Beaumont D(ug & Alcohol Policy 5 Rev 003 medications in Section 3 will be subject to the provisions listed in Section 5.5 before returning to any safety sensitive function. If an employee tests positive for any of the semi -synthetic opioid drugs In Section 3 of this policy, the Medical Review Officer (MRO) will conduct an interview with the employee to determine if there is a legitimate medical explanation for the result. If an employee has a valid prescription, it should be provided to the MRO who will determine if the prescription is valid, if a legitimate medical explanation is established, the MRO will report the result as a'negative'. If not, the MRO will report the result as 'positive'. If the employee tests positive for medications outlined in Section 3 of this policy and has not informed his or her supervisor of the prescription, the employee will be subject to disciplinary action Including termination. DOT's regulation requires an MRO to report medication use/medical information to a third party (e.g. employer, health care provider responsible for medical qualifications, etc,), If the MRO determines in his or her reasonable medical judgement that an employee may be medically unqualified according to DOT Agency regulations, or if the employee's continued performance is likely to pose a significant safety risk. The MRO may report this information even if the MRO verifies a drug test result as 'negative'. Prior to an MRO reporting information to a third party an employee will have up to five days to have his or her prescribing physician contact the MRO. Employees are responsible for facilitating the contact between the MRO and a prescribing physician. A prescribing physician should be willing to state to the MRO that an employee can safely perform safety -sensitive functions while taking the medication(s), or consider changing the medication to one that does not make the employee medically unquaiified or does not pose a significant safety risk. Transit Management of Beaumont Drug & Alcohol Policy 6 Rev 003 SECTION 10 Adoption of Drug & Alcohol Policy Drug and Responsible Officials Questions regarding Transit Management 's anti -drug and alcohol misuse program should following. Alcohol Program Manager (DAPM): Operations Manager 550 Milam St. (409) 835-7895 Medical Review Officer: Dr Brian N. Heinen Ave, (888) 382-2281 (913) 752-3148 (fax) Substance Abuse Professional: Madeline Alford, LPC 6885 Phelan Blvd Beaumont, TX 77706 (409) 861-1.930 Drug & Alcohol Testing Collection Site: AFC Urgent Care - Beaumont 31.95 €]owlen lid. Suite 105 Beaumont, TX 77706 (409) 204- This policy is hereby adopted by Transit Management of Beaumont on this the `i` day of April, 2022. Claudia San Miguel General Manager Management of Beaumont Drug & Alcohol Policy Rev 003 Attachment A: Covered Positions Pursuant to 49 CFR Section 655.4 safety -sensitive employees are defined to as follows: "Safety -sensitive function means any of the following duties, when performed by employees of recipients, subrecipients, operators, or contractors: + Operating a revenue service vehicle, Including when not in revenue service; • Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License; ® Controlling dispatch or movement of a revenue service vehicle; • Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: • an employer who receives funding under 49 U.S.C. 5307 or 5309 is in an area less than 200,000 in population and contracts out such services • or an employer who receives funding under 49 U.S.C. 5311 and contracts out such services + Carrying a firearm for security purposes. At the time of adoption of this policy, the following Beaumont Transit/Transit Management of Beaumont positions are considered safety sensitive: Bus Operators • Bus Operator Trainees • Class "A" Maintenance Personnel + Class "B" Maintenance Personnel + Service Personnel • Maintenance Supervisors + Dispatchers or other personnel that dispatch operators o Paratransit Schedulers Transit Management of Beaumont Drug & Alcohoi Policy 8 Rev 003 Transit Management of Beaumont Drug & Alcohol Policy Acknowledgement I acknowledge that I have received a copy of the Transit Management of Beaumont Drug & Alcohol Policy for all covered employees who perform a safety -sensitive function. I understand that compliance with all provisions contained in the policy is a condition of employment, I further understand that the information contained in the policy dated October 01, 2020 and revised April 28, 2022, is subject to change, and that any such changes or addendum, shall be disseminated in a manner consistent with the provisions of 49 CFR Part 655, Employee Signature Date Signed Print Employee fame Transit Management of Beaumont Orug & Alcohol Policy 9 Rev n03 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to BDS Constructors, LLC d/b/a MK Constructors for the Loeb Groundwater Facility Chemical Improvements Project, BACKGROUND On March 16, 2021, by Resolution 21-065, City Council awarded a contract to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, in the amount of $645,000.00, for the Loeb Groundwater Facility Chemical Improvements Project. Previous Change Order Nos. 1-2, in the amount of $9,234.00, are attached for your review. Proposed Change Order No. 3, with no dollar amount, is required to add sixty (60) calendar days to the contract time for supply chain challenges and unforeseen shipping delays. The proj ect's final contract amount is $654,234.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 3, maintenance, and final payment in the amount of $65,423.40 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution, RESOLUTION NO. 21-065 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Loeb Groundwater Facility Chemical Improvements Project; and, WHEREAS, BDS Constructors, LLC dlbla MK Constructors, of Vidor, Texas, submitted a bid in the amount of $645,000,00; and, WHEREAS, the City Council is of the opinion that the bid submitted by BDS Constructors, LLC dlblaf MK Constructors, of Vidor, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT� THAT the statements and findings set out in the preamble to this resolution are hereby, In all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to BDS Constructors, LLC d/bla MK Constructors, of Vidor, Texas, in the amount of $645,000.00, for the Loeb Groundwater Facility Chemical Improvements Project; and, BE 1T FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with BDS Constructors, LLC, dlbla MK Constructors, of Vidor, 