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PACKET DEC 10 2019
BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 10, 2019 1:30 PM CONSENT AGENDA Approval of minutes — December 3, 2019 Confirmation of board and commission member appointments Mary Nixon would be appointed to the Community Development Advisory Committee. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Charles Taylor would be appointed to the Community Development Advisory -Committee.. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Sondra Nelson would be appointed to the Convention and Tourism Advisory Board. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Bill Bianchi would be appointed to the Convention and Tourism Advisory Board. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Janelle Templeton would be appointed to the Historic Landmark Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Belinda Taylor would be appointed to the Library Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Sharlene Rhone would be appointed to the Parks and Recreation Advisory Committee. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Johnny Beatty would be appointed to the Planning and Zoning Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Lauren Williams Mason would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Mayor Becky Ames) Corey Crenshaw would be appointed as -an Alternate to the Planning and Zoning Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Mayor Becky Ames) James Reed would be appointed to the Police Department Community. Advisory Committee. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Sandy Pate would be appointed as an Alternate to the Board of Adjustment (Zoning). The term would commence December 10, 2019 and expire December 9, 2021. (Mayor Becky. Ames) A) Approve a contract with McGriff, Seibels & Williams Inc., of Sari Antonio for workers' compensation excess insurance B) Approve a resolution rejecting all bids received for the Sewer Manhole Replacement and Frame/Cover Adjustment Work Order Contract C) Authorize the City Manager to execute Change Order No. 4 to the contract with Excavation & Construction, LLC for the Chlorination Contact Chamber Rehabilitation Project D) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to T Construction, LLC for the Amelia Area and Sherwood Drive Pipe Bursting — Phase II Project E) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to C1eanServe, LLC for the Sewer Evaluation Work Order Contract F) Authorize the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in -public rights-of-way RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Mary Nixon Community Development Advisory Committee Charles Taylor Community Development Advisory Committee Sondra Nelson Convention and Tourism Advisory Board Bill Bianchi Convention and Tourism Advisory Board Janelle Templeton Historic Landmark Commission Belinda Taylor Library Commission Sharlene Rhone Parks and Recreation Advisory Committee Johnny Beatty Planning and Zoning Commission Lauren Williams Planning and Mason Zoning Commission Beginning of Expiration of Term Term 12/10/2019 09/30/2021 12/10/2019 09/30/2021 12/10/2019 09/30/2021 12/10/2019. 09/30/2021 12/10/2019 09/30/2021 12/10/2019 09/30/2021 12/10/2019 09/30/2021 12/10/2019 09/30/2021 12/10/2019 09/30/2021 Corey Crenshaw Planning and 12/10/2019 09/30/2021 Zoning Commission James Reed Police Department 12/10/2019 09/30/2021 Community Advisory Committee Sandy Pate Board of 12/10/2019 09/30/2021 Adjustment (Zoning) The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. 0 - Mayor Becky Ames — 11 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 10, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with McGriff, Seibels & Williams Inc., of San Antonio for workers' compensation excess insurance. BACKGROUND The City is self-insured for its workers' compensation program. The excess insurance coverage limits the City's liability for claims from any oine job-related accident or injury. The City's liability is called Self Insured Retention (SIR), which means the insurance carrier will cover all cost incurred on any individual claim of more than $750,000 up to any amount authorized by statute: Our current policy is with McGriff, Seibels & Williams. The annual premium for the calendar year 2019 was $103,950 with an SIR of $1,000,000. Approximately 1,304 full-time employees and more than 150 part-time, temporary and/or casual employees are covered by workers' compensation. A Request for Proposal was sent to nineteen (19) vendors and three responses were received. A panel of City employees reviewed the responses and recommend a contract with McGriff, Seibels & Williams. All specifications were met, and the results are attached for review. The policy is for one year with an option to renew for one additional year. Based on the 2020 projected payroll of $85,024,200, the annual premium is $138,000. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION_ Approval of the resolution. City of Beaumont, Texas Criteria Scoring Sheet RFP Number: ,. PF1020-02 RFP Opening Date: November 21, 2019 RFP Name: Workers Compensation Excess Insurance Criteria Max Points McGriff San Antonio, Tx. USI Southwest Houston, Tx. HCDT San Antonio, Tx. Requirements of Proposal 20 20 20 13.34 Ability to provide quotes for additional years 15 14.67 15 14 Financial Stability 10 10 10 6.67 Experience 10 10 9.34 9 Company History 10 10 9.67 10 Cost 35 32.34 18.34 26.67 Total 100 97.01 82.35 79.68 RESOLUTION NO. WHEREAS, Requests for Proposals were received for a policy for excess workers' compensation insurance; and, WHEREAS, McGriff, Seibels and Williams of Texas, Inc., of San Antonio, Texas, on behalf of Arch Insurance, submitted a response as follows: ; and, $138,000.00 Annual rate based on the 2020 projected payroll of $85,024,200 WHEREAS, City Council is of the opinion that the response submitted by McGriff, Seibels and Williams of Texas, Inc., of San Antonio, Texas, on behalf of Arch Insurance, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the response submitted by McGriff, Seibels and Williams of Texas, Inc., of San Antonio, Texas, on behalf of Arch Insurance, for a policy for excess workers' compensation insurance in the amount of $138,000.00 be accepted by the City of Beaumont. The policy is effective January 1, 2020 with an option to renew for one (1) additional year; and, BE IT FURTHER RESOLVED THAT the City Manager be and he ,is hereby authorized to execute a contract with Arch Insurance, of Jersey City, New Jersey, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: I: • �;Sl�Z�111 City Council Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., Public Works Director December 10, 2019 Council consider a resolution rejecting all bids received for the Sewer Manhole Replacement and Frame/Cover Adjustment Work Order Contract. The project consists of the rehabilitation of existing manholes by removal/replacement and by adjusting/resetting defective sewer manholes at various City wide locations. On November 21, 2019, one (1) bid was received for furnishing all labor, materials, equipment, and supplies for the project. The one (1) bid is indicated in the table below: Contractor Location Total Base Bid Allowance Total Award Amount BDS Construction LLC dba MK Constructors Vidor, TX $578,250.00 $7,500.00 $585,750.00 Engineer's Estimate 1 $253,634.00 $7,500.00 $261,134.00 Based on a review of the one (1) bid received, the Water Utilities Department recommends rejecting the bid due to being 124% above the Engineer's Estimate. The project will be rebid at a later date. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. BID TABULATION . Sewer Manhole Replacement And Frame/Cover Adjustment Work Order Contract Bid No. WU1020-01 BID OPENING DATE: November 21, 2019 The Bid Proposals submitted have b evi ed to the bestoof my knowledge this is an accurate tabulation of the bids received. By: Blake Fredieu, Wal r•Utiiities Designer 11 Date: 11/25/2019 ITEM NO. QUANTITY . UNIT DESCRIPTION Bid Schedule (Engineers Estimate) BDS Constructors LLC dba MK Constructors 16736 IH 10 -Vidor, TX 77662 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 LS Mobilization including payment bond, performance bond, insurance, and moving equipment to project Not to exceed 3% of Total Base Unit Prices $7600.00 $ 7,600.00 $ 16,500.00 . $ 16,500.00 2 1 LS Barricades, Signs and Traffic Handling Not to Exceed 1% of Base Unit Prices $2,500.00 $. 2.500.00 $ 10 000.00 $ 10,000.00 3 10 SY Flexible Pavement Structure Repair 4" $45.00 $.. 450.00 $ 130.00 $ 1,300.00 4 10 SY Full De th Repair of Concrete Road 8" $160.00 $ 1,600.00 $ 165.00 .$ 1,650.00 5 18 EACH Adjust/Reset Manhole with New Frame and Cover Up to One Foot in Paved Areas, Including Surface Restoration $1,056.00 $ 19,044.00 $ 2,300.00 $ 41,400.00 6 13 EACH Adjust/Reset Manhole with Existing Frame and Cover Up to One Foot In Paved Areas, Includin Surface Restoration $835.00 $ 10,855.00 $ 1,800.00 $ 23,400:00 7 55 EACH AdjusNReset Manhole with New Frame and Cover Up to 1 5" in Unpaved Areas, Including Surface Restoration $780.00 $ 42,900.00 $ 1,800.00 00: $ 99,000 8 40 EACH Adjust/Reset Manhole with Existing Frame and Cover Up to 15" in Unpaved Areas, IncludingSurface Restoration $600.00 $ 24,000.00 $ 1,200.00 $ 48,000.00 9 40 VF Concrete in Excess of 15" to Ad'ustfResetnnstall Manhole in Unpaved Areas $1,000.00 .$ 40,000.00 $ 100.00 $ 4,000.00 10 5 EACH Remove and Repalce or Install New Manhole, 5' to 8' Depth, with All Joints and Connections Pre -Cast Concrete $4 500.00 $ 22,500.00 $ 12,500.00 $ 62,500:00 11 10 EACH Remove and Replace or Install New Std Fiberglass Manhole, 5' to 8' Depth, with All Joints and Connections $4,000.00 $ 40,000.00 $ 12,000.00 $, 120,000.00 12 10 EACH Remove and Replace or Install Shallow Manhole, Less than 5' With All Joints and Connections (Fiberglass) $3,200.00 $ 32,000.00 $ 10,000.00' $ 100,000.00 13 50 VF Extra Depth for New or Replacement Manhole, Over B' Depth (Pre -Cast Concrete or Fiberglass)$200.00 $ 10,000.00 $ 1,000.00. $ 50,000.00 14 100 LF Trench Excavation Protection $1.85 $ 185.00 $ 5.00 $ 500.00 BASE BID QUANTITIES TOTAL $ 253 634.00 1 $. 