HomeMy WebLinkAboutPACKET OCT 15 2013 RICH WITH OPPORTL N17Y
i
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 15, 2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—October 1, 2013
* Confirmation of committee appointments
A) Approve a resolution providing for the reimbursement of capital expenditures incurred
prior to finalizing financing
B) Approve a resolution authorizing the acquisition of property for the Avenue A Project
C) Approve a resolution approving a change order to McInnis Construction, Inc. of Silsbee
for the construction of a brick paved sidewalk
D) Approve a resolution approving a change order for revisions to the 3`d floor Municipal
Court and EOC facility renovation project
A
[ I in
111EAIIII�Icl
T • E • X • A S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 15, 2013
REQUESTED ACTION: Council consider approving a resolution providing for the
reimbursement of capital expenditures incurred prior to
finalizing financing.
BACKGROUND
In April 2013, Council approved a lease purchase agreement with SunTrust Financing and Lease
Corp. to fund the Automated Metering Infrastructure and Leak Detection System Project. It has
been a lengthy process to finalize an agreement that met the approval of both the City and
SunTrust. A reimbursement resolution is needed in order for the funds to reimburse the City for
expenditures incurred thus far and in the time before the financing closes.
FUNDING SOURCE
The first payment on the lease will be due in Fiscal Year 2015.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on April 9, 2013, the City Council of the City of Beaumont, Texas
passed Resolution No. 13-083 accepting the bid submitted by SunTrust Equipment
Finance & Leasing Corp., of Towson, Maryland, for a seven (7) year financing agreement
for a fixed interest rate of 1.56% to finance the water meter infrastructure project; and,
WHEREAS, the City and SunTrust Equipment Finance & Leasing Corp. have yet
to complete such agreement, but the City has incurred expenditures that need to be
reimbursed; and,
WHEREAS, City Council is of the opinion that costs incurred prior to the execution
of the SunTrust Equipment Finance & Leasing Corp. financing agreement should be
reimbursed;
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 reimbursement of costs incurred prior to issuance of SunTrust Equipment
Finance & Leasing Corp. is hereby authorized by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
B
r
T . E , x . A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
�O
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 15, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property for the Avenue A Project.
BACKGROUND
As part of the Avenue A Street Improvement Project eleven(11)parcels of land from West
Cardinal Drive to West Virginia Street are being acquired. The owners of parcels 9, 10, 11 & 12
(parcels 1-8 has been omitted) have agreed to convey their property to the City as listed below.
City Council has previously approved the acquisition of parcels 13, 15, 16, 17, 18, & 19.
Parcel #9 0.017 acre situated in J. A. Veatch Survey, Abstract No. 55
Address: 5240 Avenue A
Owner: Caroline Bennett Brown
Appraised Value: $1,000.00
Parcel #10 0.019 acre situated in J. A. Veatch Survey, Abstract No. 55
Address: 5230 Avenue A
Owner: Domingo Gonzales and Hugo Trejo
Appraised Value: $1,150.00
Parcel #11 0.021 acre situated in J. A. Veatch Survey, Abstract No. 55
Address: 5220 Avenue A
Owner: Joseph and Frances Kushner
Appraised Value: $2,600.00
Parcel #12 0.048 acre situated in J. A. Veatch Survey, Abstract No. 55
Address: 1305 West Florida Avenue
Owner: Rose Marie Mazzagatti Murphy and Frances Kushner
Appraised Value: $2,600.00
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of properties
described below and in Exhibits "A," "C," "E° and "G" and shown on Exhibits "B," "D," "F"
and "H," attached hereto, for the Avenue A Street Improvement Project:
Parcel #9 0.017 acre situated in J. A. Veatch Survey, Abstract No. 55
Address: 5240 Avenue A
Owner: Caroline Bennett Brown
Appraised Value: $1,000.00
Parcel #10 0.019 acre situated in J. A. Veatch Survey, Abstract No. 55
Address: 5230 Avenue A
Owner: Domingo Gonzales and Hugo Trejo
Appraised Value: $1,150.00
Parcel #11 0.021 acre situated in J. A. Veatch Survey, Abstract No. 55
Address: 5220 Avenue A
Owner: Joseph and Frances Kushner
Appraised Value: $2,600.00
Parcel #12 0.048 acre situated in J. A. Veatch Survey, Abstract No. 55
Address: 1305 West Florida Avenue
Owner: Rose Marie Mazzagatti Murphy and Frances Kushner
Appraised Value: $2,600.00
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 purchase of the above described properties be, and the same are, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
zkciE
}u/y2009
Revised Date: November'101-1
Sune}m,s GcN Noe Description: Tract 9—K0l7 Acre Tract (773 Sq. Ft')
B£CNOu0U|7 acre tract ofland ou| of and o part o[that Certain Stephen K. Olson called Oj3 ucrcuuct
of(und` more fully described and recorded in Clerk's file No. 2002012322 of tile Official Public Records
of]eOeoon County, Texas. Said 0.017 acre tract being situated in thc].A. Veatch Survcy, Abstract No.
55 and is more particularly described uufollows:
Note:All bearb,X noted herein are r�fnr adm the Slate P/mo Com/zimle Joun �mx�m6
Cc/,/nu/2r/,� NAD8l �\0dion//cex/mud herein u/rsudacc�sm//ccr �, [{� Sm'q'recL
BEGINNING at u 1/2'inch iron rod found for Southeasterly corner of said Olson cu||od 8.53 uccc tract,
same being a Northeasterly corner o[that ce�uin Islamic Society of Triplex, Inc. called 4.2873 acre tract
of land, more fully described and recorded in Clerk's File No. 9515862 of said Official Public Records,
sumc being in tile cxis|in�Southwesterly rioht-of-v/ay line of Avenue^A�`;
IB8NCB South 59 deg. 14 ndn. 07 sec. West along and with the Southeasterly )inc of said Olson coUcd
0.53 acre tract, sunle being the Northwesterly line of said Islamic Society called 42873 acre tract u
distance of |U.l1 feet ioa5/O-inub iron rod with cap stamped ~LBAPEN{3^ set for the Southwesterly
corner of the herein described O.0l7acrotract;
THENCE No/1h ')} deg� 13 min. 15 sec. West ulmn- and with the Southwesterly line of |he herein
described 0.017 acre tract a distance of 74.79 feet to a 5/8-inch lron rod with cap stamped "LEAP ENG"
set for the kToghn/cs{rr|ycnrnorofthe herein described O.0|7 acre tract, same being in tile Northwesterly
line of said Olson called 0.53 acre tract, xu/ne being in the SouLhcasbcdy line of that certain Christina K.
Roberts called 0.I583 acre tract of land, more fully described and recorded in Clerk's File Nn.
2006040220 of said Official Public records, from which a |/Z-inch iron nod found for the Northwesterly
corner of said Olson co!|cd 0.53 acre tract, omoe being the Southwesterly corner of said Roberts called
O.2583 acre tract bears South 59de�. |4min.O7 sec. VVestadis�uccof|396Ofeet;
THENCE North 50 de-. 14 min. 07 w:c. East along and with the Northwesterly line of said Olson called
0.53 acre 'roct, sunno being the Southeasterly line of said Roberts called 8.2583 uor tract u distance of
10.57 hzu to u 5/8'inck iron rod found for u Northeasterly corner of said Johnson cu||cd 0,53 acre tract,
sxnne being the Southeasterly corner of said Roberts called 0.2503 acre 1cuci, sane being, in the
3oo/hwcn|cr/yright'of'xuy line of said Avenue "A^;
THENCE South 30 deg. 52 ndn. 27 sec. Last along and with the Northeasterly line of said Olson called
0.53 uc/c tract, sane hc-io� �bc 3ouU�w�amd9 h-�-uf�way Une of said Avenue "A" u distance of 74.79
feet |o the PLACE OF BEGINNING, containing O.Ul7 acre (773sg, 8')mf land, more mrless,
Page /o//
LEAP Engineering Lcc ssu Fannin St,Suite r/4Beaumont, TX777701 n�(409)e13-1862 nax:(40?)e13-1916
EXHIBIT "A"
0
0
Christina R. Roberts
(Called 0.2583 Acres)
C.F. No. 2DO6040220
O.P.R.J.C.
N 59'14'07"E 10.57' End. 5/8-
Set 5/8" Iron Iron Rod
Rod Marked
'Leap Eng.'
,:5q.
0.0 17 Acres o
773 Sq. Ft. U" �7
End, 1/2-
Caroline Sennett
Iron Rod (Called 0.53 Acres)
C.F. No. 2002012322
O.P.R.J.C.
S 59'14'07"W 10.11'
Wood
Residence
Set 5/8" Iron
Rod Marked
'Leap Eng." P.0.B.
Fnd. 1/2-
Iron Rod
E=
S
0,
e
The Islamic Society of
Triplex, Inc.
(Called 4.2873 Acres)
C.F. No. 9515862
O.P.R.J.C.
Note: All Bearings Shown Hereon
Are Stcte Plane, Texas South Central
Zones. NAD 83: All Distances Shown
Are Surface U.S. Survey Feet.
