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HomeMy WebLinkAboutPACKET JUL 01 2014H1(It WITH 0P#'01A7 %1T) BEA.IIMON* T • E • X - A - �S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 1, 2014 1:30 P.M. CONSENT AGENDA * Approval of minutes — June 24, 2014 * Confirmation of committee appointments A) Approve a contract for the purchase of automobile batteries B) Authorize the City Manager to execute an agreement with Air Comfort, Inc. for the placement of fiber optic cable in the public right -of -way C) Authorize the City Manager to execute all documents necessary for an affiliation agreement between The City of Beaumont's EMS Division and Training Division.com RICH WITH OPPORTUNITY 111E'A,[111C111 T - E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer July 1, 2014 Council consider a resolution approving a six (6) month contract with Interstate Batteries of Beaumont for the purchase of automobile batteries. BACKGROUND Although contracts for less than $50,000, do not require approval by the City Council, in accordance with the Local Bidder Preference Policy, where the amount of a purchase for tangible personal property and services is less than $500,000; a valid local bidders consideration claim form was submitted with the bid response; and the bid is within five percent (5 %) of the lowest bid price of a non local vendor, the City Council is to determine the award of the contract. Council may award to the lowest bidder, the local bidder or reject all bids. Bids were solicited from six (6) vendors to provide automobile batteries for Fleet Maintenance. The City received four (4) bid responses. Battery Warehouse of Orange submitted the lowest bid with a bid of $18,184 for the six (6) month contract. Interstate Batteries also submitted a bid of $19,094.35 and included a valid local bidders consideration claim form. After applying the five percent (5 %) threshold to the local bid, makes it $18,139.63, Interstate Batteries is less than the non -local bid. The contract has an option to renew that allows for an additional six months. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for a six (6) month contract, with the option to renew for an additional six (6) months, for the purchase of automobile batteries for use by the Fleet Maintenance Division; and, WHEREAS, Battery Warehouse, of Orange, Texas, submitted the lowest bid for an estimated total expenditure of $18,184.00 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, Interstate Batteries, of Beaumont, Texas, submitted a bid foran estimated total expenditure of $19,094.35 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, the bid submitted by Interstate Batteries, of Beaumont, Texas, also included a valid Local Bidder Consideration Claim Form, attached hereto as Exhibit "B;" and, WHEREAS, after applying the five percent (5 %) threshold to the local bid in accordance with the Local Bidder Preference Policy, the Interstate Batteries bid of $18,139.63 is less than the lowest non -local bid submitted by Battery Warehouse of Orange, Texas; and, WHEREAS, after giving consideration to the Local Bidder Preference Policy, City Council is of the opinion that it is in the best interest of the City that the bid submitted by Battery Warehouse, of Orange, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Battery Warehouse, of Orange, Texas, for a six (6) month contract, with an option to renew for an additional six (6) months, for the purchase of automobile batteries for use by the Fleet Maintenance Division for an estimated total expenditure of $18,184.00 in the unit amounts shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THATthe City Manager be and he is hereby authorized to execute a contract with Battery Warehouse, of Orange, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of July, 2014. - Mayor Becky Ames - EXHIBIT "A" ac:a .-r O Z Z R�7SL� v c w eat , M. (D T n < nw r: W Q O Q O X a fD vt � :3 °7 2 O A� Ap n p off• 5 c W OD .3i 3 0 C 3 m (31 r 00 X N ti C m v+ 3 a O O O O M W C � A � ln •A V V NOl c vt, uj n (W1� .. O .d. m 0 V T m W vi V Ln W A o N V 22 D cn CD O N Z D o O 03 C Z N O � Z co m CD D E5 D O Z 0o z O c � r am o� z cn O 1 W W V1 O1 v A Q N V1 Q ko l,p O W ,� H O1 H W 4 1 O1" 4 A H Ln H O1 H mAAV H/ A f/ A H 14 H a);0 y z 0000000000000m-i 0 0 0 0 0 0 0 0 0 0 0 0 0 n C O 14A 4A H 4 H414A V1H4A H -+ H H S n D O p t0 7 V w V V V V V V V O O V 70 X m ID T Ln C C C O O O C C C O O O O m c 0 O O O O O O O O O O O O O m-4 M H H HO � IIITTT111 O X yH — WN1�� ON00ONOOw00W O1A N- NW- BOA lDy ;a m N. "o9, :�000Pnz rn m 00 0 0 00 00 00 m to p 000 0 0 000 0 0 0 00 0 mm p m 0 V w 00 ut A to 4A m? 4A 4A A 404 dt 4A Ol {A Ol W p 61 1p N 4fl 1p ut p <o 00 V 91 Z n -i tD lO to lO to Cp 1p 1p io w io co co m Ul Lnv,vivtcnvivivitnviviLn _ c 3 00 c N 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A N m N N 00 69 01 00 4A 00 00 4A 00 00 00 00 N N 00 70 70 n m O o M (p O 0 0 0 m N �• W a 0000000000000 o�m o m X CD 6F1 kA lA 46q ;a m o wNa rn- P, NCnNwkninLonz ip v, � V O 0 O 00 00 .a w 4p V m O w to 00 4 N vi Ol 00 V1 V V o Ul w p uq o V1 V1 v1 0 V1 v7 V1 v1 0 L9 Q v1 6i9 6H 4A kA kA 4A 4A 4A 4A b9 -r c N Oo 00 .A cp Oo V V V V ut to W V O> V 00 0 N 0 N 0 Z 1p v'Iw InOAOwONwwOm Ol " 1p W v1 00 W 00 .ice •A to to w O n 4� cn D4A 4A 4n 4A 4A 6A 4A kA 4A 4A kA 4A 4A 2 n V A -{ . 00000ocoo0OOOm . O . . . . . . . N N V1 n 70 N D N "R T' O O O O O O O O O O O O O ;p Q 0 Z ZAA � O� '0 N 4A 4A 4A 4A 4A VI W (,n b9 6A J kA 4A 4A o 4A 6/ f j 0 J� m woowrnv,4prnwrn�v wvv,nZ 00 VI W N O O A Vl v1 M 0 o m p o W O W V 0 vq O ut to p V 00 m Ln M N 1p vl W O 00 N .41 � W W p N N to 1p in O M tD N O A —01.0 69 4.A 4A 64 4A 4A b9 4A 6A 4A 4A 4A � c o to N o 1p w �p m Ln V m V V Vq m� 0 -� V Flo wauw -• V OOwO 3 m 4A 4A 4A lfi 4A bA k,9 4A 64 kA 4A 2 n C D kA 4A -- -• N N a O fw1 x r,i O vl V 1n V1 vl Vl V1 V1 V1 V1 N N V1 �% fZ7 n m W O o X v+ a2 m O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO �n to 0 o o m to r t' Z Z ° o - m m m N W of 4A wrl) 4A 4A 4A J 41 4A kA v,NO���pomr) 4A 4A °o kA 4A 4A -' 4A V 4A J v 22 Z N m m 0 V vi w N -- 4n w 00 0 -� w m m '6 00 oo.AaoO V ��nwwwrn -� a o O w A w w 00 .A w Oo 61 00 — in 61 N -� �p � O M �o lfl to 0 0 0 0 1 EXHIBIT "A" ac:a .