HomeMy WebLinkAboutPACKET DEC 20 2011 Alex WITS OPPOW1911ITT
KAWW
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 20,2011 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—December 13,2011
* Confirmation of committee appointments
A) Approve Change Order No. 5 for work at the Downtown Event Centre Complex
B) Authorize a six month extension to the Texas National Guard Armory Board(Guard)
lease for the property located at 3040 College Street
A
SICK WITS OPPORTUNITY
B`EAU
T a 0 : • A • 9 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
QQ0•
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: December 20, 2011
REQUESTED ACTION: Council consider the approval of Change Order No. 5 for
work at the Downtown Event Centre Complex.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
A contract in the amount of$8,126,000 was awarded to C. F. Jordan Construction of Houston
for the construction of the new Downtown Event Centre Complex in April 2010.
Change Order No. 5 in the amount of$13,009 includes costs associated with metal fascia framing
and additional electrical outlets in the catering area. The framing material was requested after the
contractor questioned the attachment of the light gauge framing design on the north side of the
canopy. The architect, Studio Red, agreed that the fivming connection should be considered
extra work and approved C. F. Jordan's request.
The electrical outlets were requested by City staff. Initial plans indicated that dedicated circuits
for a refrigerator and for large catering warming carts should be installed in the catering area.
During the design process, the information was not provided to the electrical engineer and the
outlets were not shown on the plans. The omitted outlets were discovered during construction
and a price for installation was requested. The total cost to add the outlets is$11,474.
Previously approved change orders include Change Order No. 1 in the amount of$60,101 for
unforseen casing and concrete work, Change Order No. 2 in the amount of$56,647 for
excavation of fill material, Change Order No. 3 in the amount of$2,031 for relocating mechanical
shut off valves, and Change Order No. 4 for a credit in the amount of$7,850 for a material
substitution. The above referenced change orders have increased the contract to$8,236,929.
Change Order No. 5 will increase the contract to $8,249,938.
Chsnge Order No. 5-Event Centre
December 20, 2011
Page 2
This change order does not include any additional time for the completion of the work.
A copy of the change order is attached for your review.
BUDGETARY EWPACT
Funds for this change order are available in the Capital Program.
SAIA Dwunwnt GT 1 w' - 2001
Change Order
Me"T(1Veme and aA*%asa): ct1AME ova Ni t:nos OWNER:❑
The Event Ceder,Lawn and Iabe DATE:December 2,2011 ARCHITECT:❑
CONTRACTOR:❑
m cam(Name and address): ARofTEcre pRoza NIlm cma701.B FIELD:❑
CF Jorda Construction CONTRACT OATS:5)112010
9801 Wasibo er,Suite 320 CONTRACT FaR:General Construction OTHER:
Houston;TX 77042-3979
THE CONTMW 19 CIMINM At FOLLOWS:
(thclade,whm cppfka*,any ova#sptued amamt attrikMble to prrvfowly ezwuted Coruom ion Change Directives)
3x3x4 gap beat phft angle per attached CIOD 35(attached).....................................................ADD 51,535.00
Additional electrical outlets,a the Kitchen as uxbcdod an ASI 020 per CLOD 40(mached).................ADD 811,474.00
Total:$13,009.00
The origin d Caatrad Sour was S 8,126j000.00
The ad 4mige by previously miaboriaed Change Orders S 110,929.00
The Contact S"pow to 60 Change Oder was $ 8,236,929.00
The CaetraatSon wid to,utereand by his Chimp Order a the amount of S 13,009.00
The new Contract Sum including this Change Order will be S 8,249,938.00
The Contract Time will be increased by zero(0)days.
The date ofSabstaslial Completion as of the date of this Change Order therefore is June 25,2011
NOTE;ThasChap Order does" relit changes in the Contract Sow Contract Time or t3tr maked Monatun Price which have
bees soilwind by Cossamc ion Chafe Urachve until the coat and lime have boa agreed upon by both the Owner and
CCmtrac$or,in��which case a Change Order is executed to supersede the�Cpon■struuction�Change Directive.