Revised-02/22/13
905 Orleans Street
Beaumont,Texas 77701
-.7
Tel:(409)813-1862
Fax:(409)81,3-1916
KNEW
CLIENT
City of Beaumont
Legend PROJECT LOCATIO�—
Found Iron Rod Parcel Plat Tract 9 Proposed R.O.W.of Avenue A
Found Iron Pipe Showing a —CITY_ OM
0.017 Acre Tract of Land Beaumont Fj :�J�eMerson
Found Concrete Monument For The Proposed New SITE ADDRESS:Avenue A
L—
40 Set 5/8* Iron Rod Avien,Lie A ROW DATE I IOB NIJMB�R IFIEL11 BOOKI SCALE
Marked "Leap Eng." Texas
(D All rights reseNed.This plot may not be reproduced in whole
EXHIBIT "B" . or in pan without me written winsent of LEAP Engineering LLG.
f,
July 2009
Reti ist r3: I(U I l;'()I
Surveyor's Meld Note Description: Tract 10—0.019 Acre Tract k809 Sq. Ft.)
BEING a (109 acre tract of land out of and a hart of that ccrt,.i n Doniinc;o Go,i:f.ales And Hugo
Trejo called 0.2583 acre tract of land, more fully described wind recorded in Clerk's file. No_
2012013338 of the Official Public Records of Jeff:rson County, TeNas, Said 0.010 acre tract
being sit wed in ti:e .1.A. Veatch Survej Ahstrarct No. 55 and is, more particularly described as
Vit: A11 ltt7";77y It{ il i1C rc;f�i8?;Cet f7 f 1}� r'It"C �Il71� CC c ,;rrc'rc S;
cZir ,) I
Te_x�-rs Sown Ccnowl Zc nq ML) 81 rill rlrstanws room l hcrei,77 are in
LA S. Surin Fem
BEGINNING at a 1/2--inch iron r-od found for a Southeastcrly corner of said Gonzales and Trejo
called 0,2583 acre tract, srrlrze being a Northeasterly corner of that certain Stephen K, Olson
called (153 wre tract of land, more frilly described and recorded in Clerk's File No. 2002012322
of said Official Public: Records, same being in the existing Southwesterly right-o5may line of
Avenue "A,.;
THENCE South 59 der. 14 nnim. 07 sec. West along and with the Somheastedy IN of said
Gonzales and Trejo called 0.25?,3 acre tract, same being the Northwc� sterly line of said Olson
called 0.53 acre tract a distance of 10.57 feet to a 5/8-inch iron rod s--itli cap stamped "LEAP
EN,G" set for the Southm ewes ly corner of the herein described 0.01.9 acre tract, front which a
1/2-inch iron rod found for the SoutliNvesterly corner of said Gonzales and Trejo canned 0.2783
acre tract, sane being the Northmumerly comer of said Olson called 153 acre trait bears South
59 deg=. 1=1 Wn. 07 sec. '4Vest a distance of 139.68 feet;
'THENCE North 31 deg=. 13 min. 15 sec. Vest along and with the Southwesterly line of the
herein described Ohl9 acre tract a distance of 7492 feet to a 51-inch iron rod "it cap Mara ed
"LEAP ENG" set for the Northmnsterly corner of the herein described 0.019 acre tract, same
being in the Norflmestc-rly line of said Gonzales and Trejo called 02583 acre tmct, swne being
in the Southeasterly Me of that certain Joseph Kushner called 0.193 acre tract of land, more fully
descrihed and recorded in Volume 1027, Page 19 of the Deed hecords of Jefferson County,
Texas, from NVAch a 1Mch iron rod_found for the Northwesterly corner of said Gonzales and
Trejo called 0.2583 acre tract bears South 59 deg. 14 min. 07 see Alst a distance of 13932 feet;
THENCE North 59 de_,. 14 rn-iin. 07 scc. East along and wide the N rt1, cstcrly i:ne of said
Gonzales and Trejo called 0.2583 acre tract, same be.in,:� the Southeasterly life of said Kushner
called 0.193 acre tract a distance of 1 1.02 feet to a 5/8-inch iron rod found for a Northeasterly
corner of sai.id Gonzales and Trejo called 0.2583 acre tract, sane being the Southeat5iedy corner
of saki K.u,hner calved (1193 aue tract, `vanic t�eln'? In the lliie of said
Avelioc -?C':
Page Iof2
LEAP Engi eMMg 1_LC 5 nin Sf,Sc ,.e 51,5. 3e:au;mnnt, TX 7 7 M 1 ,01.1.1'09)313-7 62
EXHIBIT "C"
LL
THE."CF Sui1t!1 70 P,ml, 2! L. ElSt !01117 �'A 1,V1l-i L.?° Nl) lhc-asztdl �1.,u f s�iid1
Golf :?:il'_-s :;1111 l rci,-1 l L;Ilod 0,2�S;) ncr tl :Ct, <ll i T-cIn;�-T ifl(' S:)IiI!;'''\'cj1u1t 1.1LIlt-of-\','ay 11 n of
s i1� A c.1.._ A" n dlsLum e of 74 92-) feet to the PLACE OF BEGINNKNIG- ont lining it I � Acre
i
�
l) :q. 1 of 1<ilif, if.M C,1
i�er,r icre i Pro]tission'.l Land Surveyor No. 5808
Page 2 of 2
LS.4P P -:7inoo ,'rj L L 0 550 Far,"'I S. SuJife 5 10, 3eaumnr•, T; i 1 ;"e!' 23) B13.1552
0
Joseph Kushner
(Called 0.193 Acres)
VoL 1027, Pg. 19
D.R.J.C.
N 59'14'07"E 11.02'
Set 15/8* Iron
Rod Marked
leap Eng."
Joseph Kushner 0.019 Acres
alled 0.193 Acres) 809 Sq. Ft.
Vol. 2327, Pg. 101
(IC D.R.J�C.
'5 CS
?a
0
0-
Fnd. 1/2' ""P
Iron Rod .2 Li,
V�
.C?O� S 59'14'07"W 10 57'
0
Wood
Residence
P.O.B.
Set 5/8" Iron Fnd. 1/2"
<1 Rod Marked Iron Rod
'Leap Eng."
10i
RED
011,
C, �9
%
Fnd. 1/2-
Iron Rod Stephen K. Olson
(Called 0.53 Acres)
C.F. No. 2002012322
O.P.R.JX.
Note: AJI Bearings Shown Hereen
Are State Plane, Texas South Central
Zones. NAD 81 All Distances Shown
Are Surface U.S. Survey Feet.
Revised-02/22/13
905 Orleans Street
Beaumont,Texas 77701
Tel:(409)813-1862
S Fax:(409)813-1916
CLIENT
City of Beaumont
Legend PROJECT LOCATION
Found Iron Rod Parcel Plat Tract 10 Proposed R.O.W.of Avenue A
Showing a CITY COUNTY--F—sTATE
Found Iron Pipe 0.019 Acre Tract of Land Beaumont Jefferson
Found Concrete Monument For The Proposed New SITE ADDRES&Avenue A
Set 5/B: Iron Rod Avenue A ROW O�IATE9 NUMBER IFI,11/,
7/200 1 JO
Marked Leap Eng." Texas 002_1008
(0 All rights reseNed.This Plat may not be ",du in*hat,
_.I;dEXHIBIT "D" or in part-thoUt the wnttm consent of Lr _'�: I
zkcie
July 2009
Surveyor's Field Note Description: Tract 11 —O,02lAcre Tract(906 Sq.RC)
BEING a0D2lacre tract of land out of and a part of those certain Joseph Kushner called 0.193 acre tracts
of land, more fully described and recorded buVolume 1027, Page 19 *r Tract l)and Volume 2327,
Page l0l (Kushner Tract 2)ofthe Deed Records nf Jefferson County,Tems. Said 0.021 acre tTact being
situated in the J./\.Veatch Survey, Abstract No. 55 and is more particularly described as follows:
N0/e: All bearing noted herein are referenced to the State Plane Coordinate System, Texas South
Central Zone, 8C4l)83. All distances noted herein are/arfacedistances in U.S. Survey Feet.
BEGINNING uto point for the Southeasterly comer of said Kushner Tract I called O.l93 acre tract, same
being u Northeasterly corner of that certain Cbdedou K. Roberts ooUlcd 0'2583 acre tract of land, more
fully described and recorded iu Clerk's File No. 2006O4022Oof the Official Public Records ofJefferson
County,Texas, same being tu the existing Southwesterly dobt-nf-wuy line m{Avenue `A`;
THENCE South 59 deg. 14 min. 07 sec.IvVest along and with the Southeasterly line of said Kushner Tract
] uul]nd 0.193 acre tract, aumc being the Northwesterly line of said Roberts called 0.2583 acre tract u
distance of 11.02 feet to a 5,18-inch iron rod with cap stamped "LEAP ENG" set for the Southwesterly
comer of the herein described 0.021 uuro tract, ftooz vvbicb a 1/2-incb iron rod found for the
Southwesterly comer of said Koaboez Tract 2 co]]od 0.193 acre tract, mnnzc being the Northwesterly
cnozor of said Roberts called 0.2583 oorc tract bears South 59 deg. 1.4 ruin. 57 aco. West u dbotunoc of
l39.33 (eet
.
