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PACKET NOV 22 2016BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 22, 2016 1:30 P.M. CONSENT AGENDA Approval of minutes — November 8, 2016 Confirmation of committee appointments A) Approve the purchase of a fork lift from The Equipment Depot, Inc. for use by the Water Utilities Department B) Authorize the City Manager to execute Change Order No. 1, accept maintenance and authorize final payment to BDS Construction, LLC dba MK Constructors of Vidor for the Avenue A Rehabilitation of the Existing Sanitary Sewer and Water Lines Project C) Authorize the settlement of the claim of Duc Au D) Authorize the settlement of the claim of Kevin Nguyen E) Approve a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking and granting authority to approve and initiate electronic funds (wires) or ACH transfers of any and all City funds on deposit at Wells Fargo Bank, NA F) Approve a resolution amending authorized representatives for Texas Local Government Investment Pool (TexPool), a public funds investment pool G) Approve a resolution amending authorized representatives for the Local Government Investment Cooperative (LOGIC), a public funds investment pool H) Approve a resolution requesting a change in investment authority for the City of Beaumont I) Approve a resolution amending authorized signatories for execution of documents related to Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds — Direct Payment Issuer) J) Approve a resolution changing authorized signatories related to the Hurricane Ike Round 2.2 Funds U T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution approving the purchase of one(1) Combilift hydraulic fork lift from The Equipment Depot, Inc., of Beaumont, in the amount of $96,895.00 for use by the Water Utilities Department. BACKGROUND The Combilift fork lift is replacing a 1998 Sellick SG -60 Rough Terrain fork lift. The fork lift will be used by the Water Utilities warehouse to move large pieces of inventory both within the warehouse and in the outside pipe yard. The unit is a high capacity, heavy duty unit capable of operations on rough terrain. The current unit will be disposed of in accordance with the City's surplus property policy. Pricing was obtained through the Southeast Texas Purchasing Cooperative (Region 5 ESC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Region 5 ESC complies with State of Texas procurement statutes. Warranty service is provided by the Equipment Depot. Delivery is expected within four (4) to six (6) months. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Council hereby approves the purchase of one (1) Combilift hydraulic fork lift for use by the Water Utilities Department from The Equipment Depot, Inc., of Beaumont, Texas, in the amount of $96,895.00 through the Southeast Texas Purchasing Cooperative Association (Region 5 ESC). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - I �w BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director�/�% MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance and authorize final payment to BDS Construction, LLC dba MK Constructors of Vidor, Texas for the Avenue A Rehabilitation of the Existing Sanitary Sewer and Water Lines Project in the amount of $85,484.65. BACKGROUND On March 15, 2016, by Resolution 16-051, City Council awarded BDS Construction, LLC dba MK Constructors of Vidor, Texas, the contract for the Avenue A Rehabilitation of the Existing Sanitary Sewer and Water Lines Project in the amount of $864,693.00. The project provided for the replacement of water and sanitary sewer lines along Avenue A from the Cardinal Drive frontage road to Elgie Street. Change Order No. 1, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The adjustment in quantities results in an overall decrease of (-$9,846.50) or (-1.14%) and a final contract value of $854,846.50. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance, approval of Change Order No. 1, and final payment in the amount of $85,484.65 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Ones DATE: November 22, 2016 Page 1 of 1 PROJECT: City of Beaumont, Texas Avenue A Rehabilitation of the Existing Sanitary Sewer and Water Lines Project OWNER: City of Beaumont. Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: BDS Construction, LLC dba MK Constructors 16736 [H-10 Vidor, Texas 77662 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Final reconciliation change order to adjust for quantities resulting from approved field changes and actual construction. ORIGINAL CONTRACT AMOUNT: S 864,693.00 THIS CHANGE ORDER Description: Unit Price Ouanti Net Change ADD $55.00/L.F. (6.00) $ (330.00) Item 2 Furnish and Install Fire Hydrant Assembly $4,900.00 / EA. 1.00 $ 4.900.00 Item 3 Furnish and Install 2" HDPE Water Line $50.00 / L.F. 113.00 $ 5,650.00 Item 6 Furnish and Install 6" HDPE Water Line $58.00 / L.F. 321.00 S 18,618.00 Item 1 I Furnish and Install 8" MJ Tee $625.00 / EA. 5.00 $ 3.125.00 Item 13 Furnish and Install 12" x 8" MJ Tee $1,000.00 / EA. 2.00 $ 2,000.00 Item 16 Furnish and Install 8" MJ 90e Bend $600.00 / EA. 2.00 S 1,200.00 Item 17 Furnish and Install 8" MJ 45e Bend $550.00 / EA. 5.00 $ 2.750.00 Item 18 Furnish and Install 8" MJ 301 Bend $550.00 / EA. 1.00 $ 550.00 Item 19 Furnish and Install 12" MJ 45e Bend $1,000.00 / EA. 1.00 $ 1,000.00 Item 20 Furnish and Install 12" x 8" MJ Reducer $1,000.00 / EA. 1.00 $ 1,000.00 Item 22 Furnish and Install 8" x 6" MJ Reducer S425.00 / EA. 4.00 $ 1,700.00 Item 27 Furnish and Install 6" MJ Solid Sleeve S425.00 / EA. 1.00 $ 425.00 Item 28 Furnish and Install 8" MJ Solid Sleeve $500.00 / EA. 3.00 $ 1,500.00 Item 31 Replace V Short Side Water Service Connection $800.00 / EA. 2.00 $ 1,600.00 Item 35 Furnish and Install 6" Gate Valve & Box $1,000.00 / EA. 2.00 S 2,000.00 Item 36 Furnish and Install 8" Gate Valve & Box $1,400.00 / EA. 1.00 S 1,400.00 Item 44 Replace 4" Long Side Sewer Service Connection S 1,800.00 / EA. 3.00 $ 5,400.00 Item 45 Televise Existing Sanitary Sewer Service Lines $350.00 / EA. 1.00 $ 350.00 DELETE Item 4 Furnish and Install 2.1/4" HDPE Water Line $50.00 / L.F. (4.00) $ (200.00) Item 5 Furnish and Install 4" HDPE or PVC Water Line $55.00/L.F. (6.00) $ (330.00) Item 8 Furnish and Install 12" HDPE or PVC Water Line $65.00 / L.F. (65.00) $ (4,225.00) Item 9 Furnish and Install 12" x 8" MJ Cross $1,190.00 /EA. (1.00) $ (1,190.00) Item 10 Furnish and Install 8" MJ Cross $900.00 / EA. (2.00) S (1,800.00) Item 12 Furnish and Install 12" MJ Tee $1,200.00 / EA. (1.00) $ (1,200.00) Item 15 Furnish and Install 8" x 8" 45e MJ Tee $800.00 / EA. (3.00) S (2,400.00) Item 21 Furnish and Install 8" x 4" Reducer $425.00 / EA. (3.00) S (1,275.00) Item 23 Furnish and Install 4" x 2-1/4" Reducer $200.00 / EA. (1.00) S (200.00) Item 24 Furnish and Install 4" x 2" Reducer $400.00 / EA. (2.00) S (800.00) Item 25 Furnish and Install 2" MJ Solid Sleeve or Hi -Max $425.00 / EA. (2.00) $ (850.00) Item 26 Furnish and Install 2-1/4" MJ Solid Sleeve or Hi -Max $500.00 / EA. (1.00) $ (500.00) Item 29 Furnish and Install 12" Solid Sleeve $800.00 / EA. (2.00) S (1,600.00) Item 30 Replace 1" Long Side Water Service Connection $1,150.00 / EA. (4.00) $ (4,600.00) Item 32 Furnish and Install Meter Box $150.00 / EA. (4.00) $ (600.00) Item 33 Furnish and Install 2" Gate Valve & Box S700.00 / EA. (2.00) S (1,400.00) C:\U.-\MK\AMO"e LooaIW;-..R\W.down\INeICs:he1Oo,tenl.OWlxk\37YTZDRO\ChargeONv1 Av" Item 34 Furnish and Install 2-1/4" Gate Valve & Box $750.00 / EA. (1.00) $ (750.00) Item 37 Furnish and Install 12" GateValve & Box $2,400.00 / EA. (4.00) S (9,600.00) Item 41 Furnish & Install 6 -inch HDPE sanitary sewer pipe $100.00 / L.F. (18.00) $ (1,800.00) Item 42 Furnish & Install 8 -inch HDPE sanitary sewer pipe $57.00 / L.F. (271.00) S (15,447.00) Item 43 Replace 4" Short Side Sewer Service Connection $500.00 / EA. (2.00) $ (1,000.00) Item 46 Clean & TV Existing Sanitary Sewer Lines $2.50 / L.F. (299.00) S (747.50) Item 47 Point Repairs & Obstruction Removals, <10' Deep $2,500.00 / EA. (5.00) $ (12,500.00) TOTAL AMOUNT OF THIS CHANGE ORDER: $ (9,846.50) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: S 854,846.50 CONTRACT TIME 120 Calendar Days Total Requested Rain Days 28 Calendar Days Subtotal of Construction Days 148 Calendar Days Total Rain Days Included In Contract -10 Calendar Days Total Allowed Contract Days 138 Calendar Days Total Contract Days Used 133 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: of Beaumont blic Works Director Date: Approved by: City of Beaumont Owner Date: C:\UM \MK\ADODIWLLLOCW 9mWa IWm.0 VNMC,,helCmtent,Outloo 37VTZORO%ClunpeOMwIfveA Accepted by: BDS Construction, LLC dba MK Constructors Contractor Date: MONTHLY ESTIMATE FOR CITY OF BEAUMONT AVE A UTILITY REHAB OF EXISTING WATER AND SEWER PROJECT pw0116-08 ESTIMATE NO.: Retainage CALENDAR DAYS ALLOWED: 120 CALENDAR DAYS USED: 133 CALENDAR DAYS OVER: CONTRACT TIME BEGAN: April 18, 2016 Total Rain Days 28 CERTIFCATE OF THE CONTRACTOR OR HIS DULY AUTHORIZED REPRESENTATIVE To the best of my knowledge and belief, I certify that all items, quantities and prices of work and material shown on the face of this estimate are correct; that all work has been performed and materials supplied in full accordance with the terms and conditions of the corresponding construction contractual documents between the OWNER AND CONTRACTOR, all changes authorized thereto; that the forgoing is a true and correct statement of the contract