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HomeMy WebLinkAboutPACKET AUG 08 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 8, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — August 1, 2017 Confirmation of committee appointments Ben Woodhead will fill the unexpired term of Donna Forgas on the Library Commission. The term would commence August 8, 2017 and expire September 30, 2017. (Councilmember Mike Getz) A) Approve a resolution rejecting a bid for Veterinary Services (Bid No. PF0517-10) B) Approve contracts for debris monitoring and other services related to an emergency event C) Authorize the City Manager to enter into an Interlocal Participation Agreement with the Education Service Center, Region 2 (Goodbuy) RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Ben Woodhead is appointed to the Library Commission to fill the unexpired term of Donna Forgas. The term will commence August 8, 2017 and expire September 30, 2017. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of August, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: August 8, 2017 REQUESTED ACTION: Council consider a resolution rejecting a bid for Veterinary Services (Bid No. PF0517-10) BACKGROUND The City of Beaumont operates an Animal Care Facility at 1884 Pine Street. As part of operating the Facility, the City contracts with a local veterinary clinic to provide rabies vaccinations, spay or neuter surgeries, and other services. On April 19, 2016, the City Council awarded a bid to Dowlen Road Veterinary Center (DRVC) to serve as the City's Veterinarian. This bid included a minimum monthly fee of $2,400 to be paid to DRVC. The contract was for one (1) year, with three (3) one year renewal options. On February 27, 2017, DRVC submitted a written request to the City asking for additional compensation related to providing veterinary services at the City's Animal Care Facility. DRVC asked that the city pay a minimum monthly fee of $6,000. On April 28, 2017 the City extended the contract with DRVC, but by mutual acceptance, agreed to continue the contract on a month-to-month basis. The new contract increased DRVC's minimum monthly payment to $3,200. On June 29, 2017, in City Council Chambers, one (1) bid was received for veterinary services. This bid, submitted by Dowlen Road Veterinary Center; was evaluated by City staff and was found to include an increase in the minimum monthly payment from $3,200 to $5,500, a 72% price increase in the minimum monthly payment compared to the current contract. It is the recommendation of staff to reject the bid received from Dowlen Road Veterinary Center. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. a TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer O.r, �� l MEETING DATE: April 19, 2016 REQUESTED ACTION: Council consider a resolution approving the award of contract to Dowlen Road Veterinary Center of Beaumont in the estimated amount of $31,600 for veterinary services at Beaumont Animal Services. BACKGROUND Requests for Proposal (RFP) were provided to thirteen local veterinarians. One response was received. A panel of City staff has reviewed and scored the response per criteria provided in the RFP. The panel's score is attached. Veterinary services are required at Animal Services to assess the health of the animals. If additional veterinary care is required the contractor will provide those services at the Animal Shelter or at their veterinary clinic. The Veterinarian will visit the Animal Shelter three (3) times a week. The City will pay the Veterinarian, $2,400 per month for this service. Any additional services will be charged on an as needed basis per the pricing provided in the response. The contract is for one (1) year. At the end of one (1) year, the City may renew the contract for three (3) additional, one (1) year periods. FUNDING SOURCE General Fund -Animal Services Division. RECOMMENDATION Approval of the resolution. BEAUMONT April 29, 2016 ATTN: Kelley Kays, DVM Dowlen Road Veterinary Center, P.C. 2396 Dowlen Road Beaumont, TX 77706 RE: Veterinary Services Bid No. PF0216-07 Dear Vendor: • as Copy Via Fax: 409-860-1610 No. of Pages: 7 Please be advised that your company has been awarded the above referenced contract for the City of Beaumont. The provisions of the agreement are stated in Bid No. PF0216-07. The pricing details of the contract are shown on the following pages. DATE BID AWARDED: April 19 2016 (Resolution No. 16-070) CONTRACT BEGINS: May 1, 2016 CONTRACT ENDS: April 30, 2017 The initial term of the contract is for one (1) year with options to renew for three (3) additional one (1) year terms. All orders shall be accompanied by a Purchase Order number. The Purchase Order number must appear on all delivery tickets and invoices. Payment by City to Vendor shall be made in accordance with the requirement of Texas Government Code §2251.021. If you need any further information, please contact the Purchasing Division at (409) 880-3720. Sincerely, Patrick J. Bardwell Purchasing