THENCE North 31 deg. 13 odu' 15 sec. West along, and with the Suudzmcatcdy line of the herein
described 0.021 uorc tract a dieteoot of 19.05 feet 10 u 5/D-iooh iron rod with uuy stamped"LEAP EN(}"
set for comer ut the beginning ofu curve to the left having u radius uf470O0 feet,a delta angle of06deg.
50 min. 28 sec. and a chord bearing ofNorth 34 deg. 38 rnbn 44 sec. West:
THENCE in a Northwesterly direction along and with the Southwesterly line of the herein described
0.021 acre tract and uJoo,- said curve to the lctt an arc distance of 56.12 feet toa 5/8-incb iron rod with
cap stamped "LEAP [NG" set for the Northwesterly comer of the herein described O.02l uuze tract, same
being in the Northwesterly line of said Kushner Tract 2 called 0.193 acre truu1" same being in the
Southeasterly line of the remainder of that certain Rose Mario Mazzagu1d Murphy tract of land, more
fully described and recorded iu Volume 004, Page 379of said Deed Records;
THENCE North 59 deg. 14 min. 07 see. East along and with the Nnrinrcnterl 'line of said Kushner Tract
2 called 0.193 acre buo|, auzoe being the Southeasterly line of the remainder of said Murphy tract o
diot000p of 14.83 feet 1n upobd for the Northeasterly oorocr of said Knybocr Tract 2 called 0.193 acre
tract, same being the Southeasterly comer of said Murphy tract,same being bo the Southwesterly riubt-ot-
vraylbzcofsuidArcnuc^^A";
Pagp/wro
LEAP Engineering LLC 55o Fannin St,Suite 5/0,Beaumont, TX 77701 rnt(409)813'1862 paz(*09)813-1916
EXHIBIT "E"
9Nf�l`AlE�RI
THENCE South 30 deg. 52 min. 27 sec. East along and with the Northeasterly line of said Kushner called
0.193 acre tracts, same being the Southwesterly right-of-way line of said Avenue"A" a distance of 75.00
feet to the PLACE OF BEGINNING, containing 0.021 acre (906 sq. ft.)of land,more or less.
4D.Russell '
R ,istered Professional Land Sur or No. 5805
Page 2 of 2
LEAP Engineering LLC 550 Fannin St,Suite 510,Beaumont, TX 77701 Tel:(409)813-1862 Fax:(409)813-1916
^a
Rose Marie Mozzagatti Murphy
Remainder of
Vol. 604, Pg. 379
D.R.J,C.
N 59'14'07"E 14.83'
Set 5/8" Iron
Rod Marked
DELTA=06*50'28" Eng.* 0.021 Acres
CB= N 34'38'44"W 906 Sq. Ft.
R=470.00 FT
ARC=5612 FT
H -C 56.09 FT
oseph Kushner
tied 0.193 Acres) Carport
Vol. 2327, Pg. 101
D�R.J.C.
(CJoseph Kushner
ailed 0.193 Acres) S 59'14'07"W
Vol. 1027, Pg. 19 11,02'
D.R.J.C. Set 5/8' tron
Rod Marked
"Leap Eng.*
Bric k
Residence P.O.B.
Set 5/8" Iron
Rod Marked
"Leap Eng."
N 31'13'15"W
2n
19.05'
�0
&D
C, End. 1/2"
�U—z Iron Rod Christina R. Roberts
(Called 0.2583 Acres)
C.F. No 2006040220
O"P.RJ�C.
Note. All Bearings Shown Hereon
Are State Plane, Texas South Central
Zones, NAD 83: All Distances Shown
Are Surface U.S. Survey Feet.
C
—02/22/13
Revised
550 Fannin St,Suite 510
Beaumont,Texas 777DI
Tel.,(409)813-1862
KNEW Fax:(409)813-1916
CLIENT
City of Beaumont
Legend PROJECT LOCATION
Parcel Plat Tract 11 Proposed R.O.W.of Avenue A
Found Iron Rod Showing a CITY COUNTY
Found Iron Pipe 0.021 Acre Tract of Land Beaumont Jefferson Texas
Found Concrete Monument For The Proposed New SITE ADDRESS:Avenue A
Set 5/8* Iron Rod Avenue A R�CIW DATE I JOB NUMBER FIEL
Marked *Leop Eng.* ).,Texas 07/2009 1 602-1008 1
EXHIBIT "F (g All rights reserved. This plat may not be reproduced in whole
or in part without the wntten consent of LEAP Engneenng LLC
zkgfif
July 2009
Surveyor's Field Note Tract 12-0.040Acre Tract(2J096 Sq.Ftj
BEING u 0.048 acre buot of land out of and u part of the remainder that certain Rose Manic Moouuutti
Murphy tract o[land,more fully described and recorded ioVolume 6Q4`Page 37gof the Deed Records of
Jefferson County, Texas. Said 0.048 acre tract being situated in the J.A. Veatch Survey` Abstract No. 55
and ix more particularly described uafollows:
Note: All bearing noted herein are referenced uxthe State Plane Coordinate System, Texas South
Central Zone, ATAD83. All distances noted herein are sun6ce distances in [7S. 3urve3Feet.
BEGINNING at u point for the Southeasterly comer of said Murphy tract, yozne being a ]Vortheuatoly
comer of that certain Joseph Kushner called 0.193 acre tract of land,more fully descnibed and recorded in
Volume 2327,Page I0l uf said Deed Records, same being io the existing Southwesterly zizbt-of-n/uyline
of Avenue '^&^";
THENCE South 5 9 deg. 1.4 min. 07 see. West along and with the Southeasterly line of said Murphy tract,
same being the Northwesterly line of said Kushner called 0.lO3 acre tract u distance ofl4.83 feet tnu5/8-
inch iron rod with cap stamped "LEAP IN(}" set for the Southwesterly corner of the herein described
0.048 ucnc tract, uurnc being in u curve to the left having anudius of 470.00 feet, adol\a uozlc of 12 deg.
33 min. 23 sec. and a chord bearing of North 44 deg. 2O min. 4O see. West;
THENCE in a Northwesterly direction along and with the Southwesterly line of the boroio described
0.048 acre tract and along said curve to the |cft an arc distance of 103.00 feet to a 5/0-ioob iron rod with
cap stamped "LEAP ENG"set for the Northwesterly comer nf the herein described 0.048 acre tract, same
being in the Northwesterly line of said Murphy tract, same beiog in the Southerly right-of-way line of
Florida Avenue;
,
THENCE North 86 deg. 32 min. 07 see. East along and-with the Northwesterly line of said Murphy tract,
same beinc, the Southerly right-of-way line of said Florida Avenue a distance of 43.67 feet to a point for
the Northeasterly comer ofsaid Murphy tract, same being nt the intersection of the Southerly riob1-of-`xay
line of said Florida Avenue and the Southwesterly right-of-way line of said kvenue"A"
THENCE South 30 deg. 52 min. 27 sec. East along and with the Northeasterly line of said Murphy tract,
same being the Southwesterly riebt-of-way lion of said Avenue ''A" u distance of 79.89 feet to the
PLACE(}F BEGINNING, containing O.O48 acre(2,O96 sq. ft] of land,more nrless.
4Rggire Profe,
st�ered Professional Land ,Surveyor No. 5 808,
Page I of I
LEAP Engineering LLC 5oV Fannin St,Suitps1nm.-m,mon, Txrz7u/ 7et(409)813-1862emY*09)813-1916
EXHIBIT "G"
-7L
C0� �-
G�
Fnd. 2" —7 o.
Iron Pipe o
Florida Avenue
Existing 40' R.O.W.
Set 5/8" Iron N 86°32'07"E
Rod Marked 43.67'
"Leap Eng.
\ N 86°32'41" E 125.41'
+�L
O
O 'O s
o.G
�Cr 0,-7
'9
00.
Rose Marie Mazzagatti Murphy 70 Oo�i��.
Remainder of cD 'OO
1p Vol. 604, pg. 379 'PO 0
D.R.J.C.
S
�. S 59 014'07"W 14.83'
Set 5/8 Iron
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Joseph Kushner
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Vol. 1027, Pg. 19
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550 Fannin St Suite 510
LELEAP Beaumont,Texas 77701
I Tel.'(409)813-1862
ENGINEERING Fax:(409)813-1916
CLIENT
City of Beaumont
Legend PROJECT LOCAnON
0 Found Iron Rod Parcel Plat Tmc112PmpowdRO.WofAmuoA
Q Found Iron Pipe Showing a CITY - COUNTY STATE
0.048 Acre Tract of Land Beaumont Jefferson Texas
Found Concrete Monument For The Proposed New SITE ADDRESS:Avenue
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Marked "Leap Eng." EXHIBIT "H" ).,Texas 072009 002-1008 1 011/078 j 1"=30'
(0 Al rights reserved.This plat may not be reproduced in whole
or in part without the written consent of LEAP Engineering LLC.
