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HomeMy WebLinkAboutPACKET JAN 15 2008 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 15, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointment Harold Haynes would be appointed to the Keep Beaumont Beautiful Commission. The term would commence January 15, 2008 and expire January 14, 2010. (Mayor Pro Tem Audwin M. Samuel) A) Authorize the acceptance of an exclusive ten(10)foot wide water line easement for fire hydrants across Hidden Lake RV Park located on Major Drive at Fannett Road B) Approve a resolution accepting maintenance of the water and sewer improvements in The Sanctuary C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Washington Manor Unit Six Subdivision D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Sienna Trails Subdivision E) Authorize the settlement of the claim of Dan Eisen A Q.. City g Council Agenda Item W- TO: City Council FROM: Kyle Hayes, City Manager -f-Vr)- PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 15, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of an exclusive ten(10) foot wide water line easement for fire hydrants across Hidden Lake RV Park located on Major Drive at Fannett Road. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Thomas C. Taylor, Jr., dba Poweroof Insurance Team,has agreed to convey an exclusive ten(10) foot wide water line easement to the City of Beaumont. The easement is located across Hidden Lake RV Park located on Major Drive at Fannett Road and will provide mandatory access for fire prevention services for the RV Park. It would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances: Being a ten foot (10')wide exclusive water line easement, [5,171 square feet of land] out of the S. Stivers League, Abstract 15. BUDGETARY IMPACT None. engry_park-ib.wpd 7 January 2008 RESOLUTION NO. WHEREAS, Thomas C. Taylor, Jr., dba Poweroof Insurance Team, has offered to convey an exclusive ten-foot(10')wide Water Line Easement across Hidden Lake RV Park located on Major Drive at Fannett Road, as described in Exhibit"A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement across Hidden Lake RV Park located on Major Drive at Fannett Road conveyed by Thomas C.Taylor,Jr., dba Poweroof Insurance Team, as described in Exhibit "A" and shown on Exhibit "B" be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames - FAUST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE (409) 813-3410 E-MAIL ADDRESS INFO FAUSTENG.COM FAX(409) 813- 3484 2525 CALDER STREET BEAUMONT,TEXAS 77702 EXHIBIT A PAGE I OF 2 FIELD NOTE DESCRIPTION FOR A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 15.358 ACRE TRACT OUT OF THE S. STRIVERS LEAGUE,ABSTRACT NO.1 S BEA UMONT, JEFFERSON COUNTY, TEXAS December 26, 2007 Being a 10 foot strip of land over and across a 15.385 acre tract or parcel of land situated in the S. Strivers League, Abstract No. 15, Jefferson County, Texas and being out of and part of the remainder of that certain 16.71 acre tract of land described in a General Warranty Deed with Vendors Lien from Jerry M. Freeman to Thomas C. Taylor, Jr. of record in Film Code No. 2006032725, Official Public Records of Jefferson County, Texas, said 10 foot strip of land containing 5,171 Square Feet of land, more or less being more particularly described as follows: i COMMENCING at a 5/8" iron rod found on the west right-of-way line of F.M. Highway 364 (right-of-way varies) same being the most southerly northeast comer of said 15.385 acre tract and the southeast comer of a called 1.1553 acre tract of record in Clerks File No. 2001044248 Official Public Records Jefferson County: THENCE along said west R.O.W. line of F.M. Hwy. 364, South 15°53'18" East, a distance of 3.94 feet to a Tx. DOT concrete monument found at the beginning of a curve to the left; THENCE with said curve to the left whose chord bears South 28'10'00" East, having a radius of 1,339.45 feet, a chord distance of 49.30 feet to the POINT OF BEGINNING; THENCE South 59°01'18" West, a distance of 204.00 feet; Page 1 EXHIBIT A 2 OF 2 LEGAL FOR EASEMENTS THENCE North 83°48'33" West, a distance of 7.29 feet; THENCE North 43 057'21" West, a distance of 69.85 feet; THENCE South 46°02'39" West, a distance of 10.00 feet; THENCE South 43°57'21" East, a distance of 77.83 feet; THENCE South 31°41'34" West, a distance of 44.13 feet; THENCE South 04'47'16"East, a distance of 108.32 feet: THENCE South 12'03'10" West, a distance of 20.69 feet; THENCE South 77°56'50"East, a distance of 10.00 feet; THENCE North 12'03'10"East, a distance of 22.17 feet; THENCE North 04'47'16"West, a distance of 106.50 feet; THENCE North 31°41'34" East, a distance of 50.64 