Manager PB:bd G:\BIDS-DO NOT MOVE OR DELETE]\Pu16\Pu-F-16\PF021"7 VeterinaryServices\PF0216.07_award.doc cc: Jim Clay, Police Susan Toney, Animal Services Matthew Fortenberry, Animal Services PURCHASING T 409.880.3720 0 F 409.880.3747 PO Box 3827 I Beaumont, TX 77704 801 Main St. I Suite 315 I Beaumont, TX 77701 beaumonttexas.gov Dowlen Road Veterinary Center, P.0 Award Letter Veterinary Services Bid No. PF0216-07 April 29, 2016 Pages 2-6 (Pricing Sheets follow.) Beaumont Texas Formai RFP # PF0216-07 Due Date: 03/03/2016 At 2:00 PM Dowlen Road Veterinary Center RFP Reference Page 16 of RFQ Bid Pricing Sheet Appendix 1 Page 1 of 2 The reason for offering this spreadsheet addendum price listing is to give cost options for items listed on the request for proposal specification, Page 8 Section 11. Scope of Work, Item B. Spay/Neuter Surgeries. (Which I have copied below for your convenience) B. Spay/Neuter Surgeries: Contractor will provide complete basic spay/neuter surgeries for all dogs and cats (8 weeks of age and older and/or at least 2 lbs.) as requested by Beaumont Animal' Services (BAS) Basic spay/neuter surgery shall include but not be limited to the following: 1. Pre -surgery examination * (which may include blood work, parasite check, PVC, and total solids testing and/or urine specific gravity testing). 2. Pre -surgery analgesics 3. Anesthesia 4. Performance o surgery with post—operative painkiller 5. Removal of sutures after surgery *Not clarified under pre -surgical examination the extent of the Blood work, So, included the most comprehensive profile (and expensive) Definitions: I. Basic Surgery (BSx) - Basic Surgery (BSx) includes pre -surgical Examination by a veterinarian, anesthesia andsuture removal. 2. Pain - Pain Package includes pre and post analgesics as mentioned in items 2 and 4 above 3. Parasite Package — Parasite check, Canine — heartworm and fecal test, Feline — leuk/Alds and Fecal Test. Comment: Many shelters offer the basic surgery option only due to cost. I separated all options so you can decide overall or individually the best options for (BAS). Dr. Kelley Kays and Dowlen Road Veterinary Center recommend a package including the Basic Surgery, as defined on the Spreadsheet Addendum 1— Page 2 of 2 with the additional Pain Package and Parasite package. See the next page for individual pricing. Due Date: 03/03'16 2:00 PM Dowlen Road Ve,.rinery Center Appendix 1 Page 2 of 2 Ik 11sle Surgery (13Sx) Includes pre -surgical Spay r+%amillation" by Doctor n , R anger, Defined anesthesia and suture removE to 25 Ibs $70.01 - 49lbs $75.01 Neuter -1to25 ;-2.6_-49 r. nva"S Pel rasite Pain Pa Hloodworic Basic surgery Surgery with parasite check, Canine Basic Surgery Profile bloodwork and hialy vith Pre and post analgesics- add heartworm and fecal 'work reline- LeuldAlds s "PCV, and Totgl solids $20.00 and Fecal BSx add.$35.00 testing and/or urinalysis. Add Ann nn max fee of $120.00 Iryou clause all the optious, Basle Dr. Ifays suggests Surgery including.. #1 pre -surgical examination, (including, the package profile bloodwork, parasite cheek, pev, and total soldis testing which includes, and/or urine spedif e. gravity testing) #2 pre- surgery BSx + pain analgesics, #3 Antesthesia, #4 Preformance of surgery with post $20.00 + operation pain killer, #5. Removal of sutures afer sureery r,nr��:.n ear ,,., Suggested by Dr. Kays, if cost is the primary factor, is the "Basic Surgery" , as in Column 1, this is the option often choosen by tither Dr. Kays also suggests for throughness the package in the las# column of the spreadsheet, "Dr. Kays suggest" rescue organizations. This Bid inciuds all of the above options or any combination there of. City of Beaumont— RFP PF0216-07 Veterinary Services Request for Proposal — Dowlen Road Veterinary Center, P.C. RFP Pricing Sheet Appendix: 2 RFP Pricing Sheet Appendix: 2 for - #4 in- office exams - $300.00 per hour. The $300.00 per hour professional fee will cover a broad range of items as listed in your Specification Section, however that fee will not be charged if performing the treatments listed on the RFP Pricing sheet P.16 and the Appendix(s) 1,2,3. 1 am assuming you were requesting the fee for traveling to your office, thus the in office hourly fee is $30(T/hour, as well as many of the items listed on Scope of Work as noted below. Example. If performing services such as rabies vaccinations — or other veterinary services, the 300.00 per hour veterinary fee can be reduced by those services: Example. If 1 make a trip to shelter and -administer 20 rabies at 15.00 each = 300.00, that would be my fee if it only took 1 hour. Referring back to Request for Proposal Specification Page 9 of Bid Request C Additional Services as Required: 1. Perform visual inspections, examinations and treatments at all levels of care of animals brought into or held in the shelter and ensure the overall health and care of the animals a minimum of three (3) times per week. 2. Provide emergency veterinary treatment to animals as needed 3. Provide Prescriptions, rabies, and core vaccinations for current in —shelter animals, adopted animals and reclaimed animals as needed as requested by Animal Shelter Director 4. Provide guidance and advice to staff on treatment and care of sick or injured shelter animals 5. Advice and make recommendations in quarantines and regulations governing the health of animals. 