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Home My WebLink AboutPACKET MAY 30 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 30, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — May 23, 2017 Confirmation of committee appointments A) Approve Change Order Nos. 29 and 30 to the contract with the Texas Department of Transportation (TxDOT) for the Concord Road Project B) Approve the purchase of new playground equipment for Tyrrell Park C) Authorize the City Manager to sign a LYRASIS ArchivesSpace Service Agreement for the Tyrrell Historical Library D) Approve the City of Beaumont Investment Policy E) Authorize the City Manager to adopt policies in connection with the City of Beaumont's participation in Federal Funded Community Development Block Grant — Disaster Recovery (CDBG-DR) Projects and adherence to the Regulations described therein F) Accept maintenance of the street, storm sewer, water and sewer improvements in Barrington Heights Subdivision, Phase XI G) Authorize the acceptance of a fifteen foot wide Exclusive Storm Sewer Easement located in the 700 Block of Laurel Avenue known as the Crockett Street Parking Lot A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director —T114 MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution approving Change Order Nos. 29 and 30 to the contract with the Texas Department of Transportation (TxDOT) for the Concord Road Project. BACKGROUND Texas Department of Transportation (TxDOT) is managing the Concord Road Project. On July 26, 2012, TxDOT entered into an agreement with Tradeco Infrastructura, Inc., in the amount of $11,284,746.71 for the Concord Road Project. On June 10, 2015, Tradeco delivered a voluntary letter of default to TxDOT abandoning and terminating'the contract. The Surety Bond held by American Home Assurance Company, is acting in its capacity as the Surety for Tradeco and has chosen Texas Sterling Construction Co., as the Completion Contractor. On September 1, 2015, Texas Sterling Construction Co., was given the Notice to Proceed with a Substantial Completion Date set at November 23, 2016. Previous Change Order Nos. 1-28, resulted in a decrease of ($158,100.81) to the original awarded amount making the new contract amount $11,126,645.90. Proposed Change Order No. 29, in the amount of $149,835.16, which includes a $20,354.38 Engineering and Contingency charge, is being requested for compensation to the contractor for 36 days of project overhead and additional direct cost to the contractor due to utility conflicts, and the addition of 19 days to the original contract. In accordance with TxDOT Special Provision 004-017, Article 4.4A.1b "When a delay to the project completion occurs, reimbursement for the project overhead for the prime contractor will be made." If approved, the new contract amount will be $11,276,481.06. Proposed Change Order No. 30, in the amount of ($58,184.66), which also includes a ($7,904.10) Engineering and Contingency credit, is required to modify and adjust many existing item quantities, and the addition of new items needed in the redesign of Alignment D (Concord Loop) which was determined to be a cost savings during the course of construction. If approved, the new contract amount will be $11,218,296.40. Concord Road Change Order Nos. 29 & 30 May 30, 2017 Page 2 FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. Additional Direct Working Item Concept Costs Days EGCs Granted A Waterline Conflict T&M $3,558.19 2 Days 1 Day Work Sanitary Redesign due to B Conflict with AT&T $9,384.54 35 Days 35 Days (Dowlen to Garner) Gas Line Conflict with C Waterline Sta. 203+75 to $1,749.87 1 Day 0 Days 205+50 D Waterline Crossing at $9,683.85 2 Days 0 Days Garner Road Traffic Signal Inner Duct E Conflict with Inlet at E. $8,792.75 1 Day 0 Days Lucas Drive Gas Line Conflict with F Roadway Base at Sta. $0 0 Days 0 Days 150+56 AT&T Conflicts with Base G and Paving Sta. 150+00 to $0 0 Days 0 Days 152+00 Existing Waterline H Conflict with Proposed 3,135.22 1 Day 0 Days Waterline Concord Loop Existing Waterline I Conflict with Proposed $0 0 Days 0 Days Sanitary Sewer Time Extension / Contract $0 0 Days 0 Days Extension K New 8" Sanitary Sewer $0 3 Days 0 Days Crossing L Processing 12" of $0 0 Days 0 Days Subgrade M Double Lime Sta. 215+50 $0 0 Days 0 Days to Sta. 226+00 N Reduced Scope (Concord $0 (-26 Days) 0 Days Loop Redesign) Extended General O Conditions (EGCs) @ $0.00 0 Days 36 Days Total $2,491.01 /Day TOTALS: $36,304.42 19 Days $89,676.36 Item 502 Barricades 19 days equal 1 month of barricades @ $3,500.00 $3,500 / Month Change Order #29 19 Days added to $129,4so.78 Total contract TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 29 Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. 1. Outside funding provided by: CITY of Beaumont (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: M Existing F-1 Amended New [Check one] 3. Indicate the type and amount of funding: F ] Fixed Price (Lump Sum) M Actual Cost (a) Contract Items (Bid Items): (b) E&C*: (c) Indirect Cost**: TOTAL (Estimated Amount ) (a) x 0 enter (a+b)x o enter CCSJ: 0920-38-153 Project: HP 450(1) Highway: CS County: JEFFERSON District: BEAUMONT Contract Number: 07123217 129,480.78 Use as needed: I hereby acknowledge notification of the modifications 20,354.38 covered by this Change Order. 0.00 Date 149,835.16 By Typed/Printed Name Typed/Printed Title * The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in the "Estimated Cost" of the project. ** Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Funding for this Change Order has been arranged: TxDOT Representative Date Typed/Printed Name: TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1 TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 30 Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. 1. Outside funding provided by: CITY of Beaumont (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: ® Existing F] Amended New [ Check one ) 3. Indicate the type and amount of funding: 0 Fixed Price (Lump Sum) (Estimated Amount ® Actual Cost (a) Contract Items (Bid Items): -50,280.56 (b) E&C*: (a) x 0 = -7,904.10 enter - (c) Indirect Cost**: (a + b) x = 0.00 'enter TOTAL -58.184.66 CCSJ: 0920-38-153 Project: HP450(1) Highway: CS County: JEFFERSON District: BEAUMONT Contract Number. 07123217 Use as needed: I hereby acknowledge notification of the modifications covered by this Change Order. Date By Typed/Printed Name Typed/Printed Title * The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in m the "Estimated Cost" of the project. , ** Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Funding for this Change Order has been arranged: TxDOT Representative Date Typed/Printed Name: TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1 CONTRACT ID 092038153 CONTRACT ITEMS PROJECT NBR 092038153 CATG LINE ITEM SP DESCRIPTION NBR ITEM CODE NBR CHANGE ORDER NBR. 30 Page 2 of 3 UNIT UNIT ORIG + PREV QTY NEW AMOUNT PRICE REV QTY THIS CO QTY THIS CO 001 0085 01102001 000 EXCAVATION (ROADWAY) CY 4.00000 53,645.700 133.000 53,778.700 $532.00 001 0090 01322002 000 EMBANKMENT (FINAL)(DENS CONT)(TY A) CY 6.00000 4,507.900 -24.000 4,483.900 -$144.00 001 0100 01622002 000 BLOCK SODDING BY 3.05000 25,898.000 995.000 26,893.000 $3,034.75 001 0115 01682001 000 VEGETATIVE WATERING MG 25.00000 218.200 8.400 226.600 $210.00 001 0120 02602006 003 LIME TRT (EXST MATL) (6") SY 2.85000 58,493.560 -1,197.000 57,296.560 -$3,411.45 001 0125 02602016 003 LIME (HYD, COM, OR QK(SLURRY)) TON 155.00000 864.260 -17.800 846.460 -$2,759.00 001 0130 02762170 000 CEM TRT(PLNT MX) (CL L)(TY A)(GR 2)(6") SY 17.10000 55,274.000 -1,130.000 54,144.000 -$19,323.00 001 0150 03602018 003 CURB (TYPE 11) LF 4.00000 19,523.000 -479.000 19,044.000 -$1,916.00 001 0170 03602026 003 CONC PAV (JOINT REINF)(10") SY 40.00000 48,473.000 -995.000 47,478.000 -$39,800.00 001 0360 05302004 000 INTERSECTIONS (CONC) SY 46.00000 6,912.000 -60.000 6,852.000 -$2,760.00 001 0370 05302010 000 DRIVEWAYS (CONC) SY 44.00000 3,849.000 324.000 4,173.000 $14,256.00 001 0396 05312015 CONC SIDEWALKS (4") SY 34.82000 6,943.000 -142.000 6,801.000 -$4,944.44 001 0500 06662111 000 REFL PAV MRK TY I (Y) 4" (SLD)(100MIL) LF 0.42000 21,042.000 -192.000 20,850.000 -$80.64 001 0510 06662189 000 PAVEMENT SEALER 4" LF 0.18000 22,052.000 -192.000 21,860.000 -$34.56 001 0530 06682105 000 PREFAB PAV MRK TY C (W) (24") (SLD) LF 12.00000 458.000 -14.000 444.000 -$168.00 001 0555 06722015 034 REFL PAV MRKR TY II -A -A EA 4.00000 502.000 -4.000 498.000 -$16.00 001 0570 06782001 000 PAV SURF PREP FOR MRK (4') LF 0.05000 26,048.000 -192.000 25,856.000 -$9.60 001 0585 06782006 000 PAV SURF PREP FOR MRK (24") LF 0.85000 798.000 -14.000 784.000 -$11.90 001 0927 96082021 ADDTL CO DESCR 1 ADDTL CO DESCR 2 UNIQUE CHANGE ORDER ITEM 21 Inlet TY H Taps & Grates, Change Order # 30 (LS) & Steel Cost for Preordered Material, Change Order # 30 (LS) DOL 7,065.28000 0.000 1.000 CHANGE ORDER AMOUNT 1.000 $7,065.28 -$50,280.56 CONTRACTID FUNDING SOURCES 1. Work Program: 092038153 LOCAL Work Category: 3 CHANGE ORDER NBR. Amount: -$50,280.56 30 Page 3 of 3 RESOLUTION NO. WHEREAS, on July 26, 2012, the Texas Department of Transportation (TxDOT) entered into an agreement with Tradeco Infrastructura, Inc. in the amount of $11,284,746.71 for the Concord Road Project; and, WHEREAS, on July 9, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13-147 approving Change Order No. 1, in the amount of $88,965.21, including $12,085.19 for Engineering and Contingency charges, for modifications to the water, sanitary sewer, storm sewer, and conduit lines for the project; and, WHEREAS, on June 10, 2015, Tradeco Infrastructura, Inc. delivered a voluntary letter of default to TxDOT abandoning and terminating the contract; and, WHEREAS, the surety bond held by American Home Assurance Company is acting in its capacity as the surety for Tradeco and has chosen Texas Sterling Construction Co. as the completion contractor; and, WHEREAS, on December 15, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-295 approving Change Order Nos. 2, 3, 4 and 5, in the total amount of $37,798.99, including $5,134.81 for Engineering and Contingency charges, for the removal of water oak trees along SH 105; temporary drainage on SH 105 to aid the installation of water and sanitary sewer improvements; adjustment of sanitary manholes to match final paving; and, removal of three (3) existing sanitary manholes, respectively, thereby increasing the contract'amount to $11,411,510.91; and, WHEREAS, on March 4, 2016, the City Manager executed Change Order No. 6, in the amount of ($6,695.34), for alterations to the sanitary pipe from SDR -17 to SDR - 26, thereby decreasing the contract amount to $11,404,815.57; and, WHEREAS, on March 24, 2016, the City Manager executed Change order No. 7, in the amount of $6,614.94, including $898.61 for Engineering and Contingency charges, for realignment of 8" PVC waterline to avoid conflict with existing utilities at Concord Road and Garner Street, thereby increasing the contract amount to $11,411,430.51; and, WHEREAS, on February 9, 2016, the City Manager executed Change Order No. 8, in the amount of $0.00, to provide 87 additional working days to the contract, thereby having no affect on the contract amount of $11,411,430.51; and, WHEREAS, on March 8, 2016, the City Manager executed Change Order No. 9, in the amount of ($36,248.64), for adjustments to the unit price for concrete sidewalks, thereby decreasing the contract amount to $11,375,181.87; and, WHEREAS, on April 5, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-061 approving 'Change Order No. 10, in the amount of $55,461.32, including $7,534.15 for Engineering and Contingency charges, to revise quantities for items relating to the realignment of sanitary sewer lines from Dowlen Road to Garner Road to avoid conflict with established utilities, thereby increasing the contract amount to $11,430,643.19; and, WHEREAS, on March 4, 2016, the City Manager executed Change Order No. 11, in the amount of $3,229.88, to provide concrete collars to be placed at the Concord and Lucas Drive intersection, thereby increasing the contract amount to $11,433,873.07; and, WHEREAS, on May 25, 2016, the City Manager executed Change Order No. 12, in the amount of ($23,851.74), to add Fast Trac HES concrete to the cross street intersections and reduce the thickness of the roadway base, thereby decreasing the contract amount to $11,410,021.33; and, WHEREAS, on June 2, 2016, the City Manager executed Change Order No. 13, in the amount of $3,177.60, for inlet redesign changes due to a conflict with. a new waterline, thereby increasing the contract amount to $11,413,198.93; and, WHEREAS, on September 13, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-170 approving Change Order No. 14, in the amount of ($375,231.43) to eliminate storm sewer/inlets and proposed concrete payment on Alignment B of the Concord Loop, thereby decreasing the contract amount to $11,037,967.50; and, WHEREAS, on August 24, 2016, the City Manager executed Change Order No. 15, in the amount of $4,943.50, including $671.55 for Engineering and Contingency charges, to compensate the contractor for materials ordered due to an error in the plans, thereby increasing the contract amount to $11,042,911.00; and, WHEREAS, on August 29, 2016, the City Manager executed Change Order No. 16, in the amount of $6,017.44, including $817.44 for Engineering and Contingency charges, to increase the quantities of manhole sewer and wastewater pipe due to conflicts between the new sanitary sewer line and the existing gas and energy lines, thereby increasing the contract amount to $11,048,928.44; and, WHEREAS, on October 24, 2016, the City Manager executed Change Order No. 17, in the amount of $5,020.29, including $681.98 for Engineering and Contingency charges, for drying of subgrade and lime treatment, thereby increasing the contract amount to $11,053,948.73; and, WHEREAS, on November 22, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-241 approving Change Order No. 18, in the amount of $24,540.34, including $3,333.69 for Engineering and Contingency charges, to increase quantities of three (3) existing items to add lime and lime treatment which required one (1) additional month of barricade services, thereby increasing the contract amount to $11,078,489.07; and, WHEREAS, on November 22, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-241 approving Change Order No. 19, in the amount of $28,659.42, including $3,893.24 for Engineering and Contingency charges, to address additional work needed to construct a temporary construction detour, thereby increasing the contract amount to $11,107,148.49; and, WHEREAS, on October 24, 2016, the City Manager executed Change Order No. 20, in the amount of $3,068.03, including $416.78 for Engineering and Contingency charges, for additional signage needed for a detour at Eastex Freeway and the 105 Intersection due to a light pole conflict at the intersection, thereby increasing the contract amount to $11,110,216.52; and, WHEREAS, on October 24, 2016, the City Manager executed Change Order No. 21, in the amount of $4,412.77, including $599.45 for Engineering and Contingency charges, to address changes to the storm sewer for Concord Loop across from Judy Lane by adding a Ty A inlet and a 24" 22.5 degree bend to the contract specifications to alleviate ponding of water at the intersection, thereby increasing the contract amount to $11,114,629.29; and, WHEREAS, on January 19, 2017, the City Manager executed Change Order No. 22, in the amount of ($13,114.00), to allow for the elimination of storm sewer work between Garner Road and the drainage ditch, thereby decreasing the contract amount to $11,101,515.29; and, WHEREAS, on January 19, 2017, the City Manager executed Change Order No. 23, in the amount of $1,784.53, including $242.42 for Engineering and Contingency charges, to compensate the contractor for storm sewer reinforcement pipe tie-in to a 60" main trunk line at Garner Road, thereby increasing the contract amount to $11,103,299.82; and, WHEREAS, on February 3, 2017, the City Manager executed Change Order No. 24, in the amount of $1,620.95, including $220.20 for Engineering and Contingency charges, to add an item not originally bid to investigate conflicts with the existing gas and phone lines, thereby increasing the contract amount to $11,104,920.77; and, WHEREAS, on February 3, 2017, the City Manager executed Change Order No. 25, in the amount of $665.39, including $90.39 for Engineering and Contingency charges, to compensate the contractor for additional excavation embankment, thereby increasing the contract amount to $11,105,586.16; and, WHEREAS, on February 3, 2017, the City Manager executed Change Order No. 26, in the amount of $2,451.55, including $333.03 for Engineering and Contingency charges, to provide supplies for additional work to address ponding that was not covered in the original scope, thereby increasing the contract amount to $11,108,037.71; and, WHEREAS, on April 4, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-065 approving Change Order No. 27, in the amount of $12,150.60, including $1,650.60 for Engineering and Contingency charges, to allow for previous change order approvals which granted time extensions, causing overruns which pertained to storm sewer, water and sanitary lines, thereby increasing the contract amount to $11,120,188.31; and, WHEREAS, on May 24, 2017, the City Manager executed Change Order No. 28, in the amount of $6,457.59, including $877.23 for Engineering and Contingency charges, to add three (3) days to the contract along with compensation to the contractor for project delay overhead, thereby increasing the contract amount to $11,126,645.90; and, WHEREAS, Change Order No. 29, in the amount of $149,835.16, including $20,354.38 for Engineering and Contingency charges, is required for compensation to the contractor for 36 days of project overhead and additional direct cost to the contractor due to utility conflicts, and the addition of 19 days to the original contract, thereby increasing the contract amount to $11,276,481.06; and, WHEREAS, Change Order No. 30, in the amount of ($58,184.66), including ($7,904.10) for Engineering and Contingency credit, is required to modify and adjust many existing item quantities, and the addition of new items needed in the redesign of Alignment D (Concord Loop), thereby decreasing the contract amount to $11,218,296.40; 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. 29 for additional work described above, thereby increasing the contract amount by $149,835.16 for a total contract amount of $11,276,481.06 for the Concord Road Project; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 30 for additional work described above, thereby decreasing the contract amount by ($58,184.66) for a total contract amount of $11,218,296.40 for the Concord Road Project; and, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of new playground equipment for Tyrrell Park. BACKGROUND The playground equipment will be purchased from KOMPAN Playground Solutions of Pflugerville, Texas, in the amount of $98,644. This equipment will replace the equipment which was removed in 2016 due to its age and need of repairs and upgrades. KOMPAN Playground Solutions, is a member of the U.S. Communities Government Purchasing Alliance, (U.S. Communities), a national cooperative purchasing association. U.S. Communities provides cities and political subdivisions with the means to purchase materials and equipment at volume pricing. U.S. Communities complies with State of Texas procurement statutes. If approved, the playground equipment should be delivered and installed in eight weeks. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. MI'll-M • Iv Ct IT$ IT'' ol Inn R 11 -in O 201 , , " I I'- . -0� Ir' -.'If 4« cis 4 -, W�'I'l A! -ep 4 V Ell MR, WAORMWONTIMMVP 117 'm 'WIN � `` � "" a � �! '' jai m AM, ^1, ONO 17. Art i of Qw-v k4l U A, 04X. WER x! ? �%R. �4,L,� Tx . 