feet; THENCE North 59001'18" East, a distance of 131.55 feet; THENCE South 31°05'56"East, a distance of 51.44 feet; THENCE North 58 054'04" East, a distance of 10.00 feet; THENCE North 31°05'56"West, a distance of 51.42 feet; THENCE North 59001'18" East, a distance of 62.79 feet; to a point found at the beginning of a non-tangent curve to the right; THENCE with said non-tangent curve to the right whose chord bears North 29°26'06" West, having a radius of 1,339.45 feet, a chord distance of 10.00 feet to the POINT OF BEGINNING which contains 5,171 square feet of land, more or less. This description is based on the plat made by Richard F. Faust, P. E., Registered Professional Land Surveyor No. 4782 on November 13, 2007. Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Page 2 EXHIBIT B A N 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 15.35 ACRE TRACT SCALE: 1"=100' OUT OF THE S. STRIVERS LEAGUE, ABSTRACT NO.15 BEAUMONT, JEFFERSON COUNTY, TEXAS CALLED 1.1553 ACRES KEITH B. BARNETT CF NO. 2001044248 OPRJC POINT OF COMMENCING s/a'sa/s s aas facun a rrw•�r r ue) ru wD.laaa. 4 ss &.W s \ L�4Aao' POINT OF .■ ■ BEGINNING IYD-/aaA4d CF-9aD• as c 2 Ut L 10.00 9 t3 0 r 1 �rGw PROPOSED V6 10.WA 7ERUNE �b EASEMENT V 5,177 SF. PROPOSED 2' WATER METER C PROPOSED HIDDEN LAKE RV PARK o SECTION ONE v PROPOSED Ly FIRE HYDRANT LINE TABLE LINE LENGTH BEARING Ll 204.00 S59'01'18'W L2 7.29 N83'48'33'V L3 69.85 N43'57'21'W L4 10.00 S46'02'39'W L5 77.83 S43'57'21'E L6 44.13 S31.41'34'W L7 108.32 SO4'47'16'E LS 20.69 1 S12'03'10'W L9 10.00 S77'56'50'E L10 22.17 N12'03'1D'E U1 106.50 N04'47'16'W L12 50.64 N31'41'34'E L13 131.55 459'01'18E L14 51.44 S31'05'56'E L15 10.00 N58'54'04'E L16 51.42 N31'05'56'W L_.Ll7l 62.79 N59.OI'18'E [a�4D (&41 RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PREPARED BY: ��•'-OF•.T� �Qr%p\ Fq�ti' C5 co RICHARD F.FAUST ENGINEERING AND SURVEYING,INC. 2525 CALDER STREET ■ BEAUMONT,TEXAS 77702 ~[� pvV (409) 813-3410 • FAX (409)813-3484 V V ff11 B .,..,, City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager .1p' PREPARED BY: Tom Warner,Director of Public Works MEETING DATE: January 15, 2008 REQUESTED ACTION: Council consider a resolution accepting maintenance of the water and sewer improvements in The Sanctuary. RECOMMENDATION Administration recommends approval of the water and sewer improvements for Lots 1 - 31, Block 1. The Sanctuary is a private street from existing Bell Pointe approximately 1950 feet west of the end of the cul-de-sac. BACKGROUND The aforementioned improvements in the subdivision passed final inspection by all entities involved on January 8, 2008. BUDGETARYIMPACT None. The Sanctuarycg.wpd 01/08/2008 RESOLUTION NO. WHEREAS, construction of the water and sanitary sewer improvements constructed on The Sanctuary, a private street from existing Bell Pointe approximately 1950 feet west of the end of the cul-de-sac, have been completed as follows: Water and Sanitary Sewer Improvements Lots 1 - 31, Block 31 WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced water and sanitary sewer improvements on The Sanctuary, a private street from existing Bell Pointe approximately 1950 feet west of the end of the cul- de-sac, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames - O� � O TUC SA►NCTUA UY MADISON RIDGE rn O r ST�yFSTFR for o z 00 � r O/�TF Skeh'�Iq N Ogks DA a PLACE WELLINGTON DOWLEN u WINDSOR PKY 0 F n p 9Z � � Z AUDVgON 2� �'� x Rogers o Park z z v MARSHALL N S m q/1DYS 0 z Z Marshall Middle School WILCHESTER VICINITY MAP NTS 06 DLJ �f� 0 LN an-nop-H& H. D r\n rcE�rx — n rxn rEE�rE� rm--) rc-,-, Co n n. r\ n r;zz\ n n r-,—% n .... City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager -<V*� PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 15, 2008 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Washington Manor Unit Six Subdivision. RECOMMENDATION Administration recommends approval of the following: • Roberts Avenue from Twenty-third Street approximately 1600 feet east to the end of the cul-de-sac. Also, recommended for approval are the water and sanitary improvements for Lots 1-30, Block 37. BACKGROUND The aforementioned improvements in the subdivision passed final inspection by all entities involved on January 8, 2008. BUDGETARYIMPACT None. SiennaTrailscg.wpd 01/08/2008 RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Washington Manor Unit Six Subdivision, have been completed as follows: Street. Storm Sewer, Roberts Avenue from Twenty-third Street approximately 1600 feet east to the end of the cul-de-sac. Water and Sanitary Sewer Improvements Lots 1-30, Block 37. