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HomeMy WebLinkAboutPACKET JAN 22 2008 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 22, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointment Tom Neild would be appointed to the Small Business Revolving Loan Fund Board. The term would commence January 22, 2008 and expire January 21, 2010. (Councilmember Alan B. Coleman) Pat Anderson would be reappointed to the Community Development Advisory Committee. The current term would expire December 12, 2009. (Councilmember Nancy Beaulieu) A) Approve a change order for the 911 Operations Center B) Authorize the City Manager to increase the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount for"extra work" C) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in Washington Boulevard Park Subdivision D) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in the Jehovah Jireh Subdivision A City Council Agenda Item � - W TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 22, 2008 REQUESTED ACTION: Council approval of Change Order No. 8 for the 911 Operations Center. RECOMMENDATION The Administration recommends approval of Change Order No. 8 for the 911 Operations Center totaling $15,526.90 to N&T Construction Company. BACKGROUND On April 3, 2007 Council awarded the construction contract for the 911 Operations Center to N&T Construction Company of Beaumont in the amount of$2,426,320. This award included Change Order No. 1 for a deduction of$7,680 from the original bid amount of$2,434,000 due to a discount offered by the elevator subcontractor. Change Order No. 2 was authorized by Council on August 14 in the amount of$24,321 for various interior renovations. Change Order No. 3 was authorized on October 9 in the amount of$15,640.50 for additional fire alarm components. Change Order No. 4 was authorized on October 16 for$13,427 for elevator modifications and for construction of additional office space. Change Order Nos. 5 and 6, awarded by Council on November 27, 2007, included additional plumbing connections for a washer and dryer and additional costs for vinyl flooring and electrical work. Change Orders 2 through 6 were deducted from the contingency allowance which did not result in an increase to the contract amount. Change Order No. 7 in the amount of$44,156 included all costs associated with removal of HVAC piping from the elevator shaft. This change order, authorized by Council on November 27, 2007, resulted in an increase of 1.8% to the original contract amount. The new contract total after the addition of Change Order No. 7 was$2,470,476. Change Order No. 8 in the amount of$15,526.90 includes additional electrical, telephone, TV and data receptacles, electrical floor boxes to meet the current technology requirements. There have been updates in technology since the 911 Operation Center was designed. In addition, a new 911 Operations Center/Change Order No. 8 January 17, 2008 Page 2 911 Operations Manager was hired to manage the dispatch center. Changes were requested incorporating current technology and provide a more efficient work environment. Additionally, carpet was requested in a room originally designated for archives that will be converted to an office. This change order represents an increase to the contract of less than 1%. A copy of Change Order No. 8 is attached for your review. BUDGETARY IMPACT Funds for Change Order No. 8 are available in the Capital Program. CHANGE MILTON BELL ASSOCIATES, Inc. ORDER 595 Orleans, Suite 711 Distribution to. Beaumont, Texas 77701 Owner [Xl contractor 1Xl Tel: 409/838-5378 Fax: 409/838-5017 Architect 1XI Field 0 Consultants 11 Other 0 PROJECT: CONSOLIDATED DISPATCH/EOC CHANGE ORDER NO: EIGHT(8) (Name,Address) MUNICIPAL COURTS BUILDING BEAUMONT,TEXAS 77701 INITIATION DATE: 11 JAN 2008 TO(Contractor): N&T CONSTRUCTION ARCHITECT'S PROJ.NO: 0501 1376 LAUREL AVE. BEAUMONT,TEXAS 77701 CONTRACT FOR: GENERAL CONSTRUCTION CONTRACT DATE: APRIL 6,2007 You are directed to make the following changes in this Contract: The following Change shall be added to the Original Contract Sum: 1. Add electrical,telephone,TV and data receptacles,floor boxes,and stub-ups, all as noted in Galewsky/Johnston letter of October 25, 2007. This change is pursuant to Field Order#6, dated October 25,2007. Omit requirement for 81 additional phone lines(per SKE-9). ADD $ 15,651.90 2. Omit shelving included in Change Order#4,Item 3,providing changes to Room#214,due to originally furred space containing concealed piping making it not available for shelving. DEDUCT ($ 950.00) 3. Add carpet floor finish to Room#230 ADD $ 825.00 Net Change ADD: $ 15,526.90 Not Valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum)(n,." eate d N ) was..........................................$2,426,320.00 k.G t o H Net change by previously authorized Change Orders.......................................................$ 44,156.00 '! The (Contract Sum)(C�ermat ,rl*� a Z ��) prior to this Change Order was.................... $2,470,476.00 s r The (Contract Sum)( ) will be (increased)(decreased)(uxs}anged) by this Change Order....................................................................................... ........$" 15,526.90 The new (Contract Sum)(G """"°"a* ' ') including this n Change Order will be......