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HomeMy WebLinkAboutPACKET JUN 03 2008 RICH WITH OPPORTUNITY 1 T - E • % o A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 3,2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution to allow Capital One Bank to release certain collateral held at the Federal Reserve Bank for City accounts and pledge additional security to replace it B) Adopt a job description for the position of City Magistrate C) Authorize the settlement of the claim of Team Industrial Services, Inc. D) Authorize the settlement of the claim of Debra Narcisse E) Authorize the City Manager to increase the West Elevated Water Storage Tank Improvements Project for"extra work" A RICH WITH OPPORTUNITY 11cm ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 3, 2008 REQUESTED ACTION: Council consider a resolution to allow Capital One Bank to release certain collateral held at the Federal Reserve Bank for City accounts and pledge additional security to replace it. RECOMMENDATION The Administration requests approval to allow Capital One Bank to release certain security as collateral for City accounts and pledge additional security to replace it. The released and newly pledged securities, effective June 3, 2008, are as follows: Cusip No. Description Face Value Market Value RELEASE: 31359MZX4 FNMA, 5.00%, Due 07/03/08 $1,100,000.00 $1,104,468.75 PLEDGE: 31410GWE9 FNMA, 6.00%, Due 12/01/47 $1,200,000.00 $1,180,012.03 BACKGROUND On May 27, 2008, the City of Beaumont maintained uncollected ledger balances at Capital One Bank in the amount of $2,301,694.80. The market value of the collateral currently pledged is $5,047,240.69. After releasing and pledging the above securities, the market value of pledged collateral totals $5,122,783.97 and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the release by Capital One Bank of the following security which is held at the Federal Reserve Bank, Atlanta, effective June 3, 2008: Cusip No. Description Face Value Market Value RELEASE: 31359MZX4 FNMA, 5.00%, Due 07103/08 $1,100,000.00 $1,104,468.75 BE IT FURTHER RESOLVED that the City Council hereby approves the pledge by Capital One Bank of the following security which will be held at the Federal Reserve Bank,Atlanta, effective June 3, 2008: Cusip No. Description Face Value Market Value PLEDGE: 31410GWE9 FNMA, 6.00%, Due 12/01/47 $1,200,000.00 $1,180,012.03 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - B RICH WITH OPPORTUNITY I'Em ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorneyx� MEETING DATE: June 3, 2008 REQUESTED ACTION: Council consider adopting a job description for the position of City Magistrate. RECOMMENDATION Administration recommends adopting a job description for the position of City Magistrate. BACKGROUND The Charter of the City of Beaumont gives to the City Council the authority to appoint one or more magistrates for the Municipal Court known as City Magistrates. Consideration has been given to the appointment of magistrates to serve in a full-time capacity. In that event, it would be necessary to adopt a job description which establishes the terms and conditions of employment and the level of compensation for the position. The position of part-time magistrate would be retained on staff as a Council appointee. BUDGETARYIMPACT The compensation for a full-time magistrate would be $100,000. The compensation of a part- time magistrate would be $300 for the first session and $250 for each successive session thereafter each week. RESOLUTION NO. THAT the City Council of Beaumont hereby adopts the job description of City Magistrate as described substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - EMPLOYMENT OPPORTUNITY EXHIBIT "A" FOB TITLE: City Magistrate Exempt:X Classified: 2EPORTS TO: City Council )EPT/DIV: Municipal Court iTARTING SALARY: $100,000 kPPLICATION DEADLINE: )UTIES AND RESPONSIBILITIES ssential Job Functions: This position is created by Article XII, Section 3 of the Charter of the City of Beaumont. As a institutional position in this city's government,the Court is responsible for the administration of the municipal court operation ,ithin the corporate city limits of Beaumont in accordance with the charter ordinance of the City, State law and Constitution long with other functions as maybe assigned to the court under State law or local regulation. his position presides over a variety of hearings including Class C misdemeanors, City