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HomeMy WebLinkAbout10/25/2022 PACKETTEXAS MELTING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 25, 2022 1:30 PM AGENDA CALL TO ORDER Invocation Pledge Roll Call Proclamations, Presentations and Recognitions Public Conrunnent: Persons may speak on the Consent Agenda and Items 5-8 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 October 18, 2022 City Council Meeting Minutes B. Confirmation of board and commission member appointments Paula Blazek would be reappointed to the Civil Service Commission. The current term would expire October 30, 2025. (Kenneth R. Williams, City Manager) Carlos Hernandez would fill the unexpired term of Alma Hodge on the Police Department Community Advisory Committee. The term would connunence October 25, 2022 and expire September 30, 2023 (Councilmeniber Randy Feldschau) C. Approve an increase in base wages and additional compensation for the City Attorney, City Clerk and the Chief Magistrate D. Approve the renewal of an annual maintenance agreement from CentfalSquare of Lake Macy, Florida for use by Police, Fire, and EMS E. Approve the purchase of a crime scene laser mapping system from Collision & Crime Forensic Solutions for use by the Police Department F. Approve an annual maintenance agreement from SHI Govermnent Solutions, Inc. of Austin, Texas for Microsoft Office 365 for use by all city departments G. Authorize the City Manager to execute Change Order No. I to the contract with Texas Drainage, Inc., for the Citywide Ditching Program Phase I H. Authorize the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to BDS Constructors, LLC d/b/a MK Constructors, for the Primer Lift Station Repairs Contract Project 1. Authorize the City Manager to accept maintenance, and authorize final payment to D & M Tanks, LLC, for the Elevated and Ground Water Storage Tank Cleaning Project REGULAR AGENDA I . Consider an appeal front the Historic Landmark Commission of a denied Certificate of Appropriateness to construct a fence at 794 3`a Street 2. Consider a request for a Specific Use Permit to allow a temporary batching plant in an LI (Light Industrial) District at 4965 Fantnett Road 3. Consider a request for a Specific Use Permit to allow an eating place in a GC- MD-2 (General Commercial -Multiple Fainily Dwelling-2) District at 3825 W. Lucas Drive, Suite C 4. Consider a request for a Specific Use Permit to allow an assisted living facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District at 3440 Valmont Avenue Consider a request for a Specific Use Permit to allow permanent makeup tattooing in the CBD (Central Business District) at 308 Orleans Street 6. Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association 7. Consider a resolution approving the purchase of switchgear, switchboard, and transformer for the Loeb Ground Water Facility 8. Consider authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2023 COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various platters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The Claim of Hykeem Janise Paula Chardin v. City of Beaumont: Cause No. A-209,177 Caleb Fenter v. City of Beaumont and Chris S. Boone: Cause No. B-210,244 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. r1 TEXAS TO: City Council FROM: Kenneth R. Willian-is, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider approval of the October 18, 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 11 Audwin Samuel, Ward III OCTOBER 18, 2022 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R. Williams, 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 October 18, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-6 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Donny Flippo with Gospel Center Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Durio, Councilmembers Getz, Turner, Feldschau and Samuel. Absent: Councilmember Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-6 Amanda Yarbrough 701 Main St. Beaumont TX Spoke regarding Item C on the Consent Agenda; one-year contract with the Beaumont Children's Museum 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 October 11, 2022, City Council Meeting Minutes Minutes — October 18, 2022 B. Approve a resolution accepting the 2022 Certified Tax Roll (FY 2023) - Resolution 22-259 C. Authorize a one-year contract with the Beaumont Children's Museum -- Resolution 22-260 D. Approve a contract for the purchase of liquid chlorine for use in the Water Utilities Department Resolution 22-261 F. Approve a resolution amending and approving the Fleet Maintenance Plan for inventory of the BMT Zip - Resolution 22-263 G, Approve a resolution amending and approving the Public Transit Agency Safety Plan for employees of the BMT Zip - Resolution 22-264 H. Authorize the City Manager to executive all related documents for the purchase of a 5' x 50' wide sidewalk easement for the Washington Boulevard Phase 2 Project Resolution 22-265 Approve a resolution updating the authorized grant officials for the Southeast Texas Auto Theft Task Force grant - Resolution 22-266 J. Authorize the City Manager to sign and execute a multi -agency Interlocal Agreement with all participating subgrantees in the Southeast Texas Auto Theft Task Force - Resolution 22-267 K. Authorize the settlement of the lawsuit brought by Jeremy Brandon (Cause No. D- 206,636) - Resolution 22-268 L. Authorize the settlement of the claim of Steven Vaulner - Resolution 22-269 M. Authorize the settlement of the claim of Scott Stakes - Resolution 22-270 Councilmember Feldschau moved to approve the Consent Agenda excluding Item E. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED E. Approve a contract with Gulf Coast Electric Company, Inc, for electrical services - Resolution 22-262 Councilmember Samuel moved to approve Item E on the Consent Agenda. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, AND SAMUEL Minutes — October 18, 2022 NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED Fm is ii I ii77i1 1. Consider an ordinance to abandon a portion of the alleyway located in Block 6 of the Booker Heights Addition also known as 2745 Washington Boulevard. Thomas S. Rowe of Mark W. Whiteley & Associates, Inc. is requesting the abandonment of a portion of the alleyway in the block surrounded by Washington Blvd, Fannett Rd, Euclid and Goliad Streets. For many years, the commercial structure located at 2745 Washington Blvd has encroached into the alleyway by 4.46'. Approval of this request will allow the property to come into compliance and be ready to sell. There is an existing 6" concrete sanitary sewer line located in the alleyway. Due to these utilities, retaining the alleyway as an easement would be required with the understanding that the City of Beaumont will not be responsible for any damages to the structures or pavement if the sewer line should ever develop a cavity or damages caused by any repairs to the sewer fine by the city and/or contractor. The owner would be responsible for relocating the air conditioning units so the city may complete necessary work within the alleyway. At a Planning Commission meeting held on September 19, 2022, Planning Commission approved the request to abandon a portion of an alley with the retention of the alleyway as an easement with the following condition: If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. Approval of the ordinance with the retention of the alleyway as an easement with the fallowing condition; If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING AN 20 FOOT ALLEY AND EXCLUDING 6" SEWER LINE EASEMENT IN BLOCK 6 OF THE BOOKER HEIGHTS ADDITION, ALSO KNOWN AS 2745 WASHINGTON BOULEVARD, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE Minutes — October 18, 2022 MOTION PASSED Ordinance 22-063 2. Consider approving the purchase of six garbage trucks and one dump truck for use in the Solid Waste and Public Works Divisions. Six identical 2024 Western Star garbage trucks will be purchased in the total amount of $2,178,378. The new units will replace units 6304, 6305, 6306, 6308, 6309 and 6310 that have surpassed their useful life expectancy. The new trucks will be used for the collection of residential trash in the Solid Waste Department. The existing units will be disposed of in accordance with the City surplus property policies. One 2024 Western Star dump truck will be purchased in the total amount of $175,012,05. The new unit will replace unit 3314 that has surpassed the useful life expectancy. The truck will be used in the Streets and Drainage Department. The existing unit will be disposed of in accordance with the City surplus property policies. Total pricing in the amount of $2,353,390.05 was obtained from Lonestar Freightliner Group, LLC., of Waco, Texas, through the Buyboard contract. Buyboard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. Manufacturer's warranty is twelve (12) months. Funds will come from the Solid Waste Fund in the amount of $2,178,378 and from the Capital Reserve Fund in the amount of $175,012.05. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF MISCELLANEOUS EQUIPMENT FOR USE IN VARIOUS CITY DEPARTMENTS AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE PAYMENT IN THE AMOUNT TOTALING $2,353,390.05, TO LONESTAR FREIGHTLINER GROUP, LLC., OF WACO, TEXAS THROUGH THE BUYBOARD CONTRACT FOR EACH INDIVIDUAL EQUIPMENT PIECE, Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 22-271 3. Consider approving the purchase of 28 vehicles for use in various City departments. Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost Minutes — October 18, 2022 effective to operate. The vehicles to be purchased are replacing models ranging from 2009 to 2017. The vehicles being replaced will be disposed of in accordance with the City's surplus equipment policy. The vehicles will be purchased from Silsbee Ford in the amount of $1,634,883.62. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Funds will come from the Capital Reserve Fund in the amount of ($1,321,503.01) and from the Water Utilities Fund in the amount of ($313,380.61). Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF 28 VEHICLES FOR USE IN VARIOUS CITY DEPARTMENTS AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE PAYMENT IN THE AMOUNT TOTALING $1,634,883.62, TO SILSBEE FORD, OF SILSBEE, TEXAS THROUGH THE GOOD13UY PURCHASING COOPERATIVE. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 22-272 4. Consider approving multiple contracts for mowing privately owned, developed and vacant property. Privately owned properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the violation and given a specific time frame to bring the property into compliance. If property owners fail to comply with the ordinance, the City's vendor mows the property, and the property owner is fined. Bids were requested from seventeen (17) vendors; and four (4) responses were received. The bid specifications divide the City into three (3) sections and City staff determines what section will be awarded to a vendor according to pricing, qualifications, and ability. Contracts are recommended as follows: SECTION VENDOR EST. TOTAL AMOUNT Section I Yardboy Lawncare Service, Beaumont Tx. $183,216,58 Section 11 DMJ Landscaping, Port Arthur, Tx. $117,680.83 Section III SMO Unlimited, Port Arthur, Tx. $212,089.28 Minutes — October W 2022 SMO Unlimited was the low qualified bidder and chose to remain in Section Ill. DMJ Landscaping was the second -place bid, and opted to stay in Section II, leaving Section I to Yardboy Lawncare Service. Specifications allow experience and capability to be considered in addition to overall pricing and allow the low qualified bidder to choose the section they want. The contracts are for one (1) year with an extension of two (2) additional one (1) year terms. The total bid represents an approximate four percent (4%) increase Over the current contract with a total estimated annual cost of $512,986.69. Bid table 1 is for bidding purposes only. Bid table 2 shows the estimated number of cuts and costs per section, as awarded. Funds will come from the General Fund as well as Planning and Community Development. Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY YARDBOY LAWNCARE SERVICE, OF BEAUMONT, TEXAS, FOR AN ESTIMATED AMOUNT OF $1837216.58 FOR SECTION 1; DM.J LANDSCAPING, OF PORT ARTHUR, TEXAS, FOR AN ESTIMATED AMOUNT OF $117,680.83 FOR SECTION 2, SOUTH END; SMO UNLIMITED, OF PORT ARTHUR, TEXAS, FOR AN ESTIMATED AMOUNT OF $212,089.28 FOR SECTION 3, SOUTH END; FOR A ONE (1) YEAR CONTRACT, WITH AN EXTENSION OF TWO (2) ADDITIONAL ONE (1) YEAR TERMS FOR MOWING PRIVATELY -OWNED DEVELOPED AND VACANT PROPERTIES AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH EACH OF THE VENDORS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 22-273 5. Consider approving the purchase of one fire truck. A 2023 Pierce -Custom Enforcer Pumper truck will be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $808,958. Designated to be Engine 6, the new truck will be housed at Station 6, located at 1880 S. Major Dr., and will replace unit 7069, a 1993 KME Renegade pumper truck with 81,477 miles. It has exceeded the expected service life and will be disposed of according to the City surplus property policy. Pricing was obtained through Houston -Galveston Area Council (H-GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12) months. Delivery is expected within twenty months. Funds will come from the Capital Reserve Fund. Funds will need to be budgeted in FY2024. Minutes — October 18, 2022 Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) 2023 PIERCE -CUSTOM ENFORCER PUMPER TRUCK FOR USE BY THE FIRE DEPARTMENT FROM SIDDONS-MARTIN EMERGENCY GROUP, OF DENTON, TEXAS, IN THE AMOUNT OF $808,958.00 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM AND THAT THE CITY MANAGER BY AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS RELATING TO THE PURCHASE A 2023 PIERCE - CUSTOM ENFORCER PUMPER TRUCK. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 22-274 6. Consider approving the purchase of three new ambulance boxes. The ambulance boxes will be purchased from Frazer, Ltd., of Houston, in the amount of $706,684. The new boxes will be mounted on new chassis', replacing units 7170, 7171, and 7173, which have exceeded the expected service life. All units will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. Manufacturer's warranty is twelve (12) months. Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF THREE (3) AMBULANCE BOXES TO BE MOUNTED TO NEW CHASSIS FOR USE BY THE EMERGENCY MEDICAL SERVICES (EMS) DIVISION FROM FRAZER, LTD., OF HOUSTON, TEXAS, IN THE AMOUNT OF $706,684.00 THROUGH THE H0USTON-GALVESTON AREA COUNCIL (H- GAC) COOPERATIVE PURCHASING PROGRAM AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS RELATING TO THE PURCHASE OF THREE (3) AMBULANCE BOXES. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes — October 18, 2022 Resolution 22-275 COMMENTS M Public Comments (Persons are limited to three minutes) Carlton Sharp 5160 Plant Rd. Beaumont TX Asked for clarity on the city's process concerning the sale or lease of city property, not sure if the city follows the same procedure for every property, whether it's the AT&T building or any property that's available for lease, purchase or exchange, asked if the Council can be consistent with its policy on leasing, purchasing or exchange of the value of real property in. accordance with Section 551.072 of the Government Code (Land owned by the City of Beaumont), it would be appreciated, there are parties that are interested in public property in the City of Beaumont that Council isn't aware of at the moment, if the process is followed, whatever that process may be for the city, then those that may be willing to participate in the process can have that time to do so Charles Crabbe 928 East Dr. Beaumont TX Spoke to Council regarding the Battleship Texas, stated that after hearing about the Battleship, he's concerned about the cost and if Beaumont could support the ship as well as the view from 1-10 if it's adequate due to where the ship will be located, it would be a great thing if Beaumont and the State of Texas could have the ship, stated that he's watched the city access channel, has enjoyed the interviews with the Mayor, City Attorney and the City Clerk, has enjoyed the history of peoples lives as they evolved into their current positions, also enjoyed the Department Heads and the information they provide, enjoyed Cattail Marsh also Kenneth Earls 1265 Condon Beaumont TX Stated that there's three things that the Council needs to think about, history, Battleship Texas, and the here and now, talked about a University Research Center, stated if the level of education isn't increased in this city between high school, middle school and elementary this city will be in trouble, stated that the battleship is good but it's not the most important thing that the city should be focused on and can the city really afford the ship with what's coming in the near future, commented on three international airports that will be built in this state in the next five to ten years, also commented on ExxonMobil and what they are investing in, Beaumont needs to look to the future, get Lamar University to do their job on research and development, if not Council will see the end of this city Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - STATED THAT HE ATTENDED THE OLD TOWN NEIGHBORHOOD ASSOCIATION MEETING ON MONDAY NIGHT, IT WAS A VERY INFORMATIVE MEETING, GAVE OUT INFORMATION ON THE NEW WARD LINES, STATED THAT THE NEW WARD LINES DON'T HAVE TO BE VOTED UPON BY THE CITIZENS, IT'S APPROVED BY THE CITY COUNCIL, THE NEW MAP WILL TAKE EFFECT IN THE MAY Minutes -- October 18, 2022 2024 ELECTION, ALSO STATED THAT HE WAS INFORMED THAT THE BRIDGE ON FANNETT R.D., THAT TXDOT IS WORKING ON HAD A COMPLETION OF THE END OF NOVEMBER, THE COMPLETION HAS BEEN PUSHED BACK TO THE END OF JANUARY 2024, ALSO STATED THAT HE ATTENDED COUNCILMEMBER TURNER'S YOUTH TALENT SHOW ON SATURDAY, OCTOBER 15, 2022, AT THE JEFFERSON THEATRE, IT WAS A GREAT PROGRAM, ATTENDED A 1OOr" BIRTHDAY FOR MR. HORACE HALL, HAD THE PLEASURE OF READING A PROCLAMATION FOR HIM, ATTENDED THE NATIONAL DISABILITY EMPLOYMENT AWARENESS EVENT AT LIT, ASKED FOR CLARITY ON THE PURCHASE OF CITY OWNED PROPERTY AND WHAT THE PROCESS IS, THINKS THE PROCESS NEEDS TO BE PUBLISHED ON THE CITY'S WEB SITE AND SOCIAL MEDIA SITE SO CITIZENS CAN BE AWARE OF WHAT NEEDS TO BE DONE COUNCILMEMBER GETZ - COMMENTED ON BATTLESHIP TEXAS, WANTED THE TWO CITIZENS THAT SPOKE REGARDING THE BATTLESHIP TO KNOW THAT THE CITY HASN'T ALLOCATED ANY FUNDS TOWARD THE SHIP, COMMENTED ON ALL THE EVENTS THAT OCCURRED OVER THE WEEKEND, THE EVENT AT THE CHILDREN'S MUSEUM, CHiLDREN'S TALENT SHOW AND THE SYMPHONY OF SOUTHEAST TEXAS, THIS WEEKEND WILL BE THE MUSEUM MADNESS AND MOVIE NIGHT AT THE JEFFERSON THEATRE COUNCILMEMBER TURNER - CONGRATULATED THE BEAUMONT CHILDREN'S MUSEUM ON THEIR EVENT OVER THE WEEKEND, ANNOUNCED TO ANY CITIZEN OVERTHE AGE OF SIXTY-FIVE THERE'S DISCOUNTS FOR THEM FOR WATER AND SEWER RATES, REMINDED THEM TO CONTACT THE WATER DEPARTMENT TO RECEIVE THE FORM TO FILL OUT, WANTS THE SENIORS TO TAKE ADVANTAGE OF THE DISCOUNTS, COMMENTED ON THE GRADUATING CLASS OF LEADERSHIP BEAUMONT, THE CITY MANAGER WAS THE GUEST SPEAKER, HE DID A GREAT JOB, THANKED THE COMMUNITY FOR THEIR SUPPORT WITH THE YOUTH TALENT SHOW, THERE WAS ABOUT 998 PEOPLE IN ATTENDANCE, THE EVENT WAS COMPLETELY FREE TO THE COMMUNITY, FIRST PLACE RECEIVED A $1,000, SECOND PLACE RECEIVED $ 600.00, THIRD PLACE RECEIVED $250.00, EVERY KID THAT PARTICIPATED, BECAUSE THEY ARE ALL WINNERS RECEIVED TROPHY, THE YOUTH ARE OUR FUTURE AND WE NEED TO TAKE A LITTLE MORE TIME WITH THEM COUNCILMEMBER FELDSCHAU - ANNOUNCED THAT EARLY VOTING STARTS OCTOBER 24, 2022, THROUGH NOVEMBER 4, 2022, ELECTION DAY IS NOVEMBER 8, 2022, ASKED THAT EVERYBODY TAKE PART IN THE DEMOCRATIC PROCESS AND VOTE, CONGRATULATED COUNCILMEMBER TURNER ON THE YOUTH TALENT SHOW, IT WAS A GREAT SHOW AND IT WAS GOOD FOR THE CITIZENS OF BEAUMONT Minutes — October 18, 2022 COUNCILMEMBER SAMUEL - STATED THAT THERE ARE A LOT OF THINGS THAT ARE GOING ON THIS WEEKEND, LAMAR UNIVERSITY WILL BE HOSTING PRAIRIE VIEW A&M AT HOME, THERE'S A CEREMONY ON SATURDAY TO HONOR SOME OF THE PLAYERS THAT PLAYED AT LAMAR, GAVE CONDOLENCES TO THE FAMILY OF LUKE JACKSON, HE WAS A LONG TIME EMPLOYEE OF THE CITY OF BEAUMONT AS WELL AS THE NBA COUNCILMEMBER NEILD - ABSENT CITY MANAGER WILLIAMS - STATED THAT ON THE AGENDA TODAY COUNCIL APPROVED THE PURCHASE OF NEW VEHICLES, WANTED COUNCIL TO BE MINDFUL THAT DUE TO INFLATION, PRICES ARE INCREASING, THERE'S A SUBSTANTIAL CHANGE IN PRICING MOVING FORWARD, COUNCIL WILL SEE SOME ITEMS THAT WILL BE OVER BUDGET CITY ATTORNEY REED - EXTENDED CONGRATULATIONS TO COUNCILMEMBER TURNER ON A WELL ATTENDED EVENT CITY CLERK BROUSSARD- CONGRATULATED COUNCILMEMBER TURNER ON THE YOUTH TALENT SHOW Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. MAYOR MOUTON - CONGRATULATED COUNCILMEMBER TURNER ON A SUCCESSFUL YOUTH TALENT SHOW, WISHED MR. HORACE HALL A HAPPY 100T" BIRTHDAY, STATED THAT SHE ATTENDED THE 70TH ANNIVERSARY FOR THE SYMPHONY OF SOUTHEAST TEXAS, IT WAS A GREAT PROGRAM, ANNOUNCED THAT EARLY VOTING STARTS OCTOBER 24, 2022, THROUGH NOVEM13ER 4, 2022, ELECTION DAY IS NOVEMBER 8, 2022, ENCOURAGED EVERYONE TO GET OUT AND EXERCISE THEIR RIGHT TO VOTE, GAVE CONDOLENCES TO THE FAMILY OF MR. LUKE JACKSON, THANKED THE CHILDREN'S MUSEUM FOR ALL THEY DO, THE CHILDREN ARE OUR FUTURE, THANKED EVERYONE THAT ATTENDED THE MEETING, ASKED THAT THEY GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 2:23 p.m, EXECUTIVE SESSION Consider matters related to the deliberation purchase, lease exchange or value of real property in accordance with Section 651.072 of the Government Code, to wit specifically: Land Owned by the City of Beaumont at 125 Magnolia, Beaumont, Jefferson County, Texas Minutes — October 18, 2022 Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code, to wit specifically: Sharae Reed, City Attorney Tina Broussard, City Clerk Craig Lively, Chief Magistrate Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — October 18, 2022 0 October 25, 2022 Confirmation of board and commission member appointments RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointment be made: Reappointment Paula Blazek Commission Civil Service Commission Beginning of Term 10/30/2022 Expiration of Term 10/30/2025 BE IT FURTHER RESOLVED THAT Carlos Hernandez is appointed to the Police Department Community Advisory Committee to fill the unexpired term of Alma Hodge. The term will commence October 25, 2022 and expire September 30, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2022. - Mayor Robin Mouton C TO: City Council FROM: Kenneth R. Williams, City Manager MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider approving an increase in base wages and additional compensation for the City Attorney, City Clerk and the Chief Magistrate. The City Attorney would receive a 3% increase in base wages. She would also receive an administrative allowance of $125 a month. The City of Beaumont world provide compensation in the anhount of $20,500 to the City Attorney for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. The City Clerk would receive $5,000 base salary adjustment and 3% increase in base wages, She would also receive an administrative allowance of $125 a month. The City of Beaumont would provide compensation in the amount of $20,500 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. The Chief Magistrate would receive a 3% increase in base wages. He would also receive an administrative allowance of $125 a month. The City of Beaunont would provide compensation in the amount of $20,500 to the Chief Magistrate for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same, The above changes would be effective October 1, 2022. FUNDING SOURCE Funds are available in the General Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney would receive a 3% increase in base wages, and an increase to her administrative allowance to $125.00 a month, The City of Beaumont would provide compensation in the amount of $20,500.00 to the City Attorney for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT FURTHER RESOLVED THAT the City Clerk would receive a $5,000.00 base salary adjustment and 3% increase in base wages, and an administrative allowance of $125.00 a month. The City of Beaumont would provide compensation in the amount of $20,500.00 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the Chief Magistrate would receive a 3% increase in base wages, and an administrative allowance of $125.00 a month. The City of Beaumont would provide compensation in the amount of $20,500.00 to the Chief Magistrate for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, NOTWITHSTANDING the foregoing compensation, all other compensation, allowances, benefits, terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective October 1, 2022. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2022. - Mayor Robin Mouton - L�J s T E X A 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a resolution approving the renewal of all annual maintenance agreement from CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS. BACKGROUND CentralSquare software is used by Police, Fire, and EMS for dispatching of emergency personnel, records management for Police, miscellaneous reporting, case management, and numerous other essential Rinctions for Public Safety. 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 maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday — Friday, S — 5 support for mobile computers, electronic field reporting, and all records management applications, and provides annual software upgrades. This agreement is for an annual period beginning January 2023 in the amount of $353,420.33. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $353,420.33 to CentralSquare, of Lake Mary, Florida, for the renewal of an annual maintenance agreement for Police, Fire, and EMS public safety software support beginning January 2023. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described software. 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 25th day of October, 2022. - Mayor Robin Mouton - r# ■'., - TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of a crime scene laser mapping system from Collision & Crime Forensic Solutions for use by the Police Department. BACKGROUND Documentation of crime and crash scenes is an important task of the police department. This can be a complex process, and it is vital to accurately map such scenes. The Leica RTC360 Laser Scanner is a powerful forensic mapping tool that allows investigators to document their scenes in 3D with speed and simplicity. This system offers 3D data with exhibits that are easily shared in the investigative process. The system is portable, simple to use, and can capture data in all weather conditions. The Leica RTC360 will replace an older system that is near end -of -life. Collision & Crime Forensic Solutions is the sole source vendor for this product. FUNDING SOURCE Capital Reserve Fund RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Leica RTC360 Laser Scanner Mapping System for use by the Police Department from Collision & Crime Forensic Solutions, of Papillion, Nebraska, in the amount of $110,018.99 as shown on Exhibit "A," attached hereto; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described equipment. 