NOT VALD lr���.. BY TM ARCHTECT, CONTRACTOR AND OWNER.
SWA Caw CF Jordan Co ubuction LI.0 Citypt Beimmont
AFDWFBCT(Ff name) (Firm name) (Finn name)
1245 West le Street 9801 Westheimer,Suite 320 801 Main Street 200
ft!!M 77008 Houst TX 77042-3978 Beawnon TX 77701
SS
BY g ) BY 04ma") BY 04M MM)
(l yped nawar) (Typed name) (Typed name)
DATE DATE DATE
AtA DoeuawM O M-—101.CapyrW 01979,1967,2DCO and 2WI by The Amwioan hatred*of I1mhhKIL Alt d81Ms taanMM.WA811N0:Ttds AtA°
Document k probated by u.tt.Copyrt M Low and trrlanatloaN Traedw tlnw0wrind reproduction or I -I noon of thk Ale Document,or any T
portion of M,may nsldt rn seven dvM and am nent pa 1111 ,and wit!be proseerNed to do Iron nun exlent possbk under Mee kw.This document was
produced by AIA sdbvare at 13:26:14 on 12102/2011 under Order No.5965394158 1 which expires on 01/162012,and is not for resale.
tisar Ndes: (1432831351)
RESOLUTION NO.
WHEREAS,on April 20,2010,the City Council of the City of Beaumont,Texas,passed
Resolution No. 10-100 awarding a contract in the amount of $8,126,000 to C. F. Jordan
Construction, L.L.C., of Houston, Texas, for Alternates 1, 2, 3, 4, 5, 6 and 8 for the
construction of the Event Center, Lake and Lawn in downtown Beaumont; and
WHEREAS, on December 14, 2010, the City Council of the City of Beaumont, Texas
passed Resolution No. 10-326 for Change Order No. 1 in the amount of $60,101 that
included costs associated with the unforseen casing and concrete work, additional
excavation and rough grading beyond the original scope of work, substitution of aluminum
composite exterior building panels, thereby increasing the contract amount to $8,186,101
and extending the completion time by twenty-eight (28) days;
WHEREAS, on May 3, 2011, the City Council of the City of Beaumont, Texas passed
Resolution No. 11-138 for Change Order No.2 in the amount of$56,647 for additional costs
incurred by the contractor,C.F.Jordan Construction, L.L.C.,for the excavation and removal
of fill material, thereby increasing the contract amount to $8,242,748;
WHEREAS, on June 20, 2011, Change Order No. 3 in the amount of$2,031.00 was
executed to extend piping and locate isolation valves for accessibility,thereby increasing the
contract amount to $8,244,779 ; and,
WHEREAS, on August 17, 2011, Change Order No. 4 in the amount of($7,850.00)
was executed for the use of alternate materials,thereby decreasing the contract amount to
$8,236,929; and,
WHEREAS, Change Order No. 5 in the amount of$13,009 is necessary for additional
framing material and electrical outlets, thereby increasing the contract amount to
$8,249,938;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to execute Change Order No.