't 't� ! � �t ., 5, �WZIN % �Z4 KOMPAN1. VCOROCORD SALES PROPOSAL KOMPAN, INC. * 930 Broadway, Tacoma, WA 98402 * Tel 1-888-579-8223 * Fax 1-888-579-8224 * www.kompan.com U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE Site Location: 250141 Tyrrell Park Jimmy Neale 5305 Tyrrell Park Rd. Beaumont, 77705 United States Invoice -to: City of Beaumont 2930 Gulf Street Beaumont, TX 77703 United States Jimmy Neale 250141 Date 05/19/17 Expiration Date Proposal No. SP45944 Project Tyrrell Park Ship to State/Zip TX 77705 Customer Service Representative Chandler Nelson Sales Representative Matt Machin Payment Terms DEP50%&N30 Ship -to: Tyrrell Park 5305 Tyrrell Park Rd Beaumont, TX 77705 United States Jimmy Neale Qty. Item No. Description Unit Price Retail Price Disc. % Net Price U.S. Communities Contract #110171 1 CUSTOMINSTALL Installation 21,152.50 21,152.50 5.00 20,094.87 Total 98,644.87 Comments: EQUIPMENT 1 COR314011-1101 MACRO SPACENET 21,800.00 21,800.00 10.00 19,620.00 2 GXY916000-3417 SUPERNOVA - NIGHT SKY BLUE 7,950.00 15,900.00 10.00 14,310.00 1 GXY801421-3717 SPICA 1 1,980.00 1,980.00 10.00 1,782.00 1 GXY801521-3717 SPICA2 009/03 1,980.00 1,980.00 10.00 1,782.00 1 ELE400024-3017E SPINNER BOWL,RED 880.00 880.00 10.00 792.00 1 ELE400024-3717BL SPINNER BOWL,BLUE 880.00 880.00 10.00 792.00 1 PCM400104-0910 FOUR TOWER W/ U -NET & ADA PHY 33,590.00 33,590.00 10.00 30,231.00 1 GSP103-0401 RAINFOREST SEESAW 5,330.00 5,330.00 10.00 4,797.00 1 KSW91017-0809 SWING P DOUBLE 2XST-HDG 1,500.00 1,500.00 10.00 1,350.00 1 FRT -PA Freight Middletown PA 3,094.00 3,094.00 3,094.00 1 CUSTOMINSTALL Installation 21,152.50 21,152.50 5.00 20,094.87 Total 98,644.87 Comments: This quote assumes direct delivery. This quote includes a charge for liftgate service. Terms for credit will be established upon approval. A deposit will be required before order can be processed. Please provide us with a copy of your tax-exempt certificate if applicable. Lead times for our Corocord product line vary, please check with your Sales Representative for specific details Customer is to provide level dirt site, free of underground obstacles. Customer is responsible for removal of any existing equipment/ obstacles prior to installation. Customer is responsible to do all site work prior to installation. Please do not install any surfacing materials prior to the equipment dig and installation process. The site should be as level as possible, and MUST have no more than a 1" (inch) in 10' (feet) slope or change in elevation over the full length and width of the playground area. Price assumes NO overhead (13'6" or lower) or underground (within 3'6" of surface) obstacles. Additional charges will apply if hard rock/ledge is discovered at time of installation. Your order includes installation of playground equipment and/or surfacing and amenities. If a delay in the installation occurs, which is not caused by KOMPAN, the order wil be divided and equipment will be invoiced at the time of delivery to the site or authorized agent, and installation, site amenities and related services will be invoiced when completed. This proposal assumes that there is no Prevailing Wage requirement for this job. Please allow 8-10 weeks for product delivery upon order placement. Summary: Retail Price Discount Net Price Subtotal - KOMPAN Products 83,840.00 8,384.00 75,456.00 Subtotal - Other Products 0.00 0.00 0.00 Subtotal - Surfacing 0.00 0.00 0.00 Subtotal - Installation&Other Services 21,152.50 1,057:63 20,094.87 Subtotal - Freight 3,094.00 0.00 3,094.00 Subtotal 108,086.50 9,441.63 98,644.87 Estimated Tax Rate (Applicable sales taxwill be added unless a valid tax exemption certificate is provided. This amount is only an estimate of your tax liability.) Total 98,644.87 Your acceptance of this proposal constitutes a valid order request and includes acceptance of terms and conditions contained within the Master Argeement, which is hereby acknowledged. Acceptance of this proposal by KOMPAN is acknowledged by issuance of an order confirmation by an authorized KOMPAN representative. Prices in this quotation are good for 60 days. This proposal may be withdrawn if not accpeted by 06127/17. KOMPAN Products are "Buy American" qualified, and compliant with the Buy American Act of 1933 and the "Buy American"provision of the ARRA of 2009. KOMPAN Authorized Signature: Accepted By (signature): Accepted By (please print): Date: RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of playground equipment for use at Tyrrell Park from KOMPAN Playground Solutions, of Pflugerville, Texas, in the amount of $98,644.00 through the U.S. Communities Government Purchasing Alliance, a national cooperative purchasing association. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a LYRASIS ArchivesSpace Service Agreement for the Tyrrell Historical Library. BACKGROUND LYRASIS ArchivesSpace is a hosted service that gives the Tyrrell Historical Library a process to easily describe, manage and provide archival collection records to the public. It will allow the Tyrrell to manage the lifecycle of archival materials and simplify the import and export of critical data format standards. It provides a wide range of tools that will allow the Tyrrell staff to be more efficient and provide more content to the public. LYRASIS partners with member libraries, archives and museums and other cultural heritage organizations to create, access and manage information with an emphasis on digital content. Total first year costs will be $7,175.00. FUNDING SOURCE Tyrrell Historical Library Donation Account. RECOMMENDATION Approval of the resolution. +--LYRASI5 March 1, 2017 Pricing for Beaumont Public Library - Tyrrell Historical Library - Small instance of LYRASIS ArchivesSpace Hosting Services. - Migration quote reflects migration for 60 EADXML records. Any records outside this scope will increase the migration fees applied. Prices valid for 60 days. Agreement terms: 12 months Under 10.0 No of,Resource Recortls (FIhdir' Aids) One-time client setup/configuration (cost for 60 EADXML records) $1,775 Migration (1, day @ 1,200/87hour block) $1;200 Hosting (annual)* $4,200 Total costatsignup' ' $7;175 *Annual hosting will increase to $6,800 once the number of finding aids are above 100. --Hosting errncesnclude - Client -branded web page template (simple) - 1 hour - Asynchronous, web -based video training - Complete user documentation and online assistance. - Technical and customer support (annual) - 10 hours Custom migration services included. _y Additional services Custom data, migration $1,200 per 8 -hour block - Additional web themes - Additional online training - Additional technical support - Advanced ad-hoc reporting - API access - LDAP authorizations $1,200 per 8 -hour block $1,200 per 8 -hour block $1,200 per 8 -hour block $475 setup plus $360/year $475 setup plus $240/year $475 setup plus $450/year Advancing Archives, Libraries and Museums 1438 West Peachtree Street, NW, Suite 150 • Atlanta, GA 30309 • 800.999.8558 • lyrasis.org 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 ArchivesSpace Service Agreement between the City of Beaumont and LYRASIS, of Atlanta, Georgia, to provide Tyrrell Historical Library cloud -based hosting services related to the library's collections and data. The ArchivesSpace Service Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames - LYRASIS ArchivesSpace Service Agreement AGREEING PARTIES: This agreement is made between LYRASIS, with offices located at 1438 West Peachtree Street, NW, Suite 150, Atlanta, Georgia, 30309 ("LYRASIS") AND Beaumont Public Library System, Tyrrell Historical Library ("Client") with offices located at 695 Pearl Street Beaumont, TX 77701. 2. PURPOSE: LYRASIS will provide Cloud -based Hosting Services related to Client's collections and data, as described in Appendix A and Appendix B, with Pricing as listed in Appendix C, and subject to the General Terms and Conditions as described in Appendix D. 3. AGREEMENT PERIOD: This Agreement commences on the Effective Date below and remains in effect until terminated as provided herein. 4. MODIFICATIONS: Any modifications to this Agreement shall be in writing and require signatures from both parties. a, The single exception to this is, as provided herein, on the anniversary date of this Agreement, LYRASIS will present to the Client an invoice for continuing the Service for the upcoming year. With its acceptance and payment of the invoice, the Client agrees to any changes in the pricing for the Service at that time. 5. SCOPE OF SERVICES: a, Setup, Configuration, and Conversion Services i. One-time services to prepare and launch the Client's collections and data in the Service. ii. Details of these services are provided in Appendix A. b. Hosting and Support Services i. Ongoing, continued services to administer and maintain the Client's collections and data and their presentation on the worldwide web. ii. Ongoing support to maintain services levels of the Service. iii. Details of these services are provided in Appendix B. 6. PRICING: Details are provided in Appendix C. a. LYRASIS may revise their pricing annually for Hosting and Support Services, effective on the anniversary date of this Agreement. These changes will be presented to the client at least 45 days prior to renewal. b. Client agrees to be invoiced annually by LYRASIS for Hosting and Support services. Invoices are due 30 days after receipt. EXHIBIT "A" Executed and Effective as of the First day of May, 2017. By (Client): (Authorized Signature) (Printed Name and Title) (Date) By (LYRASIS): Ip (Authorized Signature) (Printed Name and Title) (Date) APPENDIX A — SETUP, CONFIGURATION, & CONVERSION SERVICES 1. LYRASIS will establish a virtual installation ("Instance") of the LYRASIS-hosted ArchivesSpace Service ("Service") for the Client within 21 business days of the Effective Date that is based on the current community -supported version of the open -source software with LYRASIS-supplied modifications specific to the LYRASIS hosting environment. 2. The Client will specify two sub -domain names for the public and staff interfaces to be used within the "lyrasistechnology.org" domain. 3. Client Service will use a wildcard certificate for lyrasistechnology.org 4. The IP address assigned to the Instance remains the property of LYRASIS and/or its service providers. The assigned IP address may change according to the technical needs of LYRASIS and its service providers. 5. LYRASIS will create and install on the Instance one Client -specific "branding template" plugin. This plugin will apply the Client's logo, background (image, gradient or color), and some localization (choice of language for the public and staff landing pages). a. Additional customizations and/or template changes to the Client -specific plugin after formal Signoff may be requested by the Client and, if accepted by LYRASIS, will result in additional charges. 6. LYRASIS will provide initial training for Client as follows: a. Self -paced, web -accessed, pre-recorded video sessions and associated exercises. b. The ArchivesSpace User Manual. c. In addition, LYRASIS will provide links to context -sensitive help within the ArchivesSpace application. This additional help feature is available to the Client as part of a cooperative agreement between LYRASIS and the ArchivesSpace Organizational Home. Access to the context -sensitive help is limited to Client's employees and farther distribution of it to other parties is not permitted. 7. The Client chooses a Custom Data Migration and will be charged at the hourly rate for data migration as outlined in Appendix C. a. Data transfer associated with the data migration will be completed using a mutually agreed upon method of secure, encrypted data transfer via network connectivity or physical hard drive exchange. 8. Upon completion of initial service delivery, configuration, data migrations, customizations, and training, LYRASIS will present to the Client the Service for formal Sign -off. The Sign - off process confirms that the Client accepts the Service as configured. The Sign -off will be executed under separate cover and must be completed by the Client within five business days. a. Customizations to the Service configuration and/or added development work that is Client -specific, including changes to the Client's Theme, after Client Sign -Off will be subject to additional charges. 3 APPENDIX B —HOSTING & SUPPORT SERVICES LYRASIS RESPONSIBILITE S I. LYRASIS Hosting Services is a cloud -based, hosting service provider operating the community -adopted version of the ArchivesSpace software platform. LYRASIS is an institutional member of the ArchivesSpace community and as such, may contribute to the community code base. However, as a community member, LYRASIS cannot assume responsibility for the consistent and effective operation of the software itself. That responsibility lies solely within the ArchivesSpace community. This is the fundamental precept of a community -supported software platform. 2. LYRASIS will provide the Client, within the limits of the Client's "ArchivesSpace Size" category, sufficient computing, network capacity and disk storage to provide reasonable and customary performance of the Service. a. LYRASIS will be responsible for the necessary maintenance of the servers and any required ancillary software for the normal performance of the Service. 3. LYRASIS will provide the Service twenty-four hours a day, seven days a week (24x7). Client agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that LYRASIS may undertake; or (iii) causes beyond the control of LYRASIS or which are not reasonably foreseeable by LYRASIS, including interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, and other failures. While LYRASIS has no control of the availability of the Service, it will work with its service providers to maintain the availability level. a. In the event of any loss or interruption of the Service, the Client's sole and exclusive remedy and LYRASIS' sole and exclusive liability shall be with respect to a loss or interruption that exceeds a continual period of twenty-four hours, in which event Client shall receive a credit against fixture Service equal to a pro rata portion of Hosting Service fees for the period of downtime. An outage is a critical system failure, not the expression of a bug in the software or its configuration. 4. LYRASIS will actively monitor the Service's status 24x7 with automated monitoring software that polls servers and network devices. S. LYRASIS will be responsible for daily backups of the Service and restoring from backup at no cost to the Client in the event of catastrophic failure. a. If the Client requests LYRASIS to restore data due to an action on the part of the Client, LYRASIS at its discretion may attempt to perform such a restoration. (Note: Restores will be limited to the entire Client database, Individual record/item restores are not available.) Such requests by the Client will incur additional charges. 6. LYRASIS will be responsible for installing all required community -adopted updates to the operating system, software platform and other underlying applications to insure the security and continued operation of the Service. M a.- LYRASIS from time to time will also add additional functionality to the Service as developed by the communities of the open -source projects upon which the Service is based. b. LYRASIS will support community -adopted plug -ins as part of the Service. Some plug -ins, such as maintenance plug -ins, will be installed by default. 7. The Client may request the installation other third -party plug -ins into their Instance, although LYRASIS is under no obligation to install them. The Client must accept full responsibility for the operation and effects of this third -party plug-in on its Instance and database. 8. LYRASIS, at its own discretion, may work to address software defects ("bugs" as described in Table 1, Tier 2) as long as this development work can be contributed back to the appropriate open -source community. a. Bug fixes or workarounds performed at the request of and for the benefit of the Client are considered additional development work that LYRASIS may choose to undertake, and is subject to additional charges as described in Appendix C. 9. LYRASIS will control and provide support via its central administrative user account, which will be inaccessible to the Client. Table 1— Support Tier Definitions Type Service Description Classification Level 3 Significant or complete loss of service Emergency. LYRASIS will diagnose affecting all users for which there is no and solve the issues as soon as is workaround. (e.g. System up/down) reasonably possible and restore the Service with minimized impact. 2 Errors or other software bugs that Non -Emergency, software -related affect the functionality, of the Service. "bugs". LYRASIS will assist the Client in documenting and presenting these bugs to the ArchivesSpace software development community, but will not unilaterally address a solution to the bug for the Client. I Usage and system administration/ Non-technical, User. LYRASIS will configuration issues. provide limited consultation to the Client as described in Appendix C. 10. Support Tier Descriptions (see Table 1) a. Support Window: 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. b. Response time during Support Window: Tier 3, within I hour; Tier 2, within next 2 business days. c. Response time outside Support Window: Tier 3, 9:00 AM Eastern Time next business day; Tier 2, within next 2 business days. d. Tier 1 issues (non-technical, user -level issues) usually will be handled by Client staff. LYRASIS will provide a limited amount of technical support for Tier 1 issues as described in Appendix C. 11. LYRASIS will from time to time take down the Service to perform server maintenance and install hardware/software upgrades. Where possible, such planned downtime will be scheduled to minimize the impacts on the Client and its users of the Service. a. In cases of planned/scheduled maintenance, LYRASIS shall give the Client at least two weeks' notice, if such scheduled maintenance requires the entire system to be unavailable. b. In the case of emergency maintenance (such as installing critical security patches), LYRASIS will give the Client as much notice as reasonably possible, and will strive to limit the duration of the downtime. 12. Where applicable, LYRASIS will provide to the Client a list of supported platforms and technologies (browser versions, settings, plug -ins, etc.). When LYRASIS receives requests for support where the user's hardware and/or software does not conform to the published standards, LYRASIS shall, at its own discretion, make a "best effort" attempt to assist the Client. CLIENT RESPONSIBILITES 13. The Client will provide LYRASIS with the names of up to three Technical Contacts that may interact with the LYRASIS helpdesk. LYRASIS will only respond to requests from the designated Technical Contacts. Service requests from other parties will be referred back to the Client's Technical Contacts. 14. The Client is responsible for ensuring the confidentiality of all Client passwords. If a Client password is lost, stolen, or otherwise compromised, the Client shall immediately reset that password and notify LYRASIS of the security breach of the password. 15. The Client stipulates that there will not be personally identifiable information about its students and staff input and maintained in the software and database. 16. The Client is responsible for providing, updating, uploading, and maintaining any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through the Service, including trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, metadata, domain names, software and text ("Client Content"). The Client Content includes any registered domain names provided by Client or registered on behalf of Client in connection with the Service. 17. Should the Client anticipate major expansions of its content in the Instance or other significant. increases in usage of the Service, it will notify LYRASIS accordingly. Based on this notice, LYRASIS will adjust the size and capability of the Instance to insure continued ■ operation of the Service. Adjustments to the hardware, software and/or bandwidth of the Instance based on the Client's increased use may increase the Client's Size Option, and with that, may incur additional charges. 18. The Client is responsible for all acts, omissions, and use under Client's accounts or passwords in connection with the Service or any Client Content displayed, linked, transmitted through, or stored on the Service. The Client will not engage in unacceptable use of the Service, which includes use of the. Service to: (i) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (ii) disseminate or transmit any material that to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate or transmit files, graphics, software, or other material, data, or work that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source, or origin of any communication; (v) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, and exemptions; (vi) interfere, disrupt, or attempt to gain unauthorized access to any computer system, server, network, or account for which Client does not have authorization to access or at a level exceeding Client's authorization; (vii) disseminate or transmit any virus, trojan horse, or other malicious, harmful, or disabling data, work, code, or program; or (viii) engage in any other activity deemed by LYRASIS to be in conflict with the spirit or intent of this Agreement or any LYRASIS policy. 