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[1EA,[114011T
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart Q Public Works Director
MEETING DATE: October 15, 2013
REQUESTED ACTION: Council consider a resolution approving a change order to
McInnis Construction, Inc. of Silsbee, Texas in the amount
of$18,301.80 for the construction of a brick paved
sidewalk.
BACKGROUND
A contract was awarded to McInnis Construction in the amount of$377,000 in May 2013 for the
construction of a new entry on the north side of the Civic Center. The original plans did not
include the replacement of the sidewalk from the entry to the Main Street sidewalk. Change
Order No. 4 in the amount of$18,301.80 includes the removal of two trees located in the existing
sidewalk and the installation of a brick paved sidewalk connecting the new entry to the Main
Street sidewalk.
Change Order No.1 reduced the initial contract amount by $28,400 by eliminating certain
components in the original design. Change Orders 2 and 3 increased the contract amount by
$6,267.80 and $7,992.63, respectively.
To date, the total contract amount is $362,860.43. Change Order No. 4 increases the contract
amount by approximately 5%. An additional thirty (30) days is also requested that will move the
substantial completion date to October 30, 2013.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
x;
+ k
f
r
RESOLUTION NO.
WHEREAS, on May 14, 2013, the City Council of the City of Beaumont, Texas,
passed Resolution No. 13-111 awarding a contract in the amount of$377,000 to McInnis
Construction, Inc., of Silsbee, Texas, for the Civic Center North Entry Project; and,
WHEREAS, on May 14, 2013, the City Council of the City of Beaumont, Texas,
passed Resolution No. 13-111 approving Change Order No. 1 in the amount of($28,400)
for the elimination of 230 sq. ft. of exterior pavers, a glass wall on the north side, square
columns in lieu of tapered columns, accent flooring tile, new light fixtures and new ceiling
tile in the secondary entryway, thereby decreasing the contract amount to $348,600; and,
WHEREAS, on July 30, 2013, the City Manager executed Change Order No. 2 in
the amount of$6,267.80 to replace belled footing on the north side, thereby increasing the
contract amount to $354,867.80; and,
WHEREAS, on September 11, 2013,the City Managerexecuted Change Order No.
3 in the amount of$7,992.63 to install sheet rock, wall protection and ceiling grid in corridor
102, thereby increasing the contract amount to $362,860.43; and,
WHEREAS, Change Order No. 4, in the amount of $18,301.80 is required for
removal of two trees located in the existing sidewalk and the installation of a brick paved
sidewalk connecting to the new brick paved sidewalk at the intersection of Main and the
parking lot entrance, thereby increasing the contract amount to $381,162.23;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT-
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 4 for additional work described above, thereby increasing the contract amount by
$18,301.80 for a total contract amount of $381,162.23.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
111L'A, �
T • E • X • A •S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 15. 2013
REQUESTED ACTION: Council consider a resolution approving a change order in
the amount of$24,320.87 for revisions to the ')" floor
Municipal Court and EOC facility renovation project.
BACKGROUND
A contract in the amount of$1,124,900 was awarded to Goss Building, Inc. in May 2013 for
renovating the ) floor of the Municipal Court and EOC building. Upon removal of the plaster
ceiling, structural beams were discovered that prevent the installation of the new HVAC duct as
originally designed. This resulted in relocating the mechanical, laundry, and janitorial rooms.
Change Order No. 3 in the amount of$24,320.87 includes relocating duct work, furnishing and
installing partitions and doors, installing panic hardware and metal stud framing, and installing
drywall on all exposed masonry walls and partitions in the Toilet/Shower areas to provide a
smooth base for tile and paint finishes.
Change Order No. I in the amount of$9,877.57 and Change Order No. 2 in the amount of
$7,939.80 were deducted from the contingency allowance of$33,300.
Change Order No. 3 will use the balance of the contingency and increase the contract amount by
$8,838.24 to $1,133,738.24 which is less than 1%. A request for twenty additional days to
complete the project is included in this change order. The project is expected to be substantially
complete by November 27, 2013.
FUNDING SOURCE
Department of Homeland Security Port Security Grant Program for FY2010 and 2012.
RECOMMENDATION
Approval of resolution
CHANGE MILTON BELL ASSOCIATES, Inc.
ORDER 595 Orleans, Suite 711
Distribution to. Beaumont, Texas 77701
Owner E Contractor E Tel: 409/838-5378 Fax: 409/838-5017
Architect E Field 11
Consultants 11 Other []
PROJECT: EOC&Emergency Shelter CHANGE ORDER NO: Three(3)
(name,address) 3'Floor Municipal Courthouse
Beaumont TX 77701 INITIATION DATE: Sept.27`h,2013
TO(Contractor):
ARCHITECT'S PROJECT NO: 1 101
Goss Building,Inc.
P.O.Box 21537 CONTRACT FOR:General Construction
Beaumont,TX 77720
CONTRACT DATE: 13 June 2013
You are directed to make the following changes in this Contract:
1. Relocate AHU#9 from Mech RM 324 to vicinity of AHU#10 in new Mech RM 315 and revise ducts
accordingly in order to clear existing deep concrete beams.
2. Provide partitions and doors to enclose Mech RM 315.
3. Revise Rooms#302,303,&304,to conform to revised floor plan dated August 20,2013.
4. Relocate LAUNDRY to Room#324(former Mech RM).
5. Leave door#7 at entrance to RM#324,but change hand.To open into RM#324. Provide 3-6 X 7-0 door
#12 with panic hardware from inside RM#314,Record Storage.
6. Provide 1-1/2"metal stud framing and 5/8"gyp board furring on all exposed masonry walls and partitions
in Toilet/Shower areas to provide a smooth base for tile and paint finishes,due to excessive irregularities in
existing finish.
Total Proposed change for Above 1-6= $ 24,320.87
Balance from Construction Contingency $(15,482.63)
TOTAL CONTRACT CHANGE ADD $ 8,838.24
The above will leave a zero balance in the construction contingency fund.
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) i was.......................................$ 1,124,900.00
Net change by previously authorized Change Orders......................................................$ -0-
The (Contract Sum) prior to this Change Order was...................$ 1,124,900.00
The (Contract Sum) will be (increased) ( csasec�
(unslanged) by this Change Order...........................................................................$ 8,838.24
The new (Contract Sum) including this Change Order will be.....$ 1,133,738.24
The Contract Time will be(increased) by (20)Days
The Date of Substantial Completion as of the date of this Change Order therefore is
Authorized:
Milton Bell Associates, Inc_ Goss Building,Inc. City of Beaumont
CONTRACTOR OWNER
595 Orleans, Suite 711 P.O.Box 21537 P.O.Box 3827
Address Address
Beaumont, TX 77701 Beaumont TX 77720 Beaumont TX 77704
BY 2Z4j _ BY BY _
DATE 9-24-2013 __ DATE ��p� DATE
RESOLUTION NO.
WHEREAS, on May 14, 2013, the City Council of the City of Beaumont, Texas,
passed Resolution No. 13-110 awarding a contract in the amount of$1,124,900 to Goss
Building, Inc., of Beaumont, Texas, for the Municipal Court and EOC Building Third Floor
Renovation Project-, and,
WHEREAS, a contingency allowance in the amount of$33,300 was included in the
above noted contract; and,
WHEREAS, Change Order No. 1, in the amount of$9,877.57,was required to clean
water damage from unforeseen pipe damage in the fire protection sprinkler system and
additional work to provide code compliant fire protection sprinkler system upgrades to the
facility, thereby decreasing the contingency allowance to $23,422.43 and having no affect
on the total contract amount of$1,124,900; and,
WHEREAS, Change Order No. 2, in the amount of $7,939.80, was required to
provide and install an 8 inch backflow preventer and to replace an 8 inch pipe with a steel
band sleeve in accordance with State of Texas regulations, thereby decreasing the
contingency allowance to $15,482.63 and having no affect on the total contract amount of
$1,124,900; and,
WHEREAS, Change Order No. 3, in the amount of $24,320.87, is required to
relocate duct work, furnish and install partitions and doors, install panic hardware and
metal stud framing and drywall on all exposed masonry walls and partitions in the
toilet/shower areas. Contingency allowances in the amount of $15,482.63 have been
applied to the total cost of $24,320.87, thereby resulting in a change of a net amount of
$8,838.24, increasing the contract amount to $1,133,738.24;
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. 3 for additional work described above, thereby increasing the contract amount by
$15,482.63 for a total contract amount of$1,133,738.24 for the Municipal Court and EOC
Building Third Floor Renovation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
i
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 15, 2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving the purchase of thirty patrol vehicles from
Caldwell Country Chevrolet of Caldwell for use by the Police Department
2 Consider a resolution approving the assignment of a contract with Transit Mix to
TXI Operations for use in various City Departments
3. Consider a resolution approving the purchase of a Caterpillar D8T Dozer from
Mustang Cat of Houston for use by the Solid Waste Division
4. Consider a resolution approving the purchase of seven 2014 model trucks from
Philpott Motors of Nederland for use by the Water Utilities Department
5. Consider a resolution approving the purchase of six excavators from Waukesha-
Pearce Industries, Inc. of Port Arthur for use by the Water Utilities Department,
