Loading...
HomeMy WebLinkAboutPACKET JUL 16 2013 RICK WITS OPPORTUNITY BEAUMON* T • S e a • A • s REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 16,2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—July 9, 2013 * Confirmation of committee appointments A) Approve a resolution authorizing the City Manager to enter into a Memorandum of Understanding with the Texas Department of Transportation to adopt their Federally- approved Disadvantaged Business Enterprise Program(DBE)for the Hike and Bike trail Phase II-Major to Dowlen Project B) Approve a resolution authorizing the execution of a License to Encroach Agreement with Justino and Estalla Jaimes A RICH WITH OPPORTUNITY [IEA,UMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: July 16, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a Memorandum of Understanding with the Texas Department of Transportation to adopt their Federally-approved Disadvantaged Business Enterprise Program(DBE) for the Hike and Bike trail Phase II-Major to Dowlen Project. BACKGROUND On July 26, 2011, City Council approved a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT) for a multi-use connector project. The grant in the amount of$661,120 with a 20%match of$165,280 was awarded to the City of Beaumont and on September 1, 2011 a contract was executed. As part of the contract with TxDOT, the City agreed to adopt, in its totality, the State's federally approved DBE. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and Texas Department of Transportation (TxDOT) to implement a Disadvantaged Business Enterprise Program (DBE Program) relating to the Hike and Bike Trail Phase II- Dowlen Road to Major Drive Project. Said Memorandum of Agreement is 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 16th day of July, 2013. - Mayor Becky Ames - Form 2395 (Rev.11/11) nuw Page 1 of 6 MEMORANDUM OF UNDERSTANDING REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF TRANSPORTATION'S FEDERALLY-APPROVED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM BY CITY OF BEAUMONT This Memorandum of Understanding(MOU)is by and between the TEXAS DEPARTMENT OF TRANSPORTATION(TxDOT),an agency of the State of Texas;and CITY OF BEAUMONT ,a political subdivision of the State of Texas. Whereas, from time to time CITY OF BEAUMONT receives federal funds from the Federal Highway Administration(FHWA)through TxDOT to assist CITY OF BEAUMONT with the construction and design of projects partially or wholly funded through FHWA; and Whereas, CITY OF BEAUMONT ,as a sub-recipient of federal funds, is required by 49 CFR 26, to implement a program for disadvantaged business enterprises (DBEs), as defined by 49 CFR 26(DBE Program); and Whereas, TxDOT has implemented a Disadvantaged Business Enterprise Program (DBE Program)that is approved by the FHWA pursuant to 49 CFR part 26;and Whereas,certain aspects of CITY OF BEAUMONT is procurement of construction and design services are subject to review and/or concurrence by TxDOT as a condition of receiving federal funds from FHWA through TxDOT;and Whereas, CITY OF BEAUMONT and TxDOT undertake substantially similar roadway construction projects and design projects and construct and design their respective projects using substantially the same pool of contractors;and Whereas, CITY OF BEAUMONT desires to implement a federally compliant DBE Program by adopting the TxDOT approved program,as recommended by FHWA;and Whereas,TxDOT and CITY OF BEAUMONT find it appropriate to enter into this MOU to memorialize the obligations,expectations and rights each has as related to CITY OF BEAUMONT 's adoption of the TxDOT DBE's Program to meet the federal requirements; Now,therefore,TxDOT and CITY OF BEAUMONT , in consideration of the mutual promises,covenants and conditions made herein,agree to and acknowledge the following: (1) TxDOT has developed a DBE Program and annually establishes a DBE goal for Texas that is federally approved and compliant with 49 CFR 26 and other applicable laws and regulations. (2) CITY OF BEAUMONT is a sub-recipient of federal assistance for construction projects and.design projects and,in accordance with 49 CFR§26.21,must comply with a federally approved DBE Program. The CITY OF BEAUMONT receives its federal assistance through TxDOT. As a sub-recipient, CITY OF BEAUMONT has the option of developing its own program or adopting and operating under Tx T's federally approved DBE Program. The FHWA recommends that sub-recipients, such as CITY OF BEAUMONT ,adopt the DBE program,administered through TxDOT, and CITY OF BEAUMONT by its prescribed protocol adopted the TxDOT DBE Program as of the date when adoption occurred. EXHIBrr «A" Form 2395 (Rev.11/11) Page 2 of 6 (3)This MOU evidences FHWA's and TxDOT's consent to the adoption of the TxDOT DBE Program by CITY OF BEAUMONT to achieve its DBE participation in federally assisted Construction and Design Projects. (4)The parties will work together in good faith to assure effective and efficient implementation of the DBE Program for CITY OF BEAUMONT and for TxDOT. (5) CITY OF BEAUMONT and TxDOT have agreed upon the following delegation of responsibilities and obligations in the administration of the DBE Program adopted by CITY OF BEAUMONT (a) CITY OF BEAUMONT will be responsible for project monitoring and data reporting to TxDOT. CITY OF BEAUMONT will furnish to TxDOT any required DBE contractor