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Home My WebLink About04/30/2024 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, APRIL 30, 2024 5:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1–9 (or any other topic). Items 10 & 11 have already been heard in a Public Hearing therefore, citizens cannot speak on those items. 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. Council to consider approving the April 16, 2024, City Council meeting minutes. B. Council consider a resolution approving the six (6) month contract for the purchase of Liquid Chlorine for use by the Water Utilities Department. C. Council consider a resolution approving the six (6) month contract to provide bulk automotive lubricants for use in City vehicles and equipment. D. Council consider a resolution approving the replacement of the Police interview room equipment with Axon interview room equipment from Axon Enterprise, Inc. of Scottsdale, AZ in the amount of $67,107.21 paid over five years. E. Council consider a resolution approving a contract for towing and impounding services of uninsured vehicles for use by the Police Department. F. Council consider a resolution changing authorized signatories for the City of Beaumont’s Transit System Clearing Account held at Stellar Bank. G. Council consider a resolution approving an annual contract to provide and service refuse containers at various City facilities. H. Council consider a resolution approving a contract for the publication of legal notices to be used by various City Departments. I. Council consider a resolution authorizing the settlement of the claim of Manely Cordero. J. Approve a temporary waiver of Chapter 14.04.009 to allow alcohol to be served at Beaumont Municipal Tennis Center during a fundraising event on May 3, 2024, through May 5, 2024 REGULAR AGENDA 1. Council consider a resolution authorizing the City Manager to execute Final Change Order No. 2 to the contract with Gulf Coast, a CRH Company, for the Street Preservation City Wide – Phase 1 Project. 2. Council consider a resolution authorizing the City Manager to approve Change Order No. 2 for the second phase of the 2020 HSIP Interconnect Signals Project – Calder Avenue, E. Lucas Drive, and Washington Blvd. 3. Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets. 4. Council consider a resolution approving the repair of a pump for Lawson’s Pump Station. 5. Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to MK Constructors for the Jefferson Street Infrastructure Repair Project. 6. Council consider a resolution authorizing the City Manager to award a contract to TRP Construction Group, LLC, of Haltom City, Texas, for the Citywide Pavement Markings – Phase III Project. 7. Council consider a resolution authorizing the City Manager to execute Change Order No. 1, to the contract with Grant Mackay for the Demolition of two (2) structures at the AT&T Building. 8. Council consider a resolution authorizing the City Manager to award a contract to Eastex Utility Construction, LLC, of Beaumont, for the Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Project. 9. Council consider a resolution authorizing the publication of a notice of intention to issue Certificates of Obligation in an amount not to exceed $12 Million. 10. Council consider a request for a Rezoning from RM-H (Residential Multiple Family- Highest Density) District to PD (Port Development) District for blocks surrounded by Buford, Port, Lamar, Herring, Stewart and Leiper Streets, including lots approximately 160’ south of Lamar Street southern right-of-way boundary line. 11. Council consider a request for a Specific Use Permit to allow two (2) duplexes within the RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2490 Liberty Avenue. WORK SESSION Work Session to discuss Traffic Calming and a proposed Residential Traffic Calming Program. COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: April 30, 2024 REQUESTED ACTION: Council to consider approving the April 16, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - April 16, 2024 Minutes – April 16, 2024 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III APRIL 16, 2024 Chris Durio, Ward IV 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 April 16, 2024, 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 – Communication Update  TxDOT Presentation on Status of Construction Projects within Beaumont  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-7. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Reverend Jeremy Wester with First United Methodist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “Administrative Professionals Day” – April 24, 2024 – Accepting; Alice Moore with Moore Business Services “National Sexual Assault Awareness Month” – April, 2024 – Accepting; Ruby Leday with the Rape and Suicide Crisis Center “National Crime Victims’ Week” – April 21-27, 2024 – Accepting; Misty Carver with Jefferson County Victims Assistance Center, Program Director  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-7. (or any other topic). Minutes – April 16, 2024 (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Reginald Keller 2295 Angelina Beaumont TX Sharon Klarney 2320 Angelina Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Addie Allen 9695 Gross Beaumont TX Demetria Holloway 4835 Concord Beaumont TX 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. Council to consider approving the April 2, 2024, City Council meeting minutes. B. Council to consider a resolution approving the renewal of an annual support agreement with Creative Switching Designs, Inc. of Brookshire, TX for the City’s phone system – Resolution 24-089 C. Council to consider a resolution authorizing the acceptance of a ten-feet (10’) Exclusive Water Line Easement – Resolution 24-090 D. Council to consider a resolution authorizing the granting of an eighteen-feet (18’) Utility Easement to Entergy Texas, Inc. – Resolution 24-091 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving the purchase of a replacement for the City's Mitel phone system from Creative Switching Designs, Inc. of Brookshire, TX. The city presently relies on Mitel Connect for its phone system across various City Departments. However, the existing software and hardware have reached the end of their operational life and necessitate an upgrade to Mitel Business. Minutes – April 16, 2024 The upgraded system will retain all the features of the current one while incorporating new capabilities such as phone line recording, Contact Center integration, compatibility with O365, and updated phone equipment. Furthermore, the new system will enable additional functionality for licensed users, including the ability to remotely access their office phone via a mobile app. This enhancement will be particularly advantageous for employees who regularly work in the field or have been authorized for remote work. The cost of the project will be $487,370.83 and was budgeted for the fiscal year 2024. The purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to maintain the Mitel infrastructure. Funds will come from the Capital Reserve and General Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF A REPLACEMENT FOR THE CITY’S MITEL PHONE SYSTEM FROM CREATIVE SWITCHING DESIGNS, INC., OF BROOKSHIRE, TEXAS IN THE AMOUNT OF $487,370.83. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-092 2. Council to consider a resolution authorizing the purchase of one (1) Effluent Pump Replacement at the Wastewater Treatment Plant. There are currently four (4) Effluent Pumps (#2, #3, #4, and #6) in operation at the Wetland Pump Station. Following the nutrient removal, as part of the final stage of treatment, the Wetland pumps move water from eight (8) constructed treatment cells to the natural Wetland. During normal operations the Wetland has two (2) of the four (4) pumps operating with the remaining pumps as backup for alternating the equipment to reduce wear, backup in the event of repairs, and for periods of increased storm water flow. In emergencies such as a hurricane or tropical storm, all four (4) pumps are used to meet the City's sewage needs. The current Effluent Pump #3 was rebuilt in 2015, and routine maintenance through the years has discovered a considerable amount of rust and wear, and replacement before failure is recommended. City staff has obtained three (3) quotes and upon review recommends purchasing from Coastal Pump Services, Inc., of Manvel, Texas. The total pricing for one (1) Lo-Lift vertical mixed flow pump and motor is $162,741.00. The delivery time is estimated to be between 12-14 weeks after the order is received. Funds will come from the Water Revenue Bonds. Minutes – April 16, 2024 Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF ONE (1) EFFLUENT PUMP REPLACEMENT AT THE WASTEWATER TREATMENT PLANT FROM COASTAL PUMP SERVICES, INC., OF MANVEL, TEXAS, IN THE AMOUNT OF $162,741.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-093 3. Council to consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with ALLCO, LLC, for the Street Rehabilitation Citywide - Phase V (REBID) Project. On November 7, 2023, by Resolution No. 23-338, the City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide – Phase V (REBID) Project. Proposed Change Order No. 1, in the amount of $150,836.75, is needed to add items for Rusk Street, and to adjust quantities for both Masterson Drive and Potter Drive. Change Order No. 1 will add items to remove and replace damaged or collapsed storm sewer infrastructure on Rusk Street that was discovered after the asphalt was milled off of the road. Concrete pavement and curb repairs will be required at the intersection of Rusk Street and 6th Street where most of the storm sewer infrastructure repairs will be performed. 60 additional days will be added to the contract for the additional work on Rusk Street. Additionally, the scope of work for both Masterson Drive and Potter Drive will change from milling and ASB repairs to full depth reclamation. No additional days will be added to the contract for the change in work for both Masterson Drive and Potter Drive. If approved, Change Order No. 1 will result in a new contract amount of $6,998,350.75. Funding will come from the Certificates of Obligation. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $150,836.75 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $6,998,350.75 FOR THE STREET REHABILITATION CITYWIDE-PHASE V (REBID) PROJECT; AND THAT ADDING AN ADDITIONAL SIXTY (60) CALENDAR DAYS TO THE CONTRACT IS NECESSARY TO ACCOMMODATE FOR THE COMPLETION OF THE WORK. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD Minutes – April 16, 2024 NAYS: NONE MOTION PASSED RESOLUTION 24-094 4. Council to consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with ALLCO LLC, of Beaumont, for the 48-Inch Pine Street Raw Water Line Project. On July 18, 2023, by Resolution No. 23-193, the City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $29,191,513.63. Previous Change Order Nos. 1 – 2 are in the amount of ($8,957,185.65). Proposed Change Order No. 3, in the amount of $57,744, is requested to relocate an existing 10-inch sanitary sewer main from the path of installation of the proposed 48-inch raw water line at the intersection of Coleman St. and Pine St. This existing sewer main and adjacent manhole were not shown on the City’s inventory map, nor were they located in the field by the surveyors as the manhole was covered by soil and vegetation. The proposed scope of this change order is to install a new upstream manhole, lower the 10- inch sewer pipe to an elevation below that of the 48-inch raw water line, and replace the existing brick manhole with a new fiberglass manhole. The contractor will provide for bypass pumping of the sewer flow while this work is completed. If approved, Change Order No. 3 would result in a new contract amount of $20,292,071.98 with an additional three (3) calendar days to the contract time. Funds will come from Certificates of Obligation and CDBG/GLO. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 IN THE AMOUNT OF $57,744.00 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $20,292,071.98 FOR THE 48-INCH PINE STREET RAW WATER LINE PROJECT; AND ADDING AN ADDITIONAL THREE (3) CALENDAR DAYS TO THE CONTRACT WHICH IS NECESSARY FOR THE COMPLETION OF THE WORK. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-095 5. Council to consider a resolution authorizing eminent domain proceeding to acquire a lift station easement at 250 South 4th Street. Minutes – April 16, 2024 The city originally obtained a 15-foot-wide temporary construction easement from Sampson Steel Corporation during the construction of the 4th Street underpass pump station. After the temporary construction easement lapsed, City staff continued to use it to access the pump station as there was no other path to the station. An adjacent 15-foot- wide drainage easement is blocked with various above ground utilities, barring its use as an access easement. After Sampson Steel sold the property to Kelley Property Investment, LLC, the City was prohibited from continuing to utilize the former temporary construction easement for access. The city, realizing that a permanent easement had never been secured, contacted Kelley Property Investment, LLC to acquire the lift station easement. The owner accepted the offer but after several attempts within the last two (2) years, the owner’s attorney has been unsuccessful in providing the city with proper documentation to secure said easement. The subject property was appraised by Cook & Associates, Inc., as described: Address: 250 South 4th Street Legal Description: 0.0788-acre lift station easement situated in the N. Tevis Survey, Abstract No. 52 Owner: Kelley Property Investment, LLC Value: $5,500.00 Since the owner has failed to provide the satisfactory documents required to secure the lift station easement, it is necessary to initiate proceedings in eminent domain to acquire the easement. In order to authorize the exercise of eminent domain to acquire easement, a specific motion and record vote is necessary. Funds will come from the Harvey Group 4 CIP Budget. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE AND SHE IS HEREBY AUTHORIZED AND DIRECTED TO FILE OR CAUSE TO BE FILED AGAINST ALL OWNERS OF THE FOLLOWING PARCEL OF LAND LOCATED AT 250 SOUTH 4TH STREET, AND ALL CLAIMANTS OF ANY INTEREST THEREIN, PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE FOR SAID PURPOSES, IN AND TO THE SAID PARCEL OF LAND BEING SITUATED IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: MAYOR WEST – YES COUNCILMEMBER FELDSCHAU - YES MAYOR PRO TEM TURNER – YES COUNCILMEMBER SAMUEL - YES COUNCILMEMBER DURIO – YES COUNCILMEMBER NEILD - YES COUNCILMEMBER GETZ - YES Minutes – April 16, 2024 MOTION PASSED RESOLUTION 24-096 6. Council to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Texas General Land Office (GLO) to receive funds to develop the Comprehensive Plan of Beaumont. The Planning and Community Development Department seeks authorization to submit a grant application to the Resilient Communities Program and execute a contract if awarded. The Texas General Land Office has released an opportunity of funding to cities for development of a comprehensive plan that integrates hazard mitigation plans. A comprehensive plan sets forth a vision and goals for a city’s future and provides the overall foundation for all land use regulation. Our goal is to take an all-inclusive approach to analyze and evaluate the future growth of our community, with a focus toward resilience and mitigation. Funds will come from the General Land Office. Source Amount Federal Transit Administration $300,000 City $0 Total: $300,000 Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE TEXAS GENERAL LAND OFFICE TO RECEIVE FUNDS TO DEVELOP THE COMPREHENSIVE PLAN OF BEAUMONT IN THE AMOUNT OF $300,000.00. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-097 PUBLIC HEARING Council to conduct a Public Hearing authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the ZIP. Public Hearing Open: 2:33 p.m. None Staff made comments regarding the grant application. Minutes – April 16, 2024 Public Hearing Close: 2:43 p.m. Council to conduct a Public Hearing to hear applicant request for funding from the 2024 Community Development Block Grant Program. Public Hearing Open: 2:43 p.m. Daniel Jeans 2509 Cable Ave. Beaumont TX The H.O.W. Center Calvin Shepherd Jr. 865 Enfield Beaumont TX Lion Hearted Public Hearing Close: 2:47 p.m. REGULAR AGENDA 7. Council to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the ZIP. Administration seeks authorization to submit a grant application to the FY24 Bus and Bus Facilities Program. To improve our transit system, it is imperative to enhance our bus stops, real-time tracking technology, transit facilities and expand transit services. Requested funding to the FTA will be $3,333,234, which requires a local match of $788,599. TXDOT has committed $788,599 in transportation development credits to subsidize our local match. Grant funds will be used to reroof transit headquarters, procure real-time tracking hardware, implement credit card payment capabilities, install sixty (60) bus shelters and benches, and procure two (2) vans to extend services to the HWY 105, Major, Folsom and Northwest Parkway area. Federal Transit Administration and Transportation Development Credits. Source Amount Federal Transit Administration $3,333,234.00 Transportation Development Credits $788,599.00 City $0 Total: $4,121,833.00 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO RECEIVE FUNDS FOR THE ZIP IN THE AMOUNT OF $3,333,234.