account up to and including the last day of the period covered by the estimate and that no part of the "AMOUNT DUE CONTRACTOR' has been I further certify that all just and lawful bills against the below named CONTRACTOR for labor, materials, and expendable equipment employed in the performance of said contract have been paid in full accordance with the contract requirements SUBMITTED BY: �lftik Project Manager 'WE rT1_E BIDS Contractor dba MK Constructors DATE: 11/16/2016 REVIEWED BY: DATE: ORIGINAL CONTRAT AMOUNT CONTRACT AMOUNT INCLUDING CHANGE ORDERS TOTAL AMOUNT OF WORK DONE TO DATE TOTAL MATERIALS ON HAND TOTAL WORK AND MATERIALS LESS: RETAIL AGE 10% PREVIOUS PAYMENTS TOTAL DEDUCTIONS AMOUNT DUE CONTRACTOR APPROVED BY: October 7, 2016 $ 864,693.00 854.846.50 $ 854,846.50 $ 85,484.65 Percent Complete 100.00% APPROVED BY: CITY OF BEAUMONT, TEXAS CITY OF BEAUMONT, TEXA OF ONT, TEXAS DATE: 11 (1 t t, 1) 1, DATE: !' -/ lj - a n) LR DATE: It 6 116 MONTHLY ESTIMATE FOR CITY OF BEAUMONT 0 AVE A UTILITY REHAB OF EXISTING WATER AND SEWER ESTIMATE NO: aminal) BID ITEM 2 Furnish & Install Fire Hydrant Assembly 3 2" HDPE SDR -9 PE 3408 Water Line (open trench or directional 4 2-114" HDPE SDR -9 PE3408 Water Line (open trench or directio 5 4" HDPE Solid Wall Pipe DR 11 or Class 150 C-900 PVC 6 6" HDPE Solid Wall Pipe DR 11 or Class 150 C-900 PVC 7 8" HDPE Solid Wall Pipe DR 11 or Class 150 C-900 PVC 8 12" HDPE Solid Wall Pipe DR 11 or Class 150 C-900 PVC 1 LS $ 24,000.00 $ 24,000 00 1,190.00 j I t i 13 ---1—$ 12 EA $ 4,900.00 $ 6,250.00 10 Furnish & Install 8" MJ Cross 12 LF $ 50.00 $ - 353 $ 20,474.00 600.00 4 LF $ 50.00 $ 8,125001 Furnish & Install 8" MJ Tee i EA 6 LF $ 55.00 32 LF $ 58.00 1 EA $ 1,200.00 8164 LF $ 43.00 190 LF $ 6500 i DATE: October 7, 2016 QUANTITY THIS I QUANTITY TOTOTAL ESTIMATE DATE COST TO DATE 1 $ 24,000 00 1,190.00 j I t i 13 ---1—$ --i3,700 06 1 EA i 125 $ 6,250.00 10 Furnish & Install 8" MJ Cross 2 800.00 I 900.00 $ - 353 $ 20,474.00 600.00 _EA 8164 $ 351,052.00 i 125 $ 8,125001 Furnish & Install 8" MJ Tee i g Fumish & Install 12" x 8" MJ Cross 1 EA $ 1,190.00 j $ 500.00 1 EA $ 500.00 10 Furnish & Install 8" MJ Cross 2 800.00 $ 900.00 $ - 3 EA $ 600.00 _EA I t 11 Furnish & Install 8" MJ Tee 7 EA $ 625.00 12 $ 7,500.00j' 12 Furnish & Install 12" MJ Tee 1 EA $ 1,200.00 Is - 13 Furnish & Install 12" x 8" MJ Reducing Tee 14 Furnish & Install 8" x 6" MJ Reducing Tee 15 Furnish & Install 8"x 8" Degree MJ Tee 16 Furnish & Install 8" MJ with 90 degree bend 17 Furnish & Install 8" MJ with 45 degree bend t _ 3 $ 1 EA $ 1,000.00 1 $ 500.00 1 EA $ 500.00 5 $ 4 EA $ 800.00 14 $ 7,700.00 3 EA $ 600.00 I 9 EA $ 550.00 4 Pape 1 or! I _ 3 $ 3,000.00 1 $ 500.00 1 $ 800.00 5 $ 3,000.00 14 $ 7,700.00 MONTHLY ESTIMATE FOR CITY OF BEAUMONT AVE A UTILITY REHAB OF EXISTING WATER AND SEWER ESTIMATE NO: T(Final) DATE: October 7, 2016 BID ITEM 18 DESCRIPTION _ Furnish & Install 8" MJ with 30 degree bend �. QUANTITY 1 CONTRACT UNIT � EA $ I QUANTITY THIS UNIT PRICEESTIMATE 550.00 QUANTITY TO DATE 2 TOTAL COST TO DATE $ 1,100.00 _— 1 19 Furnish &Install 12" MJ with 45 degree bend _1 EA $ 1,000.00 ; 2 $ 2.000.00 20 Furnish & Install 12" x 8" Reducer 1 EA $ 1,000.00 2 $ 2,000.00 21 _ _ Furnish & Install 8" x 4" Reducer 4 EA $ 425.00 1 $ 425.00 22 Furnish & Install 8" x 6" Reducer 5 EA $ 425.00 9 $ 3,825.00 23 Furnish & Install 4" x 2-1/4" Reducer 1 EA $ 200.00 $ 24 Furnish & Install 4" x 2" Reducer 3 EA $ 400.00 1 Is 400.00 25 Fumish & Install 2" MJ Solid Sleeve or Hi -Max Coupling — 3 j EA $ 425.00 1 $ 425.00 26 lFurnish & Install 2-1/4" MJ Solid Sleeve or Hi -Max Coupling 1 EA S 500.00 $ 27 Furnish &Install 6" MJ Solid Sleeve 4 EA $ 425.00 J 5 $ 2,125.00 48 Furnish &Install 8" MJ Solid Sleeve 4 EA $ 500.00 7 Is 3,500.00 i 29 Furnish & Install 12" MJ Solid Sleeve 4 EA $ 800.00 2 $ 1,600.00 30 Replacement of 1" Long side service connection w/ 1" HDPE 3408 water 40 EA $ 1.150.001 36 $ i 41,400.00 31 Replacement of 1" Short side service connection w/ 1" HDPE 3408 water 26 EA $ 800.00 28 $ 22,400.00 32 Furnish & Install Meter Box _ 66 EA $ 150 001 48 62 $ 9,300.00 33 Furnish & Install 2" Resilient Wedge Gate Valve & Valve Box 3 EA $ 700.0011 $ 700.00 Furnish &Install 2-114" Resilient Wedge Gate Valve & Valve Box _- _ 1 EA $ 750.00 $ Py 2of3 ESTIMATE NO: 7(Final) BID ITEM 35 Furnish 36 Furnish MONTHLY ESTIMATE FOR CITY OF BEAUMONT 0 AVE A UTILITY REHAB OF EXISTING WATER AND SEWER CONT _ DESCRIPTIONQUANTITY UNI' & Install 6" Resilient Wedge Gate Valve & Valve Box 5 EA & Install 8" Resilient Wedge Gate Valve & Valve Box 30 EA DATE: October 7, 2016 QUANTITY THIS QUANTITY TO TOTAL COST TO RICE ESTIMATE DATE DATE 1,00D.00 7 $ 7,000.00 1,400.00 31 1 $ 43,400.00 37 Furnish & Instal 12" Resilient Wedge Gate Valve & Valve Box 6 EA $ 2,400.00 2 $ 4,800.000 38 39Fumish 40 Remove & Replace Furnish and Install 4' Diameter Fiberglass Manhole<12' & Install Sanitary Sewer Manhole <12' Abandon Existing 4' Diameter Fiberglass Manhole <12' Depth 9 1 1 EA EA EA $ $ $ 7,600.00 7,000.00 2,500.00 9 1 1 $ $ $ 68,400.00 _ 7,000.00 2,500.00 41 6" HDPE Solid Wall Pipe OR 17 or SDR -26 PVC Sanitary Sewer Lines j 443 LF $ 100.00 425 $ 42,500.00 i 42 8" HDPE Solid Wall Pipe DR 17 or SDR -26 PVC Sanitary Sewer Lines 1435 LF $ 57.00 1 1164 $ 66,348.00 43 Replacement of 4" Short Side Service Connections up to Property Line _ : 6 EA $ 500.00 4 _ is 2,00000 44 lReplacement of 4" Long Side Service Connections up to Property Line 2 EA $ 1,800.00 5 $ 9,000.00 45 46 Televise the Existing Sanitary Sewer Service Une Connections Clean and Televise the 6" & 8" Newly Bursted Sanitary Sewer Lines1878 8 EA LF $ $ 350.00 2.50 9 1579 $ $ 3,150.00 3,947.50 47Point Repairs and Obstruction Removals =< 10 Ft. 5 EA S 2,500.00 $ 48 Safety Safety Plan Note: Bid Items and Quantities revised per Change Order No. One (1) 1 LS 1 LS ! S 5,000.00 1 $ 2,500.00 $ I $ 5,000.00 2,50000 TOTAL AMOUNT OF WORK PERFORMED TO DATE: 854,846.5C Pap, 3 .11 RESOLUTION NO. WHEREAS, on March 15, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-051 awarding a contract in the amount of $864,693.00 to BDS Construction, LLC d/b/a MK Constructors, of Vidor, Texas, for the Avenue A Rehabilitation of the Existing Sanitary Sewer and Water Lines Project; and, WHEREAS, Change Order No. 1, in the amount of ($9,846.50), is necessary to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the contract amount to $854,846.50; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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 for additional work described above, thereby decreasing the contract amount by ($9,846.50) for a total contract amount of $854,846.50 for the Avenue A Rehabilitation of the Existing Sanitary Sewer and Water Lines Project (from the Cardinal Drive frontage road to Elgie Street); and, BE IT FURTHER RESOLVED THAT the Avenue A Rehabilitation of the Existing Sanitary Sewer and Water Lines Project (from the Cardinal Drive frontage road to Elgie Street) 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 $85,484.65 to BDS Construction, LLC d/b/a MK Constructors, of Vidor, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - c TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attome 4' -'--- MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Duc Au. BACKGROUND This matter was presented and discussed in Executive Session held on October 25, 2016. The City Attorney is requesting authority to settle this claim in the amount of $45,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Duc Au has been discussed in an Executive Session properly called and held Tuesday, October 25, 2016; and, WHEREAS, the City Attorney is requesting authority to settle this claim,- NOW, laim; 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 he is hereby authorized to settle the claim of Duc Au in the amount of Forty -Five Thousand and 00/100 Dollars ($45,000.00); 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - ED BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney<�; � MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Kevin Nguyen. BACKGROUND This matter was presented and discussed in Executive Session held on October 25, 2016. The City Attorney is requesting authority to settle this claim in the amount of $5,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Kevin Nguyen has been discussed in an Executive Session properly called and held Tuesday, October 25, 2016; 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 he is hereby authorized to settle the claim of Kevin Nguyen in the amount of Five Thousand and 00/100 Dollars ($5,000.00); 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - E BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking and granting authority to approve and initiate electronic funds (wires) or ACH transfers of any and all City funds on deposit at Wells Fargo Bank, NA. BACKGROUND Kyle Hayes and Laura Clark are currently authorized as signatories on City accounts with Wells Fargo, N.A. Todd Simoneaux is to be added as an authorized signatory on the same accounts effective November 22, 2016 and Laura Clark is to be deleted as authorized signatory effective December 2, 2016. The City's internal controls for wires or ACH transfers call for one individual to initiate wires and ACH transfers and another to approve them. It is important to have more than one person with the each authority in order to cover in the absence of those who primarily handle each task. Nada Rogers, and Elizabeth Shakour are currently authorized to request any and all City funds on deposit with Wells Fargo Bank, NA., while Kyle Hayes, Laura Clark and Todd Simoneaux are authorized to approve the transactions. Chance Chapman is being granted authority to initiate wires and ACH transfers while Kristin Ferguson is being granted authorization to approve wires and transfers. Elizabeth Shakour and Laura Clark are being deleted from the same, respectively. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Kyle Hayes and Laura Clark are currently authorized as signatories on City of Beaumont accounts with Wells Fargo Bank, N.A.; and, WHEREAS, Laura Clark is to be deleted as an authorized signatory effective December 2, 2016 and Todd Simoneax is to be added as an authorized signatory effective November 22, 2016; and, WHEREAS, Nada Rogers and Elizabeth Shakour are currently authorized to request electronic funds (wires) or ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, WHEREAS, Elizabeth Shakour is to be deleted as authorized to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A. and Chase Chapman is being granted authority to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, WHEREAS, Kyle Hayes, Laura Clark and Todd Simoneaux are currently authorized to approve electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, WHEREAS, Laura Clark is to be deleted as authorized to approve electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A. and Kristin Ferguson is being granted authority to approve electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; 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 Laura Clark is to be deleted as an authorized signatory on City of Beaumont accounts with Wells Fargo Bank, N.A. effective December 2, 2016 and Todd Simoneax is to be added as an authorized signatory on City of Beaumont accounts with Wells Fargo Bank, N.A. effective November 22, 2016, and, BE IT FURTHER RESOLVED THAT Elizabeth Shakour is to be deleted as authorized to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A. and Chase Chapman is being granted authority to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, BE IT ALSO RESOLVED THAT Laura Clark is to be deleted as authorized to approve electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A. and Kristin Ferguson is being granted authority to approve electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, BE IT ALSO RESOLVED THAT this Resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - F 10:�iiL�IA:i7 T E X A S Mel City Council FROM: Kyle Hayes, City Manager Ul PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution amending authorized representatives for Texas Local Government Investment Pool (TexPool), a public funds investment pool BACKGROUND The Texas Local Government Investment Pool (TexPool), a public funds investment pool, was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. TexPool was approved as an investment alternative for the City of Beaumont on November 6, 1996. Kyle Hayes, Laura Clark, and Todd Simoneaux are currently authorized representatives for the City with TexPool. Kyle Hayes, Todd Simoneaux and Kristin Ferguson are being designated as authorized representatives for the City of Beaumont and are hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds as needed, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local funds. Laura Clark is being deleted as an authorized representative. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on November 5, 1996, the City Council of the City of Beaumont, Texas adopted Resolution No. 96-273 approving the Texas Local Government Investment Pool (TexPool) as an investment alternative for the City of Beaumont; and, WHEREAS, Kyle Hayes, Laura Clark and Todd Simoneaux are currently authorized representatives with TexPool; and, WHEREAS, Laura Clark is to be deleted as an authorized representative and Kyle Hayes, Todd Simoneaux and Kristin Ferguson are to be designated as authorized representatives for the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE .�lIM019111►us] IWe] a1.Iwe] IMel 0e3M_to] ►A[0]ONIM THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Kyle Hayes, Todd Simoneaux and Kristin Ferguson are to be designated as authorized representatives for the City of Beaumont and are hereby authorized to transmit funds for investment in the Texas Local Government Investment Pool (TexPool) and are further authorized to withdraw funds as needed, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local funds; and, BE IT FURTHER RESOLVED THAT Laura Clark is to be deleted as an authorized representative with TexPool; and, BE IT ALSO RESOLVED THAT this Resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager`, PREPARED BY: Laura Clark, Chief Financial Officer Y� MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution amending authorized representatives for the Local Government Investment Cooperative (LOGIC), a public funds investment pool BACKGROUND The Local Government Investment Cooperative (LOGIC), a public funds investment pool, was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. LOGIC was approved as an investment alternative for the City of Beaumont on March 4, 1997. Kyle Hayes, Laura Clark, and Todd Simoneaux are currently authorized representatives with LOGIC. Kyle Hayes, Todd Simoneaux and Kristin Ferguson, are being designated as authorized representatives for the City of Beaumont and are hereby authorized to transmit funds for investment in LOGIC and are each further authorized to withdraw funds as needed, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local funds. Laura Clark is to be deleted as an authorized representative. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on March 4, 1997, the City Council of the City of Beaumont, Texas adopted Resolution No. 97-45 approving the Local Government Investment Cooperative (LOGIC) as an investment alternative for the City of Beaumont; and, WHEREAS, Kyle Hayes, Laura Clark and Todd Simoneaux are currently authorized representatives with LOGIC; and, WHEREAS, Laura Clark is to be deleted as an authorized representative and Kyle Hayes, Todd Simoneaux and Kristin Ferguson are to be designated as authorized representatives for the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Kyle Hayes, Todd Simoneaux and Kristin Ferguson are to be designated as authorized representatives for the City of Beaumont and are hereby authorized to transmit funds for investment in the Local Government Investment Cooperative (LOGIC) and are further authorized to withdraw funds as needed, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local funds; and, BE IT FURTHER RESOLVED THAT Laura Clark is to be deleted as an authorized representative with LOGIC; and, BE IT ALSO RESOLVED THAT this Resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - H BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer K MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution requesting a change in investment authority for the City of Beaumont. BACKGROUND State law mandates the City Council designate one or more investment officials to be responsible for the investment of funds consistent with the City's adopted investment policy. The City Manager, who by authority of the City Charter is responsible for all investments of the City, can delegate explicit authority to other individuals to invest the City's funds on a day to day basis. Investment officials shall not deposit, withdraw, transfer or manage the funds of the City of Beaumont in a manner that is not consistent with the "prudent person" standard. The current investment officials are Kyle Hayes, Laura Clark and Todd Simoneaux. Kristin Ferguson is being added as a designated investment official for the City and Laura Clark is being deleted from the same. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Kyle Hayes, Laura Clark and Todd Simoneaux are currently designated investment officials responsible for the investment of funds consistent with the City's adopted investment policy; and, WHEREAS, Laura Clark is to be deleted as an investment official and Kristin Ferguson is to be added as designated investment official responsible for the investment of funds consistent with the City's adopted investment policy; 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 Laura Clark is to be deleted as an investment official and Kristin Ferguson is to be added as designated investment official responsible for the investment of funds consistent with the City's adopted investment policy, and, BE IT FURTHER RESOLVED THAT this Resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - T E X A S TO: City Council FROM: Kyle Hayes, City Manager 111-1 PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution amending authorized signatories for execution of documents related to Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds — Direct Payment Issuer). BACKGROUND The American Recovery and Investment Act of 2009 authorized municipalities to issue taxable bonds known as "Build American Bonds (BABs)" to finance capital expenditures and to elect to receive a subsidy payment from the federal government equal up to 35% of each interest payment on such taxable bonds. The City issued Waterworks and Sewer System Revenue bonds, Taxable Series 2010B (BABs) on August 12, 2010, which will mature September 1, 2021 through September 1, 2036 with interest payable semiannually in March and September. On August 10, 2010, the City Council approved an agreement with The Bank of New York Mellon Trust Company, N.A., for calculation services related to the BABs. The Bank of New York completes Form 8038CP which must be filed before each semiannual interest payment in order to receive the subsidy on the payment. In conjunction with that filing and any other paperwork required to be executed related to the bonds, Bank of New York requires a resolution with the currently authorized signatories for the documents. Current signatories are Kyle Hayes and Laura Clark. Todd Simoneaux is being added as an authorized signatory and Laura Clark is being deleted from the same. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Kyle Hayes and Laura Clark are currently authorized as signatories for the execution of documents related to Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds -Direct Payment Issuer); and, WHEREAS, Laura Clark is to be deleted as an authorized signatory for the execution of documents related to Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds -Direct Payment Issuer) and Todd Simoneaux is to be added as an authorized signatory for the execution of documents related to Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds -Direct Payment Issuer),- NOW, ssuer); 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 Laura Clark is to be deleted as an authorized signatory for the execution of documents related to Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds -Direct Payment Issuer) and Todd Simoneaux is to be added as an authorized signatory for the execution of documents related to Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds - Direct Payment Issuer); and, BE IT FURTHER RESOLVED THAT this Resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - J BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution changing authorized signatories related to the Hurricane Ike Round 2.2 Funds. BACKGROUND The City was awarded $18.4 Million in funds through the Texas General Land Office, Hurricane Ike Disaster Recovery Program for projects including partial reconstruction of Avenue A, Magnolia Street, a new Public Health Facility and a new Fire Station No. 2. Avenue A is the only project not yet closed out. In order for the City to be reimbursed funds, there must be a resolution designating signatories for all documents related to reimbursements. Kyle Hayes and Laura Clark are currently authorized signatories. Todd Simoneaux is being added as an authorized signatory and Laura Clark is being removed from the same. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Kyle Hayes and Laura Clark are currently authorized as signatories for all documents related to reimbursements for Hurricane Ike Round 2.2 Funds; and, WHEREAS, Laura Clark is to be deleted as an authorized signatory for all documents related to reimbursements for Hurricane Ike Round 2.2 Funds and Todd Simoneaux is to be added as an authorized signatory for all documents related to reimbursements for Hurricane Ike Round 2.2 Funds; 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 Laura Clark is to be deleted as an authorized signatory for all documents related to reimbursements for Hurricane Ike Round 2.2. Funds and Todd Simoneaux is to be added as an authorized signatory for all documents related to reimbursements for Hurricane Ike Round 2.2. Funds; and, BE IT FURTHER RESOLVED THAT this Resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 22, 2016 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to award a bid to LD Construction for the Rehabilitation of Magnolia Avenue (From Gill Street to Liberty Avenue) Project 2. Consider a resolution authorizing the City Manager to execute Change Order No. 5 for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway) 3. Consider a resolution approving Change Order Numbers 18 and 19 to the contract with The Texas Department of Transportation (TxDOT) for the Concord Road Project 4. Consider a resolution authorizing the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant 5. Consider amending Section 20.03.004 of the Code of Ordinances related to school speed zones WORK SESSION * Review and discuss post -employment benefits (retiree health insurance for new hires) * Review and discuss the operations of the City Attorney's Office 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 Mitchell Normand at 880-3777. I November 22, 2016 Consider a resolution authorizing the City Manager to award a bid to LD Construction for the Rehabilitation of Magnolia Avenue (From Gill Street to Liberty Avenue) Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to LD Construction of Beaumont, Texas in the amount of $2,507,067.00 for the Rehabilitation of Magnolia Avenue (From Gill Street to Liberty Avenue) Project. BACKGROUND The section of Magnolia Avenue from Gill Street to Liberty Avenue is a heavily traveled, four (4) lane roadway that crosses IH 10. The existing roadway has experienced numerous failures and after continual repair efforts now requires resurfacing to extend the life of the roadway. On Thursday, October 27, 2016, three (3) formal bids were received. The bid totals are shown in the table below with the unit cost tabulation attached. Contractor Location Bid LD Construction Beaumont, Texas $2,507,067.00 APAC Beaumont, Texas $2,685,378.50 ALLCO Beaumont, Texas $3,126,424.00 On November 8, 2016, the City's engineering consultant, HDR, Inc., of Houston, Texas provided the City with a letter recommending award to LD Construction. Public Works Engineering is in agreement with the consultant's recommendation. A total of 365 calendar days are allocated for the completion of the project. LD Construction is a Certified MBE/HUB company. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. November 8, 2016 Mr. Joseph Majdalani Director of Public Works City of Beaumont, Texas 801 Main Street, Suite 200 Beaumont, Texas 77704 RE: Letter of Recommendation Magnolia Avenue Paving & Drainage Rehabilitation Project City of Beaumont, Texas City of Beaumont Bid No. PW0916-21 I HDR Job No. 15-066 Dear Mr. Majdalani: On October 27, 2016, the three firms listed below submitted bids on the above referenced project. Each bid was checked by HDR Engineering, Inc. (HDR) for mathematical errors and/or bid irregularities. There were no mathematical errors found in the bid tab. The following is a summary of our bid evaluation: 1. Bid Tabulation Sheet — Three construction firms submitted qualified bids. The bid totals for the project are as follows: CONTRACTOR TOTAL BID LD Construction $2,507,067.00 APAC-Texas, Inc. $2,685,378.50 Allco Construction $3,126,424.00 The total bid as submitted by the apparent low bidder, LD Construction, is $2,507,067.00- A copy of the Bid Tabulation is included with this letter. 2. City Required Bid Package Forms — HDR and the City reviewed the bid package of LD Construction to verify that the necessary forms, including the Acknowledgment of Addendas, Electronic Bid Schedule, Bid Summary, Corporate Resolution, Bid Bond, Information Required of Bidder, Conflict of Interest Questionnaire, Statement of City Charter Provision on Conflict of Interest, MBE Schedule C, and Insurance Verification Affidavit were completed and submitted with the bid. HDR and the City found that LD Construction submitted all the required forms with the bid. The remaining two construction firms also submitted all the required forms. A checklist of the required forms is included on the last page of the Bid Tabulation. hdrinc.com 4828 loop Central Drive, Suite 800, Houston, TX 77081-2220 T (713) 622-9264 F (713) 622-9265 Texas Registered Engineering Firm F-754 LD Construction has performed work satisfactorily in the past for the City of Beaumont and is currently performing work for the City on other projects. LD Construction appears to be a responsible firm that is capable of performing the specified work in a satisfactory manner. For these reasons, HDR recommends that the City of Beaumont award the Magnolia Avenue Paving & Drainage Rehabilitation Project to LD Construction for the Total Bid amount of $2,507,067.00. If you have any questions, please contact us. Sincerely, HDR Engineering, Inc. 6��- J n Peterson, P.E. .ect Manager BID TABULATION PWO916-21 - Magnolia Avenue Paving H Drainage Rehabilitation Project BID OPENING DATE: Thursday, October 27, 2016 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. - ._ .. By. J n Peterson, PE, Project Manager Date: 11/8116 LD CONSTRUCTION APAC ALLCO ITEM NO. ITEM CODE QUANTITY UNIT DESCRIPTION BEAUMONT, TX BEAUMONT, TX BEAUMONT, TX KEITH GUNN SCOTTBLANCHARD T.W.HARRISON UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 104 2017 25 SY Removing Cone (Driveways) $ 22.00 $ 550.00 $ 61.00 $ 1,525,00 $ 60.00 $ 1,500.00 105 2001 2,050 SY Removing Asph Pav Over RR Rail $ 2.00 $ 4,100.00 $ 6.50 $ 13,325.00 $ 17.00 $ 34,850.00 204 2003 70 MG Sprinkling (Dust Control) $ 100.00 $ 7,000.00 $ 28.00 $ 1,960.00 $ 150.00 $ 10,500.00 340 2001 59,000 SY Dense Graded Hot Mix Asphalt (2") (Type C) $ 9.50 $ 560,500.00 $ 9.40 $ 554,600.00 $ 10.66 $ 628,940.00 340 2002 3,250 TON Dense Graded Hot Mix Asphalt (1") (Type F) $ 92.00 $ 299,000.00 $ 94.00 $ 305,500,00 $ 120,00 $ 390,000.00 354 2021 56,950 SY Planing and Texturing Pavement (1"-3") $ 2.00 $ 113,900.00 $ 2.90 $ 165,155.00 $ 6.50 $ 370,175.00 361 2001 8,800 SY Full -Depth Repair of Cone Pav (ASB) Estimated $ 100.00 $ 880,000.00 $ 73.00 $ 642,400.00 $ 83.00 $ 730,400.00 464 2002 200 LF RC Pipe (CL III) (15 IN) $ 