compliance reports,documents or other information as may be required from time to time to comply with federal regulations.TxDOT will provide the necessary and appropriate reporting forms,to CITY OF BEAUMONT (b) CITY OF BEAUMONT will recommend contract-specific DBE goals consistent with TxDOT's DBE guidelines and in consideration of the local market,project size,and nature of the good(s)or service(s)to be acquired. CITY OF BEAUMONT is recommendation may be that no DBE goals are set on any particular project or portion of a project or that proposed DBE goals be modified. CITY OF BEAUMONT and TxDOT will work together to achieve a mutually acceptable goal,however,TxDOT will retain final decision- making authority regarding DBE goals. (c)TxDOT will cooperate with CITY OF BEAUMONT in an effort to meet the timing and other requirements of CITY OF BEAUMONT projects. (d) CITY OF BEAUMONT will be solely responsible for the solicitation and structuring of bids and bid documents to procure goods and services for its projects that use federal funds and will be responsible for all costs and expenses incurred in its procurements. (e)The DBEs eligible to participate on TxDOT construction projects or design projects also will be eligible to participate on CITY OF BEAUMONT construction projects or design projects subject to the DBE Program.The DBEs will be listed on TxDOT's website under the Texas Unified Certification Program(TUCP). (f) CITY OF BEAUMONT will conduct reviews and provide reports with recommendations to TxDOT concerning any DBE Program compliance issues that may arise due to project specific requirements such as Good Faith Effort(GFE),Commercially Useful Function (CUF), etc. CITY OF BEAUMONT and TxDOT will work together to achieve a mutually acceptable goal,however,TxDOT will retain final decision-making authority on those issues and reserves the right to perform compliance reviews. CITY OF BEAUMONT shall provide TxDOT with a listing of sanctions that will be assessed against contractors for violation of federal DBE regulations and its procedures for investigation of violations and assessment of sanctions for documented violations. CITY OF BEAUMONT will require contractors for its FHWA federally assisted projects to use the attached forms as follows: Form 2395(Rev.11/11) Page 3 of 6 Attachment 1 —Disadvantaged Business Enterprise(DBE)Program Commitment Agreement Form SMS 4901 Attachment 2—DBE Monthly Progress Report Form SMS 4903 Attachment 3—DBE Final Report Form SMS 4904 Attachment 4—Prompt Payment Certification Form(Federal-air Projects)2177 (g) CITY OF BEAUMONT will designate a liaison officer to coordinate efforts with TxDOT's DBE Program administrators and to respond to questions from the public and private sector regarding CITY OF BEAUMONT 's administration of the DBE Program through TxDOT. (h) CITY OF BEAUMONT will be responsible for providing TxDOT with DBE project awards and DBE Commitments, monthly DBE reports, DBE Final Reports, DBE shortfall reports,and annual and updated goal analysis and reports. (i)TxDOT will be responsible for maintaining a directory of firms eligible to participate in the DBE Program,and providing business development and outreach programs. CITY OF BEAUMONT and TxDOT will work cooperatively to provide supportive services and outreach to DBE firms in CITY OF BEAUMONT area. (j) CITY OF BEAUMONT will submit DBE semi-annual progress reports to TxDOT. (k) CITY OF BEAUMONT will participate in TxDOT sponsored training classes to include topics on Title VI of the Civil Rights Act of 1964, DBE Annual Goals, DBE Goal Setting for Construction Projects and Design Projects, DBE Contract Provisions, and DBE Contract Compliance, which may include issues such as DBE Commitments, DBE Substitution, and Final DBE Clearance. TxDOT will include DBE contractors performing work on CITY OF BEAUMONT projects in the DBE Education and Outreach Programs. (1)The Executive Director of CITY OF BEAUMONT will implement all federal requirements, including those stated in Attachments A through F,which are incorporated as though fully set out herein for all purposes. (m)In accordance with 23 CFR 200.1, CITY OF BEAUMONT shall develop procedures for the collection of statistical data(race, color,religion,sex,and national origin)of participants in,and beneficiaries of Sate highway programs,i.e.,relocatees, impacted citizens and affected communities;develop a program to conduct Title VI review of program areas;and conduct annual reviews of special emphasis program areas to determine the effectiveness of program area activities at all levels. TxDOT, in accordance with federal law,may conduct compliance reviews by TxDOT's Office of Civil Rights(OCR). (n) CITY OF BEAUMONT will comply with 49 CFR 26.29 as stated in Attachment F. (6)In the event there is a disagreement between TxDOT and CITY OF BEAUMONT about the implementation of the TxDOT DBE Program by CITY OF BEAUMONT the parties agree to meet within ten (10) days of receiving a written request from the other party of a desire to meet to resolve any disagreement. The parties will make good faith efforts to resolve any disagreement as efficiently as is reasonably possible in consultation with FHWA. Non-compliance by CITY OF BEAUMONT can result in restitution of federal funds to TxDOT and withholding of further federal funds upon consultation with FHWA. Form 