578 260.00 GI_r nwAmrr: ITEM NO. QUANTITY I UNIT. I, DESCRIPTION I UNITPRICE I TOTAL I UNIT PRICE I TOTAL 1 1 1 ALLOW I UMorseen Work as Directed by the Owner is 7,500.00 1 $ 7,500.00 1 $ 7,600.00 1 $ 7,500.00 ALLOWANCE TOTAL TOTAL BASE ITEMS + ALLOWANCE I $ ' 261 134.00 $ 585 750.00 Page 1 of 1 RESOLUTION NO. WHEREAS, on November 21, 2019, one (1) bid was received for furnishing all labor, materials, equipment, and supplies for the Sewer Manhole Replacement and Frame/Cover Adjustment Work Order Project; and, WHEREAS, the Water Utilities Administration evaluated the one (1) bid and found that the bid exceeded the Engineer's estimate; and, WHEREAS, it is the recommendation of City of Beaumont Water Utilities Administration to reject the bid and to rebid the project at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bid for the Sewer Manhole Replacement and Frame/Cover Adjustment Work Order Project and that said bid should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bid received for the Sewer Manhole Replacement and Frame/Cover Adjustment Work Order Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - BEAUMONT C TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: December 10, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4 to the contract with Excavation & Construction, LLC for the Chlorination Contact Chamber Rehabilitation Project. BACKGROUND On September 18, 2018, by Resolution No. 18-229, City Council awarded a contract to Excavation & Construction, LLC, of Port Arthur, in the amount of $1,099,759.98. Previous Change Order Nos. 1-3, in the amount of $40,862.00, resulted in an increase to the original contract amount making the new contract amount $1,140,621.98. Proposed Change Order No. 4, in the amount of $34,664.00, is required to perform additional repairs to the chlorine chamber walls and purchase four (4) actuators for the chamber gates. A total of thirty (30) calendar days will be added to the contract for the additional work. If approved, the new contract amount will be $1,175,285.98. FUNDING. SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-197 WHEREAS, on September 18, 2018, the City'Council of the City of Beaumont, Texas passed Resolution No. 18-229 awarding a contract in the amount of $1,099,759.98 to Excavation & Construction, LLC, of Port Arthur, Texas, for the Chlorination Contact Chamber Rehabilitation Project; and, WHEREAS, on April 16, 2019, the City Manager executed Change Order No. 1, in the amount of $3,000.00, for the installation of higher strength Class. A concrete and the. reduction- in quantities of concrete used for the project, thereby increasing the total contract amount to $1,102,769.98; and, WHEREAS, on August 6, 2019, the City Manager executed Change Order No. 2, in the amount of $19,862.00.00, was required to order and replace four (4) gates due to their unrepairable condition per the manufacturer and to sod the surrounding area of the Chlorination. Contact Chamber to establish vegetation, thereby increasing the total contract amount to $1,122.,621.98; and, WHEREAS, Change Order No. 3, in the amount of $18,000.00, is required to perform necessary repairs to two (2) abandoned 42 -inch stormwater lines that are undermining the existing slope walls and discharging water into the Chlorination Contact Chamber, thereby increasing the total contract amount to $1,140,621.98; 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, i THAT the City Manager. be and .he is hereby authorized to execute Change Order No. 3, in the amount of $18,000.00 for additional work described above, :thereby increasing the total contract amount to $1,140,621.98- for the Chlorination Contact Chamber Rehabilitation Project; and, The meeting at which this resolution was. approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter ` 551. PASSED BY THE CITY -COUNCIL of the City of Beaumont this the 17th .day of q•���ovoy� September, 2019. ���►UMpM�1�1, . -tr -6 ecky Ames,- AAO � 1ianla Einnl New Item No. Item Code Description Unll OrintiNoan0te Unit Prire Total 4421 Concrete Nl UnitR b .. SY 25 100 S 260,00 S 19,800.00 999' 006 Fontaine A ox Aematots (All Labor.Equipment and Materials) E4 1 0 1 4.00 IS 3.716.001S 14,864,00 TOTAL: S 34,664.00 30 WORKING DAYS WILL BE ADDED TO THIS CHANGE ORDER CITY OF BEAUMONT Date: November 19,2019 Projcc: Chlorination Contac Chambc County: Jefremon District: Besumont Contnet Number. WU021845 Contact @amber ,Owners City ofBmumant Cmatudor. Excavation & Constmetiun, LLC C.O.N.-- 4 S 1,175.285.98 THE FOLLOWING CHMGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY WMEs AC BYs EXCAVATION & CON CRON.LLC-REP. DAT�— Quantities odded to adjust rot u change in rroh reearding Gates and additional repair of chambcrwAL Einnl New Item No. Item Code Description Unll OrintiNoan0te Unit Prire Total 4421 Concrete Nl UnitR b .. SY 25 100 S 260,00 S 19,800.00 999' 006 Fontaine A ox Aematots (All Labor.Equipment and Materials) E4 1 0 1 4.00 IS 3.716.001S 14,864,00 TOTAL: S 34,664.00 30 WORKING DAYS WILL BE ADDED TO THIS CHANGE ORDER ORIGINAL CONI RACI':AMOUNT: S 1,099.759.98 NE[ FROM PREVIOUS CHANGE ORDERS: S 1,140.621.98 TOTAL A010UN-r OF THIS CHANGE ORDER: S 34,660.00' PERCENT OF THIS CHANGE ORDER 3.15-A TOTAL PERCENT CHANGE ORDER TO DATE 6.87A NEN CONTRACT AMOUNT: S 1,175.285.98 AC BYs EXCAVATION & CON CRON.LLC-REP. DAT�— PREP D DB REVIEWED BY: or lwrJ --HAROLD I- OC ', ROADWAY DESIGNER III DATE D JOSE MAJDALANI,P .. DATE APPROVED BY: ATTESTED BY - KYLE HAYES, CITY MANAGER DATE TINA BROUSSARD, CITY CLERIC DATE CITY OFMAUMONT Date: September3,2019 Projeett ChlorinnlionContact Chamber County: Jefferson District: Beaumont Contract Number. 1YU0218-15 Contact Chambir Owners CltyorDeaumont Cbntrnetort Esenvmlon & Construction, LLG CO. No.t 3 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE; Quantities added to adjust _fora change in work regarding Gales. Ilam Na. 11cm Code Description Unit Orlginnl New Unit Price ' Total 144% TOTAL PERCENT CHANGE.ORDER TO DATEt 3,72% NEW CONTRACT A1110UXTt unntliv Qunntily Demo bra (2) 42 -tach RC.P to outside limits of Chlorine Chamber (Approx. 999 003 120-LFeach): Install concrete plugs (Not to exceed 24 -inches in depth) in each pipe. Backfill with'C.S.S (2 4 ac) to reestablish slopes for chnniber. Supply -all LS 0 1.00 S 18,000.00 S 18,000.00 tabor, equipment and mottrttls to complete i1cm. 14 WORKING DAYS WILL BE ADDED TO THIS CHANGE ORDER ORIGINAL CONTRACTAMOUNTr S1,099.739.99 NET FROM PREVIOUS CHANGE ORDERS: $1.122,621.98 TOTAL AMOUNT OF THIS CHANGE ORDER: SI8.000.00 PERCENT of THIS CHANGE ORDERI 144% TOTAL PERCENT CHANGE.ORDER TO DATEt 3,72% NEW CONTRACT A1110UXTt S 1.140.621.98 ACCEPTED DYt EXCAVATION & J4 PMRUCTION,LLC-REP.AT PRE 1 E &PRE BY I O D E. CROCHE OADIYAY DESIGNER 111 TF. APPROVED DYt L C KYL£ HAVES, CITY MANAGER DATE S- Ig -11 TOTAL: I518,000.00 REVIEIYED BY: � e, a ./� ��J 11 D JOSEPH AJDALANI , DATE A STED DY:' 7rl I A U SARD, CITI' CLERKDATE 06 91 CITY OF BEAUMONT Dale: July22,2019 Project: Chlorination Contact Chawher• Couaq: ]eVcrson District: Draumont Contract Numhert \YCQIIS-15 Contact CharaDcr Oimar: CUyofAmanwal Contruclort Excavadw &'Construction, LLC. C.O. Not 2 E r[,T�f . dxnrw {34' (f`rr�� , r` t 1 �♦ a�13 xf 10%l R t^ WNO k7rl'i��li•:�J.yi'-•:v� r'in'isJ•l•+�*<.=L..eS�SF: f 3:� • .... Pr�F:`�'"«':/At`71w..,i25f..�E.! r.�;x�i.4�•.�x.0 v i?t Quanthtas added to adjust farm change in wort, regardtag Oates. Ilem No, ItmtCode Description Urrll Origlntd Netosand it VtdtPsico Total 7 X)= We1rt:+aloSodRo laeomehts EA 4 O:OD S 00.00 S 4800.00 999 xxxx UnroraemlYotkmDir'dad by the Owner ALLOIYANCG EA 1 0.00.: •S 50 00.00 90000.00 999. 002 - ItemovacaditgAaccExhilaigGates EA 0 4.00 $ 2 .00 1 10,000.00 999 Q03 FonlalnaA oanoxlVaterConlMCates AlLabor tendMLde eV EA ' 0 4.00 S 15228.OD S 6%912M 999 004 V amtiva tsraWtilmrenl Sad and 1Velatin Sy 0 750.00 S 3.00 S 3 T50A0 - iV,AW ,1171ODLDV � ,Y."Fj'ivB• �t�y�v ��••{ � 1, G,5 k 1 } a r i r•r 7C •.,.rte t��� �a. vp., .. r•••^l ll: v ORIGINALCONTRACCAMouia% $IA99,759.98 NET PROMPREVIOUS CHANGE ORDERS: $1,102,739.98 TOTALMOUNf OFTHIS CHANGE ORDEM 119,16200 PLRCENT OF THIS CHANGI; ORDEFU 1.80% TOTAL PERCENT CHANGE ORDERTO AATEI 2.09% NEE' CONTRACT AMOUNT: SIJ22,62L98 ACCEPTED DY: EXCAYATI CONSTRUCTlON,LLGREP. TE PREP E MARbIll IL CRO A ESIGNEI{ i' DA APPROVED BY: IME HAYES,CITYMANAGElt DATE ��e!AIIlId.•._�t._ APPROVAL Or CONTRACT CHARM CHANGE 00E111Io. Ono (1) Ap& 16,2019 PAge l df 1 PROJECT: City ofteaumorn, Texas i Chlorination Contact ChamberRobabilitation OWNER: City of l3esaalont Texas 801 Mainfift"t Beaumont TeM H104 CONTRACTOR: Bxcavation & Cohdtmctinn, LLC 6601 ProetocStrcet , Port Arthur, T7( 77642 TO THE OWNB.R: Approval bf ihd following cdritt2d.cheng6 is requested. Reason for Change: The Contract initially celled for ClW B 6wwtth for the 6° rip rap replacement Exoavation and removal of the axistiogconcrete sloped reveakd field conditions thatrequhe A hdgheratoength design mix fortho rip rap. Item 10 will allow for Class A concrole (higher strength) to be installed. OWGINAL CONTRACT AMOUNT: S 1.099,75998 TWSCEMGE ORDER 5+ UnitPrids W ntitr NetChan$o ADD Rem 10 b!' ConcrotolUp Rap Replacement, Ctess A Concrete 5890.3$/CY 600.00. S 534,228.M AM= Item 2 #seduce the quantities from 800 CYto 200 CY S (531,228.00) TOTALAMOUNTOFTMSCHANGE ORDERr $ 3,000.00 TOTAL REVfSED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDM S 1� .98 - CONTRACT TIME. . Original Contract Time: ISO CaldddetDays AddiaenalTimeRequestcd: 0 CalendarDays Revised Contract Time perthisChange Order. ISO Calondarba)m CONDITION OF CHANGE: "Contractor acknowledget and agrees that the adjustments in contract Fite and coatredttime stipulated is this Change Order represehta fn11 totmpensation for all a►oreosos and deoreaaos in the toot og end tho flm required to petforaa the entire work under the Contract arisiug directly or indirectly from. this CbAngo'Otdor ehd all pwvlaus Change Orders. Acceptance of this walvdr camdwks an agraehleat between Owner and Contractor tbat the Chahge Under represents m Alt