ordinances, traffic violations, criminal tisdemeanors, property dispute, criminal jury and non jury trials, pre-trial conferences, and other cases appropriately tried in Iunicipal Court; presides over juvenile arraignments including alcohol, driving, and curfew violations; administers magistrate's ,amings to any criminal defendants, whether charged with misdemeanors and felonies; set and forfeit bail in both misdemeanors i felonies; issue search warrants; issue summons or arrest warrants in misdemeanors or felonies; issue verbal orders of arrest )r persons committing a felony or breach within the magistrate's presence; accept complaints in both misdemeanors and .lonies; conducts arraignments; signs arrest warrants as presented to court by the police department; consider bond reductions ,hen requested; authorize issuance of search, arrest inspection, and mental health warrants; arraigns prisoners, sets bonds; nposes fines, advises defendants of rights and options; accepts pleas of guilty and polo contendre and enters judgement; immons; review affidavits for sufficiency of facts and determination of the existence of probable cause to issue search and -rest warrants; determines if the objects of search warrants are appropriate, if the warrants are being requested in a timely tanner, and if the scope of each warrant is appropriate; conduct hearings on motions to modify or rescind emergency protection rders, and draft and issue appropriate orders to the affected citizens, law enforcement agencies, educational institutions and rivate organizations ►ther Job Functions: Conducts driver's license suspension hearings and hearings; conducts medical revocation hearings. erforms related duties as assigned. VORKING CONDITIONS forks inside in a desirable environment; work flow is high, and/or of considerable variety in task assignments . Interruptions in be frequent and distracting. IINIMUM ESSENTIAL QUALIFICATIONS :nowledee: Positions requires knowledge of multiple areas of criminal and municipal law, the Texas code of Criminal rocedure; knowledge of the organization, duties, powers, limitations and authority of Municipal Court; Legal principals and ractices, including civil criminal, constitutional, and administrative laws and procedures; ordinances, statutes, and court -cisions relating to municipal court jurisdiction;judicial procedure and rules of evidence.; established precedents and sources of igal references; and principles and practices of court administration and state and federal regulations governing criminal iolations, prosecutions, and police operations. kills/Abilities: Must have excellent oral and written communication skills in the performance of all job functions. Must be able i handle multiple assignments and provide timely services; effectively plan, organize and direct the judicial activities of the iunicipal court; organize, interpret, and apply legal principles and knowledge of complex legal problems; effectively apply legal lowledge and principles; properly interpret and make decisions in accordance with laws; must possess a sense of fairness, and chibit respect towards hostile persons in court; the ability to general rules to specific problems to come up with logical answers; )mbine separate pieces of information or specific answers to problems to form general rules and conclusions; listen to and iderstand ideas presented through spoken words and sentences, often in stressful situations. hysical Requirements: Frequently required to see, sit, stand talk and hear. ducation/Experience: Juris Doctorate from an accredited law school; Membership in the State Bar of Texas; Must be a :sident of the City of Beaumont for one year preceding appointment. Cher: Applicant selected for hire shall be subject to drug/alcohol screen test. D000-4-06-08-9060-2022504-7999 LB 5/8/08 M/I/O he City of Beaumont does not discriminate on the basis of race, color, national origin, sex, religion, age or disabili; , in maloyment or the provision of services. To request a reasonable accommodation or other assistance contact a Human resources representative at(409) 880-3777 or through RELAY Texas at 1-800-735-2989 or mail your request to P.O. Box 827,Beaumont,Texas 77704. 'he City may consider all related education and/or experience in determining the applicant's minimum qualifications nd starting salary. c RICH WITH OPPORTUNITY 11co . ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne� MEETING DATE: June 3, 2008 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Team Industrial Services, Inc. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Team Industrial Services, Inc. BACKGROUND Council discussed the settlement of this claim in Executive Session on May 27, 2008. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the amount as shown: Team Industrial Services, Inc. $10,483.05 RESOLUTION NO. WHEREAS, the claim of Team Industrial Services, Inc. has been discussed in an Executive Session properly called and held Tuesday, May 27, 2008; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Team Industrial Services, Inc. in the amount of Ten-Thousand Four-Hundred Eighty-Three and 05/100 ($10,483.05) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - RESOLUTION NO. WHEREAS, the claim of Team Industrial Services, Inc. has been discussed in an Executive Session properly called and held Tuesday, May 27, 2008; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Team Industrial Services, Inc. in the amount of Ten-Thousand Four-Hundred Eighty-Three and 05/100 ($10,483.05) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - D RICH WITH OPPORTUNITY r C ► � T • E X A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 3, 2008 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Debra Narcisse. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Debra Narcisse. BACKGROUND Council discussed the settlement of this claim in Executive Session on May 27, 2008. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the amount as shown: Debra Narcisse $20,000 RESOLUTION NO. WHEREAS, the claim of Debra Narcisse has been discussed in an Executive Session properly called and held Tuesday, May 27, 2008; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Debra Narcisse in the amount of Twenty-Thousand ($20,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - RESOLUTION NO. WHEREAS, the claim of Debra Narcisse has been discussed in an Executive Session properly called and held Tuesday, May 27, 2008; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Debra Narcisse in the amount of Twenty-Thousand ($20,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - E RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: June 3, 2008 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the West Elevated Water Storage Tank Improvements Project for"extra work". RECOMMENDATION The Administration recommends approval of increasing the West Elevated Water Storage Tank Improvements Project amount by $12,000. The proposed changes to the contract will furnish and install all labor, materials, and equipment to paint additional design features for revised logos to the West and Southwest Elevated Storage Tanks. The proposed changes will increase the contract time by 10 calendar days. The additional days increases the total contract time to 100 calendar days. The proposed extra work will represent an increase of 11.01% of the original contract amount. BACKGROUND The West Elevated Water Storage Tank was constructed in 1950. The exterior and/or interior of the tank has been rehabilitated nine times since it was placed in service. The most recent rehabilitation(2002)included structural repairs and painting of the interior and exterior of the tank. The clear coat on the tank has severely deteriorated and must be replaced to extend the service life of the paint. Due to the tanks visibility from Interstate 10, City of Beaumont emblems will be added to the two tanks to help promote the City. The Change Order will update the logo in the contract with the revised City logo. Previous actions include: Resolution 07-394 in the amount of$109,000.00 was passed by City Council on December 4, 2007. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. West Elevated Water Storage Tank Improvements Project June 3, 2008 Page 2 of 2 BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One DATE: May 14,2008 PROJECT: City of Beaumont,Texas West Elevated Storage Tank Improvements OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Gulf States Protective Coatings,Inc. 201 North I6th Street LaPorte,Texas 77571 TO THE OWNER: Approval ofthe following contract change is requested. Reason for Change: Furnish and Install all labor,materials,and equipment to paint additional design features for revised logos to the West Elevated Storage Tank; and Furnish and Install all labor, materials, and equipment to paint additional