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD Minutes – April 16, 2024 NAYS: NONE MOTION PASSED RESOLUTION 24-098 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Open Session of the meeting adjourned at 2:57 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution approving the six (6) month contract for the purchase of Liquid Chlorine for use by the Water Utilities Department. BACKGROUND Liquid Chlorine is used to purify the City’s water supply. The Water Utilities Department expects to purchase approximately one hundred fifty (150) tons of this material during the term of the contract. This contract shall be in effect for a period of six (6) months. At the end of the initial term, the City may renew the contract for two (2) additional six (6) month periods at the price quoted. Two hundred twenty-two (222) vendors were notified via email as well as advertising on the City web page and in local newspapers. Two (2) bids were submitted. Brenntag Southwest, Inc., who has held this contract in the past, responded with the lowest bid of $325,050.00. This is approximately a .003% decrease in price from the previous bid submission. Bid tabulation is attached. FUNDING SOURCE Water Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for a six (6) month contract with the option for two (2) additional six (6) month periods at the same contract price for the purchase of Liquid Chlorine; and, WHEREAS, Brenntag Southwest, Inc., of Houston, Texas, submitted a bid for the purchase of Liquid Chlorine for use by the Water Utilities Department for a total estimated cost of $325,050.00, as shown on Exhibit “A,” attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the bid submitted by Brenntag Southwest, Inc., of Houston, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted Brenntag Southwest, Inc., of Houston, Texas, for a six (6) month contract, with the option of two (2) renewals of a six (6) month terms at the same pricing as the awarded contract, for the purchase of Liquid Chlorine for use by the Water Utilities Department for a total estimated cost of $325,050.00, as shown on Exhibit “A,” attached hereto and made a part hereof for all purposes, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brenntag Southwest, Inc., of Houston, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, 2024. _______________________________ - Mayor Roy West - Bid Number DF0324-14 City of Beaumont, Texas eBids Title Six (6) Month Contract for Water Treatment Chemicals - Liquid Chlorine Brenda Dean, Procurement Coodinator brenda.dean@beaumonttexas.gov Description The City of Beaumont is requesting bids for a six (6) month contract (409) 880-3720 to supply Liquid Chlorine for treatment of the City's water supply. (409) 880-3747 Issue Date 3/14/2024 10:44:17 AM (CT) Close Date 4/4/2024 02:00:00 PM (CT) Responding Supplier City State Unit Price Response Total Brenntag Southwest, Inc. Lancaster TX 2,167.00 325,050.00 Rental/Other Charges for containers No Bid 325,050.00 PVS DX, Inc. Houston TX 2,172.00 325,800.00 Rental/Other Charges for containers 7,500.00 $333,300.00 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. DF0324-14 - Page 1 C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution approving the six (6) month contract to provide bulk automotive lubricants for use in City vehicles and equipment. BACKGROUND Bids were solicited for a six (6) month contract to supply various automotive lubricants at a fixed cost for use to maintain the City’s vehicles and equipment. At the end of the initial term, the City may renew the contract for two (2) additional six (6) month periods at the price quoted. Sixty-four (64) vendors were notified via email as well as advertising on the City web page and in local newspapers. Four (4) bids were submitted. The two (2) lowest bidders were deemed non- responsive due to the contract exceptions submitted. Midtex Oil, who holds the current contract, responded with a bid of $162,761.20. Which is approximately an 85% increase in price from the previous bid submission. This is due to the City’s increase in item quantities and cost increases submitted by Midtex Oil. Bid tabulation is attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for a six (6) month contract with the option for two (2) additional six (6) month periods at the same contract price to supply various automotive lubricants at a fixed cost for use to maintain the City’s vehicles and equipment; and, WHEREAS, Midtex Oil, of Beaumont, Texas, submitted a bid to provide bulk automotive lubricants for use in City vehicles and equipment for a total estimated cost of $162,761.20, as shown on Exhibit “A,” attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the bid submitted by Midtex Oil, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted Midtex Oil, of Beaumont, Texas, for a six (6) month contract, with the option of two (2) renewals of a six (6) month terms at the same pricing as the awarded contract, to provide bulk automotive lubricants for use in City vehicles and equipment for a total estimated cost of $162,761.20, as shown on Exhibit “A,” attached hereto and made a part hereof for all purposes, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Midtex Oil, 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 30th day of April, 2024. _______________________________ - Mayor Roy West - Bid Number DF0224-12 Addendum 1 City of Beaumont, Texas eBids Title Six (6) Month Contract for Automotive Lubricants Brenda Dean, Procurement Coodinator brenda.dean@beaumonttexas.gov Description The City of Beaumont is requesting bids for a six (6) month contract (409) 880-3720 to provide certain automotive lubricants for use by the City. (409) 880-3747 Issue Date 3/14/2024 11:15:23 AM (CT) Close Date 4/4/2024 02:00:00 PM (CT) Responding Supplier City State Response Submitted Response Total Sun Coast Resources, Inc. Houston TX 4/2/2024 10:36:38 AM (CT) ** $118,176.55 Safety-Kleen Systems, Inc. Norwell MA 3/27/2024 03:18:26 PM (CT) ** $130,591.25 Midtex Oil LP Beaumont TX 4/4/2024 07:38:33 AM (CT) $162,761.20 Tri-Con Inc. Beaumont TX 4/3/2024 10:09:32 AM (CT) $175,830.40 ** Sun Coast Resources and Safety-Kleen Systems are deemed non-responsive due to the contract exceptions submitted. Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. DF0224-12 Addendum 1 - Page 1 D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution approving the replacement of the Police interview room equipment with Axon interview room equipment from Axon Enterprise, Inc. of Scottsdale, AZ in the amount of $67,107.21 paid over five years. BACKGROUND Following our transition to Axon, the WatchGuard interview room systems are no longer compatible with our video evidence system. This new Axon system will replace the remaining WatchGuard hardware used by the Police Department, enabling them to exclusively utilize Axon hardware. Moreover, their interview recordings will be seamlessly uploaded directly into the Axon Evidence.com platform. This purchase aligns with our current multi-year contract, with payments spread out over five years. The total replacement cost is $67,107.21, divided into annual payments of $13,421.44 until 2028. Pricing was obtained through Buy Board. Buy Board is a buying contract that allows government entities to make purchases that have already been contracted under the procurement statutes of the State of Texas. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS Beaumont_%282%29_IR.pdf 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 approve the replacement of the Police interview room equipment with equipment from Axon Enterprise, Inc., of Scottsdale, Arizona for use by the Police Department in the amount of $67,107.21 to be paid over five (5) years. 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 30th day of April, 2024. _______________________________ - Mayor Roy West - Page 1 Q-559872-45400.615MA Q-559872-45400.615MA Issued: 04/18/2024 Quote Expiration: 04/30/2024 Estimated Contract Start Date: 10/01/2024 Account Number: 110311 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Beaumont Information Technology Dept 801 Main St Suite 330 Beaumont, TX 77701 USA Beaumont Police Dept. - TX PO Box 3827 Beaumont TX 77704-3827 USA Email: Matt Appelbaum Phone: Email: mappelbaum@axon.com Fax: Zachary White Phone: 409-730-4420 Email: zachary.white@beaumonttexas.gov Fax: (409) 880-3747 Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $1,791.14 TOTAL COST $67,107.21 ESTIMATED TOTAL W/ TAX $67,107.21 TOTAL SAVINGS $8,955.72 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Page 2 Q-559872-45400.615MA Payment Summary Date Subtotal Tax Total Sep 2024 $10,739.45 $0.00 $10,739.45 Nov 2024 $2,682.00 $0.00 $2,682.00 Oct 2025 $13,421.44 $0.00 $13,421.44 Oct 2026 $13,421.44 $0.00 $13,421.44 Oct 2027 $13,421.44 $0.00 $13,421.44 Oct 2028 $13,421.44 $0.00 $13,421.44 Total $67,107.21 $0.00 $67,107.21 Page 3 Q-559872-45400.615MA Quote Unbundled Price: $76,062.93 Quote List Price: $76,062.93 Quote Subtotal: $67,107.21 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware 74059 AXON INTERVIEW - ENCLOSURE - MOTION SENSOR 2 $244.01 $0.00 $0.00 $0.00 $0.00 100134 AXON INTERVIEW - COVERT ENCLOSURE - ELECTRICAL OUTLET 2 $267.00 $0.00 $0.00 $0.00 $0.00 74118 AXON INTERVIEW - ENCLOSURE - THERMOSTAT 2 $238.67 $0.00 $0.00 $0.00 $0.00 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $64.00 $57.60 $57.60 $0.00 $57.60 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 2 $132.00 $118.80 $237.60 $0.00 $237.60 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $243.31 $218.98 $437.96 $0.00 $437.96 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 2 $397.51 $357.76 $715.52 $0.00 $715.52 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 2 $685.49 $616.94 $1,233.88 $0.00 $1,233.88 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $243.31 $218.98 $437.96 $0.00 $437.96 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $992.92 $893.63 $1,787.26 $0.00 $1,787.26 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $3,286.23 $2,957.61 $2,957.61 $0.00 $2,957.61 50294 AXON INTERVIEW - SERVER - LITE 2 $3,722.47 $3,350.22 $6,700.44 $0.00 $6,700.44 A la Carte Software 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 60 $1,500.00 $1,350.00 $2,700.00 $0.00 $2,700.00 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 60 $28.21 $25.39 $3,046.68 $0.00 $3,046.68 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 60 $1,750.00 $1,575.00 $3,150.00 $0.00 $3,150.00 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 60 $32.98 $29.68 $3,561.84 $0.00 $3,561.84 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 60 $111.75 $100.58 $24,138.00 $0.00 $24,138.00 A la Carte Services 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 2 $7,450.00 $6,705.00 $13,410.00 $0.00 $13,410.00 A la Carte Warranties 50448 AXON INTERVIEW - EXT WARRANTY 2 49 $28.74 $25.87 $2,534.86 $0.00 $2,534.86 Total $67,107.21 $0.00 $67,107.21 Page 4 Q-559872-45400.615MA Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 100134 AXON INTERVIEW - COVERT ENCLOSURE - ELECTRICAL OUTLET 2 1 09/01/2024 A la Carte 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 2 1 09/01/2024 A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 1 09/01/2024 A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 1 09/01/2024 A la Carte 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 2 1 09/01/2024 A la Carte 50294 AXON INTERVIEW - SERVER - LITE 2 1 09/01/2024 A la Carte 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 1 09/01/2024 A la Carte 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 1 09/01/2024 A la Carte 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 1 09/01/2024 A la Carte 74059 AXON INTERVIEW - ENCLOSURE - MOTION SENSOR 2 1 09/01/2024 A la Carte 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 2 1 09/01/2024 A la Carte 74118 AXON INTERVIEW - ENCLOSURE - THERMOSTAT 2 1 09/01/2024 Software Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 10/01/2024 09/30/2029 A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 10/01/2024 09/30/2029 A la Carte 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 10/01/2024 09/30/2029 A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 10/01/2024 09/30/2029 A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 10/01/2024 09/30/2029 Services Bundle Item Description QTY A la Carte 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 2 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 50448 AXON INTERVIEW - EXT WARRANTY 2 09/01/2025 09/30/2029 Page 5 Q-559872-45400.615MA Shipping Locations Location Number Street City State Zip Country 1 801 Main St Suite 330 Beaumont TX 77701 USA Payment Details Sep 2024 Invoice Plan Item Description Qty Subtotal Tax Total 1 100134 AXON INTERVIEW - COVERT ENCLOSURE - ELECTRICAL OUTLET 2 $0.00 $0.00 $0.00 1 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $540.00 $0.00 $540.00 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $609.34 $0.00 $609.34 1 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $630.00 $0.00 $630.00 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $712.37 $0.00 $712.37 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $4,827.61 $0.00 $4,827.61 1 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 2 $143.10 $0.00 $143.10 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 1 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 2 $246.78 $0.00 $246.78 1 50294 AXON INTERVIEW - SERVER - LITE 2 $1,340.09 $0.00 $1,340.09 1 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $357.45 $0.00 $357.45 1 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $591.52 $0.00 $591.52 1 50448 AXON INTERVIEW - EXT WARRANTY 2 $506.97 $0.00 $506.97 1 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $11.52 $0.00 $11.52 1 74059 AXON INTERVIEW - ENCLOSURE - MOTION SENSOR 2 $0.00 $0.00 $0.00 1 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 2 $47.52 $0.00 $47.52 1 74118 AXON INTERVIEW - ENCLOSURE - THERMOSTAT 2 $0.00 $0.00 $0.00 Total $10,739.45 $0.00 $10,739.45 Nov 2024 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 1 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 2 $2,682.00 $0.00 $2,682.00 Total $2,682.00 $0.00 $2,682.00 Oct 2025 Invoice Plan Item Description Qty Subtotal Tax Total 2 100134 AXON INTERVIEW - COVERT ENCLOSURE - ELECTRICAL OUTLET 2 $0.00 $0.00 $0.00 2 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $540.00 $0.00 $540.00 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $609.34 $0.00 $609.34 2 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $630.00 $0.00 $630.00 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $712.37 $0.00 $712.37 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $4,827.60 $0.00 $4,827.60 2 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 2 $143.10 $0.00 $143.10 2 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 2 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 2 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 2 $246.78 $0.00 $246.78 2 50294 AXON INTERVIEW - SERVER - LITE 2 $1,340.09 $0.00 $1,340.09 2 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $357.45 $0.00 $357.45 Page 6 Q-559872-45400.615MA Oct 2025 Invoice Plan Item Description Qty Subtotal Tax Total 2 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $591.52 $0.00 $591.52 2 50448 AXON INTERVIEW - EXT WARRANTY 2 $506.97 $0.00 $506.97 2 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $11.52 $0.00 $11.52 2 74059 AXON INTERVIEW - ENCLOSURE - MOTION SENSOR 2 $0.00 $0.00 $0.00 2 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 2 $47.52 $0.00 $47.52 2 74118 AXON INTERVIEW - ENCLOSURE - THERMOSTAT 2 $0.00 $0.00 $0.00 Annual Payment 2 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 2 $2,682.00 $0.00 $2,682.00 Total $13,421.44 $0.00 $13,421.44 Oct 2026 Invoice Plan Item Description Qty Subtotal Tax Total 3 100134 AXON INTERVIEW - COVERT ENCLOSURE - ELECTRICAL OUTLET 2 $0.00 $0.00 $0.00 3 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $540.00 $0.00 $540.00 3 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $609.34 $0.00 $609.34 3 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $630.00 $0.00 $630.00 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $712.37 $0.00 $712.37 3 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $4,827.60 $0.00 $4,827.60 3 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 2 $143.10 $0.00 $143.10 3 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 3 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 3 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 2 $246.78 $0.00 $246.78 3 50294 AXON INTERVIEW - SERVER - LITE 2 $1,340.09 $0.00 $1,340.09 3 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $357.45 $0.00 $357.45 3 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $591.52 $0.00 $591.52 3 50448 AXON INTERVIEW - EXT WARRANTY 2 $506.97 $0.00 $506.97 3 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $11.52 $0.00 $11.52 3 74059 AXON INTERVIEW - ENCLOSURE - MOTION SENSOR 2 $0.00 $0.00 $0.00 3 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 2 $47.52 $0.00 $47.52 3 74118 AXON INTERVIEW - ENCLOSURE - THERMOSTAT 2 $0.00 $0.00 $0.00 Annual Payment 3 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 2 $2,682.00 $0.00 $2,682.00 Total $13,421.44 $0.00 $13,421.44 Oct 2027 Invoice Plan Item Description Qty Subtotal Tax Total 4 100134 AXON INTERVIEW - COVERT ENCLOSURE - ELECTRICAL OUTLET 2 $0.00 $0.00 $0.00 4 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $540.00 $0.00 $540.00 4 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $609.34 $0.00 $609.34 4 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $630.00 $0.00 $630.00 4 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $712.37 $0.00 $712.37 4 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $4,827.60 $0.00 $4,827.60 4 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 2 $143.10 $0.00 $143.10 4 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 4 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 4 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 2 $246.78 $0.00 $246.78 4 50294 AXON INTERVIEW - SERVER - LITE 2 $1,340.09 $0.00 $1,340.09 4 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $357.45 $0.00 $357.45 4 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $591.52 $0.00 $591.52 4 50448 AXON INTERVIEW - EXT WARRANTY 2 $506.97 $0.00 $506.97 4 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $11.52 $0.00 $11.52 4 74059 AXON INTERVIEW - ENCLOSURE - MOTION SENSOR 2 $0.00 $0.00 $0.00 4 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 2 $47.52 $0.00 $47.52 Page 7 Q-559872-45400.615MA Oct 2027 Invoice Plan Item Description Qty Subtotal Tax Total 4 74118 AXON INTERVIEW - ENCLOSURE - THERMOSTAT 2 $0.00 $0.00 $0.00 Annual Payment 4 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 2 $2,682.00 $0.00 $2,682.00 Total $13,421.44 $0.00 $13,421.44 Oct 2028 Invoice Plan Item Description Qty Subtotal Tax Total 5 100134 AXON INTERVIEW - COVERT ENCLOSURE - ELECTRICAL OUTLET 2 $0.00 $0.00 $0.00 5 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $540.00 $0.00 $540.00 5 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $609.34 $0.00 $609.34 5 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $630.00 $0.00 $630.00 5 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $712.37 $0.00 $712.37 5 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $4,827.60 $0.00 $4,827.60 5 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 2 $143.10 $0.00 $143.10 5 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 5 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $87.59 $0.00 $87.59 5 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 2 $246.78 $0.00 $246.78 5 50294 AXON INTERVIEW - SERVER - LITE 2 $1,340.09 $0.00 $1,340.09 5 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $357.45 $0.00 $357.45 5 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $591.52 $0.00 $591.52 5 50448 AXON INTERVIEW - EXT WARRANTY 2 $506.97 $0.00 $506.97 5 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $11.52 $0.00 $11.52 5 74059 AXON INTERVIEW - ENCLOSURE - MOTION SENSOR 2 $0.00 $0.00 $0.00 5 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 2 $47.52 $0.00 $47.52 5 74118 AXON INTERVIEW - ENCLOSURE - THERMOSTAT 2 $0.00 $0.00 $0.00 Annual Payment 5 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 2 $2,682.00 $0.00 $2,682.00 Total $13,421.44 $0.00 $13,421.44 Page 8 Q-559872-45400.615MA Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract BuyBoard Contract 648-21 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 9 Q-559872-45400.615MA \s1\ \d1\ Signature Date Signed 4/18/2024 PAGE1 STATEMENT OF WORK FOR THE IMPLEMENTATION OF AXON INTERVIEW ROOM FOR BEAUMONT POLICE DEPT. - TX ("SOW”) Submitted By: Axon Enterprise, Inc. (Axon) North 85th Street PAGE2 1. PROJECT OVERVIEW: 1.1 SOFTWARE The hardware and software detailed in this SOW includes, the listed functionality.  Axon Interview Room 1.2 DEFINITIONS TERM DEFINITION PARTIES Agency Beaumont Police Dept. - TX who is identified within this SOW End-Users Specific Agency groups that will use the system Professional Services The services that Axon will provide within the scope of this SOW SYSTEMS Axon Systems Software solutions and Agency specific integrations developed by Axon CJIS The Federal Bureau of Investigation’s Criminal Justice Information System NCIC National Crime Information Center Product The hardware and software solution being implemented as part of this SOW Production Environment The operational environment where the Product will be accessed PROJECT & MILESTONES Project Scope of this SOW as defined by the work to be completed described herein Project Change Order (PCO) Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required to this SOW ACCEPTANCE Blocker Issue impacting 50% or more users Functional Acceptance Testing Testing the functionality of the system as configured for Agency PAGE3 1.3 OUT OF PROJECT SCOPE Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that are not defined explicitly by this SOW shall be done so through a Project Change Order. The following are considered outside the scope of this Project:  Administration, management, or support of any internal City, County, State, Federal or Agency IT network or infrastructure  Third Party Products and Services costs related to the vendors or Agency’s cost of implementing the vendors or Agency’s side of the integration  Changes made by Agency or Agency’s vendors PAGE4 2. PROFESSIONAL SERVICES: 2.1 GENERAL  Axon will provide a project manager throughout entire project. 2.2 HARDWARE 2.2.1 HQ  Axon will supply 2 Servers. HQ o If agency grants access, Axon will unbox and rack servers. o Agency will ensure servers are powered on with Windows installed prior to Install date. o Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewalls, etc, so long as they do not degrade operations of Interview Server(s) o Agency will provide onsite and remote access to Interview Server(s) as required by Axon installers. Axon will then configure the Interview Server(s). HQ  Agency will supply Network Switches.  Axon Professional Services will provide network cabling.  Agency will configure all network equipment.  Agency will prepare all rooms prior to installation. o Removing all evidence from room. o Removal of existing video solution. Axon will work on installation timing with Agency to ensure an adequate number of rooms are available when possible. HQ  Axon will mount/place Touch Panels Wall mounted in observation room  Room 1 PAGE5 Room 1 o Overt Fixed Dome in N/A o Covert Camera in Flush Mount Enclosure  Room 2 Room 2 o Overt Fixed Dome in N/A o Covert Camera in Flush Mount Enclosure PAGE6 2.3 INTERVIEW SOFTWARE  Agency will ensure an appropriate resource is available to configure/troubleshoot network communications between onsite Interview Hardware. Agency will also assist in configure/troubleshoot connection to Axon Evidence.  Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewalls, etc, so long as they do not degrade operations of Interview Server(s)  Axon will install Axon Interview Server Application, Agency may be required to provide appropriate permissions/credentials.  Axon will install and configure Touch Panel Software. 2.4 READINESS  Axon will supply Agency with copy of current QA/Testing Checklist.  Axon will complete QA/Testing Checklist per room consisting of: o Hardware Wiring o Hardware Mounting o Hardware Functionality o Firmware Updates o Software Install and Configuration o Functional Test of all features 2.6 TRAINING  Axon will provide training materials that may be used by agency. Training materials will be customized for agencies environment where applicable.  Agency will provide facilities and equipment for conducting the Training.  Train the Trainer: Axon will provide session(s), materials and support allowing Agency’s in-house trainers to conduct their own Training. Agency is responsible for updating all Training materials after final acceptance. PAGE7 3. PROJECT MANAGEMENT: 3.1 MANAGEMENT RESOURCES  Both Parties will assign a Point of Contact, Project Manager, or Project Coordinator to ensure completion of deliverables.  Axon’s Project Coordinator will ensure all team members from Axon and Agency are continually updated on the status of the Project. 3.2 REQUIREMENTS PLANNING  All Proposed Project timelines will be documented during Project Management Kickoff call.  Once all requirements are agreed to, Axon’s Project Coordinator will work with Agency’s Project Manager to develop a Project plan for Axon’s implementation. 3.3 CHANGE CONTROL  If any changes in the Project cause a material increase or decrease in fees, as determined by Axon, an adjustment in the fees will be agreed upon and included in a signed PCO form.  Agency acknowledges a proposed change request might have an impact on both scheduling and cost for the Project that will be outlined in the PCO form. PAGE8 4. AGENCY COMMITMENTS:  Ensure the reasonable availability for meetings, phone or email of knowledgeable staff and personnel to provide timely and accurate documentation and information to Axon.  Identify holidays, non-workdays or major events that may impact the Project.  Ensure Agency desktop or mobile systems and devices can access the Product.  Make available relevant systems if needed for assessment by Axon (including making these systems available to Axon via remote access if possible).  Technical Systems Requirements PAGE9 5. SUPPORT:  Axon will provide on-site installer/trainer support as part of project.  The Product undergoes updates and enhancements which Agency will automatically receive.  Axon will provide Agency’s End Users access to the help.axon.com support portal to submit and review service tickets.  For Technical Support assistance, Agency may contact a Technical Support representative at 800-978-2737, or via email at Support@Axon.com. Online, email-based support and remote-location troubleshooting are included on an ongoing basis as part of Agency’s investment in the Axon ecosystem. Phone support is available 24/7. PAGE10 6. TERMS AND CONDITIONS: This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties. AXON ENTERPRISE, INC. Signature: _____________________ Name: _________________________ Title: _________________________ Date: _________________________ AGENCY Signature: _________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ PAGE11 ATTACHMENT B - PROJECT CHANGE ORDER TEMPLATE Date: Axon Product or Service: Change Order Details AXON ENTERPRISE, INC. Signature: _____________________ Name: _________________________ Title: _________________________ Date: _________________________ AGENCY Signature: _________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution approving a contract for towing and impounding services of uninsured vehicles for use by the Police Department. BACKGROUND City Ordinance Section 20.01.007 allows for the towing and impounding of vehicles that are not insured or otherwise covered for financial responsibility in accordance with State Law. A Request for Proposal (RFP) was sent out to fifty-six (56) vendors via email as well as advertising on the City web page and in local newspapers. Two (2) proposals were submitted. Spanky’s Wrecker Service of Beaumont received the best criteria evaluation score. The contract shall be in effect for a period of two (2) years. At the end of the initial term, the City may renew the contract for three (3) additional one (1) year periods at the quoted per tow price of $150.00. Criteria evaluation sheet is attached. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, request for proposals were received for a two (2) year contract, with an option to renew for three (3) additional one (1) year contracts, for towing and impounding services of uninsured vehicles; and, WHEREAS, the towing charge will be the same that is allowed for non-consent tows as set out in Section 6.08.004 of the Code of Ordinances, which is currently one hundred fifty dollars ($150.00) per vehicle; and, WHEREAS, Spanky’s Wrecker Service, of Beaumont, Texas, received the highest proposal score by a panel of City staff based on experience with similar contracts, equipment, personnel, data control software and size of the auto storage facility, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the proposal submitted by Spanky’s Wrecker Service, of Beaumont, Texas, 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 proposal submitted by Spanky’s Wrecker Service, of Beaumont, Texas, for a two (2) year contract, with an option to renew for three (3) additional one (1) year contracts, for towing and impounding services of uninsured vehicles 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 Spanky’s Wrecker Service, 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 30th day of April, 2024. _______________________________ - Mayor Roy West - Description Max Spanky's Wrecker Tim Neff Points Service, Inc (TNT Wrecker) Relevant Experience 30 30.00 29.33 Maintenance Program 5 4.67 4.33 Personnel 15 14.00 11.67 Equipment 17 14.33 16.33 Storage 25 23.33 21.67 Data Control 7 7.33 5.67 Towing Charge 1 1.00 - Total Point 100 94.67 89.00 Towing Services for Police Department Impounding of Vehicles Individual Criteria Scoring Sheet for MF0124-18 F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution changing authorized signatories for the City of Beaumont’s Transit System Clearing Account held at Stellar Bank. BACKGROUND On September 15, 2020, Council approved a contract with First Transit to manage and operate the Beaumont Municipal Transit System. The contract was entered and executed on October 5, 2020. Kenneth R. Williams, Cheryl Ray, Claudia San Miguel, Willa White, and Heather Aguilar are currently authorized signatories on the account. However, there have been recent staff changes at First Transit. As a result, Willa White is to be removed as an authorized signatory on the account effective immediately and Christine Stanley is to be added as an authorized signatory immediately. The City’s internal controls for checks written out of this account call for a review of all checks written from this account by City staff and a monthly bank reconciliation performed by City staff. Any check written from this account that is found not to be related to the City’s Transit System will be charged back to First Transit. FUNDING SOURCE Not applicable RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Willa White is currently authorized as a signatory on the City of Beaumont’s Transit System Clearing account with Stellar Bank; and, WHEREAS, Willa White is to be deleted as an authorized signatory at Stellar Bank for the City of Beaumont’s Transit System Clearing account effective April 30, 2024, and Christine Stanley is granted authority as signatory at Steller Bank for the City of Beaumont’s Transit System Clearing account effective April 30, 2024; 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 Willa White is to be deleted as an authorized signatory at Stellar Bank for the City of Beaumont’s Transit System Clearing account effective April 30, 2024, and Christine Stanley is granted authority as signatory at Steller Bank for the City of Beaumont’s Transit System Clearing account effective April 30, 2024; and, BE IT FURTHER RESOLVED THAT this resolution shall be effective from and after the date of its passage. 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 30th day of April, 2024. _______________________________ - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution approving an annual contract to provide and service refuse containers at various City facilities. BACKGROUND Refuse container and collection services are required at thirty-eight (38) sites throughout the City. The size of refuse containers required range from two (2) to ten (10) cubic yards, and the collection frequency rates range from one (1) to four (4) per week. Bids were requested from sixty-nine (69) vendors. Two (2) vendors responded. The lowest qualified bid with an estimated annual cost of $102,597.24 was received from BFI Waste Services dba Republic Services of Beaumont. Republic holds the current contract. The estimated annual cost represents an approximate increase of 28.4% from the previous contract. This contract shall be in effect for one (1) year and allows the City to add or delete containers; change locations or container sizes as needed. At the end of the initial term, the City may renew the contract for two (2) additional one (1) year periods at the quoted price. Bid tabulation is attached. FUNDING SOURCE General Fund 90%, other funds 10%. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for an annual contract with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract to provide and service refuse containers at various City facilities; and, WHEREAS, BFI Waste Services d|b|a Republic Services, of Beaumont, Texas, submitted a bid in the amount of $102,597.24; and, WHEREAS, the City Council is of the opinion that the proposal submitted by BFI Waste Services dba Republic Services, of Beaumont, Texas should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by BFI Waste Services d|b|a Republic Services, of Beaumont, Texas, in the amount of $102,597.24 to provide and service refuse containers at various City facilities be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with BFI Waste Services d|b|a Republic Services, of Beaumont, Texas in the amount of $102,597.24 to provide and service refuse containers at various City facilities. 