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street, storm sewer, water and sanitary sewer improvements in Washington Manor Unit Six Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames - i CO UNTY, TEX-AS .......... s;a: sad _ r ± CORLEY Q To U Q RIGHT 10 ARTW _. C r Y a�. PROPERTY o J LOCATION WASHINGTON `V O 0 4� cn PARISH JONES T/IMF m PROCTO PIERRE WESTMO E ND / w F( GLENW 0 �- IMPSO P /® IDIREC SIMON P�� EDMONDSr. / TORS o Q t � ELMIRA~ 3 / ov R 287 t Q 96 FRF �0 69 VICINITY MAP N. T. S. MARCH 2007 D .... City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager -'f.�P PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 15, 2008 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Sienna Trails Subdivision. RECOMMENDATION Administration recommends approval of the following: • Sienna Trails from existing Concord Road, approximately 930 feet north of the 3-OM-4P end of roadway markers. • Timber Creek Loop from proposed Sienna Trails approximately 1185 feet east of Sienna Trails. Also, recommended for approval are the water and sanitary improvements for Lots 1 and 2, Block 2 and Lot 1, Block 3. BACKGROUND The aforementioned improvements in the subdivision passed final inspection by all entities involved on January 8, 2008. BUDGETARY IMPACT None. SiennaTrailscg.wpd 01/08/2008 RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Sienna Trails Subdivision, have been completed as follows: Street. Storm Sewer. • Sienna Trails from existing Concord Road, approximately 930 feet north of the 3-OM-4P end of roadway markers. • Timber Creek Loop from proposed Sienna Trails approximately 1185 feet east of Sienna Trails. Water and Sanitary Sewer Improvements Lots 1 and 2, Block 2 and Lot 1, Block 3. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street, storm sewer, water and sanitary sewer improvements in Sienna Trails Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames - uLJ vU O BEDFORD LAMPMAN CHISHOLM NAVAJO V)� J (� RICK{ OFH (�• MARCUS 00 O• � CASWEC C ASWELL V� Q7 =� OLD DOWLEN na m � aoa m �O 0 NA \`/J RIDGE Z s� KIPLING o COMSTOCK COMSTOCK m � ; ETTA GOSER m RUCE a RfADWAY o 1NGLETpN MOT m mm A N a 1 E m City Council Agenda Item 'm c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: January 15, 2008 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Dan Eisen. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Dan Eisen. BACKGROUND Council discussed the settlement of this claim in Executive Session on January 8,2008. Recommended by City Manager and City Attorney. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay a partial amount as shown: Dan Eisen $34,471.87 RESOLUTION NO. WHEREAS, the claim of Dan Eisen has been discussed in an Executive Session properly called and held Tuesday, January 8, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Dan Eisen in the amount of Thirty-four Thousand Four-hundred Seventy-one and 87/100 ($34,471.87) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames - Citq of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 15, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving the purchase of a performance stage system for the Civic Center 2. Consider approving an increase to rental rates for new community centers 3. Consider authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for"extra work" 4. Consider terminating a contract with Millennium Transit Services, LLC for the purchase of sixteen(16) CNG transit buses COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont v. International Association of Firefighters, Local Union No. 399 Erik Kvarme vs. The City of Beaumont, et al Gene E. Bates vs. The City of Beaumont City of Beaumont vs. Attorney General Greg Abbott * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrates Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 January 15, 2008 Consider approving the purchase of a performance stage system for the Civic Center �r City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 15, 2008 REQUESTED ACTION: Council consider the purchase a performance stage system. RECOMMENDATION Administration recommends the purchase of a performance stage system for the Civic Center from StageRight Corporation of Clare, Michigan in the amount of$95,023. BACKGROUND The Sico brand performance stage currently in use at the Civic Center was purchased in January 1979. Some of the 4'x 8'reversible deck panels and support system components are showing considerable wear. The system takes several days to assemble, level, and secure together when a stage is required for a performance. Once assembled,the stage is not portable,and must be broken down and reassembled if the stage is needed in a different location. Bids were solicited for the purchase of a 40'x 80'performance stage system complete with a modular reversible deck and support system, stairways, guardrails, skirting, and a transport and storage system. Specifications require an assembled stage to be portable without disassembly. The following bids were received: VENDOR MFG/MODEL BID PRICE StageRight Corp.,Clare,MI StageRight Corp.