design IeatUreS for revised logos to the Southwest Elevated Storage Tank ORIGINAL CONTRACT AMOUNT: $ 109,000.00 THIS CHANGE ORDER Description: Net Change Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the West Elevated Storage Tank $ 6.000.00 Furnish and Install all Tabor, materials, and equipment to paint additional design features for revised logos to the Southwest Elevated Storage Tank $ 6,000.00 TOTAL AMOUNT OF THIS CHANGE ORDER S 12,000.00 'TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 121,000.00 CONTRACT TIME Original Contract"rime: 90 Calendar Days Additional"fimc Requested: 10 Calendar Days Revised Contract Time per this Change Order: 100 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim cm this Change Order after it is properly executed." Recommended by- Approved by: Accepted by: Schaumburg R Polk,Inc. City of Beaumont Gulf States Protective Coatings,hic � Engineer Owner Contractor Date: �/1r�0� Date: -- — Date: 0 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One DATE: May 14,2008 PROJECT: City of Beaumont,Texas West Elevated Storage Tank Improvements OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Gulf States Protective Coatings,Inc. 201 North 16th Street LaPorte,Texas 77571 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Furnish and Install all labor,materials,and equipment to paint additional design features for revised logos to the West Elevated Storage Tank; and Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the Southwest Elevated Storage Tank ORIGINAL CONTRACT AMOUNT: $ 109,000.00 THIS CHANGE ORDER ,affiLDescription: Net Change Murnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the West Elevated Storage Tank $ 6,000.00 Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the Southwest Elevated Storage Tank $ 6,000.00 TOTAL AMOUNT OF THIS CHANGE ORDER $ 12,000.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 121,000.00 CONTRACT TIME Original Contract Time: 90 Calendar Days Additional Time Requested: 10 Calendar Days Revised Contract Time per this Change Order: 100 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: — ze_ll _ � L , Schaumburg&Polk,Inc. City of Beaumont Gulf States Protective Coatings,Inc. ngineer Owner Contractor I Date: �j(i " Date: Date: F .W061Chw 0,d-r dR-1—Fmmei.rh 0 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One DATE: May 14,2008 PROJECT: City of Beaumont,Texas West Elevated Storage Tank Improvements OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Gulf States Protective Coatings,Inc. 201 North 16th Street LaPorte,Texas 77571 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Furnish and Install all labor,materials,and equipment to paint additional design features for revised logos to the West Elevated Storage Tank; and Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the Southwest Elevated Storage Tank ORIGINAL CONTRACT AMOUNT: $ 109,000.00 THIS CHANGE ORDER AdhVescrintion: Net Change Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the West Elevated Storage Tank $ 6,000.00 Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the Southwest Elevated Storage Tank $ 6,000.00 TOTAL AMOUNT OF THIS CHANGE ORDER $ 12.000.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 121,000.00 CONTRACT TIME Original Contract Time: 90 Calendar Days Additional Time Requested: 10 Calendar Days Revised Contract Time per this Change Order: 100 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: � C��As� Schaumburg&Polk,Inc. City of Beaumont Gulf States Protective Coatings,Ac. ngineer Owner Contractor Date: S/�b!b Date: Date: F:�BM"[�1069�ChmgeOrdes3wdFinWBMT Formal GIs 0 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One DATE: May 14,2008 PROJECT: City of Beaumont,Texas West Elevated Storage Tank Improvements OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Gulf States Protective Coatings,Inc. 201 North 16th Sheet LaPorte,Texas 77571 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Furnish and Install all labor,materials,and equipment to paint additional design features for revised logos to the West Elevated Storage Tank; and Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the Southwest Elevated Storage Tank ORIGINAL CONTRACT AMOUNT: $ 109,000.00 THIS CHANGE ORDER escri tion: Net Change W- Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the West Elevated Storage Tank $ 6,000.00 Furnish and Install all labor, materials, and equipment to paint additional design features for revised logos to the Southwest Elevated Storage Tank $ 6,000.00 TOTAL AMOUNT OF THIS CHANGE ORDER $ 12,000.