140.00 $ 28,000.00 $ 120.00 $ 24,000.00 $ 75.00 $ 15,000.00 464 2003 385 LF RC Pipe (CL 111) (18 IN) $ 140.00 $ 53,900.00 $ 125.00 $ 48,125.00 $ 80.00 $ 30,800.00 465 2000 2 EA inlet (Compl) (Modified Double Grate) $ 3,800.00 $ 7,600.00 $ 6,450.00 $ 12,900.00 $ 4,400.00 $ 8,800.00 465 2012 6 EA Inlet (Compl) (Curb) (Ty A) $ 3,500.00 $ 21,000.00 $ 5,250.00 $ 31,500.00 $ 3,300.00 $ 19,800.00 465 2340 1 EA Manh (Compl) (Junct Box) (Ty A) $ 5,400.00 $ 5,400.00 $ 51850.00 $ 5,850.00 $ 8,200.00 $ 8,200.00 465 4001 5 EA Mann (Comps) (Ty A) (48 IN) $ 4,200.00 $ 21,000.00 $ 7,550.00 $ 37,750.00 $ 6,600.00 $ 33,000.00 496 2097 200 LF Remove STIR (RR Rall) Estimated $ 10.00 $ 2,000.00 $ 28.00 $ 5,600.00 $ 140.00 $ 28,000.00 500 2001 1 LS Mobilization $ 142,000.00 $ 142,000.00 $ 211,000.00 $ 211,000.00 $ 200,000.00 $ 200,000.00 502 2001 12 MON Barricades, Signs, and Traffic Handling $ 3.000.00 $ 36,000.00 $ 2,500.00 $ 30,000.00 $ 9,000.00 $ 108,000.00 529 2002 1,850 LF Cone Curb (Ty 11) $ 14.00 $ 25,900.00 $ 43.00 $ 79,550.00 $ 34.00 $ 62,900.00 529 2004 3,500 LF Cone Curb & Gutter (Ty 11) $ 35.00 $ 122,500.00 $ 70.00 $ 245,000.00 $ 55.00 $ 192,500.00 529 2008 2,650 LF Cone Curb & Gutter (Special) (9"x6") $ 40.00 $ 106,000.00 $ 70.00 $ 185,500.00 $ 58.00 S 153,700.00 530 2010 25 SY Driveways (Cone) $ 92.00 $ 2,300.00 $ 140.00 $ 3,500.00 $ 200.00 $ 5,000.00 644 2001 6 EA Install Small Road Sign Assembly S 440.00 $ 2,640.00 $ 400.00 $ 2,400.00 $ 440.00 $ 2,640.00 666 2012 270 LF Refl Pav Mrk Ty I (W) 4" (SLD) (100MIL) $ 1.10 $ 297.00 $ 1.00 $ 270.00 $ 1.10 $ 297.00 886 2036 1,150 LF Refl Pav Mrk Ty I (W) 8" (SLD) (100MIL) $ 1.70 $ 1,955.00 $ 1.55 $ 1,782.50 $ 1.60 $ 1,840.00 666 2042 1,300 LF Refl Pav Mrk Ty I (W) 12" (SLD) (100MIL) $ 3.00 $ 3,900.00 $ 2.80 $ 3,640.00 $ 3.00 $ 3,900.00 666 2054 62 EA Reil Pav Mrk Ty I (W) (ARROW) (100MIL) $ 200.00 $ 12,400.00 $ 188.00 $ 11,656.00 $ 195.00 $ 12,090.00 666 2096 30 EA Refl Pav Mrk Ty 1(W) (WORD) (100MIL) $ 400.00 $ 12,000.00 $ 365.00 $ 10,950.00 $ 385.00 $ 11,550.00 666 2105 4,900 LF Refl Pav Mrk Ty 1 (Y) 4" (BRK) (100MIL) $ 0.70 $ 3,430.00 $ 0.61 $ 2,989.00 $ 0.66 $ 3,234.00 666 2111 22,350 LF Reit Pav Mrk Ty I (Y) 4" (SLD) (100MIL) $ 0.50 $ 11,175.00 $ 0.46 $ 10,281.00 $ 0.48 $ 10,728.00 Cleaning and Sealing Joints and Cracks (Asph 712 2001 8,820 LF Cone) $ 2.00 $ 17,840.00 $ 2.30 $ 20,286.00 $ 4.00 $ 35,280.00 Remove and Salvage Bricks Stamped 5213 2000 500 SY "Beaumont" Estimated $ 2.00 $ 1,000.00 $ 26.00 $ 13,000.00 $ 13.00 $ 6,500.00 Remove and Replace 8" San Swr in 16" Sts 5289 2000 18 LF Casing, Complete In Place $ 110.00 $ 1,980.00 $ 188.00 $ 3,384.00 $ 350.00 $ 6,300.00 TOTAL $2,507,067.00 $2,685,378.50 $3,126,424.00 Acknowledge Addenda 1 Yes Yes Yes Bid Summary Yes Yes Yes Bid Bond Yes Yes Yes Corporate Resolution Yes Yes Yes Information Required of Bidder Yes Yes Yes Provision on Conflict of Interest Yes Yes Yes Conflict of Interest Questionnaire Yes Yes Yes Schedule C (MBE Participation) Yes Yes Yes Insurance Verification Affidavit Yes Yes Yes Mobilization Not to Exceed 10% of Bid Yes Yes Yes Electronic Copy Enclosed with Bid Yes Yes Yes RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to LD Construction, of Beaumont Texas, in the amount of $2,507,067.00 for the Rehabilitation of Magnolia Avenue (from Gill Street to Liberty Avenue) Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with LD Construction, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - FP - November 22, 2016 Consider a resolution authorizing the City Manager to execute Change Order No. 5 for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director -TI-11 MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5 in the amount of $77,392.60 for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway). BACKGROUND On March 25, 2014, by Resolution No. 14-067, City Council awarded Brystar Contracting, Inc., of Beaumont, Texas the contract for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway) in the amount of $16,478,838.95. This project consists of reconstructing the existing dilapidated asphalt pavement, upgrading its storm sewer system and replacing water and sanitary sewer mains including its appurtenances. Previous Change Order Nos. 1-4, have been reductions in the amount of ($8758.05), making the new contract amount $16,470,080.90. Proposed Change Order No. 5, in the amount of $77,392.60, would consist of additional changes to install a 10" steel casing by bore under the Union Pacific Railroad Tracks Right of Way, a 2" conduit for City's fiber optic communications and traffic signal lights controller lines, the fabrication and installation of new street signs in accordance to City Standards along Washington Boulevard (Amarillo St. to ML King Parkway). The change order would represent an increase of 0.47% to the original contract amount. The new contract amount upon approval of Change Order No. 5 would be $16,547,473.50. FUNDING SOURCE Beaumont Municipal Airport Oil and Gas Revenues. RECOMMENDATION Approval of resolution. RESOLUTION NO. 16-106 WHEREAS, on March 25, 2014, the City Council of the City. of Beaumont, Texas, passed Resolution No. 14-067 awarding a contract in the amount of $16,478,838.95 to Brystar Contracting, Inc., of Beaumont, Texas, for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway); and, WHEREAS, on March 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-051 authorizing Change Order No. 1, in the amount of ($99,838.41), for minor design changes to better accommodate field conditions, thereby decreasing the contract amount to $16,379,000.54; and, WHEREAS, on November 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-255 authorizing Change Order No. 2, in the amount of $85,093.00, to replace the existing piping system and fittings that connect the elevated water storage tank on Harriot Street to the City water distribution system, thereby increasing the total contract amount to $16,464,093.54; and, WHEREAS, on January 11, 2016, the City Manager executed Change Order No. 3 in the amount of ($8,634.64) for replacement of the roadway pavement markings that were not required with pavement markings that are required for installation to meet current State and Highway Standard Pavement Markings, thereby decreasing the total contract amount to $16,455,458.90; and, WHEREAS, Change Order No. 4, in the amount of $14,622.00, is necessary for additional changes to construct a concrete structure to retain and preserve the existing right-of-way landscape improvements and adjust existing sanitary sewer manhole tops to match the proposed road pavement grade, thereby increasing the contract amount to $16,470,080.90; - 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. 4 for additional work described above, thereby increasing the contract amount by $14,622.00 for a total contract amount of $16,470,080.90 for the Washington Boulevard Pavement and Drainage Improvement Project — Phase.J (Amarillo to Martin Luther King Parkway). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2016. a or Becky Ames - CITY OF BEAUMONT DATE: 02 NOVEMBER 2016 PROJECT: WASHINGTON BOULEVARD PAVEMENT AND DAINAGE IMPROVEMENT PROJECT PHASE I OWNER: CITY OF BEAUMONT CONTRACTOR: BRYSTAR CONTRACTING, INC. CHANGE ORDER NO.: 05 :'EE................................................................................:.......it,`..�i+itiR4i.�iNLT;�VR•,�,�+��+•`,•A..'iiW'i�S �VW,ii.�f..�. , ..:',.�•i, r{ii7,,�i.`•:::::::::::::;:::;::::::::::::::::::::::::: Add/Delete Construction Items and/or quantities to the Contract: Item No. Item Code Description Unit Original Quantity New Quantity Unit Price Amount DRAINAGE AND PAVING ADDITION: 104 002 REMOVE CONCRETE (DRWY)(4"-6") SY 9727 9767 $6.00 S240.00 104 003 REMOVE CONCRETE (SWLK)(4"-6") SY 4848 4856 $6.00 $48.00 530 002 DRIVEWAYS CONC)(6") SY 3311 3351 $46.00 $1,840.00 531 001 CONC SIDEWALKS (4") SY 8514 8522 $32.00 $256.00 618 006 2" PVC SCUD 40 CONDUIT (IN 10" CASING) LF - 120 $8.00 $960.00 618 007 10" STEEL CASING DRY BORE (UP RR CROSSING) LF - 120 $630.00 S75,600.00 644 002 1 INS SM RD SN (NAME PLATES & BLK NOS.) EA - 56 $81.50 S4,564.00 15% CONTRACTORS OVERHEAD & PROFIT LS - 1 $684.60 $684.60 DELETION: 618 005 2" PVC SCHD 40 CONDUIT (BORE) LF 400 - $17.00 46,800.00 50.00 CHANGE ORDER TOTAL AMOUNT ADDED $77,392.60 ORIGINAL CONTRACT AMOUNT: 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: $16,478,838.95 $16,470,080.90 $77,392.60 0.47% 1.13% $16,547,47350 KYLE HAYES, CITY MANAGER RESOLUTION NO. WHEREAS, on March 25, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14-067 awarding a contract in the amount of $16,478,838.95 to Brystar Contracting, Inc., of Beaumont, Texas, for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway); and, WHEREAS, on March 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-051 authorizing Change Order No. 1, in the amount of ($99,838.41), for minor design changes to better accommodate field conditions, thereby decreasing the contract amount to $16,379,000.54; and, WHEREAS, on November 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-255 authorizing Change Order No. 2, in the amount of $85,093.00, to replace the existing piping system and fittings that connect the elevated water storage tank on Harriot Street to the City water distribution system, thereby increasing the total contract amount to $16,464,093.54; and, WHEREAS, on January 11, 2016, the City Manager executed Change Order No. 3 in the amount of ($8,634.64) for replacement of the roadway