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 1 Bth day of March, 2021. r , r rMayor a Becky 4 (AI Y UI' BCALIMOPI I I Uolo; him 1,1022 Project; Laah 0i anndwatol L'headcal Imptorinlnnls comity: Jofforean UlsllEd: CAKIIlllanl ' CW111401 Ndrn6er: BiO M WUO121.010 Ovinen 01yd11BeaualolTt COHlnclolf MR Conslruolots C.O. Nos 3 T f: FOLLOW&0 IfAIWE6 III TIEPLAN3 NUf.ORSPECIFICATIONSARENERC{a A1AOE:- jConlroctoxtenslonof00day; duotosupply ciiolnchallengesand unloroseendataysInshipmento egvlpm016 ITetay01citepumpglad rasulladinauUae4tsnldelaysoftha heat fraror { syslana, oloclrkal Installellon, Mtd SCAOA progrnmmRpg This oleo lead to chepon47as With svallablNy of resources; — — — -- teoklfu, IlnlitCodo OEEGRIPTk011 Odglnak Cltmlpoln Total Utlti Ulill Pri@a w ADD fCELETE TDTAt AMOUt7T OF TIjjS CHANCE ORDER s aO WORKiNDOAY9 W0.L FAO rQr0 TH19 C11AtIDE ORDER —_ ORIGINAL CONTRACT AMOUNT, 5 606.000.00 NET FROM PREVIOUS0HANAEORDERC: _ •S-�y 4.00� TOTAL AMOUNT OF THIS CI tANQE OROEft; -' ' PERCENT OF THIS OHANGE ORDER; _ 090% TOTAL PERCENT CHANGE ORDER TO DATE:`_ 1,43y NEW CONTRACT AMOUNT: 5' ss4.234.00 CONTRACT TIME ORIGINAL CONTRACT TIME: 270 clilondlii difyj ADDITIONAL CONTRACT TIME PER PREVIOUS CHANCE ORDERS: 60cAlendarda a A0017IONAL CONTRACT TIME PER TH 19 CHANGE ORDER: Ca en or 8 a REVi9ED CONTRACT TIME, .390 calendar (toys CONDITION OF CHANOEI 'Conlractorackmrn ledges and agtaes thal Iho adjneouuds 1.1 cunkarA pdca and twliacl lh1lo a0oulalad In this Change Orderrepresanls hlllaarnpanseWn for oli Inmoses and dacroase5ln tha cost of, and the 11me ragvIred to perform gin enfYa woA mclor ft oonuo ct odshg OfecRY or indkea0y from Ihls Change Order and all pravlous Change Orders. Acceptance of flds avlver eonwilusos an agreement uelvlaan Ownet and Con$attclr thol tm Change Order represents an all IAcktslva, mullsi, egreed upon adpisiment to tha Contract, end thalConVeclor 011 Aalya Zghts to lga 9 claim on lhla Chonge Order ahoy k Is property axacutad' 6ce"1 .0 BYi �'REPA4 t MN CaluV�rClors+R P DATi JOHH PIVPI flr, Elh- PATE YfATO ITTaa pr%ati hiAIIAOER REVIEWEO BY; a'A)6W6 A LIAVIL A �*-NAAa DATE CIt v elt01NEER APPROVED BY: DIRECTOR Of PLIQLIO WORRB A TECH110100Y VERVICE9 ATTESTED BY: CHRIS BOONE � DAI= TRIADROtr89 r15 DATE INTERIM CITY MANAGER CRY CLERK CITY O% BEAUMONT Dales Fobnfary 11, 2022 PlOfaall Looh GroundwatOr chondaal hmpfown Dnta countyt Jefferson Dfalfloli Dasumont conlraol Nunmharr DID NO, w110121.00 Ovrnarr 'oily orponunsont coislraoloro MIf conetruotors 0,0. No.3 2 E FOLLOWINO CHANQ96 IN TH12 PLANS D OR S Q C Q E HERE14Y MAUM Conifaal rovlslons for addidonol%wk rolatad to connoollon of tho now aloha mixor to an axlsling coupling; ($location of lho ohlodno Injeollon port of Iho Cltys raquosl. Contmot oxlonston of do days due to supply chain alsallongoa and delays In shlpmoht of oqulpmonl. Ilom No. Ilarn Coda DESOMPTION unit Original la Chongo ID Ua Il Unit Prtaa Talnl ADD h02 stuos %ft Iho oxisl ng couplln0 resulted in oddl0onal ofrori nsedodtoconneolIho stoliamixorloIlto0XISIn D. EACH 0 1.00 $ 3,209,40 $ 8,209A0 A•02 Ro oonl on of I ro bloodno lr4oelloo pofl fOribOf away ram Ma sxta0n walor molar, Iofnoroosomotor aocuroe , EACH 0 1.00 $ 3,209.00 $ 3,209.90 O LAMOUNT Ole Ti 15c A O O DNB. 0,570.00 EO a ISlap a EL PE 65— OTf11601AHQE0ROC ORIGINAL CONTRACT AMOUNT. $ 046.000AO NET FROM PREWOU8 CHANGE ORDERS; S 2,960.00 TOTAL AMOUNT OF TH18 CHANGE ORDERI S 0.67040 PERCENT OF THIS CHANGE ORDER; 1.02%. TOTAL PERCENT" GHANG E ORDER TO DATE; 1,43%, NEW CONTRACT AMOUNT' 86d.234.00 CONTRAOT TIME ORIGINAL OONTRAOT TIME 270 onlondw dove ADDITIONAL OONTRAOT TIME PER PREVIOUS CHANCE ORDERS! o catondar days ADDITIONAL, CONTRAOT TIME PER THIS CHANGE ORDER; 00 calonder days REVISED CONTRAOTTIMEt 830 calonda[days_ CONDITION OP CHANr3 Er •Contiaolor eekno%todgoa and ogtooa that Iho ndluslmonts In witootprtca and wnlfoel Ums slIpulalad €nM13 Chongo Order roprosonts full componsallon for alllnuoaaas and deerasasa In lho cost or, and the Uma soqulrad 19 perform Iho antko wnrkunder Iho wnliaot odsing dlroolly or kidtraolly from this Change Crdorand all pfovlous Change Orders. Accoplanceormas%elvereonstllales tin agroamonlholmonOmar and conkaolorthatthe ChongoOrder ropmentsanal tnctuslve,moluniy Ora ad upon odpstmenitothe Conlrmt, and that Cookoclar VAII %alvo ell dglsta to Ito a datm on We Changa0fderaherlt Is ptopory oxeculad' AO N w r, 1 MI( o s o DAN REVIEWED "Y: oily VIOL aryl APPRCVOU DYI � L' tSY0I1AV98 D TE WrYMANAUR -z 15 z 2- D3AKOTOH oppuata wonRe R TEaluwLoaYamnWORs ia.,ATT B EO BYl T11lAPnot199Ana PATE OttY CLERK CITY OF BEAUMONT Datol Anauat 10, 2021 Pfo)oal: Cush Oroundwalorchomloailmpfoyamonle counlyl Jofforvon Dfslrlcf; Ooarrmanl ConitnolNumha(r Ulf) No.wt10121.00 Ownstt Oflyoftloawnont Conlrootoft MRConalnfatora 0,0, Nod l O DHW4 PEC)IFIDATIONS RE WillD C lira ndd(Sbn of a sample Galan iho alalla 101xot, ps Olo wlgtnal doslpn did no! fnGuda IIYo sample port, 11 wgl Taplaca lho 0XIOng eamplo port Ihnt 4rNl Lo ramoved durinp contirticllon, Nam No. Horn Oodo bEHCRIPTION Unil Orfa not 0hraan0a In Unit Prloo Total AOu• A•02 Add nlalln 6amp o pot fo t to dowAstrobun and of Ulu a at o nkor, EACH 0 ranaaiu 1 NTPYfa1d u.ia6 1,00 $ 2,050,00 $ 2,054.04 TOTAL AOU OF lagc OU OgDER $ 2,06u.00 0 ORHINOP Y&WILLRRACDEOTOTill$cf NaRORpER ORIGINAL CONTRACTAMOUNT: $ tl¢6,OOgOD NQTFROM PRENOU8 OHANGE ORDERS: ; TOTAL AMOUNT OPTIi18CHANOEORDER: S 2,058,00 PERCENT OF THis CHANGE ORDER! p TOTAL PERCENT OHANOE ORDER TO DATE: 0,41 OA NEW CONTRACTAMOUNTt 04 05000 CONTRACT TWE 011101NAL GONTRACT71ME; 270 oalondar days ADDITIONAL CONTRAOT TIME PER PREVIOUS CHANGE ORDEH$I o ADDITIONAL CONTRACT7IME PER THIS CHANGS ORDER: 0 REMSEDCONTRACTTIME: 270colandordays' ONDIIIQN OF O TAnitactof Acknowledges and agroaa that 0soadjualmanle Iacontroct pdco and contract uma ellpulalad in 1.146Chenoo order ropfotanls fultcompenos8on fof a2lncfee0as mid decreases In 041) costvf, and tiro 8ma roquired to padomr No ontko work under use conlfacl adring dlrecly otlndlfadily I(QM Uds Chango Orderend al pfavloul Clldng0 Ordofe, Accoplanoo of this w4t9ar coAaftles on notaomanl hoNvoon Owner end Contractor that the Change Cider reprarenle an all Incfaalva, m4lue4 agraed upon A*Wnent to the Contract, and Thal Caatraciar will %vaNn ell rlphls to No n claim an this Change order altar Et Is propaN oxscutod;' AO PTED 13Yt (�- wa u ors OA n A REVIEWED DYt CITY ENGINEER DATE APPROVED F3Y1 KYLDitAYEs PATE CITY MANAGER t -o M DIRECTOR OF PUALIOVIGHKa h TECHNOLOGY SERVIM ATT 0Dy' r�`��/ 71 A'DR Ua9AR DATE CITY CLERK O 0 0 ("I (I LO iL a W c n o O 4 y E [ ?? 