2395 (Rev.11/11) Page 4 of 6 (7)This MOU becomes effective upon execution by all parties and automatically renews each year unless a party notifies the other parties of its intent to terminate the agreement. (8)If this MOU is terminated for any reason, CITY OF BEAUMONT will be allowed reasonable time in which to seek approval from FHWA for an alternative DBE Program, without being deemed non-compliant with 49 CFR Part 26. (9)This MOU applies only to projects for which CITY OF BEAUMONT is a sub- recipient of federal funds through TxDOT. CITY OF BEAUMONT may also implement a Minority and Women-Owned Small Business Enterprise(M/W/SBE)policy and program that applies to projects for which it is not a sub-recipient of federal funds through TxDOT and which are not subject to the TxDOT DBE Program. CITY OF BEAUMONT may,at its option,use some aspects of the TxDOT DBE Program and other similar programs in implementing its other policies and programs for its non-federally funded projects. (10)The following attachments to this MOU are also incorporated as if fully set out herein for all purposes: Attachment A—FHWA Memorandum HCR-1/HIF-1 (relating to access required by the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973); Attachment B—SPECIAL PROVISION—LOCAL GOVERNMENT/RMA/NON-STANDARD CONTRACTS Attachment C—49 CFR§26.13 (contractual assurances) Attachment D—DBE Program Compliance Guidance for Local Government Agencies Attachment E—FHWA Form 1273 Attachment F—Texas Department of Transportation(TxDOT)Disadvantaged Business Enterprise (DBE)Program with attachments as follows: Attachment F 1 —DBE Regulations:49 CFR Part 26 Attachment F2—DBE Special Provisions 000-1966 Attachment F3—TxDOT's Organizational Chart Attachment F4—Measurement and Payment Special Provision 009-007 Attachment F5—Texas Unified Certification Program(TUCP)DBE directory example and website address to the directory Attachment F6—DBE Goal Methodology Attachment F7—DBE Bidder Certification Attachment F8—DBE Joint Check Approval Form Attachment F9—TUCP Standard Operating Procedures(SOP) Attachment F10—TUCP Memorandum of Agreement(MOA) Attachment F11 —Forms list (11)The following procedure shall be observed by the parties in regard to any notifications: (a) Any notice required or permitted to be given under this MOU shall be in writing and may be effected by personal delivery,by hand delivery through a courier or a delivery service,or by I Form 2395(Rev.11/11) Page 5 of 6 registered or certified mail, postage prepaid, return receipt requested, addressed to the proper party,at the following address: CITY OF BEAUMONT KYLE HAYES CITY MANAGER Hand Delivery: 801 MAIN STREET, SUITE 300,BEAUMONT,TEXAS,77704 Registered or Certified Mail(Return receipt requested): 801 MAIN STREET, SUITE 300,BEAUMONT,TEXAS,77704 TEXAS DEPARTMENT OF TRANSPORTATION DBE Liaison Office of Civil Rights Address: 125 E. 11th Street Austin,Texas 78701 (b)Notice by personal delivery or hand delivery shall be deemed effective immediately upon delivery,provided notice is given as required by Paragraph(a)hereof. Notice by registered or certified mail shall be deemed effective three(3)days after deposit in a U.S.mailbox or U.S. Post Office,provided notice is given as required by Paragraph(a)hereof. (c)Either party hereto may change its address by giving notice as provided herein. (12)This MOU may be modified or amended only by written instrument,signed by both CITY OF BEAUMONT and the TxDOT and dated subsequent to the effective date(s)of this MOU. Except as authorized by the respective parties,no official,employee,agent,or representative of the parties has any authority,either express or implied,to modify or amend this MOU. (13)The provisions of this MOU are severable. If any clause,sentence,provision,paragraph,or article of this MOU,or the application of this MOU to any person or circumstance is held by any court of competent jurisdiction to be invalid, illegal,or unenforceable for any reason,such invalidity,illegality, or unenforceability shall not impair,invalidate,nullify,or otherwise affect the remainder of this MOU, but the effect thereof shall be limited to the clause, sentence,provision,paragraph,or article so held to be invalid, illegal,or unenforceable,and the application of such clause,sentence,provision,paragraph, or article to other persons or circumstances shall not be affected;provided,however, CITY OF BEAUMONT and TxDOT may mutually agree to terminate this MOU. (14)The following provisions apply in regard to construction of this MOU: (a)Words of any gender in this MOU shall be construed to include the other,and words in either number shall be construed to include the other,unless the context in this MOU clearly requires otherwise. Form 2395 (Rev.11/11) Page 6 of 6 (b)When any period of time is stated in this MOU,the time shall be computed to exclude the first day and include the last day of the period. If the last day of any period falls on a Saturday, Sunday, or national holiday,or state or county holiday,these days shall be omitted from the computation. All hours stated in this MOU are stated in Central Standard Time or in Central Daylight Savings Time,as applicable. (15)This MOU shall not be construed in any way as a waiver by the parties of any immunity from suit or liability that parties may have by operation of law, and the parties hereby retain all of their