pavement markings that were not required with pavement markings that are required for installation to meet current State and Highway Standard Pavement Markings, thereby decreasing the total contract amount to $16,455,458.90; and, WHEREAS, on June 14, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-106 authorizing Change Order No. 4, in the amount of $14,622.00, for additional changes to construct a concrete structure to retain and preserve the existing right-of-way landscape improvements and adjust existing sanitary sewer manhole tops to match the proposed road pavement grade, thereby increasing the contract amount to $16,470,080.90; and, WHEREAS, Change Order No. 5, in the amount of $77,392.60, is required for additional changes to install a 10" steel casing by bore under the Union Pacific Railroad tracks right-of-way; install a 2" conduit for the City's fiber optic communications and traffic signal lights controller lines; and, the fabrication and installation of new street signs in accordance to City Standards along Washington Boulevard (Amarillo Street to Martin Luther King Parkway), thereby increasing the contract amount to $16,547,473.50; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5 for additional work described above, thereby increasing the contract amount by $77,392.60 for a total contract amount of $16,547,473.50 for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - 3 November 22, 2016 Consider a resolution approving Change Order Numbers 18 and 19 to the contract with The Texas Department of Transportation (TxDOT) for the Concord Road Project BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director 1/1 MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution approving Change Order Nos. 18 and 19 to the contract with the Texas Department of Transportation (TxDOT) for the Concord Road Project. BACKGROUND Texas Department of Transportation (TxDOT) is managing the Concord Road Project. On July 26, 2012, TxDOT entered into an agreement with Tradeco Infrastructura, Inc. in the amount of $11,284,746.71 for the Concord Road Project. On June 10, 2015, Tradeco delivered a voluntary letter of default to TxDOT abandoning and terminating the contract. The Surety Bond held by American Home Assurance Company, is acting in its capacity as the Surety for Tradeco and has chosen Texas Sterling Construction Co., as the Completion Contractor. On September 1, 2015, Texas Sterling Construction Co., was given the Notice to Proceed with a Substantial Completion Date set at November 23, 2016. Previous Change Order Nos. 1-17, have resulted in a decrease to the original contract in the amount of ($230,797.98) making the new contract amount $11,053,948.73. Proposed Change Order No. 18, in the amount of $24,540.34 is required to increase quantities of three (3) existing items to add lime and lime treatment which will require one (1) additional month of barricade services which were not originally considered in the bidding process. If approved the new contract amount would be $11,078,489.07. Proposed Change Order No. 19, in the amount of $28,659.42 is required to address additional work needed to construct a temporary construction detour to keep traffic flowing smoothly in the construction area that is associated with previously approved Change Order No. 14, by Resolution No. 16-170 on September 13, 2016. If approved the new contract amount would be $11,107,148.49. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. 16-170 WHEREAS, on July 26, 2012, the Texas Department of Transportation (TxDOT) entered into an agreement with Tradeco Infrastructura, Inc. in the amount of $11,284,746.71 for the Concord Road Project; and, WHEREAS, on July 9, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13-147 approving Change Order No. 1, in the amount of $88,965.21, including $12,085.19 for Engineering and Contingency charges, for modifications to the water, sanitary sewer, storm sewer, and conduit lines for the project; and, WHEREAS, on June 10, 2015, Tradeco Infrastructura, Inc. delivered a voluntary letter of default to TxDOT abandoning and terminating the contract; and, WHEREAS, the surety bond held by American Home Assurance Company is acting in its capacity as the surety for Tradeco and has chosen Texas Sterling Construction Co. as the completion contractor; and, WHEREAS, on December 15, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-295 approving Change Order Nos. 2, 3, 4 and 5, in the total amount of $37,798.99, including $5,134.81 for Engineering and Contingency charges, for the removal of water oak trees along SH 105; temporary drainage on SH 105 to aid the installation of water and sanitary sewer improvements; adjustment of sanitary manholes to match final paving; and, removal of three (3) existing sanitary manholes, respectively, thereby increasing the contract amount to $11,411,510.91; and, WHEREAS, on March 4, 2016, the City Manager executed Change Order No. 6, in the amount of ($6,695.34), for alterations to the sanitary pipe from SDR -17 to SDR - 26, thereby decreasing the contract amount to $11,404,815.57; and, WHEREAS, on March 24, 2016, the City Manager executed Change order No. 7, in the amount of $6,614.94, including $898.61 for Engineering and Contingency charges, for realignment of 8" PVC waterline to avoid conflict with existing utilities at Concord Road and Garner Street, thereby increasing the contract amount to $11,411,430.51; and, WHEREAS, on February 9, 2016, the City Manager executed Change Order No. 8, in the amount of $0.00, to provide 87 additional working days to the contract, thereby having no affect on the contract amount of $11,411,430.51; and, WHEREAS, on March 8, 2016, the City Manager executed Change Order No. 9, in the amount of ($36,248.64), for adjustments to the unit price for concrete sidewalks, thereby decreasing the contract amount to $11,375,181.87; and, WHEREAS, on April 5, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-061 approving Change Order No. 10, in the amount of $55,461.32, including $7,534.15 for Engineering and Contingency charges, to revise quantities for items relating to the realignment of sanitary sewer lines from Dowlen Road to Garner Road to avoid conflict with established utilities, thereby increasing the contract amount to $11,430,643.19; and, WHEREAS, on March 4, 2016, the City Manager executed Change Order No. 11, in the amount of $3,229.88, to provide concrete collars to be placed at the Concord and Lucas Drive intersection, thereby increasing the contract amount to $11,433,873.07; and, WHEREAS, on May 25, 2016, the City Manager executed Change Order No. 12, in the amount of ($23,851.74), to add Fast Trac HES concrete to the cross street intersections and reduce the thickness of the roadway base, thereby decreasing the contract amount to $11,410,021.33; and, WHEREAS, on June 2, 2016, the City Manager executed Change Order No. 13, in the amount of $3,177.60, for inlet redesign changes due to a conflict with a new waterline, thereby increasing the contract amount to $11,413,198.93; and, WHEREAS, Change Order No. 14, in the amount of ($375,231.43), is necessary to eliminate storm sewer/inlets and proposed concrete payment on Alignment B of the Concord Loop, thereby decreasing the contract amount to $11,037,967.50; 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 authorised to execute Change Order No.14 for additional work described above, thereby decreasing the contract amount by ($375,231.43) for a total contract amount of $11,037,967.50 for the Concord Road Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of September, 2016. t p.m P i a or ecky mes TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 18 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: CITY of Beaumont (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: M Existing F-] Amended R New [ Check one l 3. Indicate the type and amount of funding: Fixed Price (Lump Sum) (Estimated Amount ® Actual Cost (a) Contract Items (Bid Items): 21,206.65 (b) E&C*: (a) x 0 = 3,333.69 enter (c) Indirect Cost**: (a + b) x = 0.00 enter % TOTAL 24,540.34 P CCSJ: 0920-38-153 Project: HP 450(1) Highway: CS County: JEFFERSON District: BEAUMONT Contract Number: 07123217 Use as needed: I hereby acknowledge notification of the modifications covered by this Change Order. 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. ** Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Funding for this Change Order has been arranged: TxDOT Representative Date Typed/Printed Name: TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1 ITA Fal CONTRACT ID: PROJECT: CONTRACT: AWARD AMOUNT: PROJECTED AMOUNT: ADJ PROJECTED AMT: PEND ADJ PROJ AMT: CONTRACTOR 092038153 HP 450(1) 07123217 $11,284,746.71 $11,284,746.71 $11,395,749.32 $11,395,749.32 AMERICAN HOME ASSURANCE COMPANY CO AMOUNT: $21,206.65 CO TYPE: FEDERAL PARTICIPATING 3RD PARTY AMOUNT: $0.00 APPRV LEVEL: OVERRIDE CHANGE ORDER NBR. HIGHWAY: DISTRICT: COUNTY: AREA ENGINEER: AREA NUMBER: DESCRIPTION: REASON: SECONDARY REASON(S): 18 CS 20 JEFFERSON Kenneth Wiemers, P.E. 051 REPORT DATE: 8/24/2016 4:57:51 PM nctions: ❑ Extra Work ❑ Zero Dollar ® Overrun/Underrun ® Time Adjustment ❑ Stock Account ❑ Force Account ❑ Final Quantity ❑ Change Project Limits ❑ Delete/Add CSJ Additional Lime Treated Sub -Grade 2A 2A -DIFFER SITE CONDITION (UNFORESEEABLE) 003F - 3F -ADDITIONAL WORK DESIRED BY TXDOT TIME EXT.