19. The Service operates under the "safe harbor" provisions of the Digital Nfillennium. Copyright Act (DMCA). Repeated instances of copyright infringement are grounds for material breach of this Agreement and subsequent Termination of the Service. a. LYRASIS will respond to DMCA notice and takedown obligations received by its Copyright Agent by setting the status of the objects to "inactive", thereby removing them from the search index and public view. LYRASIS will notify the Client of this action within 72 hours by e-mail or other form of written correspondence. If a counter-notice is received by the LYRASIS Copyright Agent, LYRASIS may send a copy of the counter-notice to the original complaining party informing that person that it may cease disabling the inactive objects in 10 business days. Unless the copyright owner files an action seeking a court order against the Client, the removed Content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at LYRASIS' sole discretion. LYRASIS' designated Copyright Agent to.receive notifications and counter - notifications of claimed infringement as of the Effective Date is Vern Ritter, 143 8 West Peachtree NW, Suite 200, Atlanta, GA 30309; e-mail: vern.ritter@lyrasis.org. Subsequent registrations with of Copyright Agents with the U.S. Copyright Office may supersede this designation. b. If the Client receives a DMCA-related notice, they are responsible for addressing and responding to such notice in whatever manner they deem appropriate. 7 20. Solely for the purpose of operating the Service, the Client hereby grants to LYRASIS permission to modify, adapt, transmit, reproduce, create derivative works from, and display Client Content, and any other actions that may be necessary to allow the Service to operate effectively. This license exists only for as long as the Client elects to include Client Content on the Service and will terminate at the time the Client or LYRASIS removes the Client Content from the Service. APPENDIX C —PRICE LIST and INVOICING Size Category No. of Finding Aids i. Small up to 100 ii. Medium 101-400 iii. Large more than 400 Based on the LYRASIS ArchivesSpace Instance Size definitions on the Effective Date, the Client's Instance is deemed to be in the Small category. a. This sizing will be reviewed each year at Renewal and LYRASIS reserves the right to change/upgrade the Client's Instance Size and charge corresponding fees. b. During the Agreement Term, if the Service has a decreased level of performance and availability due solely to the growth of the Client's Instance, the Client may request an increase in its Size category to ensure consistent, appropriate service use. Any additional charges that result from an upgrade to the Size will be applied on a prorated basis for the remainder of the current annual Term. 2. One-time Setup Fee will be: • Basic Setup with (migration option from Section A.7): $1,775 • This includes one Client -specific Branding Template Plugin and access to video training and user manual. One-time Migration Fee will be: $1,200 • Beaumont Public Library — Tyrrell Historical Library agrees to download their approximate 60 EADXML records from TARO and provide those records to LYRASIS for migration. • Any records provided by the Library to LYRASIS, which exist outside this scope, will increase the migration fee. Any additional migration work will need to be scoped by LYRASIS and outlined as an amendment to this agreement. 4. Annual Hosting and Support charges for this Size category will be: $4,200 • This include automatic updates, daily backups, monitoring and tuning of the Service, and a support -ticket system where the Client can request technical support. Additional and/or Optional Services, if in force, will be charged at these rates: • Additional Technical or Customer Support — $1,200 per 8-ho'ur block Reporting/Read-only access to Client's database o One-time setup charge of $475, plus $360 per year ArchivesSpace API access o One-time setup charge of $475, plus $240 per year • LDAP AuthN/AuthZ o One-time setup charge of $475, plus $450 per year I APPENDIX D — GENERAL TERMS AND CONDITIONS 1. Period Of Performance. The term of this Agreement shall commence on the Effective Date and shall continue with annual renewals until cancelled or terminated as provided herein. 2. Confidentiality. LYRASIS shall regard as confidential and proprietary: 1) any and all data and information communicated to it by Client in connection with this agreement and which the Client has labeled as confidential, and 2) all Client data which LYRASIS has access to as part of this agreement. LYRASIS shall not, without prior written consent of Client, at any time: a) use the confidential information for any purpose other than in connection with its performance of the services for the benefit of the Client, or b) disclose any portion of the confidential information to third parties, except if required by law. The Client shall regard as confidential and proprietary all such details of LYRASIS and its operations that are outlined in this Agreement, including all pricing information, and all other information that LYRASIS has labeled as confidential. The City is limited in its ability to agree to confidentiality provisions pursuant to the Texas Public Information Act, Texas Government Code §552.001, et seq. Accordingly, the City does not agree to confidentiality except to the extent allowed by the Texas Public Information Act and, where applicable, the Federal Freedom of Information Act. If a third party seeks information relative to Vendor, and not the contract itself, to the extent required by the Texas Public Information Act, the City will notify Vendor of such request so the Vendor might protect its interests. 3. Intellectual Property of Code and Documentation. For all software and documentation created by LYRASIS for the Client under this contract, including but not limited to bug fixes, functional enhancements, or new features, all ownership and rights thereto shall remain with LYRASIS. 4. Assignment. Neither party to this Agreement shall assign or transfer its rights or obligations under this Agreement, by operation of law or otherwise, to any third party without prior written consent of the other party, which shall not be unreasonably withheld. 5. Use of Name. LYRASIS reserves the right to use the Client name and logo on LYRASIS marketing collateral and web site unless the client requests otherwise and/or supplies other conditions and terms. 6. Force Majeure. Neither LYRASIS nor the Client shall be responsible for failure to perform any of the obligations imposed by this Agreement, provided such failure shall be occasioned by negligence of the other party, fire, flood, explosion, lightning, windstorm, earthquake, subsidence of soil, failure or destruction, in whole or in part, of machinery or equipment or failure of supply of materials, discontinuity in the supply of power, governmental interference, civil commotion, riot, acts of terrorism, war, strikes, labor disturbance, transportation difficulties, labor shortage, or any cause beyond the reasonable control of either party. 1n 7. Jurisdiction. Venue and jurisdiction for all disputes between the Parties will be exclusively in State District Court, Jefferson County, Texas, or Federal District Court for the Eastern District of Texas, Beaumont Division, and none other. The Parties shall have the right to appeal the District Court's ruling. 8. Limitations on Liability. LYRASIS will not be responsible for damages, malfunctions or failures caused by: i) the Client's failure to follow any operation or maintenance instructions provided by LYRASIS to the Client; or ii) defects or errors in the hosted software. LYRASIS will not be liable to the Client for iii) any loss of business, contracts, profits, anticipated savings, goodwill or revenue; iv) any loss or corruption of data; or v) any incidental, indirect or consequential losses or damages whatsoever (including, without limitation, special, punitive, or exemplary damages). To the extent LYRASIS is found liable for any damages to the Client, the Client's remedy will be limited to the annual invoice value of this Agreement in its current year of operation. 9. Renewal. This Agreement will renew each year on the anniversary of the Effective Date and at that time the invoice for the subsequent year ("Renewal") services will become due. LYRASIS will provide the Client with an invoice for the Renewal at least forty five (45) days prior to the end of the current Agreement Term. In the event that the invoice for the Renewal year has not been paid and the Client has not notified LYRASIS of its intent to cancel this Agreement, LYRASIS may, at its sole discretion, suspend the Service provided under this Agreement until payment or cancellation notice has been received. 10. Cancellation. Either party may cancel this Agreement with a thirty (3 0) days written notice given to the other party. The Client shall owe to LYRASIS all the charges for services already performed under this Agreement through the date of Cancellation that have not yet been paid. Likewise, LYRASIS will refund to Client all money prepaid for services not yet performed through the date of Cancellation under this Agreement. a. Return of Client's Data. In any case of Cancellation, within thirty (30) days after the Cancellation, LYRASIS will return to the Client all its data via a web -accessible mechanism. The Client will notify LYRASIS in writing that they have received/downloaded their data. With this notice, LYRASIS will delete the Client's data from the Service. If no such notice is received, after sixty (60) days from Cancellation, LYRASIS will delete the Client's data from the Service. Copies of the Client's data may remain on LYRASIS's backup media until those media are reused as part of their normal rotation. 11. Termination. Either party may terminate this Agreement if the other party is in material breach of this Agreement and such breach remains uncured for a period of thirty (30) days after notice of such breach has been given in writing to the breaching party by the other party. 12. Notices. Any notices permitted or required by this Agreement shall be in writing and shall be deemed effective when received. Notices may be given by hand delivery, by mail, by courier service, by facsimile transmission, or by electronic mail. Notices shall be addressed to the parties at the addresses set forth above. 13. Entire Agreement. Unless otherwise specified, this Agreement embodies the entire understanding between LYRASIS, the Client, and any prior or contemporaneous representations, either oral or written, are hereby superseded. No amendments or changes to this Agreement shall be effective unless made in writing and signed by authorized representatives of the parties. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer e MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution approving the City of Beaumont Investment Policy. BACKGROUND State law mandates the City Council to review the Investment Policy and approve modifications, if any, on an annual basis. The City last made amendments to the Investment Policy on May 10, 2016 through resolution 16-082. No amendments are being proposed to the policy by the City nor being required due to a change in legislation. A copy of the investment policy is attached for your review. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont Investment Policy, substantially in the form attached hereto as Exhibit 'A" has been reviewed and is hereby in all things adopted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames - BEAUMONT TEXAS Investment Policy Adopted by City Council May 10, 2016 iii EXHIBIT "A" City of Beaumont - Investment Policy Table of Contents I. Introduction................................................................................................................ I II. Scope...........................:................................................................................................1 III. Prudence.....................................................................................................................1 IV. Objectives.................................................................................................................... I A. Safety of Principal..........................................................................................2 B. Liquidity..........................................................................................................2 C. Public Trust....................................................................................................2 D. Yield................................................................................................................2 V. Delegation of Authority.........................................................:....................................2 VI. Ethics and Conflicts of Interest................................................................................3 VII. Training......................................................................................................................3 VIII. Selection of Financial Dealers, Institutions and Investments Pools .....................3 A. Broker/Dealers...............................................................................................4 B. Public Depositories.........................................................................................4 C. Investment Pools............................................................................................5 IX. Authorized and Suitable Investments......................................................................5 X. Competitive Environment.........................................................................................7 XI. Collateralization.........................................................................................................7 XII. Safekeeping and Custody..........................................................................................8 XIII. Diversification............................................................................................................9 XIV. Investment Strategies................................................................................................9 A. Pooled Fund Groups.....................................................................................10 B. Debt Service Funds.......................................................................................11 C. Debt Service Reserve Funds.........................................................................12 XV. Internal Control......................................................................................................12 XVI. Performance Standards.........................................................................................13 XVII. Reporting.................................................................................................................13 XVIII. Investment Policy Adoption...................................................................................13 Exhibits Exhibit A - Approved List Broker/Dealers...........................................................................15 Exhibit B - Certification by Business Organization............................................................16 City of Beaumont Investment Policy I. Introduction It is the policy of the City of Beaumont to invest public funds in a manner that will ensure that the investments are duly authorized, properly managed, adequately protected and fully collateralized. The City shall seek the optimum investment return with the maximum security while meeting daily cash needs and conforming to the City Charter, the Public Funds Investment Act (Chapter 2256, Government Code as amended) and all other state and local statutes governing the investment of public funds. II. Scope This Investment Policy applies to all financial assets of the City as accounted for in the City's Comprehensive Annual Financial Report.' These include General, Special Revenue, Debt Service, Capital Projects, Enterprise, Internal Service, and Permanent Funds. All are pooled for investment purposes except debt service and debt service reserve funds, and the natural gas account. Interest is allocated monthly to each fund based on its individual cash balance. III. Prudence Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. The "prudent person" standard shall be applied in the context of managing the total portfolio rather than a single investment providing that the decision was consistent with this Investment Policy. Investment Officers acting in accordance with written procedures and the Investment Policy and exercising due diligence shall be relieved of responsibility for an individual investment's credit risk or market price changes provided that deviations from exceptions are reported in a timely fashion and appropriate action is taken to control adverse developments. IV. Objectives The primary objectives, in priority order, of the City's investment activities shall be safety of principal, liquidity, public trust, and yield. A. Safety of principal The City has as its foremost objective to ensure the safety of principal. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of principal in the overall portfolio. To attain this obj ective, diversification is required in order to eliminate an over -concentration of assets in one institution, maturity or type of investment, where appropriate. B. Liquid The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated. The portfolio shall be constructed so that investment maturities are matched with forecasted cash flow requirements and limited by investments with an active secondary market or convertible to cash with little or no penalty. C. Public Trust Investment Officers shall seek to act responsibly as custodians of the public trust. Investment Officers shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. D. Yield The City's investment portfolio shall be designed with the objective of attaining a rate of return that is consistent with risk limitations and cash flow characteristics of the City's investments. V. Delegation of Authority Authority to manage the City's investment program is derived from the City Charter (article VII, section 1-2). The Charter designates the City Manager as Director of Finance who shall have custody of all public funds, investments, bonds and notes of the City and be responsible for their safekeeping. The City Manager shall establish written procedures for the operation of the investment program consistent with this Investment Policy that include explicit delegation of authority to persons responsible for investment transactions. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager, the Chief Financial Officer, and the City Controller are approved as Investment Officers of the City. Such approval of specific persons shall remain in effect until rescinded by the City Council or until termination of the person's employment by the City. Investment Officers shall not deposit, withdraw, transfer or manage the funds of the City in a manner that is not consistent with the "prudent person" standard as described in section III of this Policy. The City Council maintains the right to hire Investment Advisers to assist City staff in the investment of funds. Investment Advisers shall adhere to the spirit, philosophy and specific terms of this Policy and shall invest within the same objectives. The City Manager shall establish criteria to evaluate Investment Advisers, including: 1. Adherence to the City's policies and strategies; 2. Investment strategy recommendations within accepted risk constraints; 3. Responsiveness to the City's request for services and information; 4. Understanding of the inherent fiduciary responsibility of investing public funds; and 5. Similarity in philosophy and strategy with the City's objectives. Selected Investment Advisers must be registered under the Investment Advisers Act of 1940 or with the State Securities Board. A contract with an Investment Adviser may not be for a term longer than two years and any contract, renewal or extension must be approved by the City Council. VI. Ethics and Conflicts of Interest Investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment Officers shall disclose any personal business relationships with business organizations approved to conduct investment transactions with the City. They shall also disclose any specific individuals who seek to sell investments to the City and are related to the Investment Officer within the second degree by affinity or consanguinity, as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics Commission and the City Council. VII. Training In order to ensure qualified and capable investment management, each Investment Officer shall attend at least ten (10) hours of training relating to investment responsibilities within 12 months after assuming such duties and shall continue to attend an investment training session consisting of at least eight (8) hours of instruction not less than once every two years thereafter. The two-year period shall begin on the first day of the City's fiscal year and consist of the two consecutive fiscal years after that date. Training shall be in accordance with the Public Funds Investment Act and include education in investment controls, security risks, strategy risks, market risks, and compliance with State statutes governing the investment of public funds. All training shall be conducted by an independent source that has been approved by City Council. The approved "independent sources" to provide such training are: the Government Treasurers Organization of Texas, the Government Finance Officers Association, the Government Finance Officers Association of Texas, the Texas Municipal League, and the University of North Texas. VIII. Selection of Broker/ Dealers, Financial Institutions and Investment Pools Authorized investments shall only be purchased from those institutions selected and approved in accordance with this Policy. Any business organization which seeks to execute investment transactions with the City shall provide a written instrument certifying that they have received and thoroughly reviewed the City's Investment Policy and have implemented reasonable procedures and controls in an effort to preclude investment transactions that are not authorized by this Policy. The certification, as shown by example in Exhibit B, must be signed by a qualified representative of the business organization. Investment Officers shall not buy any securities from a firm or make deposits with a fund, pool or financial institution that has not filed this instrument or a similar statement that is acceptable to the City. Each time City Council approves a material revision to the Investment Policy, the certification should be sent to the approved business organizations along with the newly revised Investment Policy. A. Broker/Dealers The City shall select broker/dealers by their ability to provide effective market access and may include "Primary Government Securities Dealers" or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3- 1 (uniform net capital rule). Broker/dealers selected must be members in good standing of the Financial Industry Regulatory Authority ("FINRA"), and be licensed by the State of Texas. Each broker/dealer will be reviewed by the Investment Officers and a recommendation will be made for approval by the City Council. An "approved broker/dealer list", as shown in ExhibitA, shall be maintained by the Investment Officers at all times and approved by the City Council on an annual basis. The City shall not enter into transactions with a broker/dealer until official City Council approval. B. Public Dgpositories/Financial Institutions The City Council shall select a primary depository as required by law. The primary depository as authorized by the City Council shall meet all requirements of the state law concerning depositories for municipal funds (Chapter 105, Government Code). The primary depository shall be selected through the City's banking services procurement process, including a formal Request for Application (RFA) issued in compliance with applicable State law, and offers the most favorable terms and conditions for the handling of City funds. The City may also establish agreements with other financial institutions under separate contract for additional services that are necessary in the administration, collection, investment, and transfer of municipal funds. Such deposits will only be made after the financial institution has completed and returned the required written instruments and depository pledge agreements. No deposit shall be made except in a qualified public depository as established by State Law. C. Investment Pools Investment Officers may invest funds of the City through an eligible investment pool with specific approval by resolution of City Council and execution of a written agreement. To become eligible, investment pools must first meet all requirements of State Law. They shall provide the City with an offering circular that contains specific and detailed information, investment transaction confirmations, and detailed monthly transaction and performance reports. Pools shall have advisory boards composed of qualified members representing participants and non- participants who do not have a business relationship with the pool. Before selection, pools shall be thoroughly reviewed and evaluated by the Investment Officers. IX. Authorized and Suitable Investments Authorized investments for municipal governments in the state of Texas are set forth in the Public Funds Investment Act, as amended. Suitable investments for the City are limited to the following: ♦ Direct Obligations of the United States or its agencies and instrumentalities that have a maximum stated maturity date of 5 years or less. ♦ Financial institution deposits placed with approved financial institutions as described above (section VIII -B) which have a maximum stated maturity date of 5 years or less and are insured by the Federal Deposit Insurance Corporation, or their successors; or secured as described in section XI Collateralization. Additionally, the City may execute certificates of deposit, and other forms of deposit, in any manner authorized by the Public Funds Investment Act. ♦ Fully collateralized direct repurchase agreements with a defined termination date of 90 days or less which are secured by cash or obligations of the United States or its agencies and instrumentalities and pledged with a third party'other than an agent for the pledgor. Investment Officers may invest in repurchase agreements through an approved primary government securities dealer or an approved depository bank as described above (section VIII -A, B). Each issuer of repurchase agreements shall be required to sign a master repurchase agreement. For flexible repurchase agreements executed with bond proceeds, the defined termination date of 90 days or less may be waived to allow the term of the flexible repurchase agreement to more closely match the expected term of the bond project. ♦ No load money market mutual funds registered with and regulated by the Securities and Exchange Commission whose investment objectives include the maintenance of a stable net asset value of $1 per share. Money market mutual funds must maintain a AAAm, or equivalent rating from at least one nationally recognized rating agency; and provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 and be specifically approved by City Council or purchased through the City's primary depository as an overnight investment tool. The City may not own more than 10% of the money market mutual fund's total assets. ♦ Approved investment pools as described above (section VIII -C) which are continuously rated no lower than AAA, AAA -m or an equivalent rating by at least one nationally recognized rating agency. Investments Not Authorized - The following investments are not authorized under this section: a. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pay no principal; b. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; c. Collateralized mortgage obligations that have a stated final maturity date of greater than ten years; and d. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Not less than quarterly, the Investment Officers will monitor the credit rating for each held investment that has a Public Fund Investment Act required minimum rating. Any Authorized Investment that requires a minimum rating does not qualify during the period the investment does not have the minimum rating. Prudent measures will be taken to liquidate an investment that is downgraded to less than the required minimum rating. The City is not required to liquidate investments that were authorized investments at the time of purchase. The purchase of stock is not an authorized investment for municipal governments. However, stock may be accepted as a donation, provided that it is held in accordance with the terms of the donation and sold as soon as it is advantageous to do so. Reinvestment of proceeds must be in accordance with authorized and suitable investments for the City as listed above. X. Competitive Environment It is the policy of the City to provide a competitive environment for all individual security purchases and sales, financial institution deposits, and money market mutual fund and local government investment pool selections. The Investment Officers shall develop and maintain procedures for ensuring competition in the investment of the City's funds. XI. Collateralization Collateralization will be required on all financial institution deposits and repurchase agreements. With the exception of deposits secured with irrevocable letters of credit at 100% of amount, the collateralization level shall be equal to at least one hundred two percent (102%) of the aggregate market value of the deposit or investment including accrued interest less an amount insured by the Federal Deposit Insurance Corporation. Evidence of the pledged collateral shall be documented by a custodial or a master repurchase agreement with the eligible collateral clearly listed in the agreement. Collateral shall be reviewed at least monthly to assure that the market value of the securities pledged equals or exceeds the related deposit or investment requirement. Collateral requirements shall be in accordance with both the Public Funds Investment Act and the Public Funds Collateral Act. Collateral underlying repurchase agreements is limited to direct obligations of the United States or its agencies and instrumentalities. The City shall accept a surety bond or the following investment securities as collateral on deposits and certificates of deposit: ♦ Direct obligations of the United States or its agencies and instrumentalities. Direct obligations of this state or its agencies and instrumentalities. ♦ Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States and excluding those mortgage backed securities considered a high-risk mortgage security as described by Section 2257.0025 of the Government Code. ♦ Other obligations that are guaranteed or backed by the full faith and credit of this state or the United States or their respective agencies and instrumentalities. ♦ Obligations of states, agencies, counties, cities and other political subdivisions rated not less than A or its equivalent. ♦ Letters of credit issued by the United States or its agencies and instrumentalities. Financial institutions serving as depositories will be required to sign a depository agreement with the City. The collateralized deposit portion of the agreement shall define the City's rights to the collateral in case of default, bankruptcy or closing and shall establish a perfected security interest in compliance with Federal and State regulations, including: 1. The agreement must be in writing; 2. The agreement has to be executed by the Depository and the City contemporaneously with the acquisition of the asset: 3. The agreement must be approved by the Board of Directors or designated committee of the Depository and a copy of the meeting minutes.must be delivered to the City; and 4. The agreement must be part of the Depository's "Official Record" continuously since its execution. XII. Safekeeping and Custody Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve Bank or at an institution not affiliated with a firm pledging collateral acceptable to the City. All safekeeping arrangements shall clearly define the responsibilities of each parry and outline the steps to be taken in order for the City to gain access to the collateral in the event of a "failure". The custodial agreement shall be executed between the City, the firm pledging the collateral and the custodial institution, as applicable. All safekeeping receipts shall be delivered to the City and all collateral (whether a pledge or substitution) shall be formally accepted and released by Investment Officers. All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery -versus -payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the safekeeping institution. Financial institution deposits, pool funds, and mutual funds are excluded from this requirement. The investment shall be held in the name of the City or on behalf of the City. XIII. Diversification The City will diversify its investments to eliminate an over -concentration of assets in any one security type or institution. ♦ Up to ninety percent (90%) par of the portfolio may be invested in direct obligations of the United States (U.S. Treasury Securities). ♦ Up to seventy percent (70%) par of the portfolio may be invested in U.S. Agency or Instrumentalities. ♦ No more than thirty percent (30%) par of the portfolio may be invested with any one U.S. Agency or Instrumentality. ♦ Up to one hundred percent (100%) par of the portfolio may be invested in investment pools for liquidity purposes with no more than eighty percent (80%) par of the portfolio invested in any one pool. ♦ No more than fifty percent (50%) par of the portfolio may be invested in money market mutual funds. XIV. Investment Strategies The City shall maintain a separate investment strategy for each of the fund types represented in the portfolio. A. Pooled Fund Groups Suitability — Any investment eligible in the Investment Policy is suitable for Pooled Fund Groups. Safety of Principal — All investments shall be of high quality with no perceived default risk. Market price fluctuations will occur. However, managing the weighted average days to maturity of each fund's portfolio to less than 365 days and restricting the maximum allowable maturity to three years using the final stated maturity dates of each investment will minimize the price volatility of the portfolio. Marketability — Investments with active and efficient secondary markets are necessary in the event of an unanticipated cash flow requirement. Historical market "spreads" between the bid and offer prices of a particular security -type of less than a quarter of a percentage point will define an efficient secondary market. Liquidity — Pooled Fund Groups require the greatest short-term liquidity of any of the fund -types. Short-term financial institution deposits, investment pools and money market mutual funds will provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. Diversification — Investment maturities should be staggered throughout the budget cycle to provide cash flow based on the anticipated operating needs of the City. Diversifying the appropriate maturity structure up to the three-year maximum will reduce interest rate risk. Yield — Attaining a competitive market yield for comparable investment -types and portfolio restrictions is the desired objective. The yield of an equally weighted, rolling three-month Treasury Bill portfolio will be the minimum yield objective. B. Debt Service Funds Suitability — Any investment eligible in the Investment Policy is suitable for Debt Service Funds. Safety of Principal — All investments shall be of high quality with no perceived default risk. Market price fluctuations will occur. However, by managing Debt Service Funds to not exceed the debt service payment schedule the market risk of the overall portfolio will be minimized. The stated final maturity date on investments purchased shall not exceed the debt service payment date unless excess funds are available. In that case, maximum maturities shall not exceed two (2) years from the date of purchase. Marketability — Investments with active and efficient secondary markets are not necessary as the event of an unanticipated cash flow requirement is not probable. Li uidi — Debt Service Funds have predictable payment schedules. Therefore investment maturities should not exceed the anticipated cash flow requirements. Financial institution deposits, investments pools, and money market mutual funds may provide a competitive yield alternative for short- term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any 10 debt service payment. This investment structure is commonly referred to as a flexible repurchase agreement. Diversification — Market conditions influence the attractiveness of fully extending maturity to the next "unfunded" payment date. Generally, if investment rates are anticipated to decrease over time, the City is best served by locking in most investments. If the interest rates are potentially rising, then investing in shorter and larger amounts may provide advantage. At no time shall the debt service schedule be exceeded in an attempt to bolster yield. Yield — Attaining a competitive market yield for comparable investment -types and portfolio restrictions is the desired objective. The yield of an equally weighted, rolling three-month Treasury Bill portfolio shall be the minimum yield objective. C. Debt Service Reserve Funds Suitability — Any investment eligible in the Investment Policy is suitable for Debt Service Reserve Funds. Bond resolution and loan documentation constraints and insurance company restrictions may create specific considerations in addition to the Investment Policy. Safety of Principal — All investments shall be of high quality with no perceived default risk. Market price fluctuations will occur. However, by managing Debt Service Reserve Fund maturities to generally not exceed the call provisions of the borrowing will reduce the investment's market risk if the City's debt is redeemed and the Reserve Fund liquidated. No stated final investment maturity shall exceed the shorter of the final maturity of the borrowing or five years. Annual mark -to -market requirements or specific maturity and average life limitations within the borrowing's documentation will influence the attractiveness of market risk and influence maturity extension. Marketability — Investments with less active and efficient secondary markets are acceptable for Debt Service Reserve Funds. Li uidi — Debt Service Reserve Funds have no anticipated expenditures. The Funds are deposited to provide annual debt service payment protection to the City's debt holders. The funds are "returned" to the City at the final debt service payment. Market conditions and arbitrage regulation compliance determine the advantage of investment diversification and liquidity. Generally, if investment rates exceed the cost of boirowing, the City is best served by locking in investment maturities and reducing liquidity. If the 11 borrowing cost cannot be exceeded, then concurrent market conditions will determine the attractiveness of locking in maturities or investing shorter and anticipating future increased yields. Diversification — Market conditions and the arbitrage regulations influence the attractiveness of staggering the maturity of fixed rate investments for Debt Service Reserve Funds. At no time shall the final debt service payment date of the bond issue be exceeded in an attempt to bolster yield. Yield — Achieving a positive spread to the applicable borrowing cost is the desired objective. Debt Service Reserve Fund portfolio management shall operate within the limits of the Investment Policy's risk constraints. D. Natural Gas Account Suitability — Any investment eligible in the Investment Policy is suitable for the Natural Gas Account. Safety of Principal — All investments shall be of high quality with no perceived default risk. Market price fluctuations will occur. However, managing the weighted average days to maturity to less than 365 days and restricting the maximum allowable maturity to three years using the final stated maturity dates of each investment will minimize the price volatility of the portfolio. Marketability — Investments with active and efficient secondary markets are necessary in the event of an unanticipated cash flow requirement. Historical market "spreads" between the bid and offer prices of a particular security -type of less than a quarter of a percentage point will define an efficient secondary market. Liquid -Natural Gas Account funds require moderate short-term liquidity. Short-term financial institution deposits, investment pools and money market mutual funds will provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. Diversification — Investment maturities should be staggered throughout the anticipated expenditure schedule. Diversifying the appropriate maturity structure up to the three-year maximum will reduce interest rate risk. Yield — Attaining a competitive market yield for comparable investment -types and portfolio restrictions is the desired objective. The yield of an equally weighted, rolling three-month Treasury Bill portfolio will be the minimum yield objective. 