-r O Z Z R�7SL� v c w eat , M. (D r: W Q O Q O X a fD vt � :3 °7 2 O A� Ap n G N O O N W OD .3i 3 0 3 m (31 r 00 X N ti O O M N � A � D c 0 3 0 -00 CD d nW o T D cn CD N Z D 03 C Z N � Z co m CD D E5 D O 0o z c � r am o� z cn RICH WITH OPPORTUNITY E1EA11M0N rr City of Beaumont (t Beaumont, Texas T • E • X - A • S LOCAL BIDDER CONSIDERATION CLAIM FORM Form Revised 4/1/13 /bd Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to consider a vendor's location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local bidder would provide the best combination of price and other economic benefits to the municipality. The City of Beaumont has determined that the allowable preference shall be applied to local vendor bids for the purposes of evaluation when in the best interest of the City to do so. This request form and any attachments must be submitted with bid package to be considered by the City of Beaumont. Questions should be addressed to the Purchasing Division at 409 - 880 -3720. Exclusions to the local preference include those purchases that are: sole- source, emergency, federally- funded, cooperative contracts, Requests for Quote or Proposal, or via interlocal Agreement as well as telecommunication services. The City reserves the right to accept or reject any bid or combination of bids. The City requires the information below for consideration of a local bidder preference. (Information may be submitted in an attachment to this form.) 1) Location Eligibility: Principal place of business in Beaumont, Texas. Principal place of business is defined herein as: Business must own or lease a commercial building or space within the corporate city limits of Beaumont, which is used as a home base for 25% or more of its inventory and workforce. Business must be in operation for at least two (2) years. A location utilized solely as a post office box, mail drop, or telephone message center, and without any substantial work function or inventory, does not qualify. a) If yes, identify name of Business /DBA, address, and business structure (sole proprietorship, partnership, corporation, or other) Name of Business /DBA: Kingsbury Enterprises, Inc. /DBA Interstate Batteries of Beaumont - Pt. Arthur Address: 6008 College Street City: Beaumont State TX zip 77707 Business Structure: Sole Proprietorship Partnership X Corporation Other b) Name and city of residence of owners) /partners /corporate officers, as applicable. Name: Joseph L. & Phyllis E. Kingsbury City of Residence: Beaumont 2) General Business Information: a) Year business established (Beaumont location) b) Most recent property tax valuation of real and personal property. (Please attach.) c) Annual taxable sales (originating in Beaumont). d) Is business current on all property and sales taxes at the time of this claim? 1987 $ 291,420.00 $ 246,877.45 YES x NO e) Total number of current employees: 9 Number of Beaumont - resident employees: 7- 3) Economic Development benefits resulting from award of this contract: a) Will award of this contract result in the employment/retention of residents of the City of Beaumont? YES b) Number of additional jobs created: 0 or retained for Beaumont resident - employees: _ c) Will subcontractors with principal places of business in the City of Beaumont be utilized? YES x d) Local subcontractors utilized, if applicable. Name, location, and contract value for each. Name: Interstate All Battery Center Address: 6008 Colleae Street Beaumont, TX 77707 Contract Value: $ Gel cell or alkaline batteries we supply to the city will be purchased from x NO 1 NO e) Will award of this contract result in increased tax revenue to the City? YES x NO f) If Yes, check types of taxes. x"'* Property Taxes Sales Taxes Hotel Occupancy Taxes g) Other economic development benefit deemed pertinent by applicant. Local Vendor Preference Information for Bid Specifications (Revised 4/1/13 /bd) - Page 4 of 5 EXHIBIT "B" ktCctf 'wvru orpoib`ruNiTv HEA1111011* T• E- X - A - 5 City of Beaumont Beaumont, Texas LOCAL BIDDER CONSIDERATION CERTIFICATION Certificate of Information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. City Bid Number /Quote for which the local preference is requested: Interstate Batteries of Beaumont - Pt. Arthur Print Bidder's Company Name Joseph L. Kingsbury Print Name of Bidder COUNTY OF JEFFERSON § Bi0514 -32 City Bid or Quote Number Date C Appeared before me the above -named of5c , ,^ ` L r( u-4- known to me to be the same, and swore that the information provided in responeto the foregoing questions are true and !� correct to the best of his /her knowledge and belief, this day of 20 17` T SHOCKLEY t Notary Public, Staff Of Tezaai t �o� MY Can �s� i t7v+►.V .�..rwr.v..��r�r w..�r w. w.w r..rrt Form Revised 4/1/13 /bd M -4 Notary Public, State of Te Printed Name Qom,- 1�; �_) -�_)1Z�- Commission Expires (Date) Local Vendor Preference Information for Bid Specifications (Revised 4/1/13 /bd) - Page 5 of 5 RESOLUTION NO. WHEREAS, bids were received for a six (6) month contract, with the option to renew for an additional six (6) months, for the purchase of automobile batteries for use by the Fleet Maintenance Division; and, WHEREAS, Battery Warehouse, of Orange, Texas, submitted the lowest bid for an estimated total expenditure of $18,184.00 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, Interstate Batteries, of Beaumont, Texas, submitted a bid for an estimated total expenditure of $19,094.35 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, the bid submitted by Interstate Batteries, of Beaumont, Texas, also included a valid Local Bidder Consideration Claim Form, attached hereto as Exhibit "B;" and, WHEREAS, after applying the five percent (5 %) threshold to the local bid in accordance with the Local Bidder Preference Policy, the Interstate Batteries bid of $18,139.63 is less than the lowest non -local bid submitted by Battery Warehouse of Orange, Texas; and, WHEREAS, City Council is of the opinion that it is in the best interest of the City that the local bid submitted by Interstate Batteries, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the local bid submitted by Interstate Batteries, of Beaumont, Texas, for a six (6) month contract, with an option to renew for an additional six (6) months, for the purchase of automobile batteries for use by the Fleet Maintenance Division for an estimated total expenditure of $18,139.63 in the unit amounts shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont, and, BE IT FURTHER RESOLVED THATthe City Manager be and he is hereby authorized to execute a contract with Interstate Batteries, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of July, 2014. - Mayor Becky Ames - O 4 ,fir d 0 z �! CD 33 !, �• M M1 O T T n < n n w w v 0 3 _ �aoc C C (A a m 0 aWa 10 �oVOv V i -4 Lno 00 .' ° m V O O O O 3 � Z O i W V W� In 61 d N T V1 O L9 4A mw011nv7mm-N.A 4A VI N iA(A{A /A {A 4A V 4604 V 4A m.