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 121,000.00 CONTRACT TIME Original Contract Time: 90 Calendar Days Additional Time Requested: 10 Calendar Days Revised Contract Time per this Change Order: 100 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted b "Schaumburg&.Polk,Inc. City of Beaumont Gulf States Protective Coating, nc. ngineer Owner Contractor Date: S�/,6�Ob Date: Date: S\\S 1 p FiBMT1069�ChmgcOrtler3antlFinuIBMT Farmetxls RESOLUTION NO. WHEREAS, on December 4, 2007,the City Council of the City of Beaumont, Texas, passed Resolution No. 07-394 awarding a contract in the amount of $109,000 to Gulf States Protective Coatings, Inc., LaPorte, Texas, for the West Elevated Water Storage Tank Improvements Project; and, WHEREAS, Change Order No. 1 is required to furnish and install all labor, materials, and equipment to paint additional design features for revised logos to the West and Southwest Elevated Storage Tanks, increasing the contract amount by $12,000 thereby increasing the contract amount to $121,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 increasing the contract amount by $12,000 for a total amount of $121,000 for the West Elevated Water Storage Tank Improvements Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 3,2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Recycling * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for the Summer Food Service Program 2. Consider approving a resolution accepting the Cathedral Square Brick Paved Sidewalks Construction Project 3. Consider approving a resolution accepting the Wendelin and Kelly Drive Pavement Improvement Project COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 June 3, 2008 Consider approving a contract for the Summer Food Service Program RICH WITH OPPORTUNITY r T - E - x - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 3, 2008 REQUESTED ACTION: Council consider authorizing the award of a contract for the Summer Food Service Program. RECOMMENDATION Administration recommends the award of a contract to Moncla's, Inc. of Beaumont, Texas in the amount of$3.14 per lunch served. BACKGROUND The program which is funded by the US Department of Agriculture and administered by the Texas Department of Human Services provides free, nutritious, and well balanced meals for any child up to eighteen (18)years of age. This is the seventeenth year the Recreation Division has participated in this program. The 2008 Summer Food Service Program will begin June 16, 2008 and continue through August 22, 2008. Lunches will be served Monday through Friday excluding the Independence Day holiday on July 4, 2008. The number of lunches to be served at each location will be determined by the enrollment in summer activities although participation is not a requirement to receive a lunch. Last year 3 5,074 meals were delivered by Moncla's Inc. at a cost of$3.14 per lunch for a total of $110,132.36. Lunches were served for forty-nine(49) days last summer at nine(9)locations. Award of Summer Food Program Contract June 3, 2008 Page 2 The nine (9) locations are as follows: SITE ADDRESS L.L. Melton Y.M.C.A. 3455 Sarah Sprott Park 4325 Usan Roberts Park 2755 Avenue C. Alice Keith Park 4050 Reed SE TX Family Resource Center 2060 Irving Magnolia Park 2930 Gulf Tracewood Apartments 4925 Concord North Ridge Apartments 4155 Maida Concord Homes Apartments 2020 Cottonwood Bids were solicited from nine(9)food service vendors. Bids were received as follows: VENDOR PRICE PER LUNCH Moncla's Inc., Beaumont TX $3.14 The Beaumont Catering Co., Beaumont, TX $3.98 BUDGETARY IlMPACT The cost of$2.87 per lunch served will be reimbursed to the City from the Texas Department of Human Services. The balance of$39 per lunch will be funded by the Recreation Division's operating budget. The estimated total cost based on serving an estimated 38,220 lunches at $3.14 each is $120,011. RESOLUTION NO. WHEREAS, bids were received for a contract to furnish lunches for the Summer Food Service Program funded by the US Department of Agriculture, administered by the Texas Department of Human Services and sponsored by the Recreation Division; and, WHEREAS, Moncla's, Inc., Beaumont, Texas, submitted a bid for an estimated quantity of 38,220 lunches served in the amount of $3.14 per lunch for an estimated expenditure