12 XV. Internal Control The City, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the City's Investment Policy. XVI. Performance Standards The City intends to pursue an active versus a passive portfolio management philosophy. That is, investments may be sold or redeemed before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles that is consistent with risk limitations and cash flow needs of the City. "Weighted average yield to maturity" shall be the portfolio performance measurement standard. XVII. Reporting Investment Officers shall submit a monthly report to City Council summarizing the results of the City's investment activity. This report shall include the status of the current portfolio position, performance, trading activity, interest earnings, and collateral. A quarterly report shall be submitted to the City Manager, as Chief Executive Officer, and the City Council detailing investment transactions and performance for the reporting period in accordance with State law. The report shall be jointly prepared and signed by all Investment Officers. It shall include a summary statement prepared for each fund type and a detailed listing that states the beginning market value, ending market value and fully accrued interest for the period. In addition, Investment Officers shall report on adherence to the City's investment strategies as expressed in this Policy. In conjunction with the annual audit, the quarterly reports shall be formally reviewed by the City's independent auditor on an annual basis and the results of the review shall be reported to City Council. XVIII. Investment Policy Adoption The City's Investment Policy is hereby adopted by resolution of the City Council. The City Council shall review and approve the Policy on an annual basis. This Policy serves to satisfy the statutory requirement to define and adopt a formal investment policy. 13 ,,,a-j-B-lrfs 14 Exhibit A CITY OF BEAUMONT Approved List Broker/Dealers Business/Organizations Broker/Dealers: Coastal Securities Duncan -Williams, Inc. JP Morgan Chase Securities Mutual Securities, Inc. Oppenheimer & Co. Rice Financial Products Company Raymond James Wells Fargo Brokerage Services, LLC Certificate of Deposit Purchase Program: PFM Asset Management LLC Ilk, Exhibit B City of Beaumont, Texas Certification By Business Organization This certification is executed on behalf of the City of Beaumont (the Investor) and (the Business Organization) pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code (the Act) in connection with investment transactions conducted between the Investor and the Business Organization. The undersigned Qualified Representative of the Business Organization hereby certifies on behalf of the Business Organization that: 1. The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the Investor as such terms are used in the Public Funds Investment Act, Chapter 2256, Texas Government Code and 2. The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the Investor and 3. The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the Investor that are not authorized by the Investor's Investment Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the Investor's entire portfolio or requires and interpretation of subjective investment standards. (Firm) Qualified Representative of the Business Organization (Signature) (Name) (Title) (Date) 16 E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to adopt policies in connection with the City of Beaumont's participation in Federal Funded Community Development Block Grant — Disaster Recovery (CDBG-DR) Projects and adherence to the Regulations described therein. BACKGROUND The City of Beaumont, as a recipient and participant in Federally Funded Community Development Block Grant — Disaster Recovery (CDBG-DR) Projects for Round 2.1 and Round 2.2, agrees to comply with all federal rules and regulations as outlined in the attached policies. The CDBG-DR provided funding for five City of Beaumont projects which included the South Park Drainage Improvements Project; Reconstruction and Widening of Avenue A (South of Elgie Street to Washington Boulevard); Fire Station No. 2; New Beaumont Public Health Department; and the Paving and Drainage Improvements on Magnolia Street (East Lucas to Gill Street) Project. The adoption of these policies by resolution is requested by the General Land Office (GLO) as a requirement for closing out this grant. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. A RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION WITH THE CITY OF BEAUMONT, TEXAS PARTICIPATION IN FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT — DISASTER RECOVERY (CDBG - DR) PROJECTS AND ADHEREANCE TO THE REGULATIONS DESCRIBED THEREIN. WHEREAS, The City of Beaumont is a recipient of Federally Funded Community Development Block Grant — Disaster Recovery Funds; and, WHEREAS, in accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and 24 CFR Part 135, is required, to the greatest extent feasible, to provide training and employment opportunities to lower income residents and contract opportunities to businesses in the project area; and, WHEREAS, in consideration for the receipt and acceptance of federal funding, agrees to comply with all federal rules and regulations including those rules and regulations governing citizen participation and civil rights protections; and, WHEREAS, in accordance with Section 104(1) of the Housing and Community Development Act, as amended, and State's certification requirements at 24 CFR 91.325(b)(6), must adopt an excessive force policy that prohibits the use of excessive force against non-violent civil rights demonstrations; and, WHEREAS, in accordance with Section 109 of the Title I of the Housing and Community Development Act. (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and for construction contracts greater than $10,000, must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by the CDBG activity, on the basis of race, color, religion, sex, national origin, age, or disability; and, WHEREAS, in accordance with Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability and agrees to ensure that qualified individuals with disabilities have access to programs and activities that receive federal funds; and, WHEREAS, in accordance with Section 808(e)(5) of the Fair Housing Act (42 USC 3608(e)(5)) that requires HUD programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at least one activity during the contract period, to affirmatively further fair housing; 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 of Beaumont hereby adopts the following policies attached hereto: 1. Section 3 Policy, Exhibit "A" 2. Citizen Participation Plan & Grievance Procedures, Exhibit "B" 3. Excessive Force Policy, Exhibit "C" 4. 504 Grievance procedure, Exhibit "D" 5. Fair Housing Policies, Exhibit "E" PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames - Attest: Kyle Hayes, City Manager Section 3 Policy In accordance with 12 U.S.C. 1701u the City of Beaumont agrees to implement the following steps, which, to the greatest extent feasible, will provide iob training, employment and contracting opportunities for Section 3 residents and Section 3 businesses of the areas in which the program/project is being carried out. A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for compliance to Section 3 regulations by increasing opportunities for employment and contracting for Section 3 residents and businesses. B. Assign duties related to implementation of this plan to the designated Civil Rights Officer. C. Notify Section 3 residents and business concerns of potential new employment and contracting opportunities as they are triggered by TxCDBG grant awards through the use of: Public Hearings and related advertisements; public notices; bidding advertisements and bid documents; notification to local business organizations such as the Chamber(s) of Commerce or the Urban League; local advertising media including public signage; project area committees and citizen advisory boards; local HUD offices; regional planning agencies; and all other appropriate referral sources. Include Section 3 clauses in all covered solicitations and contracts. D. Maintain a list of those businesses that have identified themselves as Section 3 businesses for utilization in TxCDBG funded procurements, notify those businesses of pending contractual opportunities, and make this list available for general Grant Recipient procurement needs. E. Maintain a list of those persons who have identified themselves as Section 3 residents and contact those persons when hiring/training opportunities are available through either the Grant Recipient or contractors. F. Require that all Prime contractors and subcontractors with contracts over $100,000 commit to this plan as part of their contract work. Monitor the contractors' performance with respect to meeting Section 3 requirements and require that they submit reports as may be required by HUD or GLO to the Grant Recipient. G. Submit reports as required by HUD or GLO regarding contracting with Section 3 businesses and/or employment as they occur; and submit reports within 20 days of calendar year end which identify and quantify Section 3 businesses and employees. H. Maintain records, including copies of correspondence, memoranda, etc., which document all actions taken to comply with Section 3 regulations. As officers and representatives of the City of Beaumont, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Signature Title Date DISASTER RECOVERY EXHIBIT "A" Section 3 Plan City of Beaumont, Texas Policy Statement The City of Beaumont supports the Department of Housing and Urban Development's (HUD's) legislative efforts to provide preference to very low, low and moderate income residents of the local community (regardless of race and gender), and the businesses that substantially employ these persons, for new employment, training, and contracting opportunities resulting from HUD funded projects. What is Section 3? Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S. C. 1701 u) (Section 3) requires the City of Beaumont to ensure that employment and other economic and business opportunities generated by the Department and Housing and Urban Development (HUD) financial assistance, to the greatest extent feasible, are directed to public housing residents and other low-income persons, particularly recipients of government housing assistance, and business concerns that provide economic opportunities to very low, low and moderate income persons. Section 3 is applicable when the normal completion of construction and rehabilitation projects creates the need for new employment, contracting, or training opportunities. If the expenditure of covered funding does not result in new employment, contracting, or training opportunities, the requirements of Section 3 are not applicable. As a recipient of HUD Community Planning and Development assistance, the City of Beaumont certifies it will comply with the requirements of Section 3. HUD Community Planning and Development programs include the CDBG, HOME, ESG, and Neighborhood Stabilization Programs. The requirements of Section 3 also apply to contractors or subcontractors that receive contracts in excess of $100,000 for Section 3 eligible projects / activities. HUD's regulations on Section 3 can be found in the Code of Federal Regulations, at 24 CFR 135. Eligible Projects All projects / activities involving housing construction, demolition, rehabilitation or other public construction, i.e., roads, sewers, community centers, etc., that are completed with HUD Community Planning and Development funding are subject to the requirements of Section 3... DISASTER RECOVERY Section 3 Residents 1. Are residents of Public and Indian Housing, or 2. Are individuals that reside in the census tracts in or around the area(s) in which the Section 3 applicable assistance is expended and whose income does not exceed the local HUD income limits set forth for very low, low and moderate income households. Section 3 Business Concerns To be considered a Section 3 Business Concern at least one of the following must apply: 1. Business is 51 % or more owned by Section 3 residents. 2. At least 30% of the business's permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the firm were Section 3 residents; or 3. Business provides evidence of a commitment to subcontract in excess of 25% or the dollar amount of all subcontracts to be awarded to businesses that meet the qualifications described above. In accordance with the regulation, residents and business concerns seeking Section 3 preference shall certify, and/or submit evidence to the City of Beaumont, contractor, or subcontractor, verifying that they meet the definitions provided above. Implementing Procedures to Ensure Section 3 Requirements The following Bid Specifications & Contract clause is included in all City of Beaumont bid specifications and contracts whose funding is derived from HUD and involves housing construction, demolition, rehabilitation, or other public construction, i.e., roads, sewers, community centers, etc. `The work to be performed under this bid specification /contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD Assistance or HUD —assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to very low, low, and moderate income persons, particularly persons who are recipients of HUD assistance for Housing.' Compliance to Section 3 To ensure compliance with Section 3 requirements, the City of Beaumont will document actions taken to comply, including but not limited to: 4 1. Facilitating the training and employment of Section 3 residents by notifying the Beaumont Housing Authority, local job training centers, and the Texas Workforce Commission of new employment, training, or contracting opportunities resulting from the expenditure of covered funding; 2. Assisting and actively cooperating with HUD in ensuring contractors and subcontractors comply with Section 3; 3. Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; and 4. Documenting actions taken to comply with Section 3 and submitting Section 3 Summary report (HUD Form 600002). THE CITY OF BEAUMONT CITIZEN PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY PROGRAM COMPLAINT PROCEDURES These complaint procedures comply with the requirements of the Texas General Land Office's Community Development Block Grant - Disaster Recovery (CDBG - DR) Program and Local Government Requirements found in 24 CFR §570.486 (Code of Federal Regulations). Citizens can obtain a copy of these procedures at the City of Beaumont, 1401 State Highway 146, Beaumont, Texas, (281) 334-1611 during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided under the CDBG - DR project. A person who has a complaint or grievance about any services or activities with respect to the CDBG - DR project, whether it is a proposed, ongoing, or completed CDBG - DR project, may during regular business hours submit such complaint or grievance, in writing to the City of Beaumont, 1401 State Highway 146, Beaumont, Texas, or may call (281) 334-1611. 2. A copy of the complaint or grievance shall be transmitted to the entity that is the subject of the complaint or grievance and to the City Attorney within five (5) working days after the date of the complaint or grievance was received. 3. The City shall complete an investigation of the complaint or grievance, if practicable, and provide a timely written answer to person who made the complaint or grievance within ten (10) days. 4. If the investigation cannot be completed within ten (10) working days per 3. above, the person who made the grievance or complaint shall be notified, in writing, within fifteen (15) days where practicable after receipt of the original complaint or grievance and shall detail when the investigation should be completed. 5. If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the CDBG - DR for their further review and comment. If appropriate, provide copies of grievance procedures and responses to grievances in both English and Spanish, or other appropriate language. TECHNICAL ASSISTANCE When requested, the City shall provide technical assistance to groups that are representative of persons of low- and moderate -income in developing proposals for the use of CDBG - DR funds. The City, based upon the specific needs of the community's residents at the time of the request, shall determine the level and type of assistance. DISASTER RECOVERY 000110,11S The City, based upon the specific needs of the community's residents at the time of the request, shall determine the level and type of assistance. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the City, the following public hearing provisions shall be observed: 1. Public notice of all hearings must be published at least seventy-two (72) hours prior to the scheduled hearing. The public notice must be published in a local newspaper. Each public notice must include the date, time, location, and topics to be considered at the public hearing. A published newspaper article can also be used to meet this requirement so long as it meets all content and timing requirements. Notices should also be prominently posted in public buildings and distributed to local Public Housing Authorities and other interested community groups. 2. When a significant number of non-English speaking residents are a part of the potential service area of the CDBG - DR project, vital documents such as notices should be published in the predominant language of these non-English speaking citizens. 3. Each public hearing shall be held at a time and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and the City must make arrangements for individuals who require auxiliary aids or services if contacted at least two days prior to the hearing. 4. A public hearing held prior to the submission of a CDBG - DR application must be held after 5:00 PM on a weekday or at a convenient time on a Saturday or Sunday. 5. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. The City shall comply with the following citizen participation requirements for the preparation and submission of an application for a CDBG - DR project: 1. At a minimum, the City shall hold at least one (1) public hearing to prior to submitting the application to the Texas General Land Office. 2. The City shall retain documentation of the hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the proposed use of funds for three (3) years from closeout of the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas Government Code. 3. The public hearing shall include a discussion with citizens as outlined in the applicable CDBG - DR application manual to include, but is not limited to, the development of housing and community development needs, the amount of funding available, all eligible activities under the CDBG - DR program, and the use of past CDBG - DR contract funds, if applicable. Citizens, with particular emphasis on persons of low- and moderate -income who are residents of slum and blight areas, shall be encouraged to submit their views and proposals regarding community development and housing needs. Citizens shall be made aware of the location where they may submit their views and proposals should they be unable to attend the public hearing. 4. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. The City must comply with the following citizen participation requirements in the event that the City receives funds from the CDBG - DR program: 1. The City shall also hold a public hearing concerning any substantial change, as determined by CDBG - DR, proposed to be made in the use of CDBG - DR funds from one eligible activity to another again using the preceding notice requirements. 2. Upon completion of the CDBG - DR project, the City shall hold a public hearing and review its program performance including the actual use of the CDBG - DR funds. 3. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, for either a public hearing concerning substantial change to the CDBG - DR project or for the closeout of the CDBG - DR project, publish notice in both English and Spanish, or other appropriate language and provide an interpreter at the hearing to accommodate the needs of the non-English speaking residents. 