2 a �t �b o o $ E E V EL f3 L E N O � 10 U1 0� _ pEL t� a) N "ln N •�1 � C � � F'i c p � 'L � ���L t 7 ry w C ;z n r. 7 m O J RESOLUTION NO. WHEREAS, on March 16, 2021 the City Council of the City of Beaumont passed Resolution No. 21-065 awarding a contract in the amount of $645,000.00 to BIDS Constructors, LLC dlblal MK Constructors, of Vidor, Texas, for the Loeb Groundwater Facility Chemical Improvements Project; and, WHEREAS, on August 19, 2021, the City Manager executed Change Order No. 1, in the amount of $2,656.00, to allow for the addition of a sample port on the static mixer as the original design did not include the sample port, thereby increasing the total contract amount to $647,656.00; and, WHEREAS, on February 15, 2022, 2021, the City Manager executed Change Order No. 2, in the amount of $6,578.00, to allow for additional work related to the connection of the new static mixer to an existing coupling and the relocation of the chlorine injection port, thereby increasing the total contract amount to $654,234.00; and, WHEREAS, Change Order No. 3, in the amount of $0.00, is necessary to provide an additional sixty (60) calendar days to the contract time for supply chain challenges and unforeseen shipping delays, thereby having no effect on the total contract amount of $654,234.00; and, WHEREAS, the project has been inspected by the Water Utilities Department 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 Interim City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of $0.00, for the work described above, thereby having no effect on the total contract amount of $654,234.00 for the Loeb Groundwater Facility Chemical Improvements Project; and, BE IT FURTHER RESOLVED THAT the Loeb Groundwater Facility Chemical Improvements Project be and the same is hereby accepted; and; BE IT ALSO RESOLVED THAT the Interim City Manager is authorized to make final payment in the amount of $65,423.40 to BDS Constructors, LLC dlbla MK Constructor, of Vidor, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. - Mayor Robin Mouton - .A[1I�[�7:ii TEXAS TO: City Council FROM: Chris Boone, Interim, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution rejecting all bids received for a contract to replace the chilled water and boiler piping for the Main Public Library and Police Department buildings. BACKGROUND The chilled water and boiler piping that runs between the Police Department building and the Main Public Library is in need of replacing due to unrepairable leaking. Bids were solicited from twenty- four (24) vendors and two submissions were received. Primoris of Beaumont submitted a price of $223,846.62 and sixteen (16) calendar days to complete the work, but did not sign their proposal or acknowledge the addendum as required. Preferred Facilities Group of Beaumont submitted a price of $665,000 to complete the work and ninety (90) calendar days to complete. The estimated budget for the project is $450,000. Staff recommends Council reject the bids and the project will be put back out for bid. FUNDING SOURCE Capital Reserve Fund RECOMMENDATION Approval of the resolution, RESOLUTION NO. WHEREAS, on June 2, 2022, two (2) bids were received for a contract to replace the chilled water and boiler piping for the Main Public Library and Police Department buildings; and, WHEREAS, the Finance Department evaluated the two (2) bids submitted and found that one (1) bid was incomplete and one (1) bid was over the anticipated estimate; and, WHEREAS, it is the recommendation of City of Beaumont Finance Department Administration to reject the submitted bids and rebid the contract 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 bids for a contract to replace the chilled water and boiler piping for the Main Public Library and Police Department buildings and that said bids 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 two (2) bids received for a contract to replace the chilled water and boiler piping for the Main Public Library and Police Department buildings. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. - Mayor Robin Mouton - H June 14, 2022 Consider approving multiple purchasing cooperative contracts for the purchase of medical supplies used in the EMS Division s TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution approving multiple purchasing cooperative contracts for the purchase of medical supplies used in the EMS Division BACKGROUND Due to an increasingly limited supply and rising costs of medical supplies used by City EMS, Fire and Police Departments, pricing was requested from six of the larger vendors who are pall of purchasing cooperative programs that meet State of Texas procurement requirements. This will provide a more stable supply line and pricing by utilizing a larger group with more buying power. Four vendors replied with pricing for 181 line items separated into nine specific categories. Each vendor was allowed to present their most competitive cooperative pricing for review, The current contract was awarded in 2019 for an estimated total annual amount of $140,136.17. Since that award, the City has added three additional ambulances so quantities of supplies have been adjusted to maintain the supply needed for the additional units. Staff recommends that Boundtree Medical of Dublin, Ohio who submitted a proposal with the lowest estimated annual cost of $262,166.78 be awarded as Primary vendor utilizing the Buyboard contract and Life Assist, of Rancho Cordova, California who submitted a proposal with an annual cost of $296,956.08 be awarded as Secondary vendor utilizing the National Purchasing Partners (NPP) Contract, both cooperatives of which the City participates. Bid tabulation is attached for review. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. v v D m C :' c M � CD m cm a m 0 z CL 3 co o CD m a 0 a W � EA ° r r v. c a ° o 4 ° cr CL . (a wY CD CO -' _ ; c. c a � oyo CDui w � . z' r na ° (DAm p Z C> CL N N N:. 