Public Works Department, and the Building Services Division
6. Consider a resolution approving the award of a contract to Triangle Stagecraft,
Inc. for stage and performance related staffing
7. Consider a resolution approving the purchase of a boring machine from EKA, Inc.
of Stone Mountain, Georgia for use by the Water Utilities Department
COMMENTS
Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSIONS
Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code to wit:
City Manager— Kyle Hayes
City Attorney—Tyrone Cooper
City Clerk—Tina Broussard
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
October 15, 2013
Consider a resolution approving the purchase of thirty patrol vehicles from Caldwell Country
Chevrolet of Caldwell for use by the Police Department
w "ai 0111 0,TUNA.`
111'
:A,[1111
T - E X • A s City Council Agenda Item
TO: City Council
FROM: Kvle Hayes, City Manager
r
PREPARED BY: I-aura Clark, Chief Financial Officer
IIF;ETING DATE: October 15, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
thirty (30) patrol vehicles from Caldwell Country Chevrolet
of Caldwell, Texas in the amount of$845,920 for use by
the Police Department.
BACKGROUND
The new vehicles are 2014 Chevrolet Tahoe's with the police package. Tahoe's were chosen
alter Ford stopped production of the Crown Victoria. Since the current radios and computer
equipment accessories will transfer to the Tahoe with minor equipment modifications. the
Tahoe is the most cost efficient choice to replace the Crown Victoria.
I wentv-four (24) of the thirty (30) vehicles requested will replace units that are used in daily
operations by the Patrol Division. The remaining six (6) vehicles will be outfitted as K9 units.
Five (5) of the six (6) units replace existing vehicles and the sixth will accommodate an
additional K9 team. Patrol vehicles are on a replacement cycle in order to keep serviceable units
available at all times and may be disposed of after replacement according to the City's surplus
property disposal policies or relocated to other divisions.
Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative
purchasing, association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement
statutes. The total purchase price includes the BuyBoard fee of$400 which is paid to the vendor.
Standard warranties of five (5) years or 100,000 miles are provided for each vehicle. Warranty
service is available from the local authorized dealer. Delivery is expected within sixty (60) to
ninety (90) days.
FUNDING SOURCE,
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of thirty (30) patrol vehicles for use
by the Police Department from Caldwell Country Chevrolet, of Caldwell, Texas, in the
amount of $845,920 through the Texas Association of School Boards (BuyBoard)
Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
2
October 15, 2013
Consider a resolution approving the assignment of a contract with Transit Mix to TXI Operations
for use in various City Departments
[I r
C ,[I 1�1 I
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer ,1
MEETING DATE: October 15, 201
REQUESTED ACTION: Council consider a resolution approving the assignment of
a contract with Transit Mix to TX1 Operations (TXI) in the
estimated amount of$555.950 for use in various Citv
Departments.
BACKGROUND
On September 27, 2011, Council approved Resolution 11-286 for the award of a contact to
Transit Mix for ready mix concrete, cement stabilized base and miscellaneous heavy materials.
Recently TXI acquired assets of Transit Mix related to these products. It is TXI's intention to
honor the City's contract with Transit Mix for the products at the contracted prices for the
remainder of the contract which expires on September 26, 2014.
FUNDING SOURCE
General Fund-Various City Departments.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on September 27, 2011, City Council approved Resolution No. 11-286
accepting the bud submitted by Transit Mix, Inc., of Beaumont, Texas, for an annual
contract with two(2) one year options to renew,for the purchase of ready-mix concrete and
related materials for use by multiple City departments for general construction, street
repair/replacement and water and sewer projects in the estimated amount of $555,950
delivered/$434,700 pickup; and,
WHEREAS, TXI Operations, LP has acquired certain assets of Transit Mix, Inc. and
intends to honor the contract for products provided by Transit Mix, Inc. for the one year
option remaining on the contract, which will expire September 26, 2014; and,
WHEREAS, an amendment to Resolution No. 11-286 is required to assign the
contract from Transit Mix, Inc. to TXI Operations, LP; and,
WHEREAS, all provisions of Ordinance No. 11-286 will be applicable to TXI
Operations, LP for the purchase of ready-mix concrete and related materials for use by
multiple City departments for general construction, street repair/replacement and water and
sewer projects after the assignment; and,
WHEREAS, Resolution No. 11-286 also authorized the entering into a contract with
Knife River, Inc. This resolution does not alter, amend or change such contract between
Knife River, Inc. and the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT-
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT Resolution No. 11-286 is amended to allow for the assignment of the contract
for the purchase of ready-mix concrete and related materials for use by multiple City
departments for the above stated purposes, and,
BE IT FURTHER RESOLVED THAT all provisions of Resolution No. 11-286
previously applicable to Transit Mix, Inc. will now be applicable to TXI Operations, LP and
Resolution No. 11-286 relating to Knife River, Inc. will be unchanged; and,
BE IT ALSO RESOLVED THAT the City Manager, or his designee, be and he is
hereby authorized to execute all documents relating to the assignment of the contract to
TXI Operations, LP.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
3
October 15, 2013
Consider a resolution approving the purchase of a Caterpillar D8T Dozer from Mustang Cat of
Houston for use by the Solid Waste Division
111'
:A,1111C
T • E • X • A • s City Council Agenda Item
TO: City Council
FIZOM: Kyle Hayes, City Manager
PREPARED BV: Laura Clark, Chief Financial Officer '��'�'
MEETING DATE: October 15, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
a Caterpillar D8T Dozer from Mustang Cat of Houston in
the amount of$654,000 for use by the Solid Waste
Division.
BACKGROUND
The dozer will be used along with other equipment at the City landfill to move and compact
waste in accordance with Texas Commission on Environmental Quality (TCEQ) regulations.
This equipment is in constant use under severe conditions. The new dozer will replace Unit
5169, a 2008 model with 9,600 hours of use. The old unit has become unreliable and
uneconomical to maintain and has been removed from service. A rental unit is being used until
delivery of the new unit. The old dozer will be disposed of according to the City's surplus
property disposal policies.
Pricing for the dozer was obtained through the Houston-Galveston Area Council (1I-(jAC), a
cooperative purchasing association providing cities and political subdivisions with the means to
purchase specialized equipment at volume pricing. H-GAC complies with State of Texas
procurement statutes.
Warranty 1-or the dozer is twelve (12) months with unlimited hours. Warranty service is provided
by the local dealer. Delivery is expected in approximately sixty (60) days.
FUNDING SOURCE
The City intends to seek financing in fiscal 2014 for this dozer and multiple other pieces of
equipment used by various City departments.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of one (1) Caterpillar Model D8T
Dozer for use by the Solid Waste Division from Mustang Cat, of Houston, Texas, in the
amount of $654,000 through the Houston-Galveston Area Council (H-GAC) Cooperative
Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
4
October 15, 2013
Consider a resolution approving the purchase of seven 2014 model trucks from Philpott Motors of
Nederland for use by the Water Utilities Department
[11'
: ►
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer t
MEETING DATE: October 15, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
seven (7) 2014 model trucks from Philpott Motors of
Nederland in the amount of$264,589.54 for use by the
Water Utilities Department.
BACKGROUND
In order to increase efficiencies, reduce overtime, and meet the demands of an aging
infrastructure, three (3) new water crews and a sanitary sewer crew have been added to the Water
Utilities Department in the fiscal year 2014 budget. The Department does not have idle
equipment available for use by the new crews; therefore new equipment is needed. The new
trucks will be used to transport crew members and pull trailers with excavators or other
equipment. Trucks will also be provided for three new General Foremen. Details of the
individual vehicles are attached.
Pricing for the vehicles was obtained through the Texas Association of School Boards
(BuyBoard), a cooperative purchasing association providing cities and political subdivisions with
the means to purchase specialized equipment at volume pricing. BuyBoard complies with State
of Texas procurement statutes. The total purchase price includes the BuyBoard fee of$400
which is paid to the vendor.
Warranties of 36,000 miles or three (3) years are provided for each new vehicle. Warranty
service is provided by local authorized dealerships.
FUNDING SOURCE
The City intends to seek financing in fiscal 2014 for the above and multiple other pieces of
equipment used in various City departments.
RECOMMENDATION
Approval of the resolution.
Purchase of Water Utilities Equipment
October 1, 2013
Paoc 2.
Item Description Purpose j Qty. Total Price
1 2014 Ford F150 General Foreman 3 $66.773.49
2 2014 Ford F550 Crew Cab Maul crews; pull trailers 3 $145.684.02 j
with excavator
3 2014 Ford F550 Crew Cab Haul crew; pull trailer 1 $51.732.03
With Dump Body with excavator
� 4 BuyBoard Fee $400.00
�- Total $264,589.54!!