4. The City shall retain documentation of the CDBG - DR project, including hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the actual use of funds for a period of three (3) years three (3) years from closeout of the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas Government Code. Mayor Date Excessive Force Policy In accordance with 24 CFR 91.325(b)(6), the City of Beaumont hereby adopts and will enforce the following policy with respect to the use of excessive force: 1. It is the policy of the City of Beaumont to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations; 2. It is also the policy of the City of Beaumont to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 3. The City of Beaumont will introduce and pass a resolution adopting this policy. As officers and representatives of the City of Beaumont. we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Signature Date Title DISASTER RECOVERY EXHIBIT "C" Section 504 Policy Against Discrimination based on Handicap and Grievance Procedures In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted programs and activities of the Department of Housing and Urban Development, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309), the City of Beaumont hereby adopts the following policy and grievance procedures: 1. Discrimination prohibited. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development (HUD). 2. The City of Beaumont does not discriminate on the basis of handicap in admission or access to, or treatment or employment in, its federally assisted programs and activities. 3. The City of Beaumont's recruitment materials or publications shall include a statement of policy number 1 (mentioned above). 4. The City of Beaumont shall take continuing steps to notify participants, beneficiaries, applicants and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipients that it does not discriminate on the basis of handicap in violation of 24 CFR Part 8. 5. For hearing and visually impaired individuals eligible to be served or likely to be affected by the TxCDBG program, The City of Beaumont shall ensure that they are provided with the information necessary to understand and participate in the TxCDBG program. 6. Grievances and Complaints a. Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for The City of Beaumont to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. b. Complaints should be addressed to: Mitchell Normand, Personnel Manager, P.O. Box 3827, Beaumont Texas 77704, (409) 880-3760 who has been designated to coordinate Section 504 compliance efforts. c. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. DISASTER RECOVERY EXHIBIT "D" d. A complaint should be filed within thirty (30) working days after the complainant becomes aware of the alleged violation. e. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by Mitchell Normand. Informal but thorough investigations will afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. f. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Mitchell Normand, and a copy forwarded to the complainant with fifteen (15) working days after the filing of the complaint where practicable. g. The Section 504 coordinator shall maintain the files and records of the City of Beaumont relating to the complaints files. h. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the determination/resolution as described in f. above. The request for reconsideration should be made to the City of Beaumont within ten working days after the receipt of the written determination/resolution. i. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the U.S. Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. j. These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and assure that the City of Beaumont complies with Section 504 and HUD regulations. As officers and representatives of the City of Beaumont, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Signature Title Date Fair Housing Policy In accordance with, Fair Housing Act, the City of Beaumont hereby adopts the following policy with respect to the Affirmatively Furthering Fair Housing: 1. The City of Beaumont agrees to affirmatively further fair housing choice for all seven protected classes (race, color, religion, sex, disability, familial status, and national origin). 2. The City of Beaumont) agrees to plan at least one activity during the contract term to affirmatively further fair housing. 3. The City of Beaumont will introduce and pass a resolution adopting this policy. As officers and representatives of The City of Beaumont, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Signature Date Title DISASTER RECOVERY EXHIBIT "E" F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sewer improvements in Barrington Heights Subdivision, Phase XI. BACKGROUND On March 22, 2017, a final inspection from all entities was completed and administration recommends approval of the following: • Complete Dante Lane extension heading north to tie in with Brayfield Lane and including the Cul de Sac. • Complete Brayfield Lane heading east to tie in with Valmount Lane. • Continue Valmount Lane heading north toward future Claybourn Drive. Recommended for approval are the street maintenance, storm sewer, water and sewer improvements for Barrington Heights Subdivision, Phase XI right -of- way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. MINUFTITirfim RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Barrington Heights Subdivision, Phase XI have been completed as follows: ; and, Street • Complete Dante Lane extension heading north to tie in with Brayfield Lane and including the cul de sac. • Complete Brayfield Lane heading east to tie in with Valmount Lane. • Continue Valmount Lane heading north toward future Claybourn Drive. Street Maintenance, Storm Sewer, Water and Sanitary Sewer Improvements • Barrington Heights Subdivision, Phase XI, right-of-way only. WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the above -referenced street, storm sewer, water and sanitary sewer improvements in Barrington Heights Subdivision, Phase XI, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames - G BEAUMONT TEXAS TO: I City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director _T MEETING DATE: May 30, 2017 ' I REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a fifteen foot (15') wide Exclusive Storm Sewer Easement. BACKGROUND The City of Beaumont is selling a 0.6244 irregular shaped city -owned tract of property located in the 700 Block of Laurel Avenue known as the Crockett Street Parking Lot. Prior to selling the 0.6244 acre tract, the City must retain a fifteen foot (15') Exclusive Storm Sewer Easement. The Storm Sewer Easement is described as being a 0.0510 acre tract situated in the Noah Tevis Survey, Abstract No. 52. The easement provides storm sewer services to adjacent landowners and businesses. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City of Beaumont is selling a 0.6244 irregular shaped city -owned tract of property located in the 700 block of Laurel Avenue known as the Crockett Street Parking Lot; and, WHEREAS, prior to selling the 0.6244 acre tract, the City must retain a fifteen foot (15') exclusive storm sewer easement, said easement being a 0.0510 acre tract situated in the Noah Tevis Survey, Abstract No. 52, as described and shown in Exhibit "1," attached hereto, for the existing infrastructure providing storm sewer services to adjacent land owners and businesses in the 700 block of Laurel Avenue; and, WHEREAS, the City Council has considered the purpose of said easement and is of the opinion that the retention of said interest is necessary and desirable and that same should be retained and 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 one (1) fifteen foot (1) wide exclusive storm sewer easement conveyed by the City of Beaumont, Texas, being a 0.0510 acre tract situated in the Noah Tevis Survey, Abstract No. 52, as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, retained and accepted for the stated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X STORM SEWER EASEMENT THAT, CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an Exclusive Storm Sewer Easement and the exclusive right to construct, alter, and maintain said storm sewer lines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing storm sewer lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT 1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2017. CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County By: Name: Kyle Hayes Title: City Manager {INTENTIONALLY LEFT BLANK) ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of , 2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXIIIBIT "A" Legal Description: Centerline of a 15 Foot Wide Storm Sewer Easement Containing 0.0510 Acres ' Noah Tevis Survey, Abstract No. 52 Beamnont, Jefferson County, Texas BEING a centerline of a 15 foot wide storm sewer easement containing 0.0510 acres situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of the remainder of that certain called 35,912.80 square feet tract of land as described in a "General Warranty Deed" from First City National Bank of Beaumont to the City of Beaumont as recorded in Film Code No. 100-72-0784, Official Public Records of Real Property, Jefferson County, said centerline being more particularly described as follows: NOTE.- All bearings are referenced to the Southeasterly right-of-way line of Park Street as NORTH 40'28'15" WEST as recorded in Film Code No. 100-72-0784, Official Public Records of Real Property, Jefferson County, Texas. All set 5181, iron rods set with caps stamped "M. W. Whiteley & Associates". COMWNCING at a City of Beaumont concrete monument found for the intersection of Neches Street and Crockett Street (based on a width of 61.11 feet); THENCE NORTH 49031'45" EAST, along and with the centerline of Crockett Street, for a distance of 391.61 feet to a scribed 'X' in concrete set for comer, said comer being in centerline of Crockett Street and the Northeasterly right of way line of Park Street (called Sabine Street per Plat) (based on a width of 61.11 feet); THENCE NORTH 40°28'15" WEST, along and with the Northeasterly right of way line of Park Street, for a distance of 153.79 feet to a scribed ")C' in concrete set for comer; THENCE NORTH 11 0 18'22" WEST, along and with the Northeasterly right of way line of Park Street, for a distance of 14.49 feet to the POINT OF BEGINNING of the centerline herein described; THENCE NORTH 71058'12" EAST, over and across the remainder of the said 35,912.80 square feet City of Beaumont tract, for a distance of 148.03 feet to the POINT OF TERMINATION, said point being in the South right of way line of Laurel Street, said easement being 0.0510 Acres, more or less. Surveyed on N on this survey. TBPLS Firm No 12, 2015. This legalALscri � ' n is being submitted along with a plat based RPLS No. 5728 H W W F- N W v W Z I SET I. FND N11'18'22"W 31.78'- C MH N11'18'22"W 14.49'-N SET SCRIBED "X" IN CONCRETE POC, FND. CITY OF BEAUMONT CONC. MON. CENTERLINES OF NECHES STREET & CROCKETT STREET N49'31'45"E 391.61' \Q1 11 14111 APPROX. '¢8 FFT POT 7' X 7' BOX CULVERT STORM SEWER 15' STORM \ SEWER EASEMENT CONTAINING \ sTM 0.0510 Acres \ sTM\ •- \ STM\ LO REMAINDER OF sTM CALLED 35,912.80 SQ. FT. \ sTM N CITY OF BEAUMONT \ sT FC. NO. 100-72-0784 M\ Z OPRJC sTM\ sTM O MH TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: _ORIGINAL PROPERTY UNE _ _ CROCKETT STREET— ABANDONED BY CITY ORDINANCE NO. 17-005,— (61.11' ROW) DATED JANUARY 21, 2017) I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. __ DATE SURVEYED: NOVEMBER 12, 2015 " ((fOMAS S. RR .5728 .P;°� — REGISTERED EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION CITY OF BEAUMONT DR BY. COD SCALE: SHEET No.: VER: Asw 2016 1 "=40' 1 1 of 1 JOB NO. FILE: W:2015\15-1250\ I REV. 15-1250 15-1250-SS0 MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS T.B.P.L.S. FIRM NO. 10106700 P.O. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXA677' .5492 BEAUMONT. TEXAST7703 409492-0421 (FAX) 409492-7346 I— W W F-3 N o N� W -1 w- 0 EXHIBIT OF A 15' STORM SEWER EASEMENT NOAH TEVIS SURVEY ABSTRACT NO. 52 BEAUMONT, JEFFERSON COUNTY, TEXAS 700 Block of Laurel (Crockett Street Parking Lot) BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 30, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving a contract with Moncla's Inc. for the 2017 Summer Food Service Program 2. Consider a resolution authorizing the creation of the Downtown Beaumont Cultural Arts District 3. Consider a resolution authorizing the City Manager to submit an application for grant funding to the Texas Department of Transportation for sidewalk improvements and ADA curb ramps at intersecting streets along Dowlen Road between Highway 69 and Folsom COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jerome Woods v. The City of Beaumont; Cause No. E-198,884 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. 1 May 30, 2017 Consider a resolution approving a contract with Moncla's Inc. for the 2017 Summer Food Service Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution approving a contract with Moncla's Inc. of Beaumont for the 2017 Summer Food Service Program. BACKGROUND The Summer Food Service Program, which is funded by the U.S. Department of Agriculture and administered by the Texas Department of Agriculture (TDA), provides free, nutritious, and well- balanced meals for any child from one to 18 years of age. This is the 25th year the Recreation Division has participated in the program. Last year, 17,799 meals were delivered at a cost of $3.47 per lunch for a total of $ 61,762.53. The full cost of the meals was reimbursed by the grant at the rate of $3.47 per meal. The 2017 program will begin on June 5, 2017 and continue through August 11, 2017. Lunches will be served Monday through Friday excluding the July 4, 2017 Independence Day Holiday. This year's program will provide lunches for forty nine (49) days at a cost of $4.95 per meal at nine (9) locations throughout the City including, Cathedral of Faith Baptist Church, The City Athletic Complex, Northridge Apartments, Points North Apartments, Magnolia Park, Alice Keith Park, Sprott Park, Roberts Park and Central Park. The total estimated number of meals used for bidding purposes was 17,395 for a total estimated cost of $86,105.25. The grant will reimburse the cost of each meal at $3.47. This will cause the City to absorb the cost which is in excess of the grant at an estimated cost of $25,745. The actual number of meals that will be served is based on actual participation levels. Bid announcements were sent to six vendors and Moncla's was the only vendor that responded. A bid tabulation is attached. FUNDING SOURCE U.S. Department of Agriculture. General Fund. RECOMMENDATION Approval of resolution. CITY OF BEAUMONT - PURCHASING DIVISION BEAU MONT Terry Welch - Senior Buyer -TEXAS, 409-880-3107 twelchAbeaumonttexas BID TABULATION: Summer Food Service Program BID No. TP0517-12 OPENING DATE: Thursday, May 18, 2017 Vendor Moncla's Inc. City / State Beaumont, TX ITEM Qty. Unit Price Total Summer Food Service Program 17,395 $4.95 $86,105.25 Meals Total Bid: $86,105.25 Lowest qualified bidder is: Moncla's Inc SCHEDULE A SITE INFORMATION LIST Enter site information or attach equivalent information. Read instructions for completion of the site information list on the next page. Contracting'Entity CE Name CE Address- CE Contact Person/Phone Number City of Beaumont 780 S. Fourth St. Amber Clark (409) 838 - 1902 Site Name and Site Contact Refrig. All Begin + End Total Meal Aveg Total Delivery Time for Address ' Person/ Meals? Date Date Days Type Meals/ Meals Each Meal Phone# Yes or No Op. Day Type Cathedral of Faith Amber Clark Yes June 5, Aug. 49 Breakfast BC (Outreach 409-838-1902 2017 11, AM Snack Lunch 50 2450 10:00 A.M. bldg. in rear) 2017 3210 Elmira PM Snack Supper Site Name and Site Contact Refrig. AllTotal Begin:; End Meal Aveg Total Delivery Time for. Address Person/ Meals? . Date Date Days Type Meafs/ Meals Each Meal phone# Yes or No Op. Day Type Beaumont Amber Clark Yes June 5, Aug. 49 Breakfast AM Snack Athletic Complex 409-838-1902 2017 11, 6455 College St. 2017 Lunch 15 735 10:15 A.M. PM Snack Supper Site Name and Site Contact Refrig. All Begin End E Total Aveg Total Delivery Time for Address Person/ Meals? Date Date Days Days Type Meals/ ' Meals Each Meal Phone # Yes or No Op. Day Type Northridge Apts. Amber Clark Yes June 5, Aug. 49 Breakfast AM Snack 4155 Maida 409-838-1902 2017 11, 2017 Lunch 20- 980 10:30 A..M. PM Snack Supper Site Name and- Site Contact Refrig. All Begin ;' End Total Meal Aveg Total Delivery Time for Address Person/ Meals? Date Date Days Type Meals/ Meals Each Meal Phone # Yes or No Op Day Type Pointe North Amber Clark Yes June 5, Aug. 49 Breakfast AM Snack Apts 409-838-1902 2017 11, 3710 Magnolia 2017 Lunch 20 980 10;45 A.M. PM Snack Supper Page 22a of 35 ,-.Site Name ancl°;- �cid r le i's'ls -'Sitd-contact Refry e. All YeS Or N . . . . . . . . . . e In. a 'e;r Site Name and Sife Contact -. , TV Encl Meal Tota! Ti»efar; Address PersonjPhana# Date Dates Type ea Meals EachNtealr,: Breakfast ? Z'Yes o, or`N 7 Magnolia Park Amber Clark Yes June 5, AugII 49 AM Snack Breakfast 2930 Gulf 409-838-1902 Amber Clark Yes 2017 2017 49 Lunch 130 6,370 11:00 A.M. 2017 2017 PM Snack Fourth _735 Supper 'Slt:Naen Address:-jare:Datb :- . ' y 777777:= esora1 Breakfast Alice Keith Amber Clark Yes June 5, AugII 49 AM Snack _iunch Park 4075 Highland Ave, 409-838-1902 2017 2017 40 1,960 11:15 A.M. PM Snack Supper Address PersonJPhone 1Vleaison� -'Yes N Begin Date End, ':' - - � : Date Tot, DayA.lYleais Op, :� P P AV& Meals Ime Each.YPe Breakfast Sprott Park Amber Clark Yes June 5, Augll 49 AM Snack 4325 Usan 409-838-1902 2017 2017 Lunch 40 1,960 11:30 A.M. PM Snack Supper Name and •. address Site Crxlntact E. JMe Begii! .:IE s ch MeatOp Breakfast Roberts Park 2455 Ave C Amber Clark 409-838-1902 Yes June 5, 2017 AugII 2017 49 AM Snack Lunch 25 1,225 11:45 A.M. PM Snack Supper 22b of 35 Site Name and Sife Contact -. , Begin Encl Meal Tota! Ti»efar; Address PersonjPhana# Date Dates Type ea Meals EachNtealr,: ? Z'Yes o, or`N 7 . Breakfast Central Park Amber Clark Yes June 5 Aug1I 49 AM Snack 640 South 409-838-1902 2017 2017 Lunch 15 12:00 RtaonSupper Fourth _735 22b of 35 Bisd Child Nutrition 2017 Summer Feeding Sites School Address Dates South Park Middle 4500 Highland June 12 -June 30 409-617-5887 Vincent Middle 350 Eldridge June 6 -June 22 409-617-5960 Amelia Elementary 565 Major Dr. June 12- June 30 409-617-6010 Charlton- Pollard Elementary 825 Jackson June 6 -June 22 409-617-6156 Fletcher Elementary 1055 Avenue F June -6 -June 30 409-6106 Pietzsch-MacArthur 4301 Highland June 12 -June 30 409-617-6490 July 10-21 No Fridays July 31 -Aug 11 No Fridays Bingman Pre -K 5265 S. Kenneth June 6 -July 3 409-617-6216 Jones -Clark Elementary 3525 Cleveland June 6- June 30 409-617-6358 West Brook High 8750 Phelan June 12 -June 30 409-617-5527 July 10-21 No Fridays July 31 -Aug 11 No Fridays Monday — Friday Serving Times: Breakfast 7am-9am Lunch 11am- fpm Free Meals for children under 18 years of age USDA English Non -Discrimination Statement In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington DC 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). "USDA is an equal opportunity provider and employer." RESOLUTION NO. WHEREAS, bids were received for a contract to furnish lunches for the 2017 Summer Food Service Program funded by the U.S. Department of Agriculture, administered by the Texas Department of Agriculture and sponsored by the City of Beaumont Recreation Division; and, WHEREAS, Moncla's Inc., of Beaumont, Texas, submitted a bid for an estimated quantity of 17,395 lunches served in the unit bid amount of $4.95 per lunch for an estimated expenditure of $86.105.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Moncla's Inc., of Beaumont, Texas, 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 Moncla's Inc., of Beaumont, Texas, for the 2017 Summer Food Service Program administered through the Recreation Division for an estimated quantity of 17,395 lunches served in the unit bid amount of $4.95 per lunch for an estimated expenditure of $86,105.00 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 Moncla's Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames - 2 May 30, 2017 Consider a resolution authorizing the creation of the Downtown Beaumont Cultural Arts District BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager �S (3 PREPARED BY: Chris Boone,` Tanning & Community Development Director MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution authorizing the creation of the Downtown Beaumont Cultural Arts District. BACKGROUND The Southeast Texas Arts Council (SETAC) is working to create the Downtown Beaumont Cultural Arts District. Established by the H.B. 2208 of the 791h Legislature, the bill allows the Texas Commission on the Arts (TCA) to designate Cultural Arts Districts for culturally significant areas of the state. These special zones seek to stimulate economic development and tourism by promoting and developing arts, culture and other historic attributes of an area. Funding from the TCA can be used for marketing, infrastructure and events within the district. In order to become a Cultural Arts District, community support must be demonstrated through resolutions of support from both the city and county governments. If approved, a non-profit board would be established to govern the Arts District. Sue Bard, the Director of the Southeast Texas Arts Council, would be responsible for establishing the non-profit and the Board. FUNDING SOURCE - The City of Beaumont would not be required to fund the Arts District; however, the "District" could request funding at a future date. A budget has not been created at this time. The City currently funds the Southeast Texas Arts Council in the amount of $50,000 annually with Hotel Occupancy Tax dollars. RECOMMENDATION Approval of the. resolution. Proposed Cultural District, Downtown Beaumont 000000D if FT-IF-100000aoo�oo� Ul- Beaumont CVB Centre Jefferton Theater Hotel Beaumont 1. SE MC 2. Beaumont CVB 5 3. Sanders House & Cottage 4'. Fire Museum ofTexas. 