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 25th day of October, 2022. - Mayor Robin Mouton - Quote Number COLLISION & CRIME Boatiniont Polico RTC380 X1 - NO PGIIPAd FORENSIC $OLUTIONSt PaooIof2 fum;. Rnccmhucl coIv.v4sl ail .-f.n,GC'osystenis Customer company: Beaumont Police Department Address: 266 Collega St Contact: Set, Eric Wilson Clty: Beaumont Email: evlc,v,ttson,�tx au;n_on3t©xns c ov StatelProv: TX Phone: 409.980.7271 P,CJZIp: 77701 Fax: Account 0., Dates Quote Issued: 312512022 Quote Updated: 813012022 Beaumont Police Departmont RTC360 Package including W and ACTAR Accredited Training - NO PC, NO 1PAD Part Number 1 Product Description Quantity Unit Price Discount TOTAL 6012673 RTC300 HDS Laser Seamier Package 1 $81,166.65 $8,115V $73,040.99 038300 RTC360 Laser Scanner 1 874800 Calibration Cart. "Sliver", TLS RT0360 1 954519 GE8364 Battery int. LI-Ion 10.BV16900mAh 4 817063 GVP730 Transport Container for RTC350 1 842065 MS250 Industrial USB Slick 256GB 2 865471 GVP736 Backpack for RTC300 laser Scanner 1 872616 Letca RTC360 Quick Guide 1 874506 Lelca Cyclone Field 360 Into Sheet i 874507 Letca RTC360 USB Documentation Card 1 799187 GKL341 Charger Prof. 6000 (4-bay) 1 73i440 AC power Cable 2-pole US, to charger 1 636767 Rain Cover 1 6013513 1st yr RTC360 Laser Scanner COP Silver Upgrade 1 $2,170.00 $108.50 $2,061.50 Includes: 1yr RTC360 Laser Scanner Hardware Warranty, Maintenance l Calibration Service, & 1yr RTC360 Laser Scanner Customer Support OT5643XLS Gitzo 76" Systematic series 6 tripod 1 $1,600.00 Costi $1,600.0D E•ZLOK 335.6 E-Z LOK Thread reducer for GAD122 1 $20,00 Cost $20,00 870986 GAD122 adaptor for GST with 618" 1 $116.00 $11,60 $103.60 916318 IMS Map360 Pro (Permanent) 1 $6,395.00 $639,50 $5,755.50 6015993 Map360 Pro COP 1 yr, 1 $1,600.00 $80.00 $1,520.00 014470 Cyclone PUBLISHER (Permanent) 1 $4,160M $415.00 $3,736.00 6016916 Cyclone PUBLISHER COP 1yr 1 $770.00 $39.60 $731.50 Includes: (6310429) Cyclone PUBLISHER updates lyf & (5310441) Cyclone PUBLISHER Support lyr 864515 Cyclone REGISTER 360 (Permanent) 1 $5,300.00 $530,00 $4,770.00 0012199 Cyclone REGISTER 360 CCP 1yr 1 $980,00 $49.00 $.931.00 includes: (5308104) Cyclone REGISTER 360 updates lye & (6308113) Cyclone REGISTER 300 Support 1yr NIA Cyclone FIELD 300 App 1 $0.00 $0,00 $0,00 Cyclone FIELD 360 Is curranily free to download, A valid Cyclone REGISTER 360 CCP EID Is required to log Into FIELD 360. CFS 4-Days on -site training on RTC360 and related software - 1 $10,000.00 $1,000.00 $9.1000.00 IAI and ACTAR Accredited Includes: Tuillon for up to 8 students at a customer's facility Travel costs for trainer CFS 3-Days on -site training on Map360 1 $7,600,00 $760.00 $6,760.00 IAI and ACTAR Accredited Includes: Tuillon for up to 8 students at a customer's facility Travel costs for trainer EXHIBIT "A" COLLISION & CRI,MF FORENSIC SOLUTIONSt ccrurk Roc<rishuu'cr/'nva,i"na�'tril Ceif �tll ttn'r;n� LIFETIME, 24•Hour, tochnl CFS Staff. IA) and ACTAR Accredited Includes: - Virtual, Phone and Email s, and operational support at all hours Burtdie Discounts appH*d to this quotMlon: $11,737.67 Local Sates Tax & Delivery Costs , If applicable, may not be Included NOTE. Payments by credit card will Incur a 5%surcharge Q1101e N(rinber tioaumont Pollco RTC300 X1 - No PCiIPAD Pap* 2 *( 2 Sub Total, Tax: 0% TOTAL: CFS provides FREE 24 hour tecitnlcai and o toratlonat su ort for the LIFETIME of your product.TItIs Inciutlos virtual sumort� te[aph su�]t5ort, aitdfor onrall sugnart . Options: Part Number Product Descrlpilon Quantity Unit Prlco Discount TOTAL 6013676 3 yr RTC360 Laser Scanner CCP $liver 1 $11,040.00 $772.80 $10,267.20 Includes: 1yr RTC360 Laser Scanner Hardware Maintenance & 1yr RTC360 Laser Scanner Customer Support 6013576 5 yr RTC360 Laser Scanner CCP Sliver 1 $19,700,00 $1,379.00 $181321.00 Includes: 1yr RTC360 Laser Scanner Hardware Maintenance & 1yr RTC360 Laser Scanner Customer Support 6017430 1 Year PSG Smart Plan Basic 1 $2,746.00 $137.25 $2,607.76 Unlimited viewing of Pro -Recorded Materials for t person Unlimited Monthly Live Virtual Classroom for 1.2 person(s) Virtual Training at laam,taicalms.com for 1-2 person(s) Training Licensing 6010770 MST Calibrated Dual Target Pole Kit 1 $2.535.00 $253.60 $2,281.50 840867 Dual Target Pole Kit 1 5003964 MIST Certificate 1 Note: Cyclone FIELD 360 On -Site Registration Software is currently free for customers who currently have a valid Public Safety Suite with a current CCP Maintenance agreement on the Register 360 product, if your Register 360 CCP lapses you may no longer havo access to Cyclone FIELD 360 On -Site Registration Software. All RT0360 VIS functions will continue to work in stand-alone mode, Customer computer system used for Register 360 must meet the minimum requirements as set out by Letca Geosystems, Computers are available for purchase, contact your sat as rep for more information. Mir►hnurn specillcallow Processor: Dual core processor running at 2,5GHz, RAM: Minimum 8 GB or more for 64-btt OS, Operating System; Windows 10 (64 bit), Graphics: Support for OpenGL 3.3 or higher with 108 video memory, Hard Disk: At least 1 GS of free disk space required for install. Note: This spec Is recommended only for vlowing anMor working on smaller projects. Recommended specification for Workstation: Processor: Latest 19 quad core 101h generation at 3.5GHz or higher, RAM: 64 GB, Operating System: Windows 10 (64 bit), Graphics: NVIDIA Quadro or NVIDIA Geforce or AMC) Radeon with 8GB of dedicated video memory. Internal SSD drives. One for willing and one for reading. Signature; Collision Forensla Solutions Alin: Michael Salves 300 S. Flllmoro St Tel: 402-339-1610 Papitlion, Nebraska 68046 Fax, 402-339.4811 Email: )rs.com Dale: 8130/2022 Terms & Conditions Quolatton Vatld for 60 Days, Please Indicate optional cholces when accepting this quote. Ad -Hoc Equipment (IPad Pro 1 Custom Computer / Gltzo) sold at cast, NOT FOR DISTRIBUTION TO OTHER VENDORS. Not to be disseminated I Beaunlant Police only. 79- TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Teclulology Services MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement from SHI Government Solutions, Inc of Austin, TX. for Microsoft Office 365 that is used by all city departments. Microsoft Office 365 is currently in -use throughout all the city's departments for access to e- mail, file sharing, online versions of Microsoft Office, and other collaborative tools. The maintenance agreement allows for continued access to all portions of Microsoft Office 365, as well as continued techtucal support from Microsoft. This agreement, in the amount of $61,062.36, is for an annual period beginning on November 1, 2022. Pricing was obtained through the State of Texas Department of Information (DIR), DIR provides cities and political subdivisions with the means to purchase inforination tecluiology at volume prices contracted under the procurement statues of the State of Texas. FUNDING SOURCE General Fund, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Maintenance Agreement with SHI Government Solutions, Inc., of Austin, Texas, through the State of Texas Department of Information Resources (DIR) contract in the amount of $61,062.36, for use by all City Departments for access to Microsoft Office 365 and technical support from Microsoft. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described software. 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 25th day of October, 2022. - Mayor Robin Mouton - G TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 18, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Texas Drainage, Inc., for the Citywide Ditching Program Phase 1. BACKGROUND On May 24, 2022, by Resolution No. 22-137, City Council awarded a contract to Texas Drainage, Inc., of Waller, in the amount of $945,290.02, for the Citywide Ditching Program Phase 1. Proposed Change Order No. 1, in the amount of $22,840.34, is required to adjust three (3) additional driveway culverts that were found to be off in elevation, add headwall replacement for a driveway, and an additional 3,243 linear feet of ditching to reflect the work that was completed in Ward 2 and 3. No additional days will be added to the contract for the additional work, If approved, Change Order No. 1 will result in a new contract amount of $968,130.36. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 22-137 WHEREAS, -the City of Beaumont solicited bids for furnishing all'labor, materlals, and equipment for The FYZ022 City, Wide Ditching Program; and, WHEREAS, Texas Drainage, Inc, of Waller, Texas, submitted a bid In the amount of $946,290.02; and, WHEREAS, the City Council is of the opinion that the bid.su' bmitted.by Texas Drainage, Inc. of Waller, Texas, is the lowest responsible bidder providing services at the best vacua 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 i'n the preamble to -this resolution are hereby, In all things, approved and adapted; and, THAT the City .Council hereby approves the award . of a contract to,. Texas Drainage, Inc. of Waller, Texa's in the amount of $945,290,02, for The FY2022 City Wide Ditching Program; and, BE IT FURTHER RESOLVED THAT the Interim. City Manager be and he is'hereby authorized to execute a contract with, Texas Drainage, Inc. of Waller, 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 (Jf the City of.Beaumont this the 24th day of May 2022. �EAUMp `a - Mayor Rabin Mouton: -. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on May 24, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-137 awarding a contract in the amount of $945,290.02 for the Citywide Ditching Program Phase I and, WHEREAS, Change Order No. 1, is required in the amount of $22,840.34, to adjust three (3) additional driveway culverts that were found to be off in elevation, add headwall replacement for a driveway, and an additional 3,243 linear feet of ditching to reflect the work that was completed in Wards 2 and 3. No additional days will be added to this contract for additional work; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $22,840.34 for additional work described above thereby increasing the total contract amount to $968,130.36 for the Citywide Ditching Program Phase I; and, BE IT FURTHER RESOLVED THAT the Citywide Ditching Program Phase I; be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $22,840.34 to the Citywide Ditching Program Phase I. 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 25th day of October, 2022. - Mayor Robin Mouton - Contract # 002.001 19-Oct-2022 08:56 AM CST 002.001: Change Order No. 1 For 002 FY22 Ditching Construction Division 00000 Line Item Unit price Type FY22 City Wide Ditching Program 801 Main Street Beaumont, Texas 77701 Project Number: PW0222-11 Grand Total: $22,840.34 Group 3.0 Construction Scope of Reset the driveway at 9680 Gross Street and 395 Norval] Street, Replace 24 in RCP pipe at empty lot next to 9755 Shepherd Drive with Work an 18 in RCP pipe. Addition 1,927 LF of Ditching for Ward 3 on Duke Street, Texas Avenue, Delaware Street, and Pine Street. Addition of headwall replacement for Driveway 31 (4365 Berkley Avenue), Driveway 52 will not be reset, so material from that will be used on the driveways added Into the project, Notes Additional 1,316 L.F of ditching quantity to Ward 2 to reflect actual ditching done. Ditch€ng in Ward 2 is finished. Awardod To Texas Drainage, Inc. Rosemary Selvidge 28345 Reason Code Days Changed Attachments Owner Requested Change Order Summary Original Contract Sum Net Cost by Previous Approved Cos Contract Sum Before This CO Contract Sum Changed By This CO New Contract Sum All Change Orders make up 2.42% of the Original Contract Accounting and Status Accounting Status 945,290.02 Substantial Completion Date 0.00 Not Time Change By Previous Cos 0 days 945,290.02 j Substantial Completion before This CO 22,840.34 Time Changed By This CO 0 days 968,130.36 New Substantial Completion Date EXHIBIT "A" Item Id 305 PO Number 423913 FEMA Number f Accounting Project Code STCWDP Custom Accounting Field 04 Custom Accouuting Field 05 I Custom Accounting Field 06 Custom Accounting Field 07 ' Custom Accounting Field 08 Line Items item # Account Code WSS/ Section Description 3.0 Construction 464-3 01000 RC PIPE (CL III) (18 IN) 464-4 01000 RC PIPE (CL III) (24 1N) 466 01000 Headwall Structure 496-4 01000 REMOVE STR (PIPE) (RCP) (24 IN) 5000-1 01000 DITCH CLEANING AND RESHAPING (WARD 2) 5000-2 01000 DITCH CLEANING AND RESHAPING (WARD 3) 500-1 01000 MOBILIZATION 6000-2 01000 REMOVE & REPLACE ASPHALT (DWYISIDEWALK) Total Approval Approved Name or Role Status 1 External -GC Approved Rosemary Seividge 11-Oct-2022 01:44 PM CST 2 Project Manager Approved Colby Anderson 11-Oct-2022 02:05 PM CST 3 City Engineer Approved Amalia "Molly" Villarreal 19-Oct-2022 08:50 AM CST 4 Director Approved Bart Bartkowiak 19-Oct-2022 08:62 AM CST 5 Admin Approved Crystal Garza 19-Oct-2022 08:56 AM CST Quantity UoM Unit Price Total Amount 16.00 LF 126.00 21.00 LF 150.00 1.00 EA 3,000.00 37.00 LF 25.00 1,316.00 LF 3.48 1,927,00 LF 3.48 0.06 LS 8,000.00 26.90 SY 73.00 2,016.00 3,150.00 3,000.00 925.00 4,579.68 6,705.96 500.00 1,963.70 22,840.34 Grand Total: 22,840.34 Actions Due: 26-Oct-2022 APPROVED BY: ATTESTED BY: Kenneth R. Williams Date Tina Broussard Date City Manager City Clerk 1:1 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to BDS Constructors, LLC d/b/a MK Constructors, for the Primer Lift Station Repairs Contract Project. BACKGROUND On December 15, 2020, by Resolution 20-279, City Council awarded a contract to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, in the amount of $721,615.00, for the Primer Street Lift Station Repairs Contract Project. Previous Change Order Nos. 1-4, in the amount of $165,201.00, are attached for your review. Proposed Change Order No. 5, in the amount of $10,148.00, is required to add a final bid item for reimbursement for continuous cleaning and back washing of the dry -pit pumps due to excessive solids buildup. A total of thirty (30) calendar days are requested to be added to the contract time to reflect the additional time used to clear the solids from the wet well. If approved, the addition would result in a final contract amount of $896,964,00. The project provides for repairs of damages caused by flooding from Tropical Storm Harvey. The Federal Emergency Management Agency (FEMA) has obligated the majority of the funds for the repair and mitigation work, with the balance paid by the City's Harvey Fund. The work proposed in Change Order No. 5, is outside of the FEMA approved scope as it is not Harvey related, but necessary for proper operation. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 5, maintenance, and final payment in the amount of $54,488.80 is reconunended. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 22-036 WHEREAS, on December 15, 2020 the City Council of the City of Beaumont, Texas passed Resolution No. 20-279 awarding a contract in the amount of $721,615.00 to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, for the Primer Street Lift Station Repairs Contract Project; and, WHEREAS, on October 26, 2021, the City Council of the City of Beaumont, Texas passed Resolution No, 21-279 authorizing the City Manager to execute Change Order No. 1, in the amount of $18,356.00, to remove and replace the existing deteriorated ductile iron piping and fittings in the wet well, thereby increasing the total contract amount to $739,971.00; and, WHEREAS, on December 7, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-318 authorizing the City Manager to execute Change Order No. 2, in the amount of $87,620.00, to install a valve to isolate the force main from the drywell to remove and replace the existing valves, fittings and piping, thereby increasing the total contract amount to $827,591.00; and, WHEREAS, Change Order No. 3, in the amount of $59,225,00, is necessary to install a new twelve inch (12") bypass port and related appurtenances, thereby increasing the total contract amount to $886,816.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of $59.225.00 for the additional work described above, thereby increasing the total contract amount to $886,816.00 for the Primer Street Lift Station Repairs Contract Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2022, 0 Mayor Robin Mouton U)Ze �o No W cfrry� lX o O� U� i od z Q a © 0 o 0 ol 0 o 4 N O cy [] ao 0) �0t rn C� ";�t V' NFoo �4 iti w w w w w w O � � O � Q LU O N p U U J a O 0. C) o o w IL , a M a a o oz o o o (.) F O I- u, C) m o o n 0 w m `o 'd e� a o � w td o � � o J.a.- 'nCg R 8 H py 01 l6 0. UU 7 9• •� llv��� 5� i .Q is N C) I 6 a.Qo.'qq'a�' ' 5 � Al 'S o � 42 O PEW:3 m z c U C) c� 0 I [�i �i� 0 o p n I,a0000 a 00000 00 00 00 00 00 on 0 o 0 0 00000 o0000 %' �o o m m g $ ao 9(pppdig 61m 00 op N I(1 dui O r oo Ob a� M 8i V do0do 0 d O of O EL m ti m cn N P O Oi ri [] cq hf N ri AAAII)) (((999 YI �➢ cd O �(1 ui A r 10 '0000 P m vi ri O P .� O C] vi vim O v Cq Vl N}}N N v1 N Ul NN N Ul ill N vi Nen N 07I NNN to V3 EIl N N h �V}}3 V V ppUl O o 0 0000 a o en ro cd �cq� o m o d o Cis O - moui 7 �m u/ o N a a a NN Vj N N N N NN NN N N d P 0000 o P P a P 0 0 `s' n PPP oo008 Q P 08 P P 00 P 0 O 0 O 00 Q o 0 O 0 O O 00000000`� O O O O O P p 0 O P �o 0 F- 0000 �nnon s� 0 d o �oddo �mm000 d v�u� lw ovi o.- 0 N w dd nn of rn ` odooddod ` oonon000 d 0 od ui on fti N N N O 0 LJ Pmrn N Pun vi 1-: 4/(n Ui'D P f`1 O Y VI fT g u7 00000000 g g Yi 0 v1 Lb c4 r O V) oa Q ,g mow} O V3 NNm V/ N co NNNNNN N N NN N N NN N NNNN NNNNNNN V/ f/lN CO Qq 1- r m mroNm Q r O N O N Q d W 0C,00 oCioo onoo 0 0 6 0 0 o 0 0 o 00000 lo0aao mmodoo 00 00 0o 00 0a in ui 0 a o 0 s Ed opa oo 0 0 o id 0 0 p oao00o �00000000 No0000000 o0 0 0 P� o0 U _ry VI O h NN O O N (`� a n o q Al n] In M M nib m 0000 in � op o q R OI h V T (V P LLLOOn o©000000 O P O P P P P O o S] Q O o a m V Y V � � lU r r (�( C4 0 l0 f0 !f V � U) m +V 4i l7 Wu) Ln vi hj ul �n VO ` r Z O F4a- 1w NwN w F7 Ndd �ddn Naa Vd1 Nw in to wVl o w mN VI w NYl to V] w N Vo aN v)vl (o 1v�� V r mrmmmm ,- r N G C E ° w aa» t ro IS •Cf Of � C V W "cnf � m E E ro a E ro g ' o sys .Cm 4c S7v -v1i 6y n'� li}»} a�oqmr pap�8c`5� U N C •ES i N._._._.... ° baro as U 1] b .EC_'pC b'p OS C_ C d mg hl �.�. bby 9 V C.�. b C ' cmcc> IV c row�a���vw 1. c c € c c c c mnror,�$ 9 ar ,S 'o c c�m'�n$roton C �'o by c c c c c c m ro H� HL rvory iv F9� n F�j U, � ._ � v ._ Hv 1 urtn � `d �. �Ua' II O5 LLi1 LLi1 LL IL IL O FnLL 3 L)LL'9 LL a LL [L k1 LL IL 2 �fJ N 1 0 b N N n U to W A 0 v 01'I- '7 Mn VI N m 0 N w N A UY— S] ( 114 m 0 m c d K d z F- z w w Q C m 0 0 EL EL r RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT WHEREAS, on December 15, 2020, by Resolution 20-279, City Council awards a contract to BDS Contractors, LLC dlbla MK Contractors, of Vidor, Texas in the amount of $721,615.00, for the Primer Street Lift Station Repairs Contract Project; and, WHEREAS, Change Order Nos. 1-4, in the amount of $165,201.00, as shown in Exhibit 'A" attached hereto; and, WHEREAS, Change Order No. 5 is required in the amount of $10,148,00, to add a final bid item for reimbursement for continuous cleaning and back washing of the dry - pit pumps due to excessive solids buildup. A total of thirty (30) calendar days are requested to be added to the contract time to reflect the additional time used to clear the solids from the wet well. If approved, the addition would result in a final contract amount of $896,964.00; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5, in the amount of $10,148.00 for additional work described above thereby increasing the total contract amount to $896,964.00 for the Primer Lift Station Repairs Contract Project; and, BE IT FURTHER RESOLVED THAT the Primer Lift Station Repairs Contract Project; be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $22,840.34 to the Citywide Ditching Program Phase I. 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 25th day of October, 2022. - Mayor Robin Mouton - APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Five (5) & Final DATEi October 19, 2022 PROJECTS City of Beaumont, Texas Lift Statlon & WWTP Repairs Tropical Storm Harvey Primer Street Lift Station Did No. WU1421.01 / fEMA 1148352 OWNE•RI City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOM MK Constructors 2485 North Street Vidor, Texas 77662 TO THE OWNEM Approval of the following contract change Is requested. REASON FOR CHANGE; To provide for continuous cleaning of the dry-plt pumps after the pump startup due to overwhelming solids accumulatlon In the wet well. This Change Order Is not ellglble for PEMA Ralmbursemont ORIGINAL CONTRACT AMOUNT, S_ 721615.0 REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE ORDERS $ BBti. moo THIS CHANGE ORDER J Cci Oascrintion 13 Provide for continuous cleaning of the dry -pit pumps after pump startup due to $ 10,148.00 overwhelming solids accumulatlon In the wet wait, ADD 1LS @ $10,149.00/LS TOTAL AMOUNT OF THIS CHANGE ORDERI $ 10,149.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER, $ _ 896,964.00 PERCENT OP THIS CHANGE ORDER 1.41"% TOTAL PERCENT CHANGE ORDER TO DATE 24,30% CONTRACT TIME Original Contract Time, 180 calendar days Additional contract Time per Previous Change orders 379 calendar days Additional Contract Time per this Change orders BO calendar days Revised Contract Time 509 calendar days CONDITION OF CHANGEI "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated to this Change order represents full compensatlan for all Increases and decreases In the cost of, and the time required to perform the entire work under the Contract arising directly or indirectiy from this Change Order and all previous change orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change order represents an all Inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change order after It Is properly executed." Accepted by. Reviewed by: Rev yt S. NJA A a, MK Constructors . Amalla Villarreal, P.E. Bart Bartkowlak Contractor City Engineer Director of Public Works +� () and TechnologyServlc s Datat \`t_i � "' ar�. Pate! � � f 6 G?4.0C:i Mot /� — z RAA "' Approved by. Attested hyt /sLchaumhur Kenneth R, Williams Tina Broussard Engineer �P /�J City Manager CltyClerk Dalai L� Datel Data: EXHIBIT "A" APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Four (A) DATE: April 11, 2022 PROJECTt City of Beaumont, Texas Lift Station A WWTP Repairs Tropical Storm Hervey primer Street Lift Station Bid No. WU1021-01 / FEMA 1148352 OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR; MK Constructors 2405 North Street Vidor, Texas 77662 TO THE OWNER: Approval of the following contract change Is requested. REASON FOR CHANGE: To provide additional contract time to allow for the delays in:naterlal/equipment delivery due to supply chain complications as a result of the COVID-19 pandemic, ORIGINAL CONTRACT AMOUNT: REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE ORDERS THIS CHANGE ORDER TOTAL AMOUNT OF THIS CHANGE ORD£Ri TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDEM PERCENT OF THIS CHANGE ORDER TOTAL PERCENT CHANGE ORDER TO DATE CONTRACTTIME Original Contfact'lime; Additional Contract Time per Previous Change Orders Additional Contract Time per this Change Orders Revised Contract Time S 721,615,00 $ 806.016,00 � ggs,sls,0o Q.flO% 22.09% ISO calendar days 152 calendardays 227 catendardays 559 calendardays CONDITION OF CHANGES "Contractor ocRnowiedges and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases In the cost of, and the time required to perform the entire work under the Contract arising directly or Indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between owner and Contractor that the change Order represents nil nit inclusive, mutually agreed upon adjustment to the contract, and that Contractor will waive all rinitts to file a claim on this Change Order after It Is praparly executed." Accepted by �.� K Colistruclors Contractor ii Datn? �` _ /*by:Scc. Engineer pate;! UCH h Reviewed by: s Am alla Villarreal, P.E. City Engineer pate: Approved by: Chris Boone Interim City M P lingo Date, A sted by: '" AS Tt a rous and City Clerk pate: APPROVAL OF CONTRACT CHANGE CHANGE ORDER No, Three (3) DATE€. January 20, 2022 PROJEO City of Beaumont, Texas lift station & wWrP Repairs Tropical storm Harvey Primer Street Lift Station Rid No, W01021.01 / FEMA 1140852 OWNERt City of Reatnnont,Texas 801 Main street Beaumont, Texas 77704 CONTRACTORt MK Constructors 2485 North Street Vldor, Texas 77662 TO THE OWNER€ Approval of the following contract change Is requested, Reason (or Chantia: To furnish all tabor, materials and equipment to Install one (1) IR IV tapping sleeve and Valve with additional flitings for bypass discharge (12" tap included), temporary retocatlotn of ongoing bypass discharge, addltlonol shoring for the existing manhole, water line and ditch for ilia valves Installation, road restoration and traffic control for roast closure, ORIGI14AL CONTRACT AMOUNTr REVISED CONTRACT AMOUNT PER PREVIOUS CHAN(IF, ORDERS THIS CHANGE ORDER ten Description 12 Furnish all labor, materials and equipment to histaii ono (1) Saax12" tapping sleeve and valve with addittonal fittings for bypass dlschorga (12" tap Included), temporary relocation of ongoing bypass discharge, additional shoring for the existing manhota, water line and ditch for ilia valves installation, road restoration and truffle control for road closure, AOD $59,225.00/LUMP SUM TOTAL AMOUNT OF THIS CHANGEORDER; TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER€ PERCENT OF 7Hts CHANGE ORDER TOTAL P ERCENT CHANGE ORDER TO DATE CONTRACTTIME Original ContractTime€ Additional Contract Tinto per Previous Change Orders Additional ContractTima per tots change orders Revised Con troctThm CONDITION OIL CHANGE€ ,S 721,615.QQ 0 5 100 59,225.00 $ sn,2z5,oB � aas.Bls,DB 0.21� 10o calendar days 112 calander days 40 calendar days 3n calendar days "Contractor acknowledges and agrees Iliat the adjustments to contract price and contract time stipulated It this Change order represents full compensation for all Increases and decreases In the cost of, and the 11me required to perform the entire work under the Contract arising directly or indirectly front this Change order and all previous Change orders, Acceptance of this watVor constitutes on agreement between owner and Contractor that Ilia Change Order represents all all Inclusive, mutually agreed upon djustment to the Contract, and that Contactor will waive all rights to file a claim on this Chaago order after It Is property exacul ` � � tg AC opted by: MIf Canstntctors Contractor R annme 1• y: .