-o T c W w V�nOtn�OAtOt00001� Z 0000000000000m'� 0 0 0 0 0 0 0 0 0 0 0 0 0 � n AO:5 ww 4A "4n+A 404 4^ 4604 4A v+w w xn D 0 rQ -• V w V N N V V V V O O V X X m m m a LA aQ 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 m 00 c O N 404 IJf{A/A �vA 4n W 4q 40% � /.H co X m O y 0 ON�ONOOw00 W T O 0 morn- -�oo+oo�nZ w 0090 40 °o °o o O ° ° o o m y m p o 0 0000000000 O O O p m 0 V w a to A to 0) A A 0) 0101 Z W Ol Ol l0 N � l0 V1 lD lD a V dl -•I iD iD to iD to O LO w iO iO iO iO iO m to V1 V1 V1 n (n V1 V1 V1 Vn to M In W� m m �_ �_ CD 3 Ni m m m m m a 00 N N 00 n ;M0 0 0 (p ��70 go,c) m -. 03 0000000000 CD -I ° m m x 69 69 b9 69 (/) N tOq 6q .q cya v> .q O1 va v> J !^ w ;0 m O W N A A 0) A N ut N W Vt to tD n Z �D tntn.0) 00oaaAwtD Ili R p A o� w 000) 4" m W LO 00 A N to 0) CO to V V O to W p to CD to Vi O to to vt to O to O vi w cv t� to vq 4A 4,a to w w vq to tya T c N a A a V V a tD V V O O O 2R Z Cp lJ'I W In Q A O W O N w w O m 01 to tD W u, a W a A A lD tO W O n A cn m Gn W a v, NN D O a A -{ In o00o000000000mm In O Vl Vl Vl Vl Vl In VI N N to X ;0 �v m 0 0.0.0.0 0 0 0 0.0 0 0 0 (D(DD � Q o Z Z T m O N Vi b'1 W W 6n 64 kR ...1 H9 b9 b'9 kA 6A IV a 70 m W a W Ol t.n lD m W Dl A V7 W V ut Z 00 ��towiv00AuttoM0CDm p O wO w -I O to O to ut p Va m to -- m N tD Vi W O a N A A W W v N N vi tD to O 61 LO fv O O O 6A L' b'f kR bA 4 9 69 kA iA lA 4R to c to to O lO N O lO a cD a -n V 0) V V R V tD tO w w w V 0 0 w 0 S n W M= m va svtat�� cats wts tav, 2 nl c - D{q � yq � _. � � � � � N N � D O 00 W 3 -4 �� O 0o In V Vi VI In In In Vl Vl N N V7 /� j0 m X oem 0000000000000 n0o0000CD „om 1D S. Z z ° m ai x Q° s N W b9 4.9 W 69 N X77 u' of �s wNtnA v+ w - w V tf nNoAatocDmn w O0 4s w - :,j m Z to VwN tD stn nwm0�wm a a 00AAa V V toww wm� p O OaAa waA w wa -yin N ---tD to 0, 0) LO tD Vi0000 EXHIBIT "A" n W c ad ,fir d 0 z �! CD 33 !, �• M M1 O T a W W N 0 0 Cr m O X ry O N A n 0) O. N O tOD N W 7 c 3 n 0 3 m d O O V Z3 N ti Ul 0 CO d X N [) C O N 0 A 0 D c 0 9 0 CD W m m CD N -00 0� m O NT W zm O D v c <Z Z W v D vc D O W z c :-q r --I Dxm OD z N RICH WITH OPPORTUNITY B I City of Beaumont Beaumont, Texas T • E • x , A • S LOCAL BIDDER CONSIDERATION CLAIM FORM Form Revised 4/1/13 /bd Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to consider a vendor's location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local bidder would provide the best combination of price and other economic benefits to the municipality. The City of Beaumont has determined that the allowable preference shall be applied to local vendor bids for the purposes of evaluation when in the best interest of the City to do so. This request form and any attachments must be submitted with bid package to be considered by the City of Beaumont. Questions should be addressed to the Purchasing Division at 409 - 880 -3720. Exclusions to the local preference include those purchases that are: sole- source, emergency, federally - funded, cooperative contracts, Requests for Quote or Proposal, or via interlocal Agreement as well as telecommunication services. The City reserves the right to accept or reject any bid or combination of bids. The City requires the information below for consideration of a local bidder preference. (Information may be submitted in an attachment to this form.) 1) Location Eligibility: Principal place of business in Beaumont, Texas. Principal place of business is defined herein as: Business must own or lease a commercial building or space within the corporate city limits of Beaumont, which is used as a home base for 25% or more of its inventory and workforce. Business must be in operation for at least two (2) years. A location utilized solely as a post office box, mail drop, or telephone message center, and without any substantial work function or inventory, does not qualify. a) If yes, identify name of Business /DBA, address, and business structure (sole proprietorship, partnership, corporation, or other). Name of Business /DBA: Kingsbury Enterprises, Inc. /DBA Interstate Batteries of Beaumont - Pt. Arthur Address: 6008 College Street City: Beaumont State TX zip 77707 Business Structure: Sole Proprietorship Partnership X Corporation Other b) Name and city of residence of owner(s) /partners /corporate officers, as applicable. Name: Joseph L. & Phyllis E. Kingsbury City of Residence: Beaumont 2) General Business Information: a) Year business established (Beaumont location) b) Most recent property tax valuation of real and personal property. (Please attach.) c) Annual taxable sales (originating in Beaumont). $ 291,420.00 $ 246,877.45 1987 d) Is business current on all property and sales taxes at the time of this claim? YES x NO e) Total number of current employees: 9 Number of Beaumont - resident employees: 7* 3) Economic Development benefits resulting from award of this contract: a) Will award of this contract result in the employment/retention of residents of the City of Beaumont? YES b) Number of additional jobs created: 0 or retained for Beaumont resident - employees C) d) Will subcontractors with principal places of business in the City of Beaumont be utilized? YES x Local subcontractors utilized, if applicable. Name, location, and contract value for each. Name: Interstate All Battery Center Address: 6008 College