5. Edison Museum 6. Edson Hotel 7 -.The Art Museum of Southeast Texas 0- 8.Tyrrell Historical Library 9.Texas Energy Museum O. 10. Julie Rogers Theater 11. Beaumont Civic Center 12. Riverfront Park 13. Goodhue. Building 14. Gilbert Building 15. San Jacinto Building 16. Jeffersoh Theater 17; Hotel Beaumont is. Beaumont Dry Goods 19. Mildred Building 20. The Event,CLntre: .. 21.TheArt StUd 19, Inc. 22. Beaumont Chamber of Commerce 23. Jefferson County Courthouse 24. Jack Brooks Federal Building 25. Saint Anthony Cathedral Basilica Texas Arts Council Fire: Museum .qfTpXps- . .- Riverfront Park Art Museum of 'Southeast Texas Beaumont Civic Center Julie Rogers Theater Beaumont The Art Studio, Inc. '40': V- 0 Pry Goods The Southeast Texas Arts Council 0 Beaumont Convention & Visitors Bureau 0 Beaumont Chamber of Commerce .0 Museums and Exhibition Spaces 0 Historic Buildings 0 Venues RSON C0 a TEXA$ Resolution STATE OF TEXAS § COMMISSIONERS' COURT § COUNTY OF JEFFERSON § OFIEFFERSON COUNTY, TEXAS BE IT REMEMBERED -ata meeting of Commissioners''Courtpf Jefferson County, Texas, held on the day of 2017, on motion made by Commissioner of Precinct No. and seconded by ; Commissioner"of Precinct No. the following Resolution was adopted. DOWNTOWN BEAUMONT CULTURAL ARTS DISTRICT WHEREAS, a cultural district has been designated to assist the district and county to develop a public- private partnership to support said district; and WHEREAS, the SOUTHEAST TEXAS ARTS COUNCIL has signed a resolution of support for said cultural district; and WHEREAS, the Texas Commission on the Arts will be petitioned to designate said cultural district; and WHEREAS, Jefferson County endorses the -submission of this application and agrees to participate in the development and financial support of said cultural district to promote economic development of said cultural district within the context of preservation and rehabilitation of our historic buildings; and WHEREAS, the cultural district would promote economic and tourism development of said cultural district and county; and WHEREAS, -the Commissioners Court will appoint a person to represent the county on the governing board of said cultural district. NOW THEREFORE, BE IT RESOLVED that the Commissioners Court of Jefferson County, Texas does approve of the establishment of the Downtown Beaumont Cultural Arts District and we urge all residents of county and especially those citizens who own property or businesses within said cultural district to support, promote and help maintain activities and events in said district. SISGNED this -day of , 2017. JUDGE JEFF R. BRANICK . COUNTY JUDGE COMMISSIONER EDDIE ARNOLD Precinct No. I COMMISSIONER BRENT A. WEAVER Precinct No. 2 COMMISSIONER MICHAEL S. SINEGAL Precinct No. 3 COMMISSIONER EVERETTE D. ALFRED Precinct No..4 RESOLUTION NO. WHEREAS, the Southeast Texas Arts Council (SETAC) is working to create the Downtown Beaumont Cultural Arts District; and, WHEREAS, established by H.B. 2208 of the 79th Legislature, the bill allows the Texas Commission on the Arts (TCA) to designate Cultural Arts Districts for culturally significant areas of the state; and, WHEREAS, these special zones seek to stimulate economic development and tourism by promoting and developing arts, cultural and other historic attributes of an area; 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 Council of the City of Beaumont supports the creation of a Downtown Beaumont Cultural Arts District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. - Mayor Becky Ames - May 30, 2017 Consider a resolution authorizing the City Manager to submit an application for grant funding to the Texas Department of Transportation for sidewalk improvements and ADA curb ramps at intersecting streets along Dowlen Road between Highway 69 and Folsom BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: May 30, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit an application for grant funding through the Transportation Alternatives Set -Aside Program through the Texas Department of Transportation. BACKGROUND The Texas Department of Transportation (TxDOT) announced a statewide Call for Projects under the Transportation Alternatives Set -Aside (TA Set -Aside) Program for population areas of 200,000 or less. The City of Beaumont jurisdiction population was classified as 118,296 —Small Urban, based on the 2010 US Census. In order to complete the application, the City must provide an Official Project Sponsor Funding Resolution or Ordinance which must include the following written commitment: "The Project Sponsor supports funding this project as described in the 2017 TA Set Aside Nomination Form (including the construction budget, the department's 15% administrative cost and the required local match) and is willing to commit the projects' development, implementation, construction, maintenance, management, and financing. The project sponsor is willing and able to enter into an agreement with the department by resolution or ordinance, should the project be selected for funding. " The proposed project will consist of constructing ADA sidewalks along the east side of Dowlen Road from US Hwy 69 Frontage Road to Folsom Drive. The estimated cost of the project is $787,049.00 with $99,921.00 estimated for the City's participation if proposal is accepted. FUNDING SOURCE If the grant is awarded, the City's share would be paid for out of the Capital Program. RECOMMENDATION Approval of resolution. 0. 9 R , � a LOCATION MAP SCALE: NTS 1 AU/ETM DR. �A CCA D.R. ARGAR DO i 'NOD ND PK RY v JA.HICHPOINT URANGO CIRCLE m 4 o C VEGAS pyTE JANCAR IFA �^ D SPRINGMEW y� pA r7i{DRN 3 ASS 3 AL.0 CSR' yC�, Cqy WILD 'OC a TUPELO u£Jp ppnn HARM NY g KS k �ic PIVOO y C pP HINOUAP7N D g` P� ti AD s,F 'Ay ��bbVTM a F.,a t> a p X v MINNER LAY OS OSEDAL �C�O v N GARNrR w K'\ a W RO EDA rc P ICA COLE ^t K�.1 w „aPy z w P A I o= m PG SLUEBER Y DENE�`RR $7 .°� c� a AMILTON o' MARGO LA DRY BEGIN PROJECT _ 0+00 °R POINTERTEBLV 0 > c 111UELA CREEK DR y�2CO,p� � 2 7 -WEST POINTE' DR. w w OAK GROVE A 4 2 -CENTRAL PLATE' DR. r w n 5 3 -EAST POINTE' OR. a s a COU.IF:R J v O © POINTE' PARK OR _ A 1 2 3, 0 x TARD LL 69 a2 sE" Q 0� 'SYf 4 y 96 0 FOLSOM j FOLSOM END PROJECT K Y - rY uA 5 IBRIA ARTHUR HRISTINA a a rA v tvE 'o o HRISIINA z �t STATION 65+65 EAST a 3 COO�TLAI d c „g - AFT �g0.� L) O G NEBRODK CREEK tS iF!ILDIMETROPOUTAN GS p x STONFNPL.' 4Q DRIVE m R RINCTON CE 0 -i s AT��L 51ytiA p GANTERLI =SHADb1f s EN 4 - a a �PY'4UTTLEFIELD LIITI.EC SE '� �A` - i0 AS Cp TONE C T FAIRMNT HEA = p THOS LOCATION MAP SCALE: NTS 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM • Addtiinna! program 1riformafion.can be fotinr! m TXDOT's2017 TranspnriatiogSet Aside.Program Guide . i htw:/%www-txddt:gov/inside-txdot/`dlvision/"public-transportation/bidydle-pedestrian;htmI NOTE; Ali attechMkti,s musf besubmitted In fetter -sized (8.-5"x 11") format. I I.lai_II i 1.; Project Spomso:r Name (only on'e entlty,can�act,as protectsponsor) `. 2 Junsdictlon Population _ E _.. 'City of Beaumont 118,296 =(gasedon2010 3: Type of:Organl-W10n/Qgoncy%Auth'or ty (select from dropdown below) Small Urban tlStensus) 1 - - -- Local Government W •, Enabling legislation/ Iegislatlye;authontyfor Project Sponsor'(if appbcable):. N/A i:. PrOJGCt'`Spon!Sdr CO1 halt InformatiOLl:'(Authorized.represeritafive) i . Contact Person:. Kyle Hayes Title: City Manager I. Mallmg=Address: 801 Main Street Physical°A`ddress 801 Main Street Is f City ;``,°;` Beaumont Gity: Texas Zip Code 77701 Zip'Code: 77701 Contact's Phone.- 4098803725 Entity.'s MainiPhon6: 409$803725 _ I Email: ' ' KHayes@BeaumontTexas.gov 1 )Nebslte: beaumonttexas.gov Lr - r I�(1 l 1l ;J 1i1iJ..�_ ,�_.. 5.�ProJectName Dowlen Road Sidewalks Project t6 . Eligible' ProJect,Activity'(Selecfth., acCiuity from the dropd, list thatbest describes the prii�ect) `I 4) Sidewalks •r =' 7 •Pro�ecf.Location Infdr, rnation_ TxDOT District: -I Beaumont �' Texas.County. Jefferson 1pr6ject,l6cation: Describe usingstreetname.: adyace'nt wateivaV, or other identifying iandmark �— E_ On. orad to. Dowlen From:, Hwy 69 Feeder Road (ex 1s`#Ave Road nue) �. rl rMam,.Street) 166 3rd L . (ex_ Folsom (ex Avenue) ,I `lf pro1ect;=Involves,multrpie locations. describe primary to ca do n-,below;(latitude/tongitu ed )and provide totaf,proJect'/engfh: ',dcomplete list of. asing the,descr!ptwe limits beginrnng %*o -WI ateall improvement -'locations and and;ending latftui$ d' 4 %Label attachment;as ProJect�LocaElon Information AttachmentA No more •than 2 pages i — — -- I iPrbi,01; l mics ;Enter latitudejli5ngrrude:7n`degreesminutes seconds Rroject dimensions' Latitude Longitude. Fr Onl: 30 7 13219 N-° 94 9 22.00 W' Total length; 1.22 I miles T TO: 30 6 5443 N. 94 10 7.11 W ,Facility Width r5 feet; li III I 1 s, (example 30 15 22 36 97 44 4-1) 03Material L�depth =_I 'inch'es _ 8. Legislati�e,Representatiues; D'istnct#: Name. Texas:House of'Repres6ritatiyes; 21 Dade Phelan 22 Joe D. Deshotei 1, I� I , 1 Texas State Senators Brandon Creighton U&'House of Representatives: 14 1 Randy Weber j a Page 1 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM Page 2 of 10 Mo If JJ:NV_XB_WA 9� Projec#}Descnption Provide a well developed' narrative,about the projeci for+which the project sponsor is seeking funding�'Describe the Eligible:project-:Activity.,(topic 6 on Explaintheibenefitszthe wilLprovide transportation. Epage ) project lq.the surface . prts and summanze the work actiUities to he performed system `Include details aboutthe oposetl improvemen Rewewthe Project Evaluation and Selec#iomCriteria,topic m the 2017 TASe# Aside Program,Guide and address '' E :criteria categories as parttofthe protect description (Lfmlted tot3,000 charaoters;Wrth spaces +Do riot add spaces be't, weert !Ines Use pant prevlew-to verr'fy text fits in the box below:) _. Dowlen Road, South of Highway 69, is heavily traveled due to the continuirig development of the heavy commercial area. The remaining right of way behind the road edge would best serve the community as a concrete sidewalk with ADA curb ramps and improved road crossings at intersecting streets. The proposed sidewalks will provide safety, ' �l mobility, accessibilty and economic development. Completing the transitions between sidewalks and improving the ' road crossings will also provide access to medical fab_ ilities(Medical Center of Southeast Texas, MRI Center, Beltone Hearing Aid Center), along Dowlen Road. The Dowlen Road Sidewalks Project will bean independent project and no larger transportation projects are anticipated at this time. Construction will consist of 3,490 -linear feet of five(5) foot 1,. wide sidewalks along the Eastside of Dowlen Road extending from Hwy 69 Frontage Road heading South to Folsom Drive. The overall project length is 1.22 -miles and the new sidewalks will tie into existing sidewalks along the route All curb ramps shall meet ADA standards and all intersecting streets shall be improved with new pavement markings and required signage. When the City of Beaumont is selected, our staff has the ability to advance the project to construction immediately. Design/Engineering are at 60% completion. ry t i n? iyy ' V I ijrM1 �Mbt 'A 71 Page 2 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM 10, ,Profect�Detarls, Provide; maps;..typic" T'�sectiphs chari:Otliagrams, and�pti'otographs to, desetibe theproposed prg]ect and improveptents in detaiL A location map.anda., 'eaject layout map are a;mm.'imum requirement: Atypical section is ' requested Tliepro�ect.,layout map must be at,a scale to,clearlyidentify:'street°names„comriiunity landmarksand features, as::well as=the•.Proleet's beginning'and'' di- 1fthepro�eet plans are•30°/aor:rnore:complete;=include'odly 1• examafessheets as=attaohments & arovide a weblink-for,,olan'review . The construction plans-;forth'is pro�egt a.re cur,"rently., ;Under Development 60 %•complete i lnserUplan review link.. N/A I Pnmary faoility type . Sidewalks �� ;Surfaceaype/rnatenal I Concrete I .. Does th'e pro�ectlinclwde Iigh`ting atllacent to a.roadwayiWithmstate maintained right of -_ways No • , f Does s this pro�ectmciudebndge Improverrients? Nod Total # of propos, ebridges N/A j, Note:,#rhoretthan one bridke_ds.pr000sed:.identlfy:the bridge.with thejh'ii hest value rn•the horrid tion form and- Identify additional bridgesrin an dttach'ment.Structural' Materials ,(D'eck/;Beams): •; (select) T �iB�ridge construction i (select) T : Bridge length. NA ft Badge width; NA ft Rail typeL(select) s ,Label attachment($) as Project Details==Attachmerit; B - No'more :than 25:�pages. 1.1:;, Pro ect'prrorit , Rankin b Pfo'ect'S onsor _ Exarn le �,- of 1. 2 of 4, lrof 3 i` f Y g y J p ( P ) of `� s 12 Official ,Project Sponsor Funding Resglution.'or Ordinance . - i. The,project sponsor's resolution/ordinance MUST mcl,ude thejfollowing written commitment: `'The p..r dt Sbdns6'r supports fundink,,;thr�rW6ct.as dL-scribed�'ih.the 2017 TA',Set Aside Nomination Form finclud!ng'the construction budget 'the.departments 15%•'adrr inistrative dost, and-the>reauired loca'i match) and is-; ' I' wlilinOto.committo.the�broiect's development,'lmplernentatlohi construetion;:maintenance managernent�and_ r, financing The;prorectsponsoris wilhng.and ab'Ie<to enter !mo an'.agreerrieht,",Wt'h the department by resolufion or .ordinance j should the tirdiect be selected forfiunding ". I Label attaehmerrts as Certitidat►on of LG Fundin O g ..:Attachment C - No:more than"10 pages_ 13. `MPO Transportation 1mprovdhr ent Program (TIP) Inclusion Letter if_ap licable) ts of an MPQ.7. Yes P Is his pr_o�ectlocated'withm the.bound'ane If yes, the nomination package must include aaetter from the MFO to the projectsponsor.. indidating their'willingness to.' include the project in th'e jlocaL TIP, if fiuridetl; �'Labebattachmont(s);as: M .Q,711pLetter Attachment;`D-.Nomore14an2pages. - z 9.4 Public Involvement andSupport ;a Provide a -summary of the public engagement activities and support fortf]is project in the ext box below: `. ". Include dates, event detaiis;.and outcomes. (A bulleted Irsi:in the box;provided or;at'tachment) j (Limited to 600 chara,eters with spaces do not add spices bk6ygen Imes Keep,re"sponse; within bQx below.); ; *Rodney Denklau - ADA Representative requesting extend sidewalks from new sidewalks near Best Buy over to Goodwill, on south side of Dowlen. E, b Attach'letters and other documentary evidence that;supports the!summaryabove and/.or demonstrates public nydlvement and/.or'local sup.p'ort.for this project. - 1 Note ;In addition to s.0 ort from the local, ori.§dibtion, ;the ro pct`s onsor� needs to Povrde doce(menta pp j, p J p p ;' ry. evidence ofsupport for the,.pr.oject from the affected/adjacent property'owners. Labelattacl:imen#s, as ;public. InvolvementJSupport, Attacfimenf;E -. No;more'than:l0 pages: . Page 3 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM 15. Environmental Documentation ~ An environmental document;is required for;all federally fcinded transportation proJ;ects Isthe projectlsponsor aware'of-the'nee-.d toprepare, an envitonmental document and coordinate'environmentaI irnpaets with. r,.esource.agenc es? Yes a ' : ; For:.example,,;;pro)ects'propos ng work on or adfacent. ;) to _historic,properues;of known or potential histone significance require coordinatioh with' and review k y`the I': Texas Historical CorriMission`s State Historie.'PreservationOffice (8'H, P-.'% Include4b uri entary::evidence.of kn`own.enVironrrrental impacts or.�proteeted resources. 1 'i j; Refer.to the'2Q17 TA_Set Aside Program Guide for environrri:ental docsurnentation guidance, Label a`ttachnent(s)''as Environmental DocumentatonAttachmenttF - No more than lo.pages Property Ownership and Acquisition.lnformation All proposals, must provide documentary evidence of,the project sponsor's prop' A lghts by title Of; ownership; aerie, or'easerrientfor alhsproperty within�the;project limits Resp'ond.to-a, b, &, c below: a Has :the property needed for the protect :alreatly,'f een acquired?, ;' Yes i... ., • . , ,. If No Ho a°many:paree`Is will be ,acqulied? Describe in tlieaext box belowand/or.: to an attac"htnent how the property will. be acquired j blade a{commitment letter from cur.,re'nt own.er(s) demohstratrng a lw.'illrngness t' transfer the prgpert[ to project sponsor ►ri accordance with state and federal laws. M (Limited to .2 characters with+spaces) t S.: ' 'b Are there,any known en;oroach'ments?;(wtllities, fe,nces;:adjacent prop erty?improvements)' i If:Yes,ldefltlfylcnownel7Cf08ChnrE!?tS.(Limitedto`2O:characterswith_spagea): tD Protect property acquired after 1:971 Must have been acquired in accordance :wrtli •the Unifoim ` Reloeatlon,AssistaiAiffonAt(Unifore Was;property acquired after 1971 r'n accordance with 'the Uniform Act? if No, describe briefly wl'en and hov✓athe•property was;acquired.-in the ext box.be7ow 1 (Limited to 20Qrcharacter§ wlthspaces 'do' 'tfot add -spat; s,,betiveen rines or`paragraplis) ! Labe1 attachments as Property'O;wnership%Acquisition Attachrrie'nt Q - ,No more;than 'o,pages: ' 117. Railroad Su o R1 fit of Ent ,Letter` if applicable pp �/ g ry ( ? Does the project encroach oricross railroad ,(RR) right;of way:(ROW)7: . If yes;,the protect sponsor must include documentaryevidenee from;the railroad in supportof the iproject and, J.where-appropcate,.a•.willingness by-therailroad to,enter into.an agreement/eontraef with the local:government for protect rmplementa_tion and provisions for right of -entry for project construction ',CNhere. applicable, a cost for i railroad.work must be included rn the budget. }If the protect encroaches or crosses,RR ROW,, has cooYdination with the RR. -begun'? , ` No • I. '` ;Does this project include rail,;ba-nked right of. -way? No — p Label aWhment(s) as 'RR';Right of Entry%Support'L-et#er Attachment H, - No more than 10 pages 18 .Local,B c,cle;'Pedestrian, or otherTransportation'Plan (ifapplicabiej- .° Is the proposed project included: in. a 1001 transportation; plan? No I' i If yes, include.as an attachmentonly:the cover and pages of the plan'°referring tofihis protect Protects inat i� identified in a,l''ocal'transpoitafionplan must;provide documentary evidence of support for the pr,.oje;ctc �. i; L8bel.attachrnent(s) as focal'zPlan/Support;AttaCh/Plent l,- 'No.more"than l0;pages. �� lnsert::transportation plan weblink: �: Page 4 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM &19- Safe Routes to School SRTS .Plan if appUcable) t ( ) ( 1. Is the proposed projecfincluded in a SRTS,plan?' �No Ifyes, include -as an attachment;only tFie `cover'and Doges of'the SRTS plan -referring to this oroiect. Projects' proposed Ao '. fmprove�the ability of., t tde -ts to walk.and bicycle to school that -are not identified in a SRTS plan; must provide- !