� Scliatimb r Polk, inc. D12 alai r Dula: Reviewed by; Ainalla Villarreal, P.C. City Engineer Data€ I U b 1CQ Approved by: (,-- Kyle Hayes City Manager Data€ 2, " ' 2 1. by: Director of Public Works e:td Technology services Datat 1 a 7-1� - 4- Att ted by: rUO4 Tina prat€ssard City Clark r� Datat� , APPROVALOFCoNTRAcTCHANGi, CHANGE O11DEn No, Two (2) DATEi DecOmbar 1, 2021 PROX0 City of Roatimont, Texas LIOStatlon &WWTP Repairs Tropical storm Harvey PrlmerStmot Llft Station Did No. WU1o22.01 / FEMA 848a52 OWNMI City Of Daaumont, Taxes 801MainStroat neat€mont, Texas 77704 CONTRACTOM MK construetors , 2485 North Street Vidor, Texas 77802 TO THE OWNEW Approval of Ilia followingconiract change is requested. Reason for Clio11901 To furnish oil labor, mntatials and equlpmont to Install a 20" AVTvaive all the 20, force mole to lsolato the force male from the d►ywall In ardor to remove and replace the existing, valves, fittings and piping. ORIGINAL CONTRACT AMOU NTI 15 09 REVISED CONTMCTAMOUNT PER CHANGE ORDER No.1 $ 789.07t �Q THIS CHANGE ORDER p 0 11 Furnish all labor, mntatials and equlpmont to Install a 20" AW Volvo on Cite 20" force main to Isolate the $ 07,020.00 farce main (ram the drywall in order to remove and replace the existing valves, fittings at€tl piping€ ADD TOTAL AMOUNTOrTHISCHANGE 0RDLRI $ 87,620,00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORt?ERI 82Y59LOQ PERCENT Of THIS CHANGE ORDER 1244% TOTAL PERCENT CHANGE ORDER TO PATE 14.09Ya CONTRACT TIME original Contract7ime; 18o calendar (lays Addltlonal Contract lima p Of Previous Change Orders 28 colander days Additional Contract lima per this change orders 84 calm€dardays Revised con tractTitna 2D2 calendar days CONDITION OF CHANGgr "Contractor acknowledges and ugraes that the adjustments In contract price and contract time 010110011 it tills Change Order represents full compensation for all Increases and decreases In the cast of, and ilia time required to µarrortn ilia antra work under tile Contract arising directly or Indirectly from tills changa Order and all previous t*hango Orders, Acceptance of tills waiver constlttttes an agreatuont betWean Owner and contractor that ilia ehango Order raµrosertts an all Inclusive, mutually agreed upon adjustment to ilia Contract, and that, Contractor will walve all rights to file a claim on this change Or4orofter It is properly executed." Acce €tad b MK nstructors Contractor .Reviewed i+� )Am�e4llaVlreal, p.E, City Englnaer t Dotal Approved by; L Kyle iiayos City Manager 2 POta€ - r ' I bY€ y C1 city Clerk DO. ' APPROVAL OF CONTRACT CHANGE CHANGE ORK11 No, o e DAT0i oetobar45,_2021_ PROJOCT] City of aoaumont, Texas Lift Station & WWTP Ropnlrs Tropical Storm Harvey Primer Street tilt Station Bid No. WU 1021.O1 / FEMA 1148952 OWNCR1 city of aoaumont, Texas 001 Mal n Street Deaumont, Texas 77704 CONTRACTORI MK constructors 2405 North street Vldor,Texas 77662 TO THC OWNFRI Approval of the following cootractchange Is requested, Reason for change; To remove and replace the oxisting deteriorated ductile Iron discharge piping and fittings for the submersible pump In the secondary wet walk This change order Is not eligible for FSMA nalin4ursomant ORIGINAL CONTRACT AMOUNTt $ 721.815,Oo THIS CHANGE OADER jLOM Description 9 Furnish all labor, materials and equipment to remove and replace ilia existing a" discharge piping and $ sa,95G,00 fittings for ilia submeralbla pump In ilia secondary wet wolf, Including base elbow, ductile Iron piping, coupling, and 90 degrea bondt ADD $10,856A0/lump sum TOTAL AMOUNT OF THIS CHANG9ORD1 Rr TOTAL RIVJSED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDERt $ da,a56,00 �,,, 7aE1.07Aao CONTRACT TIME orlglnaiContractTlmas too colondardays Time requested ror material do€Ivory and Installation of ilia new a" discharae piping and base elbow 2a calendar days nouisetl ContractTimo parthls Change order 20 calendar days CONDITION OF CHAN43E1 "contractor acknowledges and agrees that the adjustments It contract price and contract time stipulated in this Change order represents full compensation for all Increases and decreases In the cost of, and the time required to perform ilia entire work under the Contract arising directly or indirecily from this chaage order and all previous Change Orders, Acceptance of Iisls waivar constitutes all agreement between Owner and contractor that ilia Change Ordor represents on all Inclusivo, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rfgllts to ffto a claim on t 1 Change Order oRar It Is prepody ex�rk�}nd•" t Ae��yiv��.—.!%AAMalla Reviewed by; MK Constructors Villareal, P,E. Contractor city Engineer Ua1a1�Cj '�.� oatai� R omm nde y] Scllatu� )r )rfg/& FOR Inc, Engtn�`W a oatei Approved Gyt Kyle Hayes city Manager 17atai /! (Y 7 by1 10 All Cityclerk / Dotal (' TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance, and authorize final payment to D & M Tanks, LLC, for the Elevated and Ground Water Storage Tank Cleaning Project. I W.- To-11t1�111�i�`CI On July 19, 2022, by Resolution 22-169, City Council awarded a contract to D & M Tanks, LLC, of Kennedaie, Texas, in the amount of $89,850.00, for the Elevated and Ground Water Storage Tank Cleaning Project. Previous Change Order No. 1, in the amount of $2,700.00, is attached for your review. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terns set out in the contract. Acceptance.of maintenance, and final payment in the amount of $4,627.50 is recommended. FUNDING SOURCE Water Fund — Contract Services, RECOMMENDATION Approval of the resolution. RESOLUTION NO. 22-169 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Elevated and Ground Water Storage Tank Cleaning Project; and, WHEREAS, D & M Tanks, LLC, of Kennedale, Texas, submitted a bid in the amount of $89,850.00; and, WHEREAS, the City Council Is of the opinion that the bid submitted by D & M Tanks, LLC, of Kennedale, 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 D & M Tanks, LLC, of Kennedale, Texas, in the amount of $89,850.00 for the Elevated and Ground Water Storage Tank Cleaning Project; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he Is hereby authorized to execute a contract with D & M Tanks, LLC, of Kennedale, 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 19th stay of July, 2022, �GAl1MOnti`h�4 n - Mayor Robin Mout6n - ■ 9 y M 2 y£ ° ■ &§ » 29 . k4 \ ( §e \p P p p§§` . � ( { \ \ \ ° &m \ a2 : } § � e ■e ««saw .: a • • % ; &� §mom({ §§§q{ 2§@@� im\ KEEj RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 19, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-169 awarding a contract in the amount of $89,850.00 to D&M Tanks, LLC, of Kennedale, Texas, for the Elevated and Ground Water Storage Tank Cleaning Project; and, WHEREAS, on September 22, 2022, the City Manager executed Change Order No. 1, in the amount of $2,700.00, to prepare the site and to weld two (2) new lugs for each manway on the prison ground storage tank four (4) in total. Additionally, touchup the coating to repair any damages to the tank coating from welding, thereby increasing the total contract amount to $92,550.00; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $2,700.00 for additional work described above thereby increasing the total contract amount to $92,550.00 for the Elevated and Ground Water Storage Tank Cleaning Project; and, BE IT FURTHER RESOLVED THAT the Elevated and Ground Storage Tank Cleaning Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $4,627.50 to D&M Tanks, LLC, of Kennedale, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 25th day of October, 2022. - Mayor Robin Mouton - CITY OF BEAUMONT Date! Septombor 22, 2022 Project: Elevated and Ground Storage Tank Cleaning P(Ojocl County: Jefferson Dieldctt Daaumonl ConlraclNumb orl Bit) No.WU0d22.10 Ownarl Clly of vonumont Contractor. DdMTANK. LLD C,O, No.l 1 THE FOLLOWING CHANGES IN THE PLANS AND/Oft _BPL CIFECATION$_AR_E FLI�UY_D I 1 _._. Duo to corrosion ortho exlsOng lugs that hold up the sproty chains for the manwhy covars at the Prison Ground StorageTonk, Iho lugs vAll bo roplocad and pay damsges to Via coaling will be rapalmd. Addil€onal Umo Is being added for oporollonat de€aye In propadng the Prison Site Tanks. It..N. IlamCodo DESCRIPTION Unit OrEglnal uanllt Changotn Quan111 UnitPrloo Total ADD Prepare Silo end Wald 2 Now Lugs for Each Manway ail Ilia 0 Prison GtoundStoragaTnok(4Total).AddittertallyTouOup LS 0 1.00 $ 2,76D,00 S 2,700.00 Coaling to Ropalr any Damages to 110 Tank Canting ((am Welding. SUBTOTAL S 2,700,00 TOTAL AMOUNOF THIS CHANCE! oDER $ 2,700A0 tO LENDAR D"S iLL DE AOOED TO TIRE CIIAHOE ORDER ' ORIOINAL CONTRACT AMOUN T; 0g 060.00 NETFROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: S 2300,00 PERCENT OF THIS CHANGE ORDER: 3.01°/ TOTAL PERCENT CHANGE ORDER TO PATE: 3.01 % NEW CONTRACT AMOUNT: $ 04050,00 CONTRACT TIME ORIGINAL CONTRACT TIME; 40 Calondarpave ADDITIONAL CONTRACT TIME PER PREVIOUS CHANCE ORDERS: 0 ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER: 7 CalandorDays REVISED CONTRAOTTIME: 47 Calendar Daya CONn1TION OF CHAN4Et 'CoAVoctor acknoWsdpes and apreas €hat the odlustments In contract pace and contract Umo &Vpulnted In €his Chango Order roprasonts (ull compenaa0on (or all Incroasos and decreases In the Coll ol, and the limo requited to padonn Iho Wes wxk under the contract adsingdlractlyar kidiroolry from this Change O(dorand d0prav€ous Change Orders, Accoplanco of thls %Yalyar 0014utos on agreement between Owner end OonVactor dial the Changa Ordar represents on sA tn00$IVe, mutually sgraad upon adjus"ent to the Contract, and that CoaOaclor wpwdNo all r€g3th 10 Ro a clelm on UIIs Chango Order aRer It Is prope y oxocuted.' ACCEPTED BY; PREPARE Y: !/tz 9I22122 9%zy/ z DAM TANK, LLC • REP DATE JOIN! PIFF S 111, EIT, DATE WAYEN ILIIEENESIOH MANAGER ReViEWEO 6Y: REVIE ilY RrtE ,P, DATE D 1HOWIAK DATE CITY EHOINEER DIRECTOR OF PURLtO WORHS A TECHNOLOGY SERVICES APPROVED D d ATTES HY: rdz— ,2 KEENIETHR.WILLIAMS D. TINADROUSSAR DATE CITY MANAGER Ct1Y CLERK EXHIBIT "A" ®&M TANK LLC 6901 Mansfield Cardinal Rd, Kenuiedale, TX 76060 Office/Fax (817)841-8593 Office: (214)882-5664 APPLICATION FOR PAYMENT TO: Owner Representative APPLICATION NO: 3 City of Beaumont APPLICATION DATE: October 18, 2022 801 Main, Suite 210 Beaumont, TX 77701 PROJECT NO: I WU0422-181 DISTRICT: City ofBeauniont CONTRACT DATE; August 10, 2022 PROJECT: Elevated and Ground Storage Tank Cleaning Project NOTICE TO PROCEED: August 29, 2022 APPLICATION PERIOD TIME USED THIS APP.: 12.00I from: September 30, 2022 TIME USED TO DATE:44.00 to: loctober 12, 2022 CONTRACT TIME: 47 PERCENT USED: 94%1 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the attached Continuation Sheet. 1, ORIGINAL CONTRACT AMOUNT (SECTTION - A) $ 89,850.00 2, Alternate Bid Item (SECTION - B) 3, Net change by Change Orders $ 2,700.00 3a. Not Change by Quantity Adjustments $ - 4. CONTRACT SUM TO DATE (Line 1 ::b 2) $ 92,550.00 5, TOTAL COMPLETED TO DATE (Column I oil Continuation Sheet) $ 92,550.00 6, RETAINAGE: 5 % of Completed Work $ (--% of Column I on Continuation Sheet) 7, TOTAL EARNED LESS RETAINAGE $ 92,550.00 (Line 36 Less Line 35 Total) 8. LESS PREVIOUS APPLICATIONS FOR PAYMENT $ 87,922,50 (Line 7 from prior APPLICATION) 9. CURRENT PAYMENT DUE $ 4,627.50 10, BALANCETO FINISH, INCLUDING RETAINAGE $ - (Line 4 less Line 5) SUBMITTED: A tlt& APPROVED: / � �' P, - -- D&M TANK LLC O ner Repres ntative DATE: 10/18/22 DATE: 0 / (q 17--Z 11 October 25, 2022 Consider• an appeal from the Historic Landmark Commission of a denied Certificate of Appropriateness to construct a fence at 794 31d Street TEXAS TO: City Council FROM: Ketmeth Williams, City Manager PREPARED BY: Chris Book Director of Planning and Conimunity Development MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider an appeal from the Historic Landmark Commission of a denied Certificate of Appropriateness to construct a fence at 794 3ra Street. Property owner, Terry Highsmith, requested permission to construct a fence for the property located at 794 3rd Street from the Historic Landmark Commission (HLC). The property is on the corner of Hazel and P and the proposed fence would encompass the backyard of the property and run along the side yard of the corner of Hazel and P Streets. It is proposed to be six (b) feet in height and eight (8) inches in width. Additionally, fence would be made of concrete blocks, covered with stucco and painted white with decorative columns. Enclosed are the site plan, elevation drawing and example of the fence Mr. Highsmith proposes to construct. The Landmark Commission is charged with reviewing requests for Certificate of Appropriateness (CA's) for most exterior improvements to "... determine ivhether the proposed work complies tiilith the preservation criteria and regulations... [and]... if the proposed u,ork does not comply vOth the preservation criteria and regulations contained in this or any other applicable ordinance, the historic landmark connnission shall deny the certificate". Regarding the design of fences within the historic district, Section 28.03.018 (g)(3)(D) of the ordinance states: "Concrete block fences are not permitted". Staff found that the proposed fence did not meet the requirements of the ordinance and offered a recommendation for denial. The Landmark Commission considered Mr. Highsmith's request for a Certificate of Appropriateness (CA) at their meeting on December 13, 2021. After an extended discussion, the Commission voted 10:0 to deny the request to construct the fence using the proposed design. The minutes of the meeting are enclosed. The applicant appealed the Landmark Commission's denial of the Certificate of Appropriateness. Council initially reviewed this appeal on January 11, 2022 and tabled the item. The intent to table was to receive recommendation from the Landmark Commission regarding what type of fence would be acceptable for a house from this time period. Please see the attached memorandum the Landmark Commission stating such, which was prepared and blessed for Council on May 9, 2022. FUNDING SOURCE Not applicable. RECOMMENDATION Denial. TEXAS TO: City Council FROM: Historic Landmark Commission PREPARED BY: Deini Engman, Senior Planner In December of2021, the Historic Landmark Commissioner heard the request of Terry Highsmith, who requested permission to construct a stucco fence, for the property located at 794 3Td Street. The fence would encompass the backyard and be visible from the street night -of -way along 3ra street and Hazel Avenue. The fence would be six (6) feet in height and eight (8) inches in width. Additionally, the fence would be made of concrete blocks, covered with stucco and painted white with decorative colunuis. See. 28.03.018 (g)(3)(D) Historic -Cultural Landmark Preservation Overlay District states a fence in a front or corner side yard must be constructed of wrought iron, wood or brick. Concrete block fences are not permitted. After an extended discussion, the Commission voted 10:0 to deny the request. An appeal was filed on this denial and was heard by the City Council on January 11, 2022. The City Council tabled the item and requested that it return to the Commission for a recommendation on what would be acceptable. Daring the Historic Landmark Commission meeting on February 14, 2022, the Conunission discussed the case again and reached a consensus that a wooden fence with brick inlay would be reconnunended, as a stucco fence would not be appropriate with the time period of this house. ORDINANCE NO. ENTITLED AN ORDINANCE OVERTURNING THE DECISION OF THE HISTORIC LANDMARK COMMISSION TO DENY AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS TO CONSTRUCT A FENCE LOCATED AT 794 3R° STREET, BEAUMONT, TEXAS, AND APPROVING SAID APPLICATION. WHEREAS, on December 13, 2021, Terry Highsmith applied to the Historic Landmark Commission for a Certificate of Appropriateness to construct a fence for the property located at 794 31d Street, Beaumont, Texas; and, WHEREAS, on December 13, 2021, the Historic Landmark Commission conducted one (1) public hearing to consider the application for the Certificate of Appropriateness; and, WHEREAS, at the conclusion of the public hearing, the Historic Landmark Commission voted 10:0 respectively to deny the request for the construction of the fence at 794 3rd; and, WHEREAS, Section 30-21.2(h)0 of the Code of Ordinances of the City of Beaumont gives the applicant the right to appeal a decision of the Historic Landmark Commission to deny a Certificate of Appropriateness to the City Council; and, WHEREAS, Terry Highsmith has appealed the decision to deny his request for a Certificate of Appropriateness to the City Council; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT after considering the evidence and testimony of the witnesses, the City Council hereby finds and declares that the decision of the Historic Landmark Commission to deny the application of Terry Highsmith for a Certificate of Appropriateness to construct a fence at the property located at 794 3rd Street, Beaumont, Texas, should be overturned; and, BE IT FURTHER ORDAINED THAT the application of Terry Highsmith for a Certificate of Appropriateness to construct a fence at the property located at 794 3rd Street, Beaumont, Texas, is hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2022. Mayor Robin Mouton — LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being northern 70' of Lot 7 and all of Lot 8-9, Block 29, MGFaddin Second Addition, Beaumont, Jefferson County, Texas, containing 0.241 acres, more or less. TEXAS TO: City Council FROM: Historic Landmark Commission PRDPARED BY: Demi Engman, Senior Planner In December of 2021, the Historic Landmark Commissioner heard the request of Terry Highsmith, who requested permission to construct a stucco fence, for the property located at 794 3rd Street. The fence would encompass the backyard and be visible from the street right-of-way along 3rd street and Hazel Avenue. The fence would be six (6) feet in height and eight (8) inches in width. Additionally, the Fence would be made of concrete blocks, covered with stucco and painted white with decorative columns. See. 28.03.018 (g)(3)(D) Historic -Cultural Landmark Preservation Overlay District states a fence in a front or corner side yard must be constructed of wrought iron, wood or brick. Concrete block fences are not permitted. After an extended discussion, the Commission voted 10:0 to deny the request. An appeal was filed on this denial and was heard by the City Council on January 11, 2022. The City Council tabled the item and requested that it return to the Commission for a recommendation on what would be acceptable. During the Historic Landmark Commission meeting on February 14, 2022, the Commission discussed the case again and reached a consensus that a wooden fence with brick inlay would be recommended, as a stucco fence would not be appropriate with the time period of this house. EXHIBIT "A" No Text No Text 41 k7- ®r, h t � ♦ �sF jj������Y11 --- \ � h' ��� ' ~•mil r 1 3 i +f v t t No Text 1t V •�� ri � ti�1�r 1 �� {' is '� !f �; + ., s,111� tr��"•` 3st i s I m » �(� ���9 . � ? °' �� � y y /. . \� / y�\� ?� < � d \� � . � �a:cam « ��\ � % �� � � � \ L)\\:�:� �} : ylw»/�< /�/���\ :, , . ƒ<« . � ; � ?!� } � \� � � � \ � « :� � \\� � � � a \\� � � � � .�:� � .� �� %\ � �� � � \ �� 15� � � y [� \� �� �� �:d>� � : / \.�\,+. . � �� � > � \m� \\\\�� \� � � � � 2va� azG, d ^�.�� � , �����\ �� � , � � , \� � �\ �} § � ® � \ y� � � © i � \ A} 1 :zf , | 2 2�. . �� r• '� lSa1 � -S7 yy Xw y t� y' D d� z w� r ,r 4� '"�' a �".r; IRA, �1� P,- R;i Historic Landmark Commission December 13, 2021 This home is categorized as a Minimal Traditional style house. A variety of materials such as stone, brick, wood siding, etc, appear to be used for a Minimal Traditional style home (McAlester et al., pg. 461). Therefore, the removal of the shakes to be replaced with wood siding seems appropriate for a home of this era. The house is not listed in the SPARE survey, Slides of the subject property and color swatches were shown. Staff recommended approval of the request. The applicant was not present. Commissioner Templeton moved to approve the request for a Certificate of Appropriateness to remove shakes and paint a house, for the property at 2470 Ashley Avenue, as requested in file PZ2021-409. Commissioner Makin seconded the motion. The motion to approve the request carried 10:0. 4) PZ2021-411: A request for a Certificate of Appropriateness to construct a fence. Applicant: Terry Highsmith Location: 794 3rd Street Mrs. Engman presented the staff report. Property owner, Terry Highsmith, requests permission to construct a stucco fence for the property located at 794 3`d Street. The fence will encompass the backyard and will be visible from the street right-of-way along 3rd street and Hazel Avenue. The fence will be six (6) feet in height and eight (8) inches in width, Additionally, the fence will be made of concrete blocks, covered with stucco and painted white with decorative colums. Sec. 28.03,018 (g)(3)(D) Historic -Cultural Landmark Preservation Overlay District states a fence in a front or corner side yard must be constructed of wrought iron, wood or brick. Concrete block fences are not permitted. The property is in the 1977 SPARE Beaumont Survey. SPARE states that the house was built C. 1905. The property was listed as a fine example of middle class housing built in Beaumont after the first Spindletop boom. Slides of the subject property and an example of the proposed fence were shown, Staff recommended denial of the request. Vice -Chairman LaBiche stated that he was not aware of any masonry fences in the district and Mrs. Engman agreed that she was not aware of any that had come before the Commission. The applicant was present. Terry Highsmith, 778 N 3rd Street, addressed the Commission. He stated that he likes the look of stucco more than wood fences. He stated that wood fences fall down, mold and look bad. He added that he does not like wrought iron or brick fences as well 5 Historic Landmark Commission. December 13, 2021 and that they are also too expensive. Finally, he added that the stucco fence would improve the look of the property. Vice -Chairman LaBiche asked if Mr. Highsmith if he is renovating the home and he confirmed this to be the case. He added that it is a big project and needs much renovation. He stated that the man who previously owned the home had used it for storage. Mr. Highsmith stated that the home has not been kept up and that he is trying to restore it as closely to the original state as possible. Finally, he thanked the Commission and hoped for approval for the fence. Vice -Chairman LaBiche asked how long Mr. Highsmith had owned the home and if he planned to live in the home. Mr. Highsmith stated that he has owned it for about five (5) years and that he does not plan to live in it, but that he will use it as an extension of his home which is next door. Commissioner Berube asked if he would be doing the fence work himself or if he had a contractor. Mr. Highsmith answered that he has a contractor who was also present at the meeting, He added that his contractor was a mason with over sixty (60) years of experience. Donald Barron, 1485 Dogwood, Vidor, TX, addressed the Commission. He explained his construction plans and how the fence would be supported by digging holes underneath and installing supporting rods. He added that the fence would be stucco on blocks and then finished. Commissioner Berube stated that he was concerned about the structural soundness of the fence and Vice -Chairman LaBiche stated that if approved it would go through an inspection process to ensure the structural soundness. Commissioner Berube stated that he did not have a problem with the proposed fence if it resembles the provided example. Commissioner Makin stated that the proposed fence is not one of the approved fence types in the district. Commissioner Templeton stated that it was a very nice fence, but that it did not seem appropriate for the style of the house. Mrs. Engman read the City ordinance again and stated that the request to use stucco rather than just concrete blocks prompted staff to send the request to the Commission. She reviewed the pictures again and passed around a site plan. Commissioner Makin stated that the fence would be seen from the street. Commissioner Templeton asked the applicant if his goal for the fence was privacy. Mr. Highsmith stated that this was his goal and that the other fence styles do not offer privacy. He added that this fence would be more substantial and long lasting than wood. He also stated that currently as the yard is open, people bring their dogs into the yard or treat it like a park. Vice -Chairman LaBiche stated that brick posts with stucco in between might be more appropriate. Commissioner Crawford agreed and stated that she had mixed emotions on the request and does agree that the stucco would look better than rotting wood fences that can be seen through. 0 Historic Landmark Commission December 13, 2021 Commissioner Crawford moved to approve the request for a Certificate of Appropriateness to construct a fence if bricks were added to the stucco, for the property at 794 3` Street, as requested in file PZ2021-411. Commissioner Makin questioned if the motion was specific enough. Commissioner Crawford withdrew her motion. Discussion followed about a potential precedent being set for the use of stucco in the district if this request were to be approved. Commissioner Templeton moved to deny the request for a Certificate of Appropriateness to construct a fence, for the property at 794 3�d Street, as requested in file PZ2021-411. Commissioner Makin seconded the motion. The motion to deny the request carried 10:0. 