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 30th day of April, 2024. - Mayor Roy West - Event Number MF0224-19 Addendum 1 City of Beaumont, Texas eBids Event Title Annual Contract for Container and Solid Waste Collection Brenda Dean, Procurement Coodinator brenda.dean@beaumonttexas.gov Event Description The City of Beaumont is requesting bids for an annual contract (409) 880-3720 to provide trash container and solid waste collection services for (409) 880-3747 various City-owned properties, located throughout the City. Issue Date 2/15/2024 02:40:23 PM (CT) Close Date 3/7/2024 02:00:00 PM (CT) Responding Supplier City State Response Submitted Response Total BFI Waste Services of Texas, LP dba Republic Services Beaumont TX 3/7/2024 10:07:59 AM (CT) Total Per Month: $8,549.77 Total Annual: $102,597.24 Frontier Waste Solutions Dallas TX 3/7/2024 09:17:14 AM (CT) Total Per Month: $16,950.00 Total Annual: $203,400.00 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. MF0224-19 Addendum 1 - Page 1 H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution approving a contract for the publication of legal notices to be used by various City Departments. BACKGROUND The publication of legal notices is utilized by various City departments and divisions, such as the City Clerk, Convention and Visitors Bureau, Finance, Engineering, Water Utilities and Planning and Zoning to meet various notification requirements as dictated by law. There were ninety-seven (97) invitations to bid sent with only one (1) response submitted by The Examiner Corporation. The City’s legal notices are currently posted on Thursdays with The Examiner and the current price is one dollar and twenty-five cents ($1.25) per column line. There is no change in price. FUNDING SOURCE General Fund, Water and Sewer Fund, and the Hotel Tax Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid Tabulation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were received for a one (1) year contract with the option of two (2) one (1) year renewals for publication of legal notices by various City departments; and, WHEREAS, The Examiner Corporation, of Beaumont, Texas, submitted a bid in the weekly amount of $1.25 per column line as described in Exhibit “A,” attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by The Examiner Corporation, of Beaumont, Texas for a one (1) year contract with the option of two (2) one (1) year renewals is the lowest responsible bidder providing the best value to the City and should be accepted as primary and secondary contracts, respectively; 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 The Examiner Corporation, of Beaumont, Texas for a one (1) year contract with the option of two (2) one (1) year renewals for the publication of legal notices for use by various City departments in the weekly amount of $1.25 per column line as described in Exhibit “A,” attached hereto: and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with The Examiner Corporation, of Beaumont, 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 30th day of April, 2024. _______________________________ - Mayor Roy West - Event Number JF0324-39 Organization City of Beaumont, Texas eBids Event Title Annual Contract for Publication of Legal Notices Workgroup Purchasing Event Description The City of Beaumont solicits bids for Annual Contract for Publication of Legal Notices. Event Owner June Jordan Event Type Bid Email june.jordan@beaumonttexas.gov Issue Date 4/3/2024 03:10:01 PM (CT) Phone (409) 880-3757 Close Date 4/18/2024 02:00:00 PM (CT) 1 Daily Rate (PER COLUMN LINE) $1.25 2 Sunday Rate 3 Weekly Rate (Not Inculded in Response Total) $1.25 CLASSIFIED ADVERTISEMENT DAY(S) OF PUBLICATION THURSDAY Newspaper with circulation under 50,000 NO BID Description CURRENT CIRCULATION TOTAL 39,999 OR LESS The Examiner Corporation (The Examiner Corp.) JF0324-39 - Page 1 I TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Manely Cordero. BACKGROUND The claim of Manely Cordero was presented and discussed in Executive Session held on September 26, 2023. The City Attorney is requesting authority to settle this claim in the amount of $13,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Manely Cordero was discussed in Executive Session properly called and held on Tuesday, September 26, 2023; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim of Manely Cordero for the sum of thirteen thousand, and 0/100 Dollars ($13,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, 2024. _______________________________ - Mayor Roy West - J TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Jimmy Neale, Director of Recreation MEETING DATE: April 30, 2024 REQUESTED ACTION: Approve a temporary waiver of Chapter 14.04.009 to allow alcohol to be served at Beaumont Municipal Tennis Center during a fundraising event on May 3, 2024, through May 5, 2024 BACKGROUND CASA is hosting a pickleball tournament/brunch at the Beaumont Municipal Tennis Center. They would like to serve donated alcohol during their event, which is their primary fundraiser for the year. They will utilize a caterer and have staff who are TABC-certified, to distribute the alcohol. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, CASA of Southeast Texas Inc., has requested permission from the City of Beaumont to serve alcohol during the “Justice is Served” a non-profit event; and, WHEREAS, operation of alcohol serving would be limited to the “Justice is Served” non- profit event in and around the Beaumont Municipal Tennis Center; and, WHEREAS, the City Council finds that it is in the best interest of the citizens of Beaumont to allow the limited and temporary use of serving alcohol at the Beaumont Municipal Tennis Center commencing on May 3, 2024, and ending on May 5, 2024, in conjunction with the “Justice is Served” non-profit event; 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 limited and temporary use of serving alcohol during the “Justice is Served” non- profit event on City property located at the Beaumont Municipal Tennis Center commencing on May 3, 2024, and ending May 5, 2024, is hereby authorized. 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 30th day of April, 2024. _______________________________ - Mayor Roy West - ______________________________________________________________________________________________________ Member of National CASA and Texas CASA CASA of Southeast Texas, Inc. is a non-profit organization that recruits, trains, and supervises a diverse group of community volunteers, appointed by the courts to advocate for abused and neglected children in the pursuit of safe, permanent homes. April 12, 2024 Purpose: Request for Waiver We are writing you today on behalf of CASA of Southeast Texas. CASA of Southeast Texas is a non-profit service organization that recruits, trains, and supervises a diverse group of community volunteers, appointed by the Courts to advocate for abused and neglected children in the pursuit of safe, permanent homes. Our annual fundraiser is an event called “Justice is Served.” In the past this event has been a gala style event. This year we are transitioning away from the traditional gala to a pickleball tournament. This fundraiser is our only scheduled fundraiser of the year. The funds raised at this event are used throughout the year to support our mission advocating for children in the family court system. We will have a pickleball brunch and two days of tournament play. We would like to be able to serve alcohol at our event at the Beaumont Municipal Tennis Center. We will utilize a caterer to obtain a liquor permit for the event, if allowed. CASA of Southeast Texas would like to request a waiver from City Council to allow alcohol to be served at the Beaumont Municipal Tennis Center during our event on the dates of May 3rd, 4th, and 5 th . Thank you for your time and consideration of this matter. Liz Woods Bobby Beaver Executive Director President of the Board 2449 Calder Ave.  Beaumont, Texas 77702  (409) 832-2272  Fax (409) 832-8260  www.casasetx.org Board of Directors Bobby Beaver President Shelby Kelley Vice President Melaney Whiting Secretary Cindy Dishman Treasurer Tomeka Channel Ryan Dollinger Ashlee Garrett Jennifer Gregory Dr. Ginger Gummelt Jesi Courville Jones Diana Miles Marcelo Molfino Farren Morris Sara Norman Leah Sachitano Advisory Board Members Toni Mulvaney Sean Villery- Samuel Angela Clavijo Honorary Board Members 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Final Change Order No. 2 to the contract with Gulf Coast, a CRH Company, for the Street Preservation City Wide – Phase 1 Project. BACKGROUND On June 28, 2022, by Resolution No. 22-161, City Council awarded a contract to LD Construction, of Beaumont, in the amount of $1,334,033.60, for the Street Preservation City Wide – Phase I Project. On August 26, 2022, Change Order No. 1, in the amount of ($92.00), resulted in a decrease to the original contract making the new contract amount $1,333,941.60. Effective December 2, 2022, LD Construction and PTSS Investments officially became part of the Texas Materials Group, a family of four companies which operate as part of CRH. All products and services have operated under the Gulf Coast brand. Gulf Coast submitted all paperwork and documentation required for them to contractually take on the responsibility of the remaining work for this project. Proposed Final Change Order No. 2, in the amount of $203,051.88, is needed to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $1,536,993.48. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Final Change Order No. 2, maintenance, and final payment in the amount of $289,494.71 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Final Change Order No. 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 28, 2022, by Resolution 22-161, City Council awarded a contract to LD Construction, of Beaumont, Texas, in the amount of $1,334,033.60, for the Street Preservation Citywide-Phase 1 Project; and, WHEREAS, on August 26, 2022, Change Order No. 1, in the amount of ($92.00), resulted in a decrease to the original contract making the new contract amount $1,333,941.60; and, WHEREAS, effective December 2, 2022, LD Construction and PTSS Investments officially became part of the Texas Materials Group, a family of four (4) companies which operate as part of CRH; and, WHEREAS, proposed final Change Order No. 2, in the amount of $203,051.88, is needed to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, if approved, the adjustment in quantities would result in a final contract amount of $1,536,993.48; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $203,051.88 for additional work described above, thereby increasing the total contract amount to $1,536,993.48 for the Street Preservation Citywide-Phase 1 Project; and, BE IT FURTHER RESOLVED THAT the Street Preservation Citywide-Phase 1 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 $289,494.71 to Gulf Coast, a CRH Company, of Beaumont, 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 30th day of April, 2024. - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Change Order #003.002 PW0322-12 - Street Pavement Preservation City Wide - Phase I, Beaumont, Beaumont, Texas 77713 USA Monday, Apr 08, 2024 Change Order Details Grand Total: $203,051.88 Description Change Order No. 2 - FINAL Division 01 - General Requirements Awarded to Erik Rodriguez (Gulf Coast a CRH Company), 27695 Created By Julie Hammond (City of Beaumont) Create Date Aug 09, 2023 03:28 PM CST Reason Code Quantity Adjustment Days Changed 0 Additional Info Line Item Type Unit price Group 3.0 Construction Dates Created On Aug 09, 2023 Capital Planning Capital Planning Construction - Street Pavement Preservation City Wide - Phase I Capital Project Fiscal Year 2023 Accounting Item Id 440 PO Number 441130 Summary Original Contract Sum 749,343.03 Net Cost by Previous Approved Change Order 0.00 Contract Sum Before This Change Order 749,343.03 Contract Sum Changed By This Change Order 203,051.88 New Contract Sum 952,394.91 Substantial Completion Date N/A Net Time Change By Previous Change Order 30 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 0 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract 27.097320168574864838604023580% Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount Contract Items 008 0000 000 Prosecution and Progress (Liquidated Damages) 10.00 DAYS -685.00 -6,850.00 100 6001 100 PREP ROW (NOT TO EXCEED $300 PER STATION) -2.70 STA 150.00 -405.00 340 6003 300 D-GR HMA TY-F PG 70- 22 (1") 1,436.06 TON 128.00 183,815.68 351 6001 300 REPAIR OF FLEXIBLE PAVEMENT (8" ASB) 245.22 SY 60.00 14,713.20 530 6011 500 INTERSECTIONS, DRIVEWAYS, AND TURNOUTS (ACP) 58.89 TON 200.00 11,778.00 Total 203,051.88 Approval (Approved) User / Role Status Comments Keith Gunn (External-GC) Approved Apr 04, 2024 01:35 PM CST David Tingle (Project Manager) Approved Apr 04, 2024 01:36 PM CST Amalia "Molly" Villarreal (City Engineer) Approved Apr 04, 2024 03:30 PM CST Bart Bartkowiak (Director) Approved Apr 04, 2024 03:41 PM CST Crystal Garza (Admin) Approved Apr 04, 2024 03:44 PM CST pmnotiﬁcations@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 CITYOFBEAUMONT.PROJECTMATES.COM Invoice #003.006-FINAL for Invoices/Pay Apps PW0322-12 - Street Pavement Preservation City Wide - Phase I, Beaumont, Beaumont, Texas 77713 USA Monday, Apr 08, 2024 Invoice Details Amount Due: 289,494.71 Contract Contract - 003 Street Pavement Preservation City Wide - Phase 1 Invoice # 003.006-FINAL Description Gulf Coast a CRH Company - Street Pavement Preservation City Wide - Phase 1 Invoice Date Apr 04, 2024 Pay Period Apr 27, 2023 to Apr 04, 2024 Final Invoice Yes Grand Total $254,605.23 Payment To Erik Rodriguez 27695 (Gulf Coast a CRH Company) Created By Julie Hammond (City of Beaumont) Create Date Apr 04, 2024 04:12 PM CST Invoice ID 1050 Retainage Work Completed % 0.00 Materials Stored % 0.00 Line Items Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount Change Order No. 2 - FINAL - Contract Items 008 0000 000 Prosecution and Progress 10.00 @ -685.00 = -6,850.00 0.00 0.00 DAYS -685.00 -6,850.00 0.00 -6,850.00 Grand Total 952,394.91 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount (Liquidated Damages) 100 6001 100 PREP ROW (NOT TO EXCEED $300 PER STATION) -2.70 @ 150.00 = -405.00 0.00 0.00 STA 150.00 -405.00 0.00 -405.00 340 6003 300 D-GR HMA TY-F PG 70-22 (1") 1,436.06 @ 128.00 = 183,815.68 0.00 0.00 TON 128.00 183,815.68 0.00 183,815.68 351 6001 300 REPAIR OF FLEXIBLE PAVEMENT (8" ASB) 245.22 @ 60.00 = 14,713.20 0.00 0.00 SY 60.00 14,713.20 0.00 14,713.20 530 6011 500 INTERSECTIONS, DRIVEWAYS, AND TURNOUTS (ACP) 58.89 @ 200.00 = 11,778.00 0.00 0.00 TON 200.00 11,778.00 0.00 11,778.00 Contract Items 100 6001 100 PREP ROW (NOT TO EXCEED $300 PER STATION) 288.40 @ 150.00 = Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 530 6011 500 INTERSECTIONS, DRIVEWAYS, AND TURNOUTS (ACP) 177.47 @ 200.00 = 35,494.00 35,494.00 0.00 TON 200.00 0.00 0.00 35,494.00 666 6005 600 REFL PAV MRK TY I (WHITE) (12") (SOLID) (100 MIL) (NO SEALER REQUIRED) 94.00 @ 13.50 = 1,269.00 1,269.00 0.00 LF 13.50 0.00 0.00 1,269.00 666 6001 600 REFL PAV MRK TY I (YELLOW) (4") (SOLID) (100 MIL) (NO SEALER REQUIRED) 4,860.00 @ 0.85 = 4,131.00 4,131.00 0.00 LF 0.85 0.00 0.00 4,131.00 666 6002 600 REFL PAV MRK TY I (YELLOW) (4") (BROKEN) (100 MIL) (NO SEALER REQUIRED) 610.00 @ 1.00 = 610.00 610.00 0.00 LF 1.00 0.00 0.00 610.00 666 6003 600 REFL PAV MRK TY I (WHITE) (8") 5a. 0.00% of Completed Work (Column I on Continuation Sheet) 0.00 5b. 0.00% of Stored Material (Column J on Continuation Sheet) 0.00 Total Retainage (5a + 5b) 0.00 6. Total Earned Less Total Retainage 952,394.91 7. Less Previous Certificates for Payment 662,900.20 8. Current Amount Due 289,494.71 9. Balance to Finish, Including Retainage (Line 3 less Line 6) 0.00 Additional Info Line Item Type Unit price Group 3.0 Construction Accounting and Status Capital Funding Source Construction - Street Pavement Preservation City Wide - Phase I Capital Project Fiscal Year 2023 PO Number 433002 Approval (Approved) User / Role Status Comments Keith Gunn (External-GC) Approved Apr 05, 2024 08:45 AM CST David Tingle (Project Manager) Approved Apr 05, 2024 08:45 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Apr 05, 2024 09:09 AM CST Bart Bartkowiak (Director) Approved Apr 05, 2024 09:22 AM CST Crystal Garza (Admin) Approved Apr 08, 2024 09:42 AM CST 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to approve Change Order No. 2 for the second phase of the 2020 HSIP Interconnect Signals Project – Calder Avenue, E. Lucas Drive, and Washington Blvd. BACKGROUND On March 7, 2023, by Resolution No. 23-0069, City Council authorized the City Manager to enter into an Advanced Funding Agreement in the amount of $917,230.00, for the second phase of the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals Project - Calder Avenue, E. Lucas Drive, and Washington Boulevard. Per the funding agreement, the City is responsible for paying 10% of that amount prior to beginning construction, along with any unexpected overruns. Previous Change Order No. 1 was processed internally by the Texas Department of Transportation (TxDOT) to update a special specification that resulted in no financial effects to the City. Proposed Change Order No. 2, in the amount of $17,574.00, is to replace 24 previously purchased antennas with new antennas that the supplier has recommended for this project. The new signalized intersections along each project corridor will communicate wirelessly with each other via cellular modems. Each modem requires a particular antenna to enable this wireless communication. The City will take ownership of the previously purchased antennas and use them for future maintenance of existing infrastructure. If approved, Change Order No. 2 would result in a new project cost of $934,804.00. Per the funding agreement, the City will pay for the entirety of Change Order No. 2, in the amount of $17,574.00. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS 2020 HSIP Interconnect Signals Project – Calder Avenue, E. Lucas Drive, and Washington Blvd. CO2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on March 7, 2023, by Resolution 23-069, City Council authorized the City Manager to enter into an Advanced Funding Agreement in the amount of $917,230.00, for the second phase of the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals Project- Calder Avenue, E. Lucas Drive, and Washington Boulevard; and, WHEREAS, previous Change Order No. 1 was processed internally by the Texas Department of Transportation to update a special specification that resulted in no financial impact to the City; and, WHEREAS, proposed Change Order No. 2, in the amount of $17,574.00, is required to replace twenty-four (24) previously purchased antennas with new antennas that the supplier has recommended for this project, if approved, the adjustment in quantities would result in a new contract amount of $934,804.00; 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. 2, in the amount of $17,574.00 for additional work described above, thereby increasing the total contract amount to $934,804.00 for the second phase of the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals Project- Calder Avenue, E. Lucas Drive, and Washington Boulevard. 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 30th day of April, 2024. - Mayor Roy West - CITY OF BEAUMONT Date: April 4, 2024 Project: HSIP Interconnect Signals - Calder, Lucas, and Washington (CCSJ 0920-38-279) Owner: City of Beaumont Traf-Tex, Inc. 1 Contractor: Change Order No.: THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: The original antennae specified in the plans (Panorama LPAM-BC3G) was not the correct anntenna for this application and has been replaced with MA 1505 SYNERGY ANTENNAE. Original Quantity New Quantity Change Order Item No. Item Code Description Unit Unit Price Amount ADD 9608 6001 CELL MODEM ANTENNA EA 0 - 24 - $ 732.25 $ 17,574.00 SUBTOTAL $17,574.00 DELETE - - - - - - SUBTOTAL $ - TOTAL AMOUNT OF THIS CHANGE ORDER $ 17,574.00 THERE WILL BE NO CHANGES TO THE CONTRACT TIME BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: $ $ $ 917,230.00 NET FROM PREVIOUS CHANGE ORDERS: - TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: 17,574.00 1.92% 1.92% $ 934,804.00 ORIGINAL CONTRACT TIME: 49 Working Days 0 Working Days 0 Working Days 49 Working Days ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS: ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER: REVISED CONTRACT TIME: DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 Change Order Checklist Form 2146 (Rev. 07/23) Page 1 of 2 CSJ: 0920-38-279 Change Order No: 2 Project: STP 2023(888)HESG Highway: VA CO Amount: $17,574.00 Contractor: TRAF-TEX, INC. Area Engineer: Dave Collins Level of Approval: Area Engineer County: Jefferson Orig. Cont. Amt.: $917,230.00 Funding Note: FHWA approval/review is required as dictated on the S&O Plan for TxDIP (formally PoDI) projects, coordinate with DCO CO Type: Non-Participating (Federal) Yes No NA Has the CO type been verified? Has CO Funding Work Program (WP) & Category (CAT) been approved by appropriate Division and/or TP&D? If YES, has entry for WP & CAT been entered in SM funding window? Does CO impact 3rd party funding? If YES, has a 3rd party funding Notification Sheet (Form 2146-AFA) been sent and signed by the 3rd party? (coordinate with DCO) Does CO require a new or revised funding agreement? If YES, has CSD reviewed the revised funding agreement? General Yes No NA Does the CO Description include statements addressing the following (Ch7 CCAM):  What, where and why?  Price justification containing fair and reasonable statement  Plan sheets (new, removed or modified)  Environmental clearance  Time impact analysis or time extension letter if time extension needed For CO extending MNT contracts under SP to Item 4 (or Item 10 language for MMC/TMC contracts) use CO reason code 3S and include the following statement in CO: "Contractor has complied with terms and conditions of the original contract." Supporting documentation included? Does this work change the scope of the project? (Ch7 CCAM) If so, has the DE (for State Jobs) or CST (for Federal Jobs) given their approval? Does this CO increase/decrease the original contract amount within the acceptable district limits? The summation of all CO's is recommended to be less than 5% of the original contract. Does this CO increase/decrease the project limits? (Ch7&16 CCAM) If YES, has the DE or appropriate Division given their approval? Stock Account Materials Yes No NA Is CO receiving materials into stock? Has the AO coordinated with Maintenance to create Stock Account Material items? If received from Contractor, have materials been set up in MMS? (coordinate with MNT) TDLR Yes No Are pedestrian elements increased to $50,000 or more? If YES, coordinate with the DCO to have RAS vendor review plan sheets and provide TDLR registration. (Ch7 CCAM) Note: Ensure review comments are addressed prior to CO approval. Environmental Yes No NA Is CO work within the scope of the original environmental assessments and reviews? Does the added work disturb additional soil? If YES, has the CO been reviewed and/or approved for environmental considerations, obligations or commitments by the District Environmental Specialist / DEQC? Have the necessary clearances or permits been obtained to address any increased impacts? Does the added work increase the total disturbed area greater than 1 acre threshold? If so, does the project have an SW3P DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 Form 2146 (Rev. 07/23) Page 2 of 2 Other Yes No NA Does CO require form 1295? If so, ensure form is attached and acknowledged on Texas Ethics Commission web site? Does CO increase or decrease DBE committed items of work? Has signed CO packet been e-mailed to DCO/ CST/Stakeholders and etc.? Signatures Yes No NA Is CO signed by the Contractor? Is CO signed and sealed by correct signature authority (Area Engineer/DOC/DE)? Dates 03/19/24 Date CO reviewed by DCO? 03/19/24 03/19/24 03/26/24 Date CO given to District Environmental Quality Coordinator (DEQC) for review/approval? Date CO reviewed by DEQC Date CO reviewed and approved by appropriate signature authority (Area Engineer/DOC/DE) Notes DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 MEMO March 21, 2024 To: Kenneth Wiemers, P.E. Director of Construction From: Subject: Dave Collins, P.E. Beaumont Area Engineer Change Order # 2 Replace Antennas Project: F 2023(888) Control: 0920-38-279 Highway: VA County: Jefferson This change order is requested by the Beaumont Area Office and City of Beaumont addresses the replacement of cell modem antennas as the project wide specified antenna (Panorama LPAM-BC3G) was not the correct antenna for this application. The contractor reached out to the supplier and the non-refundable 24 planned antennas were c already purchased before it was realized those would not function as intended. Therefore, the supplier recommended the correct antenna MA 1505 SYNERGY ANTENNAS. The City of Beaumont has taken ownership of the already purchased antennas. The Engineer of Record (EOR) with the City of Beaumont has evaluated this replacement antenna and has agreed to replace and fund the 24 said correct antennas. Total Amount: $17,574.00 CO Type: Non-Participating Reason Code: (1) 1C (2) 3F Pre-authorization in writing from the Area Engineer & City of Beaumont, Y, (Within the Packet) New or modified plan sheets: N, Justification for new item prices: Y, (Within the Packet). No additional time requested for this change order. • • DEQC reviewed this CO and approved for environmental compliance. (Within the Packet). Price justification based on submitted cost break down from the contractor for the additional work in which the City of Beaumont has found to be a fair and reasonable price for the additional work including the material and incidentals, and allowable markup (Within the Packet). OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Through collaboration and leadership, we deliver a safe, reliable, and integrated transportation system that enables the movement of people and goods. An Equal Opportunity Employer DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 3/26/2024 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 PRICE JUSTIFICATION Project CSJ Contractor STP 2023(888)HESG 0920-38-279 TRAF-TEX, INC. Highway County CO # VA Jefferson 2 CO Description This change order is requested by the Beaumont Area Office and City of Beaumont addresses the replacement of cell modem antennas as the project wide specified antenna (Panorama LPAM-BC3G) was not the correct antenna for this application. The contractor reached out to the supplier and the non-refundable 24 planned antennas were c already purchased before it was realized those would not function as intended. Therefore, the supplier recommended the correct antenna MA 1505 SYNERGY ANTENNAS. The City of Beaumont has taken ownership of the already purchased antennas. The Engineer of Record (EOR) with the City of Beaumont has evaluated this replacement antenna and has agreed to replace and fund the 24 said correct antennas. This office has reviewed the unit prices submitted by the contractor and found them to be fair and reasonable for the following items: Bid Item Quantity Unit Price Description Submitted 9608-6001 24.000 EA $ 732.250 CO#2 Cell Modem Antenna Justification Statement: Price justification based on submitted cost break down from the contractor for the additional work in which the City of Beaumont has found to be a fair and reasonable price for the additional work including the material and incidentals, and allowable markup. Rev. 12/10 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 2 Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. 1. Outside funding provided by: CCSJ: 0920-38-279 Project: Highway: County: District: City of Beaumont STP 2022(538)HESG CS (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: Existing Amended New Jefferson [ Check one ] Beaumont 3. Indicate the type and amount of funding: Fixed Price (Lump Sum) Contract $17,574.00 Number: 08223050 (Estimated Amount ) Actual Cost (a) Contract Items (Bid Items): (b) E&C*: $17,574.00 Use as needed: I hereby acknowledge notification of the modifications (a) x = $0.00 covered by this Change Order. enter % TOTAL $17,574.00 Date By Typed/Printed Name Typed/Printed Title * The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in the "Estimated Cost" of the project. Funding for this Change Order has been arranged: 3/26/2024 Date Typed/Printed Name: Dave Collins TXDOT Form 2146-AFA DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development STATE OF TEXAS § COUNTY OF T RAVIS § ADVANC E FUNDING AGREEMENT For Highway Safety Improvement Program Off-System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of Beaumont, acting by and through its duly authorized officials, called the “Local Government”. The State and Local Government shall be collectively referred to as “the parties” hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116073 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as 2020 HSIP Interconnect Signals. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated March 7, 2023, which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a part of this Agreement. AFA LongGen Page 1 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 N/A Utilities Article 8 Article 9 Article 11 Article 12 Article 14 2. Local Government 3. Local Government 4. State Environmental Assessment and Mitigation Architectural and Engineering Services Construction Responsibilities 5. N/A Right of Way and Real Property 2. 3. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. Scope of Work The scope of work for the Project consists of interconnecting signals on various streets. 0920-38-279 includes interconnecting signals on Calder Street from North 14th Street to Main Street. 0920-38-283 includes interconnecting signals on Lucas Drive from southbound Eastex Freeway to Bigner Road. 0920-38-285 includes interconnecting signals on Washington Boulevard from 11th Street to MLK Parkway. 4. Project Sources and Uses of Funds The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled “Local Government Project Procedures and Qualification for the Texas Department of Transportation” and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may AFA LongGen Page 2 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. E. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. F. G. H. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State’s written notification of additional funds being due. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government’s requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment B. At a minimum, this amount shall equal the Local Government’s funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction cost. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. I. J. K. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. The State will not pay interest on any funds provided by the Local Government. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §15.56, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. L. M. N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. P. Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development the state auditor with access to any information the state auditor considers relevant to the investigation or audit. R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. Termination of This Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. B. The Agreement is terminated in writing with the mutual consent of the parties; The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government’s proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or C. D. E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 6. 7. 8. Ame ndme nts Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. Utilities The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government’s failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds AFA LongGen Page 5 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State’s request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is commenced. 9. Environmental Asse ssme nt and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. The cost of any environmental problem’s mitigation and remediation. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the Project schematic. B. C. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. 11. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101- 336) (ADA). Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State’s Standard Specifications for Construction and Maintenance of Highway s , Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for AFA LongGen Page 6 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the Local Government. 12. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. C. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. F. If the Local Government is the responsible party, the State must review and approve change orders. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form “FHWA-1273” in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. AFA LongGen Page 7 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development 14. 15. Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of Beaumont ATTN: City Manager 801 Main Street Suite #300 Beaumont, TX, 77701 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 17. 18. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. AFA LongGen Page 8 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development 19. 20. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. . Compliance with Laws The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 21. 22. 23. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement’s subject matter. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. Procurement and PropertyManagement Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government’s procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHW A and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHW A under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHW A and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. AFA LongGen Page 9 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. B. C. D. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government’s obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHW A to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHW A, as appropriate, and will set forth what efforts it has made to obtain the information. E. F. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHW A may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). C. D. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. F. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. H. I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. AFA LongGen Page 11 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development K. L. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise (DBE) ProgramRequirements If federal funds are used: A. B. C. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting its actions. D. E. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot- info/bop/dbe/mou/mou_attachments.pdf. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, whic h may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications If federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. C. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, AFA LongGen Page 13 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and T ransparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09- 14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09- 14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to the State if: i. More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT’s Compliance Division by email at singleaudits@txdot.gov. C.fiscal If expenditures are less than the threshold during the Local Government's year, the Local Government must submit a statement to TxDOT's Compliance AFA LongGen Page 14 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development Division as follows: "We did not meet the $______ expenditure threshold and therefore, are not required to have a single audit performed for FY ______." For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. D. AFA LongGen Page 15 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party’s signature. THE STATE OF T EXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Kenneth R. Williams Typed or Printed Name Typed or Printed Name Director of Contract Services City Manager Typed or Printed Title Typed or Printed Title 3/21/2023 3/20/2023 Date Date AFA LongGen Page 16 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279, 0920-38-283, CSJ # 0920-38-285 CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID zZ00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research & Development ATTACHMENT A LOCATION MAP SHOWING PROJECT 0920-38-279 Project Location: Calder Avenue from 14th St. to Main Street. Page 1 of 3 AFA LongGen Attachment A DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279, 0920-38-283, CSJ # 0920-38-285 CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID zZ00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research & Development ATTACHMENT A LOCATION MAP SHOWING PROJECT 0920-38-283 Project Location: Lucas Drive from southbound Eastex Freeway to Bigner Road. Page 2 of 3 AFA LongGen Attachment A DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279, 0920-38-283, CSJ # 0920-38-285 CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID zZ00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research & Development ATTACHMENT A LOCATION MAP SHOWING PROJECT 0920-38-285 Project Location: Washington Boulevard from 11th Street to MLK Parkway. Page 3 of 3 AFA LongGen Attachment A DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID Z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development ATTACHMENT B PROJECT BUDGET Costs will be allocated based on 100% Federal funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Estimated Federal Cost Participation Cost State Participation % Local Participation % Cost % Cost Environmental (by Local $1 Government) 0% $0 0% $0 0% $1 0% $1 0% $0 0% $0 0% $0 Engineering (by Local Government) $1 0% $0 0% 0% 0% 0% $0 $0 $0 $0 Construction (by State) $396,306 0920-38-279 Construction (by State) $227,304 0920-38-283 Construction (by State) $440,340 0920-38-285 100% $396,306 100% $227,304 100% $440,340 Subtotal $1,063,952 $1,063,950 0% $0 $0 $0 $2 Environmental Direct State Costs Engineering Direct State $5,000 $1,500 0% 0% 0% DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT:: Federal Highway Administration: 0920-38-279,0920-38-283, CSJ285 # 0920-38-CFDA No. CFDA Title 20.205 District # 20-BMT AFA ID z00003828 Highway Planning and Construction Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals AFA Not Used For Research& Development ATTACHMENT C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER Page 1 of 1 AFA LongGen Attachment C 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: April 30, 2024 REQUESTED ACTION: Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets. BACKGROUND The proposed annual premium for Property, Equipment Breakdown, and Terrorism is based on a total insured value of $334,615,034. The cost of the policy for this year is $2,698,180.50, a $641,292.74 decrease from last year’s premium of $3,330,473.24. The policy renewal will be in effect from May 1, 2024 to May 1, 2025. Companies providing our insurance are Texas Municipal League Intergovernmental Risk Pool, Texas Windstorm Insurance Association, and the remaining windstorm and hail policies are layered with exposure limited to the amount of damage incurred. All risk coverage, including Flood up to $5,000,000, Boiler and Machinery up to $50,000,000, and Terrorism Coverage up to $25,000,000, is provided by Texas Municipal League Intergovernmental Risk Pool. Windstorm provided by Texas Windstorm Insurance Association will have a limit of $60,507,684. The remaining carriers, Velocity, Core Specialty/Starstone, Lexington, Axis, Sompo, Westchester, AmRisc, Westfield, RSUI, Spectrum, Arch, Markel, and Kinsale will provide an additional $50,000,000 in windstorm and hail coverage. The deductibles per occurrence for the new policy are as follows: Deductibles $50,000 Per Occurrence as respects to All Other Perils, Except as noted below: Earth Movement: The lesser of 1% of the value of each building damaged or 1% of the total building value for all buildings scheduled. Wind & Hail: 1% per item, minimum $1,000 per item with TWIA. 3% per item, subject to a $250,000 minimum with various carriers. Flood: The lesser of 1% of the value of each building damaged or 1% of the total building value for all buildings scheduled. 2% in a Named Storm. FUNDING SOURCE General Fund. RECOMMENDATION Approval of Resolution. ATTACHMENTS 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 contract for property, equipment breakdown, and terrorism insurance for an annual premium amount of $2,698,180.50 provided by Texas Municipal League Intergovernmental Risk Pool, Texas Windstorm Insurance Association, and AmRisc, Velocity Risk Underwriters (Lloyds), Starstone Specialty, AXIS Surplus Lines Insurance Company, Arch Specialty, Markel, Kinsale, Spectrum, Westfield, Sompo, Lexington, Westchester, and RSUI Indemnity Insurance Company effective May 1, 2024; boiler and machinery coverage, and terrorism insurance coverage provided by Texas Municipal League Intergovernmental Risk Pool effective May 1, 2024. 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 30th day of April, 2024. - Mayor Roy West - WINDSTORM INSURANCE PROPOSAL FOR CITY OF BEAUMONT Eﬀecve May 1, 2024 500 Dallas Street, Suite 1400  Houston, TX  77002 Phone: 713-787-2400 www.VictorInsurance.com Victor Insurance Managers LLC 500 Dallas Street, Suite 1400, Houston, TX 77002 VICTOR INSURANCE MANAGERS LLC April 11, 2024 Marisa Arceneaux Liability Administrator City Attorney’s Office 801 Main Street Beaumont, Texas 77701 RE: WINDSTORM-HAIL INSURANCE PROPOSAL City of Beaumont Marisa, Victor Insurance Managers is pleased to provide you with the attached 2024 windstorm/hail, & flood proposal. In February, Victor Insurance obtained a broker of record for City of Beaumont’s windstorm insurance coverage placement for 2024. To ensure that we offered the most favorable terms and conditions for the city, Victor Insurance Managers, in collaboration with our wholesale broker, conducted an extensive marketing effort. Our team utilized creative underwriting strategies and led internal team meetings to carefully analyze and negotiate optimal terms that align with the City of Beaumont requirements. Thank you for considering our proposal. We are confident that our expertise, industry knowledge, and commitment to exceptional service will make us a great partner for the City of Beaumont. Please review, and we will arrange a meeting to discuss the quotes in detail. I can be reached at 713-787-2424 or you can email me at Heena.Patel@Victorinsurance.com. Sincerely, Heena Patel Senior Account Executive, Vice President Victor Insurance Managers LLC Victor Insurance Managers LLC 500 Dallas Street, Suite 1400, Houston, TX 77002 VICTOR INSURANCE MANAGERS LLC City of Beaumont, Texas 2024 Windstorm-Hail Insurance Proposal Executive Summary We appreciate the City of Beaumont giving us the opportunity to quote its windstorm and hail coverage, and we are pleased to present you with our comprehensive proposal for consideration. Victor Insurance Managers, with expertise in public entity insurance, has conducted a thorough marketing effort, utilizing creative underwriting and technical skills. Our proposed structure consists of approximately 15-16 windstorm policies as well as about 55 flood policies at a total cost of slightly under $2.9 million. Proposal Summary Through our diligent efforts, Victor Insurance has effectively enhanced the terms and conditions of the insurance coverage in various aspects: 1. Overall total insurable value increased by over 2.5%. Despite the increased values, we are pleased to offer insurance that is approximately 12% lower than the expiring cost, providing the city with significant savings. 2. Separate Limits for Property and Wind/Hail—which will enhance the city's ability to manage risks effectively. The expiring policy had a combined limit of $50 million for property and windstorm, whereas our proposal offers separate limits and higher limits for property and wind/hail. 3. Enhanced Limits: Our proposal includes full limits for special forms, offered by the Texas Municipal League Intergovernmental Risk Pool (TMLIRP), as well as a $50 million loss limit for windstorm and hail coverage in the open market. Additionally, an additional $60.5 million in windstorm limits is covered through the Texas Windstorm Insurance Association (TWIA). 4. Deductible Reduction: The locations covered through TWIA are at 1%, compared to the expiring policy's 3% deductible for named storms. This reduction in deductible will result in lower out-of- pocket costs for the city. 5. Increased Flood Coverage: By adding TML flood limit and the NFIP separate flood quotes, we have been able to offer $43 million in flood coverage, a significant increase from the expiring policy's $15 million coverage. Furthermore, our proposal includes a low flat deductible for flood policies placed through NFIP. Refer to TML quote for its flood deductibles. 6. Roof Replacement Cost: TWIA offers full replacement cost coverage for roofs. This enhancement ensures that the city's assets are adequately protected. Victor Insurance Managers LLC 500 Dallas Street, Suite 1400, Houston, TX 77002 VICTOR INSURANCE MANAGERS LLC 7. Wind Driven Rain Coverage: The renewal terms include $1 million in wind-driven rain coverage, which was excluded in the expiring policy. This additional coverage provides comprehensive protection for the city's assets. Please see proposal details contained in our formal response for all terms and conditions of the various options. Limitations 1. Terrorism and Earthquake Coverage: While the expiring policy provided $100 million in terrorism coverage and $15 million in earthquake coverage, our renewal terms offer $25 million in terrorism coverage and $5 million in earthquake coverage. 2. Maximum Building Limitation: Each structure insured through TWIA will have a maximum building limitation of $4.424 million. 3. 1st installment TWIA payment must be received prior to effective date. 4. NFIP policies offer maximum $500,000 building and $500,000 contents at actual cash value coverage. 5. There is a 30 day grace period for NFIP before coverage becomes effective. Victor Insurance Managers LLC Victor has been in business for over 65 years and has had a Houston based team dedicated to public entities for over 40 years. Our office has been the exclusive broker for Texas Municipal League Intergovernmental Risk Pool (TMLIRP) since 1983 and currently serves the windstorm needs of over one hundred TMLIRP members along the Gulf Coast. Victor was the agent of record for windstorm coverage in the early 2000’s. We are confident that our experience, capabilities, and enclosed proposals will give us the opportunity to serve the City of Beaumont and your windstorm needs once again. Servicing Plan The Victor Houston team consists of seven full time employees with over 100 years of combined public entity experience. The details of our following proposal will demonstrate that we will exceed all your servicing criteria as it relates to our overall experience, servicing capabilities, agency resources, technical skills, and capabilities specific to windstorm. Our servicing plan for the city is comprised primarily of two components – a general service plan as it relates to your policy management, and a claim servicing plan in the event of a claim. The details of our proposal will highlight each of these plans with a single point of contact for servicing or for reporting claims. Although you will have a single point of contact, our entire Houston team will be available to respond to all your service needs and be your advocate for claims. Victor Insurance Managers LLC 500 Dallas Street, Suite 1400, Houston, TX 77002 VICTOR INSURANCE MANAGERS LLC Conclusion Thank you again for the opportunity to present this proposal for your consideration. Victor Insurance Managers, in collaboration with our wholesale partner, has worked diligently to offer the City of Beaumont a windstorm insurance proposal that not only reduces the total cost but also provides higher and separate limits for wind/hail, flood, and all other perils compared to the expiring policy. As demonstrated in our history with Beaumont, we are confident our experience and technical expertise will exceed your service expectations while executing a proven strategy to ensure you receive the most competitive windstorm options now and in the future. We look forward to partnering with the City of Beaumont. Victor Insurance Managers LLC 500 Dallas Street, Suite 1400, Houston, TX 77002 VICTOR INSURANCE MANAGERS LLC Mike McClanahan, Program Manager 713-787-2431 Heena Patel, Senior Account Executive 713-787-2424 Ann Ruot, Supervisor 713-787-2437 Jessica Mendez, Account Executive 713-787-2412 Elizabeth Torres, Account Executive 713-787-2413 Sheri Read, Associate Account Executive 713- 787-2425 Belinda Wallace, Account Executive 713-787-2405 VICTOR INSURANCE MANAGERS LLC SERVICING CRITERIA FORM 1. Number of Years in Business:  Victor Insurance Managers LLC (Victor) has been a leading underwriting manager of professional liability and specialty lines of coverage for over 65 years, with a dedicated public entity team for over 40 years. 2. Size of agency and staff:  The Houston Public Entity Group is made up of seven full-time employees. 3. Experience of staff:  The group has over 100 years combined public entity experience with the majority of our business located in Texas. As such, we are well versed in the needs of public entities within the state. 4. Professional servicing capabilities:  The team’s public entity experience and knowledge, our access to markets, and our relationship with TMLIRP, allows us to provide the necessary coverages for members with exposures not covered in the TMLIRP program.  The combined relationship with TML means a single point of contact for claims reporting and coordination.  An annual review of the windstorm property schedule with the City and with the current TML property coverage schedule allows us to identify any location and/or coverage changes necessary. 5. Capability and willingness of agency resources to personally respond to the professional needs of the insured in a timely manner:  The group works together to ensure that you are always able to contact someone during business hours. 6. Technical skills of staff:  The Houston Public Entity Group has provided a broad array of services to TMLIRP for more than 40 years including, but not limited to, underwriting and policy administration, marketing, accounting, consulting, reinsurance placement, claims management & loss control. TMLIRP is one of the largest public entity pools in the country.  Victor currently writes over 500 windstorm/hail policies for TMLIRP members. 7. Service Plan:  Victor Insurance is committed to providing outstanding service and support for your windstorm insurance needs. Our comprehensive servicing plan encompasses review of schedules, binders, quotes, as well as conducting visits, facilitating policy deliveries, and advocating for claims within a timely manner.  With our dedicated team, we will aim to address any inquiries promptly within a 24-hour timeframe during business hours.  Our core point of contact will be Heena Patel and can be reached via email at Heena.Patel@victorinsurance.com or by phone at 713-787-2424. However, our commitment extends beyond individual contacts. Our entire Houston team is available to respond to service requests. The qualifications of our personnel are detailed in the individual resumes included in this submission.  The accompanying flow chart will further outline servicing and claims handling expectations. VICTOR INSURANCE MANAGERS LLC Windstorm Claim Reporting & Servicing Contact Claims Department for initial notificaton (TMLIRP or Company Direct) TMLIRP reports claims to carriers within 24-48 hours of initial contact A field adjuster should be contacting you within 24-48 hours of receipt of claim assignment Provide any paperwork as requested (ex: ACORD Loss Notice) •cc: to Heena.Patel@victorinsurance.com Exceptions to 24-48 hour contact: • Dire situations - advise your intitial contact (and Victor) of urgent circumstances so the claims administrator and field adjuster can prioritize • Wide spread outages of power and phones can result in circumstances that may cause the inability to reach you within 24-48 hours VICTOR INSURANCE MANAGERS LLC CLAIMS SERVICES FORM 1. What is the location of the office that will be handling the City's account? TMLIRP Victor Insurance Managers PO Box 149194 500 Dallas St., Ste 1400 Austin, TX 78714 Houston, TX 77002 1-800-537-6655 713-787-2400 alpmail@tmlirp.org publicentities.us@victorinsurance.com 2. Describe any special assistance you will provide to the City with regard to underwriting information, or settling claims. Due to our relationship with TMLIRP, Victor Account Executives work closely with their underwriters, claims department, and Member Service Managers. Victor is provided copies of property schedules and any pertinent underwriting information obtained by TMLIRP. 