$2,486,002.90 • The Contract Time will be(ineFeasqd)(dew)(unchanged) by (—)Days. The Date of Substantial Completion as of the date of this Change Order therefore is FEBRUARY 24,2008 I r T_X d0 Authorized: Milton Bell Associates Inc. N&T Construction The City of Beaumont CONTRACTOR OWNER 595 Orleans, Suite 711 1376 Laurel Avenue P.O. Box 3827 Address Address Beaumont TX 77701 Beaumont TX 77701 Beaumont, TX 77704 BY r BY v BY DATE I I JAn/ �4 n O O e DAB DATE RESOLUTION NO. WHEREAS, on April 3, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-098 awarding a contract in the amount of$2,434,000 to N & T Construction Company, Beaumont, Texas, for the construction of the Consolidated Dispatch and Emergency Operations Center; and, WHEREAS, Change Order No. 1 resulted in a deduction of$7,680 due to a discount offered by the elevator contractor, thereby decreasing the contract amount to$2,426,320; and, WHEREAS, Change Order No. 2 to provide for various interior renovations in the amount of $24,321 was subtracted from the $71,000 Contingency Allowance thereby leaving a balance of $46,679 and resulted in no change to the total contract amount of $2,426,320; and, WHEREAS, Change No. 3 to provide for furnishing and installing electrical wiring to accommodate the additional requirements for the Fire Alarm System as required by the City of Beaumont Fire Marshall in the amount of$15,640.50, said amount to be deducted from the $46,679 balance of the Contingency Allowance thereby decreasing the balance to $31,038.50 and resulting in no change to the total contract amount of$2,426,320; and, WHEREAS, Change No. 4 in the amount of$13,427, said amount to be deducted from the $31,038.50 balance of the Contingency Allowance thereby decreasing the balance to $17,611.50 and resulting in no change to the total contract amount of $2,426,320, to furnish and install additional windows in the south interior wall surrounding the dispatch center, add a wall and door to create an office for the Emergency Management Coordinator, and to provide an overage for the elevator modifications exceeding the allowance; and, WHEREAS, Change Order Nos. 1, 2, 3 and 4 were approved by Resolution No. 07- 329, October 16, 2007; and, WHEREAS, Change Order Nos. 5, 6 and 7 in the total amount of $60,080 were necessary as shown below: Change Order No. 5 $10,909 Includes additional costs for sheet vinyl flooring in excess of the allowance and deductions from the allowance for carpet and vinyl wall covering. Changes in electrical design were requested by the electrical engineer, Galewsky and Johnson. Change Order No. 6 $5,015 Provides for the installation of plumbing and electrical for a washer and dryer. Change Order No. 7 $44,156 Includes all labor, material, equipment and supplies for removing conduit and piping from the existing rooftop HVAC and re-routing all piping and conduit. Change Order Nos. 5 and 6 were deducted rom the Contingency Allowance thereby resulting in no change to the total contract amount. Change Order No. 7 in the amount of $44,156 increased the contract amount to $2,470,476; and, WHEREAS, Change Order No. 8 is necessary for additional electrical, telephone, TV and data receptacles, and electrical floor boxes in the amount of$15,526.90, thereby increasing the contract amount to $2,486,002.90. 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. 8 in the amount of$15,526.90 thereby increasing the contract to $2,486.002.90. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2008. - Mayor Becky Ames - B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director A"K— MEETING DATE: January 22, 2008 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount for "extra work." RECOMMENDATION Administration recommends approval of increasing the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount by $14,600.00. The proposed changes to the original contract will furnish and install complete in place one(1) additional 30" butterfly valve on the 30" water transmission line inside the tank site and furnish and install one(1) 24" x 30" cast bronze plaque on the tank pedestal. The proposed change order will increase the total contract amount by 0.53%. The total of all of the extra work to date, including this proposed recommendation, will represent 11.11% of the original contract amount. BACKGROUND The City of Beaumont was cited by TCEQ for not having sufficient elevated storage capacity for the number of customers served. The City is required to eliminate the deficiency before August 2008. The proposed improvements will provide the water system with additional elevated storage capacity required to meet State and Federal regulations. In addition, the new elevated tank will increase the water pressure in the area and provide adequate water supply for future development. Previous actions include: Resolution 06-185 in the amount of$2,778,000.00 was passed by City Council on June 14, 2006. Resolution 06-290 for Change Order No.l in the amount of$114,489.00 was passed by City Council on September 26, 2006. Resolution 06-387 for Change Order No.2 in the amount of$147,700.00 was passed by City Council on December 19, 2006. Change order No. 3 in the amount of$9,400 on May 15, 2007. Resolution 07-298 for Change Order No.4 in the amount of$22,400.00 was passed by City 2 MG Elevated Water Tank at Dishman Road Project January 22, 2008 Page 2 of 2 Council on October 2, 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. APPROVAL OF CONTRACT CHANGE Change Order No.5 Date:December 17,2007 Project: City of Beaumont,Texas Proposed 2 MG Elevated Water Tank At Dishman Road Owner: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 Contractor: Landmark Structures 1665 Harmon Road Fort Worth,Texas 76177 To the Owner: Approval of the following contract change is requested. Reason for Change: To furnish and install complete in place one(1)additional 30" butterfly valve on the 30"water transmission line inside the tank site.To furnish and install one(1)24"x 30"cast bronze plaque on the tank pedestal. ORIGINAL CONTRACT AMOUNT: $2,778,000.00 THIS CHANGE ORDER: Description Net Change Furnish and install complete in place one(1)additional 30"butterfly valve $12,200.00 on the 30"water transmission line inside the tank site. Furnish and install one (1) 24" x 30" cast bronze plaque on the tank $2,400.00 pedestal. TOTAL AMOUNT OF THIS CHANGE ORDER: $14,600.00 TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: $293,989.