5) PZ2021-414: A request for a Certificate of Appropriateness to move an existing house into the Oaks Historic District and paint house, install front door, windows and porch. Applicant: James Callas Location: 2345 Louisiana Street Mrs. Engman presented the staff report. Property owner, James Callas, is seeking permission to move an existing house into the Oaks Historic District and paint house, install front door, windows and porch. The structure is currently located on City properly at the Ida Reed Dog Park. This structure was once utilized by the Boy Scouts as their meeting space. Mr. Callas intends to remodel the Boy Scout Hut into a residential home for rent that will contain two (2) bedrooms and one bativoom. The structure will be placed on a wood piling pier and beam foundation, he intends to finish out the soffit, fascia boards and side gables to match existing trim and siding, and install a new front and tune (9) over nine (9) pane colonial white frame windows. Additionally, Mr. Callas requests to construct a front porch. He intends to use 4 x 6 pine wood for the deck, 2 x 8 pine wood for the fiame, 2 x 4 pine wood for the hand rails, and keep the wood natural in color. Lastly, Mr. Callas is seeking permission to paint the house. He would like the body color to be Colonial Revival Green Stone (SW2826), trim to be, Downing Sand (SW2822), and the shutters and front door to be Rookwood Dark Green (SW2816). The porch will remain a natural treated pine lumber color. Slides of the subject properly, the house to be moved, a rendering of the home after proposed renovation, an example of the proposed porch and color swatches were shown. Staff recommended approval of the request with the following conditions: 1. Must pull all necessary building & moving permits through Building Codes and Engineering Division, 2. Porch shall be painted the same color as the trim. 7 DATE: December 13, 2021 TO: Historic Landmark Commission FROM: Deml Engman, Senior Planner SUBJECT: A request for a Certificate of Appropriateness to construct a fence, FILE: PZ2021-411 STAFF REPORT Property owner, Terry Highsmith, requests permission to construct a stucco fence for the property located at 794 P Street. The fence will encompass the backyard and will be visible from the street right-of-way along 3rd street and Hazel Avenue. The fence will be six (6) feet in height and eight (8) inches in width. Additionally, the fence will be made of concrete blocks, covered with stucco and painted white with decorative columns, Please see site plan, elevation drawing and example of the fence Mr. Highsmith intends to construct located in your packet. Sec. 28.03.018 (g)(3)(D) Historic-Culturai Landmark Preservation Overlay District states a fence in a front or corner side yard must be constructed of wrought iron, wood or brick. Concrete block fences are not permitted. Staff recommends denial of the request. The property is in the 1977 SPARE Beaumont Survey. SPARE states that the house was built c. 1905. The property was listed as a fine example of middle class housing built in Beaumont after the first Spindletop boom. Exhibits are attached. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Certificate of Appropriateness Case#: PZ2021.411 Location: 794 3RD ST, BEAUMONT, 77701 Individuals listed on the record: Applicant Terry Highsmith 778 N 3rd St Beaumont, TX 77701-1628 Reason for Request of a Certificate of Appropriateness Paint Now Construction Demo Fencing Miscellaneous Has request been matte before? If yes, date: Notes. Case Status: REVIEW Tag Name: Fence Initiated On: 11/16/2021 4:36:09PM Horne Phone: 4098356535 Work Phone: Cell Phone: 4098366636 E-Mail: terryhighsmlth@sbeglobal.nel Install concrete fence. Painting house and repairing wood as needed. Recaulking windows as needed. N N N Y N Y This is not a building perinit, additional permits may be required for the proposed scope of work. Case Type: Planning and Zoning Page 1 of 1 Case If: PZ242'i-411 Printed On: 12/212021 October 25, 2022 Consider a request for a Specific Use Permit to allow a temporary batching plant in an Ll (Light Industrial) District at 4965 liannett Road TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager () PREi PARED BY: Chris Boone, Plaruiing & Community Development Director MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a temporary batching plant in an LT (Light Industrial) District at 4965 Fannett Road. BACKGROUND Seth Schulgen, on behalf of Williams Brothers Construction Company, Inc., requests a Specific Use Permit (SUP) to develop a temporary batching plant located at 4965 Fannett Road. Williams Brothers Construction Company, Inc. purchased the property to utilize as a temporary yard to support reconstruction/expansion of Interstate 10, Facilities onsite will include office trailers, truck yard, concrete batch plant, pug mill, and crusher, borrow pit and detention. The existing driveway access off Fannett Road will be used as ingress and egress for the site and will be gated to restrict access outside operating hours. The properties total in approximately one hundred seventy three (173) acres in sire and abut the Hildebrandt Bayou. Section 28,04.008(10) of the City's ordinances states, "Before a specific arse permit may be granted for a teinpoi•aiy batching facility, the city council shall find that such batching plant, yard, or bitildit7g is botli incidentctl io acid necessary foi- construction i-s)ithin trroo (2) miles of the plant. A specific use permit may be granted for a period of not more than one hundred eight (180) days, and approval shall not be granted for the same location for more than foam (4) specific arse permits during any thirty -month period. Mthin thirty (30) days followng the terinination of any batching plant, the perinittee shall cause (lie site to be returned to its original condition." At a Joint Public Hearing held on October 17, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a temporary batching plant in an LI (Light Industrial) District at 4965 Farmett Road with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. 2. Shall secure water services to the property with the Water Department. 3. Shall maintain a buffer of fifty (50) feet from the edge of the waterway to Hildebrandt Bayou into the property and shall not disturb any of the natural vegetation within that buffer. 4. Shall adhere to all State of Texas guidelines and regulations to ensure freshwater ponds will not be negatively impacted by the development. 5. Proper Storm Water Pollution Prevention Plan measures must be utilized to reduce the pollutants in the storm water discharging from the construction site into Hildebrandt Bayou. 6. All structures erected shall be in compliance with Section 28.03.024 District area and height regulations. 7. Fire Apparatus Access shall be provided for all structures on site. 8, Within thirty (30) days following the termination of the batching plant, the permittee shall cause the site to be returned to its original condition. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions; 1. Construction plans must meet all requiirernents by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. 2, Shall secure water services to the property with the Water Department. 3. Shall maintain a buffer of fifty (50) feet from the edge of the waterway to Hildebrandt Bayou into the property and shall not disturb any of the natural vegetation within that buffer. 4. Shall adhere to all State of Texas guidelines and regulations to ensure freshwater ponds will not be negatively impacted by the development. 5. Proper Storms Water Pollution Prevention Plan measures must be utilized to reduce the pollutants in the storm water discharging from the construction site into Hildebrandt Bayou, 6. All structures erected shall be in compliance with Section 28.03.024 District area and height regulations. 7. fire Apparatus Access shall be provided for all structures on site, 8. Within thirty (30) days following the termination of the batching plant, the permittee shall cause the site to be returned to its original condition, BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-382 Location: 4965 Fannett Rd Individuals listed on the record; Applicant WILLIAMS BROTHERS CONSTRUCTION COMPANY, INC 3800 MILAM HOUSTON, TX 77006 Property Owner 45 SRL, INC. (subsidiary of Williams Brothers Construction) 3800 Milam Houston, TX 77006 Agent Seth Schulgen 3800 Milam Houston, TX 77006 Case Type: Planning and zoning Case ##: PZ2022-382 Case Status: REVIEW Tag Name: SUP to allow a temporary batching plant in the LI district, Initiated On: 9121/2022 1:17:07PM Home Phone: 713-522-9821 Work Phone: Cell Phone: 832-435-4601 E-Mail: SSCHULGEN@WBCTX,COM Home Phone: 713-522-9821 Work Phone: Cell Phone: 832-435-4601 E-Mail: sschufgen@wbctx,com Home Phone: 713-522-9821 Work Phone: Cell Phone: 832-435-4601 E-Mail: sschulgon@wbctx.com Page 1 of 2 Printed On: 9/22/2022 BEAUMONT Planning & Community Development Legal Description Being Tract 16 SIP-9, of the Samuel Stivers League Survey, Abstract 51, and Tracts 1 and 51 of the Names Rowe League Survey, Abstract 45, Beaumont, Jefferson County, Texas, containing 173.20 acres, more or less. AB 45 TR 51 JAMES ROWE 40 AG Dumber of Acres 173.20 Proposed Use Temporary Batching Plant That the specific use will be The temporary use of the site will be compatible with the use and compatible with and not injurious to enjoyment of other property within the immediate vicinity. the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes; Case Type: Planning and Zoning Case ##: PZ2022-382 The temporary use of the site will not impede the development of surrounding vacant property. Existing utilities, roads, and drainage will be utilized and others added if needed. Existing private access drive will be utilized for ingress and egress. Measures have been and will be taken to prevent nuisances, Temporary lighting will be positioned not to disturb neighboring properties. Landscape buffers will be utilized where possible. Site to be used as a temporary yard to support the reconstruction of IH 10. Page 2 of 2 Printed On: 9/22/2022 September 21, 2022 City of Beaumont 801 Main Street Beaumont, TX 77701 RM 175 acres @ 4965 Fannett Road Beaumont, TX 77701 Temporary Support Site for TxDOT Projects To Whom it May Concern; Williams Brothers Construction Co., Inc, purchased the property located at 4965 Fannett Road to utilize as a temporary yard to support the reconstruction of ICI 10. Temporary facilities to be located onsite include office trailers, truck yard, concrete batch plant, pugmill, crusher and borrow pit I detention. The existing private access drive off Fainiett Road (FM 124) will be the ingress and egress for the site, For security purposes, entry to the site has been gated to restrict access during non - operating hours. Hours of operation will vary to meet the demands of the project. Sincerely, ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TEMPORARY BATCHING PLANT IN THE LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 4965 FANNETT ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Seth Schulgen, on behalf of Williams Brothers Construction Company, Inc., has applied for a specific use permit to allow a temporary batching plant in the LI (Light Industrial) District for property located 4965 Fannett Road, being Tract 16 SP-9, of the Samuel Stivers League Survey, Abstract 51, and Tracts 1 and 51 of the James Rowe League Survey, Abstract 45, Beaumont, Jefferson County, Texas, containing 173.20 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a temporary batching plant in the Ll (Light Industrial) District for property located 4965 Fannett Road with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program; 2. Shall secure water services to the property with the Water Department; 3. Shall maintain a buffer of fifty (50) feet from the edge of the waterway to Hildebrandt Bayou into the property and shall not disturb any of the natural vegetation within that buffer; 4. Shall adhere to all State of Texas guidelines and regulations to ensure freshwater ponds will not be negatively impacted by the development; 5. Proper Storm water Pollution Prevention Plan measures must be utilized to reduce the pollutants in the storm water discharging from the construction site into Hildebrandt Bayou; 6. All structures erected shall be in compliance with Section 28.03.024 District area and height regulations; 7. Fire Apparatus shall be provided for all structures on site; 8. Within thirty (30) days following the termination of the batching plant, the permittee shall cause the site to be returned to its original condition; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an assisted living facility is in the best interest of the City of Beaumont and its citizens; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a temporary batching plant in the L1 (Light Industrial) District for property located 4965 Fannett Road, being Tract 16 SP-9, of the Samuel Stivers League Survey, Abstract 51, and Tracts 1 and 51 of the James Rowe League Survey, Abstract 45, Beaumont, Jefferson County, Texas, containing 173.20 acres, more or less as shown on Exhibit "A," is hereby granted to Seth Schulgen, on behalf of Williams Brothers Construction Company, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2022. - Mayor Robin Mouton — LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 16 SP-9, of the Samuel Stivers League Survey, Abstract 51, and Tracts 1 and 51 of the James Rowe League Survey, Abstract 45, Beaumont, Jefferson County, Texas, containing 173,20 acres, more or less. PZ2022-382: Request for a Specific Use Permit to allow a temporary batching plant in the LI (Light Industrial) District. Applicant: Seth Schulgen for Williams Brothers Construction Company, Inc. Location: 4965 F'annett Road . ki IN D 1 WOO l i f l Feet EXHIBIT "B" 3 October 25, 2022 Consider a request for a Specific Use Permit to allow an eating place in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District at 3825 W. Lucas Drive, Suite C TEXAS TO: City Council FROM: Kcimeth R. Williams, City Manager 6')A PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an eating place in a GC-MD-2 (General Commercial — Multiple Fancily Dwelling-2) District at 3825 W. Lucas Drive, Suite C. BACKGROUND Brandy Tarver requests a Specific Use Permit to open an ice cream shop located at 3 825 W. Lucas Drive, Suite C. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. Ms. Tarver intends to sell on -the -go ice cream and milkshakes. The shop will employ six (6) to seven (7) employees and the hours of operation are to be 11am to 7pm Monday through Thursday, and 11am to 9pm Friday through Saturday. It will not be open on Sundays. At a Joint Public Hearing held on October 17, 2022, the Planning Conunission recommended 6:0 to approve the request for a Specific Use Permit to allow an eating place in a GC-MD-2 (General Commercial -Multiple Fancily Dwelling-2) District for property located at 3825 W. Lucas Drive Suite C with the following condition: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. F.". _. 1014 Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: SUP to allow an ice cream shop in the Case #: PZ2022-379 GC-MD-2 district. Location: 3825 W LUCAS DR, BEAUMONT, TX Su€te#C initiated On: 9120/2022 6:05:52PM Individuals listed on the record: Applicant Brandy Tarver 2380 Diamond i3 Drive Beaumont, TX 77713 Property Owner Julie Johnson Missing Address, City, State, or Zip Cade in People Case Type: Planning and Zoning Case #: PZ2022-379 Horne Phone: Work Phone: Cell Phone: 40955411056 E-Mall: Kingdomwalk7@gmall.com Home Phone: Work Phone: Cell Phone: 4094545379 E-Mail: Jul€ejohnson@€kumon.com Page 1 of 2 Printed On: 9122/2022 r 0 T_ 1*1 Planning & Community Development Legal Description Being Tract 131, Plat ❑22, of the Frederick Bigner League Survey, Beaumont, Jefferson County, Texas, containing 0.69 acres, more or iess. Number of Acres 0,69 Proposed Use Ice Crean Shop That the specif€c use will be The specific use will only be for an Ice cream Shop. WE will not add compatible with and not injurious to walls, and we will not tear down walls the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: Case Type: Planning and Zoning Case #: PZ2022-379 The property suite is already move -in ready. There will not be any construction of the building. Every piece of equipment we are using Is move -in ready. The only utilities that we will need are water and Electricity. We already have a hand washing sink and three -compartment sink Parkign space Is already avaibale. The lease space has been built over ten years. There Is updated parking and handicap parking to meet our customer's needs. We will not be cooking or frying anything. All of our products are pre -made. We plan to use all pre -made products we will just pour into the ice cream machine. There will not be any additional lighting outside. We w€li only need to use electricity inside of the building. The property is well kept, and landscaping is already available. We will not have to add to or adjust anything to the property outside. Our Proposed plan is to open an Ice Crea Shop. We will do grab and Go, so there will not be dine in. Page 2 of 2 Printed On: 9/22/2022 Attention Planning Committee Our Proposed use is an Ice cream Shop. The activities and our Plans are to sell premade ice cream and Premade Shakes. We will not do restaurant style and We will not do dine in; we are planning to do a Grab and Go Ica cream Shop. Our hours of operation will be Monday through Thursday 11a.m - 7:00p.m. Friday and Saturday 11: 00 a.m.-9:00p.m. We will be closed on Sundays. The name of our Ice cream shop is J'Baby ice cream Rolls & Treats. We are planning to create Jobs for kids in Ice school to give them opportunity for employment. Our projected staff will be about 6 to 7 employees. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ICE CREAM SHOP IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3825 W. LUCAS DRIVE, SUITE C IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Brandy Tarver has applied for a specific use permit to allow an ice cream shop in a GC-MD-2 (General Commercial -Multiple Family Dwelling)-2 District for property located at 3825 W. Lucas Drive, Suite C, being a part of Tract 131, Plat D22, of the Frederick Bigner League Survey, Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an ice cream shop in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3825 W. Lucas Drive, Suite C, subject to the following condition: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow. Pre -treatments, and/or FOG program; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an ice cream shop is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an ice cream shop in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3825 W. Lucas Drive, Suite C, being a part of Tract 131, Plat D22, of the Frederick Bigner League Survey, Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less, as shown on Exhibit "A," is hereby granted to Brandy Traver, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2022. Mayor Robin Mouton LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 131, Plat D22, of the Frcderick Bigner League Survey, Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less PZ2022-379: Request for a Specific Use Permit to allow an eating place in the GC-MD-2 (General Commercial -- Multiple -Family Dwelling-2) District. ;Applicant: Brandy Tarver j ,ocation: 3825 W. Lucas Drive, Suite C .ti 0 100 200 1 1 1 I Feet (Legend s . ir?zzozz��9 r EXHIBIT "A" || \|� ■|| � §\�r / \ | ■ M �| � 51 October 25, 2022 Consider a request for a Specific Use Permit to allow an assisted living facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District at 3440 Valmont Avenue TEXAS TO: City Council FROM: Ketuieth R. Williams, City Manager 1 PREPARED BY: Chris Boone, Planning & Conin-tunity Development Director MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an assisted living facility in a GC-MD-2 (General Connnercial — Multiple Family Dwelling-2) District at 3440 Valmont Avenue. BACKGROUND Zach Rowe, on behalf of Oakridge Assisted Living Home, requests a Specific Use Permit to develop an assisted living facility located at 3440 Valmont Avenue. The GC-MD-2 zoning district requites a Specific Use Permit for all new proposed land uses, The intent of the facility is to provide twenty-four (24) hour care to sixteen (16) elderly residents in a comfortable and home -like envirotunent. They will employ twelve (12) people to staff the facility. At a Joint Public Hearing held on October 17, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow an assisted living facility in a GC-MD-2 (General Commercial — Multiple Family Dwelling-2) District for property located at 3440 Valmont Avenue with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program, 2. Construction plans shall be in compliance with Section 28,04,006 Landscaping and screening requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer innprovements, including any requirennents of the City's backflow, pre- treatment, and/or FOG program. 2. Construction plans shall be in compliance with Section 28,04.006 Landscaping and screening requirennents. BEAUMONT Planning a Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-378 Location: 3440 VALMONT AVE, BEAUMONT, TX Individuals listed on the record: Applicant Zach Rowe 3250 Eastex Freeway Beaumont, Tx 77703 Property Owner Oakridge Assisted Living Home Missing Address, City, State, or Zip Code In People Agent Sam Parlgl 455 North 14th Street Missing Address, City, State, or Zip Code in People Case Type: Planning and .Zoning Case #: PZ2022-378 Case Status: REVIEW Tag Name: SUP for an assisted living facility In the GC-MD-2 district. Initiated On: 9/19/2022 1:08:06PM Home Phone: Work Phone: Cell Phone: 409-892-0421 E-Mail: zach.rowe@whiteleyoliver.com Home Phone: Work Phone: Cell Phone: E-Mail: banerif@hotmail,com Home Phone: Work Phone: Cell Phone: 4098339555 E-Mail: scp@parigiproperty.com Page 1 of 3 Printed On: 9/22/2022 BEAUMONT Planning & Community Development Legal Description BEING a 1.2427 acre tract or parcel of land situated in the Hozekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Beal Property, Jefferson County, Texas, said 1.2427acre tract being more particularly described as follows: NOTE: All bearings are referenced to the West line of that certain called 1.5000 acre tract conveyed to CMDC4WALKER, LLC as NORTH 03033'37" WEST as recorded in Clerk's File No. 2019021478, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 518" Iron rod with a cap stamped V.W. Whiteley & Associates" found for the Northwest corner of the tract herein described, said corner also being the intersection of the Easterly right-of-way lien of Valmont Avenue (based on a width of 60 feet) and the Southerly line of that certain called 3.108 acre tract of land, identified as Tract 2 - Dowdel Ditch, as described in a "Donation Deed" from Delaware Extension Development, Ltd. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2003050607, Officiai Public Records of Real Property, Jefferson County, Texas, said corner also being the beginning of a curve turning to the right having a radius of 3529.09 feet and being subtended by a chord bearing NORTH 75°27'39" EAST having a chord length of 274.05 feet; THENCE EASTERLY, along and with tiie Southerly line of the said 3.108 acre Jefferson County Drainage District No. 6 tract, for an arc length of 274.12 feet to a point for corner; THENCE SOUTH 12017'03" EAST, over and across the remainder of the said 209,2045 acre Delaware Extension Development, Ltd. tract, for a distance of 204.29 feet to a 518" Iron rod with a cap stamped W.W. Whiteley & Associates" found for corner, s Number of Acres 1.24 Proposed Use Assisted Living Facility That the specific use will be 4 The proposed assisted living facility will enhance the locaie and compatible with and not injurious to not be injurious to the use and enjoyment of other property, nor the use and enjoyment of other significantly diminish or Impair property values within the immediate property, nor significantly diminish or vicinity. Appropriate architectural measures will be taken to ensure Impair property values within the aesthetic compatibility with nearby structures. immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Case Type: Planning and zoning Case M PZ2022-378 • The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, as the development of this lot follows with the development concept of the existing establishments in the vicinity. Page 2 of 3 Printed On: 9122/2022 BEAUMONT Planning & Community Development That adequate utilities, access roads, There are existing and adequate utilities, access roads, drainage drainage and other necessary and other necessary supporting facilities currently present at the site. supporting facilities have been or will The site is located along Valmont Avenue, which has water, sower, be provided gas and electric presently adjacent to the site. The site is adjacent to the Jefferson County Drainage District No. 6 "Dowdel Ditch", and the adjacent street also currently has a storm sewer system, both of which may be utilized for receiving storm water runoff. The design, location and arrangement As shown on the attached site plan, the design, location and of all driveways and parking spaces arrangement of all driveways and parking spaces provide for the safe provides for the safe and convenient and convenient movement of vehicular and pedestrian traffic without movement of vehicular and pedestrian adversely affecting the general public or adjacent development. traffic Ingress and egress will be accomplished by a proposed driveways at the southwest property corner of the site within a proposed & existing ingress and egress easement to be shared by a proposed primary care facility. Additionally, an existing ingress and egress easement extends from Valmont Avenue to the East side of the existing Kids R Kids along Delaware Street, of which, this site enjoys the benefit of. Gaily traffic is expected to be low, and should result in minimal Impact to the Immediate vicinity. That adequate nuisance prevention There will be no offensive odor, fumes, dust, noise or vibration measures have been or will be taken caused by the proposed use of this site as a medical clinic, to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be All proposed onsite lighting will be direct in nature so as not to provided so as not to disturb or disturb or adversely affect neighboring properties. Appropriate adversely affect neighboring measures will be taken to mitigate adverse effects on the nearby properties properties. That there are sufficient landscaping Landscaping and screening will be provided in accordance with and screening to insure harmony and the appropriate City requirements to ensure harmony and compatibility with adjacent property compatibility with the adjacent properties. That the proposed use is in The proposed use is In accordance with the Comprehensive Plan accordance with the Comprehensive and will assist in further development of the West End of Beaumont. Plan Notes: Case Type: Planning and Zoning Page 3 of 3 Case #: PZ2022-373 Printed On: 9/22/2022 OAKRIDGE ASSISTED LIVING HOME Oakridge Assisted Living Home is seeking a specific use permit for the expansion of a newly built Assisted Living and Memory Care facility located at 3440 Valmont Avenue Beaumont, TX 77706. This permit is to provide 24-hour care to 16 elderly residents in a -home -like environment. We will hire 12 employees to staff the facility. The specific use of the property is compatible with other properties in the area. The specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. The establishment of the specific use will not impede development and or improvement of surrounding vacant property. Other necessary supporting facilities will be provided as required by the city of Beaumont. The property is covered by local sewer and drainage. adequate parking spaces will be added to provide for safe and convenient pedestrian traffic. Adequate nuisance prevention measures will be taken to control odor or fumes including tight sealed lids for soiled linens. This home is adequately insulated which will decrease any noise concerns. Directional lighting will be so as not to disturb neighboring properties. There is sufficient landscaping to insure harmony with adjacent properties. The proposed use as an assisted living and memory care facility will be in accordance with the comprehensive plan. Sincerely, Vera Bagneris ORDINANCE NO, ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ASSISTED LIVING FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3440 VALMONT AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Zach Rowe, on behalf of Oakridge Assisted Living Home, has applied for a specific use permit to allow an assisted living facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3440 Valmont Avenue, being a 1.2427 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Beaumont, Jefferson County, Texas, containing 1.2427 acres, more or less as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an assisted living facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3440 Valmont Avenue with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pretreatment, and/or FOG program; 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an assisted living facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an assisted living facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3440 Valmont Avenue, being a 1.2427 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Beaumont, Jefferson County, Texas, containing 1.2427 acres, more or less, as shown on Exhibit "A," is hereby granted to Zach Rowe on behalf of Oakridge Assisted Living Home, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2022. - Mayor Robin Mouton — LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.2427 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 1.2427 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the West line of that certain called 1.5000 acre tract conveyed to CMDC4WALKER, LLC as NORTH 03°3337" WEST as recorded in Clerk's File No. 2019021478, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 5/8" iron rod with a cap stamped "MM. Whiteley & Associates" found for the Northwest corner of the tract herein described, said corner also being the intersection of the Easterly right- of-way lien of Valmont Avenue (based on a width of 60 feet) and the Southerly line of that certain called 3.108 acre tract of land, identified as Tract 2 - Dowdel Ditch, as described in a "Donation Deed" from Delaware Extension Development, Ltd. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2003050607, Official Public Records of Real Property, Jefferson County, Texas, said corner also being the beginning of a curve turning to the eight having a radius of 3529.09 feet and being subtended by a chord bearing NORTH 75°27'39" EAST having a chord length. of 274.05 feet; THENCE EASTERLY, along and with. the Southerly line of the said 3.108 acre Jefferson County Drainage District No. 6 tract, for an are length of 274.12 feet to a point for corner; THENCE SOUTH 12°17'03" EAST, over and across the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 204.29 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being the Northeast corner of a 1.1337 acre tract out of and part of the remainder of the said 209,2045 acre Delaware Extension Development, Ltd. tract, said comer also being the beginning of a curve turning to the left having a radius of 3324.37 feet and being subtended by a chord bearing SOUTH 75°30'33" WEST having a chord length of 256.02 feet; THENCE WESTERLY, along and with said curve and the Northerly line of the said 1.1337 acre tract, for an are length of 256.09 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being the Northwest corner of the said 1. 13 37 acre tract and being in the Easterly right- of-way line of Valmont Avenue; THENCE NORTH 17"19'24" WEST, along and with the Easterly right-of-way line of Valmont Avenue, for a distance of 194.11 feet to a 1/2" iron rod with a cap found for corner, said corner being the beginning of a curve turning to the left having a radius of 1970.00 feet and being subtended by a chord bearing NORTH 17°42'09" WEST having a chord length of 10.05 feet; THENCE NORTHERLY, along and with said curve and the Easterly right-of-way line of Valmont Avenue, for an are length of 10.'05 feet, to the POINT OF BEGINNING and containing 1.2427 Acres, more or less. 12022-378: Request for a Specific Use permit to allow an assisted living facility in the C-MD-2 (General Commercial -- Multiple -Family Dwelling-2) District. pplicant: Zach Rowe for Oakridge Assisted Living Rome ocation: 3440 Valmont Avenue 0 100 200 W �J Feet EXHIBIT "A" bwas 6vvu PWISW SS9-OL\6uAl Palslsstl\W-H\4LOi\-k N.._ W. g uj L� J � C? U q a � Z IL n ,IR O n � � �ig wo Q 1a- � Z c> w.. � V CIL p >- W LU U oo 0 J OW '�1 Z 013L. ate' a =Z L) W la a m Ln jro o a 1 pq � tV U 0 Z B �OR O tpo � q M Z 5 October 25, 2022 Consider a request for a Specific Use Permit to allow permanent makeup tattooing in the CBD (Central Business District) at 308 Orleans Street ■ TEXAS TO: City Council FROM: Kemueth R. Williams, City Manager 6 5 PREPARED BY: Chris Boone, Plamling & Community Development Director MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Pernnit to allow permanent nnakeup tattooing in the CBD (Central Business District) at 308 Orleans Street. BACKGROUND Kourtney Baldwin has requested a Specific Use Permit to allow cosmetic tattooing at 308 Orleans Street. Ms. Baldwin has mentioned she plans to provide body all, cosmetic tattooing and eyelash extensions. As the Central Business District zone does not require any on -site parking, vehicles would park on the street. At a Joint Public Hearing held on October 17, 2022, the Planning Commission reconunended 6:0 to approve the request for a Specific Use Permit to allow permanent makeup tattooing in the CBD (Central Business District) for property located at 308 Orleans Street with the following condition: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case ##: PZ2022-367 Location: 308 ORLEANS ST, BEAUMONT, 77701 Individuals listed on the record: Applicant Kourtney Baldwin 308 Orleans 8t - Suite 1 Beaumont, TX 77701 Property Owner Tyler Wharton 308 Orleans st Beaumont, TX 77701 Case Type: Planning and Zoning Case ##: PZ2022-367 Case Status: REVIEW Tag Name: KB Artistry permanent makeup In CBD Initiated On: 9/14/2022 1:29:25PM Home Phone: Work Phone: Cell Phone: 409-988-8416 E-Mail: kourt.kbesthetics@gmail.com Home Phone: Work Phone: Cell Phone: 940-535-4196 E-Mail: twarton@hotmail.com Page 1 of 2 Printed On: 9/21/2022 Planning & Community Development Legal Description Lot 1 and the adjacent 112 alley, Block 19, Calder Addition Number of Acres 0.18 Proposed Use Office space for cosmetic tattooing That the specific use will be There is no property within the immediate vicinity of the potential compatible with and not injurious to office space. The the use and enjoyment of other possibility of the potential office creating ruckus to other business property, nor significantly diminish or owners in the area is not Impair property values within the plausible. immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes Case Type; Planning and Zoning Case #: PZ2022-367 KB Artistry does not allow outside events to possibly destroy structures near 308 Orleans. We want to preserve these incredible buildings as much as possible. Utilities have been provided by Be308 through the city of Beaumont. We have water, electricity, and drainage taken care of at this time. The main road of access Is Orleans only, which is a public road. The drainage runs off of Orleans in the front of the building, 308 Orleans does have two bathrooms for use of my clients. The parking at 308 Orleans is public parking. We do not have a lot specified to our place of business. The adjacent businesses are not effected by the parking. Correct, measures have been and will be taken to always prevent or control offensive odor, fumes, dust, noise and vibration. The use of odor/fumes is not permitted at KB Artistry. The lighting in KB Artistt is standard lighting not to effect other property near 308 Orleans. 308 Orleans does not have landscaping considering it is all concrete. The building outside looks proportional with the rest of the building and is painted the same. The comprehensive plan for KB Artistry is to bring confidence, body art, and beauty serivices to women and men in the downtown Beaumont area. I am very passionate at making sure the proposed use is in accordance with the comprehensive plan as stated. Page 2 of 2 Printed On: 9121/2022 K13 ARTISTRY t. 409-988-8416 W Kourt.kbesthetics@gmail,corn O 308 Orleans St, Suite 1 Dear City Of Beaumont Officials, I am writing this letter to give you a description of what I plan to do within the office loacted in suite I at 308 Orleans St, Beaumont, TX, 77701. KB Artistry is going to be used as an office space. I will be providing cosmetic tattooing and eyelash extension services. It has always been my dream to provide a safe and comfortable place for women and men to receive luxury services to allow them for feel more confident in themselve, being in the beauty industry has allowed me to just that and I'm so excited to bring my business downtown. Best Regards, 1Courtney Baldwin Sept.14, 2022 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PERANMENT MAKEUP TATTOOING IN THE CBD (CENTRAL BUISNESS DISTRICT) FOR PROPERTY LOCATED AT 308 ORLEANS STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Kourtney Baldwin, has applied for a specific use permit to allow permanent makeup tattooing in the CBD (Central Business) District for property located at 308 Orleans Street, being Lot 1 and '/2 of the adjacent alley, block 19, Calder Addition, Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow permanent making tattooing in the CBD (Central Business) District for property located at 308 Orleans Street with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an assisted living facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 'I , That a specific use permit to allow permanent makeup tattooing in the CBD (Central Business) District for property located at 308 Orleans Street, , being Lot 1 and 1/2 of the adjacent alley, block 19, Calder Addition, Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit "A," is hereby granted to Kourtney Baldwin, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2, That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 25th day of October, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 1 and 1/2 of the adjacent alley, Block 19, Calder Addition, Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less. Z2022-367: Bequest for a Specific Use Permit to allow a permanent makeup tattooing in the CBD (Central Business District). Applicant: Kourtney Baldwin Location: 308 Orleans, Suite 1 0 100 200 Feet EXHIBIT "A" Sulldlnq Sketch (Pa-ge m 2) MAJ War Wharton Pro edyAddress 30 0dorrs St CiBeaurnoni C4onl J a a State IK 7! Code 77 Appralser Dakota Balfanz Faun SKT,OLOSKI • `TOTAL" appralsal so[Mara by 610 mode, Ino.-1.000-ALAMOQE I !, October 25, 2022 Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association. BACKGROUND The current labor agreement between the City of Beaumont and the Beaumont Police Officers Association expired on September 30, 2022. A proposed four-year labor agreement is recommended and would provide the following highlights: 1. A lb% wage increase across four years: a 4.75% wage increase effective October 1, 2022; a 3.71 % wage increase effective October 1, 2023; a 3.79% wage increase effective October 1, 2024 and a 3.75% wage increase effective October 1, 2025. 2. The addition of two holidays; Veteran's Day and Juneteenth. 3. A modified firing process for lateral entry officers. FUNDING SOURCE General Fund. The financial impact in FY 2023 is estimated at $1,330,000. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a labor agreement, substantially in the form attached hereto as Exhibit "A," with the Beaumont Police Officers Association; and, BE IT FURTHER RESOLVED THAT the labor agreement shall be effective from the date of execution. 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 25th day of October, 2022. - Mayor Robin Mouton - LABOR AGREEMENT BETWEEN THE CITY OF BEAUMONT THE BEAUMONT POLICE OFFICERS ASSOCIATION NOVEMBER 1, 2022 - SEPTEMBER 30, 2026 EXHIBIT "A" TABLE OF CONTENTS Article Provision Page PREAMBLE INTENT AND PURPOSE DEFINITIONS 1 RECOGNITION 2 DISCRIMINATION 3 MANAGEMENT RIGHTS 4 MAINTENANCE OF STANDARDS 5 NO STRIKE - NO LOCK -OUT 6 UNION REPRESENTATIVES 7 UNION BUSINESS LEAVE 8 PAYROLL DEDUCTION OF DUES 9 GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE 10 PROBATION AND SENIORITY 11 PROMOTIONS 12 WORKING OUT OF CLASSIFICATION 13 HOURS OF DUTY AND WORK SCHEDULES 14 SHIFT EXCHANGE 15 CLOTHING 16 LEAVE 17 HOLIDAYS 18 WAGES 19 SHIFT DIFFERENTIAL 20 OVERTIME, CALLBACK AND STAND-BY PAY 21 LONGEVITY PAY 22 INSURANCE 23 GENERAL PROVISIONS 24 CIVIL SERVICE 25 SELECTION/REHIRE 26 COPIES OF AGREEMENT 27 STABILITY OF AGREEMENT 28 POLICE OFFICER'S BILL OF RIGHTS 29 IMPASSE PROCEDURE 30 RETIREMENT 31 DURATION OF AGREEMENT 32 SAVINGS CLAUSE APPENDIX "A" — SCHEDULE OF WAGES 2 THE STATE OF TEXAS COUNTY OF JEFFERSON This Agreement is made and entered into by and between the City of Beaumont, a municipal corporation domiciled in the State of Texas, herein referred to as the "Employer," and the Beaumont Police Officers Association (BPOA), hereinafter referred to as the "Union." INTENT AND PURPOSE It is the general purpose of this Agreement to promote the mutual interests of the Employer and its employees; to provide for equitable and peaceful adjustment of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the Employer under methods which will further, to the fullest extent possible, economy and efficiency of operation, elimination of waste, realization of maximum quantity and duality of output, cleanliness, protection of property and avoidance of interruptions of service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply; "Bargaining Unit" means all full-time police officers with the exception of the Chief of Police of the Department. "Chief" means the Chief of Police of the Beaumont Police Department or his/her designee. "City" means the City of Beaumont. "Department" means the Beaumont Police Department. "Director" means Director of the Beaumont Fire and Police Civil Service Commission. "Employee" means a sworn police officer who is a member of the bargaining unit. "Employer" ineans the City of Beaumont. "Officer" means any sworn officer who is a member of the bargaining unit. "Union" means the Beaumont Police Officers Association. Pronoun Use Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders and/or gender identity groups equally. ARTICLE 1 RECOGNITION Section 1. The Beaumont Police Officers Association, hereinafter referred to as the "Union," having qualified for exclusive recognition and having been designated by a majority of the employees in the unit as their representative, is hereby recognized by the Employer as the sole and exclusive bargaining agent for the employees in the bargaining unit in matters concerning wages, rates of pay, hours of employment, or conditions of work affecting police officers in the unit. Section 2. The Union recognizes the City Manager or his/her designated representative or representatives as the sole representative or representatives of the Employer for the purpose of collective bargaining, Section 3. The rights of the Union, as sole and exclusive bargaining agent, include sole and exclusive payroll deduction of dues from employee paychecks for Union membership; sole and exclusive access and use of the Union bulletin boards; and sole and exclusive representation rights under the grievance procedure herein. ARTICLE 2 DISCRIMINATION The Employer agrees not to interfere with the rights of police officers to become members of the Union and to maintain such membership, The Employer shall not discriminate against any employee because of his/her lawful Union activity. The Union agrees that it will not interfere with, coerce or intimidate any employee into joining the Union. The Union recognizes that no employee is required to join the Union, but that each employee has the right to choose of his/her own free will as to whether or not he/she will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee of the Employer to enter and leave its premises and property unmolested and without harassment. It is (lie mutual obligation of the Employer and the Union to assure that no employee shall be subject to any discrimination because of race, religion, color, sex, or national origin. ARTICLE 3 MANAGEMENT RIGHTS Except as otherwise specifically provided herein, the direction of the work force and the management of the Department, including, but not limited to, the right to hire, the right to discipline or discharge for just cause, the right to decide job qualifications for hiring, the right to lay off for lack of work or funds, the right to abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine the methods, processes and manner of performing work of employees, the determination of policy affecting the selection of new employees, the right to establish work assignments and performance measurements and standards and the right to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs, are vested exclusively in the Employer. Except in situations of emergency, it is agreed and understood that whenever the Employer intends to exercise its contractual managerial prerogatives in a manner which will have impact upon employees covered under this Agreement, the Employer shall notify the Union at least thirty (30) calendar days in advance of its intent to change, modify, rescind or institute any new policy or written directive et!det which affects the employees and take into consideration any written responses made by the Union prior to implementation of any such change and afford the Union an opportunity to confer with the Employer, ARTICLE 4 MAINTENANCE OF STANDARDS Nothing contained in this Agreement shall be construed as repealing any lawful, recognized benefit provided through the Department for employees of the Department, and no employee shall inadvertently suffer any loss of wages, or hours by reason of the signing of this Agreement. ARTICLE 5 NO STRIKE NO LOCK -OUT Section 1. The Union agrees that, during the term of this Agreement, it will not authorize, ratify, encourage, or otherwise support any strikes, slow -downs, picketing, or any other form of work stoppage or interference with the business of the Employer, and will cooperate with the Employer in preventing or halting any such action. Employer agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this Agreement. Section 2. The Employer may discipline or discharge any employee who instigates, participates, or gives leadership to any act or conduct prohibited by Section 1 of this Article, The Employer may also invoke any remedies authorized by Section 174.205, Local Government Code, in the event of any strike, work stoppage, or slow -down. ARTICLE 6 UNION RE, PRESE Section 1, A written list of Union executive officers shall be furnished to the Employer immediately after their designation and the Union shall notify the Employer of any changes. The Union shall designate not more than nine (9) executive officers. The Union officers and the Union President or his /her designee shall be granted reasonable time off during working hours without loss of pay to investigate and settle grievances, consider and prepare responses to management initiated proposals, participate in arbitration or court actions involving the Union, and represent unit employees in formal disciplinary action proceedings, provided that the officer(s) advise their commanding officer. Permission may be withheld due to emergency operating requirements by the commanding officer, but will not be unreasonably withheld. Section 2. Union officers, board members, committee members and stewards will be given reasonable tune off to attend a reasonable number of Union meetings held on Employer's premises or within the corporate limits of the City. Section 3. Grievance Committee members will be given reasonable time off to attend Grievance Committee meetings. Section 4. Management agrees to allow the Union to have space in any police facility for board meetings, grievance committee meetings, other committee meetings and general meetings subject to space availability. The Union shall give the Chief three (3) calendar days written notice of its intent to use any police facility. The Chief may not unreasonably deny such use. Section 5. To enable the Union to expedite the preparation of contract proposals, the Employer agrees to allow the Union President reasonable time off for Stich purpose and to allow reasonable time off to other members to assist subject to the approval of the Chief. ARTICLE 7 UNION BUSINESS LEAVE Section 1. All employees covered by the terms of this Agreement who are members of the collective bargaining team, not to exceed four (4), shall be allowed tirne off to negotiate if they are scheduled to work at that time. Section 2. Elected Union officials shall be allowed to attend the monthly BPOA meeting without loss of pay or benefits if said meeting occurs during the official's regular tour of ditty. The Union shall make a reasonable effort to conduct its meetings within three (3) hours. No overtime shall result relating to the officials attending the meeting. Officials may be called back to duty in an emergency. Section 3. Up to three (3) Union officials, sliall be granted time off without loss of pay or benefits to attend state or national meetings, for a total aggregate of not to exceed fifteen (15) working days per year. Section 4. Union officials may be granted time off without loss of pay or benefits to attend a reasonable amount of labor orientated training sessions or seminars subject to approval of the Chief. Approval by the Chief shall not be unreasonably withheld. The Union will be responsible for the payment of travel expenses and training fees. ARTICLE S PAYROLL DEDUCTION OF DUES Section 1. The Employer agrees to deduct, once each month, dues and assessments in an amount certified to be current by the Secretary -Treasurer of the Union froth the pay of those employees who individually request, in writing, that such deductions be made, The total amount of deduction shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the Employer to the Secretary -Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement. Section 2. In the interest of harmonious and stable relations between parties, at the time of employment, the Union will inform each new employee that the employee may voluntarily ro execute an authorization of voluntary salary allotments for the payments of dues, should the employee desire to join the Union. Section 3. The Union shall forward to the Employer a copy of all authorizations or cancellations of voluntary deduction of Union dues by employees in the Bargaining Unit. Section 4. Employer agrees no charge will be assessed for deduction of dues from employee pay. Section 5. The Employer agrees to continue said deductions during the term of this Agreement and will do so until a new agreement is put into effect, even if this Agreement expires. Section 6. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee resulting from the operation of this Article, Section 7. The Employer shall have the right to require that payments to the Union of dues deductions pursuant to this Article be made by direct deposit. ARTICLE 9 GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE Section 1. The purpose of this grievance and disciplinary appeals procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances and disciplinary appeals. A grievance is defined as any dispute involving the interpretation, application or enforcement of a specific clause of this Agreement. The disciplinary appeals procedure shall include any demotion, suspension or termination for disciplinary purposes of any employee. Employees who are members of the bargaining unit may bring disciplinary appeals, but only the Union and the Employer may bring contract grievances. Employer agrees to allow the Union Grievance Committee access to a suitable location for grievance committee meetings. Any disciplinary actions involving suspensions taken against an employee who is assigned to work a 10-hour shift shall be listed in hours rather than days. Section 2. Disciplinaiy Appeals. In the original written statement and charges and in any hearing conducted under this Agreement, the Chief may not complain of an act that occurred earlier than the 180"' calendar day preceding the date the Chief suspends the officer unless the act is discovered after the 160`t' calendar day following its occurrence, in which case, the Chief has an additional thirty (30) calendar days to suspend the officer. The Chief shall certify the date of his/tier discovery of the act in question to the employee in writing. A. Any employee or his/her attorney may file a written appeal that includes the basis for the appeal and a request for arbitration when the employee is demoted, suspended or terminated as a result of a disciplinary action. The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements with the Chief within fifteen (15) calendar days of the date the employee was served written notice of the disciplinary action. If not resolved, the grievance shall be forwarded to the City Manager. B. A disciplinary appeal not filed within the time limit described shall not be considered timely and shall be void. C. The time limitations described herein may be waived by mutual agreement in writing by the aggrieved employee and the appropriate management official. D. The Chief shall render a written decision regarding appeals of demotions, suspension or termination within seven (7) calendar days of the date said appeal was filed with the Chief. If the appeal remains unresolved, said appeal, if submitted, must be filed with the office of the City Manager, Said appeal must be filed within seven (7) days of the date the Chief rendered or should have rendered a written decision. E. The City Manager shall render a written decision regarding appeals of demotion, suspension or termination within seven (7) calendar days of the date the employee filed said appeal with the City Manager. F. If the appeal remains unresolved, the employee or his/her attorney may request that the disciplinary action be submitted to arbitration. Any such request must be submitted in writing to the City Manager within seven (7) days from the date the City Manager rendered or should have rendered a written decision. G. Any employee who is passed over for promotion may file a written appeal with the Chief within fifteen (15) calendar days of the date the employee was served written notice of being passed over for promotion. The written appeal by the employee may be filed by an attorney of the employee's choice. Tile Union and the Employer agree that while a "promotional passover" does not constitute discipline, the procedure for addressing such appeals shall be the same as that of a disciplinary appeal. H. The Chief and the employee can enter into a written negotiated agreement regarding discipline with written approval of the City Manager. Section 3. Contract Grievances. A. A grievance involving the interpretation, application or enforcement of a specific clause of this Agreement by one or more employees shall be brought to the attention of the Union Grievance Committee in writing within thirty (30) calendar days of when the employee knew or should have known of the grievance. The Union may bring a grievance that is an on -going practice by the City which affects the bargaining unit as a whole ("Class Action") within thirty (30) calendar days of when the Union knew or should have known of the grievance. Within thirty (30) calendar days of receipt of the grievance, the grievance committee shall determine if a valid grievance exists. If, in the opinion of the grievance committee, no grievance exists or the Union denies the grievance, the grievance committee shall notify the employee. If the Union accepts the grievance, the Union shall, within seven (7) calendar days of accepting the grievance, present written notice of the grievance to the Chief for adjustment. It is the intent of the parties to attempt to resolve disputes and grievances over the application, interpretation and enforcement of the Agreement at the lowest level. Nothing herein shall prevent the Union from meeting and conferring with the City Manager, Chief, or their designees in an attempt to resolve the alleged grievance before the time limits expire. The Union Grievance Committee may invite the City Manager, Chief, or their designees to submit for the Grievance Committee's consideration any evidence that the grievance has been addressed or resolved in a previous grievance or an arbitrator's award. B. The Chief shall render a written decision to the Union President or his/her designee within seven (7) calendar days of the date the Union filed said grievance with the Chief. C. If the grievance remains unresolved, the Union may submit said grievance to the City Manager. Said grievance, if submitted, must be filed within seven (7) ealendar days of the date the Chief rendered or should have rendered a written decision. D. The City Manager shall render a written decision within seven (7) calendar days of the date the Union filed said grievance with the City Manager. E. If the grievance remains unresolved, the Union may request that the grievance be submitted to arbitration. If the Union requests that the grievance be submitted to arbitration, said request must be submitted in writing to the City Manager within seven (7) calendar days from the date the City Manager rendered or should have rendered a written decision, F. A grievance or a written request for arbitration not filed within the time limitations specified herein shall not be considered timely and shall be void. G. The time limitations described herein may be waived by mutual agreement in writing by the Union and the appropriate management official. Section 4. Arbitration. A. Either party may request the Federal Mediation and Conciliation Service (FMCS) or American Arbitration Association (AAA.) to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA once only or by mutual agreement of the parties, In that event, the FMCS or AAA will be requested to submit another list. The parties shall select an arbitrator from the list. The parties, by mutual agreement, may select to use AAA expedited rules. 13. The powers of the arbitrator shall be limited as follows; I . The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. 2. The arbitrator shall deal only with the disciplinary appeals, promotional passovers or contractual grievance or grievances that occasioned the arbitrator's appointment, C The decision of the arbitrator, if within the scope of the arbitrator's authority, shall be final and binding upon the parties. D. The Union and the Employer shall equally share the costs and expenses for the arbitrator's services, Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. E. Except as otherwise provided for in Article 9 Grievances, with respect to appeals of suspensions, indefinite suspensions, promotional passovers and demotions, the Employer and Union hereby agree that the administrative procedures for arbitration hearings and the respective rights of employees in such proceedings shall be governed by the Texas Local Government Code, Section 143.057. F. The powers and duties of the designated arbitrator or hearing examiner in such proceedings are as prescribed by the Texas Local Government Code, Section 143,057(f), which shall include, but are not limited to, the right to subpoena witnesses. G. The Union agrees that, on behalf of its members individually and collectively, with the adoption of this grievance procedure herein, the employee hereby relinquishes the right to appeal to the Civil Service Commission or appeal the designated arbitrator's final decision to the District Court except as provided by the Texas Local Government Code, Section 143.0570). H. The arbitrator shall be empowered to determine whether an issue is subject to arbitration pursuant to this Agreement. ARTICLE 10 PROBATION AND SENIORITY Section 1. Probation. A. Employees shall be considered to be probationary for a period of twelve (12) consecutive months from the date of commission as a Beaumont police officer. The Chief may extend the probationary period one time for an additional ninety (90) calendar days upon notification in writing to the Union and the employee of the reasons. A probationary period may be extended in excess of ninety (90) calendar days due to extenuating medical circumstances not to exceed one (1) year, m B. The Union may accept probationary employees as members at -large, but they are not to be considered as protected by this Agreement. The Union may provide advice, or representation, to the probationary employees only as allowed by law. C. During the probationary period, an employee may be disciplined for any reason, without recourse to the grievance procedure. D. Article 10, Seniority, Section 2, shall not apply to a probationary employee. E. Article 14, Shift Exchange, shall not apply to a probationary employee. F. Duty hours and work schedules of probationary employees may be altered at any time deemed appropriate by the Chief or his /her designee. Section 2. Seniority. A. Seniority in grade or rank shall be the determining factor in vacation leave, splitting of vacation, days off, and annual personnel shift assignments. The Employer may make job assignments based on job skills and qualifications. In the event applicants have comparable skills, seniority in grade or rank shall be the determining factor. The Chief shall determine which officers will attend the training schools. Seniority from the date of commission as a Beaumont police officer shall be the determining factor in all layoffs or recalls. B. The Union President (if desired) shall be assigned to the day shift to permit said officer to attend to Union business. This assignment shall at no time adversely affect any other employee with respect to shift and days off. C. For the purpose of this Agreement, seniority shall be considered to be continuous years of sworn service from the last date of appointment as a commissioned police officer with the Department. As used herein, "continuous years of sworn service" shall mean the period of continuous and uninterrupted employment with the Department commencing on the employee's most recent hire date. If the employee's employment previously terminated and the employee was rehired, his/her continuous years of sworn service does not include that period of service before the most recent hire date. Continuous years of sworn service shall not be determined by aggregating the employee's periods of employment with the Department. However, it does include periods of leave without pay, occurring after the most recent hire date, which have been approved by the Chief and/or the City Manager. Code. D. Layoff and recall shall be pursuant to Section 143.085, Texas Local Government ARTICLE 11 PROMOTIONS Section 1. Promotion Process Generally. Except as provided for in this Article, all written promotional procedures shall be made in accordance with the Fire & Police Civil Service, Chapter 143, Texas Local Government Code. Written promotional examinations shall be given between the ninetieth (90"') and one hundred and twentieth (I20t") day of the effective date of the first vacancy in the grade for which the test is given. Thereafter, the promotional eligibility list resulting from the examination shall be used to fill all vacancies occurring in that grade during the life of the promotional eligibility list. Except for review and appeal of promotional examination questions pursuant to Section 143.034, all other promotional grievances shall be determined by arbitration pursuant to provisions of Article 9 of this Agreement. Section 2. Promotional Examinations, A. Promotional Eligibility. Promotional examinations for Grade II (Sergeants) shall be open to all employees who have held a continuous sworn position with the Department for five (5) years or more as of the date of the promotional examination. For purposes of this paragraph, "continuous" shall include any term of sworn service in an appointed position pursuant to 143,014 of the Texas Local Government Code. Promotional examinations for Grade Ill (Lieutenants) and Grade IV (Captains) shall be open to all employees who have held a continuous position for three (3) years or more as of the date of the promotional examination in the classification immediately below the classification for which the examination is given. B. Seniority Points. For the purpose of awarding seniority points, seniority shall be measured as of the date the promotional examination is given. Seniority points shall be awarded only for whole years of service up to and including the date of the examination. I . All seniority points given for promotions to Grade II shall be based on continuous service in sworn positions up to a maximum of ten (10) years of service. 2. Seniority points for Grade III and Grade IV promotions shall be up to a maximum of five (5) years of continuous sworn service in the grade immediately below that for which the promotional examination is given. The effective date of vacancy shall be the last day of employment by the individual who is leaving the position that will be made vacant. After the effective date of this Agreement, any written promotional examination shall be based upon a maximum score of one hundred (I00) points. A passing score will be seventy percent (70%). Seniority points shall be added to the written examination score of only those officers who pass the written examination with seventy percent (70%) or more. Section 3. Promotional Test Material. A. Test material for all promotional examinations may include all or any combination of the following: 12 a. Texas Penal Code; b. Texas Code of Criminal Procedures; C. Texas Traffic Laws; d. Texas Family Code; C. Texas Drug Laws; f. Beaumont City Ordinances; and g. Rules, regulations and written directives of the Department. B. Test material for Grade II (Sergeant), Grade III (Lieutenant), and Grade IV (Captain) promotional examinations may also include up to four (4) outside sources of reading material chosen by the Civil Service Director. The sources must pertain to the respective duties of the position being sought. C. If more than two (2) outside sources of reading material are selected, reduction of the sources shall be accomplished by limiting the number of chapters from which test questions may be derived to approximately fifty percent (501/o) of the total volume of sources. Section 4. Filling Promotional Vacancies. Unless it is held to be invalid, a promotional eligibility list established as a result of a promotional examination shall remain in effect until the earlier of two dates: the date the list is exhausted; or one (1) year from the date the written examination was held. A promotional vacancy occurring on the date a promotional eligibility list expires shall be filled from that list. Any promotional eligibility lists created prior to this Agreement, and in existence at the time this Agreement, is still effective until exhausted or it expires. Section 5. Appointments to Assistant Chief, The Chief may appoint from the rank of Grade II with ten (10) years or more of seniority as a Grade II, Grade Ill and Grade IV, at the Chiefs sole discretion, two (2) positions below the rank of Chief Those appointed shall serve at the pleasure of the Chief and may be demoted to their previously held civil service rank without cause. In no event shall any demoted appointee cause another employee to be demoted because of their returning to a civil service position. The Employer shall authorize additional staffing positions in order to avoid such "bumping"; however, the Employer may reduce the extra staffing positions later by attrition in order to return to the previous authorized number of positions. ARTICLE 12 WORIUNG OUT OF CLASSIFICATION Any employee who is ordered to temporarily fill a position in a higher classification shall be paid the base salary of such higher position; provided, the employee works a minimum of eight (8) or ten (10) consecutive hours, as the position dictates, in the higher classification. 13 ARTICLE 13 HOURS OF DUTY AND WORK SCHEDULES Section 1. Other than as set forth in this Article, work schedules and hours of work for employees during the term of this Agreement shall be those in effect oil the date that this agreement is. signed by the parties hereto. The four (4) shifts 9:00 p.m. to 7:30 a.m., 6:00 a.m. to 4:30 p.m., 11:00 a.m. to 9:30 p.m., 4:00 p.m. to 2:30 a.m, (thirty (30) minutes of which is a meal break) for employees assigned to uniform patrol activities. As determined by the Chief, shifts for some or all employees assigned to the Criminal Investigation Division may consist of four (4) 10 hour shifts per week or five (5) 8 hour shifts per week (from 8:00 a.m. to 5:00 p.m. (one hour of which is a meal break)). The Chief may alter the duty hours and work schedule if the Chief notifies the Union in writing at least thirty (30) calendar days prior to the proposed change. Duty hours and work schedules may also be altered without the notice requirement by mutual agreement between the Employer and the Union. In the event of an emergency, duty hours and work schedules may be altered at the sole discretion of the Chief. Section 2. The Chief may set a temporary work schedule or change duty hours for sergeants assigned to the uniform patrol division, not to exceed two (2) hours prior to their regularly assigned shift, for such reasons related to shift and report preparation. Section 3. Employees assigned to the below listed specialized units may have flexible schedules and duty hours to accommodate the needs of the community or to accomplish specific tasks related to their assignment. However, employees will not be required to work split shifts. The Employer shall advise employees of this flexibility upon application to said units and employee agreement shall be a condition of acceptance into said units. Employees currently assigned to such units shall be given the opportunity to acknowledge acceptance. The designated specialized units include: Community Oriented Policing, Police -Community Relations, Special Assignments Unit, Auto Theft Task Force, K-9 Unit, Street Crimes Unit, Traffic Unit and Narcotics and Vice Unit. If an employee is called out, the Employer agrees not to reduce the employee's hours for the purposes of avoiding the payment of overtime. Section 4. Any employee who is assigned to work a ten-hour shift and attends a school or any other city business during his /her regular shift shall be paid for 10 hours at the hourly rate of pay. An employee who is assigned to work an eight -hour shift and attends a school or any other city business during his/her regular shift shall be paid for 8 hours at the hourly rate of pay. ARTICLE 14 SHIFT EXCHANGE Section 1. No employee will be forced to change shifts on a rotation basis. Section 2. Employees shall have the right to exchange shifts temporarily no more than six (6) times per calendar year when the exchange does not interfere with the operation of the Department, and with permission of their respective commanding officers. 14 Section 3. This Article is not intended to curtail the right of staff officers to change the shifts of individual employees insofar as it involves matters of individual work performance. Section 44. Recognizing that zone assignments may require the assessment of a number of factors that may vary depending upon the particular zone involved, the Employer maintains the right to' make all assignments in accordance with its determination of what is in the best Interest of the Department. In making such assignments, consideration shall be given to preferences of employees based upon seniority. Should an employee feel that a misapplication of this provision has occurred, the employee may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee, the union shall forward the complaint to the Chief and the City Manager for their review and information, Section 5. Except in the case of an emergency, or unless operational circumstances require otherwise, job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the Division Commander who is responsible for selection. Notice of vacant positions will be in the form of a staff memorandum or email to all staff officers. Each staff officer will make a reasonable effort to assure that all eligible employees under his/her command are aware of the vacancy. Employees who are interested in a vacant position should contact the appropriate Division Commander in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledge, abilities, training, previous experience, and seniority shall be considered by the Employer. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision has occurred, the employee may file a sworn complaint with the Chief. ARTICLE 15 CLOTHING Section 1. All uniforms, five (5) uniform shirts and five (5) uniform pants, protective clothing or protective devices, hats, jackets, raincoats, and all leather and web gear except holsters and footwear now provided employees shall be furnished without cost to the employees by the Employer. Section 2. If the Employer orders employees to purchase leather and web gear different from what they are wearing as of the effective date of this Agreement, the Employer shall reimburse the employee or supply the leather and web gear. Section 3. The Employer shall repair or replace all uniforms and reasonable personal equipment lost or damaged in the line of duty by employees. Section 4. Each plainclothes employee shall receive a clothing allowance of $67 per month. Section 5. Each employee shall receive a clothing maintenance allowance of $25.00 per month. W Section 6. Each newly appointed employee may submit an advance request in an amount up to $1,800 for the purchase of a new protective/ballistic vest. An employee may submit an advance request in an amount up to $1,800 for the purchase of a new protective/ballistic vest if his/her vest is over five (5) years old. The advance is in the form of an invoice from a vendor evidencing an order placed for a new protective/ballistic vest and an accompanying affidavit. After the effective date of this Agreement, all officers who request an advance under this section for the purchase of a new protective/ballistic vest shall be required to wear the vest when on duty and in uniform, unless exempted by the Chief. Additionally, in special circumstances that may involve officer safety, the Chief reserves the right to require any reimbursed officers, whether plain -clothed on duty or off duty in uniform, to wear their vest while performing police -related duties. ARTICLE 16 LEAVE Section 1. Vacation. A. Full-time regular employees shall accumulate vacation in accordance with the following schedule: Completed Years of Continuous Sworn Service Accumulated Hours Per Pay Period After l Year 3.08 After 5 Years 4.62 After 8 Years 5 After 11 Years 5.5 After 14 Years 6 After 17 Years 6.5 After 20 Years 7 After 23 Years 7.5 After 26 Years 8 After 29 Years 8.5 After 32 Years 9 After 35 Years 9.23 Any employee who is assigned to work a ten-hour shift and is off on vacation leave shall be charged 10 hours of vacation leave. Any employee who is assigned to work an eight -hour shift and is off on vacation leave shall be charged 8 hours of vacation leave. B . Employees with nine (9) years or more continuous sworn service who do not use more than forty (40) hours of sick leave in a calendar year and who work an eight -hour shift, will have eight (8) hours of vacation leave added to their normally accrued vacation leave. Employees with nine (9) years or more continuous sworn service who do not use more than forty (40) hours of sick leave in a calendar year and who work a ten-hour shift, will have ten (10) hours of vacation leave added to their normally accrued vacation leave. 16 C. In computing the length of time during which an employee may be absent from work for vacation, ojhly those calendar days during which the employee would be required to work if the employee were not on vacation shall be counted as vacation days. D. Any employee with more than one (1) year of service as a commissioned police officer with the Department who is separated from service by reason of resignation, death, retirement, or discharge shall be compensated in cash for all accumulated unused vacation hours at the Dourly rate of pay at the time of separation. E. Vacation leave begins to accrue upon employment, but may not be used by all employee until that employee has completed one (1) year of service with the Employer. F. Vacation hours accrued in a calendar year will be available to be used on January I" of the following calendar year. G. An employee shall be able to carry over a maximum of one hundred and sixty (160) hours of vacation leave into the next calendar year. Section 2. Sick Leave. A. Employees shall accrue ten (10) hours of sick leave for each month of service during the calendar year. B. Any employee who is assigned to work a ten-hour shift and is off on sick leave shall be charged 10 hours of sick leave. Any employee who is assigned to work an eight -hour shift and is off on sick leave shall be charged 8 hours of sick leave. C. Any employee incurring a non -duty sickness or disability shall be eligible to use their accrued sick leave with full pay. D. Each employee shall accumulate sick leave from their first day of employment and shall continue to do so as long as they are employed. E. The Employer shall provide injury leaves of absence with full pay for periods of time commensurate with the nature of injuries received while in tine of duty for at least one (1) year, At the expiration of said one (1) year period, the City Council or governing body may extend such injury leave at fill pay, reduced pay, or leave without pay. The Employer shall retain its subrogation rights under existing state law. F. In the event that an employee with two (2) or more years of service for any reason leaves the classified service, they shall receive, in a lump sum payment, the full amount of their salary for the period of accumulated sick leave, provided that such payment shall not be based upon more than seven hundred twenty (720) hours of accumulated sick leave. G. The Chief may not discipline an employee for the legitimate use of sick leave without just cause. 