JeW(wim, mutually agreed upon 4ustment to the Contract, sad that Contractor will. waive all tights to fila a ctalm on this Change Order atter it in pruperly exeo=d:' Recomarendedby: Approvedby f Adeeptedby: ry of caumont City oflleatimont t3xcavation & Conshuctidn, LLC Public oris Director l Owner Conkaetor(�%/' Date: a6 Date: RESOLUTION NO. WHEREAS, on September 18, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-229 awarding a contract in the amount of $1,099,759.98 to Excavation & Construction, LLC, of Port Arthur, Texas, for the Chlorination Contact Chamber Rehabilitation Project; and, WHEREAS, on April 16, 2019, the City Manager executed Change Order No. 1, in the amount of $3,000.00, for the installation of higher strength Class A concrete and the reduction in quantities of concrete used for the project, thereby increasing the total contract amount to $1,102,759.98; and, WHEREAS, on August 6, 2019, the City Manager executed Change Order No. 2, in the amount of $19,862.00.00, was required to order and replace four (4) gates due to their unrepairable condition per the manufacturer and to sod the surrounding area of the Chlorination Contact Chamber to establish vegetation, thereby increasing the total contract amount to $1,122,621.98; and, WHEREAS, on September 17, 2019, the City Council of the City of Beaumont, Texas passed Resolution No., 19-197 authorizing the City Manager to execute Change Order No. 3, in the amount of $18,000.00, for necessary repairs to two (2) abandoned 42 - inch stormwater lines that are undermining the existing slope walls and discharging water into the Chlorination Contact Chamber, thereby increasing the total contract amount to $1,140,621.98; and, WHEREAS, Change Order No. 4, in the amount of $34,664.00, is required to perform additional repairs to the Chlorine Contact Chamber walls and purchase four (4) actuators for the chamber gates, and the addition of thirty (30) calendar days which are needed for the additional work, thereby increasing the total contract amount to $1,175,285.98; 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, in the amount of $34,664.00 for additional work described above,. thereby increasing the total contract amount to $1,175,285.98 for the Chlorination Contact Chamber Rehabilitation Project; and, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - 71 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 10, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to T Construction, LLC for the Amelia Area and Sherwood Drive Pipe Bursting — Phase II Project. BACKGROUND On August 21, 2018, by Resolution 18-203, City Council awarded a contract to T Construction, LLC, of Houston, for in the amount of $1,204,807.00. Proposed Change Order No. 1, in the amount of ($158,159.40) is required to adjust estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the final contract amount would be $1,046,647.60. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 1, maintenance and final payment in the amount of $52,332.38 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 18-203 WHEREAS, the City of Beaumont solicited bids for the Amelia Area and Sherwood Drive Pipe Bursting - Phase II Project; and, WHEREAS, T Construction, LLC, of Houston, Texas, . submitted a complete bid meeting specifications in the amount. of $1,204,807.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by T Construction, LLC, of Houston, Texas, is the lowest bidder providing the best value to the City.and should be accepted; NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to T Construction, LLC, of Houston, Texas, in the amount of $1,204,807.00 to furnish all labor, materials, equipment, and supplies for the Amelia Area and Sherwood Drive Pipe Bursting - Phase II Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with T Construction, LLC, of Houston, Texas, for the purposes described .herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August, 2018 l CITY OF BEAUMONT _ DATE: No bw 13, 2019 PROJECT: Amelia Am and Sherwood Pipe Bundog Coafta-Phil . OWNER: CITY OF BEAUMONT CONTRACTOR: T Construction, LLC CHANGE ORDER: 1 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjwtmmt of utimmed q=titiu in the contract to reflect the =Mal quantities umd in the completion of the pmje t. - ITNO. CODEEM ITEM DESCRIPTION - UNIT 811) QUANTITY ACNAL QUAN[HY IINCf lS2CE CHANGE ORDEBAMOUNT 2 paint Repair FA . 10 2 Y 200.00 S (1;600.00) 7 361 Full Depth P., rof SidewaDt (Y) .. .. SY . 55 - 0 f 20.00 S (1,100.00) 4 361 SY 53 0 Jl ' 73.00 s (4,123.00) 3 331 FI®ble Pnemad Stmcmm Repair (47 SY 300 326 f 40.00 S 1,033.60 6 402 tmeh Eicavatiol Pofatioa LF 900 941 S _ 1.00 f .. 48.00 7 502 Batiuda, Si,. nd TW& H004 EA 20 26 s 400.00 f 2,400.00 1 7301 C d RepLtce o� cw Std. Manhold, Up to 1' MY06 vA& All Joints g - EA 74 12 f 400.00 S (92,400.00) 9 708 c orlunll New Std. FibaSlm Mantol%Up to I'Depth, with AD �tr �� EA 11 I S 3 ,900.00 S (11,700.00) 10 .. lot, 3301 I'll Shallo*Msihole, Leu dm S Depth, With AD Joints d: Camteainw (Pre -Cat Cdneletdar Fi EA 3 12 S 3000.00 S - 29,706.00 11 Pt* 708, 3301. Concrete Dc t f"New wRe d c cat Std Manhole, Over t Fdet.Depth (Cut vP loo 2e s 280.00 s (20,160.00) 12 2534 ��° C -BY �ddn -.-S Oen0°d to �• Cmp� AD m IS' Pa 213 l9t f - 560.00 f (9,320.00) 13 2353 Obrhoetioa Remdnl by &mvadon, AD Sian, Up to IS' Depth EA l3 10 S 200.00 S (1,000.00) 14 2531 Clan sad Televisa Sc w All Sizes aid Depths at Dbc=dby the Owndta LF 2,000 0 S 2.90 S (3,100.00) - i3 2121 Chain Linlund Wdodea Fenw 1Gata LF : 500 720 S. 6.10 S 1,430.00 16 4020 Pipe Boating 6'4' Sawerto 8.623.OD, Up to 15' Depth LF 8,492 8409 S 34.00 S (;Iz2oo) 17 4020 Pipe B=ti, 12' Se to 1273' OD, Up to IS Depth LF 1.330 1340 S 46.00 1 460.00 i8 4020 PipaRMin 15' Sewer to 16.OD, Up to 15' Depth . LF 7,914 5920 S � . 66.00 S 6,996.00 19 UafanteeeW61kasiDisectodby0wrter ALLOW 1 0 S 30,000.00 S (50,000.00) TOTAL AMOUNT DEDUCTED FROM THE CONTRACT IS (ISMS9.10) ORIODVAL CONTRACT AMOUNT : NET FROM PREVIOUS CHANGE ORDERS TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER. TOTAL PERCENT CHANGE ORDERS TO DATE: NEW CONTRACTAMOUNT: NO WOREING DAYS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER S 1,204,807.00 S S (158,159A10 -13.13% -13.13 S 1,046,647.60 PRIPAliPD DY: . AVERI CHAN DEVAULT. WATERUIIIIIIFS DESIGNER III DATE /// ATIFSTED BY: TWABROUSSARD.CITYCLERIL OAlE FINAL PAYMENT, GENERAL RELEASE, & INDEMNITY AGREEMENT STATE OF TEXAS KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That T Construction. LLC, a limited liability company, with an office at 12605 McNair Street, Houston, Texas 77015, in consideration of the payment of $52,332.38 representing the final payment under the contract dated September 10, 2018 between the undersigned and City of Beaumont covering the Amelia Area and Sherwood Pipe Bursting Contract — Phase H, does hereby certify and warrant that it has been fully paid on account of said contract and does further certify and warrant that it has fully paid and satisfied all claims for work, labor, materials, and supplies, equipment and all other items used or furnished by the undersigned or its subcontractor(s) or suppliers in the performance of said contract. The undersigned, in consideration of the final payment being made by City of Beaumont pursuant to such contract, does hereby release and forever discharge T Construction. LLC. from any right of lien it may have against the real property known asthe Amelia Area and Sherwood Pipe Bursting Contract — Phase H under said contract and the undersigned hereby agrees to defend, indemnify, and. hold harmless CjV of Beaumont from and against all claims, demands and liabilities arising out of labor performed or material and equipment supplied by the undersigned or by its subcontractors or suppliers in connection with the performance of said contract. IN WITNESS WHEREOF, the undersigned has caused this Release and Indemnity to.be executed, by its duly authorized officer this 15 ay of ) & v.Q1 bel , 2012- By: 012. By: Ti -� ATTEST:. County of: S , Texas Before me, `- a Notary Public in and for said county, personally appeared S and acknowledged that he/she did sign and execute the above Release and Indemnity. pY Pf"A LEYDY J. OJEDA Notary Public, State of Texas vy.. Comm. Expires 01-26-2021 ''a;°;;;;o` Notary ID 130981044 Ar N I W �04 O 0 .iF4 0 0 Gl O O 00 Ll 7 N 4h 4& 1& N YY N 4* N N N VI 46 46 'A d84& yN� 8N$ Uoa. 1 •9j 1QIL yl p N N NQQ g N N N N N N N N N N Q N 46 N N N Ng co r $$$$$ Q $ g s s s s.$$o 9 d O O O 0 0 0 c 0 aa 0 0 0 ^g `Y�� g ` Q3 g Q3 g g ~ s�gi ISO 8 F Tom a till I 808 a s 8 � c v 3 a ? � � O s ? TQC O U' a '• $ 19 m act5 oo ucdn'�'o 8►.6�ri N o f ° . ~ 3 y N eCi LL Y � � Z � C Y � S c � •C `o g ' . i� . 5 00 � Ow o g � �. m ^� o o � iJ iJ 00. w � .. a n n a�ouµl.+ as �I Ar N I W z O O 0 .iF4 0 0 Gl O O 00 Ll 7 7 Ar N I RESOLUTION NO. WHEREAS, on August 21, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-203 awarding a contract in the amount of $1,204,807,00 to T Construction, LLC, of Houston, Texas, for the Amelia Area and Sherwood Drive Pipe Bursting — Phase II Project; and, WHEREAS, Change Order No. 1, in the amount of ($158,159.40), is required to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $1,046,617.60; 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, in the amount of ($158,159.40), for additional work described above, thereby decreasing the total contract amount to $1,046,647.60 for the Amelia Area and Sherwood Drive Pipe Bursting — Phase II Project; and, BE IT FURTHER RESOLVED THAT the Amelia Area and Sherwood Drive Pipe Bursting — Phase II Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $52,332.38 to T Construction, LLC, of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director. MEETING DATE: December 10, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to C1eanServe, LLC for the Sewer Evaluation Work Order Contract. BACKGROUND On September 19, 2017, by Resolution 17-187, City Council awarded a contract to CleanServe, LLC (dba AIMS Companies), of Pearland, in the amount of $590,187.50. Previous Change Order No. 1, in the amount of ($0.20) was executed by the City Manager making the new contract amount $590,187.30. Proposed Change Order No. 2, in the amount of ($18,137.07) is required to adjust estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the final contract amount would be $572,050.23. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions. and terms set out in the contract. Acceptance of Change Order No. 2, maintenance and final payment in the amount of $28,602.51 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 17-187 WHEREAS, bids were .solicited for furnishing all labor, materials, equipment, and supplies for the Sanitary Sewer Evaluation Work Order Contract; and, WHEREAS, CleanServe, LLC, of Pearland, Texas, submitted a bid in the amount of $565,187.50, with an allowance of $25,000.00, for a total award of $590,187.50; and,, WHEREAS, City Council is of the opinion that the bid submitted by CleanServe, LLC, of Pearland, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, That the bid submitted by CleanServe, of Pearland, Texas, for the fumishing of all labor,. materials, equipment and supplies for the Sanitary Sewer Evaluation Work Order Contract in the amount of $565,187.50, with a $25,000 allowance, for a total award of $590,187.50, be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute a contract with CleanServe, of Pearland, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. CITY OF BEAUMONT DATE: November 4, 2019 PROJECT: Sanitary Sewer Evaluation Work Order Contract OWNER: CITY OF BEAUMONT CONTRACTOR: ClcanSer_ve, LLC (dba AIMS Companies) CHANGE. ORDER: 2 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjustment ofestimmed quantities in the contract to reflect the actual quantities used in the completion of the project. ITEM NO. ITEM CODE. DESCRIPTION UNIT BID QUANTITY ACTUAL. QUANTITY UNIT PRICE. CHANGE ORDER AMOUNT I -3.07% Mobilization, including payment bond, performance bond, insurance and coming e tri menl to ro ttt IS I I SI6.250.00 5 - _ 02556 Smoke Testing All Sim and Depths LF 400,000 25;,209 50.50 S (72.895.50) 4 02558 Cleaning 6'-10" Sewer, All Depths LF 35,000 35,000 SI.63 S 5 02558 Cleaning 12"-15" Sewer, All Depths LF 12,000 4,042 SLSS 5 (14.921.25) 6 02558 Cleaning 16"-24" Sewer. All Depths LF 12,000 12,000 52.50 S - 7 02558 Cleaning 27"-30" Sewer, All Depths LF 4,500 4,938 55.00 5 2,190.00 8 02558 Cleaning 33"-36" Sewer, All Depths LF 1,200 0 SI0.00 5 (12.000.00) 12 02558 TV Inspection 6'-10" Sewer, All Depths LF 35,000 35,000 5115 5 - 13 02.5i$ TV Inspection 12"-1$" Sewer, All Depths LF 12,000 4,042 SI.25 S (9.947.50) 14 02558 V Inspection 16"-24" Sewer, All Depths- LF 12,000 12,000 51.88 S - 15 02558 TV Inspection 27'-30" Sewer, All Depths LF 4,500 4,938 52.50 5 1.095.00 16 02558 TV Inspection 33'-36" Sewer, All Depths LF 1,200 0 54.38 5 - (5.250.00) 19 02553 Obstruction Removal by Excavation, All Sizes, All Depth EA 1 0 SI,875.00 S (1.875.00) 20 02553 Obstruction Removal by Remote Method (Set-up for each Manhole Section), All Sim, A EA 1 0 5437.50 S (437.50) 21 502 Barricades. Signs and Traffic Handling EA 20 0 $250.00 S (5,000.00) -- 02558 Cleaning 6•-10" Sewer. All Depths is 28.257 75,063 SI.63 S 76,294.11 23 02558 TV Inspection 6"-10" Sewer, All Depths LF 23,257 73.167 51.25 S 62)87.75 25 02558 Cleaning 16"-24" Sewer, All Depths LF 5.678 2,367 $2.50 S (8177.50) 26 02558 TV Inspection 16"-24" Sewer, All Depths LF 5,678 2,367 51.89 S (6124,68) - - Unforseen Work as Directed by the Owners kAl�[_O\V I 0.07 525000.00 S (23175.00) TOTAL. AMOUNT DEDUCTED FROM THE CONTRACT Is (18,137.07) NO WORKING DAYS HAVE. BEEN ADDED TO THE CONTRACT BY THIS CHANGE. ORDER ORIGINAL. CONTRACT AMOUNT: S 590,187.50 NET FROM PREVIOUS CHANGE ORDERS: S (0.20) TOTAL. AMOUNT OF THIS CHANGE. ORDER: S (18.137.07) PERCENT OF THIS CHANGE ORDER: -3.07% TOTAL- PERCENT CHANGE ORDERS TO DATE: -3.07% NEW CONTRACT AMOUNT;S 572.050.23 .ucEPrEn BY: Aw v CLEANSERVE. LLC (DBA AIMS COMPANIES) DATE RECOMMENDED BY: O . 10SEP ALAN . P.F:_ PUBLIC OF S DIRECTOR D APPROVE KYLEIIAYFS CITY MANAGER DATE C'V Ovt�� 1!/r 2/2019 PREPARED BY: AVER] CHAN DEVAt1LT. WATER UTILITIES DESIGNER III DATE ATTESTED BY: TINA BROUSSARD. CITY CLERK DATE APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. One (1) April 12, 2018 Page I of 1 PROJECT: City of Beaumont, Texas Sanitary Sewer Evaluation Work Order Contract OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR Cleanserve, LLC (dba AIMS Companies) 3808 Knapp Rd. Pearland, Texas 77581 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: The bid item quantities for cleaning and televising sewer lines of different sizes were estimated, due to the work sites not being known ahead of time. More quantities of 6"-10" cleaning and television, and 16"-24" cleaning and television ofsewer lines are needed for desired work to be done. ORIGINAL CONTRACT AMOUNT $59.0,187.50 THIS CHANGE ORDER Description: ADD Item 22 Cleaning 6"-10" Sewer, All Depths Item 23 TV Inspection 6"-10" Sewer, All Depths Item 25 Cleaning 16"-24" Sewer, All Depths Item 26 TV Inspection of 16"-24" Sewer, All Depths Unit Price Ouantity Net Chance $1.63/LF 28,257.00 $46,058.91 $1.25/LF 23,257.00 $29,071.25 $2.50/LF 5,678.00 $14,195.00 $1.881LF 5,678.00 $10,674.64 .DELETE Item 3 Dye Water Flooding Test $187.50/Each 200.00 ($37,500.00) Item 9 Cleaning 42"48" Sewer, All Depths $15.00/LF 1,200.00 ($18,000.00) Item 10 Mechanical Cleaning of 6"40" Sewer, All Depths $12.00/LF 500.00 ($6,000.00) Item l I Mechanical Cleaning of 12"-15" Sewer, All Depths $15.00/LF 500.00 ($7,500.00) Item 17 TV Inspection of 42"48" Sewer, All Depths $5.00/LF' 13200.00 ($6,000.00) Item 18 TV Inspection 54"-72" Sewer, All Depths $6.25/LF 4,000.00 ($25,000.00) TOTAL AMOUNT OF THIS CHANGE ORDER: ($0.20) TOTAL REVISED CONTRACT AMOUNT IINCLUDING THIS CHANGE ORDER: $590,I87.30 CONDITION OF CHANGE:, "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the . Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: v �iq2yy.fBeam.rrtuCity of Beaumont Shana Gomez Public Works Director Owner Contractor Date:-/ Date: �� Date: .- 04/12/18 FINAL PAYMENT, GENERAL RELEASE, & INDEMNITY AGREEMENT STATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That C1eanServe, LLC (dba AIMS Companiesa limited liability company, with an office at 3808 Knann Road, Pearland, Texas 77581, in consideration of the payment of $28,602.51 representing the final payment under the contract dated October 13, 2017 between the undersigned and City of Beaumont covering the Sanitary Sewer Evaluation Work Order Contract, does hereby certify and warrant that it has been fully paid on account of said contract and does further certify and warrant that it has fully paid and satisfied all claims for work, labor, materials, and supplies, equipment and all other items used or fiirnished by the undersigned or its subcontractor(s) or suppliers in the performance of said contract. The undersigned, in consideration of the final payment being made by City of Beaumont pursuant to such contract, does hereby release and forever discharge CleanServe, LLC (dba AIMS Companies). from any right of lien it may have against the real property known as the Sanitary Sewer Evaluation Work Order Contract under said contract and the undersigned hereby agrees to defend, indemnify, and hold harmless City of Beaumont from and against all claims, demands and liabilities arising out of labor performed or material and equipment supplied by the undersigned or by its subcontractors or suppliers in connection with the performance of said contract. IN WITNESS WHEREOF, the undersigned has caused this Release and Indemnity to be executed by its duly authorized officer this iS day of Qa , 20 . By: /C� �ir1,;E{�✓7 Title Countyof: 0 , Texas Before me, _ �� a Notary Public in and for said county, personally appeared and acknowledged that he/she did sign and execute the above Release and Indemnity. sham LeNae Gomez `t+ My Commission EXPiren 11125no21 ID No. 128112102 OF CITY OF BEAUMONT ESTIMATE PROJECT: SANITARYSEWER EVALUATION WORK ORDER CONTRACT BID NO. WU0517.11 AWARDED CONTRACT AMOUNT $590,187.50 $ PERCENT OF TIMEUSED: SUBTOTAL: 99.86% CONTRACTOR: AIMS Companies CONTRACT DATE (NTPI : November 1, 2017 AMOUNT DUE THIS ESTIMATE: PERCENT OF WORK COMPLETED : 96.93% MONTHLY ESTIMATE II: 17 FINAL CURRENT CONTRACT AMOUNT: $590,187.30 PERIOD ENDING: October 31, 2019 CONTRACT CALENDAR DAYS: 730 CHANGE ORDERS : 1 CALENDAR DAYS USED: 729 ITEM NO.. , ;. DESC: CODE ' DESCRIPTION - UNIT :MEASURE. , EST. QTY. PREVIOUS TODATE'• QTY. ..QTY. TOTAL QTY :"T.O DATE UNIT PRICE TOTAL AMOUNT 1 - Mobilization, including paymentbond, performance bond, insurance and moving equipment to project L.S. 1 1.00 0.00 1.00 $ 16,250.00 $ 16,250.00 2 02556 Smoke Testing All Sizes and Depths L.F. 400,000 254,209.00 0.00 254,209.00 $ 0.50 $ 127,104.50 4 02558 Cleaning 6"-10" Sewer, All Depths LF. 35,000 35,000.00 0.00 35,000.00 $ 1.63 $ S6,875.00 5 1 02558 Cleaning 12"-15" Sewer, All Depths LF. 12,000 4,042.00 0.00 4,042.00 S 1:88 S 7,578.75 6 02SS8 Cleaning 16"-24" Sewer, All Depths L.F. 12,000 12,000.00 0.00 12,000.00 $ 2.50 S 30,OGD.00 7 02558 Cleaning 27"-30" Sewer, All Depths L.F. 4,500 4,938.00 0.00 4,938.00 $ 5.00 S 24,690.00 8 02558 Cleaning 33"-36" Sewer, All Depths LF. 1,200 0.00 0.00 0.00 $ 10.00 $ - 12 02558 TV Inspection 6"-10" Sewer, All Depths LF. 35,000 35,000.00 0.00 35,000.00 $ 1.25 $ 43,750.00 13 02558 TV Inspection 12"-15" Sewer, All Depths LF. 12,000 4,042.00 0.00 4,042.00 $ 1.25 $ 5,052.S0 14 02558 TV Inspection 16"-24" Sewer, All Depths L.F. 12,000 12,000.00 0.00 12,000.00 $ 1.88 $ 22,500.00 15 02558 TV Inspection 27"-30" Sewer, All Depths L.F. 4,500 4,938.00 0.00 4,938.00 $ 250 $ 12,345.00' 16 02558 TV Inspection 33"-36" Sewer, All Depths LF. 1,200 0.00 0.00 0.00 $ 438 $ - 19 02553 Obstruction Removal by Excavation, All Sizes, All Depth EACH 1 0.00 0.00 0.00 $ 1,875.00 $ - 20 02553 Obstruction Removal by Remote Method (Set-up for each Manhole Section), All Sizes, All Depths - EACH 1 0.00 0.00 0.00 $ 437.50 $ - 21 502 Barricades, Signs and Traffic Handling EACH 20 0.00 0.00 0.00 $ 250.00 $ 22 02558 Cleaning 6"-10" Sewer, All Depths LF 28,257 