111 O C) X w N N W w {�} O oic 0 Q j a C w j t*<i: w -4 W p N 2) "1 0 c w. W a Ut 00 a) ro n, p N TI N C) o � ro n c m p fD "Ic (E1 f'n a 0 0 O r" > m (, -n n ro > 0 o cQ W' c c o 3 Y' m w -D 0 W N� c — 0o cpm E3 � ^' o y -� p � v to @ DOo Q: N z a 3 C z� U' vc o n c -� - O Z cn RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract for the purchase of medical supplies for use by the Beaumont EMS Division to Boundtree Medical, of Dublin, Ohio, as primary vendor, in the amount of $262,166.78 through the Buyboard Cooperative Purchasing Program, and, BE IT FURTHER RESOLVED THAT the City Council hereby approves the award of a contract for the purchase of medical supplies for use by the Beaumont EMS Division to Life Assist, of Rancho Cordova, California, as secondary vendor, in the amount of $296,956.08 through the National Purchasing Partners (NPP) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. - Mayor Robin Mouton June 14, 2022 Consider authorizing the Interim City Manager to award a contract to To-Mex Construction, LLC, of Houston, for the Street Rehab Sewer Line Pipe Bursting Project h i WM_1W1 TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to award a contract to To-Mex Construction, LLC, of Houston, for the Street Rehab Sewer Line Pipe Bursting Project. BACKGROUND The Street Rehab Sewer Line Pipe Bursting Project will be used to rehabilitate sewer Iines through pipe bursting and replace defective manholes throughout the City, On May 19, 2022, seven (7) bids were received for fiirnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $695,092.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Texas Pride Utilities, LLC Houston, TX $567,596.00 To-Mex Construction, LLC Houston, TX $589,861.80 King Solution Services, LLC Houston, TX $615,990.00 CZ Construction, LLC Houston, TX $640,908.00 T Construction, LLC Houston, TX $720,509.00 PM Construction & Rehab, LLC Pasadena, TX $807,056.50 Horseshoe Construction, Inc. La Porte, TX $1,050,940.00 Section 0100 Instructions to Bidders in the advertised contract document states: 1. COMPETENCY OF BIDDERS — 1.1 In selecting the lo►vest, responsive, responsible Bidder, consideration iirill be given to: L1.1 thefinancial standing and ability of the Bidder to satisfactorily complete the job being bid; 1.1.2 the conipetence, jiidginew, skill, ability) and capacity of the Bidder to perform the ii,ork in actor -dance )f4th the terms and conditions of the .specification; 1.1.3, the past experience of the municipality ii,ith the Bidder and the experience of the Bidder tinith other gowrrnnental entities, The Water Utilities staff reconnnrends rejection of the lowest bid based on past experience with the lowest bidder, and proposes this project be awarded to the second lowest bidder, To-Mex Construction, LLC, in the amount of $589,861.80, A total of 120 calendar days are allocated for completion of the project. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. o 0 0 0 o a J � tR a o ry m N ro h c7 p n O N N N N N N N N N N N N N N N N U � "pi 0 0 o a t v �ri v F.. z N N N N N N N N N N N N N N N O P 4 P P P Q P P P P Q O C+ n n tl O O tl O O O O O O O tl O tl Vl P O P P Q b O �q Y Ua U Im V Qxi 0. O 6 O OJ M N E— z 7 N 49 N N N N N N N N N N N N N i6 O P 9 (] O P N P P C] tl P o O vNi 4 P O � aOa m 9 N ti � v0"! n V o - o � 1p 16 o b t C4i C � LU .� N ui U H O tl tl N O N O on'1 tl tli O O ip n v eo z � N N tfi of vi F9 N Vi �y N N N N N ryN RJ D ro F- rrN� W F a � N O N R Q m 0 Q Xm W C p O QI $ U y N W m A 2 a CL tl F a N U r- � e u a in E e rn ra vi cm' . is o. c LL Z 3 m N U n a ti o cop w q s a ig L t] u1l N � o D b u c a K � 7 aa aa o tl n a �2 V v2 I- z d a N o n �n 1 <n 0 �n o 0 0 �n o v 1 �n N o o ao c n � ~ � Z• N Ci � t` � r u � O N tR. C p t O C O r � z h N M vl VY 19 10 69 f9 M H N N N N 4 O O ai O O O - O O Vni O no O N O O O - pOp y O - O W w O M 06 m 0 � ~ Vi fA N W K! 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WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Street Rehab Sewer Line Pipe Bursting Project; and, WHEREAS, To-Mex Construction, LLC, of Houston, Texas, submitted a bid in the amount of $589,861.80; and, WHEREAS, the City Council is of the opinion that the bid submitted by To-Mex Construction, LLC, of Houston, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to To-Mex Construction, LLC, of Houston, Texas, in the amount of $589,861.80 for the Street Rehab Sewer Line Pipe Bursting Project; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with To-Mex Construction, LLC, 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 14th day of June, 2022, Mayor Robin Mouton - 3 June 14, 2022 Consider authorizing the Interim City Manager to award a contract to Allco, LLC, for the Pine Street SWTP Polymer System and Chemical Storage Tank Iinproven-ients (REBID) Project TEXAS TO: City Council FROM: Cris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to award a contract to Allco, LLC, of Beaumont, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project. BACKGROUND The Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project will improve the polymer dosage system in addition to replacing and adding chemical storage tanks. On May 5, 2022, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $1,380,500.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Paschal Enterprises, LLC Sour Lake, TX $1,275,940.40 Alleo, LLC Beaumont, TX $1,664,700.00 Preferred Facilities Group Beaumont, TX $2,153,000.00 The City's standard specifications require a contractor to submit a responsive bid in which all of the requirements of the invitation to bid are fiilfilled without exception or deviation. The apparent low bidder did not submit a complete bid per the contract's instructions. Therefore, the apparent low bid has been rejected due to noncompliance. Based on a review of the bid and required documents received, the Water Utilities Department agrees with Freese & Nichols, Inc., and recommends awarding the project to the second lowest responsive bidder, Allco, LLC, in the amount of $1,664,700,00, A total of 270 calendar days are allocated for completion of the project. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. As n N rl g ;3 ffi a S S SR a 2 $ o $ a ss m m g n a s " N a N � O N 110 3 Cfl a 4as g S� 0 � 4 s g P � 8 S .9 cr- ram: € 00 viz i": :� z'a% z0Fy 00 E ��� Q(nZ I� Wyg' •` ~ .� ES �. � z - �6 _- ��� � "s3 � � -5 aLU tr'r••r: :•rr W z i�1]] �� **. .- W W 1 � 'fr S8 s��� F m &$ Pi LL - 9 c $ ° E . a y � E : ffi � r S 9 tl E 3 N -$ $ �.c M C dG-3@G :ram ag ., ..x 19 G :.1! t.4 - 'S �$ y� ash 5 c. S .zv�8 �aEEy �5 C n E.6 s R�g^�� i SfS en g� 5 ji 3E a i v v � o m is 6 R 3 4 K Q 4 S 6 4 _ AliY L W m m • IL111 ►7112ft•[�a WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project; and, WHEREAS, Allco, LLC, of Beaumont, Texas, submitted a qualified bid in the amount of $1,664,700.