respective affirmative defenses. EXECUTED in du lip cate originals by TxDOT and CITY OF BEAUMONT ,acting through each duly authorized official and effective on the latest date signed. The signatories below confirm that they have the authority to execute this MOU and bind their principles. TEXAS DEPARTMENT OF TRANSPORTATION CITY OF BEAUMONT By: By: Phil Wilson KYLE HAYES Executive Director CITY MANAGER Date: Date: L ' B RICH WITH OPPORTUNITY T • E '. X A • s Ci Council A ends Item t3' g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donartr Public Works Director MEETING DATE: July 16, 2013 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Justino and Estalla Jaimes. BACKGROUND There is an existing structure located at 2525 Rusk Street encroaching into a twenty foot(20') alley in Lot 2, Block 20, Oaks Addition. The structure encroaches 7.44'. The request from Justino and Estalla Jaimes, the owners of the structure, was submitted to all city departments and utility companies with one objection from Centerpoint Energy. The City Utilities Department approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damage to the structures if the sanitary sewer line should ever develop a cavity or due to any repairs to the City main by City crews. The City of Beaumont shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of$500 from Justino and Estalla Jaimes for the License to Encroach. RECOMMENDATION Approval of resolution. I RICH WITH OPPORTUNITY BEAi[IMON* Application for License to Encroach City of Beaumont, Texas T E • % A • S r 1. NAME OF APPLICANT: S`)'J t 4JD of ADDRESS: 19 26: _&A 44- PHONE: Z. AUTHORITY OF APPLICANT: 3. NAME OF OWNER: ADDRESS: a-LEoff- 9051t ! f PHONE: LEGAL DESCRIPTION OF OWNER'S PROPERTY(Lots,Blocks, Subdivision) TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: 410e-K Z10 4. DESCRIIPTTIIO,N OF EASEMENT OR RIGHT-OF-WAY INVOLVED: 5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present): _ A)?-Lx>au_j J 6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER: 7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC RIGHT-OF-WAY(Dimensioned and to Engineering Scale). PLEASE INCLUDE ALL PERTINENT INFORMATION ON THE MAP: i. Distances from edge of pavement or back of curb ii. Street names and nearest cross streets iii. Side of the street [east,west, north, south] 8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION IS SUBMITTED— $500 SAID COST BEING NON-REFUNDABLE. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. ,c r SIGNATURE RESOLUTION NO. WHEREAS, Justino and Estalla Jaimes have requested that the City of Beaumont grant a License to Encroach into one (1) twenty foot (20') utility easement at 2525 Rusk Street, which is described as being in Lot 2, Block 20, Oaks Addition, to the City of Beaumont. The encroachment being a structure overlapping 7.44' into the 20' utility easement described in Exhibit"A" and shown in Exhibit"B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach to Justino and Estalla Jaimes to encroach into one (1) twenty foot (20') utility easement at 2525 Rusk Street, which is described as being out of Lot 2, Block 20, Oaks Addition, to the City of Beaumont. The encroachment being an existing structure overlapping 7.44' into the 20' utility easement, as described in Exhibit "A" and shown in Exhibit"B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of July, 2013. - Mayor Becky Ames - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Justino and Estalla Jaimes, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement)described as follows: Said encroachment being a structure overlapping a 20' (twenty foot) alley by 7.44' on Lot 2, Block 20, of the Oaks Addition (2525 Rusk Street). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Page 1 of 4 EXHIBIT "A" Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction,maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Page 2 of 4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 2525 Rusk Street, Beaumont, Texas 77702. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2013. LICENSOR: LICENSEE: CITY OF BEAUMONT By: By: KYLE HAYES JUSTINO JAIMES CITY MANAGER By: ESTALLA JAIMES Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2013, by Justino Jaimes. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2013, by Estalla Jaimes. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 0 OHE-OHE-OHE OHE-OHE-01E7 OHE-OHE- 10'ALLEY(OPEN) PER PLAT � e 24�. � � FND (CALLED 50.00') O � x^ FND 1//2 1. P►AE FND S89°48'32"W 50.29' ' L IZOD. 0.37' 0.3+' H R WOOD"& FRAME R LQ BUILDING /n ON SLAB n 2.59' a BLOCK 20 i 24W o Hap. � It �enac Ci oo z m Z5 o W R PETER O LL z 'A u; Zo o La v� k' c Qj Q nl O BRICK Cc FRAME �$ R ja � '-d I o RESIDENCE o Zpy �0 4.00' g OO U 4.70' Z 0.20' LL LL] ~3 W w a N N LOT 3 Ir D LOT 1 FND 1' FND 1/2 FND 1/2' 1. PIPE 1. PIPE L ROD FND N89'55'15 E 50.14' FND S89°44'33"E 50.33' (CALLED 50.00) (CALLED 50.00) THIS SURVEY WS PEWOR1#ED RUSK STREET WIMMIT aMV OF allMM (60' ROW) MLE COM WInENT.. PROTRUSION NOTE BOL VOARY AND AffROVEMENT SLAW ONLY,EASElEWS. (I)WOOD AND FRAME BUILDING PROTRUDES FROM 7.73' TO 7.44' ONTO E ANY, NOT RESEARCHED 20'ALLEY. OR SHOV^ NNH THE D(CEPRON OF THOSE RATTED TO THE OWNERS OF THE PREMISES SURVEYED 2525 RUSK STREET AS OF THE DATE OF THE SURVEY. BEAUMONT, TEXAS 77702 1. THOMAS S. ROWS DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY Lot Number Two (2), Block Number Twenty (20) of MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED OAKS ADDITION, to the City of Beaumont, Jefferson HEREON AND CORRECTLY REPRESENTS THE FACTS FOUL AT THE TIME County, Texas according to the map or plat as OF THE SURVEY. recorded in Volume 3, Page 149 of the Map Records of Jefferson County, Texas. DATE SURVEYED: FEBRUARY 20, 2013 OF Owner. Justin Jaimes and Estella Jaimes STe��F-f RFa,y Census: 12.00 • P ..... In accordance with the Flood Hazard Boundary T Mpg$,Ro E, Map, Department of Housing and Urban Development. 