75,063.20 0.00 75,063.20 $ .1.63 $ 122,353.02 23 02558 TV Inspection 6"-10" Sewer, All Depths LF 23,257 73,167.20 0.00 73,167.20 $ 1.25 $ 91,459.00 25 02558 Cleaning 16"-24" Sewer, All Depths LF 5,678 2,367.00 0.00 2,367.00 $ 2.50 $ 5,917.50 26 02558 TV Inspection 16"-24" Sewer, All Depths LF 5,678 2,367.00 0.00 2,367.00 $ 1.88 $ 4,449.96 Unforseen Work as Directed by the Owners ALLOW 1 0.07 0.00 0.07 $ 25,000.00 1 $ 1,725.00 PREPARED BY: OOv V 1 ` 0 a_V 1/\ It AVERI CHAN DEVAULT, WATER UTILITIES DESIGNER III DATE REVIEWED BY: yyr JOHN PIPPINS III, WATER UTILITIES DESIGNER III DATE APPROVED BY: DR.1 EPH MAIDALANI U IC WOR DIRECTOR TE I certify that all work Including m r aIs covered by this Imro , been mmpletedardegvemdlnaa:ordancewtt ocu nfc I/J AIMS COMPANIES, CONTRACTOR DATE GRAND TOTAL AMOUNT OF WORK DONE: $ 572,050.23 LESS 5% RETAINAGE: $ SUBTOTAL: $ 572,050.23 LESS PREVIOUS PAY ESTIMATE: $ 543,447.72 AMOUNT DUE THIS ESTIMATE: s�'--: •. x,281602: , 1 of 1 RESOLUTION NO. WHEREAS, on September 19, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-187 awarding a contract in the amount of $565,187.50; with an allowance of $25,000.00, for a total award of $590,187.50 to CleanServe, LLC, of Pearland, Texas, for the Sanitary Sewer Evaluation Work Order Project; and, WHEREAS, on April 18, 2018, the City Manager executed Change Order No. 1, in the amount of ($0.20), for an adjustment in the quantities of cleaning and televising of sewer lines; thereby decreasing the total contract amount to $590,187.30; and, WHEREAS, Change Order No. 2, in the amount of ($18,137.07), is required to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $572,050.23; 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, in the amount of ($18,137.07), for additional work described above, thereby decreasing the total contract amount to $572,050.23 for the Sanitary Sewer Evaluation Work Order Project; and, BE IT FURTHER RESOLVED THAT the Sanitary Sewer Evaluation Work Order Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $28,602.51 to CleanServe, LLC, of Pearland, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 10, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public rights-of-way. BACKGROUND Fiberlight LLC has been engaged by Beaumont ISD to provide fiber optic service to 36 school sites. Fiberlight LLC will install a total of 99,220 linear feet of fiber optic cable across public right-of-ways. Phase Two will include the following 7 Beaumont ISD schools/sites: Homer Elementary Odom Academy Fehl Price Elementary BISD Administration Annex ML King Middle School Taylor Career Center BISD Transportation FUNDING SOURCE Fiberlight LLC will pay the City of Beaumont a fee in accordance with Chapter 283 of the Texas Local Government Code. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Public Right -of -Way Use Agreement with Fiberlight, LLC, of Alpharetta, Georgia, for the placement of an approximate 99,220 linear feet of fiber optic cable in the public right-of-way at Homer Elementary School, Odom Academy, Fehl Price Elementary School, BISD Administration Annex building, ML King Middle School, Taylor Career Center, and BISD Transportation facility with a fee in accordance with Chapter 283 of the Texas Local Government Code. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Fiberlight LLC desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Fiberlight LLC must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Fiberlight LLC; and, NOW, THEREFOR; The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Fiberlight LLC that Fiberlight LLC may lay, maintain, operate, replace or remove fiber optic and related appurtentant facilities used to provide telecommunications services, including dark fiber for the transportation of communications (the "system") in, on, under or across the streets, alleyways and easements situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out in the permit drawings and subject to the following conditions: (a) The system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Fiberlight LLC or Fiberlight LLC contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas 1 EEXHIBIT "A" Department of Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch, when crossing or placed in said ditch. Fiberlight LLC will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten Dollars ($10) plus Five Dollars ($5) for each day of construction. (c) The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, water lines, or other facilities. (d) The system shall be installed in such a manner as to provide a twelve (12) inch vertical clearance and a thirty-six (36) inch horizontal clearance with existing water or sanitary sewer lines. All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right- of-way. (f) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Fiberlight LLC shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (g) The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (h) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of the system. (i) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. 0) Barricades, warning signs, lights, and flagmen will be provided and 2 installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by Fiberlight LLC contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Fiberlight LLC or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Fiberlight LLC or its contractor of additional barricades, warning signs and lights or flagmen as be necessary. In the event Fiberlight LLC or its contractor does not comply with the barricading standards, the City Engineer may order Fiberlight LLC and its contractor to stop work; but only until compliance is achieved. (k) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Fiberlight LLC for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Fiberlight LLC rights to recover damages against any contractor or third party who may be responsible for damages to Fiberlight LLC facilities. (1) If the City requires Fiberlight LLC to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City, Fiberlight LLC shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to Fiberlight LLC. If these requirements impose a financial hardship on Fiberlight LLC, Fiberlight LLC shall have the right to present alternative proposals for the City's consideration. If the City requires Fiberlight LLC to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, Fiberlight LLC shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Fiberlight LLC for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Fiberlight LLC facilities; provided, however, the City shall never be liable for such reimbursements. (m) Fiberlight LLC shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or 3 property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Fiberlight LLC, except to the extent arising from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont, its employees or agents. Neither parry shall be liable to the other for any consequential, special, or indirect damage hereunder. (n) If the system or any part thereof installed by Fiberlight LLC shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Fiberlight LLC shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by the City or such public agencies wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Fiberlight LLC from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (o) Recovery by Fiberlight LLC for damages that occur to Fiberlight LLC facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by Fiberlight LLC. (p) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall be at Fiberlight LLC expense. Such damages shall be limited to actual damages and no loss of revenue damages. (q) Fiberlight LLC contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten (10) days written advance notice to the .City. (r) Fiberlight LLC shall make payment to the City of Beaumont in accordance with Chapter 283 of the Texas Local Government Code. (s) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Fiberlight LLC (except as provided in Paragraph k) shall be reimbursed to the City by Fiberlight LLC upon M written request therefore, which shall include evidence of such costs. (t) Fiberlight LLC agrees that it shall mark the location of its system within seventy-two (72) hours after receipt of notification of proposed construction. Fiberlight LLC maintains a toll-free telephone number to be called for location of the system. Should Fiberlight LLC fail to locate the system for the City within seventy-two (72) hours of request duly acknowledged, Fiberlight LLC shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice, Fiberlight LLC audio tape of telephone messages shall provide proof of notification, which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to Fiberlight LLC. (u) Fiberlight LLC, at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided to the City within sixty (60) days after completion of the project. (v) This agreement may not be assigned by Fiberlight LLC to any other company or legal entity without the prior written approval by the City of Beaumont's Public Works Director, except that Fiberlight LLC may assign its rights and obligations under this agreement to Fiberlight LLC's parent, subsidiary, affiliate or successor entity without such consent, so long as the parent, subsidiary, affiliate or successor (1) assumes all obligations of Fiberlight LLC under this agreement; and (2) is bound to the same extent as Fiberlight LLC, and (3) the City is notified of the assignment within sixty (60) days and is furnished a written document within which the assignee assumes all obligations under this license. Said consent by the City shall not be unreasonably withheld. (w) Should any other company or legal entity, other than Fiberlight LLC or Fiberlight LLC's parent, subsidiary, affiliate or successor as authorized in section (v), use the system installed under this agreement under the rights granted herein without notification of the City of Beaumont's Public Works Director, such use shall be a violation of this agreement and Fiberlight LLC will cease all use of the system and the City may take steps necessary to enforce a cancellation of this agreement, including removal of some portion or all of the system upon thirty (3 0) days written notice to Fiberlight LLC, its subsidiaries, affiliates or successors. The City shall give Fiberlight LLC written notice of any violation of this agreement. If Fiberlight LLC fails to correct such violations within sixty (60) days of such notice, this Z agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be affected either by personal delivery in writing or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Public Works Department PO Box 3827 Beaumont, Texas 77704 (409) 880-3725 Fiberlight LLC LLC 11700 Great Oaks Way Suite 100 Alpharetta, GA 30022 (727) 919-6005 NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW: The above -stated addresses may be `changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Fiberlight LLC after the date of this agreement shall be construed as evidence of Fiberlight LLC acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, including, but not limited to Chapter 283 of the Texas Government Code. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. {INTENTIONALLY LEFT BLANK} 3 IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith. affixed by the City Clerk, this 1 ATTEST: City Clerk ATTEST: day of 12019. VA CITY OF BEAUMONT Kyle Hayes, City Manager FIBERLIGHT LLC By: Tony D. Cash Title: EVP and General Counsel Phase Two will include the following 7 Beaumont ISD schools/sites: Homer Elementary Odom Academy Fehl Price Elementary BISD Administration Annex ML King Middle School Taylor Career Center BISD Transportation BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 10, 2019 1:30 PM rT"LNe CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognitions Public Comment: Persons may speak on scheduled agenda items 2-3/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request for an Amended Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard 2. Consider authorizing the City Manager to award a contract to Vortex Turnkey Solutions, LLC, of Houston, for the Old Town Area Pipe Bursting Contract 3. Consider approving a six-month contract for the purchase of sodium hydroxide from TDC, L.L.C. of Houston, for use by the Water Utilities Department WORK SESSION Review and discuss installing a perimeter fence around the Botanical Gardens located at Tyrrell Park COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: David Franklin and Joshua Fontenot v. Fernando Beltran and City of Beaumont; Cause No. B-201,696 Chasity Guidry, et al vs. Daniel Guillory and City of Beaumont; Cause No. D-203,613 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 December 10, 2019 Consider a request for an Amended Specific Use Permit to allow the expansion of a bar in a GC - MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 10, 2019 REQUESTED ACTION: Consider a request for an Amended Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard. BACKGROUND L.W. Beaumont, LLC received a Specific Use Permit to allow a sports bar at 6210 Phelan Boulevard in October 2018. The plans called for the use of the interior space as well as a covered area. An application for a building permit was submitted for the restaurantibar which included a 4,024 square foot interior area and a 2,912 square foot covered patio area, with no exterior seating shown. The registered design professional, H.M. McLeod, estimated the occupancy at 395 which was within the 428 max occupant allowance according to the 2015 International Building Code. Following interior demolition of the space, permit #18-3843 was approved for the restaurant/bar. During a final inspection, unapproved changes/alterations were found that were not shown on the original, permitted plan set. The major change from the original approved plan submission was the expansion and improvements to the grassy area outside of the covered patio area. A fence was extended to allow for additional customer seating and customer activities. This additional customer area required additional means of egress within the fenced in area. This required multiple conversations with the design professional as the owner was concerned about controlled access to his business versus the required emergency egress to meet code. Multiple plan revisions were submitted for consideration. Three occupant loads were specified by the applicant's design professional for the temporary occupancy of the building. The interior building was calculated at 200 people, the outside covered patio was calculated at 209 people, and the uncovered grass area was calculated at 381 people. Also, during the plan revision process further discussions revealed that Little Woodrow's was operating as more of a bar which served food, rather than a bar/restaurant. This reclassification of use would require Little Woodrow's to add additional plumbing fixtures to the facility. An application for a new building permit was submitted by Classic Construction to add ten additional bathroom fixtures and four additional lavatories to meet a new proposed occupancy count of 700. The permit was placed on hold for consideration by the Planning Commission and City Council. Little Woodrow's is located at the southeast most tip of the Colonnade Shopping Center. As a requirement for the original Specific Use Permit, screening and a masonry wall were installed. The new addition will be approximately 1,500 square feet and include new cooler/storage space and additional restrooms to. accommodate the additional occupancy and seating area. This addition will be located along the, east side of the building providing an additional buffer from noise for the adjacent residential neighborhood. With regard to parking, it should be noted that concerns have been raised by other tenants about the availability of adequate parking. It should also be noted that the calculation of occupancies is set forth in the.Building, Fire and Plumbing Codes, whereas the calculation of required off-street parking is set forth in the Zoning Ordinance, reviewed by the Engineering Department. A parking analysis was conducted as part of this revised Specific Use Permit. It found that while demand for the parking spaces at the interior of the shopping center is high, the minimum of spaces has been provided at the shopping center, albeit some spaces are located farther afield at the perimeter of the shopping center. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District with the following conditions: 1. Install an eight foot (8') tall opaque perimeter fence. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. The Zoning. Ordinance states, "The City Council shall not amend, supplement, change, modem or repeal any regulation,restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (20116) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. " Protest against this request was received from more than 25% of the land immediately adjoining the subject property. Therefore a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Specific Use Permit. In .an effort to mitigate the impact of the business on surrounding land uses, the applicant has offered to limit the number of occupants to four hundred (400). During additional review of this application, it was found that the site plan submitted did not match what currently exists at the site, especially with regard to the parking lot layout and the number of available parking spaces. Given this fact, the best course of action would be for the applicant to submit a corrected site plan, reflecting the parking layout that exists along with any proposed modifications to the parking lot layout for additional review by the Engineering Division. This review could then be presented to the Planning Commission for additional review. FUNDING SOURCE Not applicable. RECOMMENDATIONS Council waive the sixty (60) day time limit for consideration of the application, require a corrected site .plan and a detailed accounting of the leasable floor area of the shopping center from the applicant and return the application to the Planning Commission for further review. SPECIFIC USE PE RNIT APPLICATION BEAUMONT, TEXAS S (CGapter 30, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: APPLICANT'S ADDRESS:, �`i It �c; nr�;�Lc�� de �D 4401Jt,y� I-) C)-41 Z APPLICANT'S PHONE2 6�' ! 6 �a FAX #i::- -7/3 _7 94 i '1 `1 _ NAME OF OWNER: �R v�5 Co %o � n'� d � r 1 -d -D . ADDRESS of OWNER. 2?o5 . 1.A -I'c SOD 4f /s1_ '� ., '. f. -7$70 't LOCATION OF PROPERTY: 6 2-It7 LEGAL DESCRIPTION OF PROPERTY., LOT NO: --r fl L �r, syt L11 L OR BLOCK N0. ' J -7 ADDITION NUMBER OF ACRES—,.,.. �3 ,,;L,o rt J- IV i'1( '-7 _)`) of TRACT PLAT SURVEY NUMBER OF ACRES l+or properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use pper'mit, and a complete legal field note description. PROPOSED USE: 1-! 00.0 C-0 co ���' ��r 4o � ��t�a�`" ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet, ATTACH AREDUCED 8 Y" X 11" PHOTOCOPY OT THE SITE PLAN. THE EIGHT CONDITIONS -listed on the back side of this sheet must,be. met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DM" Affi. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THANM ACRE..............................:..................................