of$120,011; and, WHEREAS, City Council is of the opinion that the bid submitted by Moncla's, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Moncla's, Inc., Beaumont, Texas,forthe Summer Food Service Program administered through the Recreation Division for an estimated quantity of 38,220 lunches served in the amount of$3.14 per lunch for an estimated expenditure of$120,011 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - 2 June 3,2008 Consider approving a resolution accepting the Cathedral Square Brick Paved Sidewalks Construction Project RICH WITH OPPORTUNITY [IEA,111�1011T ( cityCouncil Agenda Item T • E • X • A - S TO: City Council FROM: Kyle Hayes, City Manager -T•tp ' PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 3, 2008 REQUESTED ACTION: Council consider a resolution accepting the Cathedral Square Brick Paved Sidewalks Construction Project. RECOMMENDATION The Administration recommends acceptance of the Cathedral Square Brick Paved Sidewalks Construction Project, approve Change Order No. lin the amount of($23,533.60) and final.payment in the amount of$16,575.77 to Brystar Contracting. BACKGROUND On October 9, 2007, City Council awarded Brystar Contracting the contract for the Cathedral Square Brick Paved Sidewalks Construction Project for an amount of$355,049.00. This project has been inspected and completed in accordance with Terms and Conditions set out in the contract documents. Due to a decrease in construction item quantities, Change Order No. 1 in the amount of($23,533.66) is required to adjust the quantities actually used during the performance of the project, decreasing the contract amount to $331,515.34. The MBE was met by subcontracting with the MBE firms of Crabtree Barricade Systems, All American Construction Supply and Wholesale Electric in the amount of$33,307.79 representing 10% of the final contract amount. BUDGETARY IMPACT Funds are available in the Capital Program. CathedralSgProject 05/28/2008 CITY OF BEAUMONT DATE: May 20,2008 PROJECT: Cathedral Square Brick Paved Sidewalks Project OWNER: City of Beaumont CONTRACTOR: Brystar Constructing CHANGE ORDER NO.: 1 Adjusting the estimated quantities to match final quantities used during the performance of the project. C3 1` NDfi 1`�D 33'It^-TM MW W ORIGINAL CONTRACT AMOUNT: $355,049.00 NET FROM PREVIOUS CHANGE ORDERS NO.]: $335,049.00 TOTAL AMOUNT OF THIS CHANGE ORDER: ($23,533.66) PERCENT OF THIS CHANGE ORDER: (6.63%) TOTAL PERCENT CHANGE ORDER TO DATE: (6.63%) NEW CONTRACT AMOUNT: $331,515.34 ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBE;RT,CITY ENGINEER TOM WARNER,DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER ATTESTED BY: TINA BROUSSARD,INTERIM CITY CLERK N O O C) CITY OF BEAUMONT r SCHEDULE OF MBE PARTICIPATION co (SCHEDULE C) Date of Report 5.15.08 v Department Ln Project No. Location Ca@rerclml 00 Square CD CD BoAu Contracting,Inc. Total Contract Amount $331,513.34 N 07 LO O TYPE OF WORK(ELECTRICAL,PAVING,ETC.) NAME OF MINORITY AND CONTRACT ITEMS OR PARTS TBEREOF AGREED CONTRACTOR ADDRESS TO BE PERFORMED PRICE Wholesale Electric 4790 Cardinal DriveBMT TX 77705 Electrical Supplier $23,786.25 All American Construction 7750River Road 13MT TX 77713 Material Supplier $9021.54 Ls supply N Crabtree Barricades 7375 Frint DriveBMT TX 77705 Traffic.Control Markings $500.00 N V 00 O C7 Z_ F- U Q F— The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon c=utiorz of a contract with the City of Beaumont Z 0 U a NOTE: 1. Any business listed above must have Schedule A on file with the City. } 2. Schedule C is to be included with bid,and resubmitted at 5We and 100%of project completion. m Signature .E 0 L LL 34 RESOLUTION NO. 07-327 WHEREAS, bids were solicited for a contract for the Cathedral Square Brick Pavers Sidewalk Project (Neches Street, Wall Street and Forsythe Street); and, WHEREAS,Brystar Contracting of Beaumont,Texas,submitted a bid in the amount of$355,049 and, WHEREAS, City Council is of the opinion that the bid submitted by Brystar Contracting of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Brystar Contracting of Beaumont, Texas, for a contract for the Cathedral Square Brick Pavers Sidewalk Project(Neches Street,Wall Street and Forsythe Street) in the amount of$335,049 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. `� gS�UMOM,��I ,l ow 1 OF - ayor Becky Ames - io U ...... C� �. W Cj r. RESOLUTION NO. WHEREAS, on October 9, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-327 