#ME3750 $95,023.00 Sico America,Inc., Minneapolis,MN Sico America,Inc. -Roll N Set $119,414.50 The Civic Center staff witnessed a demonstration of the proposed StageRight equipment in use at Ford Park and is satisfied that the stage system meets specifications. The new equipment will allow assembly of the entire stage within only a few hours reducing labor expenses each time the performance stage is set up. Once assembled,the stage is fully portable. Delivery is expected within forty-five(45)days. Purchase Performance Stage System January 15,2008 Page 2 Twelve(12)to fifteen(15)of the Sico 4'x 8'deck sections with supports from the older stage system will be kept by the Civic Center as a backup when several stages are required for an event. The remainder of the Sico components will be disposed of according to the City's surplus property disposal policies. BUDGETARY IMPACT Funds are budgeted in the Capital Reserve Fund. RESOLUTION NO. WHEREAS, bids were solicited for the purchase of a performance stage system; and, WHEREAS, StageRight Corporation of Clare, Michigan, submitted a bid in the amount of $95,023; and, WHEREAS, City Council is of the opinion that the bid submitted by StageRight Corporation of Clare, Michigan, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by StageRight Corporation of Clare, Michigan, for the purchase of a performance stage system in the amount of $95,023 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames - 2 January 15, 2008 Consider approving an increase to rental rates for new community centers 7911 City Council Agenda Item L TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Claudie Hawkins, Director of Event Facilities & Libraries MEETING DATE: January 15, 2008 REQUESTED ACTION: Council approval to increase rental rates for new community centers RECOMMENDATION The Administration recommends that rental rates for all newly constructed community centers be increased to $50.00 per hour with a minimum rental of two hours. BACKGROUND In October of 2006 the Event Facilities Division assumed responsibility of all community centers which included assigning a building attendant to each activity. With the new larger facility at Central Park coming on line in November our operating costs continue to increase. Staff conducted a survey of like facilities in the State of Texas and the comparison shows our rates were considerably lower than average. The rental survey is attached for your review. Based on survey and increasing operating costs we recommend increasing rental rates for Central Park and all new community centers to $50.00 per hour with a minimum rental of two hours which represents an increase from$25.00 per hour with a three hour minimum. By reducing the minimum usage time from three hours to two hours, rental cost would only increase by$25.00 with one hour less usage time. The majority of events are baby showers, children's birthday parties and church programs and do not require three hours of rental time. We would continue to allow 30 minutes before and 30 minutes after each event for set-up and take-down at no additional charge. BUDGETARYIMPACT We project that revenue for Central Park community center will increase by approximately $3,500.00 for this fiscal year since many events are already contracted at the current rate. Revenue projections for upcoming years will increase considerably due to increased rental rates and more new community centers coming on line. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE II, SECTION 20-21(h); ADDING THE CENTRAL PARK COMMUNITY CENTER RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 20-21(h) of the Code of Ordinances of the City of Beaumont is hereby amended to add to read as follows: Section 20-21. Use rate schedule. (h) After midnight: When any of the facilities of the Civic Center complex are used between the hours of 12:00 a.m. through 7:00 a.m., said use shall be at the following hourly rates plus additional charges equal to the cost of operating a staff: Civic Center, per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350.00 Civic Center Meeting Rooms, per hour . . . . . . . . . . . . . . . . . $75.00 Julie Rogers Theatre, per hour . . . . . . . . . . . . . . . . . . . . . . $200.00 Julie Rogers Theatre Meeting Rooms, per hour . . . . . . . . . . $75.00 Jefferson Theatre, per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . $200 