$250.0o %: ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I; being -the nradexsigued aiinlic tit, under; ge0as dspicted ori lbe-'site, plan shall be 6 SIGNATURE OF AP L-101NT: .. SIGNATURE OF that all pft) a cpnditions, dimensions, bid'Iding sizes, landscaping and parking d_Iq Aamerided and'.approved by City"C*quncil, , 22 ./201c( NOT APPLICANT) DATE: - - PLEASE TYPE OR PRINT AND SUBMIT TO; CITY OF BEAUMONT PLAN�G DnIISION FILE NUMBER: 801 MAIN STREET, ROOM 201 B'EAUMONT, TX 77701 DATE RECEIVED"` Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN'AND LETTER OF PROPOSED USES AND ACTIVITIES. Little Woodrow's has delivered a 24 -year track record of success by focusing on a core strategy of offering a full menu of drinks paired with great service and a fun, casual atmosphere. Little Mfoodrow s staff and decor conveys the concept's two predominant points of distinction—delivering quality selections of traditional favorites and consistently serving its customers in an entertaining, casual atmosphere with superb, fast and friendly service. Consequently, Little Woodrow's maintains a broad base of regular customers who value the rustic decor, familiar staff, and reasonable prices. Little LNoodrow's has built its reputation as a quality gathering place with excellent service and products through 24 years- of loyal customer support and word of mouth advertising. Over the last 24 years Little Woodrow's has evolved to a full Iiquor/beer sports bar with patio areas, offering food ranging from full service to food truck or onsite food vendors. Please look at our website: littlewoodrows.com for a list of all our locations September 4, 2019 To: The Planning Commission and City Council, City of Beaumont, Texas From: Robert Wilson, President LW Beaumont, LLC RE: Response to eight conditions required to be met before a Specific Use Permit can be issued In Response to Section 30-26. E the Zoning Ordinance requiring these eight conditions must be met. before a Specific Use Permit can be issued please find below our answers for applicant LW Beaumont, LLC dba Little Woodrow's: 1. That the specific use will be compatible and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity: Little Woodrow's is located in the Colonnade an established shopping center with other bar uses thus will be compatible to the Colonnade; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property: Little Woodrow"s is located in the Colonnade Shopping Center and such will not impede the normal and orderly development and improvement of surrounding vacant property. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided: Little Woodrow's is located in the Colonnade Shopping Center with all utilities, access roads, drainage and other supporting facilitates provided. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely.affecting the general public or adjacent development: Little Woodrow's is located on the easterly endcap of the Colonnade Shopping Center that provides for safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development, 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor,.fumes, dust, noise and vibration: Little Woodrow's takes adequate measures to prevent or control offensive odor's, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties: Little Woodrow"s has insured that it will install directional lighting in such a manner as to not disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property: The Colonnade perimeter fencing is 8' high as well as Little Woodrow's has screened a minimum of 6' high around any perimeter patio area and professionally landscape, as such there will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property; That the proposed use is in accordance with the Comprehensive Plan: Little Woodrow's is an appropriate use for its planned location at 6210 Phelan Blvd., additionally it contributes to community by providing a safe and pleasant environment for the community to congregate. Little Woodrow's LLC, 3711 Briarpark, Ste. 300, Houston, TX 77042 ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6210 PHELAN BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on October 23, 2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-061 issuing a specific use permit to allow a sports bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 6210 Phelan Boulevard; and, WHEREAS, L.W. Beaumont, L.L.C. wishes to amend the specific use permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 6210 Phelan Boulevard, being Lot 46, Tract 6, Block J, T.H. Langharn Estates, Beaumont, Jefferson County, Texas, containing .736 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval to amend the specific use permit to also allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 6210 Phelan Boulevard, subject to the following conditions: ; and, • Install an eight foot (8') tall opaque perimeter fence; Keep litter in direct area of subject property contained; • No live music allowed WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow the expansion of a bar is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No. 18-061 be amended by amending the specific use permit granted to L.W. Beaumont, L.L.C. to also allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District at 6210 Phelan Boulevard, being Lot 46, Tract 6, Block J, T.H. Langham Estates, Beaumont, Jefferson County, Texas, containing .736 acres, more or less, as shown on Exhibit "A," is hereby granted to L. W. Beaumont, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following, conditions: • Install an eight foot (8') tall opaque perimeter fence; • Keep litter in direct area of subject property contained; • No live music allowed; • Occupancy be limited to 400 persons. Section 2. That the amended specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - 2397-P: Request for an Amended Specific Use Permit to allow the expansion of a bar, Little Woodrow's, in a GC -MD (General Commercial - Multiple Family Dwelling) District. Applicant: L.W. Beaumont, L.L.C. 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Nkta iM�l m _ n u p n - - Qt nAN =/t lv omnm amruaut O mN -Ys• IM r n nngl m nR.t non vN% a f - Cam - m ll tW POLL nP III - 1 QonN lh'xr�w�oram ame lwo lune O7 CINr %C N=i CN eNxmatms aKK v mm. tltxWCCllt /1 I Ix n fuC MLL W Anon I O CAN 1/t• CN Coati N ma truml I/ w QQ wm Imoon wR m tavz WATER F -00H PLAN 2 2 d m mtp au wva u tnw.4v auvtm, weer over ttavaxt µ moryAllrm mnlu mWAY. n "maw, nn�°!Tk ral as mwNRr mlxomcx alx ttR JXA RNwwW mi Lo-I�A lucn. •::f to •Mocvt xw mvme am mavc uramaeNo Qeimrilat/naRllum nlai¢TH-1 m am/C.pvNI VJ41a14 ' 5 FtooR PLAN A - WATER R C xua x/tr-rb• 7 KEYFO.(•jpTE6 P•-2 2 December 10, 2019 Consider authorizing the City Manager to award a contract to Vortex Turnkey Solutions, LLC, of Houston, for the Old Town Area Pipe Bursting Contract BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 10, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Vortex Turnkey Solutions, LLC, of Houston, for the Old Town Area Pipe Bursting Contract. BACKGROUND The Old Town area is located in the central area of the city. This project will call for the replacement of designated pipe segments in these areas by means of pipe bursting, along with replacing manholes and service lines. On November 7, 2019, seven (7) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The -bid totals are indicated in the table below: Contractor Contractor Location Total Base Bid Allowance Total Award Amount Vortex Turnkey Solutions, LLC Houston, TX $949,962.50 $50,000.00 $999,962.50 Texas Pride Utilities, LLC Houston, TX $977,050.00 $50,000.00 $1,027,050.00 King Solutions Services, LLC Houston, TX $1,001,825.00 $50,000.00 $1,051,825.00 T Construction, LLC Houston, TX $1,075,955.00 $50,000.00 $1,125,955.00 PM Construction & Rehab, LLC Pasadena, TX $1,277,185.00 $50,000.00 $1,327,185.00 Horseshoe Construction, Inc. La Porte, TX $11502,950.00 $50,000.00 $1,552,950.00 JABAR Corporation East Calhoun, LA $19925,777.40 $50,000.00 $1,975,777.40 Engineer's Estimate $1,275,084.38 $50,000.00 $1,325,084.38 Based on a review of the bids and required documents received, the Water Utilities Department recommends awarding the project to the lowest bidder, Vortex Turnkey Solutions, LLC, in the amount of $999,962.50. A total of 180 calendar days are allocated for the completion of this project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. BID TABULATION Old Town Area Pipe Bursting Contract Bid No. WU1020-02 BID OPENING DATE November 7, 2019 The Bid Proposals submitted have bega•rQvl d and ,the best of y kn go this is an accurate tabulation of the bids received. ��v Id By. Blake Fredleu, W ili0es Designer 11 Dale: 11/1212019 ITEM NO. QUANTITY UNIT DESCRIPTION Bid Schedule (Engineer's Estimate) Vortex Tumkey Solutions, LLC 18150 Imperial Valley Dr. Houston, TSL 77060 Texas Pride Utilities, LLC 726 Carby Rd Houston, TX 77037 Wing Solutions Services, LLC 13221 Chrisman Rd Houston, TX 77039 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL i UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 LS Mobilization of to exceed 3% of Total Base Unit Prices $37,13B.38 S 37 138.38 $ 26 000.00 $ 26.000.00 S 25 000.00 S 25 000.00 S 20 000.00 E 20,000.00 2 1 15 SY I Full Depth Repair of Side Walk 5 $86.00 S 1,290.00 1 S 100.00 $ 11500.00 1 S 60.00 S 900.00 S 60.00 $ 900.00 3 20 SY Full Depth Repair of Drive 6 $109.00 S 2.180.00 E 100.00 S 2,000.00 S 80.00 $ 1 600.OD S 75.00 $ 1,500.00 4 235 SY Full Depth Repair of Concrete Pavement 10 $200.00 S 47 000.00 S 15S.DO S 36 425.00 S 100.00 $ 23 500.00 S 135.00 S 31 725.00 5 770 BY Flexible Pavement Structure Repair 4 $73.80 S 56.826.00 S 65.00 S 50 050.00 S 45.00 $ 34 650.00 S 75.DD S 57 750.00 6 Boo LF. Trench Excavation Protection $1.85 S 1,665.00 S 0.50 $ 450.00 g 1.00 S 900.00 S 2.00 $ 1.800.00 7 1 LS Barricades, Signs and Traffic Handling $5,000.00 S 5.000.00 S 9,000.00 $ 9,000.00 E 4,800.00 S 4.800.00 S 2.500.00 S 2.500.00 8 3 EACH Remove and Replace or Install Shallow Manhole, Less than 5' Depth, With All Joints and Connections (Fiberglass $3,195.00 S 9,585.00 S 3,200.00 $ 9,600.00 $ 3,800.00 $ 11,400.00 S 3,500.00 S 10,500.00 9 8 EACH Remove and Replace or Install Shallow Manhole, Less than 5' Depth, With All Joints and Connections re -Cast Concrete S3,600.06 S 28,800.00 S 2,800.00 S 22,400.00 S 3,400,00 S 27,200.00 5 3,800.00 S 30,400.00 10 40 EACH Remove and Replace or Install Shallow Manhole, Less than V to B' Depth, With All Joints and Connections re -Cast Concrete $4,500.00 S 160,000.00 S 2.850.00 $ 114,000.00 $ 4,200.00 $ 168,000.00 S 4,200.00 S 168,000.00 11 8 EACH Remove and Replace or Install New Bid. Fiberglass Manhole, 5' la B' Depth, with All Joints & Connections $4,000.00 S 24,000.00 $ 4,000.00 $ 24,000.00. S 4,600.00 S 27,600.00 $ 3,800.00 S 22,800.00 12 40 V.F. Fera Depth for New or Replacement Std. Manhole, Over8 Feet Depth (Pre -Cast Concrete er ,be lass $225.00 S 9,000.00 $ 350.00 $ 14,000.00 S 300.00 S 12,000.00 S 180.00 $ 7,200.00 13 2 EACH Abandon Manhole 52.000.00 