Street Beaumont, TX 77707 Contract Value: $ Gel cell or alkaline batteries we suoDly to the city will he nurrhaserl frnrr x NO 1 NO e) Will award of this contract result in increased tax revenue to the City? YES x NO 0 If Yes, check types of taxes. x # ** Property Taxes Sales Taxes Hotel Occupancy Taxes g) Other economic development benefit deemed pertinent by applicant. Local Vendor Preference Information for Bid Specifications (Revised 4/1/13 /bd) - Page 4 of 5 EXHIBIT "B" xccrt wcrx ortoerotusrx E1 Ic T+ E+ X+ A+ S City of Beaumont Beaumont, Texas LOCAL BIDDER CONSIDERATION CERTIFICATION Certificate of Information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. City Bid Number /Quote for which the local preference is requested: Bi0514 -32 Interstate Batteries of Beaumont - Pt. Arthur Print Bidder's Company Name Joseph L. Kingsbury Print Name of Bidder N Signatu of 'dder 'y THE STATE OF TEXAS § COUNTY OF JEFFERSON § City Bid or Quote Number ---z C -_ it It Date I< - '^ Appeared before me the above -named �� , 1 " rt K)IS, bu-'r- known to me to be the same, and swore that the information provided in responnee to the foregoing questions are true and correct to the best of his/her knowledge and belief, this day of 1 / I 20 1 T T SHOCKLEY t Notary Public, State Of Tent �'EOf MY COIIlrnipion t 10-19.2014 Z•Ar r �r.w.r..u..r wtyi�r �.+rr i+rAL.v�r wp� Form Revised 411/13 /bd Notary Public, St /ate of Te f Printed Name (0 - , )-c-) /Z/-/ Commission Expires (Date) Local Vendor Preference Information for Bid Specifications (Revised 4/1/13 /bd) - Page 5 of 5 RICH WITH OPPORTUNITY r T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., City Engineer �- July 1, 2014 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Air Comfort, Inc. for the placement of fiber optic cable in public right -of -way. BACKGROUND Air Comfort, Inc. is requesting to route 170 feet of fiber optic cable from their existing location at 625 North Main to their new constructed building located at 590 North Main. The fiber optic cable will be placed in the public right -of -way in the Central Business District. The new building will assist them in the assembly of their air conditioning units. FUNDING SOURCE Air Comfort, Inc. will pay the City of Beaumont and initial application fee of $500.00 and an annual fee of $297.50 ($1.75 per linear foot). RECOMMENDATION Approval of Resolution. L00� RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Air Comfort, Inc., of Beaumont, Texas, for the placement of 170 linear feet of fiber optic cable in the public right -of -way from their existing location at 625 North Main Street to their newly constructed building located at 590 North Main Street for an initial application fee of $500, an inspection fee of $500.00, and an annual fee of $1.75 per linear foot wherein said parties shall confer and negotiate in good faith on a new annual fee rate in 2020, to become effective January 1, 2021 and every ten (10) years thereafter. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of July, - Mayor Becky Ames - PUBLIC RIGHT -OF -WAY USE AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, Air Comfort, Inc. desires to use certain public right -of -way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Air Comfort, Inc. must obtain a license in order to use the public right -of -way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Air Comfort, Inc.; and, NOW, THEREFOR; The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Air Comfort, Inc. that Air Comfort, Inc. may lay, maintain, operate, replace or remove a fiber optic communication system (the "system ") for the transportation of communications in, on, under or across the streets, alleyways and easements set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out herein and subject to the following conditions: (a) The system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Air Comfort, Inc. or an Air Comfort, Inc. contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas Department of Transportation, if applicable. The system is to be installed a minimum of thirty -six inches (36 ") below the existing flow line of the EXHIBIT "A" adjacent drainage ditch, when crossing or placed in said ditch. Air Comfort, Inc. will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one -time charge of Ten Dollars ($10) plus Five Dollars ($5) for each day of construction. (c) The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, water lines, or other facilities. (d) The system shall be installed in such a manner as to provide a twelve (12) inch vertical clearance and a thirty -six (36) inch horizontal clearance with existing water or sanitary sewer lines. All excavations within the right -of -way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right -of -way. (f) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Air Comfort, Inc. shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and /or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (g) The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (h) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right -of -way features as a result of this installation will be borne by the owner of the system. (i) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right -of -way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. (j) Barricades, warning signs, lights, and flagmen - will be provided and installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by an Air Comfort, Inc. contractor when, in the 11 opinion of the City Engineers, such is necessary for the safe installation of the system. Air Comfort, Inc. or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Air Comfort, Inc. or its contractor of additional barricades, warning signs and lights or flagmen as be necessary. In the event Air Comfort, Inc. or its contractor does not comply with the barricading standards, the City Engineer may order Air Comfort, Inc. and its contractor to stop work; but only until compliance is achieved. (k) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Air Comfort, Inc. for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Air