Harvest Club, per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00 The following rates will apply to the rental of city recreation buildings: Per hour (three-hour minimum) . . . . . . . . . . . . . . . . . . . . . . $25.00 Set-up and take-down of tables and chairs . . . . . . . . . . . . . $25.00 Set-up and take-out is allowed thirty (30)minutes before and after any event. These rates shall apply to the following city recreation buildings: Alice Keith Community Center; Rogers Park Community Center; Sprott Park Community Center. The following rates shall apply to the Central Park Community Center: Per hour (three hour minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Set-up and take-down of tables and chairs. . . . . . . . . . . . . . . . . . $25.00 The following rates will apply to the rental of the city showmobile: Daily rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 If out of city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . plus mileage If rented for 10 or more days, daily rate . . . . . . . . . . . . . . . . . . . $100.00 Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames - 1 city Capacity Rental Rates Alcohol Allowed Abilene 63, 75 $75 (9a-4p or 5p-Midnight), $50 Deposit NO Amarillo 60 $250, $100 Refundable Deposit (Access to YES building from l Oa- 11 p) Beaumont 40 $25/Hr w/ 3 hr minimum NO 150 $25/Hr w/ 3 hr minimum Carrollton 35-40 $15/Hr, $100 Deposit/After Hours: $20/Hr, $50 NO Deposit + $25/Hr per staff person and $15/Hr Security Fee Conroe 30 $25/Hr NO 200 $50/Hr Denton 50 $20/14r, $40/Hr After Hours+$11/Hr for NO Security El Paso 100 $100 for 3 Hours, $30/Additional Hours before YES; Additional$11 11 p.m. (For Profit: $150 for 3 Hours) per hour for events with alcohol Houston 100 Daytime: $55 / 3 Hours, Evening: $70/ 3 Hours NO Killeen 50 $60/Day NO 150 $150/Day, $50 Deposit Lubbock 112, 83, 89 $35/Hr NO Lufkin 100 $10/Hr, 3 Hr Minimum; $25 Refundable Deposit NO McAllen 96 $50/Hr NO Pasadena 120 $50/Hr, 4 Hr Minimum NO 60 $25/Hr, 4 Hr Minimum Plano 80 $50/1-1r,No Minimum YES Richardson 50 $50/Hr, 3 Hr Minimum NO San Antonio 75 $50/1-1r, 2 Hr Minimum NO Tyler 75 $60/Hr, 2 Hr Minimum, $50 Each Additional NO Hour Waco 100 $40/Hr, $250 Refundable Deposit NO Abilene Cobb Recreation Center /63 Rose Park Recreation Center/75 Carrollton n f e k' Small Room Conroe Beaumont Central Park Community Center XT4 Alice Keith Community Center Rogers Park Community Center _. I � II 1 1 11 11 1 1 ,, xa r , I( irw � 1111 111 II I I Waco t Cameron Park Clubhouse Harrison Center Meeting Room 3 January 15, 2008 Consider authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for"extra work" CUECity Council Agenda Item �1= c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: January 15, 2008 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for"extra work". RECOMMENDATION The Administration recommends approval of increasing the Rehabilitation of the Primary and Secondary Trickling Filters Project amount by $76,485.00. The proposed changes to the contract will furnish labor, equipment and material to remove the damaged portion of the wall on the final clarifier splitter box, install new concrete to match the existing wall, reinstall the slide gate brackets, add new plates so that there is a 1" plate on both sides of the wall, install stainless steel bolts to anchor the slide gate bracket to the wall and through the plates of the slide gate brackets, and reinstall the slide gate actuator on the bracket. Replace 430 brass spreader plate assemblies including spreader plates, spacers, nuts and washers on the existing Secondary Trickling Filter No. 1 with new stainless steel assemblies. Repair 20 distribution tubes on the Secondary Trickling Filter No. 1 including two (2) 3'by 3' patches, replace the bottom side of one(1)distribution tube section, and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies. The proposed changes will increase the contract time by 74 calendar days. The additional days increases the total contract time to 515 calendar days. The proposed extra work will represent an increase of 5.11%of the original contract amount and a total increase of 7.45% of the original contract. BACKGROUND The primary and secondary filters were originally built in 1952. The proposed additions and modifications to the trickling filters are mandated by equipment failure, increased flows during normal operational conditions and deteriorated structures and equipment. The project will rehabilitate and replace structural components and install new equipment to meet present and future demands and State and Federal regulations. Rehabilitation of the Primary and Secondary Trickling Filters Project January 15, 2008 Page 2 of 2 Previous actions include: Resolution 06-325 in the amount of$1,496,254.00 was passed by City Council on October 24, 2006. Resolution 07-343 in the amount of$34,965.35 was passed by City Council on October 24, 2007. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. RESOLUTION NO. WHEREAS, on October 24, 2006, the City Council of the City of Beaumont, Texas, approved Resolution No. 06-325 awarding a contract in the amount of$1,496,254 to Allco, Ltd., Beaumont,Texas,forthe Rehabilitation of the Wastewater Treatment Facility Primary rY and Secondary Trickling Filters; and, WHEREAS, Change Order No. 1, passed by Resolution No. 07-343 on October 23, 2007, in the amount of $1,377,912.01 was required for "extra work" to remcve three concrete plugs for the headworks building and channel, replace the specified Garlock gaskets with 1/8" neoprene gaskets on Primary Trickling Filter No. 1, sandblast existing distribution arms for Primary Trickling Filter No. 2, Secondary Trickling Filter No. 1 and Secondary Trickling Filter No. 2 to prepare the surfaces to be galvanized, repair three (3) sections of the distribution tubes from Primary Trickling Filter No. 2 by cutting the bottom section of the tubes at the weld seams on both sides and installing a 1/4" carbon steel plate bent to the original radius and cutting new holes for the orifice ports to match the original holes, furnish and install 325 new stainless steel spreader plates and 325 new stainless steel spacer plates on Primary Trickling Filter No. 2, repair the top of one distribution tube section by cutting out the damaged area and welding a 1/4" carbon steel plate in place and weld up dimple holes on the distribution tubes for Primary Trickling Filter No. 2, and increase the contract time by 81 calendar days, thereby increasing the contract amount by $34,965.35 for a total contract amount of$1,531,219.35; and, WHEREAS, Change Order No. 2 in the amount of$76,485 thereby increasing the contract amount to $1,607,704.35 is required to furnish labor, equipment and material to remove the damaged portion of the wall on the final clarifier splitter box, install new concrete to match the existing wall, reinstall the slide gate brackets, add new plates so that there is a 1" plate on both sides of the wall, install stainless steel bolts to anchor the slide gate bracket to the wall and through the plates of the slide gate brackets, and reinstall the slide gate actuator on the bracket. Replace 430 brass spreader plate assemblies including spreader plates, spacers, nuts and washers on the existing Secondary Trickling Filter No. 1 with new stainless steel assemblies. Repair 20 distribution tubes on the Secondary Trickling Filter No. 1 including two (2) 3' by 3' patches, replace the bottom side of one (1) distribution tube section, and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 for "extra work" as described above, thereby increasing the contract amount by $76,485 for a total contract amount of$1,607,704.35. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames - APPROVAL OF CONTRACT CHANGE Change Order No.2 Date:January 8,2008 Project: City of Beaumont,Texas Wastewater Treatment Facility Rehabilitation of the Primary and Secondary Trickling Filters Owner: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 Contractor: Allco,Ltd P.O.Box 3684 Beaumont,Texas 77704 To the Owner: Approval of the following contract change is requested. Reason for Change: Furnish labor, equipment and material to remove the damaged portion of the wall on the final clarifier splitter box,install new concrete to match the existing wall,reinstall the slide gate brackets,add new plates so that there is a V plate on both sides of the wall,install stainless steel bolts to anchor the slide gate bracket to the wall and through the plates of the slide gate brackets,and reinstall the slide gate actuator on the bracket. Replace 430 brass spreader plate assemblies including spreader plates,spacers,nuts and washers on the existing Secondary Trickling Filter No. 2 with new stainless steel assemblies. Repair 20 distribution tubes on the Secondary Trickling Filter No. 2 including two (2) 3' by 3' patches, replace bottom side of one (1) distribution tube section,and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies. ORIGINAL CONTRACT AMOUNT: $1,496,254.00 AMOUNT OF CHANGE ORDER No.1 $34,965.35 REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED CHANGE ORDER No.1 $1531,219.35 THIS CHANGE ORDER: Description Net Change Furnish labor, equipment and material to remove the damaged portion of $6,958.00 the wall on the final clarifier splitter