5 for additional work described above, thereby increasing the contract amount by$13,009
for a total contract amount of$8,249,938.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
December, 2011.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEA,Umo NI *
T - Z - X • A • s City Council A on a Item
TO: City Council
FROM: Kyle Hayes, City Manager y�
PREPARED BY: Laura Clark, Chief Financial Officer t/ -
MEETING DATE: December 20, 2011
REQUESTED ACTION: Council consider authorizing a six (6) month extension to
the Texas National Guard Armory Board (Guard) lease for
the property located at 3040 College Street.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
On November 15, 2011 Council approved the Release of Lease effective December 31, 2011, for
the lease of property at 3040 College Street to the Adjutant General's Department of the State of
Texas. While preparing to vacate the building the Guard realized a firing range existed, which
needs to be remediated before returning the building to the City. The Guard is requesting a six
(6) month extension to the lease to provide ample time for the remediation process. The
extension would begin January 1, 2012 and end June 30, 2012. At that time the Guard would
relinquish the building to the City of Beaumont.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, on November 15, 1984 the City of Beaumont, State of Texas (Lessor),
did lease to the Texas National Guard Armory Board (Lessee), a body politic and corporate,
a tract or parcel of land situated in the City of Beaumont, Jefferson County, Texas 2.5 acres,
more or less,and located at 3040 College Street in Beaumont,Jefferson County,Texas;and,
WHEREAS, said lease granted to Lessee the exclusive use of the property and was for
a term ending November 15, 2011; and,
WHEREAS, on November 15, 2011, the City Council passed Resolution No. 11-322
accepting the release of property held by the Texas National Guard Armory Board/Texas
Military Facilities Commission under lease from the City of Beaumont and authorizing the
City Manager to execute a Release of Lease with Texas National Guard Armory Board for
subject property; and,
WHEREAS, the Texas National Guard Armory Board/Texas Military Facilities
Commission has requested a six (6) month extension to the lease to allow for remediation
of an existing firing range prior to returning the facility to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a six (6) month
renewal and extension with the Texas National Guard Armory Board/Texas Military
Facilities Commission to extend the lease beginning January 1, 2012 and ending June 30,
2012 for a tract or parcel of land situated in the City of Beaumont, Jefferson County,Texas
2.5 acres, more or less, and located at 3040 College Street in Beaumont, Jefferson County,
Texas;
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
December, 2011.
- Mayor Becky Ames -
Ries lilt O T
T + Z • Z A 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 20,2011 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item 1/Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving the purchase of Heating,Ventilating and Air Conditioning
(HVAC) automation controls for use in several city facilities
PUBLIC HEARING
* Receive comments on continuing taxation of goods-in-transit
2. Consider adopting a resolution to tax tangible personal property which in transit
would otherwise be exempt pursuant to the Texas Tax Code 11.253
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
Eugene Wilson
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
December 20,2011
Consider approving the purchase of Heating, Ventilating and Air Conditioning(HVAC)
automation controls for use in several city facilities
WCH WITH OPPORTUNITY
BEAUN, *T • Z • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
p.o
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: December 20, 2011
REQUESTED ACTION: Council consider the purchase of Heating,Ventilating, and
Air Conditioning(HVAC)automation controls.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
On June 16,2009,Council approved the application and acceptance of a grant through the
Energy Efficiency and Conservation Block Grant(EECBG)Program funded by the American
Recovery and Reinvestment Act of 2009. The objective of the EECBG Program is to implement
the most reliable energy technologies for energy efficiency and conservation throughout the
United States.
Beaumont was awarded a grant in the amount of$1,104,200 to be used to install HVAC
automation controls in several City facilities including the Julie Rogers Theatre,Main Library,
Tyrrell Historical Library, Civic Center,Police operating plant, City Hall and to install new
windows in the Julie Rogers Theatre.
Compliance with grant conditions include documentation of energy savings. Due to the age of
the Julie Rogers Theatre, energy reduction from window replacement would not provide
significant and measurable energy savings. Therefore,to maximize energy savings,it was
determined that the installation of HVAC controls in the Police Department's 35,000 sq. ft.
facility would meet the terms and conditions stipulated in this grant. By including this additional
facility in the list of City-owned buildings receiving new controls,the City will now have energy
efficient controls in all of its major urban 30,000+square foot buildings.
The total cost for the purchase and installation of HVAC automation controls in the Police
Department is$199,800. The contractor,Automated Logic United Environmental Services of
Beaumont, is a Texas Multiple Award Schedule(TXMAS) contracted vendor. The TXMAS
Program,established by State of Texas Procurement and Support Services office, adapts existing
competitively awarded federal government contracts to the procurement needs of the State and
Purchase of HVAC Controls
December 20, 2011
Page 2
other government entities within Texas. The contracts meet all state bidding requirements.