E 4,000.00 S 1200.OD S 2,400.00 S 1300.00 S 2600.00 S 800.00 S 1,600.00 14 11 EACH Furnish and Install End of Line Cleanout $1,000.00 S 11.000.00 S 1200.00 S 13 00.00 E 900.00 S 9,900.00 S 1,000.00 $ 11 000.00 15 290 Reconnect Service Connection by Excavation Including Cieanouts to Liner, Complete, EACH Ali Sizes and De s $700.00 S "203,000.00 $ 300.00 S 87,000,00 $ 460.00 $ 133,400.00 $ 550.00 $ 159,500,00 18 5 EACH Obstruction Removal by Excavation All Sizes and Depths, Per Engineers Approval $11400.00 S 5,000.00 $ 300.00 $ 11500.00 S 400.00 $ 2,000.00 S 600.00 $ 3,000.00 17 2,000 LF. Clean and Televise Sewer All Sizes and Depths as Directed by Owners $5.30 S 10 600.00 S 425 S 8.500.00 S 4.00 S 8.000.00 $ 325 S 6.500.00 16 500 " LF. Chain Link and Wooden Fences, and Gates Per En Ineers Approval $32.00 S 16 000.00 S 18.00 $ 91000.00 $ 15.00 S 7,600.00 $ 3.00 S 1 500.00 19 13.250 LF. Pipe Bursting 6" Sewer to 8.625' OD All Depths $44.00 $ -683,000.00 S 36.75 S 486 937.50 S 34.00 S 450.500.00 S 33.00 S 437;250.00 20 800 LF. Pipe Bursting 6" Sewer to 8.625" OD All Depths $50.00 S 40.000.00 S 40.00 S 32 000.00 S 3200 S 25,600.00 S 33.00 S 26 .400.00 BASE BID QUANTITIES TOTAL S 1,275,064.38 S 949,962.50 S 977,050.00 $ 1.001,825.00 ALLOWANCE ITEM NO. QUANTITY I UNIT 1 DESCRIPTION 1 UNIT PRICE TOTAL 1 UNIT PRICE I TOTAL I UNIT PRICE I TOTAL UNIT PRICETOTAL 1 1 ALLOW Unforseen Work as Directed the Owner $ 50,000-00 S 50 000.00 S 50 000.00 S 50,000.00 S 50.000.00 5 50.000.00 S 50,000.00 S 50 000.00 ' ALLOWANCETOTAL TOTAL BASE ITEMS *ALLOWANCE $ 1,325,084.38 1 S 999,96250 $ 1,027,050.00 $ 1,051,825.00 Page 1 of 2 BID TABULATION Old Town Area Pipe Bursting Contract Bid No. WU1020-02 BID OPENING DATE: November 7, 2019 The Bid Proposals submitted have be A d and Ih best of in knowle a this Ishan accurate tabulation of the bids received. By. Blake Fredleu, Water 61ttes Designer II Date: 11/12!2019 ITEM NO. QUANTITY UNIT DESCRIPTION Bid Schedule (Engineoes, Estimate) T Construction, LLC PM Construction & Rehab, LLC McNair St Houston, TX 77015 dba IPR South Central 131 N. Richey Street Pasadena Horseshoe Construction, Inc. 2309 S. Battleground Rd La Porte, TX 77571 JA13AR Corporation 1925 Hwy 80 East Calhoun, LA 71225 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 LS Mobilization of to exceed 3% of Total Base Unit Prices) $37138.38 $ 37,138.38 S 45 000.00 $ 45,00D.00 S 35 000.00 $ - 35 000.00 S 40 ODO.00 S 40.000.00 S 36 025.00 S 36 025.00 2 1 15 SY I Full Depth Repair of Side Walk 5 $86.00 $ 1290.001 $ 64.00 S. 960.00 S. 75.00 $ 1,125.00 S 100.00 S 1,500.00 1 S 126.20 S 1893.00 3 20 SY Full Depth Repair of Driveway 8 $109.00 $ 2.180.00 S 65.00 S 1.30D.00 $ 80.00 $ 11600.00 $ 100.00 S 2.000.00 S 160.10 S 3,002.00 4 235 BY Full Depth Re alrof Concrete Pavement 10 $200,00 S 47,000.00 S 89.00 $ 20,915.00 S 160.00 $ 37,600.00 S 150.00 S 35,250.00 S 163.50 S 38,422.50 5 770 SY Flexible Pavement Structure Repair (41 $73.80 $ 58826.00 $ 68.00 $ 52360.00 S 59.00 S 44660.00 $ 80.00.$ 61600.00 S 91.70 $ 70609.00 6 900. LF. Trench E,rea12110n Protection 51.85 S 1,665.00 S 2.00 $ 1,800.00 S 1.00 S 900.00 s 1.00 S 900.00 •S 2.60 $ 2,340.00 7 1 LS Barricades, Signs and Traffic Handling $5,000.00 S 5,000.00 S 17 200.00 $ 17,200.00 $ 17 000.00 S 17 000.00 S 15 000.00 S 15,000.00 $ 13 156.30 $ 13.156.30 8 3 EACH Remove and Replace or Install Shallow Manhole, Less than 5' Depth, With All Joints and Connections ibe lass)$3,195.00 S 9,585.00 $ 3,600.00 $ 10,800.00 S 4,900.00 $ 14,700.00 $ .6,000.00 $ 16,000.00 $ 3,95020 S 11,850.60 9 B EACH Remove and Replace or Install Shallow Manhole, Less than 5' Depth, With All Joints Remove and Connections (Pre -Cast Concrete '$ 28,800.00 $ _ 3,800.00 $ 31,2A0,00 $ 5200,00 $ 41,600.00 $ 6,400.00 S 51,200.00 _$ 4;439.00 $ 35,512.00 10 40 EACH Remove and Replace or Install Shallow Manhole, Less than Via V Depth, With All Joints and Connections re -Cast Concrete $4,500.00 S 160,000.00 $ 4,200.00 $ 168,000.00 S 5,400.00 $ 216,000.00 S 6,500.00 $ 260,000.00 S 5,336.80 $ 213,472:00 11 5 EACH Remove and Replace or Install New Std. Fiberglass Manhole, V to 8' Depth, with All Joints & Connections $4000.00 $ 24,000.00 $ 4.100.00 $ 24,600.00 $ 5,150.00 S 30,900.00 $ 6,200.00 $ 37,200.00 $ 4,548.30 $ 27,289.80 12 40 V.F. Extra Depth for New or Replacement Std. Manhole, Over 8 Feet Depth (Pre -Cast Concrete or Fibe lass $225.00 S 91000.00 $ 220.00 $ 8,800.00 $ 250.00 $ 10,000.00 3 425.00 S 17,000.00 $ 384.00 S 15,360.00 13 2 EACHAbandon Manhole 000.00 S 4.000.00 $ 650.00 $ 1300.00 S 1300.00 $ 2600.00 $ 1100.00 $ 4000.00 .S 1818.00 S 3636.00 14 11 EACH Furnish and Install End of Line Cleanout $1,000.00 s 11,000.00 $ 1,220.00 S 13.420.00 $ 1.550.00 S 17 050.00 $ 2,400.00 S 2B,400.00 S 1.418.20 S 15 60020 15 290 EACH Reconnect Service Connection by Excavation Including Cleanouts to Liner. Complete, All Sizes and Depths $700.00 S 203,000.00 S 585.00 $ 169,650.00 $ _ 800.00 S 232,000.00 $ 800.00 $ 232.000.00 -$ 1214.50 $ 352,205.00 16 5 EACH I Obstruction Removal by Excavation All Sizes and Depths. Per .Engineers Approval _ $1,000.00 S 5,000.00 S 200.00 S 1,000.00 S 300.0D $ 1,500.00 S 500.00 S 2.500.00 S 4195.80 S 20 979.00 172 000 LF. Clean and Televise Sewer All Sizes and Depths as Directed b Owners $6.30 $ 10.600.00 $ 3.95 $ 7;900.00 $ 4.00 $ 8,000.00 $ 4.50 S 9,000.00 S 6.30 S .12,600.00 1a 500 F. . Chain Unit and Wooden Fences and Gates Per Engineers Approval $32.00 $ 16,000.00 $ 18.00 $ 8,000.00 S 34.00 $ 17 000.00 $ 30.00 $ 15 000.00 $ 263.10 S 131 550.00 19 13 260 F. Pipe Bursting S" Sewer to 8.625" OD All Depths $44.00 . S 583,000.00 S 35.00 $ 463 750.00 $ - 39.00 $ 516 750.00 S 48.00 $ 636 000.00 $ - 65.50 $ . 867 875.00 20 800 LF. Pipe Bursting 8" Sewer to 8.625" OD All Depths $50.00 1 S 40 000.00 S 35.001 S 28 000.00 $ 39.00 S 31200.00 $ 48.00 S 38 400.00 S 6550 S SZ400.00 BASE BID QUANTITIES TOTAL $ 1,275,084.38 1 1 S 1.0756955.00 $ 1277.185.00 S 1,502,950.00 S 1.925,777.40 ALLOWANCE ITEM No. QUANTITY UNIT DESCRIPTION I UNIT PRICE I TOTAL I UNIT PRICE I TOTAL UNIT PRICE TOTAL UNR PRICE .TOTAL UMT PRICE TOTAL 1 1 ALLOW Unforseen Work as Directed b the Owner $ 50,000.00 $ 50 000.00 $ 50,000.00 S 50 000.00 S 50;000.00 S 60,000.00 $ 50,000:00 S 50 000.00 $ 50,000.00 S 50 000.00 ALLOWANCETOTAL TOTAL BASE ITEMS +ALLOWANCE . $ 1,325,084.38 1 $ 1,125,955.00 S 1,327,185.00 1 S 1,55.'4950.00 1 S 1,975,777:40 t Page 2 of 2 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Old Town Area Pipe Bursting Project; and, WHEREAS, Vortex Turnkey Solutions, LLC, of Houston, Texas, submitted a complete bid meeting specifications in the amount of $999,962.50; and, WHEREAS, the City Council is of the opinion that the bid submitted by Vortex Turnkey Solutions, LLC, of Houston, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Vortex Turnkey Solutions, LLC, of Houston, Texas, in the amount of $999,962.50, for the Old Town Area Pipe Bursting Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Vortex Turnkey Solutions, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this -resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - 3 December 10, 2019 Consider approving a six-month contract for the purchase of sodium hydroxide from TDC, L.L.C. of Houston, for use by the Water Utilities Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 10, 2019 REQUESTED ACTION: Council consider a resolution approving a six-month contract for the purchase of sodium hydroxide from TDC, LLC. of Houston, for use by the Water Utilities Department. BACKGROUND Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred (500) dry tons of this material during the term of this contract. Formal bids were requested from nine vendors; five responded. TDC, L.L.C. responded with a bid of $410.00 per ton and a total estimated amount of $205,000. This represents an $253/ton or (38%) decrease in the price of this material over the last contract. Specifications allow for a six month contract with the option of two renewals of six month terms at the same pricing as the awarded contract. TDC, L.L.C., has previously held this contract. There are no local vendors of this commodity. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. City of Beaumont Texas BEAUM©NT Purchasing Division Bid Tabulation TEXAS Bid Name: Six (6) Month contract for Sodium Hydroxide Bid Number: TF1020-03 Bid Opening: Thursday, November 14, 2019 Contact Person: Terry Welch, Senior Buyer terry.welch(a)beaumonttexas.gov Phone 409-880-3107 Vendor TDC, LLC Brenntag Southwest, Inc Shrieve Chemical Co. Vendor Kent, WA Phone or Fax No. 281-457-4807 City / State Houston, Tx Houston, Tx The Woodlands, Texas Phone or Fax No. 318-242-5299 713-450-4699 281-367-0071 ITEM DESC (TONS) Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Sodium Hydroxide 500 410.00 $205,000.001 $426.00 $213,000.001 $447.00 $223,500.00 TOTAL BID $205,000.00 $213,000.00 $223,500.00 Vendor DXI Industries, Inc Univar Solutions USA Inc. City / State Houston, Tx Kent, WA Phone or Fax No. 281-457-4807 253-872-5041 ITEM DESC (TONS) Unit Price Extended Price Unit Price Extended Price 1 Sodium Hydroxide 500 $463.59 $231,795.00 $505.00 $252,500.00 TOTAL BID $231,795.001 $252,500.00 Qualified low bidder is TDC LLC as Hi Lighted in Bold. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, TDC, L.L.C., of Houston, Texas, submitted a bid for an estimated total expenditure of $205,000.00 in the unit amounts shown below: VENDOR UNIT PRICE PER ESTIMATED COST TON 500 TONS TDC, L.L.C. $410.00 $205,000.00 Houston, TX ; and, WHEREAS, the City Council is of the opinion that the bid submitted by TDC, L.L.C., of Houston, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by TDC, L.L.C., of Houston, Texas, for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Sodium Hydroxide in the unit prices shown above for an estimated total expenditure of $205,000.00 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with TDC, L.L.C., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2019. - Mayor Becky Ames - WORKSESION Review and discuss installing a perimeter, fence around the Botanical Gardens located at Tyrrell Park