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Allco, LLC, of Beaumont, Texas, is the lowest qualified bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Allco, LLC, of Beaumont, Texas, in the amount of $1,664,700.00 for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with Allco, LLC, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. - Mayor Robin Mouton - 0 .dune 14, 2022 Consider authorizing the Interim City Manager to award a contract to King Solution Services, LLC, of Houston, fog• the City Wide Pipe Bursting Contract -Phase I TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Chris Boone, Interim City Manager Bart Bartkowiak, Director of Public Works & Technology Services June 14, 2022 Council consider a resolution authorizing the Interim City Manager• to award a contract to King Solution Services, LLC, of Houston. The City Wide Pipe Bursting Contract -- Phase I will be used to rehabilitate sewer lures through pipe bursting and replace defective manholes. On May 19, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $4,175,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount King Solution Services, LLC Houston, TX $3,670,700.00 Texas Pride Utilities, LLC Houston, TX $3,906,180.00 T Construction, LLC Houston, TX $4,087,330.00 PM Construction & Rehab, LLC Pasadena, TX $5,549,710.00 Engineer's Estimate $4,175,000.00 The Water• Utilities staff recommends this project be awarded to the lowest bidder, King Solution Services, LLC, in the amount of $3,670,700,00. A total of 365 calendar days are allocated for completion of the project. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. a a 0 o � C O U' N N N ✓i N N N M N N N N N N N N 19 N N (A N 1/! 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WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the City Wide Pipe Bursting Contract -Phase I Project; and, WHEREAS, King Solution Services, LLC, of Houston, Texas, submitted a bid in the amount of $3,670,700.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by King Solution Services, LLC, of Houston, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to King Solution Services, LLC, of Houston, Texas, in the amount of $3,670,700.00 for the City Wide Pipe Bursting Contract -Phase I Project; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with King Solution Services, LLC, 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 14th day of .dune, 2022. Mayor Robin Mouton - 5 June 14, 2022 Consider approving a resolution granting consent for the creation of a municipal management district within the boundaries of the City of Beaumont TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider a resolution granting consent for the creation of a municipal management district within the boundaries of the City of Beaumont. BACKGROUND On February 28, 2017, City Council approved Resolution 17-043, supporting legislation for the creation of Beaumont Municipal Management District Number One, Following this, the 85th Texas Legislature established the 364.6 acne district bordered on the north by Delaware Street, on the east by Dowlen Road and on the south by Gladys Avenge. The creation of the Management District, if enacted, will allow for provision of streets, drainage, water, sewer and other amenities to develop this large tract of land within the city. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, GRANTING CONSENT TO THE CREATION OF A MUNICIPAL MANAGEMENT DISTRICT AND THE INCLUSION OF LAND THEREIN. WHEREAS, a municipal management district (the "District") is proposed to be created by the Texas Legislature over the land shown in Exhibit "A," attached hereto, within the City of Beaumont, Texas (the "City"), for the benefit of the public, including the construction and maintenance of streets, drainage, water, sewer and other amenities; and, WHEREAS, the City of Beaumont, Texas (the "City"), wishes to consent to the creation of a municipal management district with powers and authorities of a municipal management district operating pursuant to Chapter 375, Texas Local Government Code over the land described in Exhibit "A" (the "Land") attached hereto; and, WHEREAS, by special legislative act codified as Chapter 3960, Special Districts Local Laws Code, the Texas Legislature has created the Beaumont Municipal Management District No. 1 over the Land as a municipal management district operating pursuant to such act and Chapter 375, Texas Local Government Code; and, WHEREAS, the Land is currently located within the corporate boundaries of the City; and, WHEREAS, Section 42.042 of the Texas Local Government Code provides that land within a city's extraterritorial jurisdiction or corporate boundaries may not be included within a municipal utility district without the city's consent; and, WHEREAS, the City desires to grant consent to the creation of the municipal management district and the inclusion of the Land in the district; 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, Section 1. The facts and opinions in the preamble of this Resolution are true and correct. Section 2. The City Council of the City of Beaumont, Texas, supports and gives its written consent to the creation of a municipal management district with powers and authorities of a municipal management district operating pursuant to Chapter 375, Texas Local Government Code over the land described in the Exhibit "A". Section 3. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 4. All resolutions and agreements and parts of resolutions and agreements in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. This resolution shall be in full force and effect from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. 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J � f '! tJ{rr r ilr f!i If I i f{f Ji itJf'sf ,I klJ .!'rf I Ifl: 1! fl i'kErf Jr ri (••i ![I ,fJC+• Jr# I +r {i•t � r• E! ri I fJifrl 1rrrlf I!'Jil l'iJl rl[r(I :lrll,a+ IJ�r ;It lilt 1 ( f I.E 'Jt• e�El f Jlfl,� �J.I'�rflfFEr'Ji� I rl�,� r € I i Ii , is y illi,•f ,JIB,{ ,I r � �} f 'r 1ii t E�i i (f .k Jg" i.; IrI, I tifrJ{ r jI 'il;' � Jlsl �;:' Elfi'i(El�tillo;r� a i�E ` f,1 I J'I r l , J r t� r t[, �, 1 r•4 1 � i �,f'� I�iI�J � I(sf { i,(fJ'IJJi[[tJli• III Et,ifJll r JJi I(fifi f�ilei r�JirilJi.e.