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $3,086,589.00 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: i r Schaumburg&Polk,Inc. City of Beaumont Landt ark Structures Enginper Owner Contractor Date: /`f ii,' Date: Date: I JlS 0 RESOLUTION NO. WHEREAS, on June 14, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-185 awarding a contract in the amount of $2,778,000.00 to Landmark Structures, Fort Worth, Texas, for the Proposed 2 MG Elevated Water Tank at Dishman Road Project; and, WHEREAS, Change Order No. 1,approved by City Council on September 26,2006, increased the contract amount by $114,489.00 for a total contract amount of $2,892,489.00; and. WHEREAS, Change Order No. 2, approved by City Council on December 19, 2006, increased the contract amount by $147,700.00 for a total contract amount of $3,040,189.00; and. WHEREAS, Change Order No. 3, dated May 15, 2007, increased the contract amount by $9,400 for a total contract amount of$3,049,589.00; and. WHEREAS, Change Order No. 4 was required to provide for "extra work" for the installation of additional electrical equipment associated with the construction of the second and third floors, making water and sanitary provisions for the construction of future bathroom facilities on the second and third floors, and replacing the gate valve with a butterfly valve,thereby increasing the contract amount by$22,400.00 which increased the total contract amount to $3,071,989.00; and, WHEREAS, Change Order No. 5 is required to furnish and install complete in place one (1) additional 30" butterfly valve on the 30"water transmission line inside the tank site and furnish and install one (1) 24" x 30" cast bronze plaque on the tank pedestal, thereby increasing the contract amount by $14,600 which increases the total contract amount to $3,086,589. 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. 5 increasing the contract amount by $14,600 for a total contract amount of$3,086,689 for the Proposed 2 MG Elevated Water Tank at the Dishman Road Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2008. - Mayor Becky Ames - i c City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager •�try PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 22, 2008 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Washington Boulevard Park Subdivision. RECOMMENDATION Administration recommends approval of the following: • Parago Circle from existing Washington Boulevard approximately 1450 feet south to the end of the cul-de-sac. Also, recommended for approval are the water and sanitary improvements for Lots 1-3. BACKGROUND The aforementioned improvements in the subdivision passed final inspection by all entities involved on January 9, 2008. BUDGETARY IMPACT None. W ashingtonB 1vdParkSub.wpd 01/16/2008 CORLEY w CARTWRIGHr m 0 z z m N sk; WASHINGTON BOULEVARD cAl�w��0 OOT �0 PROPERTY LOCATION RELOCATEO HILLEBRANDT BAYOU VICINITY MAP N. T.S. RESOLUTION NO. WHEREAS, final inspection of street, storm sewer, water and sanitary sewer improvements constructed in the Washington Boulevard Park Subdivision, was made by the Engineering Division and the Water Utilities Department as follows: Street and Storm Sewer Improvements: • Parago Circle from existing Washington Boulevard approximately 1450 south to the end of the cul-de-sac. Water and Sanitary Sewer Improvements: • Lots 1 - 3 WHEREAS, the developers of said addition desire to have these improvements accepted and maintained by the City; and, WHEREAS,the Directorof Public Works recommendsthat 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 street, storm sewer, water and sanitary improvements in the Washington Boulevard Park Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2008. - Mayor Becky Ames - D City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ,-(Lo PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 22, 2008 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Jehovah Jireh Subdivision. RECOMMENDATION Administration recommends approval of the following: • Rapha Street from existing Sarah Street approximately 380 feet north to the end of the cul-de-sac. • Nissi Street from Sarah Street approximately 380 feet north to the end of the cul-de-sac. Also, recommended for approval are the water and sanitary improvements for Lots 1-22. BACKGROUND The aforementioned improvements in the subdivision passed final inspection by all entities involved on January 16, 2008. BUDGETARYIMPACT None. JehovahhrehSub.wpd 01/16/2008 swm S TE N E LOC TION E .7F - E 96 69 CHD Dftr VICINITY MAP N.T.S. RESOLUTION NO. WHEREAS, final inspection of street, storm sewer, water and sanitary sewer improvements constructed in the Jehovah Jireh Subdivision,was made by the Engineering Division and the Water Utilities Department as follows: Street and Storm Sewer Improvements. • Rapha Street from existing Sarah Street approximately 380 feet north to the end of thecul-de-sac. • Nissi Street from Sarah Street approximately 380 feet north to the end of the cul-de-sac. Water and Sanitary Sewer Improvements: • Lots 1 - 22 WHEREAS, the developers of said addition desire to have these improvements accepted and maintained by the City; and, WHEREAS,the Director of Public Works recommends 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 street, storm sewer, water and sanitary improvements in the Jehovah Jireh Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2008. - Mayor Becky Ames - �r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 22, 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 a one year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant 2. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program 3. Consider amending Section 21-75 of the Code of Ordinances increasing the total number of Grade II(Sergeants)positions in the Beaumont Police Department by one 4. Consider authorizing the settlement of the lawsuit of Erik Kvarme v. The City of Beaumont, et al WORKSESSION * Review and discuss a request from Quantum Geophysical, Inc. for a seismic testing permit which includes the use of vibratory trucks on City streets 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 Claim of Jennifer Leday A/N/F of Jonah Jagneaux, a Minor World Wide Street Preachers'Fellowship, et al vs. Becky Ames, et al * 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 istrates 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 22, 2008 Consider approving a one year renewal contract with Caroly C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant I 12 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: January 22, 2008 REQUESTED ACTION: Council consider a one-year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant. RECOMMENDATION The Administration recommends approval of a one-year renewal contract with Carolyn C. Chaney & Associates, Inc. in the amount of$59,697, which is a six percent increase from the previous contract amount. The contract will also include a maximum of$4,000 for reimbursable expenses. The new contract will be effective January 1, 2008. BACKGROUND: On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Ms. Chaney, as the City Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. A letter from Mrs. Chaney and the proposed contract are attached for your review. BUDGETARY IMPACT Funds are budgeted for this expenditure in the FY2008 Budget, RECOMMENDED BY City Manager. CAROLYN coo C H[AN ELY & As SOOIAT ES, INC. LOCAI. GOVERNMENT CONSULTANTS January 2, 2008 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: PIPS: considci ais a 0—mnal Lcquest for a tweive month renewal of the contract between the City and Carolyn C. Chaney&Associates, Inc., for federal lobbying and information services. We are proposing a six percent increase in our level of compensation, which would represent our first increase in three years. Given the current budget climate in Washington, we were pleased that Congress approved $190,000 for the City's Downtown Improvement Program and both Senator Hutchison and Congressman Poe have been supporters of that program for several years now. Another highlight was the passage of an energy bill that creates a new block grant program to fund local energy efficiency projects, the first new program that authorizes direct funding to local governments in several years. We had a very productive trip to the City in October, and believe that there are several ongoing projects in the City that maybe of interest to Congress next year. In addition to those specific projects, we will also continue to promote initiatives that benefit Beaumont such as the Community Development Block Grant, public safety grants, highway and transit programs, and the proposed affordable housing trust fund. As always, it is a pleasure to serve the City of Beaumont and we are grateful for the support and guidance of you, your fine staff, and the Mavor and City Council. We hope to continue that relationship, and are available for any questions you may have about our services. Sincerely, et-L Carolyn C. Chaney Washington Assistant 1212 NEW YORK AVENUE,NW • SUITE 250 • WASHINGTON,DC 20005-3953 TELEPHONE 202/842-4930 • FAx 202/842-5051 www.capitaledge.com AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND CAROLYN C. CHANEY & ASSOCIATES, INC. 1212 NEW YORK AVENUE, NW - SUITE 250 WASHINGTON, D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Carolyn C. Chaney & Associates, Inc. (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. 1. Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff, office space, utilities, furnishings, and equipment, common-use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont, Texas; C. As Washington Assistant the Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City on her own initiative of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. U. Obligations of the City of Beaumont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments, Council agenda and proceedings, newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for (1) all travel expenses incurred pursuant to Paragraph I, Subparagraphs D and G; (2) expenses for attendance at any other meetings attended by the Washington Assistant outside Washington, DC, at the request of the City; E. To reimburse the Consultant for other expenses which are incurred within Washington, DC on behalf of the City in carrying out the provisions of this Agreement and as approved by the City Manager subject to the provisions of Paragraph IV; F. To bear long distance telephone, photocopying, executive expenses and postage expenses. 111. The City of Beaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement: A. The Consultant: 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. IV. Compensation The cost of service will be $59,697.00 for twelve months, payable in advance, in equal monthly installments of $4,974.75 commencing on the first day of January, 2008. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph ll, Subparagraphs D, E, and F. V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE Carolyn C. Chaney, Washington Assistant Kyle Hayes, City Manager CITY OF BEAUMONT 'R4*4- � 2008 FEDERAL PRIORITIES Part I — Appropriations Requests e Beaumont Downtown Improvement Program In recent years, the City of Beaumont has entered into successful public-private partnerships that have resulted in successful redevelopment in downtown Beaumont along Crockett, Pearl, and Orleans Streets. The redevelopment has included the renovations of buildings for commercial use, updated parking facilities for visitors, and a rehabilitation of the Hotel Beaumont into housing for low and moderate income seniors. Key to the appeal and success of these areas in attracting visitors was the installation of brick-paved sidewalks and decorative lighting. To build on this success, the City has developed a comprehensive Downtown Improvement Program with a goal to encourage redevelopment and enhance the visual appeal of the area. The program includes the replacement of the existing sidewalks with brick pavers and the installation of new decorative street lighting to approximately 40 blocks of the downtown area. Federal Request: $1.5 million in FY 2009 Department of Housing and Urban Development appropriations through the Economic Development Initiative (EDI). • Bus Shelter Installation Understanding that not all residents have access to a car while also being cognizant of air quality concerns, the City of Beaumont is committed to providing accessible transportation alternatives. The City believes that making it easier to use the City's bus system, Beaumont Municipal Transit, is an effective way to meet that goal, and in that regard, would like to install additional bus shelters along existing routes. The City receives 66 inches of rain annually, so the shelters would provide significant benefits for riders as well as encouraging potential riders that have previously been reluctant to use public transit because of inclement conditions. Federal Request: $200,000 in FY 2009 Department of Transportation appropriations through the Bus and Bus Facilities account. • Public Health Department Building The City of Beaumont Public Health Department provides a variety of vital services to services to the community, including Emergency Medical Services (EMS), the Women, Infants, and Children (WIC) nutrition program, HIV counseling and testing, animal control, code enforcement, as well as clinics for immunizations, children's health care, sexually transmitted diseases, and tuberculosis. However, because of space constraints the department is currently residing in five locations throughout the City. The City is seeking federal assistance with a consolidation of its health facilities into one building that would ultimately result in an overall cost-savings in the long-term while improving the efficiency of the delivery of services. Federal Request: $2.5 million in FY 2009 Department of Health and Human Services appropriations through the Healthcare Related Facilities account. • School Sidewalk Program In order to improve pedestrian safety and encourage more students to walk to and from school, the City of Beaumont is implementing the School Sidewalk Program. The program is designed to identify locations where installation of sidewalks near schools would increase access to the facilities for neighborhood children and will work in concert with the federal Safe Routes to School Program administered by the Texas Department of Transportation. Federal Request: $1 million in FY 2009 Department of Transportation appropriations. • Beaumont Sewer Line Rehabilitation Like many communities, the City of Beaumont ° s sewer system is aging and in a state of disrepair. Current estimates are that 60 percent of the City Es s 750 miles of sewer lines are in need of rehabilitation. In order to prevent the situation from becoming a public health hazard, the City has committed approximately $115 million for rehabilitation over the last several years. In addition, while the City has created an in-house team to make many of the repairs at a considerable cost savings from contractors, repairs still cost $200,000 per mile and there are many more miles to go. Federal assistance for this endeavor will assist in easing a heavy burden on Beaumont ratepayers in making these necessary repairs. Federal Request: $1 million in FY 2009 Environmental Protection Agency appropriations through the State and Tribal Assistance Grant(STAG)program. • Police Department Property Building In addition to paying for storage at a non-City facility off site, the Beaumont Police Department is currently operating and maintaining two locations for the storage of property and evidence from crimes. With those sites approaching capacity, the City is in the process of purchasing and rehabilitating a building that would house all property, evidence, and files at a central location. The result would improve the efficiency of the Department's Property Office and provide long-term savings by eliminating the need for rented space. Federal Request: $1.2 million in FY 2009 Department of Justice appropriations through the Byrne discretionary account. • Riverfront Park Bank Stabilization Riverfront Park in downtown Beaumont stretches along the Neches River past the Museum District, the Beaumont Civic Center, Beaumont City Hall, up to the Port of Beaumont. While the park has been an asset to the community for many years, its importance has grown significantly in recent years as it becomes a vital piece of the City's downtown revitalization efforts. Due to river currents, several sections of the park are experiencing