box,install new concrete to match the existing wall,reinstall the slide gate brackets,add new plates so that there is a V plate on both sides of the wall,install stainless steel bolts to anchor the slide gate bracket to the wall and through the plates of the slide gate brackets,and re-install the slide gate actuator on the bracket. Replace 430 brass spreader plate assemblies including spreader plates, $15,300.00 spacers,nuts and washers on the existing Secondary Trickling Filter No.2 with new stainless steel assemblies. Repair 20 distribution tubes on the Secondary Trickling Filter No. 2 $54,227.00 including two (2) 3' by 3' patches, replace bottom side of one (1) distribution tube section,and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies. TOTAL AMOUNT OF THIS CHANGE ORDER: $76,485.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $1,607,704.35 City of Beaumont January 8,2008 Change Order No.2 Page 2 of 2 CONTRACT TIME: Original Contract Time: 360 days Revised Contract Time per Change Order No.1 441 days Additional Time requested: Repair final clarifier division box 14 days Replace spreader plates 7 days Repair distribution tubes 53 days Revised Contract Time per this Change Order 515 days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved By: Accepted by: Schaumburg&Polk,Inc. City of Beaumont Allco,Ltd. Engineer Owner Contractor Date: Date: Date: 4 January 15, 2008 Consider terminating a contract with Millennium Transit Services, LLC for the purchase of sixteen(16) CNG transit buses .••.•• City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 15, 2008 REQUESTED ACTION: Council consider terminating a contract with Millennium Transit Services, LLC for the purchase of sixteen (16) CNG Legend transit buses. RECOMMENDATION Administration recommends Council terminate the contract between the City of Beaumont and Millennium Transit Services, LLC for the purchase of sixteen (16) transit buses in the amount of $6,071,376 by reason of default. BACKGROUND On December 20, 2005, the City Council approved the purchase of sixteen (16) Compressed Natural Gas (CNG) powered transit buses from Millennium Transit Services, LLC, the only bidder, at the cost of$379,461 per bus for a total cost of$6,071,376. The cost was to be funded by Congestion Mitigation Air Quality (CMAQ) funds in the amount of a $6,200,000 grant. In addition, the City was able to secure State of Texas toll credits for the local match, resulting in the City incurring no cost to purchase the buses. The order was placed January 18, 2006 with an expected delivery date of 200 days, according to the bid response, or August 15, 2006. In the past year, the City received many inquiries as to the financial condition of Millennium Transit Services, LLC and their ability to fulfill the City's order. City staff reviewed the files and contacted representatives with Millennium Transit Services, LLC. It was confirmed that the company had been in financial straits but felt they could fulfill the order. After much correspondence and a trip to the plant in Roswell, New Mexico, the staff felt we should move forward with the purchase and a new delivery date of May 20, 2008, contingent upon Millennium Transit Services, LLC, providing the City of Beaumont with a performance bond for 5% or $303,569 of the purchase price, as required by the contract. During a conference call on December 20, 2007, a representative from Millennium Transit Services, LLC, stated that the company was not in a financial position to obtain a performance bond. As an alternative to the required performance bond, the company has offered two letters of credit totaling $75,000 or i Millennium Transit Services, LLC January 15, 2008 Page 2 1.2% of the contract price to be paid if the buses are not delivered by July 30, 2008, which the staff feels is not adequate insurance for a contract in the amount of$6,071,376. Administration feels the required performance bond provides assurance that we will have buses available to continue providing safe and adequate transit services. As a result of Millennium Transit Services, LLC, being unable to provide the performance bond, the Administration recommends termination of the contract. BUDGETARY IMPACT If this contract is terminated, the funding the City has been awarded is available to fund another contract for the purchase of transit buses. 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 terminate the contract between the City of Beaumont and Millennium Transit Services, LLC for the purchase of sixteen (16) transit buses in the amount of$6,071,376 by reason of,default. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2008. - Mayor Becky Ames -