#: 3 and Days adjusted on the C. O. 10 DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order increases the quantity of three existing items of work to add additional lime and lime treated sub -grade to stabilize the existing saturated sub -grade between Sta. 216+00 and Sta. 226+00 on Conrord Rd. It also will also add one additional month of barricades to cover the time needed for this extra work. TIME ADJUSTMENTS ADJUSTED DAYS EXPLANATION CONTRACT 10 Time Extension No. 3 adds 10 days to the contract to provide for the additional lime treatment of saturated subgrade on Concord Rd. from Sta. 216+00 to Sta. 226+00. One month of barricades is needed to cover this additional time. "By signing this change order, the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses; additional changes for time, overhead and profit; or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract. Exceptions should be noted in explanation above." THE CONTRACTOR BY: Liar Pleak TE 9/26/16 DISTRICT ENGINEER: DATE TYPED/PRINTED NAME: Llrl B Heath DATE TYPED/PRINTED TITLE: Surety Consultant DATE AREA ENGINEER: DATE AREA ENGINEER'S SEAL: DIRECTOR, CONSTRUCTION DIVISION: DEPUTY EXECUTIVE DIRECTOR: FHWA: DATE DATE DATE DATE TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 19 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: CCS1: 0920-38-153 CITY of Beaumont (Outside Entity's Legal Name) Project: HP 450(1) 2. Type of outside funding agreement for this change: Highway: CS ® Existing F—] Amended New County: JEFFERSON [Check one j District: BEAUMONT 3. Indicate the type and amount of funding: Contract Fixed Price (Lump Sum) (Estimated Amount ) Number: 07123217 M Actual Cost (a) Contract Items (Bid Items): 24,766.18 (b) E&C*: (a) x 0 = 3,893.24 enter T— (c) Indirect Cost**: (a + b) x _ 0.00 enter TOTAL 28,659.42 Use as needed: I hereby acknowledge notification of the modifications covered by this Change Order. 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. * Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Funding for this Change Order has been arranged: TxDOT Representative Date Typed/Printed Name: TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1 19 REPORT DATE: 913012016 4:56:19PM CS Functions: 20 Extra Work ,�e�anag�f CHANGE ORDER NBR. ❑ Zero Dollar ❑ Final Quantity CONTRACT ID: 092038153 HIGHWAY: PROJECT: HP 450(1) DISTRICT: CONTRACT: 07123217 COUNTY: AWARD AMOUNT: $11,284,746.71 AREA ENGINEER: PROJECTED AMOUNT: $11,284,746.71 AREA NUMBER: ADJ PROJECTED AMT: $11,075,763.21 PEND ADJ PROD AMT: $11,075,763.21 DESCRIPTION: CONTRACTOR: AMERICAN HOME ASSURANCE COMPANY REASON: CO AMOUNT: $24,766.18 SECONDARY REASON(S): CO TYPE: FEDERAL PARTICIPATING aRDPARTY AMOUNT: $0.00 'PPRV LEVEL: OVERRIDE 19 REPORT DATE: 913012016 4:56:19PM CS Functions: 20 Extra Work ❑ Force Account JEFFERSON ❑ Zero Dollar ❑ Final Quantity Kenneth Wiemers, P.E. ® OvenunlUnderrun ❑ Change Project Limits 051 ❑ Time Adjustment ❑ DeletelAdd CSJ ❑ Stock Account Revising detour limits Align "B" (Phs II Sig 1) 3R - 3R-TXDOT DIRECTED DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order address additional work needed to construct a temporary construction detour that was not included within the original scope of work. With the removal of work on concord loop by change order #14 it required a more elaborate detour to be constructed to keep traffic flowing and to assist with egress and ingress. ADDITIONAL TIME NOT NEEDED "6y signing this change order, the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses; additional changes for time, overhead and profit; or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract. Exceptions should be noted in explanation above" THE CON ,IAA y%,,,,, 10/5/16 BY: DISTRICT ENGINEER: DATE DATE 'TYPED/PRINTED NAME: Lill B Heath DIRECTOR, CONSTRUCTION DIVISION: DATE DATE TYPEDIPRINTED TITLE: Consultant for Surety DEPUTY EXECUTIVE DIRECTOR: DATE DATE AREA ENGINEER: FHWA: GATE AREA ENGINEER'S SEAL: DATE RESOLUTION NO. WHEREAS, on July 26, 2012, the Texas Department of Transportation (TxDOT) entered into an agreement with Tradeco Infrastructura, Inc. in the amount of $11,284,746.71 for the Concord Road Project; and, WHEREAS, on July 9, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13-147 approving Change Order No. 1, in the amount of $88,965.21, including $12,085.19 for Engineering and Contingency charges, for modifications to the water, sanitary sewer, storm sewer, and conduit lines for the project; and, WHEREAS, on June 10, 2015, Tradeco Infrastructura, Inc. delivered a voluntary letter of default to TxDOT abandoning and terminating the contract; and, WHEREAS, the surety bond held by American Home Assurance Company is acting in its capacity as the surety for Tradeco and has chosen Texas Sterling Construction Co. as the completion contractor; and, WHEREAS, on December 15, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-295 approving Change Order Nos. 2, 3, 4 and 5, in the total amount of $37,798.99, including $5,134.81 for Engineering and Contingency charges, for the removal of water oak trees along SH 105; temporary drainage on SH 105 to aid the installation of water and sanitary sewer improvements; adjustment of sanitary manholes to match final paving; and, removal of three (3) existing sanitary manholes, respectively, thereby increasing the contract amount to $11,411,510.91; and, WHEREAS, on March 4, 2016, the City Manager executed Change Order No. 6, in the amount of ($6,695.34), for alterations to the sanitary pipe from SDR -17 to SDR - 26, thereby decreasing the contract amount to $11,404,815.57; and, WHEREAS, on March 24, 2016, the City Manager executed Change order No. 7, in the amount of $6,614.94, including $898.61 for Engineering and Contingency charges, for realignment of 8" PVC waterline to avoid conflict with existing utilities at Concord Road and Garner Street, thereby increasing the contract amount to $11,411,430.51; and, WHEREAS, on February 9, 2016, the City Manager executed Change Order No. 8, in the amount of $0.00, to provide 87 additional working days to the contract, thereby having no affect on the contract amount of $11,411,430.51; and, WHEREAS, on March 8, 2016, the City Manager executed Change Order No. 9, in the amount of ($36,248.64), for adjustments to the unit price for concrete sidewalks, thereby decreasing the contract amount to $11,375,181.87; and, WHEREAS, on April 5, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-061 approving Change Order No. 10, in the amount of $55,461.32, including $7,534.15 for Engineering and Contingency charges, to revise quantities for items relating to the realignment of sanitary sewer lines from Dowlen Road to Garner Road to avoid conflict with established utilities, thereby increasing the contract amount to $11,430,643.19; and, WHEREAS, on March 4, 2016, the City Manager executed Change Order No. 11, in the amount of $3,229.88, to provide concrete collars to be placed at the Concord and Lucas Drive intersection, thereby increasing the contract amount to $11,433,873.07; and, WHEREAS, on May 25, 2016, the City Manager executed Change Order No. 12, in the amount of ($23,851.74), to add Fast Trac HES concrete to the cross street intersections and reduce the thickness of the roadway base, thereby decreasing the contract amount to $11,410,021.33; and, WHEREAS, on June 2, 2016, the City Manager executed Change Order No. 13, in the amount of $3,177.60, for inlet redesign changes due to a conflict with a new waterline, thereby increasing the contract amount to $11,413,198.93; and, WHEREAS, on September 13, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-170 approving Change Order No. 14, in the amount of ($375,231.43) to eliminate storm sewer/inlets and proposed concrete payment on Alignment B of the Concord Loop, thereby decreasing the contract amount to $11,037,967.50; and, WHEREAS, on August 24, 2016, the City Manager executed Change Order No. 15, in the amount of $4,943.50, including $671.55 for Engineering and Contingency charges, to compensate the contractor for materials ordered due to an error in the plans, thereby increasing the contract amount to $11,042,911.00; and, WHEREAS, on August 29, 2016, the City Manager executed Change Order No. 16, in the amount of $6,017.44, including $817.44 for Engineering and Contingency charges, to increase the quantities of manhole sewer and wastewater pipe due to conflicts between the new sanitary sewer line and the existing gas and energy lines, thereby increasing the contract amount to $11,048,928.44; and, WHEREAS, on October 24, 2016, the City Manager executed Change Order No. 17, in the amount of $5,020.29, including $681.98 for Engineering and Contingency charges, for drying of subgrade and lime treatment, thereby increasing the contract amount to $11,053,948.73; and, WHEREAS, Change Order No. 18, in the amount of $24,540.34, including $3,333.69 for Engineering and Contingency charges, is required to increase quantities of three (3) existing items to add lime and lime treatment which will require one(1) additional month of barricade services, thereby increasing the contract amount to $11,078,489.07; and, WHEREAS, Change Order No. 19, in the amount of $28,659.42, including $3,893.24 for Engineering and Contingency charges, is required to address additional work needed to construct a temporary construction detour, thereby increasing the contract amount to $11,107,148.49 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. 