Comfort, Inc. rights to recover damages against any contractor or third party who may be responsible for damages to Air Comfort, Inc. facilities. (1) If the City requires Air Comfort, Inc. to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right -of -way provided by the City, Air Comfort, Inc. shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to Air Comfort, Inc. If these requirements impose a financial hardship on Air Comfort, Inc, Air Comfort, Inc. shall have the right to present alternative proposals for the City's consideration. If the City requires Air Comfort, Inc. to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right -of -way, Air Comfort, Inc. shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Air Comfort, Inc. for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Air Comfort, Inc. facilities; provided, however, the City shall never be liable for such reimbursements. (m) Air Comfort, Inc. shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Air Comfort, Inc, except to 3 the extent arising from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont, its employees or agents. Neither party shall be liable to the other for any consequential, special, or indirect damage hereunder. (n) If the system or any part thereof installed by Air Comfort, Inc. shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Air Comfort, Inc. shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by the City or such public agencies wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Air Comfort, Inc. from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (o) Recovery by Air Comfort, Inc. for damages that occur to Air Comfort, Inc. facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by Air Comfort, Inc. (p) 'rhe system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall be at Air Comfort, Inc. expense. Such damages shall be limited to actual damages and no loss of revenue damages. (q) Air Comfort, Inc. contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten (10) days written advance notice to the City. (r) Air Comfort, Inc. shall make payment to the City of Beaumont as follows: • initial agreement fee of $500, payable upon execution of this agreement; • annual fee of $1.75 per linear foot in the City right -of -way which sums shall be upon execution of agreement and each year thereafter. Said parties shall confer and negotiate in 4 good faith on a new rate in 2020, to become effective January 1, 2021 and every ten (10) years thereafter. • inspection, engineering and other costs during the period of initial construction in the amount of $500.00, payable upon receipt of invoice. (s) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Air Comfort, Inc. (except as provided in Paragraph k) shall be reimbursed to the City by Air Comfort, Inc. upon written request therefore, which shall include evidence of such costs. (t) Air Comfort, Inc. agrees that it shall mark the location of its system within forty -eight (48) hours after receipt of notification of proposed construction. Air Comfort, Inc. maintains a toll -free telephone number to be called for location of the system. Should Air Comfort, Inc. fail to locate the system for the City within forty -eight (48) hours of request duly acknowledged, Air Comfort, Inc. shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice, Air Comfort, Inc. audio tape of telephone messages shall provide proof of notification, which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to Air Comfort, Inc. (u) Air Comfort, Inc, at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided to the City within sixty (60) days after completion of the project. (v) This agreement may not be assigned by Air Comfort, Inc. to any other company or legal entity without the prior written approval by the City of Beaumont's Public Works Director, except that Air Comfort, Inc. may assign its rights and obligations under this agreement to Air Comfort, Inc. parent, subsidiary, affiliate or successor entity without such consent, so long as the parent, subsidiary, affiliate or successor (1) assumes all obligations of Air Comfort, Inc. under this agreement; and (2) is bound to the same extent as Air Comfort, Inc., and (3) the City is notified of the assignment within sixty (60) days and is furnished a written document within which the assignee assumes all obligations under this license. (w) Should any other company or legal entity, other than Air Comfort, Inc. or Air Comfort, Inc. parent, subsidiary, affiliate or successor as authorized in section (v), use the system installed under this agreement under the rights granted herein without notification of the City of Beaumont's Public Works Director, such use shall be a violation of this agreement and Air Comfort, Inc. will cease all use of the system and the City may take steps necessary to 5 enforce a cancellation of this agreement, including removal of some portion or all of the system upon thirty (30) days written notice to Air Comfort, Inc. The City shall give Air Comfort, Inc. written notice of any violation of this agreement. If Air Comfort, Inc. fails to correct such violation within sixty (60) days of such notice, this agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Public Works Department PO Box 3827 Beaumont, Texas 77704 (409) 880 -3725 Air Comfort, Inc. Slate Babineaux 625 N. Main Beaumont, TX 77701 (409) 833 -5665 NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOWS: The above - stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Air Comfort, Inc. after the date of this agreement shall be construed as evidence of Air Comfort, Inc. acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. 