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of seven (7)2014 Ford trucks for use
by the Water Utilities Department from Philpott Motors of Nederland, Texas, in the amount
of$264,589.54 through the Texas Association of School Boards (BuyBoard) Cooperative
Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
5
October 15, 2013
Consider a resolution approving the purchase of six excavators from Waukesha-Pearce Industries,
Inc. of Port Arthur for use by the Water Utilities Department, Public Works Department, and the
Building Services Division
r
C
T - E • X A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer,*
N`II?EA ING DATE: October 15, 2015
REQUESTED ACTION: Council consider a resolution approving the purchase of
six (6) excavators from Waukesha-Pearce hndustries. Inc.
of Port Arthur in the amount of$258,795.60 for use by the
Water Utilities and Public Works Departments and by the
Building Services Division.
BACKGROUND
In order to increase efficiencies, reduce overtime, and meet the demands of an aging
in t'r�lstructurc, three (3) new water crews and one (1) sanitary sewer crew have been added to the
Water Utilities Department in the fiscal year 2014 budget. The Department does not have idle
equipment available for use by the new crews; therefore new equipment is needed. Four (4) of
the new excavators will be dedicated to these crews.
The excavator for Building Services replaces Unit 5129, a 1995 model with 5.895 service hours.
The unit is used for excavation for electrical underground conduit, plumbing, drainage, concrete
vti,ork and a variety of other tasks. The unit for Public Works replaces Unit 5139, a 2001 model
-with 2.397 service hours. The Transportation Division uses an excavator for installation and
repair of 1-oundations, pull boxes and buried conduit. Both of the old units have become unfit for
further service due to age and wear. The old units will be disposed of according to the City's
surplus property disposal policies.
Pricing was obtained through the Houston-Galveston Area Council (H-GAC). a cooperative
purchasim, association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. H-GAC complies with State of Texas procurement
Statutes.
Warranties of two (2) years or 2,000 hours are provided for each unit. Warranty service is
provided by the dealer.
Purchase of Excavators
October 1-5. 2013
11a,e
FUNDING SOURCE
Capital Reserve Fund — Public Works Department and Building Services Division. Financing
will be obtained in fiscal year 2014 for the excavators for Water Utilities as well as multiple
other pieces of equipment for various City departments.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of six (6) excavators for use by the
Water Utilities and Public Works Departments and the Building Services Division from
Waukesha-Pearce Industries, Inc., of Port Arthur, Texas, in the amount of $258,795.60
through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
6
October 15,2013
Consider a resolution approving the award of contract to Triangle Stagecraft. Inc. for stage and
performance related staffing
R[CII WITH OPPORTUNITY
[IEAUMON
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 15, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a
contract to Triangle Stagecraft, Inc., in the estimated annual
amount of$230,000 for stage and performance related
staffing.
BACKGROUND
Triangle Stagecraft provides skilled temporary workers to load, unload, set up and take down
equipment needed for a variety of events and performances. They are the only local source for
providing these services. The Event Facilities Department utilizes these services on an as needed
basis for various events held at multiple City venues.
Pricing will remain firm for the first year of the contract. Thereafter upon renewal, rates will
generally increase by the lesser amount of three percent (3%)or the Consumer Price Index(CPI)
change for the Houston, Brazoria, Galveston area. This contract will automatically renew
annually unless a notice has been provided by either party ninety(90) days prior to expiration of
the contract.
FUNDING SOURCE
General Fund—Event Facilities.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract, with an option to renew
on an annual basis, to Triangle Stagecraft, Inc., of Port Neches, Texas, the sole local
source, in the estimated annual amount of$230,000 for the furnishing of skilled temporary
workers to load, unload, set up and take down equipment needed for a variety of events
and performances that the Event Facilities Department holds at multiple locations in the
City. The contract is substantially in the form attached hereto as Exhibit "A" and made a
part hereof for all purposes; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Letter of Understanding with Triangle Stagecraft, Inc., of Port
Neches, Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -
LETTER OF UNDERSTANDING
BETWEEN
TRIANGLE STAGECRAFT, INC.
AND
CITY OF BEAUMONT
This Letter of Understanding is made this day of - 2013,
by and between Triangle Stagecraft, Inc. (Triangle Stagecraft) and City of Beaumont,
Beaumont, 'Texas (City). Triangle Stagecraft is to provide temporary workers for the following
services for the City of Beaumont. The terms and conditions of this Letter of Understanding are
as follows:
1. PAYMENT FOR WORKERS
All temporary workers provided by Triangle Stagecraft will be billed/paid at the hourly
rate included in this Letter of Understanding. There will be an additional charge of one
and one-half times (x 1.5) the applicable straight time rate for hours worked between
12:00 Midnight and 8:00 A.M. and/or after eight (8) consecutive hours.
For pay purposes, any portion of an hour constitutes one(1) hour billed/paid. The load
in, any rehearsal, the show and load out are considered separate from each other and
overtime accumulation.
2. ADMINISTRATIVE CHARGE
A "Triangle Stagecraft administrative charge of twenty-two percent(22%)will be added
to each Triangle Stagecraft bill in order to help cover workers' compensation insurance,
and other administrative costs. A Certificate of Workers' Compensation Insurance, as
well as other insurances as required by the City, will be provided by Triangle Stagecraft
to the City.
3. CALL MINIMUMS
The minimum load in call is three (3) hours, with the exception of all bus and truck tours,
which will have a minimum load in call of four(4) hours.
The minimum load out call is two (2) hours, with the exception of all bus and truck tours,
which will have a minimum load out call of three (3)hours.
4. STEWARD/WORKING STEWARD
A steward or non-working steward is required on all calls. On calls of fourteen(14) or
less Triangle Stagecraft workers,the electrician shall assume the duties of steward. A
non-working steward is required for administration purposes on all calls of fifteen (15) or
more Triangle Stagecraft workers.
Page 1 of 6 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
EXHIBIT "A"
5. LOADERS
A minimum of two (2) loaders is required on all buses,trailers eighteen feet(18') or
under and vans. A minimum of four(4) loaders is required on all semi and bobtail
trucks.
Loaders will work four(4) hours maximum, loading or unloading. Vehicles not
completed in this four(4) hour time frame will be charged one and one-half(x 1.5)the
regular rate per man, per vehicle. This hour limit does not apply on shows that have in
excess of four(4) semi and/or bobtail trucks.
All loaders will be paid at one and one-half times (x 1.5)the applicable straight time rate
for each truck, van or bus that begins loading or unloading after 12:00 midnight or before
8:00 A.M.
6. RIGGERS
When requested by City, riggers will work under a four(4)hour minimum on all load in
and load outs. Rigging not completed in this four(4) hour time frame will be charged at
the regular hourly rate per rigger.
When riggers are requested,there shall be a minimum call of two (2)high riggers and
one (1) ground rigger. Shows in excess of twenty (20)points will require additional high
riggers. The number of additional high riggers shall be determined by mutual agreement
between the business agent and the building technical services coordinator.
If an event only requires the hanging of decorations,only one rigger will be needed for
this service.
7. REHEARSALS AND PERFORMANCE RATES
Rehearsal and performance rates are based on a three (3) hour minimum, plus thirty (30)
minute call back time. The fourth(4th) hour, if needed, will be at the regular rate. Any
additional hours after four(4) without a one (1) hour meal break, shall be charged at one
and one-half times (x 1.5) the applicable hourly rate. Triangle Stagecraft workers shall
be guaranteed at least two (2) hours of rehearsal/performance time upon returning from a
rehearsal or performance meal break. If a performance runs after midnight, overtime will
be applied at the applicable rates.
8. HOLIDAYS
Holiday pay will be at two times (x 2) the regular rate at appropriate times. Holiday pay
will be applied for all Triangle Stagecraft workers that work on the following holidays:
New Year's Eve Labor Day
New Year's Day Memorial Day
Faster Sunday Thanksgiving Day
Martin Luther King, Jr. Birthday Christmas Eve
Fourth of Juiv Christmas Day
Page 2 of 6 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
9. MEAL PERIODS
All Triangle Stagecraft workers will receive a meal period of one (1) hour, not earlier
than four (4) hours nor later than five (5) hours after commencement of work, exclusive
of performance time and with the exception of the meal hour as referenced below,
provided that after said meal hour the Triangle Stagecraft workers will be guaranteed at
least two (2) hours work. The "Triangle Stagecraft workers may be rotated or staggered
for the meal period. The steward will see that work proceeds as rapidly and efficiently as
possible, but at the same time will see that the Triangle Stagecraft workers receive
breaks, which may be on a staggered basis. In the event the Triangle Stagecraft workers
are not permitted such a meal period, the Triangle Stagecraft workers will receive one
and one-half time (x 1.5) rate until such meal period is received.
10. BREAKS
Each Triangle Stagecraft worker shall receive a fifteen (15) minute break approximately
two (2) hours into the load in. 'The exact time shall be determined between the local
steward and the show representative, however in all cases, breaks shall begin no later
than two and one-half(2 ``/z) hours into the load in.