4. Other relevant information Due to the commitment of Victor Account Executives, we are readily available to meet with the City upon their request. We provide a personal but professional rapport with contacts at the public entities we service. In addition, we pride ourselves in customer service and teamwork within our office. 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution approving the repair of a pump for Lawson’s Pump Station. BACKGROUND Lawson’s Pump Station pumps raw water from Bunn’s Canal to the Pine Street Surface Water Treatment Plant. The station operates three (3) vertical shaft high service pumps with variable frequency drives. In August 2023 the first Lawson’s raw water pump failed and was brought to council for emergency repair. The second pump failed and was brought to council for emergency repair in February 2024. All three raw water pumps in the Lawson’s Pump Station were installed at the same time and have the same hours of operation since installation. With the failure of the first two pumps, the final pump is being pulled for rebuilding prior to failure. Triangle Rotating Equipment Specialists (TRES) of Nederland, TX, was hired to extract the pump, transport it to their repair shop, disassemble and inspect the pump, and determine what repairs, if any, are required. With TRES performing the tear down and inspection of the pump, the award to them of the repair is considered Best Value to the City. The repair scope of work is to: • Repair all bowl bushings, enclosing tube bushings, tension tube nut and tail bowl bearing. • Check all shafts to ensure they are straight, polish and re-use if no wear in bearing areas. (The first two pumps had to have the shaft replaced) • Put rotating end in and check for run out on impeller ring and clearance. If ring clearance is bad there will be additional costs. (The last pump repaired was OK) • Sand blast pump. Put 6 mills of primer and 3 mills of finish coat. Paint to be compatible with drinking water. • TRES to furnish freight and customer to furnish crane and miscellaneous bolting. • TRES to furnish two technicians in the field to assist in removing motor and pump to reinstall both. Set lift and run. The work is expected to be completed before the end of August. All work not to exceed $68,900. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS TRES Teardown Quote #42129 & 42130 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized the repair of a pump for the Lawson’s Pump Station in an amount not to exceed $68,900.00 from Triangle Rotating Equipment Specialists (TRES) of Nederland, 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 30th day of April, 2024. _______________________________ - Mayor Roy West - 100% $1,500 0% $0 0% $0 $0 $0 100% $5,000 100% $96,000 Costs Construction Direct State $96,000 Costs Indirect State Costs $48,000 0% $0 100% $48,000 0% $0 TOTAL $1,214,452 $1,063,950 $48,000 $102,502 Initial payment by the Local Government to the State: $6,500.00 Payment by the Local Government to the State before construction: $96,000.00 Estimated total payment by the Local Government to the State $102,502.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment B following assurance: The contractor, sub-recipient, or sub-contractor shall not AFA LongGen Page 12 of 16 Rev. 12/10/2021 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to MK Constructors for the Jefferson Street Infrastructure Repair Project. BACKGROUND On August 15, 2023, by Resolution No. 23-226, City Council awarded a contract to MK Constructors, of Vidor, in the amount of $327,285.00, for the Jefferson Street Infrastructure Repair Project. Previous Change Order No. 1, in the amount of $22,768.00, is attached for your review. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $57,890.00 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Jefferson Street Infrastructure Repair Final Invoice RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on August 15, 2023, by Resolution 23-226, City Council awarded a contract to MK Constructors, of Vidor, Texas, in the amount of $327,285.00, for the Jefferson Street Infrastructure Repair Project; and, WHEREAS, previous Change Order No. 1, in the amount of $22,768.00 resulted in an increase to the original contract making the new contract amount $350,053.00; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to accept maintenance and make final payment to MK Constructors, of Vidor, Texas in the amount of $57,890.00 for the Jefferson Street Infrastructure Repair Project; and, BE IT FURTHER RESOLVED THAT the Jefferson Street Infrastructure Repair Project be and the same is hereby accepted; and, 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 30th day of April, 2024. - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Invoice #002.004 - Final for Invoices/Pay Apps PW0723-11 - Jefferson Street Infrastructure Repair Project, 801 Main Street, Beaumont, Texas 77701 USA Friday, Apr 19, 2024 Invoice Details Amount Due: 57,890.00 Contract Contract - 002 Jefferson Street Infrastructure Repair Construction Invoice # 002.004 - Final Description MK Constructors - Jefferson Street Infrastructure Repair Construction Invoice Date Apr 15, 2024 Pay Period Jan 01, 2024 to Apr 15, 2024 Final Invoice Yes Grand Total $42,513.00 Payment To Eric Gilchriest 25815 (MK Constructors) Created By David Tingle (City of Beaumont) Create Date Feb 12, 2024 03:01 PM CST Invoice ID 972 Retainage Work Completed % 5.00 Materials Stored % 5.00 Line Items Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount Change Order No. 1 - Contract Items 003 003 REMOVING CONCRETE 68.80 @ 33.00 = 2,270.40 0.00 0.00 SY 33.00 2,270.40 0.00 2,270.40 Grand Total 350,053.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount (SIDEWALK OR RAMP) 013 013 REMOVE STR (MANHOLE) -1.00 @ 625.00 = -625.00 0.00 0.00 EA 625.00 -625.00 0.00 -625.00 018 018 CONC SIDEWALKS AND RAMPS (CLASS A) 68.80 @ 327.00 = 22,497.60 0.00 0.00 SY 327.00 22,497.60 0.00 22,497.60 022 022 SAN SEWER MANHOLE (48") -1.00 @ 10,150.00 = -10,150.00 0.00 0.00 EA 10,150.00 -10,150.00 0.00 -10,150.00 022A 022A SAN SEWER MANHOLE MODIFICATIONS (SEE SCOPE OF WORK CO. 1) (48" FIBERGLASS MH TO BECOME CITY PROPERT 1.00 @ 8,775.00 = 8,775.00 8,775.00 0.00 EA 8,775.00 0.00 0.00 8,775.00 Contract Items 001 001 REMOVING CONCRETE (PAVEMENT) Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 006 006 FL BS (CMP IN PLACE) (TY A GR 1-2) (8") 900.00 @ 46.00 = 41,400.00 41,400.00 0.00 SY 46.00 0.00 0.00 41,400.00 007 007 CONC PVMT (CONT REINF - CRCP) (7") 840.00 @ 126.00 = 105,840.00 105,840.00 0.00 SY 126.00 0.00 0.00 105,840.00 008 008 CEMENT STAB BACKFILL (INLET OR MH) 110.00 @ 206.00 = 22,660.00 22,660.00 0.00 CY 206.00 0.00 0.00 22,660.00 009 009 RAIL (HANDRAIL) (REMOVE AND REUSE) 35.00 @ 117.00 = 4,095.00 0.00 0.00 LF 117.00 4,095.00 0.00 4,095.00 010 010 INLET (COMPL) (CURB) (TY C) 4.00 @ 6,795.00 = 27,180.00 27,180.00 0.00 EA 6,795.00 0.00 0.00 27,180.00 011 011 MANH (COMPL) (TYPE M) 1.00 @ 8,369.00 = 8,369.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount AND RAMPS (CLASS A) 16,350.00 019 019 IN SM RD SN SUP&AM TYTWT(1)UB(P) 1.00 @ 625.00 = 625.00 0.00 0.00 EA 625.00 625.00 0.00 625.00 020 020 REFL PAV MRK TY I (W) 24" SLD (100 MIL) 42.00 @ 75.00 = 3,150.00 0.00 0.00 LF 75.00 3,150.00 0.00 3,150.00 021 021 ADS HP STORM PIPE 18" 240.00 @ 100.00 = 24,000.00 24,000.00 0.00 LF 100.00 0.00 0.00 24,000.00 022 022 SAN SEWER MANHOLE (48") 1.00 @ 10,150.00 = 10,150.00 0.00 0.00 EA 10,150.00 10,150.00 0.00 10,150.00 Grand Total 350,053.00 Summary 1. Contract Sum + Amendments 327,285.00 2. New Change by Change Request 22,768.00 3. Contract Sum To Date (Line 1 + Line 2) 350,053.00 4. Total Completed & Stored To Date 350,053.00 5. Retainage 5a. 5.00% of Completed Work (Column I on Continuation Sheet) 0.00 5b. 5.00% of Stored Material (Column J on Continuation Sheet) 0.00 Total Retainage (5a + 5b) 0.00 Group 3.0 Construction Accounting and Status Capital Funding Source Design - Jefferson Street Infrastructure Repair Project Capital Project Fiscal Year 2024 PO Number 441207 Approval (Pending) Due Date: Apr 22, 2024 User / Role Status Comments Mike Kelley (External-GC) Approved Apr 15, 2024 09:39 AM CST David Tingle (Project Manager) Approved Apr 15, 2024 09:40 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Apr 15, 2024 01:24 PM CST Bart Bartkowiak (Director) Approved Apr 15, 2024 02:13 PM CST Admin Pending pmnotiﬁcations@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to TRP Construction Group, LLC, of Haltom City, Texas, for the Citywide Pavement Markings – Phase III Project. BACKGROUND The Citywide Pavement Markings – Phase III project consists of the removal/installation of pavement markings on the following streets: 23rd Street, Kelly Drive, Wendelin Drive, Langham Road, and Washington Boulevard. On April 18, 2024, one (1) bid was received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $314,000.00. The bid total is indicated in the table below: Contractor Location Base Bid Amount TRP Construction Group, LLC Haltom City, TX $321,608.72 The Public Works Engineering staff recommends this project be awarded to the bidder, TRP Construction Group, LLC in the amount of $321,608.72. A total of 120 calendar days are allocated for completion of the project. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Citywide Pavement Markings – Phase III Bid Tab RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 18, 2024, bids were solicited for a contract for the Citywide Pavement Markings- Phase III Project; and, WHEREAS, TRP Construction Group, LLC, of Haltom City, Texas, submitted a bid in the amount of $321,608.72; and, WHEREAS, the City Council is of the opinion that the bid submitted by TRP Construction Group, LLC, of Haltom City, Texas should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by TRP Construction Group, LLC, of Haltom City, Texas in the amount of $321,608.72 for the Citywide Pavement Markings- Phase III Project be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with TRP Construction Group, LLC, of Haltom City, Texas in the amount of $321,608.72 for the Citywide Pavement Markings- Phase III 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 30th day of April, 2024. - Mayor Roy West - 6. Total Earned Less Total Retainage 350,053.00 7. Less Previous Certificates for Payment 292,163.00 8. Current Amount Due 57,890.00 9. Balance to Finish, Including Retainage (Line 3 less Line 6) 0.00 Additional Info Line Item Type Unit price 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Jimmy Bevilacqua, Director of Facilities Maintenance, Interim MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, to the contract with Grant Mackay for the Demolition of two (2) structures at the AT&T Building. BACKGROUND On November 21, 2023, by Res. No. 23-356, City Council awarded a contract to Grant Mackay Company Inc., of Houston, TX, in the amount of $756,786.15 for the demolition of the two (2) structures at the AT&T Building. Proposed Change Order No. 1, in the amount of $17,732.23 is requested due to the need of asbestos removal. During the process of performing the demolition on the AT&T building a suspicious black mastic material was discovered on the outside perimeter of the slab. The material was not seen in the initial inspection and during removal of the building abatement due to materials buried below building grade on the outside perimeter of the building slab. Grant Mackay is a licensed asbestos removal company. If approved, Change Order No. 1 would result in a new contract amount of $774,518.38, with an additional three (3) calendar days to complete the work. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the resolution. ATTACHMENTS Proposed Change Order No. 1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 21, 2023, by Resolution 23-356, City Council awarded a contract to Grant Mackay Company Inc., of Houston, Texas, in the amount of $756,786.15, for the demolition of the two (2) structures at the AT&T Building; and, WHEREAS, proposed Change Order No. 1, in the amount of $17,732.23, is requests due to the need of asbestos removal, if approved, the adjustment in quantities would result in a new contract amount of $774,518.38; and, WHEREAS, an additional three (3) calendar days are needed to complete the work; 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 $17,732.23 for additional work described above, thereby increasing the total contract amount to $774,518.38 for the demolition of the two (2) structures at the AT&T Building; and, THAT an additional three (3) calendar days to be added to complete the work. 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 30th day of April, 2024. - Mayor Roy West - 8,369.00 0.00 EA 8,369.00 0.00 0.00 8,369.00 012 012 REMOVE STR (INLET) 5.00 @ 625.00 = 3,125.00 3,125.00 0.00 EA 625.00 0.00 0.00 3,125.00 013 013 REMOVE STR (MANHOLE) 2.00 @ 625.00 = 1,250.00 1,250.00 0.00 EA 625.00 0.00 0.00 1,250.00 014 014 REMOVE STR (PIPE) 319.00 @ 13.00 = 4,147.00 4,147.00 0.00 LF 13.00 0.00 0.00 4,147.00 015 015 MOBILIZATION 1.00 @ 13,000.00 = 13,000.00 11,700.00 0.00 LS 13,000.00 1,300.00 0.00 13,000.00 016 016 BIODEG EROSN CONT LOGS (INSTL) (12") 40.00 @ 13.00 = 520.00 260.00 0.00 LF 13.00 260.00 0.00 520.00 017 017 CONC CURB & GUTTER (TY 1) 340.00 @ 6.00 = 2,040.00 0.00 0.00 LF 6.00 2,040.00 0.00 2,040.00 018 018 CONC SIDEWALKS 50.00 @ 327.00 = 16,350.00 0.00 SY 327.00 0.00 0.00 16,350.00 Grand Total 350,053.00 173.00 @ 53.00 = 9,169.00 9,169.00 0.00 SY 53.00 0.00 0.00 9,169.00 002 002 REMOVING CONCRETE (CURB AND GUTTER) 340.00 @ 7.00 = 2,380.00 2,380.00 0.00 LF 7.00 0.00 0.00 2,380.00 003 003 REMOVING CONCRETE (SIDEWALK OR RAMP) 50.00 @ 33.00 = 1,650.00 1,650.00 0.00 SY 33.00 0.00 0.00 1,650.00 004 004 REMOVING STAB BASE AND ASPH PAV (8") 665.00 @ 29.00 = 19,285.00 19,285.00 0.00 SY 29.00 0.00 0.00 19,285.00 005 005 BLOCK SODDING 300.00 @ 23.00 = 6,900.00 0.00 0.00 SY 23.00 6,900.00 0.00 6,900.00 Grand Total 350,053.00 AFA LongGen Page 10 of 16 Rev. 12/10/2021 AFA LongGen Page 4 of 16 Rev. 12/10/2021 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Eastex Utility Construction, LLC, of Beaumont, for the Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Project. BACKGROUND The Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Project will clean and reshape the existing ditches, remove, and replace the existing surface inlets, and install new storm sewer within the project limits. The existing ditches that run alongside the Union Pacific Railroad are in need of this maintenance in order to restore their functionality and drain stormwater runoff from the adjacent areas. On April 18, 2024, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $100,000.00. The base bid items are totaled in the table below: Contractor Location Base Bid Eastex Utility Construction Beaumont, TX $177,333.00 Southern Style Services Sulphur, LA $946,156.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Eastex Utility Construction, LLC, in the amount of $177,333.00. A total of sixty (60) calendar days are allocated for project completion. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Bid Tab RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 18, 2024, bids were solicited for a contract for the Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Project; and, WHEREAS, Eastex Utility Construction, LLC, of Beaumont, Texas, submitted a bid in the amount of $177,333.00; and, WHEREAS, the City Council is of the opinion that the proposal submitted by Eastex Utility Construction, LLC, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Eastex Utility Construction, LLC, of Beaumont, Texas, in the amount of $177,333.00 for the Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Project be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Eastex Utility Construction, LLC, of Beaumont, Texas in the amount of $177,333.00 for the Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) 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 30th day of April, 2024. - Mayor Roy West - AFA LongGen Page 3 of 16 Rev. 12/10/2021 9 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a resolution authorizing the publication of a notice of intention to issue Certificates of Obligation in an amount not to exceed $12 Million. BACKGROUND There are many street, drainage, facility, and parks projects listed in the CIP that require additional funding to complete during FY2024. The proposed issue in an amount not to exceed $12 Million would be used to fund those projects. Issuance of the Certificates is tentatively scheduled for June 18, 2024 with the delivery and receipt of the proceeds by the City on July 23, 2024. Additionally, the City plans to issue revenue bonds in the amount of $60 Million that will fund water and sewer projects listed in the CIP for FY2024 and FY2025. These will come back to Council on June 18, 2024 for approval of issuance. FUNDING SOURCE All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION ISSUE CERTIFICATE OF OBLIGATION THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, the undersigned City Clerk of the City of Beaumont, Texas (the “City”), hereby certify as follows: 1. The City Council of the City convened in regular meeting on April 30, 2024, at the place stated in the notice of such meeting given as stated below, and the roll was called off the duly constituted official and members of said City Council, to wit: Roy West Mayor Albert Turner Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Councilmember Charles Durio Councilmember and all of said persons were present, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION ISSUE CERTIFICATE OF OBLIGATION Was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All those present voted “aye” NOES: ABSTENTIONS: 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said Resolution has been duly recorded in said City Council’s minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from the said City Council’s minutes of said meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place, and purpose of the aforesaid meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by the Texas Open Meetings Act. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, 2024. _______________________________ - Mayor Roy West – City Clerk City of Beaumont, Texas or is it added with CO? Does the added work increase the total disturbed area greater than 5 acres? If so, has the District and Contractor submitted an NOI request and filed it with TCEQ? Page 1 of 7 #501366805_v1 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, the undersigned City Clerk of the City of Beaumont, Texas (the “City”), hereby certify as follows: 1. The City Council of the City convened in regular meeting on April 30, 2024, at the place stated in the notice of such meeting given as stated below, and the roll was called of the duly constituted official and members of said City Council, to wit: Roy West Mayor Albert Turner Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Councilmember Charles Durio Councilmember and all of said persons were present, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION Was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion,, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All those present voted “aye” NOES: ABSTENTIONS: 2. That a true, full, and correct copy of the aforesaid resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said resolution has been duly recorded in said City Council’s minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from the said City Council’s minutes of said meeting pertaining to the adoption of said resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place, and purpose of the aforesaid meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by the Texas Open Meetings Act. Page 2 of 7 #501366805_v1 SIGNED AND SEALED this __________________, 2024. City Clerk City of Beaumont, Texas (SEAL) Page 3 of 7 #501366805_v1 RESOLUTION NO. R-24-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE PUBLICATION OF THE NOTICE OF INTENTION TO ISSUE CITY OF BEAUMONT, TEXAS CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000 FOR THE CONSTRUCTION OF PUBLIC WORKS AND ANY ITEMS RELATED THERETO AND FOR THE PAYMENT OF CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES; AND CONTAINING OTHER PROVISIONS RELATING THERETO WHEREAS, the City Council (the "City Council") of the City of Beaumont, Texas (the "City"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred for the construction of public works and machinery, any items related thereto, and for the payment of contractual obligations for professional services pursuant to Subchapter C of Chapter 271, Texas Local Government Code, as amended; and WHEREAS, the City Council has determined that it is in the best interest of the City and otherwise desirable to issue certificates of obligation in a principal amount not to exceed $12,000,000 (the "Certificates of Obligation") for the purpose of (1) the construction of public works, more specifically, the construction and improvement of roads and the drainage system, and any items related thereto, and (2) payment of professional services incurred in connection with item (1); and WHEREAS, pursuant to Section 271.049 of the Texas Local Government Code, prior to the issuance of the Certificates of Obligation, the City is required to publish notice of its intention to issue the Certificates of Obligation (the “Notice”) in a newspaper of general circulation in the City stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates of Obligation, (ii) the maximum amount of Certificates of Obligation proposed to be issued, (iii) the purpose for which the Certificates of Obligation are to be issued; (iv) the manner in which the Council proposes to pay for the Certificates of Obligation; (v) the following: (A) the then-current principal of all outstanding debt obligations of the issuer; (B) the then-current combined principal and interest required to pay all outstanding debt obligations of the issuer on time and in full, which may be based on the issuer’s expectations relative to the interest due on any variable rate debt obligations; (C) the maximum principal amount of the certificates to be authorized; and (D) the estimated combined principal and interest required to pay the certificates to be authorized on time and in full; (vi) the estimated interest rate for the certificates to be authorized of that the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and (vii) the maximum maturity date of the certificates to be authorized. WHEREAS, for purposes of providing for the sale of the Certificates of Obligation, the City Council intends to authorize the preparation of a Preliminary Official Statement (the "Preliminary Official Statement") to be used in the public offering of the Certificates of Obligation; and Page 4 of 7 #501366805_v1 WHEREAS, the City Council has been presented with and has examined the proposed form of the Notice and finds that the form and substance thereof are satisfactory, and that the recitals and findings contained therein are true, correct and complete; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. Section 2. Attached hereto and marked “Exhibit A” is a copy of the Notice, the form and substance of which are hereby adopted and approved. Section 3. The Mayor or the City Clerk shall cause the Notice to be published, in substantially the form attached hereto, (i) in a newspaper, as described in Section 2051.044, Texas Government Code, of general circulation in the City for two consecutive weeks with the date of first publication to be before the 45th day before the date tentatively set for the passage of the ordinance authorizing the issuance of the Certificates of Obligation; and (ii) continuously on the City's website for at least 45 days before the date tentatively set for the passage of the ordinance authorizing the issuance of the Certificates of Obligation. Section 4. The City Council hereby approves the preparation and distribution by the City's financial advisor to prospective purchasers of the Certificates of Obligation of the Preliminary Official Statement, as the same may be completed, modified, or supplemented with the approval of the Mayor or other authorized officers and agents of the City. Section 5. The Mayor, City Clerk and other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. Section 6. The following is a list of the outstanding general obligation debt of the City: Bond issue Self-Supporting Amount General Obligation Refunding Bonds, Series 2020A 26,170,000 General Obligation Refunding Bonds, Taxable Series 2020B 23,640,000 Combination Tax & Revenue Certificates of Obligation, Series 2018 79,605,000 General Obligation Refunding Bonds, Series 2016 6,320,000 General Obligation Refunding Bonds, Series 2015 24,218,650 Combination Tax & Revenue Certificates of Obligation, Series 2013 17,935,000 Combination Tax & Revenue Certificates of Obligation, Series 2012 170,000 Total $____178,058,650_ Page 5 of 7 #501366805_v1 PASSED, APPROVED and ADOPTED this 30th day of April, 2024. __________________________ Roy West, Mayor ATTEST: APPROVED AS TO FORM: __________________________ __________________________ Tina Broussard, City Clerk Sharae Reed, City Attorney Page 6 of 7 #501366805_v1 EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Beaumont, Texas (the "City") will meet at its regular meeting place in the City Council Chamber at City Hall, 801 Main St., Beaumont, Texas at 1:30 p.m. on the 18th day of June, 2024, which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City's certificates of obligation, payable from ad valorem taxation and a limited (in an amount not to exceed $10,000) subordinate pledge of certain revenues of the waterworks and sewer system of the City, in the maximum aggregate principal amount not to exceed $12,000,000 bearing interest at any rate or rates, not to exceed the maximum interest rate now or hereafter authorized by law, as shall be determined within the discretion of the City Council at the time of issuance and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City to pay all or any part of the contractual obligations to be incurred for the purpose of (1) the construction of public works, more specifically, the construction and improvement of roads and the drainage system, and any items related thereto, and (2) payment of professional services incurred in connection with item (1). The City proposes to provide for the payment of such certificates of obligation from the levy and collection of ad valorem taxes in the City as provided by law and from a pledge of limited surplus revenues of the City’s waterworks and sewer system, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City’s revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net revenues of the City’s waterworks and sewer system. The certificates of obligation are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended (“Chapter 271”). Pursuant to Chapter 271, notice is further given of the following information: Current principal of all outstanding debt obligations of the issuer 178,058,650 Current combined principal and interest required to pay all outstanding debt obligations of the issuer on time and in full, which may be based on the issuer’s expectations relative to the interest due on any variable rate debt obligations 222,321,742 Maximum principal amount of the certificates to be authorized 12,000,000 Estimated combined principal and interest required to pay the certificates to be authorized on time and in full 18,613,200 Estimated interest rate for the certificates to be authorized of that the maximum interest 4.5% Page 7 of 7 #501366805_v1 rate for the certificates may not exceed the maximum legal interest rate Maximum maturity date of the certificates to be authorized 03/01/2045 The resolution designating certain outstanding debt obligations of the City as self- supporting for purposes of Chapter 271 is available upon request to the City at the address noted above. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 30th day of April 2024. Tina Broussard, City Clerk City of Beaumont, Texas 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a request for a Rezoning from RM-H (Residential Multiple Family-Highest Density) District to PD (Port Development) District for blocks surrounded by Buford, Port, Lamar, Herring, Stewart and Leiper Streets, including lots approximately 160’ south of Lamar Street southern right-of-way boundary line. BACKGROUND The Port of Beaumont requests the blocks surrounded by Buford, Port, Lamar, Herring, Stewart and Leiper Streets, including lots approximately 160’ south of Lamar Street to be rezoned from RM-H (Residential Multiple Family- Highest Density) to PD (Port Development) District. They intend to develop the site to accommodate truck queing, cargo storage and workforce development to increase efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. This request aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont executed by Resolution No. 23-015 in January of 2023. At a Joint Public Hearing held on April 15, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from RM-H (Residential Multiple Family-Highest Density) District to PD (Port Development) District for blocks surrounded by Buford, Port, Lamar, Herring, Stewart and Leiper Streets, including lots approximately 160’ south of Lamar Street southern right-of-way boundary line. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR BLOCKS SURROUNDED BY BUFORD, PORT, LAMAR, HERRING, STEWART AND LEIPER STREETS, INCLUDING LOTS APPROXIMATELY 160’ SOUTH OF LAMAR STREET SOUTHERN RIGHT-OF-WAY BOUNDARY LINE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family-Highest Density) District to PD (Port Development) District for blocks surrounded by Buford, Port, Lamar, Herring, Stewart, and Leiper Streets, including lots approximately 160’ South of Lamar Street southern right-of-way boundary line, being 15.46 acres of land, out of and a part of the David Brown Survey, Abstract No. 5, Leonard Addition, Volume 1, Page 15, Leonard Addition, Volume 1, Page 133 and Neches River Addition, Volume 4, Page 198, deed and map records, Jefferson County, Texas, containing 15.46 acres, more or less, as shown on Exhibit “A,” attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, 2024. _______________________________ - Mayor Roy West - (SOLID) (100 MIL) (NO SEALER REQUIRED) 344.00 @ 4.40 = 1,513.60 1,513.60 0.00 LF 4.40 0.00 0.00 1,513.60 999 9999 900 5% RETAINAGE FROM PREVIOUS CONTRACT 1.00 @ 30,768.35 = 30,768.35 0.00 0.00 LS 30,768.35 30,768.35 0.00 30,768.35 Grand Total 952,394.91 Summary 1. Contract Sum + Amendments 749,343.03 2. New Change by Change Request 203,051.88 3. Contract Sum To Date (Line 1 + Line 2) 952,394.91 4. Total Completed & Stored To Date 952,394.91 5. Retainage 43,260.00 42,855.00 0.00 STA 150.00 405.00 0.00 43,260.00 340 6003 300 D-GR HMA TY-F PG 70-22 (1") 4,270.16 @ 128.00 = 546,580.48 532,500.48 0.00 TON 128.00 14,080.00 0.00 546,580.48 351 6001 300 REPAIR OF FLEXIBLE PAVEMENT (8" ASB) 1,273.61 @ 60.00 = 76,416.60 76,416.60 0.00 SY 60.00 0.00 0.00 76,416.60 500 6001 500 MOBILIZATION (NOT TO EXCEED 5%) 0.10 @ 63,000.00 = 6,300.00 0.00 0.00 LS 63,000.00 6,300.00 0.00 6,300.00 502 6001 500 BARRICADES, SIGNS & TRAFFIC HANDLING (NOT TO EXCEED $5,000 PER MONTH) 3.00 @ 1,000.00 = 3,000.00 3,000.00 0.00 MO 1,000.00 0.00 0.00 3,000.00 Grand Total 952,394.91 Lauren Brooks Suzanne Maloney 11 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 30, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow two (2) duplexes within the RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2490 Liberty Avenue. BACKGROUND Cornell Price is requesting a Specific Use Permit to allow two (2) duplexes within the RCR-H (Residential Conservation Revitalization-Historic) District located at 2490 Liberty Avenue. This property is located within the Oaks Historic District and received design approval from the Historic Landmark Commission in November of 2023. Due to the proposed orientation of the duplexes, Mr. Price sought a Variance to the rear yard setback to be reduced from 25’ to 18’ and the Board of Adjustment approved said request in January of 2024. This proposal is in compliance with the lot area requirements of Section 28.03.024(b)(1) District area and height regulations of the City’s Code of Ordinances. According to our City’s Comprehensive Plan the property is located within the “Stable Area.” Such areas are “built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” This request appears to align with our City’s Comprehensive Plan of Beaumont. At a Joint Public Hearing held on April 15, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow two (2) duplexes within the RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2490 Liberty Avenue, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code 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 water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW TWO (2) DUPLEXES WITHIN THE RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) DISTRICT FOR PROPERTY LOCATED AT 2490 LIBERTY AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Cornell Price has applied for a specific use permit to allow two (2) duplexes in the RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2490 Liberty Avenue, being all of Lot 14 and western 15’-3/10” of Lot 15, Block 26, Averill Addition, Beaumont, Jefferson County, Texas, containing .0241 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 two (2) duplexes in RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2490 Liberty Avenue, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment, and/or F.O.G. program; and, 2. Construction plans must meet all applicable Fire and Building Code requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow two (2) duplexes 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 allow two (2) duplexes in the RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2490 Liberty Avenue, being all of Lot 14 and western 15’-3/10” of Lot 15, Block 26, Averill Addition, Beaumont, Jefferson County, Texas, containing .0241 acres, more or less as shown on Exhibit “A,” attached hereto is hereby granted to Cornell Price, their legal representatives, successors, and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment, and/or F.O.G. program. 2. Construction plans must meet all applicable Fire and Building Code requirements. 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 as Exhibit “B” 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 30th day of April, 2024. _______________________________ - Mayor Roy West – WORK SESSION Council to Discuss Traffic Calming and a Proposed Residential Traffic Calming Program. TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 30, 2024 REQUESTED ACTION: Work Session to discuss Traffic Calming and a proposed Residential Traffic Calming Program. BACKGROUND Methods of traffic calming aimed at reducing vehicle speeds and enhancing safety will be discussed. FUNDING SOURCE Not Applicable. RECOMMENDATION Not Applicable. ATTACHMENTS