9 5728 ,P;O Community No.: 485457 Panel No.: 0020 C y Date of FIRM.8-6-02 �*1 ••Sl1RJ This property lies in Zone 'l'(white). m Location on map determined by scale THOMAS S. ROWE -V REGISTERED PROFESSIONAL. LAND SURVEYOR No. 5728 on map. Actual rield elevation not o determined. Mark W. Whiteley and +CDNSULTING. WHITELEY Associates does not warrant nor P. 0. BOX 5492 subscribe to the accuracy or scale D ASSOCIATES BEAUMONT, TEW 77728-54920f said maps. INCORPORATED 409-892-0421 Zone �' (white) are areas determined to be ENGDflM, 3250 EASf1Ct outside 500 year flood plain. Offi, AND PTa1NNERS BEAUMONT, TEXAS 77709 m 2010 Yo k W Whit ey R beat ern,Inc. o,'document,os an instrument o/ fess—'service,;e the e F 409-892-1348 P 0 2pro'ty 7k—rhostaw (VAX) co cork'*'W—Wt- g Rssock or Inc,and;e not to be uout produced. coped or e;stnbuted.M.hae or part.;uro"t the.�uen e�rnon:er;en er W. 013 13 Wrk W. Whiteky t Aveo We.,W. EXHIBIT "B" RICO WITS OPPORTUWITT BEAUNO-N* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 16,2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving a change order to the contract with Brystar Contracting for the Madison Street Project,approving the final payment amount and accepting the Project COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont vs. Linmarie Garsee,Individually, and Linmarie Garsee d/b/a L.G. Properties, Inc.; Cause No. 90304 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 July 16,2013 Consider a resolution approving a change order to the contract with Brystar Contracting for the Madison Street Project, approving the final payment amount and accepting the Project RICH WITH OPPORTUNITY IIEAUMON* T • E • X 9 A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: July 16, 2013 REQUESTED ACTION: Council consider a resolution approving a change order to the contract with Brystar Contracting for the Madison Street Project, approving the final payment amount and accepting the Project. BACKGROUND On July 19, 2011, City Council awarded Brystar Contracting Inc. the contract for the Madison Street—Irving to Grove Project in the amount of$2,396,243.20. There were two previous change orders resulting in an increase of$257,422.74. Change Order Three and Final in the amount of$200,749.50 is required to adjust quantities actually used during the performance of the project and increase the final contract amount to $2,854,415.44. The project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents and we recommend final payment to Brystar Contracting Inc. in the amount of$266,645.77. Brystar Contracting Inc subcontracted with the MBE firms of Crabtree Barricade Systems, American Remediation Options, Wholesale Electric, H& E Aggregates, and Rural Pipe & Supply. The total MBE amount$227,097.70 represented 7.96% of the final contract amount. A copy of the MBE Schedule C is attached. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. CITY OF BEAUMONT DATE: 3 JULY 2013 PROJECT: MADISON St.PAVEMENT AND DRAINAGE IMPROVEMENT PROJECT OWNER; CITY OF BEAUMONT CONTRACTOR: BRYSTAR CHANGE ORDER NO.: 03(FINAL) f't E` � if{�;�'� 5�� is Adjust the Estimated Quantities to reflect the Actual Quantities used In the completion of the project: ORIGINAL CONTRACT AMOUNT: $2,3%,243.20 NET FROM PREVIOUS CHANGE ORDERS: $2,653,665.94 TOTAL AMOUNT OF THIS CHANGE ORDER: $200,749.50 PERCENT OF THIS CHANGE ORDER: 838% TOTAL PERCENT OF THIS CHANGE ORDER: 19.13% NEW CONTRACT AMOUNT: $2,854,415.44 wool s ys-e ?f'ijlt ;°t ?tillsill � `,?` isfr�•..<?:1r. - s`-�aS..�;;:..l��if.? t {.� sii° s t:t.3:��.,f.r�it.?j,t'EIS:#Ss.cirxe;i ACCEPTED BY: PREPARED BY: BRYAN I RAFAEL G.MIRANDA BRYSTAR CONT PROJECT MANAGER APPROVED BY: DR. EPH ,P.E. CITY ENGINEER PATRIC DONART,P.E. KYLE HAYES,CITY MANAGER PUBLIC WORKS DIRECTOR ATTESTED BY: TINA BROUSSARD,CITY CLERK CITY OF BEAUMONT ESTIMATE PAMiore law n .;.::......... ::::..:at.yam,.. ..,............::.:......... :: ::f."s `; 2 ,.....y r r r •: 100 001 PREP ROW STA 27.68 27.68 0.00 27.68 s1,00o.00 $2r.BW.00 104 001 REMOVING CONC(PAVXB'- SY 16678 16,367.73 25.74 18,393.47 $4.50 $73,770.82 104 002 REMOVING CONC(DRTVEWAYX4•-0' SY 1138 1.517.84 0.00 1,517.84 $5.00 $7,589.20 104 003 REMOVING CONC(SIDEWALK+WCRX4') SY 1957 2,210.53 17.22 2,227.75 $3.60 581019.90 110 001 EXCAVATION(RDWY) CY 790U 7,617.08 282.94 7,900.00 $9.00 $71,100.00 132 001 EMBANK(FINAL)(ORD COMP)(TY B) CY 1214 247.78 968.22 1,214.00 $7.00 $8,498.00 162 001 SODDING FOR EROSION CONTROL SY 1161 700.00 1,850.00 2,350.00 $3.00 $7,050.00 168 001 VEGETATIVE WATERING MG 50 38.00 0.00 36.00 $40.00 $1,440.00 260 001 LIME TREATMENT(ROAD MIXXB'XDC Q98%SPD) SY 18250 0.00 0.00 0.00 $3.00 $0.00 260 '902 LIME TREATMENT(MATERIALXSLUR MM) TON 320 0.00 0,00 0.00 $170.00 $0.00 270 001 CM TRT(PT MX)(CL LXWX300PS1d7DAYS COMP STRGTHXTY A)(GR 2) SY 18250 17,781.03 83.79 17,884.82 $11.00 '$196,513.02 276 002 CM TRT(PT MX)(CL LX12'X300PSIQ7.0AYS COMP STRGTH)(TY A)(GR 2) SY 100 982 86 000 382 88 $35.00 Size" CONCRETE TO ASPHALT PAVEMENT TRANSITION) 310 001 PRIME COAT(AE-P) GAL 109 20.00 0.00 20.00 $10.00 $200,00 340 001 DGR HMA(TY D)(PG 0+22XCONC.TO ASPHALT TRANSITION) TON 100 10.20 0.00 10.20 $150.00 91,530.00. 