17 Section 3. Death in Family Leave. In the event of a death in the immediate family of an employee, the employee shall be granted up to forty (40) work hours off with pay. Immediate family is defined as the spouse and children of the employee, the mother, father, brother, sister, grandmother and grandfather of the employee or those of the employce's spouse, grandchildren of the employee, stepparents, and any domiciliary residing in the residence of the employee. Section 4. Leave Without Pay. With the permission of the Chief, each employee may be allowed a leave of absence without pay, up to eighteen (18) work weeks. Section 5. Personal Leave. Employees will earn eight (8) hours if they are assigned to all eight (8) hour shift and ten (10) fours if they are assigned to a ten (10) hour shift of personal leave for each calendar quarter of perfect attendance. In reference to personal leave only, use of any sick leave shall constitute non-attendance. The employee may use such leave for ally purpose subject to the advance approval of the employee's commanding officer. The employee may not carry across contract or fiscal years more than forty (40) hours. An employee may not accrue more than sixty (60) hours of personal leave at any given time. Section 6. Family and Medical Leave Act. The Family and Medical Leave Policy set out in the City of Beaumont Policies and Procedures Manual shall apply to employees in the Department. ARTICLE 17 HOLIDAYS Section 1. The following holidays shall be recognized and observed: • New Year's Day • Labor Day • Good Friday • Easter Sunday • Thanksgiving Day • Day after Thanksgiving • Memorial Day • Christmas Day • Independence Day • Veteran's Day • Juneteenth A "floating" holiday is hereby granted to every employee during the fiscal year; scheduling of time off must be approved by the Chief or the Chiefs designee. Holiday pay for employees assigned to work ten-hour shifts is defined as 10 hours pay at the employee's hourly rate of pay. Holiday pay for employees assigned to work eight -hour shifts is defined as 8 hours pay at the employee's hourly rate of pay. 18 Section 2. Any employee who works oil a holiday in a regular tour of duty shall be paid a premium rate of twice the employee's hourly rate of pay ii-i addition to holiday pay. Any employee who takes off or is required to take off oil a holiday that is in a regular tour of duty shall receive eight (8) hours of holiday pay if the employee is assigned to work an eight -hour shift, or ten (10) hours of holiday pay if the employee is assigned to work a ten-hour shift. Section 3. Any employee who is required to work on a holiday not within the employee's regular tour of duty shall be paid at time and one-half the employee's regular rate for that day in addition to hourly pay and in addition to holiday pay. Section 4. If any holiday specified in Article 17, Section 1, of the Agreement is on an employee's regular day off and said employee does not work on said holiday, the employee shall receive eight (8) hours or ten (10) hours off with pay or eight (8) hours or ten (10) hours pay, based on the employee's regular tour of duty. If a holiday specified in Article 17 of the Agreement falls during an employee's vacation, said holiday shall not be charged to said employee's vacation leave. Section 5. The Chief may designate which employees are essential and adjust work schedules during holidays to avoid requiring unneeded personnel having to work during a designated holiday. Section G. The "call back pay" provisions of this Agreement shall not apply to this Article. Section 7. An officer shall not be eligible to receive holiday pay if the officer is on leave without pay or absent without leave. ARTICLE 18 WAGES Section 1. Wages and Rates of Pay. The Employer will adopt the wage schedule attached as Appendix "A" based on continuous years of sworn service, In regard to continuous years of sworn service, the Employer agrees that benefits, wages, rates of pay or leave accrual currently received by an employee hired or rehired prior to the execution of this agreement shall not be reduced. In the event a position of Assistant Chief is created, an officer appointed to the position of Assistant Chief shall be paid no less than ten percent (10%) above a Grade IV with S or more years of service. This provision does not require the Employer to create or maintain the position of Assistant Chief. Section 2. Certification Pay, In addition to the wage rates established by this Agreement, the Employer shall pay premium pay as follows for the following: [a I To the holder of an intermediate certificate issued by the Texas Law Enforcement $50 per Commission on standards and education. month 2 To the holder of an advance certificate (the holder of an advance certificate shall $100 not be entitled to the premium pay of $50.00 per month as the holder of an per intermediate certificate). month 3 To the holder of a master certificate (the holder of a master certificate shall not be $150 entitled to the premium pay of $100,00 per month as the holder of an advanced per certificate), month 4 Licensed breathalyzer operator in patrol (if the employee is engaged as a $50 per breathalyzer operator. No more than 30 employees shall be entitled to premium month pay as breathalyzer operators and no more than 5 employees, who are not already receiving breathalyzer operator premium pay, are entitled to premium pay as a Drug Recognition Experts (DRE) during the term of this Agreement) 5 Licensed polygraph examiner (if actively engaged during the term of this $50 per Agreement as a polygraph operator). month b Any employee qualifying as an expert latent fingerprint witness and who is $40 per assigned to the identification bureau month 7 Field Training Officers and the Field Training Officer (FTO) Sergeants assigned $100 to each patrol shift per month 8 Bilingual officer (must pass proficiency certification and recertify at least every $50 per two [21 years) month Spanish, Vietnamese, or Sign Language Maximum payment is $50 per month 20 Maximum officers for Spanish 5 Maximum officers for Vietnamese or Sign Language 9 SWAT Team Members $25 per month Section 3. Educational Incentive. In lieu of receiving certification pay (1, 2, or 3) in Section 2 above, an employee with a bachelor's degree may elect to receive an educational incentive of $200 per month or $250 per month for a post graduate degree: Section 4. Emergency Management Coordinator and Assistant Emergency Management Coordinator. If the Emergency Management Coordinator and/or the Assistant Emergency Management Coordinator is a police officer, he or she shall be paid an incentive set by the City Manager. Section 5. Supervisory Training Incentive. In addition to the wage rate established by this Agreement, the Employer shall pay a one-time bonus of $750 to any sergeant, lieutenant or captain who successfully completed the Law Enforcement Management Institute of Texas (LEMIT), Southern Police Institute (SPI) or FBI National Academy after October 1, 1997. 20 Section 6. Police Specialist Incentive. Grade I officers with three (3) or more years of continuous sworn service with the Department shall be eligible to compete for advancement to Police Specialist. Police Specialist is not a rank or classification under Chapter 143 or this Agreement, but a non -supervisory position within the Grade I classification and rank designed to recognize employees with superior skills, initiative, education, and knowledge of police work. The Employer shall follow Chapter 143 only in regard to posting a notice of the written examination and a list of any study materials needed to prepare for the examination. The written examination shall be designed to test the knowledge of Grade I officers in such areas as patrol skills, initiative, criminal laws and procedures, preparing reports and related documents, Department rules and regulations, city ordinances and other job -related areas. This written examination is not a "civil service" examination requiring a civil service certification. The written examination shall be based upon a maximum score of one hundred (100) points. A passing score will be seventy percent (70%). Employees in Grade I who are selected to become Police Specialists will receive incentive pay of $200 per month. The Chief may select in his/her discretion any employee who is a Police Specialist to be assigned to or reassigned from the Criminal Investigation Division or Narcotics Division as a criminal investigator. Such assignments as a criminal investigator shall be on a voluntary basis only. Any officer who is designated as a Police Specialist from an eligibility list certified after the effective date of this Agreement may be assigned as a criminal investigator at the discretion of the Chief. Such employees shall not receive Grade II pay. If a vacancy occurs in the Criminal Investigation Division, the Chief may select any applying Grade I officer for the position. The Chief may remove for just cause the Police Specialist designation of any employee who is designated a Police Specialist. The employee may grieve the removal pursuant to Article 9 of this Agreement. Between October 1, 2022 and September 30, 2026, the Employer shall maintain and fill at least thirty-five (35) Police Specialist positions. Seniority points will be added to the written test score for each year of service as a Beaumont police officer up to 10 years to determine a final eligibility score. The eligibility list shall expire after 12 months from the date of the written examination, or when exhausted, whichever occurs first. Any eligibility lists pertaining to this Section created prior to this Agreement and in existence at the time of this Agreement shall be governed by the Collective Bargaining Agreement dated October 1, 2014 through September 30, 2018. Section 7. Direct Deposit. The Employer shall have the right to require that payroll payments to all employees be made by direct bank deposits. 21 ARTICLE 19 SHIFT DIFFERENTIAL Shift differential will be paid as follows: I" Watch $.45 per hour 2" Watch $.00 per hour Td Watch $.25 per hour 4"' Watch $.35 per hour ARTICLE 20 OVERTIME, CALL-BACK AND STAND-BY PAY Section 1. "Hourly rate of pay" shall be an employee's annual salary divided by 2080 hours. Section 2. Overtime Pay. A. All hours worked by an employee in excess of forty (40) hours in a work week shall be deemed overtime and shall be compensated on the basis of time and one -Half the employee's regular rate of pay in salary or compensatory time. Excused absences with pay shall be deemed hours worked. For the purpose of calculating overtime, an employee's regular rate for a particular work week is the sure of (a) the employee's Hourly rate of pay multiplied by all hours worked and (b) the attributable portion of the employee's premium pay (calculated by multiplying the employee's total monthly incentive under this Agreement by 12 montlis and dividing by 52 weeks), divided by the total number of fours worked by the employee during the work week, As overtime pay the employee shall receive an additional one-half of the employee's regular rate for each hour worked in excess of forty (40) hours in a work week. B. No schedules, tours of duty, or days off shall be changed in order specifically to avoid the payment of overtime. C. If an employee performs police duties on off -duty hours, the employee is entitled to overtime compensation at one and one-half the regular rate of pay for time actually spent. An employee shall be entitled to insurance coverage that the employee would have had if on duty at the time. In addition, the employee shall be entitled to any reasonable expenses incurred in performing such duty if approved by the Chief. Should the Chief deny the claim, the employee may grieve pursuant to the Grievance Procedure. This section shall not apply to any employee who receives remuneration of any type from any other employer for performing such duties. This section applies only to inadvertent disruptions of an employee's off duty time. Section 3. Call Back Pay. All employees who are called back to work from off duty steal I be paid at least two (2) hours minimum one and one-half times the regular rate of pay. All hours in excess of two (2) hours shall be paid at one and one-half times the regular rate of pay. 22 Section 4. Stand-by Pay. When an employee is on officially designated stand-by duty and such designation is made at least forty-eight (48) fours prior the commencement of that duty, the employee shall receive one (1) hour of pay (at straight time) for eight (8) hours of duty or any fraction thereof. If the assignment is made within forty-eight (48) hours of the commencement of the duty, the employee shall receive two (2) hours of straight pay for eight (8) hours, or ten (10) hours, respectively, of duty or any fraction thereof. Section 5. Court Time. Any employee not on duty who attends as a witness or in any other capacity in the performance of their duty in a criminal matter or in a civil matter in any case pending in the District Court, Juvenile Court or in a County Court, or before any Grand Jury proceedings or in conferences with the District Attorney or Assistant District Attorney, or at any pretrial conference or any other related hearings, or any proceedings by any City, County, Town, State or federal government or any of the subdivisions or agencies thereof, shall be entitled to two (2) hours minimum overtime compensation at the rate of time and one-half the regular rate of pay. On those occasions when employees are scheduled to work between the hours of 3:00 p.m. to 7:30 a.m., and they are in Court for eight (8) hours the same day, they may, with the permission of their shift commander, notify the Department that they are waiving their court pay and not going to work their shift. Conversely, they may choose to accept the court pay and report for work. This provision shall not apply to those employees who attend court during their regularly scheduled work hours. Section G. Evacuation/Disaster Policy. Unless it creates a lesser benefit, the Employer shall apply the same policy for evacuation/disaster policy for non -sworn employees to sworn police officers. Section 7. Compensatory Time. All employees shall be allowed to accumulate and accrue up to 240 hours of compensatory time in lieu of overtime pay. ARTICLE 21 LONGEVITY PAY In addition to all other monies paid for services rendered) the Employer agrees to pay each employee the sum of lour and No/100 Dollars ($4.00) per month longevity pay for each consecutive year of service in the department up to and including twenty-five (25) years of service. ARTICLE 22 INSURANCE Section 1. The Employer shall provide basic life and accidental death and dismemberment insurance to all employees equal to the employee's annual base salary up to a maximum of $50,000 at no cost to employee. Section 2. Liability Protection, The Employer shall not reduce during the term of this Agreement liability protection as is presently afforded employees by the Employer. In the event that employees are not covered by liability protection when driving prisoners' vehicles, the Employer will not require employees to drive such vehicles. 23 Section 3. Medical Plan. A. Employees shall be offered the same medical insurance plan choices as provided to civilian employees except in -network major medical benefits shall not be less than 80/20 and out of network major medical benefits shall not be less than 70/30, During the term of this Agreement, the City may increase the monthly premium rate of officers by the same percentage increase of the monthly premium rate of non -sworn employees in a plan year, not to exceed twelve -and -one-half percent (12.5%) per plan year. Married couples who are both covered by the city insurance and who have no dependents will not be charged any dependent premium. Married couples with one or more dependents shall be charged only one time for the increase. The Employer shall give notice to the Union at least forty-five (45) calendar days in advance of any cost increase in dependent insurance premiums. The Union shall be entitled to examine all documents, records, statistics, and relevant data used by the Employer to determine a rate increase. B. Employees may utilize the prescription drug plan under the same terms and conditions as civilian employees. Section 4. Retiree Medical Insurance Program. A. During the term of this Agreement, Employer will provide medical coverage for employees and their dependents retiring or becoming disabled after April 1, 1984, subject to the provisions of Sections 4(B) through 4(H) hereof inclusive. B. Employer is authorized to receive from each retiree, as a condition of receiving retiree medical coverage, a signed statement acknowledging that both the contribution rate (premiurn) and hospital/medical coverage of the retiree insurance may change in the future. C. Retired or disabled employees may participate in the program only if they are eligible for retirement or disability benefits under the Texas Municipal Retirement System (TMRS). Only those individuals who are considered eligible dependents of the disabled/retired employee at the time of retirement shall be eligible for continued medical coverage. The disabled/retired employees shall not add or change (except drop a dependent while covered under this medical plan. Any employee who retires or becomes disabled and has a spouse who is employed with the City may become a dependent of the spouse along with other eligible dependents under the Employer's group medical plan. However, the retired or disabled employee shall make application at least thirty-one (31) calendar days prior to the spouse's termination date to the Employer to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provisions of this amendment. Upon 24 retirement, the retiree will be required to complete and sign a "Delayed Participation in Retiree Medical Coverage" form. If a participant's contribution rate status as set out in 4(G) hereof changes, the new rate will be put into effect on the first day of the month following the month in which the contribution rate status change, D. Coverage provided shall be the same as that provided employees. However, if the Employer, the Union and retirees and disabled employees and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided, E. Retired or disabled employees and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. If a participant is not eligible for Medicare, the participant may continue coverage under this medical plan. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of dependent as listed in the summary plan document. F. A participant who would otherwise be required to leave the program herein established as provided by 4(E) above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. Employer will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance. The cost of any such supplemental insurance will be paid for by the participant. G. The participant's monthly contribution rate for medical insurance will be as follows; Single Rate-- $150 Single + I dependent-- $200 Family-- $250 Those participants who retired between the dates of April 1, 1984 and January 31, 1992, shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. H, Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be affected in accordance with this Agreement. The single rate will be established at 69% of the COBRA rate on January I st annually. The single + 1 25 dependent rate will be established at 58% of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 4(E) hereof, eligible spouses and dependents may remain on the plan at the above -established rates. Section 5. Dental Insurance. The Employer shall provide dental insurance coverage through a mutually agreed insurance carrier for each employee at a maximum monthly cost of $35. if the employee elects to add dependents to the dental insurance, the Employer shall pay a maximum monthly cost of $bl for both the employee and eligible dependents. Each employee shall pay any additional cost. The Employer shall deduct the employee's cost from the employee's paycheck. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee or affected family member resulting from the operation of this Section. The Employer shall make payments to the mutually agreed insurance carrier on or before the first day of each month. ARTICLE 23 GENERAL PROVISIONS Section 1. Parking. The Employer shall provide, without cost to employees on duty, adequate parking space adjacent to Police Department facilities. Section 2. Bulletin Boards. The Employer agrees to furnish and install one (1) bulletin board on each of the three (3) floors to be affixed in the first floor hallway, uniform squad assembly room, and detective squad room at the police station to be used by the Union for the following notices: A. Union meetings; B. Union elections; C. Reports of Union committees; D. Rulings or policies of international association; E. Recreational and social affairs of Union. The Union agrees that there shall be no other general distribution, or posting, by the Union or its members upon City property, provided, however, the Chief may permit other material not provided for above at the Chiefs discretion to be posted or distributed. The Union agrees to maintain such bulletin boards in a neat and orderly manner. The Association shall be allowed to utilize Department email to disseminate bulletin board information under the same rules and regulations as adopted for bulletin boards. 09 Section 3. Mileage Allowance. Employees required to use their private automobiles for duly authorized Department business shall be compensated at the current Employer rate, If an increase is given to other City employees during the term of this Agreement, the rate stated herein shall be increased accordingly. Section 4. Residency. Residency shall not be a condition of employment for employees; each employee must be a legal resident of the United States and reside within its boundaries. Section S. Safety Program. In the best interest of the Department and to promote the safety of the employees, patrol cars may be manned by two (2) officers during periods of high criminal activity and high crime areas. Whenever one (1) officer units are in use, the Employer will use its best efforts to maintain sufficient staffing to provide for employees' safety, Section G. Retirement Incentive. During the term of this Agreement, the Employer may offer a retirement incentive program with the mutual consent of the Union. This shall in no way be construed as a reopening of this Agreement. Section 7. The Civil Service Commission. The Commission shall consist of three members appointed by the municipality's chief executive and confirmed by governing body of the municipality. The three members shall serve staggered three-year terms with the terms of one member expiring each year. If a vacancy occurs or if an appointee fails to qualify within 10 days after the date of appointment, the chief executive shall appoint a person to serve for the remainder Of the unexpired term in the same manner as the original appointment. ARTICLE 24 CIVIL SERVICE In the event that any provision of this Agreement conflicts or is inconsistent with any provision of Chapter I43 of the Local Government Code, this Agreement shall prevail notwithstanding any such provision of the Local Government Code. It is understood by the parties hereto that Section 143.013 of the Local Government Code relating to civil service rights of the Chief shall in no way be affected by the terms of this Agreement, ARTICLE 25 SELECTION/REHIRE Section 1. Entry Level Selection. The Union agrees that the Employer shall have the right to establish selection procedures for Grade I police officers. Modifications in existing selection procedures shall be brought to the attention of the Union ten (10) days prior to implementation. In establishing a selection procedure for Grade I, the Employer shall not be bound by or subject to the provisions of Chapter 143 of the Local Government Code, Section 2. Rehire of Former Officers. The City, at its option, may rehire former Beaumont police officers who separated from the Department in good standing, The City may rehire an officer at the pay grade that accords with his/her years of service at the time of separation. However, the following conditions will apply to the rehired officer: 27 • The officer will serve a new probationary period of 12 months. • The officer will not be accorded his/her previous seniority or promotions, if any. • The officer will accrue leave at the same rate that accords with his/her years of service at the time of separation. • The officer will earn longevity pay at the same rate that accords with his/her years of service at the time of separation. Section 3. Modified Hiring Process for Lateral Entry Officers ("LEOs") The Employer and the Union shall mutually agree to establish in writing the requirements for applicants for lateral hiring from other law enforcement agencies. The requirements need not be the same as those established by Chapter 143 or those applicable to applicants for the position of recruit in the regular training academy. The requirements shall include at least the following at the time of employment; be actively employed as a full-time paid law enforcement officer with a nnInicipai, county or state law enforcement agency or have been an actively employed as a full-time paid law enforcement officer with a municipal, county or state law enforcement agency in the proceeding 18 months; have a valid TCOLE law enforcement license or be able to obtain a TCOLE law enforcement license prior to employment; and have obtained a high school diploma, or a GED. The Employer at its sole discretion shall evaluate the applicant's years of service with his/her previous agency and make a determination as to its relevancy to Beaumont officers who have similar years of service. The Employer may offer the applicant a starting Grade 1 pay step equal to or less than the applicant's years of service at his/her previous agency but not to exceed 10 years. A Lateral Officer placed in a Grade 1 pay step shall advance to the next pay step, if any, with similarly situated officers with same years of set -vice at BPD. The following conditions will apply to the Lateral Officer: • The Lateral Officer will not be accorded his/her previous seniority or promotions, if any at his/her previous law enforcement agency. • A Lateral Officer will accrue leave pursuant to this Agreement at the same rate as a newly fired officer. • A Lateral Officer will earn longevity pay, pursuant to this Agreement at the same rate as a newly hired officer. • A Lateral Officer shall serve a one-year probationary period in accordance with Articlel0. Section 4. Signing and Retention Bonus. (a) To assist with recruitment nothing in this Agreement shall prohibit the Employer from offering a signing bonus to applicants. 28 (b) To assist with retention of officers, nothing in this Agreement shall prohibit the Employer and Union from mutually agreeing in writing to offer a retention bonus to officers. Section 5. Referral Incentive. Nothing in this Agreement shall prohibit the Employer from paying a referral incentive of at least five hundred dollars ($500.00) to existing officers for each individual referral for both initial and lateral hires if the individual in hired as a Beaumont officer, as long as any such incentive is applied equally to all officers. ARTICLE 26 COPIES OF AGREEMENT The Employer agrees to furnish a copy of this Agreement to the Union President. ARTICLE 27 STABILITY OF AGREEMENT No agreement, understanding, alteration or variation of this Agreement, shall bind the parties unless made and executed in writing by the parties hereto. The failure of the Employer or the Union to insist in any one or more instance, upon performance of any of the terms or conditions of this Agreement, shall not be considered as a waiver or relinquishment of the right of the Employer or the Union to future performance of any such term or condition, and the obligations of the Employer and the Union to such future performance shall continue in full force and effect. ARTICLE 28 POLICE OFFICERS' BILL OF RIGHTS In the event of a complaint filed with Internal Affairs concerning the conduct of an employee, this Bill of Rights shall serve as the basic guideline to offer protection to the employee. Every employee shall be required to cooperate in any investigation regarding complaints of employee misconduct arising from citizen complaints. Section 1. Procedures. A. The interrogation shall be conducted at a reasonable hour. B. The interrogation should take place at the Department when possible. C. The employee under interrogation shall be informed of the names of the persons present during interrogation. D. All questions directed to the employee under interrogation shall be asked in an orderly fashion. 