awarding a contract in the amount of$355,049 to Brystar Contracting of Beaumont, Texas, for the Cathedral Square Brick Paved Sidewalks Construction Project; and, WHEREAS, Change Order No. 1 is necessary due to a decrease in construction item quantities in the amount of($23,533.66) thereby decreasing the contract amount to $331,515.34; and, WHEREAS, the project has been inspected and completed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of($23,533.66) thereby decreasing the total contract amount $331,515.34 for the Cathedral Square Brick Paved Sidewalks Construction Project. BE IT FURTHER RESOLVED that the Cathedral Square Brick Paved Sidewalks Construction Project is hereby accepted as complete and the City Manager be, and he is hereby, authorized to issue final payment of$16,575.77 for the completed project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames - 3 June 3,2008 Consider approving a resolution accepting the Wendelin and Kelly Drive Pavement Improvement Project RICH WITH OPPORTUNITY ( cityCouncil Agenda Item T • E - X • A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 3, 2008 REQUESTED ACTION: Council consider a resolution accepting the Wendelin and Kelly Drive Pavement Improvement Project. RECOMMENDATION The Administration recommends acceptance of the Wendelin and Kelly Drive Pavement Improvement Project, approval of Change Order No. 1 in the amount of($99,250.57) and final payment in the amount of$20,292.35 to L. D. Construction.. BACKGROUND On May 22, 2007, City Council awarded L. D. Construction the contract for the Wendlin and Kelly Drive Pavement Improvement Project, for an amount of$705,433.50. This project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents. Due to a decrease in construction item quantities, Change Order No. 1 in the amount of($99,250.57) is required to adjust the quantities to the quantities actually used during the performance of the project, decreasing the contract amount to $606,182.93. BUDGETARY IMPACT Funds are available in the Capital Program. WendelinKellyProject 05/28/2008 CITY OF BEAUMONT DATE: May 20,2008 PROJECT: Wendelin and Kelly Drive Pavement Improvement Project OWNER: City of Beaumont CONTRACTOR: L.D.Construction CHANGE ORDER NO.: 1 Adjusting the estirnated quantities to match final quantities used during the performance of the project. a . C�1�'1"RIA C-T 7>i I UT '� -�[IS"1C JO>1l R ORIGINAL CONTRACT AMOUNT: $705,433.50 NET FROM PREVIOUS CHANGE ORDERS NOA: $705,433.50 TOTAL AMOUNT OF THIS CHANGE ORDER: ($99,250.57) PERCENT OF THIS CHANGE ORDER: (14.07%) TOTAL PERCENT CHANGE ORDER TO DATE: (14.07°/x) NEW CONTRACT AMOUNT: $606,182.93 ACCEPTED BY: CONTRACTOR APPROVED BY: .'JORIS P.COLBERT,CITY ENGINEER TOM WARNER,DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER ATTESTED BY: TINA BROUSSARD,INTERIM CITY CLERK RESOLUTION NO. 07-138 WHEREAS, bids were received for a contract for the Wendelin and Kelly Drive Pavement Improvement Project ; and, WHEREAS, L. D. Construction, Beaumont, Texas, submitted a bid in the amount of$705,433.50; and, WHEREAS, City Council is of the opinion that the bid submitted by L. D. Construction should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by L. D. Construction of Beaumont, Texas, for the Wendelin and Kelly Drive Pavement Improvement Project in the amount of$705,433.50 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May, 2007. ��►UMO VIII r C� 11 - M46rBecky Ames - I i RESOLUTION NO. WHEREAS, on May 22, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-138 awarding a contract in the amount of$705,433.50 to L. D. Construction, Beaumont, Texas,for the Wendelin and Kelly Drive Pavement Improvement Project; and, WHEREAS, Change Order No. 1 is necessary due to a decrease in construction item quantities in the amount of($99,250.57) thereby decreasing the contract amount to $606,182.93; and, WHEREAS, the project has been inspected and completed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of($99,250.57)thereby decreasing the total contract amount to$606,182.93 for the Wendelin and Kelly Drive Pavement Improvement Project. BE IT FURTHER RESOLVED that the Wendelin and Kelly Drive Pavement Improvement Project is hereby accepted as complete and the City Manager be, and he is hereby, authorized to issue final payment of$20,292.35 for the completed project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, 2008. - Mayor Becky Ames -