[ifJi,( f#, �i4lll� r1i June 14, 2022 Consider approving an ordinance allowing the placement and occupancy of two manufactured or industrialized homes for up to twenty-four months within Beaumont Municipal Management District Number One TEXAS TO: City Council FROM: Cris Boone, Interim City Manager MEETING DATE: June 14, 2022 REQUESTED ACTION: Council consider approving an ordinance allowing the placement and occupancy of two manufactured or industrialized homes for up to twenty-four months within Beaumont Municipal Management District Number One. BACKGROUND On February 28, 2017 City Council approved Resolution 17-043, supporting legislation for the creation of Beaumont Municipal Management District Number One. Following this, the 85"' Texas Legislature established the 364.E acre district bordered on the north by Delaware Street, on the east by Dowlen Road and on the south by Gladys Avenue, The Management District, if enacted, will allow for provision of streets, drainage, water, sewer and other amenities to develop this large tract of land within the city. As the Texas Legislature has now enabled the District, next steps include a formal consent by the City to formally create the District. Upon consent, the District will hold an organization meeting to organize the District's Board and hold a bond and tax election. To conduct this election, there must be residents living within the District, As such, placement of these housing units will enable this to happen. As the Zoning Ordinance prohibits the placement and use of manufactures housing units outside of housing parks, this temporary amendment would allow these units to be placed and the election to be held. It should be noted that there will be no tax increase related to the District beyond the boundaries of the District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Ordinance. t;3�1�I7��1 �ly �ja�C AW I r � '� e lit-s; a de�1 n r a N � �" � id"+t � � .� ? 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A� 'a`:i: _s1�:-'•r>r., �A .dvy�''"^�,:,�a!'^l_"hT[ ,': ,G - r'{ur' L3--a� ..1n ti +t t Ing, , IrlA 4TH f " RESOLUTION NO, 17-043 WHEREAS, a municipal management district (the "District") is proposed to be created by the Texas Legislature over the land shown in Exhibit 'A," attached hereto, within the City of Beaumont, Texas (the "City"), for the benefit of the public, including the construction and maintenance of water, sewer, and drainage facilities, roads and park and recreational facilities; and, and, WHEREAS, the City desires to support legislation for the creation of the District; WHEREAS, the Texas Local Government Code provides that land within a city's boundaries may not be included within a municipal management district without the city's written consent; 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 supports the passage of special legislation in the 8511 Texas Legislature for the creation of the District; and, THAT this resolution shall be in full force and effect from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. (--,M yor Becky Ames - I 4 y -J 11c1pa K K,x Sv a� Kn¢•��uma wmeii vii-_ W M i� 9.iY F]D nw�'uR',on 94 fN mr .• eat r.-+ LELVrABC 11TiN514I B:cR'{-qi•-MAY 4.444 ACM L1 N er52'Ol'E - m14V Q 0.. IS'197 �' R• SIPo.d!' L- SS]k.11 C. Ia190]' {PFd. N kSOI'11Z L1 B W117,7 - ]Ole k' CI Dr 51121'n, X. MOP' L. 1659 e1 C. Fe]d Gi [.Y3G.. a IYI]'E51 15 8 ere9'OTr - 42Ca' Ib N 0M4,421 - yo],75' rr NF. Lu0l4 S+Usf A, � 5291 - �4�r IU}rip &h 1- 1rON5rucNTAz1oN lF.SJE)1�171 • FOUND 1OON Non O FOUND IRON PFPR ® FOUND LIsO O FOUND CONO. HoNlU5[r:NT BRAIh'AGE BASIN Ac.- Id.fiTO ACRi9 el N e2'"rWe - e]a W 02 N FYI437'e - 1320' 55 8 9l]a'F]1 - 9n.D' Bl 8 1/'1Y191 - 4M??' G] NIY43401 ee 8 Ivlrod - M6.11 B% x cawGdt - olm! 80 / ollvtlt - Isa" 09 F WbO'061 - IOM BIG 9 OS'2 wK - 10040' B;I ] le'Ia'SlY - -475' 012 d 3r57751 - I]LFG' �Ev15i0N 1JOT£: RMS£D ON 7UL,31 PAY 2005 TO CENTER DITCH 121 TRACT DN CENTER Of' EXISTING DRAINAGE DITCH ITILCORP ENERGY I, L.P, 304.502 ACRES LESS; 3,00 (RESERVED TRACT) 4.4,14 (DELAWARE R.O.W.) 16.0D3 (DITCH 121 TRACT) 18.646 (HIT.CORP EAST BASIN TRACT) TOTAL; 323.504 ACRES HILCORP ENERGY I, L.P. BOUNDARY SURVEY BEAUMONT FIELD TRACTS OUT OIL THE HEZRIC AH WILLIAMS LEAGUE, ABSTRACT 56 .IEFFERSON COUNTY, BEAUMONT, TEXAS i 2vruaox m# n 9 IIW Buweler ro. 1 AIG IY[ ao t OARN. ALLEN BooNE HUNIPHRIEs R.oBINSON LLP ATTORNEYS AT LAW PHOENIX TOWER 3200 SOUTHWEST FREEWAY SUITE 2600 HOUSTON, TEXAS 77027 TEL (713) 860-6400 FAX (713) 860-6401 abhr.com Municipal Management Districts: Financing Public Infrastructure I. OVERVIEW A municipal management district ("MMD") is a political subdivision of the State of Texas which may be created legislatively by act of the Texas Legislature. MMDs generally serve to accomplish one or both of two objectives: 1) To design, construct, and finance public improvements authorized by law, including facilities for: a. Water, sewer and drainage; b, Roads and streets, including lighting and pedestrian improvements; c. Parks and recreation; d. Fire fighting. 2) To provide supplemental services and improvements for commercial activity centers, including: a. Landscaping and beautification; b. Public safety and security; c. Mobility; and d. Economic development. II. MODEL OF DEVELOPER PRE -FINANCING MMDs are reimbursement vehicles. They do not generate up -front capital to pay for development. Generally, a MMD relies on funds advanced by developers to pay for construction of initial public facilities and improvements. An MMD may then reimburse a developer for funds advanced to the MMD to pay the costs of: i) creation of the MMD, ii) operation and administration of the MMD, and iii) design and construction of MMD facilities and improvements. The MMD and the developer enter into a development financing agreement in which (i) the developer agrees to advance funds to the MMD to pay for the construction of facilities and improvements as engineering and construction invoices come due and 1003143 (ii) the MMD agrees to reimburse the developer for funds advanced if and when the MMD has the economic ability to do so. The funds used to reimburse the developer for the construction of the MMD's facilities are obtained through the public sale of tax- exempt municipal bonds secured by the taxing authority of the MMD. The MMD provides for the payment of the principal and interest on the bonds through its power to levy and collect ad valorem taxes, unlimited as to rate, on all taxable property in the MMD. The taxes are then paid by property owners in the MMD to the MMD as a separate taxing jurisdiction. This is similar to the way taxes are paid by property owners within the City to the City. The market for Texas special district bonds is very mature. MMD bonds are issued into the same bond market as the bonds of other special districts, particularly municipal utility districts, or "MUDS." The combination of several features has developed investor confidence in, and a ready market for, bonds issued by Texas special districts. The