29 E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such necessities and rest periods as reasonably necessary, If the employee under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he/she shall be informed of his/her rights prior to the commencement of the interrogation. F. The Chief or the Chiefs designee may employ as an investigative aid a polygraph examination from licensed polygraph examiners who are not employed by the Employer nor any public employer. This Agreement shall not preclude the use of polygraph examination results as evidence in a disciplinary proceeding. The Department shall require the complaining citizen to first submit to a polygraph examination before requiring the employee to submit to a polygraph examination. Nothing herein prohibits the Chief from ordering an employee to submit to a polygraph examination where there is no complaining citizen. This Agreement shall not preclude the admission of such information as evidence in a disciplinary proceeding, H. The Chief or the Chiefs designee shall use the polygraph examination in a fair and reasonable manner. I. The refusal of the employee to answer all questions fully and truthfully and to submit reports shall be grounds for disciplinary action. J. An employee may have a Union representative with there as all observer only so long as the representative does not delay or impede the investigation. The observer may not relay any information obtained as a representative to any third person except to a lawyer retained by the employee to represent there in the grievance. Section 2, Disclosure. No employee shall be required or requested to disclose any item of property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his/tier family or household) unless required by law, Nothing in this section shall be construed to prohibit the Chief or the Chiefs designee from requiring that employees submit requests for approval of off -duty Section 3. Rules and Regulations. If the investigation or interrogation of the employee results in any disciplinary action, the Employer shall follow the Department's Rules and Regulations. Effective upon effective date of this Agreement and subject to the Records Retention Act, only sustained formal complaints filed after the effective date of this Agreement shall be retained by the Employer in the employee's personnel file and Internal Affairs file. ARTICLE 29 IMPASSE PROCEDURE Section 1. In the event that an impasse, as defined in Chapter 174, Local Government Code (herein referred to as the "Act"), is reached in the collective bargaining process after submission of the unresolved issues to mediation under Section 174.151 of the 44 Act, either party to the dispute, after written notice to the other party containing specifications of the issues in dispute, may request appointment of a fact finder as provided herein; provided, 30 However, a party shall not request a fact finding more than once during any fiscal year. Prior to involving fact finding, the parties shall matte every reasonable effort to settle their differences. The request for fact-finding shall be initiated within seven (7) calendar days following the expiration of the sixty (60) calendar day pre -impasse period or within seven (7) calendar days of any agreed extension thereof. The members of the fact-finding panel shall be appointed in the manner provided in Section 174.154 of the Act for an arbitration panel. Section 2. The parties shall enter into a written agreement specifying the issues to be submitted to fact finding. Each party may submit an unlimited number of issues to the fact finding panel; provided, however, that all economic issues (i.e., those issues involving cost or expense to the Employer) shall be combined into a "total economic package" and shall be submitted as a single issue. Non -economic issues may be submitted separately. Each party shall submit in writing to the fact finders its position on each issue at or prior to the hearing. Section 3. The fact finding panel shall, acting through its chairperson, call a hearing to be held within a reasonable time after appointment of the chair, and shall give the parties at least fifteen (15) calendar days notice in writing of the time and place of such hearing. The hearing shall be informal. After hearing all evidence offered by the parties, the panel shall render a written decision malting findings of fact and recommendations as to all matters in dispute. In its written decision, the panel shall state its reasons for its finding of fact and recommendations. In malting such findings and recommendations, the panel shall select the final position of one of the parties on each issue presented and shall not attempt to "split the difference." Section 4. In making its findings of fact and recommendations, the panel shall consider only the following: A. The total compensation, including wages and benefits, and conditions of employment provided by the Employer to members of the bargaining unit. B. The total compensation and terms and conditions of employment of police officers employed by Texas cities with populations between 75,000 and 150,000 according to the 2010 Federal decennial census. C. The rate of increase or decrease in the cost of living for the Houston area determined by the Consumer Price Index for the period beginning with the effective date of the current contract and ending with the most recent published report at the time of the commencement of the hearing. D. The revenues available to the Employer and the demands upon such revenues. E. Any current Federal policies or guidelines concerning wages and other compensation. F. Labor agreements from the Texas cities defined by "B" above. Section 5. The fee and expenses, including stenographic charges, of the neutral fact finder shall be split equally between the Employer and the Union. All other expenses, including copies 31 of transcripts, witness fees, and fees and expenses of the member of the panel appointed by each party, shall be paid by the party incurring the expense. Section G. The findings and recommendations of the fact finder shall not be made public for fifteen (I5) calendar days, unless extended by mutual agreement in writing. Once the findings and recommendations are released to the public; the parties shall have seven (7) calendar days to either accept or reject the findings and recommendations. Section 7. In the event that either party rejects one or more recommendations of the fact finding panel, the rejected party may request submission of each rejected recommendation to a referendum; provided, however, that neither party may request submission to referendum of more than three (3) non -economic issues. If either party requests a referendum hereunder, it shall be the duty of the City Council to call such referendum at the earliest date permitted by law. The cost to the Employer of conducting the referendum shall be borne on a pro rata basis based on issues by the party or parties requesting that the issues be submitted to referendum. The City Clerk's determination of the cost of the election shall be conclusive. Each issue shall be submitted separately on the ballot and the voters shall cast their ballots "for" or "against" the position of the party rejecting the fact-finding panel's recommendation. The results of the referendum shall be binding on the parties. The conduct of the election shall be handled in an efficient manner. ARTICLE 30 IIETIREMENT The Employer agrees not to decrease the matching ratio or any other benefit under the Texas Municipal Retirement System (TMRS) during the term of this Agreement. The Employer agrees to maintain the CPI annuity at no less than seventy percent (70%). ARTICLE 31 DURATION OF AGREEMENT This Agreement shall be effective upon execution by both parties and shall remain in full force and effect until the 30th day of September, 2026. This Agreement shall continue in effect after September 30, 2026, until superseded by a new agreement; provided that, unless agreed to in writing by the parties, this Agreement shall not continue in effect after September 30, 2027. The City presently intends to continue this Agreement each fiscal year through the end of its term, to pay all payments due, and to fully and promptly perform all of the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available therefor and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. 32 The Employer agrees that all base rate pay increases shall be effective as of October 1, 2022. All other benefits outlined in this Agreement shall take effect at the time of execution. ARTICLE 32 SAVINGS CLAUSE Should any provision of the Agreement or any supplement thereto be held invalid by any court or tribunal of competent jurisdiction, or if compliance with or enforcement of any such provisions of the Agreement and any supplement thereto should be restrained by any court, all other provisions of the Agreement and any amendment thereto shall remain in force and the parties shall negotiate immediately for a satisfactory replacement for any such provision. IN WITNESS WHEREOF, the Beaumont Police Officers Association has Caused this Agreement to be signed by its President, by order of its membership, and the City of Beaumont has caused this Agreement to be signed by its City Manager on the _ day of , 2022. BEAUMONT POLICE OFFICERS CITY OF BEAUMONT ASSOCIATION MR President Witness By: 33 City Manager Witness APPENDIX A ARTICLE 18 - SCHEDULE OF WAGES 10/01/2022 10/01/2023 10/01/2024 10/01/2025 GRADE I - POLICE OFFICER Start mm- 2 5,733 6,008 6,200 6,388 2-3 5,900 6,183 6,383 6,573 3-4 6,125 6,354 6,558 6,758 4-5 6,313 6,604 6,910 7,127 5-8 6,567 6,883 7,100 7,323 8-10 6,733 7,033 7,275 7,500 10-12 7,125 7,371 7,798 8,154 12-15 7,167 7,417 7,798 8,154 15-20 7,279 7,500 7,798 8,154 20+ 7,308 7,533 7,798 8,154 GRADE II - SERGEANT 0-5 8,083 8,366 8,659 8,962 5+ 8,588 8,888 9,200 9,521 GRADE III - LIEUTENANT 0+ 9,333 9,660 9,998 10,348 GRADE IV - CAPTAIN 0+ 10,083 10,436 10,802 11,180 34 October 25, 2022 Consider a resolution approving the purchase of switchgear, switchboard, and transformer for the Loeb Ground Water Facility ElEAUMONT TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kenneth R. Williams, City Manager Todd Simoneaux, Chief Financial Officer October 25, 2022 Council consider a resolution for the purchase of switchgear, switchboard, and transformer for the Loeb Ground Water Facility BACKGROUND Hurricane Harvey inflicted severe damage to the Loeb Groundwater treatment system. A new switchgear, switchboard, and transformer will need to be purchased to restore the plant functionality and upgrade the system for improved operations. Once installed, the overall project will improve versatility and operability of the four high service pumps at the facility. Formal bids were requested for the purchase of the equipment from nine (9) vendor's and one response was received. Gulf Coast Electric Company Inc. of Beaumont responded with a total bid amount of $800,000 to supply the equipment. Staff reconu-nends award of the contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund and FEMA RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, nine (9) bids were solicited and one (1) response was received for a contract, to provide new replacement equipment as follows one (1) switchgear, one (1) switchboard, and one (1) transformer for the Loeb Ground Water Facility; and, WHEREAS, Gulf Coast Electric Company, Inc., of Beaumont, Texas, submitted a bid in the amount of $800,000.00 as shown in Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas, is the responsible bidder providing services at the best value to the City and should be accepted; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas, to replace equipment for the Loeb Ground Water Facility in the amount of $800,000.00 as shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast Electric Company, Inc., of Beaumont, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2022. Mayor Robin Mouton - � q % / § 48 k t q q � k ƒ n 0 F 7 \ � e Z / \ 3 k = z \ ¥ \ \ ® G $ e C. �LL \ i § E E \ ƒ 2 / o 2 § a a m O CD d 3 � d dCD x 00 q R § q % q k co 0 n \ \ k § 2 m co 7 2 § d 2 2 61� / J k ( \ cn k �\ �� § k §\ §\ 2 2 I E \ \ \ ( 0 ( 13 C@ C� 0� § 2 § R R 2 ■ [ \\ 0,2 0 u 4) t J ƒ F- d � � Q 2 w m m 0 q_ W — k k \ > U R p � m_ TZ W pbq.j October 25, 2022 Consider authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MSd) Permit for the City of Beaumont for Fiscal Year 2023 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 25, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2023. On October 16, 2012, by Resolution No. 12-249, City Council awarded CDM Smith, Inc., of Houston, an agreement for Professional Engineering Services to manage the City's MS4 Permit. The manager of the permit conducts dry and wet weather screenings of our major drainage outfalls in the City. Under the permit, the City is required to submit an annual report surnmarizing compliance activities, results of the screenings, and other inspections conducted throughout the year which CDM Smith, Inc., has successfully completed on the City's behalf since 2012. The agreement includes implementation of the stormwater management plan that details how the City and Jefferson County Drainage District #6 will comply with the MS4 permit, If approved, the total services and expenses shall not exceed $250,000,00 without the City's prior written authorization. FUNDING SOURCE General Fund — Public Works Department. RECOMMENDATION Approval of the resolution. BEAUMONT TEXAS ATTACHMENT "A." SCHEDULE OF HOURLY RATES AND EXPENSES FY 2023 MS4 Permit Support Services Attachment "A" Schedule of Hourly Billing Rates CDM Smith Schedule of hourly Billing Rates October 1, 2022 through September 30, 2023 Hourly Rates Clerical $90.00 Staff Support Services $110.00 Senior Support Services $145.00 Technical / Professional Services: Technician 1 $110.00 Technician 11 $135.00 Professional 1 $120.00 Professional 11 $130.00 Professional 111 $150.00 Professional IV $150.00 Professional V $170.00 Senior Professional $185.00 Principal/Associate/Senior Technical $235.00 Specialist Vice President/ Senior Vice President / $300.00 Officer/ Senior Techn€cal Consultant Monthly invoices will be generated using the above billing rates and field investigation unit rates. All subconsultant expenses are subject to handling / administrative charge of .10%. Other project related expenses (ODCs) are also subject to a 1 O°e administrative surcharge. FY 2023 IVS4 Permit Support Services A-1 �b City �� Engineer BEAUMONT TEXAS ATTACHMENT "B" LEVEL OF EFFORT BREAKDOWN FY 2023 MS4 Permit Support Services Attachment "B" Level of Effort Breakdown Project Management 95 $18,540 Project Planning and Coordination Meetings 125 $23,380 Monitoring (includes $60,000 for Chica for field work assistance and $10,000 857 $100,265 for Envirodyne for lab services) MSGP Annual Compliance Inspections and Renewal 40 $6,480 Annual Report 208 $30,975 Stormwater Management Program implementation (includes $5,000 for 2$3 $55,460 Seagull) Inspection Services 98 $15,000 Total 1,706 $250,000 PY 2023 MS4 Permit Support Services B-1 City WEngineer RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Engineering Services Agreement with CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $250,000.00 to manage the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described permit. 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 25th day of October, 2022. - Mayor Robin Mouton - BEAUMONT TEXAS ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF BEAUMONT AGREEMENT FOR )Engineering and Related Services for CITY OF BEAUMONT Municipal Separate Storm Sewer System Permit (Permit Year 2023) SECTION l This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and CDM Smith Inc., duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for the Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. I. General A. Detailed Project Description The Engineer will manage the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont. The Engineer will conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenings, and Industrial monitoring. The Engineer will prepare and submit an Annual Report to the TCEQ and EPA. The Engineer will conduct employee training at City departments and provide SWMP implementation activities for Best Management Practices (BMPs). The Engineer will assist the City on Industrial facility inspections and construction site audits when needed. The Engineer shall perform SWMP implementation activities for BMPs and review implementation priorities as requested by the City. Engineer will perform other duties as specifically included in the MS4 Permit. B. Time of performance for this contract coincides with Fiscal Year 2023 (October 1, 2022 through September 30, 2023). The Engineer shall not commence work on this proposed Project until lie has been notified in writing to proceed. FY2023MS4 Permit support services City%IV Engineer EXHIBIT "fit„ BEAUMONT TEXAS The Engineer, in consideration for the compensation herein provided, shall render all professional services, including any associated subconsultants, necessary for the development of the Project to completion, as provided in this Agreement. 11. Basic Services Engineer shall provide the following Basic Services: A. Meet with the City to determine SWMP implementation priorities and the schedule for project. B. Conduct all required monitoring, 1. Representative monitoring. a. Prepare for sampling events, including procurement and maintenance of sampling equipment as required by the City. b. Collect composite samples during three seasonal events at five locations. c. Submit samples to appropriate laboratory including sample preservation, chain of custody, and sample volume calculations based on flow estimates developed using DD6 stage measurements. d. Analyze laboratory data and compile DMR forms for data submission to the TCEQ/EPA via the MS4 Annual Report. e. Inform the City of any problems with associated collections and methods to resolve problems. f. Representative monitoring will be conducted three times per year at the, five locations as required by the Permit. 2. Dry weather screening, a. Meet with City to define priorities for outfall locations for screening. It is estimated that 120 dry weather screenings will be conducted as part of the dry weather monitoring task. b. Conduct onsite test kit analysis of dry weather flows as per project standard operating procedures. c. Report potential illicit discharges and track elimination efforts as per project standard operating procedures, including the creation of a potential illicit discharge memorandum. d. Review and confirm previously identified outfalls, e. Develop drainage area delineations for outfalls as requested by the City. f. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 3. Wet weather screening. a. Identify and field investigate wet weather screening locations, FY 2023 NIS4 Permit support services 2 City 46Engineer T E X A 5 b. Field sample collections and test kit analysis, c, Report of potential illicit discharges and track elimination efforts, d. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. e. It is estimated the Engineer will conduct 20 wet weather screenings throughout the permit year. 4. Landfill Multi -Sector General Permit (MSGP) monitoring (conducted during wet weather screenings as required by MSGP). a. Laboratory sample collection and preservation. b. Laboratory submission and chain of custody documentation. c. Inform the City of results and any problems with associated industrial screenings or discharges. d. During one of the three representative monitoring sampling activities Engineer will perform landfill sample collection. e. Assist in investigation of any problems with associated industrial screenings or discharges to the requirements of the MSGP. S. Maintain database and GIS map for tracking major outfalls inventory. a. Update database with results from this permit year outfall inventory (100 outfalls). b. Identify any duplicates related to the estimated 100 outfalls inventoried during the permit year and update the database accordingly. c, Provide updated database and status report to the City on a quarterly basis. C. MSGP Annual Comprehensive Inspections and Renewal 1. Perform annual comprehensive inspections for the following City facilities: a. Beaumont Municipal Landfill b. Beaumont Municipal Wastewater Treatment Plant c. Beaumont Municipal Airport d. Beaumont Municipal Transit 2. Complete site review and updates to Stormwater Pollution Prevention Plans (SWPPPs) for all 4 sites based on annual comprehensive inspection. 3. Update Site maps as necessary based on annual comprehensive inspection. 4. Certification of No non-stormwater discharges and review of site outfalls. D. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data requests to assess compliance, 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement. Data and report to include metrics from the previous year as well as new metrics for the approved SWMP. FY 2023 MS4 Permit Support Services 3 City PLI" Engineer TEXAS 3. Provide Draft of annual report to City staff by January 15, 2023. 4. Submit MS4 Annual Report to TCEQ by February 1, 2023, E. Storm Water Management Program Implementation. I . Provide materials for department MS4 training, 2. Conduct employee training for City departments. It is expected that training will be conducted in conjunction with the SWMP requirements workshops. 3. Maintain quarterly tracking spreadsheets for annual reporting. 4. Assist the City in development of new SWMP programs, procedures and educational materials as required by the new permit and TCEQ approved SWMP within the contract upper limit. 5. Update SWMP with new Total Maximum Daily Load (TMDL) language and refined metrics per the workshop outputs. 6. Provide on call support as requested by the City within the contract upper limit which may include the following activities (assumed up to 48 hours): a. Update guidance documents, inspection forms and outreach materials. b. TMDL Program support to monitor and develop action plan and procedures. c. Support the City in updating the industrial facility inspection tracking system. d. Other relevant SWMP implementation technical guidance. F. Inspection Services. 1. Industrial Facility Inspections. As requested by City, one engineer will attend industrial inspections with City inspector and assist in: a. Preparation and initial facility research. b. Facility compliance records review. c. Review facility benchmark monitoring records and record information into centralized tracking spreadsheet. d. Facility walk-through and inspection report completion. e. Review correspondence with industrial facility. f Implementation of associated enforcement actions and related correspondence. g. Engineer has estimated to assist the City in inspection of up to 10 industrial facilities, 2. Provide on call industrial facility documentation review and correspondence including assistance in review of SWPPP materials and analytical results from industrial sites (assumed up to 22 hours). 3. Industrial Facility Inspection Training as requested by City. a. Provide industrial inspection training materials. b. Support the city in the updating the industrial facility inspection tracking system as requested by the City. III. Special Services (not applicable to this agreement) FY 2023 MS4 Permit Support Services 4 City * Engineer BEAUMONT TEXAS IV, Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, standby waiting time, preparation of engineering data and reports or depositions and consulting with the City or its attorney. B. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings not included in Attachment "B". C. Any revisions of previously approved work, D. Any travel and subsistence to points other than Engineer's or City's Offices and Project site, E. Preparation of exhibits. F. Additional services due to significant changes in scope of Project or its design including but not limited to changes in size, complexity, or character of construction as agreed to by both parties. These tasks may be authorized at the direction of the Public Works Director. G. Providing services after issuance of Letter of Acceptance from the City, V. Coordination A, The Engineer shall hold monthly conferences with the Public Works Director, hereinafter termed "Director", or their representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and designing the project all existing plans, snaps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. FY 2023 MS4 Permit Support Services 5 City � Engineer TEXAS C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect (error or omission) in the Engineer's services or any development that affects the scope or tinning of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the life unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. VI. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections 1I, III, and IV. B. Basic and Special Services The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment "A" The Engineer agrees that the total services and expenses shall not exceed $250,000 without the City's prior written authorization. The level of effort for Basic Services described in Section II is based on the estimated hours and fee for each task documented in Attachment "13". The expected LOE of effort for subcontractor activities including monitoring field work support, laboratory services, and supplemental support are $60,000, $10,000, and up to $5,000 respectively as noted in Attachment "B". FY 2€123 MS4 Permit Support Services 6 City t �'l� Engineer BEAUMONT TEXAS C. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the standard hourly rates and expenses as shown in Attachment A and shall not exceed an amount to be determined at the time the Additional Services are requested. VII. City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: 1. One -hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. C. The City reserves the right to make an audit of charges claimed for this contract for VIII. Revisions to Drawings and Specifications (not applicable to this agreement) The Engineer shall snake, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. IX. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re- use without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. X. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance FY 2023 MS4 Permit Support Services 7 City l /_ Engineer BEAUMONT TEXAS of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement, As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the set -vice actually performed under this Agreement is applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Engineer to co►reply with the Submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement, XI. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XII. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. XIII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIV. Indemnification/Liability The Engineer shall save and hold harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees and for which the Engineer is found to be legally liable. FY 2023 Ms4 Permit suppoil services 8 City Engineer BEAUMONT TEXAS The Engineer shall, within one week after signing the contract and before any work shall start, furnish the city with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident / $1,000,000.00 per occurrence. These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. XV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by hire. XVI. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVII. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. FY 2023 MS4 Permit Support Services 9 City )! " Engineer BEAUMONT TEXAS SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Jason Venier thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this CDM SMITH INC, By: Client Service Leader Attest: day of , A.D. 2022. CITY OF BEAUMONT By: City Manager Attest: FY 2023 MS4 Permit Support Services 10 City W- Engineer