354 001 PLANING AND TEXTURING PAVEMENT(1 U2"TO 4•) SY 16000 0.00 0.00 0.00 $0.05 $0.00 360 001 CONC PVMT(CLASS P)(10')(CRJR)(C.O.NO.III SY 15110 13,827.90 2894 13,858.84 $44.00 iON.700•96 400 001 EXCAVATION(STORM SEWER) CY 3$42 3,302.41 0.00 3,302.41 $9.00 $29,721.89 400 002 CMT STABIL BKFL(2 SKI CY 3000 2,463.89 0.00 2,463.69 $25.00 $61,59225 402 001 TRENCH EXCAVATION PROTECTION(STORM SEWER) LF 3356 2,318.00 0.00 2,318.00 $0.25 $578.50 485 001 MANHOLE(TYPE AXC OMPLETE) EA 4 4.00 (1.00) 3.00 $3.000.00 $9,000.00 465 002 INLET(COMPLETE)(TY A) EA 20 20.00 0.00 20.00 $2,500.00 $60,000.00 485 003 INLET(COMPLET)(TY A MODIFIED) EA 8 1200 0.00 12.00 $3,100.00 $37=00 465 004 INLET EXTN(COMPLETE) EA 12 16.00 0.00 18.00 $110b0.00 $16.000.00 479 001 ADJUSTING MANHOLES.&INLETS EA 6 3.00 2.00 5.00 $1.800.00 $9.000.00 496 001 REMOVING STRUCTURES(PIPES) LF 1747 1,785.00 0.00 11785.00 65.00 t8 mo0 498 002 REMOVING STRUCTURES(TRAFFIC SIGNS) EA 18 2.00 16.00 18.00 $40,00 $720.00 496 003 REMOVING STRUCTURES(TRAFFIC SIG POLES W/ARMS E HEADS) EA 4 4.00 0.00 4.00 5810.00 $3, 40.00 496 004 IREMOVING STRUCTURES(TRAFFIC SIG POLES FDN) EA 4 4.00 0.00 4.00 $750.00 $3,000.00 496 005 IREMOVI NG STRUCTURES(TRAFFIC CNTRL CABINET) EA 1 1.00 0.00 1.00 I $moo X30.00 498 006 IREMOVING STRUCTURES(TRAFFIC CNTRL CABINET FON) EA 1 1.00 0.001 1.001 $750.00 s-1w oo CITY OF BEAUMONT ESTIMATE PAGE 2OF6 .... . ....... j'.':....: lk ......... k. 498 007 REMOVING STRUCTURES(TRAFFIC CNTRL PB) EA 3 0.00 5.00 3.00 $135.00 $406.00 498 008 REMOVING STRUCTURES(G 8 MH) EA 18 26.00 0.00 28.00 $425.09 S11,O50.o0 500 001 MOBILIZATION LS 1 1.00 0.00 1.00 $75,000.00 $75.000.00 502 001 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 19 19.00 0.00 19.00 $1,500.00 $30 IOp.00 508 001 CONSTRUCTION ENTRANCEOUT(INSTALL) SY 1422 0.00 0.00 0.00 $1.65 ,$0.00 508 002 CONSTRUCTION ENTRANCE"T(REMOVE) BY 1422 0.00 0.00 0.00 $0.85 $0.00 508 003 TEMP SEDIMENT CONTROL FENCE(INSTALL 3 REMOVE) LF 8534 280.00 0.00 280.00 $1.00 $250.00 506 004 CURB INLET SEDIMENT TRAP(INSTALL&REMOVE) EA 28 28.01) 0.00 28.00 $150.00 $3,90Q.00 529 001 CONC CURB(MONO)(TY II)(CL A)(67 LF 5702 8,238.00 134.00 8,370.00 $3.50 $22,296,00 530 001 DRIVEWAYS(CONC)(4') SY 2125 1.918.03 28.55 1,944.58 $48.00 $89,450.88 531 001 CONC SIDEWALKS(S)(4') BY 20W 2,41127 32.44 2,444.41 $24.00 $58,585,84 531 002 CURB RAMP(TY 2) EA 20 16.00 2.00 18.00 $650.00 $1$240.00 531 003 CURB RAMP(TY 22) EA _ 2 2.00 0.00 2.00 $1,250.00 $2,660.00 636 001 CONCRETE MEDIAN(CL A)(6') SY 100 89.50 0.00 89.80 $38.00 $3,404.80 4540 001 18'HOPE(WATER T1GHTxTYPE S) LF 555 587.50 0.00 587.50 $48.00 $28 200.00 4840 002 24 HOPE(WATER TIGHT YPE S) LF 465 715.001 0.00 715.00 $32.00 $12.580.00 4540 003 30'HOPE(WATER TIGHTX YPE S) LF 417 417.00 0.00 417.00 $40.00 $18,550.00 4640 004 39'HOPE(WATER TIGHT)(TYPE8) LF 273 273.00 0.00 273.00 $50.00 $13.660.00 4640 005 4Y HOPE(WATER TiGHTXTYPE S) LF 391 392.00 0.00 392.00 $63.00 $24,096.00 4040 005 48"HOPE(WATER TIGHTXTYPE S) LF 513 521.00 0.00 521.00 $80.00 541 85000 4840 607 45 DEG BEND X 24'HDPE(WATER TIGHTxTYPE S) EA 1 1.00 0.00 1.00 $590.00 j630,o0 TRANSPORTATION 416 001 FDN FOR TRAFFIC SIGNAL(38"DRILL SHAFT) LF 52 52.00 0.00 5200 $170.00 $8.840.00 818 001 3'CONDOR(PVC SCHD 4p)(TRENCHED) LF 60 0.00 0.00 0.00 $11.00 j0 616 002 a CONDUIT(PVC SCHD 40)(TRENCHED) LF 15 9.00 0.00 9.00 $15.50 $139.60 9118 003 3"CONDUIT(PVC SCHD 40)(BORED) LF 265 270.00 0.00 270.00 $17.00 $4.590.00 920 001 ELECTRICAL CONDUCTOR(NO.9)(BARE) LF 340 853.00 0.00 553.00 $1.30 $848.90 824 001 GROUND BOX TY A EA 4 0.00 3.00 3.00 $550.00 $1,950.00 e24 002 GROUND BOX TY C EA 1' 0.00 2.00 zoo $940.00 $1,680.00 B44 001 INS SM RD SN SUP 8 AM TY 136WG(1)WA(P) EA 18 0.00 21.00 21.00 $400,00 $5,400,00 CITY OF BEAUMONT ESTIMATE PAGE 3 OF` ......, .,[ �: �;i zRx.:"sr::o:ic5:"'z. :i 7 :LC: wo?•: r:.:;:: tag. .i?Li «« set::•:: zzmmttttii ':iS.Nixx5tt x :: 668 001 REFLECT PAV MARKING TY-14•BROKEN WHITE LF 1272 0.00 1,190.00 1,190.08 to.7s $892.50 888 002 REFLECT PAV MARKING TY-1 17 SOLID WHITE(100 MIL) LF 524 0.00 610.00 510.00 $Z50 $1276.00 668 003 REFLECT PAV MARKING TY-120 SOLID WHITE(100 MIL) LF as 0.00 220.00 220.00 $5.00 $1,100.00 888 004 REFLECT PAV MARKING TY-1 YIELD BAR WHITE(100 MIL) LF 32 0.00 3200 3200 $11.00 $35200 888 005 REFLECT PAV MARKING TY-1 ARROW WHITE(RIGM100 MIL) EA 1 0.00 1.00 1.00 $100.00 $100.00 888 006 REFLECT PAV MARKING TY-1 ARROW WHRE(LEFTx100 MIL) EA 3 0.00 3.00 3.00 $100.00 $300.00 686 007 REFLECT PAV MARKING TY-1 WORD WHRE(ONLY)(100 MIL) EA 4 0.00 4.00 4.00 $185.00 $740.00 888 008 REFLECT PAV MARIINGTY-1 4'SOLID YELLOW(100 MIL) LF 5088 0.00 4,99600 4,938.00 $080 $3,950.40 672 001 REFLECT PAVE MRKR TY 1 A EA 128 0.00 14200 14200 Woo $420,00 872 002 REFLECT PAVE MRKR TY FC EA 128 0.00 85.00 $5.00 $3,00 $M.00 682 001 LED VEH SIG SEC(127(RED BALL) EA 8 8.00 0.00 8.00 $480.00 53,840.00 682 002 LED VEH SIG SEC(127(YEL BALL) EA 8 8.00 0.00 8.00 ;480.00 93,840,00 682 003 LED VEH SIG SEC(127(GRN BALL) EA 8 &00 0.00 8.00 $480.00 1384000 882 004 LED VEH SIG SEC(72')(GRN ARROW) EA 2 200 0.00 