erosion, with the most significant occurring in the northern section, and as a result, the City is seeking federal assistance with a project to provide bank stabilization along the length of the park. Federal Request: $1.75 million in FY 2009 Department of Agriculture appropriations through the National Resources Conservation Service account. CITY OF BEAUMONT 2008 FEDERAL PRIORITIES Part II — Legislative Items Preserve and Enhance Federal Assistance to Local Governments The City of Beaumont is interested in protecting and enhancing existing funding and authorities that impact revenues to the City. We hope to seek opportunities to utilize federal resources when it is appropriate and consistent with our local priorities. Oppose Preemption of Local Authority Cities such as Beaumont are created voluntarily by the residents of the community to provide local self-governance. Beaumont in general would be concerned with most Federal proposals that would result in unfunded mandates or preempt the ability of local governments to enforce policies, provide services, or protect assets traditionally handled on the local level. Housing and Community Development The City is strongly supportive of increased funding for Community Development Block Grant (CDBG) formula grants. CDBG and other successful HUD programs such as the HOME Investments Partnership and the Continuum of Care for the Homeless are an integral part of our efforts to revitalize neighborhoods and provide services to our low- and moderate-income residents. Beaumont's annual allocations for these programs traditionally fall far short of community needs (our annual CDBG allocation has fallen by $613,000, or 25% since FY 2001), and as a result, we turn away or delay many deserving local projects. These requests are expected to grow significantly as the City addresses the housing crisis left by Hurricane Rita Also, the City supports the creation of an affordable housing program which sets aside funding for low income housing as part of legislation to reform federal Government Sponsored Enterprises. Telecommunications The City strongly opposes attempts, through Federal regulation as well as legislation, to erode traditional State and local authority over public rights-of-way, including the ability to impose fair and reasonable compensation for its use and maintenance. While the City encourages competition, telecommunication providers wishing to enter the market should be subject to the same local rules and regulations as incumbent providers, as well as those of other businesses. Finance and Taxation In general, the City is concerned that the federal government has attempted to impose itself into the area of local taxation, a matter traditionally handled on the local level. Local officials are better suited than the federal government to understand the needs of the community, and should have all the tools necessary to ensure the safety and health of the public while properly maintaining the public's largest investment, its infrastructure. For example, the City opposes a proposal that would impose a three-year moratorium on new state and local taxation of wireless services, as well as a permanent extension of the moratorium on state and local taxation on Internet access fees. The City also has concerns about legislation that would have severely limited the ability of local governments to impose business activity taxes. The City is also supportive of efforts to repeal a provision in the 2005 Tax Increase Prevention and Reconciliation Act (HR 4297)that will require state and local governments (and not private entities) that spend more than $100 million annually on goods and services to withhold from vendors a three percent federal tax beginning in 2011. In addition to the administrative burdens of this unfunded federal mandate, the provision will ultimately result in increased costs of goods and services to local governments as vendors raise their rates to make up for the tax. The City hopes that Congress will consider legislation that would allow states and local governments to collect sales taxes from remote sales such as online and catalog purchases in the same manner that such fees are collected from "Main Street" merchants. The City also supports an extension of provisions allowing residents of states without a state income tax to deduct sales taxes from their federal returns. Energy Efficiency Support full funding in FY 2009 for the Energy Efficiency and Conservation Block Grant Program. This new program, authorized at $2 billion per year through FY 2012, will provide formula funding to states and local governments for the design and implementation of energy efficiency programs. The City has committed significant resources to these activities in recent years and welcomes a federal contribution to this effort. Eminent Domain and Land Use The City urges Congress to proceed with caution in attempts to respond to the 2005 Supreme Court decision Kelo v. New London, which upheld the ability of local governments to use eminent domain for economic development purposes. Legislation to deny federal funds to communities that use condemnation for economic development purposes without clear definitions may have unintended consequences on local government ability to improve neighborhoods, enhance job creation, and provide affordable housing. Given the widely differing conditions that exist in communities throughout the country, the issue is best addressed on the state and local level, rather than through uniform federal prohibitions. The City also opposes legislation that would allow property owners to challenge a state or local land use decision in federal