most important include (i) the regulatory requirements imposed on special district bond issues, (ii) a district's ability to impose an unlimited ad valorem tax rate to support its bonds, (iii) the debt service payment history of Texas special districts, and (iv) investor experience with bonds, particularly MUD/MMD bonds, over the last thirty years. All special district bonds must also be approved by the Attorney General of Texas, III. SECURITY OF BONDS Although the TCEQ limits the amount of certain bonds it may issue, an MMD is authorized to levy an unlimited annual ad valorem tax against all property in the MMD to pay the interest and principal on the bonds. An MMD's tax lien has first priority over mortgages and assessments, and has the same priority as county, city, and school district taxes. However, the taxing authority of the MMD is a credit that is wholly separate and apart from any other overlapping taxing jurisdiction like a city or county. The lien's priority is of great significance when considered in conjunction with the fact that only in extreme situations will a borrower or mortgage lender who has foreclosed forfeit property in order to satisfy taxes due on the property. IV. REGULATORY REVIEW FOR WATER, SEWER, AND DRAINAGE BONDS MMD bonds issued to finance water, wastewater, drainage and recreational improvements must satisfy strict engineering and financial feasibility rules adopted and administered by the TCEQ1. More than just a Iegalized disclosure of the risks, these standards are designed to protect the consumer against excessive tax rates and maintain the integrity of MMD bonds, resulting in better interest rates for future MMD projects. 'Only bonds issued to finance water, wastewater, drainage and recreational improvements are required to be submitted to the TCEQ for review and approval; however, many of the TCEQ's financial feasibility tests are cumulative of all 1003143 A. Economic Feasibili . Rules In addition to determining the engineering feasibility of a bond issue to finance water, wastewater and drainage improvements, the TCEQ must determine the economic feasibility of the bond issue using the following "feasibility rules." The MMD must be able to demonstrate that its bonds are economically feasible, based upon its tax rate and property values. According to TCEQ rules, economic feasibility is the determination of whether the land values, existing improvements, and projected improvements in the MMD will be sufficient to support a reasonable tax rate for debt service payments for existing and proposed bond indebtedness. (30 Texas Administrative Code, Sec. 293.59). A summary of the key (but not all) "feasibility rules" for MMD bonds issued to finance water, wastewater and drainage improvements. 1. Tax Rate. The MMD must demonstrate that the proposed debt service of a bond issue can be paid by certain "growth" and "no -growth" tax rates. Where a MMD is located within a city, the MMD must include the effect of the city tax rates attributable to water, sewer and drainage in its demonstration (commonly referred to as the "combined" tax rate). A "growth" tax rate assumes a reasonable increase in value resulting from new development being built on already developed sites. A "no -growth" tax rate assumes no new development in the MMD. Pursuant to the TCEQ rules, in the Jefferson County and the Beaumont area, the maximum combined growth tax rate is $2.00 and the maximum combined no -growth tax rate is $1.00. 2. Completed Construction. At least 25% of the projected value of structures shown in the projected "growth" tax rate calculations must be completed prior to the sale of the bonds. Additionally: a. all permits for groundwater, surface water, waste discharge, or capacity needed to support the projected build -out must have been obtained; b. all underground water, wastewater and drainage facilities to be financed by the bonds or necessary to serve the projected build -out to support feasibility must be at least 95% complete; sufficient lift station, water plant and sewage treatment plant capacity to serve the connections projected for a period of not less than 18 months shall be either 95% complete or available in existing plants; bonds issued. Therefore, when issuing bonds for other types of improvements it is important to be mindful of how such bonds will affect the financial feasibility of water, wastewater and drainage bonds to be issued in the future. 1003143 d. water supply, lift station and wastewater treatment capacity needed to support the projected build -out used to support feasibility must be existing or funded by the bond issue; and e. all street and road construction to provide access to the areas provided with utilities financed by the bonds or necessary to serve the projected build -out to support feasibility must be 95% complete. 4. Waiver of Special Appraisal. The developer must execute a written agreement permanently waiving the right to claim agricultural, open space, timberland, or inventory valuation for any land or buildings it owns in the MMD. B. Reim ursable,.,..,E...xpenses The TCEQ Rules for the reimbursement to developers of funds advance for water, sewer, drainage, and park facilities are very specific. These rules are summarized below. 1. "District Items" (10011% Reimbursement). The MMD may reimburse the developer for 100% of the costs set forth below. • wastewater treatment plant facilities, including site costs; • water supply, treatment and storage facilities including site costs; • storm water pump stations associated with levee systems, including site costs; • regional water and wastewater lines; • regional pump stations and force mains; • regional drainage channels, levees and other flood control facilities and storm water detention facilities; • land costs for levees or storm water detention facilities; • alternate water supply interconnects between the MUD and other districts; and • lease payments for central plant capacity no included in operating expense. 