200 $480AO $960.00 684 001 TRAF SIG CBL IMSA 20-1(4 CONDR)(14 AWG) LF 590 1,869.00 350.001 2,009.00 S1.SS 53,113.95 664 002 TRAF SIG CBL IMSA 20.1(7 CONDR)(14 AWG) LF 285 49900 (LOU 43&00 $7.70 $736.10 884 003 TRAF SIG CBL IMSA 20-1(9 CONDR)(14 AWG) LF 590 653700 0.001 653.00 $1.80 $1,175.40 884 004 TRAF SIG CBL IMSA 20-1(9 CONDR)(14 AWG) LF 590 0.00 0.00 0,00 11.80 $000 688 001 TRAF SIG POLE ASSEAA(STEEL) EA 4 4.00 0.00 4.00 $6.60000 $26,40000 888 001 PED DETECT(PUSH BOTTON) EA 8 0.00 8.00 8.00 $260.00 25,000,00 8055 001 LED�D SEC(COUNTDOWN) EA 8 0.00 8.00 6.00 $980.00 $7,840.00 8075 DOI REMOVE TRArRC'SIGNALEQUIPMENT LS 1 0.00 1.00 1.00 $1,200.QD $1,200.00 62W 001 VIVDS SYSTEM INSTALLATION EA 1 0.00 1.00 1.00 $4,400.00 $4,400.00 6200 002 VIVUS RACK EA 1 0.00 1.00 1.00 $800.00 $800.00 8200 .003 FOUR CHANNEL PROCESSOR EA 1 0.00 1.00 1.00 $7,700.00 $7,700.00 8200 004 PELCO CAMERA MOUNTING ASTRO BRAC EA 4 0.00 4.00 4.00 $300.00 51,200.00 8200 005 RG 59 CABLE LF 225 853.00 0.00 853.00 $1.40 $4.191.20 8200 008 VIVDS CAMERA EA 3 .0.00 4.00 4.00 $1.750.00 $7,000.00 8800 001 TRAF SIG INSTALLATION(COMPLETE) EA 1 0.74 0.26 1.00 $20,ODO.00 $20,000.00 CITY OF BEAUMONT ESTIMATE PAGE40FG E` ....... ice: 't .: wE :: :Z... �;•; Yv:�:5 3 5 a .`. .. .. .. ..,..., Y.M. :..<... ,....... . V. . POTABLE WAIE6 810 1 Fundah&IndaY-7 41fam re pass 180-SDR•26 PVC wow(me LF 40.00 582.00 0.00 562.00 $22.00 $12,804.00 810 2 Famish&Instal 4'-C-900 pass 150 DR-is PVC wdw Yns LF 150.00 112.00 0.00 11200 $80.00 $8,720,80 810 3 Famish&inad 4r-G900 am 150 DR-18 PVC water One LF 2720.00 3,145.75 0.00 3,145.75 $52.00 $183,579.00 810 4 Furnish&lnsW-1Z'-C-900 pass 150 DR-18 PVC wrier Ilne LF 120.00 133.00 0.00 133.00 $92A0 $12,235.00 810 5 Furnish&Instal 17 Diameter x 114 Steel CastI g LF 20,00 15.00 0.00 15.00 $41.00 $615.00 810 6 Famish&Instal 16' DtarnoW x 1/4 S"Caekg LF 20.00 0.00 0.00 0.00 $49,00 $0,00 810 7 Fwdsh&Instal 1'HDPE PE3468 SDR 9,200 psi SHORT SIDE EA' 25.00 38.00 0.00 38.00 $500:00 $19,000,00 810 8 Fumieh&Instal 1'HDPE PE3408 SDR-0,200 psi LONG SIDE EA 38.00 39.00 0.001 39.00 $660.00 $25,360.00 810 9 Fumtah&kvW 8'ResMent Wedge Gate Valve&Valve Box EA 4.00 1.00 0.00 1.00 $725.00 $725.00 810 10 Fumish&Instal a`ReaMent Wedge Gate Vdve&Valve Box EA 4.00 8.00 .0.00 8.00 $1,050,00 $8,400,00 810 11 Furnish&Instal 17 Realient Wedge Gate Valve 8 Valve Box EA 2.00 2.00 0.00 2.00 $2,000.00 $4,000.00 810 12 Furnish&Instal 2'HYMAX Cooping EA 1100 0.00 0.00 0.00 $390.00 $0.00 810 13 Furtdsh&Instal W HYMAX Coupling, EA 1.00 4.00 0.00 4.00 $550.00 $2,200.00 810 14 Fumbh&Instal 8'HYMAX CoupNng, EA 2.00 200 0.00 2.00 $810.00 $1,220.00 810 15 Parrish&Instal 17 HYMAX C&A*V EA 2.00 200 0.00 2.00 $810.00 $1,620.00 810 16 Furnish&Instal 7 45 degree Jaunt comb EA 200 0.00 0.00 0.00 $125m f0.60 810 17 Famish&Instal 6'45 degree Joint eampkta EA 4.00 8.00 0.00 6.00 $200.00 111200,00 810 18 Famish&Instal 1745 degree Joint complet EA 4.00 8.00 0.00 6.00 $450.00 $2,700.00 810 19 . Furtrah.&instal 2'90 degree Jdnt 00mplets EA 2.00 0.00 0.00 0.00 $125.00 $0.00 810 20 Famish&instal 8'90 degree EA 200 11.00 0.00 11.00 $250.00 $$750.00 810 21 Fmish&Instal ON 7 Tiwsded Cap EA 2.00 1.00 0.00 1.00. $105.00 $106.00 810 22 Furnish&InsW U.Tappkg Sleeve EA 200 0.00 0.00 0.00 $1,050.00 $0.00 810 23 Funsh&Instal 8'Tee vMh Mind Range EA 1.00 1.00 0.00 1.00 $325,00 $325.00 810 24 FumIsh&halal 9'x8 K 6'Tee EA 2.00 1.00 0.00 1.00 $350.00 $380.00 810 25 Funsh&Instal 8'k 8'x 8'Tee, EA 1.00 3.00 0.00 3.00 $426.00 $1275.00 810 28 Furnish&Instal 17 Cross Joint, EA 1.00 1.00 0.00 1.00 $1,500.00 $1,500,00 810 27 Fumipr&Instal 8'x 8'i2educar EA -1.00 3.00 0.00 3.00- $190.00 $570.00 810 28 Fumiah&Instal 17 x 8'Reducer, EA 2.00 0.00 0.00 0.00 5280.00 $000 810 29 Fumish&metal 6' EA 200 0.00 0100 0.00 $106.001 $0.00 CITY OF BEAUMONT ESTIMATE PA+W SOF5 Ad F :.:. v. .,..... ... CR. s .. ... .. .. ,. ., ... .,....... .............. , .. ... �'i `.!ire 'i!ii: aeS.:s!i 810 30 Frxnish 8 InstsO r WONT Meter with Box. EA 1.00 0.00 0.00 0 $0.00 808 31 F�xnish 6 Instant ft Hydrant Asaambly(Complete In Place) EA 8.00 8.00 0.00 $33.800.00 810 32 Abatement d ExiaOnp Transits Water Llne LF 120.00 0.00 0.00 $O,Op 4020 33 8'FIDPE Solid War Pipe SDR-17 LF 340.00 390.00 0.00 390.00 _82.00 $20,180.00 4020 34 10'HOPE Sold Wag Pipe SOR-17 LF 780.00 710.00 0.00 710.00 $65.00 $48,150.00 702 35 8'PVC SDR-25 Sauter Stub4k ta, LF 80.00 52.00 0.00 U-00 $86.00 _4,420.00 702 36 8'PVC SDR-26 Sanitary Saw SWb-Outs LF 20.00 6.001 0.00 0.00 $90.00 $0.09 702 31 10'PVC sma Sanitary Sewer S tub-Ou(s. LF 90.00 10.00 0.00 70.00 $95.00 $950.00 702 38 1r PVC SDR426 Sanitary saws Swb-Oua, LF 10.00 3.00 0.00 3.00 $100.50 $300.00 404 39 Fundsh 3 Instal 16'Diameter x 114"Steel Caft LF 20.00 0.00 0.00 0.00 $88.00 $0.00 708 40 Remove and Replaos ex manhole EA 8:00 3.00 0.00 3.00 $2,520.00 $7,560.00 200 41 Junction Box LS 1.00 O.OD 1.00 1.00 $8350.00 18.950.00 712 42 Clean and Televise al ExisOrhp Sanitary Sewer LF 1280,00 0.00 1,108.00 1,106.00 $3.50 $3,871.00 712 43 Chen and TelvAss Proposed SRMMY Sewer(C.O.NO.01 LF 1970.00 0.w 1,040.00 11040.00 12.50 $2,600.00 712 44 Trench Safety Plan,IN aocadw"will SPodlicstions Item No 712 LS 1.00 0.00 1.00 1.00 $800.00 1800.00 712 45 Trench eP safety System,trench eat Protection for all excaoaflarte over Sve4w LF 4290.00 418.00 0.00 418.00 $023 $104.00 CHANGE ORDER NO.01 PAVING dt DRAINAGE 110 002 EXCAVATION(ROAOWAYXSl18GRADE) CY 3041.00 3,041.00 0.00 3,041.0 $4,60 $13.864.50 247 001 FLEX BASE(7Y AXGR3X8'XDCXCOMP IN PLXSUBGRADE) SY 18250.00 17,781.03 83.79 17,86462 1800 $14Z918.56 360 002 CONC PVMT(CLASS PX10'XCR4RXHES) SY 1500.00. 