18 for additional work described above, thereby increasing the contract amount by $24,540.34 for a total contract amount of $11,078,489.07 for the Concord Road Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute Change Order No. 19 for the additional work described above, thereby increasing the contract amount by $28,659.42 for a total contract amount of $11,107,148.49. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames November 22, 2016 Consider a resolution authorizing the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant. BACKGROUND On a yearly basis since 1980, the City has contracted with an organization to provide legislative service on the federal level. Mr. Chris Giglio, as the City's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration, and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. Staff is very pleased with the professionalism and high quality of service provided by Capital Edge. A letter from Mr. Giglio and the proposed contract are attached for your review. The contract amount of $68,400 remains the same as last year. The contract also includes a maximum of $4,000 for reimbursable expenses. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. Capital Edge November 14, 2016 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: Please consider this a formal request for a twelve month renewal of our contract with the City for federal lobbying and information services. Our current agreement expires on December 31 and we do not seek any changes. While Congress in recent years has not been particularly busy because of partisan differences, we would expect an increase in activity in the coming year. A new Administration in the White House, combined with both Congress led by the same party is likely to result in some loosening of the legislative gridlock. Two items of interest are likely to be comprehensive tax reform and infrastructure investment. House Ways and Means Committee Chairman Kevin Brady is expected to begin a comprehensive rewrite of the tax code this year and we hope to continue to protect the tax-exempt status of municipal bonds. It appears that virtually every deduction will be examined as a potential way to raise revenues to pay for lowering individual and corporate tax rates, so it will be important for Beaumont to remain engaged in this debate. In addition, the President-elect has mentioned on several occasions that the nation's infrastructure needs significant repair. Given the City's needs in this area, we would propose keeping the White House and the congressional delegation updated with the City's ability to quickly invest in areas such as local roads, repairing sewer and drinking water lines, and the Sabine -Neches Ship Channel. Finally, tight budget caps established in a 2011 budget agreement continue to exist and so it is important to continue to educate Congress on the importance of the federal programs that have a particularly positive impact in Beaumont. As always, it has been a pleasure to serve the City of Beaumont in Washington, and we are grateful for your guidance and that of the Mayor and City Council. Please feel free to contact us with any questions you may have about our services. Sincerely, Christopher F. Giglio AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND CAPITAL EDGE ADVOCACY, INC. 1212 NEW YORK AVENUE, NW - SUITE 250 WASHINGTON, D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Capital Edge Advocacy, Inc. (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. L Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff, office space, utilities, furnishings, and equipment, common -use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont, Texas; C. As Washington Assistant the Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. IL Oblrgation s of the City ofBea umont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; 2 B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments, Council agenda and proceedings, newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for expenses incurred on behalf of the City pursuant to the duties of Paragraph I as approved by the City Manager subject to the provisions of Paragraph IV; III. The City of Beaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement: A. The Consultant.• Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. IV. Compensation The cost of service will be $68,400.00 for twelve months, payable in advance, in equal monthly installments of $5,700.00 commencing on the first day of January, 2017. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph II, Subparagraph D. 3 V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days' notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE Christophe F. Giglio, C—api4 Edge Advocacy, Inc. Kyle Hayes, City Manager 4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE Is] Iwas] 0:3W_lto]ky,Iffl 041M THAT the City Manager be, and he is hereby, authorized to execute an annual agreement with Capital Edge Advocacy, Inc. to serve as the City of Beaumont's Washington Assistant in the amount of $68,400, with an additional maximum amount of $4,000 for reimbursable expenses. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2016. - Mayor Becky Ames - 5 November 22, 2016 Consider amending Section 20.03.004 of the Code of Ordinances related to school speed zones BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: November 22, 2016 REQUESTED ACTION: Council consider amending Section 20.03.004 of the Code of Ordinances related to school speed zones. BACKGROUND The Public Works Department has received recent requests to make adjustments to two City of Beaumont school zones which prompted a study be done in the areas of concern. As a result of the study, it is the recommendation of the Public Works Department, in the interest of promoting public safety that schedule A & schedule D for a reduced speed limit school zone listed in the Code of Ordinances be modified to extend the boundaries for the school zone on W. Virginia Street and Westgate Drive as detailed below: 1. Consider lengthening the existing school zone on W. Virginia, eastward, to extend past Sprott Park. To accommodate the students that walk to and from Odom Middle School along this path, the Public Works Department recommends that the best location for the beginning of the new school zone should be right after the apartments located at 2250 W. Virginia St. at a point 295 west of the centerline of Beale Street. Ordinance should read as follows: Schedule A Street Direction of Travel Description W. Virginia Street E&W From a point 180 feet west of the centerline of Goliad Street to a point 295 feet west of the centerline of Beale Street. School Zone Agenda Item Page 2 2. Consider lengthening the existing school zone on Westgate Drive, westward, past Ivy Lane. To accommodate the students that walk to and from Sallie Curtis Elementary School, the Public Works Department recommends that the best location for the beginning of the new school zone should be at a point 100 feet west of the centerline of Ivy Lane. Ordinance should read as follows: Schedule A Street Direction of Travel Description Westgate Drive E&W From the centerline of Peyton Drive to a point 100 feet west of the centerline of Ivy Lane. 3. Consider adding to ordinance an existing school zone from a point 100 feet west of the centerline of Ivy Lane to a point 295 feet west of the centerline of Dowlen Road. This school zone is complimentary to the school zone on Dowlen Road and is in place to accommodate students that walk to and from Marshall Middle School. The Public Works Department recommends that this school zone be added to the City's Code of Ordinances and should read as follows: Schedule D Street Direction of Travel Description Westgate Drive E&W From a point 100 feet west of the centerline of Ivy Lane to a point 295 feet west of the centerline of Dowlen Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the amended ordinance. BEAUM©NT PAlk Works Odom Academy School Zone Signal Location Proposal N BEAUMONT Public Works PrI PROPOSED SCHOOL ZONE CHANGES AT WESTGATE DRIVE NORTH e BEAUMONT PROPOSED SCHOOL ZONE CHANGES AT WESTGATE DRIVE '* Public Works NORTH ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 SPEED LIMITS SCHEDULES A AND D OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT- SPnfinn 1 THAT Chapter 20, Section 20.03.004, Speed limits decreased in school zones, Schedule A, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by amending the boundaries for the school zone on W. Virginia Street and Westgate Drive as follows: SCHEDULE A Direction of Street Travel Description W. Virginia Street E & W From a point 180 feet west of the centerline of Goliad Street to a point 295 feet west of the centerline of Beale Street. Westgate Drive E & W From the centerline of Peyton Drive to a point 100 feet west of the centerline of Ivy Lane. Section 2. THAT Chapter 20, Section 20.03.004, Speed limits decreased in school zones, Schedule D, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by adding a new school zone speed limit as follows: 6"101:1=1Bill 4:811 Street Travel Description Westgate Drive E & W From a point 100 feet west of the centerline of Ivy Lane to a point 295 feet west of the centerline of Dowlen Road. 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. Con�ir�n G. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. - Mayor Becky Ames - WORK SESSION Review and discuss post -employment benefits (retiree health insurance for new hires) WORK SESSION Review and discuss the operations of the City Attorney's Office