6 IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of _ , 2014 ATTEST: City Clerk ATTEST: 7 THE CITY OF BEAUMONT IC Kyle Hayes, City Manager Title: EXHIBIT "A" Air Comfort, Inc. Contact: Slate Babineaux, Vice President Cell: 409 - 893 -6637 Phone: 409 - 833 -5665 Fax: 409 - 833 -3001 Email: s.babineauxnair- comfort- inc.com Address: 625 N. Main Beaumont, TX 77701 Fiber Optic Installation Total Linear Feet 170 RICH WITH OPPORTUNITY r C► � T - E - X - A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND C City Council Agenda Item City Council Kyle Hayes, City Manager Sherry Ulmer, Public Health Director July 1, 2014 Council consider a resolution authorizing the City Manager to execute all documents necessary for an affiliation agreement between The City of Beaumont's EMS Division and Training Division.com. Training Division.com is requesting an agreement with the City of Beaumont's Emergency Medical Services Division to provide clinical experience to its students majoring in the Emergency Medical Services Program. The responsibilities of Training Division.com will include but not be limited to the following: - provision of classroom theory; - preparation of student assignments; - continuous communications with Beaumont EMS regarding student performance; and - supervision of students. The responsibilities of Beaumont EMS will include but not be limited to the following: - acceptance and reasonable orientation of students; - coordination of the college's assignment schedule, - assistance in evaluation of each student; - designation of an individual to serve as liaison with the college; - provision of basic medical care to students in case of an emergency; - provision of reasonable opportunities for students to observe and assist in various aspects of patient care; and - ultimate control of responsibility of patient care. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. Training Division.com EMS Agreement for Ambulance Internship This contract and agreement made and entered into this 3rd day of June 2014 by and between Training Division.com and Beaumont EMS. WHEREAS, it is agreed by the aforementioned parties to be of mutual interest and advantage that the students enrolled in Training Division.com be given the benefit of the educational facilities for clinical practice of EMT's and Paramedics in the care of patients and whereas Training Division.com on this date authorizes the execution of a contract to cover such services. Therefore Training Division.com effects the following affiliation with Beaumont EMS for a mutually agreed upon number of students enrolled in Training Division.com. This contract is set up for a 36 month renewal. Either party may terminate this agreement by giving a 90 day notice in writing to the other party b_y, certified mail. SPECIFIC RESPONSIBILITIES OF TRAINING DIVISION.COM I . It shall be the responsibility of Training Division.com after consultation with Beaumont EMS to plan, coordinate and implement the educational program for the internship period. 2. Training Division.com will provide qualified instructors to teach all prescribed classes in the EMS program including clinical laboratory practice. In addition. Training Division.com will provide direction to qualified Beaumont EMS personnel who may be assisting with the selected portions of the teaching and /or supervision. 3. Training Division.com will provide administrative functions including admission of student, scheduling of classes and clinical experience, maintaining of attendance records, and maintaining achievement records similar to those maintained for all students at Training Division.com and those by the Texas Department of State Health Services. 4. Training Division.com students and faculty are not to represent themselves as employees of Beaumont EMS at any time. Training Division.com students are to wear a Training Division.com uniform with ID badge recognizing the individual as a Training Division.com student. �. Faculty and students of Training Division.com will abide by the policies and procedures of Beaumont EMS., while using its facilities and equipment. 6. Training Division.com, after consultation with Beaumont EMS personnel, will select suitable clinical experience situations to enable students to meet the objectives of the prescribed curriculum. 7. Training Division.com will provide orientation to Training Division.com students for Beaumont EMS. 8. Training Division.com will reimburse Beaumont EMS for any loss or damage of any equipment caused by students or instructor's use of said equipment. 9. The Clinical Coordinator of Training Division.com and /or his designee will provide Beaumont EMS with the learning objectives for Training Division.com students participating in the clinical training through designated departments. 10. The Clinical Coordinator of Training Division.com or his designee will provide Beaumont EMS with a schedule containing days of the week and times of the day to be reserved for Training Division.com students in designated departments. This schedule will be updated monthly or as needed upon agreement of both parties. 11. The Clinical Coordinator of Training Division.com or his designee will provide Beaumont EMS with a notification email and the EMS Director's telephone number. 12. Training Division.com faculty and students will be covered by a $1,000,000 liability insurance policy. 13. Training Division.com will indemnify and hold harmless Beaumont EMS from acts of negligence occasioned by Training Division.com students and faculty. 14. Training Division.com faculty will coordinate committee meetings between Training Division.com instructors, appropriate Beaumont EMS personnel and physicians for the purpose of reviewing education goals and progress made in meeting these goals. 15. The Clinical Coordinator of Training Division.com or his designee will coordinate meetings with the EMS Director or his /her designee. 16. The student will be required to provide their own personal medical insurance. The student will be responsible for any injuries that are sustained to his or her persons while on a clinical rotation with Beaumont EMS. SPECIFIC RESPONSIBILITIES OF Beaumont EMS I . Beaumont EMS shall provide facilities for Training Division.com students to practice in designated areas. 2. Permit the use of cafeteria facilities by students and instructors. 3. Provide equipment and supplies needed for the care of the patient. 