+ documentary, evidence of coordination between the.affeeted;school(s) and -the local government: Insert SRTS Plan wbhlink NA Labe'kattachment(s) as SRT8:P1an1-jC00rd1nation AttadhmentJ - dNomore':'than 10 pages: i 2Q,'Transition iR(an for ADAtCornl,ianbe" P 1 Does,the`.project sponsor have a Transition ;Plan for,ADA•compliance in place? Yes j I` Ifyes; include asfan attachment onlystlie cover and,pages,from.th'e plan relevant1 'Ahis prdjoQt.. , j Label att mpnt(s)-'O ADA `Trdnsitipn Pliph Atttio iiiientK - No>rn-& than 10 pages. � 21. Projecf Timeline ` ". Estimate the :amount:of tirn.e it will take to complete this project (from planning through .eonstructionj; Estimate the time regiaired`for each activitylistb0 below Several activities -should be accompUshed; i concurrently(such as environmental documentation, PS&E development, and property acquisition);.as=a result, ,the Total Projected`Tirrie.Estirnate ia:'Months ;vvill. be' less than the',total_of th'e time estimated for each I activity; Referto th6-.2 Q: Guide for additional guidance., L'abel.attachmerit(s) as Prgject Timeline-Attachnie it.L-,No more than 2':pages. Months-: Act(vrties +Planning Activities (minimum 6 rnonthsj: . (IncludO fhe project in the STIP, ;execute local agreement>wrth the department complete required local over..nment.traimn asst n'loeal.; overnment:and.de artment:roles and res onsibilitles etcc) ig g..g g p :.p ... �t Design;entl Plan Preparation (minimum 6 months) ) i(5olicit select,:ne Giibte; and ':execute,contracf s ,#or.en ineerin -and-bnvironmental�servfces Develop t i. ;construction Plans, Specifications and.Esiimatesl(PS&E) to state and federal standards Include trine for review, 11 " . byTxDOT District and Division staff, a registered accessibility spec'Ialist, and:,other agencies as needed.) =Environmental Clearance (minlmumsmonths), (Complete the Rtgjbbt8gopindTool environmental:documentation,,and appropriate resource studies;"consider' environmental mitigation, permits and`review byre source.agencies)"All doeumentatron and exhibits rnustmeet `state and federal standards � ROW:Acquisition s(a'cquisitions `should occur after environmental °clearance)"- { (,Include time fo,rsurveying appraisals title transfer etc. Only incidental utility adfustmeh%'`May be;ellgibli : U:Pr ojecf,i3bnstructio�i/Impl"MO.. tion Ii (Include:timeaforodvertising;proeuremenfof'consbrugtioneontractor, confractfnegofiations,aite preparation,--,.• . 'onstCuction inspection, project'elose=out, etc:j k. 0 Other-Describgabrieflyadditional V milestones not:'addressed;.' 21 Total Projected Time Estimate in Months 1122Maintenance and Operation, Estimate the annual maintenance and operation costs;of the project, If applicable, deter.nme tfie amount of any l; anticipated annual incorne`that'may be::de`rive.d from`th"e'project. i Maintenance $0 0 erabon.:r $0 Income: $0 i (' Identify belowthe entity "responsible fo'riproject'mainten"a.nce.'and operation :after construction: F'rovrde the: r i' I proposed use:for any rneome derived from the.:proje A. ` The City of Beaumont. No income derived from the project. s Page 5 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM _ '� 23 Itemizetl Constr.p tion CosFIEstirnate Provide:a detailed cost,estirnate of all construction costs use;appropnateunits (SY, SF LF, LS EA, etc-) Refer to TxDOT's 2017 ASet Aside Program- Guide for guidance_.- 011ck here forTxDOT'sAverage Low Bid UnifPrices.(arvisit hnp:%/www.txdot gov/business/legetfing bids/averaiow;bitl unit prices htmljr� i iWorkActivities Quantity Unit Unit Price Amount j.;. Item 100 - Prep Right of Way 65 STA $1,000.00 •$65,000 Item 104 - Remove Existing Concrete Driveways Item 104 - Remove Existing Concrete.Sidewalk/Rarr 1,400 200 SY SY $100.00 $100.00 $140,000 $20,000 Item 162 - Block Soding 600 SY $5.00 $3,000 Item 50.0 - Mobilization 1 LS $30,000.00 $30,000 111 Item 502 - Barricade, Signs and Traffic Handling 3 Month $2,000.00 $6,000 ,. Item 506-SWPPP-Installation 6,565 LF .$3..00 $19,695 Item 506 - SWPPP-Removal 6,565 LF $.3.00 $19,695 Item 530 - Driveways (Concrete) 1,400 SY $105.00 $147,000 ,, Item 531- Concrete Sidewalks (4") 1;940 SY $100.00 $194,000 Item 666 -:Striping (Ped. Crossing) 1 LS $15;000.00 $15,000 Item 423 - Retaining Wall - Contingency 1 LS $25,000.00 $25,000 $0 j $0 $0 i ..i $0 $0 ;i. $0 $0 $0 " $0 .; $0 4 ;:.R $0 $0 !' $0 :h . $0 i $0 ?' $0 i $0 it $0 1 $0 %'y i $0 R $0 is i $.0 � $0 $0 $0 (Continued on next page)' ". Subtotal: $684,390 Page 6 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM Page 7 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM Page 8 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM } i 26 ProJect'Budget Summary (many'lines automaticallypopulate) ; Total_(Itemi'zed Construction Cost Estlrrta`te (topic 23 :total, from page 7) . " 1, .: • ` Notal Additional Construction Related';Costs (topic 24_` total, from page 8) .: , 2e; w e ota! Construction CostEstirnate (lin T.t' - -;- - T, DOT Admin> trative Cost (15% of Irne 3) 4 Total .Project Cost Estimate [line 3. +fjlne,,4;(lJnless ERCP or In lc,nd authorized)] 5:' r- Fund,, 'eq 69" (80% Maxrmurn) 1 - �' of Ime 5 'b Fede al® tlocal'Match Required;(20� 1Vlinrm j 20% �ofline;5� 7 Proecfs onsors ma ncreasethe re:. airedtocal'Match by�ad)ustin'gthe Lo'caI Mafieh eiihthe>. J p Y q p g ,ercenta box ab©vO If the EPonom, ,, 1p y:Disadvantaged Counties Program (EDCP) reduction is applied (amount shown i,nmumber 8 bel,.ow) and/or anreUgible in kind contnbttiom isridentifled (amountshowri in line 10}„ ;then fhefederal participation and'locai�match will be:fixed af;80%federal.partieipation and 20%!Local. i } match'(referto.calculakions nuinbered8uthrough Econon really D sadvantaged Count►6s0ibgram lEDCP) Red uctlonx(Nlust be -authorized by RD0T9 :. Allowable EDCP,AdlustmenV Jefferson 42% Additional EDCP Ad)ustment�� (select, if applicable) 8b ' bks W y. Total EDCP AAustrrtent„�73 i ”, Construotron Cost Elrlble for In k,nd,Gontrtiutions ;- ; Tot WQonstruction Cost Estimate", irfe 3°above Cohstructioii Cost usriig EDCP for local mateii ConstructionCost Eligible for'In kind C,ontribtition 9 r l . i; `El, ib'l J,'1 . kind Contrrb'utrons.:Must be authorized b.. T DOT, Total n kind costs} from+topic 25 bh' age 8:or a maximum, 25% of aine.9; whichever is less �- Total Construction Cost Estimate (line. 3) ' 11 ' Eligible n"kmd contributions (line 10) : . - � 12' '• . TXD0T•Admmistrative�Cost (line;4) 13 Total `Project Ualue Estl_rnate"(line 11 line 12 + Ilne'13) - 14 - _ Tota F decal Participation (fixed at 80%of Ilne 14 only wheh EDCP and/or In'kind applied) . • . $ Total `Looal Match (fixecJ;at 20% of line 14'=only when EDCP and/or In-kind applied) 16 LG,iMatchAdiustrnent '" - - }, Total EDCP Reductiorm(line 8) ;Ji%(� ;Eligible In kind contributions (line 1Q) +, t -uk WD t Total,LG Match Adjustment 17 1/ I LG Cash'M htca Required (line"16 Ilne` 17) 18: • • i } �,..7777777�-- Page 9 of 10 2017 NOMINATION FORM: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM 27,°>DidtheiproJect sponsor complete the`ohecRlist toTXDOT's201Z , ; Yes- Progra ` Auide? Note Completing the checklist is recommended not required TheipFo�ect sponsor,itay melude the completed checkUst as part of the nomi�at[on package Lebel;attao`hment as.,`Nominatron checklrsf:Attachment N , 28 . Pro�ectCommtment �. �. y subin -gaan application'the protect sponsor commits to execute the local agYeementand forward to. the`de;artmelt its local match for lar) review withm,one ear of selection Additioni�ll the ro ecf' l? p Y Y p l f sponsor agrees..to produce the complete plan setas .outlmed n topic 21 Prp�ect Tfinelme or an alternative tlmelfne�agreed to by the protect sporrsor an'd the department Note: TA Set;Aside�funding�is time ' sensitwe, each project must advanceto construction'within three dears from the date of selectionkby the ? comrn'ission ,or the project *Pbe termima b., ; Signature 1a / _7Yle f Print Name and Title f 22- 1-7 1 X80. 3770 ;�. Date _ Telephone'Number This nomrnatiomform must be signed by ea presentative of the;focal goyernrnent Who has signature authority T777777-7-7— A Set=Aside'Project Sdb ta/ Deadline for Al! gcumentation -Is Monday, May 22, 201 1717, by 500 pm, CDT; "r I See page 42 of TxO.OT 20`17'TA;Set Aside Program Guide for delivery Instructions Page 10 of 10 CITY COUNCR. MAYOR: BECKY ARES COUNCIL MEMBER, WARD 1: VIRGINIA JORDAN COUNCIL MEMBER, WARD 2: MIKE GETZ COUNCIL MEMBER, WARD 3: AUDWIN SAMUEL COUNCIL MEMBER, WARD.4: ROBIN MOUTON COUNCIL MEMBER. AT LARGE: W.L. PATE, JR. COUNCIL MEMBER, AT LARGE: GETBREL WIILIAMS-WRIGHT CITY MANAGER: KYLE HAYES Gbt4y y` I n CITY ENGINEE p-1 '10p "')$ C£ t' is 1.�Lp b n �SE1�gC �aVYG G0.• OG lid nDI� PUBLIC WORKS .� a. 73:380 DUE ,CES a5� E0 T6 CDNRiACT'A 9WL VxDNOC AnD niER 6NtPoewa.AND Ca151R0 Xq SKKS p AGCaOlANCE MIN TIEIT Ix -DEMCE AND PLMI�SM[E19�AX0 M DR[DI[ a�yE EN NEER RED MCO OSHo N I t DEN WN ACC[RDANCL WRi nC(1}01 TM1 DC(1-DPAND TIE 'R]AS NANC/J. OH LHIFaMR4ir1c C6NIRa. DENO;S. 50[CrIGTaRS us= Dr 1T166 TDtA$ DEPAIITIEHT 6 TtM1TaaAR CN a NCNENDw 1-= 4 AND SVENIGICN Ilaa5 11`+Rn. E n M (r al TOs 1273. 9 r1CDagm CaI1RACE PRDN90Ns rm Att rm[Ru-Ao carnRurnal m+mAcn (raw rrwA tn; 90. =2} STATE OF TEXAS DEPARTMENT OF TRANSPORTATION 0o PLANS OF PROPOSED STATE HIGHWAY IMPROVEMENT FEDERAL AID PROJECT DOWLEN ROAD SIDEWLAKS PROJECT JEFFERSON COiTNTY TEXAS PROJECT: DOWLEN ROAD SIDEWALKS PROJECT LIMITS: HWY 89 TO FOLSOM DRIVE PROJECT LENGTH: 1.22-1,IPS CONSTRUCTION WILL CONSIST'OF: ADDING CONCRETE .SIDEWALKS; ADA CURB RAMPS AND NEN PAVEMENT MARKLYGS AT INTERSECTING STREET CROSSINGS. LOCATIONMAP SC4LE: NJS TDLR Inspection Required TDLR PROSECT # RRCDCD M MR LCtMc;O 0 x[12 NADI M0N, nRTIDCE 9Ai].TY R[PRT aAv Tomas, Department. of Transportation 9P0n3RID PDR I1lSnfG: � APPRDa9 PCR narRlO: O PRorET[ rDlcuaw D[RncroR, aaPnO DPAxlAaoxs nsvaxaR sacoADmEDnD.rDR EsnRr0:0 mw.PraN mvRxO D:snacz nmucoR or auaDPaRaaaN mw RPxPLCiDA PtANNDIC LYC OEYLIDPI�1[ HRCDY]D:NDED FCR I=N.:APPRCYLn PCR LrMRC:� MSENG` nNODlCpi DDRNTDR DCSGN nMStCN ATTACHMENT A & B SHEET 01 OF 02 BEST vX } _ _ cp . _..� _ ��a- B EAU M N T R USr— MARSHALIS Public Works ��Ei / 1 .. ATTACHMENT H _ W SHEET 02 OF 02 HiQ .w 4w [x Pnamn 4 o.ao 1 � rr�y CID rve P ALE MALL \` b' s� o l oN�o PROJECT LOCATION MAP ^^ scare NTS - PROJECT: DOWUN ROAD SIDEWALKS PROJECT u ' LNMTTS: HWY 88 TO FOLSOM DRIVE 2 y PROJECT LENGTH: 1.22—MII.ES� wo I d CONSTRUCTION WILL CONSIST OF: ADDING CONCRETE SIDEWALKS. ADA CURB RAMPS AND NEW _ .+� • ^ i PAVEMENT MARKINGS AT INTERSECTING STREET CROSSINGS. x .oa � N ua A e}, o d � LOWES @ID Pft�.aO \,a WALMART circ cs MAYOR STATE OF TEXAS DEPARTMENT OF TRANSPORTATION PLANS OF PROPOSED STATE HIGHWAY IMPROVEMENT FEDERAL AID PROJECT DOWLEN ROAD SIDE,iVLAKS .PROJECT JEFFERSON COUNTY. TEXAS COUNCIL .MEMBER. WARD is VIRGINIA JORDAN PROJECT: DOWLEN ROAD SIDEWALKS PROJECT COUNCIL MEMBER, WARD 2: MICE GETz LIMITS: HWY e3 TO FOLSOM DFSVE COUNCIL MEMBER, .WARD 3: AUDWIN SAMUEL PROJECT LENGTH: 1.22 -MILES COUNCIL MEMBER, WARD 4: ROBIN MOUTON ©;z 2 1IRSOA. asl7ucr aA:xsT Aavax Tz"I : Transportation COUNCIL MEMBER, AT LARGE: W.L. PATE. JR. CONSTRUCTION WILL CONSIST OF: COUNCIL MEMBER, AT LARGE: GETHREL WILLIAMS-WRIGHT ADDING CONCRETE SIDEWALKSi ADA CURB RAMPS AND NEW CITY MANAGER: KYLE RAPES PAVEMENT MARKINGS AT INTERSECTING STREET CROSSINGS. TDLR InspecUOn Required TDLR PROSECT # AEOOm=0Z) TDR IE=G:� LOCATIONMA.P SGIL6¢ urs T51R CWAtAtitlt SxAtk PROv.CC AxD EAECi DAViICA0E1 AND CCYOaNCaW SG{4 W ACCPIPANSUTH DD Li -12 OT AW NOV'M ON UH6CM TRAi11C C.MOL —fl AT PWtiS - SxaNli. W ONE A SNtET AND PLNI VEDIA AHO AS D== aY aKe. 01N= RE0U M $ms mou BE IN N An OANCE ATM DC(1 m T W ac�0-07 ANO.a7 IMAS WMA W WROIU 1AA771c COMM acWaz. SPLOnCAT�AO M ar TNa rGw a�AA7WWr v TRANSPWTAaW W NOrwam 7.2DIA ANO W&CMAIM MS US= SNNL GOVERN OH a05 PRDSR:AEGIRED =10V MOMS— PW NJ RDENK-M GDHISI MW CWTRACIS Vr W NWA 1173, PAT. 101]} ATTACHMENT A & R SHEET 01 OF 02 -I ' I A6 nr'I''c . q�, T �aJe ©;z 2 1IRSOA. asl7ucr aA:xsT Aavax Tz"I : Transportation mlowz A CITY ENG y0F TOL 4 0 0;1 aoT PfiOC� yF� aSSF c flEGINPAOIEC! Ter Department of aDAmma raR crnaml APPROYDD POA lETlENG: own y ""' � a Px stir L cEN� ➢RECTOA, 71W'TO OPD74'nDN9 ONaRON 1O5F1ac 07•�tiG ' ENO PROJECT1 - oy: 0'0 ;'IFN 0}tl D. DR. JOSEPH 0,k'PUBLIC 0L9i = D==R OF TRUM.H=0.4 TDM INDP=11 Pt.:wm:c AxD acve7Damxr .WORKS ' SIF STATION 65+65 A ARmulm= TOR Ir=a: no= POA. ESTTwc. 9 Dan= WMTECR ==P =w pMaw LOCATIONMA.P SGIL6¢ urs T51R CWAtAtitlt SxAtk PROv.CC AxD EAECi DAViICA0E1 AND CCYOaNCaW SG{4 W ACCPIPANSUTH DD Li -12 OT AW NOV'M ON UH6CM TRAi11C C.MOL —fl AT PWtiS - SxaNli. W ONE A SNtET AND PLNI VEDIA AHO AS D== aY aKe. 01N= RE0U M $ms mou BE IN N An OANCE ATM DC(1 m T W ac�0-07 ANO.a7 IMAS WMA W WROIU 1AA771c COMM acWaz. SPLOnCAT�AO M ar TNa rGw a�AA7WWr v TRANSPWTAaW W NOrwam 7.2DIA ANO W&CMAIM MS US= SNNL GOVERN OH a05 PRDSR:AEGIRED =10V MOMS— PW NJ RDENK-M GDHISI MW CWTRACIS Vr W NWA 1173, PAT. 101]} ATTACHMENT A & R SHEET 01 OF 02 i TOYS_ a g1�8_ s 8� g IL �� of .��" �. _ 1. tOq f `M'' MARSHALLS Public Works f /', \�' ATTACM ENT H w _ SHEET 02 OF 02 � eamccr 4 � te�� kp Cf) sv� P ALE MALL ,w 0 PROJECT LOCATIONMAP SCALE 11715 I LO44ES _Y 1 WALMART PROJECT: DOWLEN ROAD SIDEWALKS PROJECT LIMITS: HWY OB TO FOLSOM DRIVE PROJECT LENGTH: 1.22-1=S' CONSTRUCTION WILL CONSIST OF: ADDING CONCRETE SIDEWALKS. AAA CURB RAMPS AND NEW PAVEMENT MARKINGS AT INTERSECTING STREET CROSSINGS. DO F tl6Li06 F) ATTACHMENT B TYPICAL SECTION Existing Roadway Section C- a F. (a M Existing Median PROPOSED Roadway Section "L ^'� Rr • � �.:.tl 9lGf'�-- tel. 5 '�;.. � �! '°" rR• �` c•�..:�e� ��, P k Al ' d' '' ..- -::. 'd. :_ _"`""""'°"`arG'r"k:.=:"atl!+•T?u,. �x :".+�• - � ,ter .,.,, --�'�- — .�- ".a '" k �,.' 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'' , t ., q c ..*wa �, Ca" •tn. _I ~4� , ^:".;. _;e ,•",-M., .Kfi= '.*y �' .� " "�' iz. m z a•Y 15 y - 'i b K a v ti J- s:•,R£ a t '.. .. t... a ...._ a ,,.. ✓s•.�.,.:,+" ` s "ri` ^'z`{ ,.r .4 ,. " � #�F � .m.:. z +�; < .1 r n fi ',-rr ;*% , £:r. w G�,t r r ,,, "'v,..,.^'n•+.cn= ', »^> y.# r.•, 1 .. , , � • :.'.: `,r£ g, j fi' "` ..rte'.""' x •e n "" r n :"`�* ) ,:to-'Yt �« � e ,* �_ixS71�Y�.r-7�7 x .�- r J G t ., ., ... .. ...__-.. r •.s; ,mt. u4ta.,'-' `.. . • • -n ... .. �E..�I� 2 �i't!A n. > r r No Text Department Tex1as of ransportation TxDOT Beaumont District Urbanized Areas arid Cities Legend TXDOT Beaumont District Boundary MPO Boundaries County Lines Large Urbanized Area/TMA Urban Areas Cities located within TxDOT District Miles 0 15 30 60 90 120 Scale For U.S. Census Information, visit: http.,//www.fhwa.dot-gov/planning/census—issues/urbanized—areas—and—mpq--tma/geographie—rEisources/ httP://www.census.gdv/geo/maps-data/rhaps/20IDua.,htrrd w E X A S . Certificate of L. G. Funding Attachment C MISSING . f 1 Ell as IL� } yd Attachment D e�w nam m �� • ®/ \ : � : & � � � / ,l ;.' E2 \ \ \ \ 'c | mP portPub|t Attachment E � • a' Lt . \� : \ . Environmental D Attachment F At a Later D TEXAS Property/Owner/Acquisition Attachment G A►t a Later Dade 3� ° `� a-� iy � °�'� ' A'v ,5 /+ 1�� `°° � ;�°• y RR Right of Entry/Support Letter Attachment H NA o p n C iAMLI { Local Plan/Support Attachment I TEXAS SRTS Plan/Coordination Attachment J TEXAS ADA Transition Plan Attachment K At a Later Date Jl t Project Timeline Attachment L overnment 7 � R e rrrr d1 fq Fir': ' € 5 � ' Y � ��t x• �} C tl e " s € � E X A S Nomination Checklist Attachment N NA RPROJECT NOMINATION CHECKLIST Project sponsors MUST utilize and complete the 2017 TA Set -Aside Project Nomination Form in Microsoft Windows Excel (.xlsm) format to submit a project nomination in the department's Call for TA Set -Aside Projects. Download the nomination form from the department's website at: http://www.txdot aov/inside-txdot/division/public-transportation/bicycle-pedestrian html Below is a list of required attachments that MUST be included as part of the TA Set -Aside 2017 project nomination package and additional attachments that may be necessary. The need for additional attachments should be determined by the characteristics of the project, its location, and the status of project development. In addition to submitting the completed nomination form in Excel, the project sponsor MUST provide a single color PDF to include the completed nomination form, a signed copy of the signature page (page 10 of the nomination form), all required attachments, and any necessary optional attachments. Reauired attachments: • Project Details - Attachment B • Certification of LG Funding - Attachment C • Public Involvement/Support - Attachment E • Property Ownership/Acquisition - Attachment G Note: Projects that include state -maintained right-of-way or have a direct effect on an existing state -maintained roadway MUST have a recent letter of consent, addressed to the project sponsor, and signed by the current TxDOT District Engineer, this cannot be delegated down. Project Timeline - Attachment L Additional attachments that may be necessary: • Project Location Information - Attachment Note: an attachment may be required, when multiple improvement locations are proposed. • MPO TIP Letter - Attachment D • Environmental Documentation - Attachment F ® RR Right-of-Entry/Support.Letter - Attachment H • Local Plan/Support - Attachment SRTS Plan/Coordination-AttachmentJ o ADA Transition Plan - Attachment K o In-kind Contributions - Attachment M © Nomination Checklist - Attachment N The department recommends completing the checklist on the following pages and including the completed checklist as part of the project nomination package. Refer to Topic F. Project Nomination Form in this guide for additional details on each attachment. Label attachment as Project Nomination Checklist -Attachment N. 57 Project Nomination Checklist: 'vL Reauired: A completed 2017 TASetAside Project Nomination Form in Microsoft Windows Excel (.xlsm) format with all text boxes filled-in and dropdown selections completed. Type N/A for not applicable, where appropriate. ❑ Required: A single color PDF document that includes: ❑ Completed 2017 TA Set Aside project nomination form (required) ❑ Signed copy of signature page (required) utC �f Required attachments (refer to page 56) j HES 2( Additional attachments that may be necessary (refer to page 56) C Attachment (optional) Refer to T. Project Location Information Attach a complete list of all improvement locations using descriptive limits and longitude/latitude. Label attachment as Project Location Information -Attachment A- No more than 2 pages. El Attachment B (required) Refer to 10. Project Details Attach the following exhibits: +�tC� Location map (required) u'Z 12"' Project layout map (required) ACC d Typical section(s) (recommended) WAN Representative construction plan sheets (as applicable) IV/Al Additional bridge details (as applicable) AZ Photographs (recommended) Additional maps, charts, diagrams, drawings, etc. (recommended) Label attachment(s) as Project Details -Attachment B - No more than 15 pages. ❑ Attachment C (required) Refer to 12. Official Project Sponsor Funding Resolution or Ordinance Attach the project sponsor's resolution or ordinance. Label attachment(s) as Certification of LG Funding -Attachment C - No more than 10 pages. TQC Attachment D (as applicable) Refer to 13. Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP) Inclusion Letter. Attach a letter from the MPO if the project is located within the boundaries of an MPO. Label attachment(s) as MPO TIP Letter -Attachment D - No more than 2 pages. 58 (� Attachment E (required) �t✓C Refer to 14. Public Involvement and Support Attach the following exhibits, as appropriate: 0 Supplemental public engagement -summary (as needed) ❑ Evidence of public/stakeholder support (required) ❑ Evidence of support from affected/adjacent property owners (required) Label attachments as Public Involvement/Support -Attachment E - No more than 10 pages. Attachment F (optional) Refer to 15. Environmental Documentation EIS -QA1net0Aiz Attach the following exhibits, as appropriate: ❑ TxDOT's NEPA Project Scope Development Tool (if completed) ❑ Prior environmental approval documentation (if completed) ❑ Prior resource agency coordination letters (if completed) Label attachment(s) as Environmental Documentation Attachment F- No more than 10 pages. Attachment G (required) N -L Refer to 16. Property Ownership and Acquisition Information Attach the following exhibits, as appropriate: Ev Evidence of property rights by title of ownership, lease, or easement (required) #M Commitment letter(s) from affected property owners demonstrating a willingness to transfer property (as applicable) All,,t Letter from TxDOT District Engineer consenting to project on state ROW (as applicable) Label attachments as Property/Ownership/Acquisition-Attachment G - No more than 10 pages. Attachment H (optional) Refer to 17. Railroad Support/Right-of-Entry Letter Attach documentary evidence of coordination with railroad. Label attachment(s) as RR Right of Entry/Support Letter -Attachment H - No more than 10 pages. 59 Attachment I (optional) Refer to 18. Local Bicycle, Pedestrian, or other Transportation Plan Attach the cover and pages from the plan referring to this project. Label attachment(s) as Local Plan/Support-Attachment I - No more than M pages. A% 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 apply for grant funding for the City of Beaumont through the Texas Department of Transportation, Transportation Alternatives Set -Aside (TA Set -Aside) Program for the construction of ADA sidewalks along the east side of Dowlen Road from US Hwy 69 Frontage Road to Folsom Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. I - Mayor Becky Ames -