11. HAZARDOUS CONDITIONS
Hazardous conditions exist when a Triangle Stagecraft worker is working over thirty (3)0)
feet above the floor and/or truss focusing while climbing, not to include working in
loading bridges, fly floors, gridirons or any safety walk over thirty(30) inches in width
that is enclosed with permanent safety railing. In hazardous locations, basic safety
systems such as OSHA approved lifeline and fall restraint systems must be present or
"Triangle Stagecraft workers will not be allowed to work there. The base rate of Triangle
Stagecraft workers in hazardous conditions will be the same as high riggers scale.
12. TERM FOR LETTER OF AGREEMENT
This letter of Agreement shall be in effect for a period of one (1) year beginning
OCTOBER ,2013,with the option to renew on an annual basis. Any renewals
will be subject to the same terms and conditions referenced in this Agreement. Renewals
will be offered through an extension letter generated by the City of Beaumont and
approval with signature provided by Triangle Stagecraft.
The hourly rate may be increased upon the renewal of the contract if the City of
Beaumont civilian employees will receive a pay increase for the same budget year. The
hourly rate increase shall be based upon the Consumer Price Index(CPI)for the Houston-
Brazoria-Galveston area effective year ending December 31. The hourly increase will be
the percentage of the CPI or three (3)percent, which ever is the lower amount.
13. TERMINATION OF AGREEMENT
This Agreement may be terminated for any reason by either Triangle Stagecraft or the
City of Beaumont upon providing ninety(90) days written notice to the other party.
Page 3 of 6 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
This Agreement may be terminated by the City of Beaumont upon thirty(3 0) days
written notice if Triangle Stagecraft does not provide satisfactory services as listed in this
Agreement.
14. INDEMNITY
Triangle Stagecraft agrees to indemnify and save harmless the City of Beaumont and its
officers, agents and employees from any and all claims, causes or action and damages of
every kind, for injury to or death of any person and damages to property arising out of or
in connection with the work done by Triangle Stagecraft under this Agreement, and
including acts or omissions of the City of Beaumont or its officers, agents or employees
in connection with said Agreement. The requirements of this paragraph shall survive the
termination of this Agreement.
15. INSURANCE
Triangle Stagecraft shall obtain and maintain in full force and effect for the duration of
this contract, and any extension hereof, at Triangle Stagecraft's sole expense, insurance
coverage called for in Exhibit"A" attached hereto. Triangle Stagecraft shall require its
insurance agent provider such insurance to complete City-approved Certificate of
hisurance forms. The requirements of this paragraph shall survive the tern-lination of this
Agreement.
16. CONTACT INFORMATION
TRIANGLE STAGECRAFT,INC. CITY OF BEAUMONT
681 Ridgewood Drive Finance Dept./Purchasing Div.
Port Neches, TX 77651
Physical Address:
Phone: 409-626-1880 801 Main Street, Suite 315
Fax: 409-729-0578 Beaumont, TX 77701
Mailing Address:
P. 0. Box 3827
Beaumont,TX 77704
Phone: 409-880-3720
Phone: 409-880-3747
Page 4 of 6 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be duly executed as of
the date set north within this Agreement.
AGREED AND ACCEPTED: AGREED AND ACCEPTED:
TRIANGLE STAGECRAFT,INC. CITY OF BEAUMONT
By: -- --- By:
Name: James B. Strawther Name: Kyle Hayes
Title: Operations Manager Title: City Manager
Date: Date:
Page 5 of 6 Letter of Understanding 2013- Triangle Stagecraft and City of Beaumont
LETTER OF UNDERSTANDING
BETWEEN
TRIANGLE STAGECRAFT, INC.
AND
CITY OF BEAUMONT
RATES EFFECTIVE OCTOBER ,2013
POSITION RATE PER HOUR`
Non working steward $23.18
Steward $20.17
Electrician $20.17
Flyman $18.34
j Forklift $18.34
Stagehand $18.34
Sound man $18.34
Wardrobe $18.34
Technical Assistance (Work Calls) $18.34
Truckloaders
Van /Bus $38.62
Bobtail $3$,62
Semi S52.74
Riggers
High $29.77
Ground $23.18
Performance Rate
3 hours $64.18
Rehearsals Rate
3 hours -- — $64.18
Page 6 of 6 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
EXHIBIT "A"
Letter of Understanding Between
Triangle Stagecraft, Inc. and City of Beaumont
ATTACHMENT A
Insurance Requirements—City of Beaumont
(Revised 4/1/2013)
INSURANCE
SECTION A. Prior to the approval of this contract by the City,CONTRACTOR shall furnish acompleted Insurance Certificate to the
Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages,limits,and
termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY
SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY
THE CITY OF BEAIIMONT'S PURCHASING DIVISION,and no officer or employee of the City shall have authority to waive this
requirement.
INSURANCE COVERAGE REQUIRED
SECTION B. CITY reserves the right to review the insurance requirements of this section during the effectiveperiod of the contract
and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY,based upon changes in statutory law,
court decisions. or the claims history of the industry as well as the CONTRACTOR.
SECTION C. Subject to CONT'RACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY,
CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at
CONTRACTOR'S sole expense,insurance coverage written by companies approved by the State of Texas and acceptable to CITY,in the
following type(s)and amount(s):
TYPE AMOUNT
1. Workers' Compensation and Statutory
Employer's Liability
NOTE: For building or construction projects,and services provided at City-owned facilities,the successful
Contractor shall meet the minimum requirements defined in the Texas Workers'Compensation Commission
Rule 28 TAC§110.110 which follows this insurance attachment.
2. Commercial General(public)Liability
including coverage for the following:
a. Premises operations Combined single limit for bodily injury and
b. Independent contractors and property damage of$1,000,000 per
C. Products/completed operations occurrence or its equivalent with an aggregate
d. Personal injury limit of$2,000,000.
e. Advertising injury
f'. Contractual liability
g. Medical payments
h. Professional liability*
i. Underground hazard*
J. Explosion and collapse hazard*
k. Liquor liability*
- I -
I. Fire legal liability*
M. City's property in Contractor's*
care,custody, or control
n. Asbestos specific liability*
Not required for this contract
3. Comprehensive Automobile Liability Combined single limit for bodily injury and
insurance, including coverage for loading property damage of$500,000 per occurrence
and unloading hazards,for: or equivalent.
a. Owned/leased vehicles
b. Non-owned vehicles
C. Hired vehicles
4. Errors and Omissions Provide a prudent amount of coverage for the
insurance policy willful or negligent acts or omissions of any
(when applicable) officers, employees or agents thereof.
ADDITIONAL POLICY ENDORSEMENTS
CITY shall be entitled,upon request,and without expense,to receive copies of the policies and all endorsements thereto and may
make any reasonable request for deletion,revision,or modification of particular policy terms,conditions,limitations,or exclusions
(except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any
of such policies). Upon such request by CITY,CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy
coverages,and shall pay the cost thereof.
REQUIRED PROVISIONS
CONTRACTOR agrees with respect to the above required insurance,all insurance contracts and certificate(s)of insurance will contain
and state, in writing,on the certificate or its attachment,the following required provisions.
a. Name,the City of Beaumont and its officers,employees,and elected representatives as additional insured(s),(as the
interest of each insured may appear)to all applicable coverage.
b. Provide for 30 days' notice to City for cancellation,non-renewal,or material change.
C. Provide for notice to City at the address shown below by registered mail.
d. CONTRACTOR agrees to waive subrogation against the City of Beaumont,its officers,employees,and elected
representatives for injuries, including death,property damage, or any other loss to the extent same may be covered
by the proceeds of insurance.
e. Provide that all provisions of this agreement concerning liability, duty,and standard of care together shall be
underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.
f For coverages that are only available with claims made policies,the required period of coverage will be determined
by the following formula: Continuous coverage for the life of the contract,plus one year(to provide coverage for
the warranty period)and an extended discovery period for a minimum of five years which shall begin at the end of
the warranty period.
- 2 -
NOTICES
CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty(30)days
prior to the change,which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given
to CITY at the following address:
Purchasing Division
City of Beaumont
P.O. Box 3827
Beaumont, Texas '77704
SECTION D. Approval,disapproval,or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve
CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the
bankruptcy, insolvency,or denial of liability by the insurance company exonerate CONTRACTOR from liability.
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WORKERS COMPENSATION INSURANCE
for
Building or Construction Projects and Services Provided at City-Owned Facilities
TEXAS WORKERS' COMPENSATION COMMISSION RULE 28,§110.110
As required by the'texas Workers'Compensation Rule 28,§110.110,the Contractor shall accept the following definitions and comply
with the following provisions:
Workers' Compensation Insurance Coverage
A. Definitions:
1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued
by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the
duration of the project.
2. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's
work on the project has been completed and accepted by the City of Beaumont.
3. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all
or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes,without
limitation,independent Contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of
any such entity,or employees of any entity which furnishes persons to provide services on the project."Services"include,
without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other
service related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the
Contractor providing services on the project,for the duration of the project.