4. Maintain high quality patient care and an environment in which progress planning is made. 5. Provide Training Division.com copies of policies and procedures that pertain to students. Retain responsibility of patient care. Any student found negligent may be refused permission to practice at Beaumont EMS. Permit Training Division.com to inform the Texas Department of State Health Services or any other governing agencies of the affiliation between both parties. To provide clinical experience for Training Division.com students. TERMINATION Either party may terminate this agreement by giving a 90 day notice in writing to the other party by certified mail. In addition to the aforementioned termination, either party may terminate this agreement if the required state licensing or regulatory agencies remove, suspend or in any way terminate the necessary accreditation or refuse for any reason to approve or once having approved the institution or program thereafter disapprove the institution or program. Such termination being exercisable by either party giving to the other written notice of such and the agreement on such other terms and at such other times as are mutually agreeable. IN WITNESS THEREOF the parties here to have caused the agreement to be executed by their duly authorized officers on the day and year above written. Training Division.com EMS Clinical Coordinator Brian Pope 10300 FM 1902 Crowley Texas, 76036 City of Beaumont Kyle Hayes, City Manager Beaumont EMS Max Nguyen , EMS Manager EMS Headquarters 2870 Laurel Beaumont, Texas 77702 Date Date Date RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into an affiliation agreement between the City of Beaumont EMS Division and Training Division.com for the sole purpose of clinical experience and educational purposes under the supervision of the EMS Division. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of July, - Mayor Becky Ames - Ft ''II 'A'ITII (1PP4)RT11 N IT'Y �r 11EA,11M0N*T • E - X *A • `7 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 1, 2014 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 -3 /Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving the award of three contracts for temporary personnel services 2. Consider a resolution authorizing the award of a bid to Allco, Inc. of Beaumont for the concrete repair of sections of Tyrrell Park Road 3. Consider a resolution authorizing the award of a contract to Conroe Pipe. Inc. for the purchase of Precast Concrete Box Culverts COMMENTS * Councilmembers /City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) 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. n July 1, 2014 Consider a resolution approving the award of three contracts for temporary personnel services RICH WITH OPPORTUNITY [I 11C Ai ( T • E • X • A • s City Council Agenda Item Im City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 1, 2014 REQUESTED ACTION: Council consider a resolution approving the award of three (3) contracts for temporary personnel services in the estimated total amount of $719,527.20. BACKGROUND Specifications for the contract require temporary staffing agencies to provide pre- screened and qualified individuals on an on -call and as- needed basis. Temporary employees must pass a drug screen and a criminal background search prior to being assigned to the City. The contract specifications requested firm hourly prices inclusive of wages, benefits, testing, screening, workers compensation, taxes, and agency fees. Eight (8) vendors were solicited and four (4) companies submitted bids for an annual contract to provide temporary employees to fill positions in business offices, skilled and unskilled laborers, equipment operators, and Licensed Vocational Nurses (LVN). Three (3) of the four (4) submitted valid bids. The fourth, Jolt Consulting, Inc., of Houston submitted a non - conforming bid and was rejected. Administration recommends awarding of this bid in the Primary, Secondary and Tertiary format as the best value to the City. Administration recommends the award of annual contracts to Lofton Staffing, Inc., of Beaumont, as primary vendor; to Advanced Staffing, Inc. of Beaumont, as secondary vendor; and to Personnel Staffing, Inc., of Beaumont, as tertiary vendor. Total contract value is based on actual billed hours over the past twelve (12) months for each labor skill group. Annual Contract for Temporary Personnel Services June 24, 2014 Page 2 vendor Office I Office H Skilled Unskilled Equipment Equipment LVN Labor Labor Operator I Operator 11 Hourly Hourly Hourly Hourly Hourly Hourly Hourly Rate Rate Rate Rate Rate Rate Rate 2,200 Hrs 1,000 Hrs 7,260 Hrs 150 Hrs 52,300 Hrs 850 Hrs 100 Hrs Lofton Staffing, Inc. Beaumont, TX $10.80 $11.47 $12.15 $10.80 $14.85 $16.20 $20.25 Advanced Staffing, Inc. Beaumont, TX $11.70 $12.35 $12.54 S11.88 $16.20 $17.55 $21.60 Personnel Staffing. Inc. Beaumont. TX $11.93 $13.25 $11.93 $13.25 $15.90 $17.23 NO BID FUNDING SOURCE Funds are available for this expenditure in the user Departments' operating budgets. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract to provide temporary personnel services; and, WHEREAS, Lofton Staffing, Inc., Advanced Staffing, Inc., and Personnel Staffing, Inc., all of Beaumont, Texas, submitted bids for the categories and at the hourly rates shown below: Vendor Office I Office II Skilled Labor Unskilled Equipment Equipment LVN Hourly Rate Labor Operator I Operator 11 Hourly Rate Hourly Rate Hourly Rate 150 Hrs hourly Rate Hourly Hourly 2,200 Hrs 1,000 Hrs 7,260 Hrs 52,300 Hrs Rate Rate Lofton Staffing, Inc. $10.80 $11.47 $12.15 $10.80 $14.85 $16.20 $20.25 Beaumont. TX Advanced Staffing, Inc. $11.70 $12.35 $12.54 $11.88 $16.20 $17.55 $21.60 Beaumont. TX Personnel Staffing, Inc. $11.93 $13.25 $11.93 $13.25 $15.90 $17.23 NO BID Beaumont. TX and, WHEREAS, City Council is of the opinion that the bid submitted by Lofton Staffing, Inc., of Beaumont, Texas, as primary vendor; the bid submitted by Advanced Staffing, Inc., of Beaumont, Texas, as secondary vendor; and, the bid submitted by Personnel Staffing, Inc., of Beaumont, Texas, as tertiary vendor, as shown above should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Lofton Staffing, Inc., of Beaumont, Texas, as primary vendor; the bid submitted by Advanced, Staffing, Inc., of Beaumont, Texas, as secondary vendor; and, the bid submitted by Personnel Staffing, Inc., of Beaumont, Texas, as tertiary vendor, for an annual contract to provide temporary personnel services for the categories and at the hourly rates shown above be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Lofton Staffing, Inc., Advanced Staffing, Inc., and Personnel Staffing, Inc., for the purposes described herein. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of July, - Mayor Becky Ames - N July 1, 2014 Consider a resolution authorizing the award of a bid to Allco, Inc. of Beaumont for the concrete repair of sections of Tyrrell Park Road RICH WITH OPPORTUNITY r T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., City Engineer . � /1 July 1, 2014 REQUESTED ACTION: Council consider a resolution authorizing the award of a bid to Allco, Inc. of Beaumont in the amount of $22' ),040.62 for the concrete repair of sections of Tyrrell Park Road. BACKGROUND During installation of a pipeline on the Keystone Project in the fall of 2013 sections of Tyrrell Park Road were damaged from heavy equipment being used. The contractor Sunland Construction, Inc., made an agreement with the City of Beaumont to pay $150,000.00 for damages to the road. The proposed improvements include replacing the damaged sections of the concrete with new 8" thick reinforced concrete. On Thursday, June 19. 2014 bids were solicited for furnishing all labor, materials, equipment and supplies for the rehabilitation/repair of concrete sections of Tyrrell Park Road. Five (5) bids were received as follows: Contractor Bid Amount Location Allco, Inc $223,040.62 Beaumont, TX Bruce's General Construction, Inc. _ $226,723.00 Beaumont. TX _ APAC- TEXAS, Inc. $293,921.80 Beaumont, TX _ MK Constructors _ $299,508.20 Vidor, TX Brystar Contracting, Inc. _ $303,931.00 Beaumont, TX FUNDING SOURCE April 9, 2014 Sunland Construction, Inc., paid the City of Beaumont $150,000.00 for damages caused to Tyrrell Park Road during the installation of the pipeline. Funds are available for the balance in the Capital Program. RECOMMENDATION Approval of Resolution. No Text gUNI,AND CONSTRUCTION, INC. Remittance Advice Pace I or I Check: 863461 Paid by: SUNLAND CONSTRUCTION, INC. Our Account #: Date: 04/09/14 Paid to: CITY OF BEAUMONT- PUBLIC WORKS Vendor Code: CIT051 Amount: 150,000.00 Inv. Date Invoice No. Job Number Inv. Amount Discount Amount Paid Retention Remarks 04/09/14 040914 4637 150,000.00 0.00 150,000.00 0.00 release Check Totals 150,000.00 0.00 150,000.00 0.00 DETACH AND RETAIN THIS STATEMENT FMDC -CON 96001 10/96 CHASE - � - /PM p Che C BMf. , N.A.. DATE • fl,Yk . . n fio�yn, l .ne 7,f8�1 j SUNLAND CONSTRUCTION, INC. sa -ts 04/09/14 JP..O. DRAWER 1067 - FUNICC, LA 70535 - (337) 546.0241 654 663461 PAY "ONE HUNDRED FIFTY THOUSAND AND XX / 100 DOLLARS 150,000.00 CITY OF BEAUMONT- PUBLIC WORKS TOTHE ATfN: PATRICK DONART ORDER of PO BOX 3827 SUNI.,AND CONSTRUCTION, INC. BEAUMONT, TX 77704 .v ' Li ,1686 346 i,1' 1:06 5400 13 71: 1 596009090 ,10 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 to Allco, Inc., of Beaumont, Texas, in the amount of $223,040.62 for furnishing all labor, materials, equipment and supplies for the rehabilitation /repair of concrete sections of Tyrrell Park Road. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of July, - Mayor Becky Ames - 3 July 1, 2014 Consider a resolution authorizing the award of a contract to Conroe Pipe, Inc. for the purchase of Precast Concrete Box Culverts RICH WITH OPPORTUNITY [I 17C A► [I 1�1 C1 11 * T - E - X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., City Engineer N� July 1, 2014 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract to Conroe Pipe, Inc. for the purchase of Precast Concrete Box Culverts in the amount of $199,944.00. BACKGROUND Drainage District 6 has proposed that the City of Beaumont participate in a joint effort to improve the drainage capacity of ditch 119 to eliminate flooding during heavy rain events. Drainage ditch 119 provides drainage for more than thirty residential streets. Please see "Attachment A" for an illustration of the drainage area. Drainage District 6 has performed a drainage study of the area and determined that ditch overflows onto Howell Street can be avoided by installing drainage box culverts with larger capacities under the roadway pavement at Belvedere and Howell Street crossings. See "Attachment B" for an illustration of the overflow observed at Howell Street on October 31, 2013. Previous overflows have undermined the integrity of the base under Howell Street resulting in pavement failures. Drainage District 6 has agreed to provide the equipment and labor to install the proposed box culverts and construct the concrete transitions from the boxes to ditch 119 provided the City of Beaumont supplies the proposed box culverts. On May 29, 2014 the City of Beaumont received one (l) bid for the Purchase of Precast Box Culverts in the amount of $199,944.00. The estimated cost prior to receipt of bids was $200,000.00. FUNDING SOURCE Capital Program_ RECOMMENDATION Approval of resolution. z 0 C-) z LLJ 3: 0 C) N DEL-AWARE WILCHE C, r,��fiR EXHIBIT A cn O r. 1 f r � xa e al¢ f t ol It �t , t 1 t 4k ♦ d V S I a Cl P Z w Z ur a a O Z O d s �+ O O Q .n c � o m cL r Z O 7 Z 7 4p Z 4 d �,k �, 0 ~o- v P a J Z m ll1 7 © m m m s r � f J U U � s x 7c o m � O w v U � a P y w 4 � N Z N 7� U 0 CD a� a� o N N N Y o N N � N f � U C�6 O m a �,k �, 0 ~o- v P a J Z m ll1 7 © m m m s r � f J U U � s x 7c o m � O w v U � a P y w 4 � N Z 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 to Conroe Pipe, Inc., of Conroe, Texas, for the purchase of 180 linear feet of 9'x 5' precast concrete box culverts and 180 linear feet of 10' x 3' precast concrete box culverts to be installed at Gravity Drainage District 6 Drainage Ditch 119 to eliminate flooding during heavy rain events in the amount of $199,944; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Conroe Pipe, Inc., of Conroe, Texas, for the purposes described herein. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of July, - Mayor Becky Ames -