3,778.19 72.13 3,860.32 580.00 $231,019.20 WATER UTILITIES 496 009 REMOVAL OF 770'X38'CIP BOX(P THICK WALL)FOR WATERMAIN LS 1.00 7.00 0.00 1.00 $3.600.00 $3.500.00 INSTALLATION 810 33 r WATERLINE(UMBRELLA LINE AT HEMLOCK SY) LS 7.00 1.00 0.00 1.00 $3.425.00 $3.426.00 4020 1 PIPE BURSTING(8)SAW SWR LINE UNCL.LABOR.EQUIP 8 MATLS rAr BOX OBSTUCTION LS 1.00 1.00 0.00 1.00 $5,06274 $5,082.74 CHANGE ORDER NO.02 432 001 RIPRAP(e'THICK)(8'TO 1'$"HT.) LF 2700.00 3,505.94 48.00 3,553.94 $48.00 $170,569.12 550 001 CHAIN LINK FENCE(4'HTXREMV 8INSTXCOMP IN PL) LF 100.00 206.00 825.00 830.00 $15.00 512,450.00 752 001 TRF�&BRUSH REMOVAL(TREE 2'AND GREATER) EA 3,00 9,00 0,00 9,00 $1,450.00 f13,050.00 CITY OF BEAUMONT. ESTIMATE PAGE 6OF6 ...:..::,.:.:.. :I'.<R. ' 'g ?; I s--" , : CHANGE ORDER NO,03 104 004 REMOVING CO PA f0' NO V1( ) 7LF 25.74 0 .7 .00 4 25 25.7 4 1.00 $2 540.. f 54 104 005 SAW CUT FULL DEPTH PAV(107 t09.00. 0:00 103.0 104.00 $8.00 $824.00 502 001 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 19.00 19.00 1.00 1.00 $1,500.00 $1,600.00 666 6M 4•PAVEMENT SURFACE PREPARATION&SEALER LF 6128.00 0.00 6,128.00 6,126.00 $0.89 $4,228.32 086 010 tY PAVEMENT SURFACE PREPARATION&SEALER LF 510.00 0.00 510.00 510.00 $2.00 $1,020.00 066 011 24"PAVEMENT SURFACE PREPARATION&SEALER LF 220.00 0.00 220.00 220.00 $3.44 $756.80 660 012 PAVEMENT SURFACE PREPARATION t SEALER(ARROW) EA 5.00 0.00 5.00 5.00 $08.75 $343.75 000 013 PAVEMENT SURFACE PREPARATION&SEALER(WORD) EA 5.00 0.00 5.00 5.00 $10825 $531.25 008 014 PAVEMENT SURFACE PREPARATION&SEALER(18'YIEL)) EA 3200 0.00 32.00 32.00 $97.50 $1,200.00 000 015 PAVEMENT SURFACE PREPARATION&SEALER(8'Ty iXwXsLD) LF 321.00 0.001 321.00 321.00 $2.00 $84.2.0 666 010 PAVEMENT SURFACE PREPARATION A SEALER(8•STRIPING) LF 321.00 p.01 321.00 321.00 $140 $44940 538 001 CONCRETE MEDIANS&DIRECTIONAL ISLANDS LS 1.00 0.00 1.00 i.Op $2,661.05 $2,051.05 PREPARED BY: GRAND TOTAL AMOUNT OF WORK DOME: $2.,854,415A4 FAEL MIRAN PROJ CT GER i LESS 5%RETAINAGE: $0.00 APPROVED BY: f `f /" � " DT.J PH MAJD ,P .,CITY ENGINEER SUB TOTAL: $2,854,415.44 LESS PREVIOUS PAY ESTIMATE: $2,587,769.67 PATRICK DONART,P.E.PUBLIC WORKS DIRECTOR AMOUNT DUE THIS ESTIMATE: $266,645,77 I certi►Y rhet All wait rnMu65nq materiels covered by Nke lmrolce , been completed or deNvered In BRYAN PHELPS, BRYSVkR CONTRACTIN,INC. CITY Or BE'AUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE Q Date of Report June 25,2013 Department Project No. Location Madison Street Brystar Contracting,Inc. Name of Prime Contractor/Proposer � ' +.r "�+��1^::' �t��-x .. �;` .i^� ... ��''"''� xe- y,"C+�:`.iG"�:v z 4 -•a.. ��,,.y;r.` ,�t� ' � v ���..���-.:+�Z �i.�s'o. L t �:����°7 ... fi�p#-7fa�.V� �r�" �" K r � iT�. r� i�, •,..k o.a� .. 3":.Y..�.: ',t i 1 F''> d�.l't�',11 V+/ +-:y5 '� F k� ��Sk��.I J�Yx�����•i,ySy�.YF�I `4� F Y A T ' � I�?.];,J t�y,� ����'ti. ..'���A �!�M �r' } 1 Crabtree Barricade Systems PO Box 20195 BMT TX 77720 Barricades,Signs,Traffic Handling Striping $53,184.04 American Remediation Options PO Box 8028,Lumberton,TX 77675 Sod $3,900.00 Wholesale Electric 4790 Cardinal Dr BMT TX 77705 Material Supplier $4,473.04 H &E Aggregates 3504 Blue Spruce Pearland,TX 77581 Material Supplier $164,362.62 Itural Pipe&Supply 809 Visador Rd.Jasper TX 75951 Material Supplier $1,178.00 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: I. 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 50%and 100%of project completion. Signature _ Title 34 RESOLUTION NO. WHEREAS, on July 19, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-200 awarding a contract in the amount of $2,396,243.20 to Brystar Contracting, Inc., of Beaumont Texas,forthe Madison Street Pavement, Drainage, Water and Sanitary Sewer Improvement Project to include storm sewer, sanitary sewer, water installations and concrete pavement improvements including sidewalks; and, WHEREAS, on April 17, 2012, the City Council of the City of Beaumont, Texas passed Resolution No.12-076 for Change Order No. 1 in the amount of $56,922.74, thereby increasing the contract amount to $2,453,165.94; and, WHEREAS, on July 10, 2012, the City Council of the City of Beaumont, Texas passed Resolution No. 12-146 for Change Order No. 2 in the amount of$200,500, thereby increasing the contract amount to $2,653,665.94, and; WHEREAS, Change Order No. 3 in the amount of$200,749.50 is required to adjust the quantities actually used during the performance of the project, thereby increasing the contract amount to $2,854,415.44; and, WHEREAS, the project has been inspected and completed in accordance with the terms and conditions of the contract and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 3 to adjust quantities actually used during the performance of the project, thereby increasing the contract amount by $200,749.50 for a total contract amount of $2,854,415.44; and, BE IT FURTHER RESOLVED THAT the Madison Street Pavement, Drainage Water and Sanitary Sewer Improvement 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$266,645.77 to Brystar Contracting, Inc. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of July, 2013. - Mayor Becky Ames -