court if their first appeal of the decision is rejected through the local process. The measure would usurp local authority over land use matters, would place land-use issues in federal courts ill-equipped to handle such cases, and would likely only benefit those with the resources to undertake such costly litigation. Public Safety While federal resources with regard to homeland security are welcomed and appreciated, provision of such funds should not come at the expense of federal programs that assist cities with overall crime concerns. We believe that it is in the best interest of the federal government to recognize and assist all aspects of the criminal justice system, including: incarceration, prosecution, social services, and technology upgrades in addition to reduction of methamphetamine use and criminal street gangs. The City supports the creation of flexible block grants that would allow local governments to focus resources in areas they feel are of the greatest need each year. The City also strongly supports full funding for the Firefighter Assistance Grant program and SAFER Firefighter Hiring Program at the Department of Homeland Security(DHS). Parks and Recreation Maintaining and enhancing the City's parks system is a high priority for Beaumont residents, and the City Council has committed significant resources to offering safe and accessible recreational opportunities. Although federal assistance in these areas is declining sharply, the City believes there is a federal role for assisting in local recreation, conservation, and preservation programs and urges Congress to restore funding for important programs such as the Land and Water Conservation Fund (LWCF). While Congress originally intended for $900 million annually in offshore drilling revenues to be directed to the LWCF, the program receives only a small fraction of that amount each year, and LWCF state formula grants remain on the brink of elimination. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, - � y, t� execute a one-year renewal contract effective January 1, 2008, in the amount of$59,697 with an additional maximum of$4,000 for reimbursable expenses, with Carolyn C. Chaney&Associates, Inc. to act as the City of Beaumont's Washington Assistant PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2008. - Mayor Becky Ames - 2 January 22,2008 Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 22, 2008 REQUESTED ACTION: Council consider the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program. RECOMMENDATION Administration recommends authorization for the purchase of vehicles through the State of Texas Cooperative Purchasing Program in the amount of$156,697.13. BACKGROUND The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, county, school district,and municipal agencies within Texas. The Cooperative Purchasing Program is coordinated by the Texas Procurement and Support Services, (TPASS)a division of the Texas Comptroller's Office, in accordance with state bidding statutes. Representatives from TPASS meet with major vehicle manufacturers each year to discuss the model changes and features offered to major fleet consumers for the upcoming year vehicle models. Specifications are developed and published for distribution to governmental consumers and statewide vendors. TPASS solicits bids from vendors throughout the state to furnish pricing on various types of vehicles. Bids are open to any vehicle dealer on the State of Texas Centralized Master Bidders List. Due to the volume of vehicles requested by the State,generous concessions are offered to the dealer from the manufacturers. After bids are evaluated by TPASS,a contracted price list is published indicating the successful vendor for each type of vehicle and the prices of specific optional features. Vehicles are selected from the published list and orders are submitted to TPASS. Vendors generally deliver the vehicles within 90 to 120 days. Five (5)vehicles budgeted in Fiscal Year 2008 are available through the State of Texas Cooperative Purchasing contract as follows: Vehicle Purchases January 22,2008 Page 2 Police CID Chevrolet Tahoe 1 $30,166.23 $30,166.23 Fire Suppression Chevrolet Suburban 1 $33,099.22 $33,099.22 Public EMS Chevrolet Tahoe 2 $30,166.23 $60,332.46 Health EMS Chevrolet Suburban 1 $33,099.22 $33,099.22 TOTAL: $156,697.13 Replacement vehicles and additions to the fleet are requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the equipment to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. Three(3)of the five(5)vehicles to be purchased are replacement vehicles. The units will replace year models ranging from 1995 to 1999. The age and mileage of the older sport utility vehicles render them unfit for continued services. The vehicles will be disposed of according to the City's surplus property disposal policies. The two (2)additions to the fleet are sport utility vehicles for use by EMS as first response vehicles. Warranties of 36,000 miles or three (3)years are provided for each new vehicle. The warranty service is provided by local authorized dealerships. BUDGETARY IMPACT Funding is budgeted in the Capital Reserve Fund. 