Automated Logic will provide all engineering,materials,and labor for a turnkey installation of
controls that will enable the City's existing HVAC equipment to run more efficiently. The new
control system will include an optimized start feature that calculates the start time for each piece
of HVAC equipment so it does not start any earlier than required for the building's occupancy
load. The computerized control system will be monitored by Building Services staff.
BUDGETARYIMPACT
The$199,800 required for the purchase and installation of the HVAC automation controls in the
Police Department is available from the$1,104,200 EECBG grant which requires no matching
funds.
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 and
installation of Heating, Ventilating and Air Conditioning (HVAC) automation controls from
Automated Logic United Environmental Services, of Beaumont, Texas, in the amount of
$199,800 through the Texas Multiple Award Schedule(TXMAS)contract for use in several
City facilities.
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Automated Logic United Environmental Services, of
Beaumont, Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
December, 2011.
- Mayor Becky Ames -
PUB IC HEARING
* Receive comments on continuing
taxation of goods-in-transit
2
December 20,2011
Consider adopting a resolution to tax tangible personal property which in transit would otherwise
be exempt pursuant to the Texas Tax Code 11.253
RICH WITS OPPORTUNITY
BEA,UMON*
T - E e % - A * B City Council Agenda. Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: December 20, 2011
REQUESTED ACTION: City Council, after conducting a public hearing, consider
adopting a resolution to tax tangible personal property
which in transit would otherwise be exempt pursuant to the
Texas Tax Code 11.253.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
On October 2, 2007,by Resolution No. 07-309,the City Council approved the taxation of
tangible personal property in transit in response to Tax Code Section 11.253 which was effective
January 1, 2008, and added an exemption from ad valorem taxation for"goods in transit". The
exemption applied to tangible personal property that was acquired in or imported into Texas,
detained at a location in Texas in which the property owner does not have a direct or indirect
ownership interest, used for assembling, storing,manufacturing,processing, or fabricating
purposes, and transported to another location in Texas or out of state not later than 175 days after
the property was acquired in or imported into Texas.
During the 2011 special session, the legislature acted to significantly limit the applicability of
section 11.253. This exemption now applies only to goods that are stored in a public warehouse
owned by someone other than the owner of the goods. The law no longer exempts goods that are
in a location for assembly, manufacturing,fabrication, or processing, as was the case under the
law passed in 2007. This new law is effective January 1, 2012.
"Goods-in-transit" does not include oil,natural gas,petroleum products,or any types of
equipment to which special inventory taxes apply such as automobiles,mobile homes, heavy
equipment, etc.
In order for the City to continue taxing the goods that are stored in a public warehouse owned by
someone other than the owner of the goods for 2012,the City must hold a public hearing and
adopt a resolution.
Goods-in-Transit
December 20, 2011
Page 2
BUDGETARYIMPACT
The goods in question are currently being taxed based on the 2007 resolution and any new
exemption would reduce tax revenue to the City.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BEAUMONT TO TAX
TANGIBLE PERSONAL PROPERTY GOODS IN TRANSIT
WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO
TEXAS TAX CODE, SECTION 11.253.
WHEREAS, the 81st Texas Legislature in Special Session has enacted Senate Bill
No. 1 amending Tex. Tax Code§11.253 to exempt from taxation certain tangible personal
property held temporarily at a location in this state for assembling, storing, manufacturing,
processing or fabricating purposes (goods-in-transit) which property has been subject to
taxation in the past; and
WHEREAS, Tex. Tax Code §11.2530-1) as added allows the governing body of a
taxing unit, after conducting a public hearing, to provide for the continued taxation of such
goods-in-transit; and
WHEREAS, the City Council of the City of Beaumont, having conducted a public
hearing as required by Section 1-n(d),Article VIII, Texas Constitution, is of the opinion that
it is in the best interest of the City to continue to tax such goods-in-transit;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the goods-in-transit, as defined by Tex. Tax Code 11.253(a)(2), as amended shall
remain subject to taxation by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
December, 2011.
- Mayor Becky Ames -