2. "Developer Contribution Items" (700/a Reimbursement). A developer contribution project is a project that provides water, wastewater, or drainage service for property owned by a developer of property in the MMD. Examples of developer contribution items include (i) internal water distribution lines, (ii) internal wastewater collection lines, (iii) internal storm sewer lines, (iv) sub -regional pump stations and force mains, and (v) sub - regional drainage channels, flood control facilities and detention facilities. These projects are subject to 30% developer contribution (i.e., the developer can only be reimbursed for 70% of actual costs). The 30% developer contribution may be waived (i.e., permits 100% developer reimbursement) if the MMD meets any of the following conditions: • The MMD has a ratio of certified assessed taxable value to debt of 10:1; 1003143 • The MMD has received an credit rating of Baa3 or higher from Moody's, or BBB - or higher from. Standard and Poors or BBB- or higher from Fitch, which rating obtained independent of any municipal bond guaranty insurance or other credit enhancement technique; • The MMD has received a credit rating of Aa or higher from Mood's or AA or higher from Standard and Poors or AA or higher from Fitch, which rating is obtained by virtue of municipal bond guarantee insurance; or • Under certain very specific facts and circumstances, the MMD has entered into an agreement with a political subdivisidn under which it receives revenues as consideration for its development of MMD water, sewer and drainage facilities, In recent years, most districts such as MMDs have qualified for a waiver of the 30% developer contribution and reimbursed the developer 100% of eligible costs. 3. Developer Interest. The developer may receive accrued interest for a period of up to two years after the final payment by the developer for district projects. Interest is not limited to two years for certain facilities, including wastewater treatment facilities, water supply and treatment facilities, regional water and sewer lines, regional flood control and storm water detention facilities, and land costs. The interest rate used to calculate developer interest is the lesser of a) the net effective interest rate on the bonds or b) the actual rate paid on the developer's loans. IV. ROAD BONDS An MMD can finance roadways and improvements in aid thereof such as sidewalks and appurtenant storm sewer. Road bonds do not require a bond application and review process through the TCEQ. However, bonds issued for roadway improvements are subject to review by the Texas Attorney General and an MMD must show that the combined no - growth tax rate does not exceed $2.50 (per $100 taxable value). This means that most recent combined tax rate of all overlapping districts levying taxes for water, wastewater, or roads, plus any maintenance tax levied by the district, plus the maximum tax rate required for the district to pay the debt service on all proposed and outstanding bonds, must not exceed $2.50. Additionally, the Texas Constitution limits the amount of combined road bonds that all towns, county, or municipal districts may issue in an amount not to exceed one-fourth (25%) of the assessed valuation of the real property of such district or territory. Therefore, the amount of road bonds issued by an MMD affects the amount of debt the County can issue and vice versa. 1003143 V. CONFIRMATION AND BOND ELECTIONS The Texas Constitution requires that before any political subdivision —including an MMD-- may issue bonds or levy a tax, it must call and successfully pass an election. Elections held by an MMD are held pursuant to the same Election Code provisions as those held by the City or the County. Elections must baheld on one of two election dates: either the first Saturday in May or the first Tuesday in November. Early voting periods also apply, as well as posting and notice requirements, ati- r To be eligible to vote a person must be a qualifies# voter, (see below) on the day s/he offers to vote and be a resident of the District. A voter is qualified if s/he is; • a United States citizen; 4; • at least18 years old oxz Electiori�bay; f :�, r'a•y t' '. • not a convicted felon-iiihy be eligible to vote if has completed sentence, probation, and parole); and - • has not been declared by a court exercising probate jurisdiction to be either totally mentally incapacitated or partiall� Me"ntajly incapacitated without the right to vote An applicant's voter registration becomes effective on the 30th day after the date the application is submitted to the i'c',gisti►ar'kiS 64he date the applicant becomes 1.8 years of age, whichever is later, A registration is effective°for purposes of early voting if it will be effective on Election Day. Therefore, a voter must submit its voter registration application at least 30 days in advance of an election date. ' A typical model for a District election prior to development is for a mobile home to be established in the District, with water, sewer and electricity, to provide full residential capability to a minimum of two people. These two persons must establish residency prior to the deadline for submitting a voter registration application. These two persons may also serve as the election judge and clerk, Election judges and clerks and early voting clerks must be district residents and qualified voters of the district. 1003143 ORDINANCE NO. ENTITLED AN ORDINANCE ALLOWING A PERIOD OF UP TO TWENTY-FOUR (24) MONTHS FOR THE PLACEMENT AND OCCUPANCY OF TWO (2) MANUFACTURED OR INDUSTRIALIZED HOMES WITHIN BEAUMONT MUNICIPAL MANAGEMENT DISTRICT NUMBER ONE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, on February 28, 2017 City Council approved Resolution No. 17-43 supporting legislation for the creation of Beaumont Municipal Management District Number One; and, WHEREAS, following this, the 85"1 Texas Legislature established a 364.6 acre district bordered on the north by Delaware Street, on the east by Dowlen Road and on the south by Gladys Avenue; and, WHEREAS, upon the City's consent to formally create the District, the District will hold an organization meeting to organize the District's Board and hold a bond and tax election; and, WHEREAS, to conduct the election, there must be residents living within the District and placement of housing units will enable this to happen; and, WHEREAS, as the City of Beaumont Zoning Ordinance prohibits the placement and use of manufactured housing units outside of housing parks, this temporary amendment would allow these units to be placed and the election to be held; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. THAT it is hereby permitted for a period of twenty-four (24) months, with City Council approval, from the effective date of this ordinance for the placement and occupancy of two (2) manufactured or industrialized homes within the Beaumont Municipal Management District Number One. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 14th day of June, 2022. - Mayor Robin Mouton -