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 approve the purchase of five (5) vehicles in the amount of $156,697.13 through the State of Texas Cooperative Purchasing Program as shown below: Dept. Division Description tf :, "M nit prise Total iris Police CID Chevrolet Tahoe 1 $30,166.23 $30,166.23 Fire Suppression Chevrolet Suburban 1 $33,099.22 $33,099.22 Public EMS Chevrolet Tahoe 2 $30,166.23 $60,332.46 Health EMS Chevrolet Suburban 1 $33,099.22 $33,099.22 TOTAL: $156,697.13 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2008. - Mayor Becky Ames - 3 January 22, 2008 Consider amending Section 21-75 of the Code of Ordinances increasing the total number of Grade II (Sergeants) positions in the Beaumont Police Department by one ....,, City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: January 22, 2008 REQUESTED ACTION: Council consider amending Section 21-75 of the Code of Ordinances increasing the total number of Grade II (Sergeants) positions in the Beaumont Police Department by one. RECOMMENDATION The administration recommends amending Section 21-75 of the Code of Ordinances by increasing Grade II Sergeant positions from 40 to 41. BACKGROUND In order to settle the lawsuit styled Erik Kvarme v. City of Beaumont, et al, Administration recommends increasing the number of Grade II Sergeants positions by one from 40 to 41. BUDGETARYIMPACT There are sufficient funds in the General Fund Police Budget to pay for this promotion. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FY2008 BUDGET AND SECTION 21-75 OF THE CODE OF ORDINANCES TO INCREASE THE NUMBER OF GRADE II SERGEANT POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM 40 TO 41; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. THAT the FY2008 budget and Chapter 21, Section 21-75 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to increase the number of Grade II Sergeant positions in the Beaumont Police Department from 40 to 41. Section 2. That if any section, subsection, sentence, clause or 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. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2008. - Mayor Becky Ames - 4 January 22,2008 Consider authorizing the settlement of the lawsuit of Erik Kvarme v. The City of Beaumont, et al UjoCit y of Beaumont Council Agenda Item � K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyree E. Cooper, City Attorney MEETING DATE: January 22, 2008 AGENDA MEMO DATE: January 17, 2008 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of Erik Kvarme v. The City of Beaumont, et al. RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit of Erik Kvarme v.The City of Beaumont, et al. providing for the promotion of Erik Kvarme to the rank of Sergeant with an effective seniority date of January 1, 2008 and without back pay of any kind. BACKGROUND Council discussed this lawsuit in an Executive Session held on January 15, 2008. BUDGETARYIMPACT There are sufficient funds in the General Fund Police Budget to pay for this promotion. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS, the lawsuit of Erik Kvarme v. The Cif of Beaumont, has been discussed in an Executive Session properly called and held Tuesday, January 15, 2008; and WHEREAS, the Council desires to authorize the settlement of the lawsuit; 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 lawsuit to provide for the promotion of an a Grade I Officer to the rank of Sergeant. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2008. - Mayor Beck Ames - Y Y WORKSESSION *Review and discuss a request from Quantum Geophysical, Inc. for a seismic testing permit which includes the use of vibratory trucks on City streets CITY OF BEAUMONT ail COMMUNITY DEVELOPMENT INTEROFFICE MEMORANDUM January 15, 2008 TO: Kyle Hayes, City Manager Gs � FROM: Chris Boone, Community Development Director SUBJECT: Seismic Testing Permit COMMENT: Attached is a letter from Quantum Geophysical, Inc. requesting a seismic testing permit. The request includes the use of vibratory trucks on City streets. As you recall during the most recent Council Workshop, the question of the use of these trucks remains unresolved. Quantum has offered to conduct a demonstration of the vibratory trucks in the City Hall parking lot. Also, I have forwarded the application, including a map of the streets that Quantum is asking to use the vibe trucks on, to Public Works for their review. Even if the Council were to approve use of these trucks, Public Works will need to dictate which streets could sustain these vibrations and which streets should be avoided. 1 � 1 uantum Geophysical, Inc. a Subsidiary of Geokinetics Inc. January 14, 2008 Mr. Chris Boone City of Beaumont 801 Main Street, Suite 215 Beaumont, Texas 77704-3827 RE: Proposed Vibe Demonstration For The Beaumont City Council Workshop Meeting Dear Mr. Boone: Quantum Geophysical, Inc. would like to perform a Vibe Truck Demonstration on the parking lot located at City Hall during a city council workshop to demonstrate proposed urban seismic vibe operations to be used inside the City of Beaumont. We will have a third party seismology technician on site to monitor this vibe demonstration and to ensure we do not exceed a peak particle velocity greater than 0.5 inches per second. Vibrotech monitoring technicians will be available to answer any questions regarding the demonstration and/or monitoring operations. This vibe demonstration will give the Mayor, City Attorney, City Manager, Council Members and other City Officials the opportunity to witness urban vibratory operations up close and in person. Quantum Geophysical, Inc. has provided and shall have in force with the City a performance bond in the principal amount of$100,000. Quantum Geophysical, Inc. would greatly appreciate the opportunity to provide this demonstration for the City of Beaumont City Officials and feels this demonstration will answer many questions anyone may have regarding urban seismic vibe operations. Please do not hesitate to call 281-300-2666 should you or any City Official require additional information. Best Regards, Royce Hammer Project Manager ONE RIVERWAY • SUITE 2100 • HOUSTON,TEXAS 77056 PhnnP•(711)RS(1_9799 . FaY-011l kl;n-77RI