C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the
Contractor must,prior to the end of the coverage period,file a new certificate of coverage with the City of Beaumont showing that
coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project,and provide to the City of Beaumont:
I. A certificate of coverage,prior to that person beginning work on the project,so the City of Beaumont will have on file
certificates of coverage showing coverage for all persons providing services on the project; and
2. No later than seven(7)days after receipt by the Contractor,a new certificate of coverage showing extension of coverage,
if the coverage period shown on the current certificate of coverage ends during the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one(1)year thereafter.
G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery,within ten(10)days after the
Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing
services on the project.
H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'
Compensation Commission, informing all persons providing services on the project that they are required to be covered, and
- 4 -
stating how a person may verify coverage and report lack of coverage.
L The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:
I. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage
agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees
providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project.
3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
4. Obtain from each other person with whom it contracts,and provide to the Contractor:
a A certificate of coverage,prior to the other person beginning work on the project;and
b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the
coverage period shown on the current certificate of coverage ends during the duration of the project.
5. Retain all required certificates of coverage on file for the duration of the project and for one(1)year thereafter;
6. Notify the City of Beaumont in writing by certified mail or personal delivery,within ten(10)days after
the person knew or should have known,of any change that materially affects the provision of coverage
of any person providing services on the project;and
7 Contractually require each person with whom it contracts,to perform as required by paragraphs(1)-
(7), with the certificates of coverage to be provided to the person for whom they are providing
services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is
representing to the City of Beaumont that all employees of the Contractor who will provide services on the
project will be covered by workers'compensation coverage for the duration of the project,thatthe coverage will
be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will
be filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties,criminal penalties, civil penalties, or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which
entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within
ten(10)days after receipt of notice of breach from the City of Beaumont.
As defined by the Texas Labor Code,Chapter 269, Section 406.096(e),building or construction is defined as:
I. Erecting or preparing to erect a structure,including a building,bridge,roadway,public utility facility,
or related appurtenance;
2 Remodeling, extending, repairing,or demolishing a structure;or
3. Otherwise improving real property or an appurtenance to real property through similar activities.
The employment of a maintenance employee who is not engaging in building or construction as the employer's primary
business does not constitute engaging in building or construction.
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CITY OF BEAUMONT
INSURANCE REQUIREMENT AFFIDAVIT
To be Completed By Appropriate Insurance Agent
and submitted with bid proposal.
I,the undersigned Agent/Broker,certify that the insurance requirements contained in this bid document have
been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this
contract by the City of Beaumont, I will be able to,within ten (10) days after being notified of such award,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.
Agent(Signature) Agent(Print)
Name of Agency/Broker:
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone#:
CONTRACTOR'S NAME:
(Print or Type)
NOTE TO AGENTIBROKER
If this time requirement is not met,the City has the right to invalidate the bid award and award the contract
to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may
be liable for breach of contract. If you have any questions concerning these requirements,please contact
the Purchasing Manager for the City of Beaumont at(409) 880-3720.
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CERTIFICATE OF INSURANCE Form No. C0131
UAW
QN Edition Date: 12/12/2012
IL Page 1 of 3
This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured
named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other
document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is
subject to all terms, exclusions and conditions of such policies.
Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must
complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of
Beaumont("COB"). The endorsements listed below are required as attachments to this certificate;copies of the endorsements
are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY
NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers'
certificates are not.
This certificate shall be completed by a licensed insurance agent:
Name and Address of Agency: City of Beaumont Reference:
Project Name:
Project Location:
Phone: /
Managing Dept.:
Name and Address of Insured:
Project Mgr.:
Insurers Affording Coverages:
Insurer A:
Phone:
Insurer B:
Prime or Sub-Contractor?:
Insurer C:
Name of Prime Contractor, if different from Insured:
Insurer D:
INSR TYPE OF INSURANCE POLICY POLICY EFF.DALE POLICY EXR, - LIMITS OF LIABILITY
LTR Np, EMMIDDIYYYYj` DATE
(Mtuiibd'<YYrY)
Commercial General
Liability Policy Each Occurrence $
As defined in the
Policy, does the Policy General Aggregate $
provide:
Completed $
❑ Yes ❑ No — Completed Operations/Products Operations/
Products Aggregate
❑ Yes ❑ No — Contractual Liability Personal & $
Advertising Injury
❑ Yes ❑ No — Explosion Deductible or Self $
Insured Retention
- 7 -
UM CERTIFICATE OF INSURANCE Form No. COB1
Edition Date: 1 211 2/201 2
Page 2 of 3
INSR POLICY POLICY EFF.DATE POLICY EXP.
TYPE OF INSURANCE DATE LIMITS OF'LIABILITY
LTR NO. (MM/DDPNW)
(MM/DDIYYYY)
❑Yes ❑No — Collapse
❑Yes ❑No — Underground
❑Yes ❑No — Contractors/Subcontractors Work
❑Yes ❑No — Aggregate Limits per Promect Form CG 2503
❑Yes L:]No — Additional Insured Form—CG 2010
❑Yes ❑No — 30 Day Notice of Cancellation Form-CG 0205
❑Yes ❑No — Waiver of Subrogation Form-CG 2404
Pollution/Environmental Occurrence $
Impairment Policy
Aggregate $
Auto Liability Policy CSL $
As defined in the Policy,
does the Policy provide:
Bodily Injury $
(Per Incident
❑Yes I_' No — Any Auto Bodily Injury $
(Per Person)
0 Yes L.1 No — All Owned Autos Property Damage $
Per Accident)
❑Yes ❑ No — Non-Owned Autos
❑Yes ❑ No — Hired Autos
❑Yes CI No — Waiver of Subrogation -CA0444
❑Yes ❑No — 30 Day Notice of Cancellation-CA0244
❑Yes _1 No — Additional Insured-CA2048
❑Yes ❑No — MCS 90
Excess Liability
❑ Umbrella Form Occurrence $
7 Excess Liability
Follow Form Aggregate $
Workers Compensation& ❑ Statutory
Employers Liability
As defined in the Policy, Each Accident $
does the Policy provide
E]Yes ['No — Waiver of Subrogation-WC420304 Disease- $
Policy Limit
❑Yes I` No — 30 Day Notice of Cancellation-WC420601 Disease- $
Each Em to ee
Is a Builders Risk or $
Installation Insurance
Policy provided?
❑Yes ❑No
❑Yes ❑No — Is the City shown as loss payee/mortgagee?
Professional Liability
As defined in the Policy, Each Claim $
does the Policy provide:
❑Yes C No — 30 Day Notice of Cancellation Deductible or Self $
Retroactive Date: Insured Retention
- 8 -
� CERTIFICATE OF INSURANCE Form No. COB1
Edition Date: 12/12/2012
70 W Page 3 of 3
AGENT CERTIFICATION:
THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect.
Name of Insurance Company: Name of Authorized Agent:
Company Address Agent's Address:
City: State: Zip: City: State: Zip:
Authorized Agent's Phone Number(including Area Code): Original signature of Authorized Agent:
X
Date:
CERTIFICATE HOLDER: DATE ISSUED:
City of Beaumont
P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE
Beaumont, Texas 77704-3827 Licensed Insurance Agent
Printed Name:
- 9 -
7
October 15, 2013
Consider a resolution approving the purchase of a boring machine from EKA, Inc. of Stone
Mountain. Georgia for use by the Water Utilities Department
111'
:Ai[111C
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer�
MEETING DATE: October 15, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
a boring machine from EKA, Inc., of Stone Mountain,
Georgia in the amount of$106.00530 for use by the Water
Utilities Department.
BACKGROUND
The boring, machine is used daily to rehabilitate the City's water distribution system by replacing
existing pipe which has failed or is currently requiring constant maintenance and repair.
IZchabilitation improves water pressure, water quality, fire protection and helps maintain the
Texas Commission on Environmental Quality (TCEQ) standards in the water system. The new
unit replaces Unit 4256, a 1998 model with over 3,000 service hours. The old unit has become
less reliable due to age and wear, but will be retained as a reserve unit to help maintain consistent
yvorl: scheduling.
Pricing was obtained through the Houston-Galveston Area Council (H-GAC), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. H-GAC complies with State of Texas proCUrement
statutes. hhe City has rented the new unit for several months to enhance work progress for the
Water Department and to determine that it is suited for the City's needs. The final price of
$106,005.30 allows for a credit of$62,400 from rent paid against the original price of
S 168.40-5-10.
A manufacturer's warranty of one year is provided. Warranty service is available from Ditch
Witch of Houston.
FUNDING SOURCE
The City intends to seek financing in fiscal 2014 for this and multiple other pieces of equipment
used by various departments.
RECOMMENDATION
,Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of one (1) boring machine for use
by the Water Utilities Department from EKA, Inc., of Stone Mountain, Georgia, in the
amount of$106,005.30 through the Houston-Galveston Area Council(H-GAC)Cooperative
Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2013.
- Mayor Becky Ames -