6. Advise and make recommendations in quarantines and regulations governing the health of animals 7. Serve as a consultant on control practices for diseases and public health problems S. Serve as a member of the Animal Health Advisory Committee 9, Provide veterinarian consultation on controlled substances and the ability to make available controlled substance that support Shelter operations. City of Beaumont — RFP PF0216-07 Veterinary Sevices Request for Proposal Dowlen Road Veterinary Center, PC. Appendix — 3 Page 1 of 1 Bid Pricing Sheet - #5 Kennel Fees / Overnight Stay Dowlen Road Veterinary Center does not charge by the hour for Kennel Fee/Overnight Stay. We charge per night per the weights Kennel Fees/ Overnight stay price per weight per night Small Dog -1-2516s ......................$18.00 per night Med Dog - 26 -49 lbs ............ -........$19.00 per night Large Dog —Greater than 50 lbs ... $21.00 per night Cat ( All weights) ............................$18.00 per night 04/05/2016 09:16 4092966�R7 KELLEY KAYS JEVE E17 PAGE 02/02 BEAu i - •TEXAS April 1, 2016 Via Fax: 409-860-1610 A00ENdt1M NO.1 No. of Pages: 1 RFP* FOR: Request for Proposals (RFP) for Veterinary Services (Re -Bid) RFP ISA.: PF0216-07 At a meeting on March 29, 2015, the reviewing panel discussed the following changes to the specifications, and the vender for the one (1) response we received on March 3, 2016: I. The Veterinarian will visit the Animal Shelter three (3) time -5 a week, The monthly charge for these visits will be $2,400.00, ($200 per visit). z Page 3, section 2, number 2.4 of the specifications states_ 2A Prices stated In the RFP submitted are to remain firm for the period of the contract Per our discussion in the meeting, number 2.4 is REVISED to the following: 2.4 Pricing increase must be requested sixty (60) days prior to the expiration of the - term of contract. Any increase will be the lesser amount of three percent (31/1o) or the Consumer Price Index (CPi) for the Houston/BrazorialCaiveston area, effective year ending December 31. Increases to this contract must be approved by the City Manager or designee. If there are any questions, please do not hesitate to contact Patrick Bardwell at 409-880-317a or 409-880-3720. Sincerely, Patrick J. Bardwell Purohasing Manager Ps:bd UA51D5'- DO 140T MOVE OR DE[ETEi\PO16\Pu-Fd6\PF021647 Add 1 -dor cc: Jim Clay, Police Matthew Fortenberry, Animal Services Susan Toney, Animal Services 90:6- WV 0ISiA10 DMS' N3t!l)e* k�0�tf#t13R':��k.tln I AGRr== TO THE CHANGES ABOVE, Kelly Kays DVU laowten veerinCenter, P,C, Sig �rrA � Date Signed * The parties agree that a faxed signature is valid and binding as if it were an original. Please fax -to: Purchasing, 409-880-3747, PURCHASING T 409-880.3720 F 409,880,3747 PO Rox 3827 Beaumont, TX 77704 801 Main St, I Suite 3151 Beaumont, TX 77701 beaurnonttexas.gov BEAUMONT TEXAS April 28, 2017 ATTN: Kelley Kays, DVM Dowlen Road Veterinary Center, P.C. 2396 Dowlen Road Beaumont, TX 77706 RE: Veterinary Services RFP No. PF0216-07 Dear Vendor: The current referenced contract expires on April 30, 2017. Gs t7��r'sL `f Copy Via Fax: 409-860-1610 No. of Pages: 8 ,EKkASQ o., - Via email: dowlenroadvetcenter(c)-yahoo.com Please be advised the City of Beaumont agrees to EXTEND the existing contract for providing Veterinary Services. A mutual understanding has been reached between the City of Beaumont and Dowlen Road Veterinary Center, P.C. to enter into a MONTH-TO-MONTH contract, effective May 1, 2017. The provisions of the contract are stated in RFP No. PF0216-07. The terms and conditions set forth in the original contract specifications will apply for the duration of any month-to-month services. Pricing details are shown on the following pages. Additional pricing details are: 1) The Veterinarian will visit the Animal Shelter four (4) times per week. 2) The per visit charge will be $200.00; for anew total per month of $3200.00. 3) Prices stated in this extension letter are to remain firm for the period of this extension. 4) Prices stated in this extension letter supersede previous pricing. All orders shall be accompanied by a Purchase Order number. The Purchase Order number must appear on all delivery tickets and invoices. Payment by City to Vendor shall be made in accordance with the requirement of Texas Government Code §2251.021. PURCHASING T 409.880.3720 0 F 409.880.3747 PO Box 38271 Beaumont, TX 77704 801 Main St. I Suite 315 1 Beaumont, TX 77701 hPn11MAY1++PVnQ MA\/ Dowlen Road Veterinary Center, P.0 Extension Letter Veterinary Services RFP No. PF0216-07 April 28, 2017 Pages 2 - 8 CONTRACT TERMINATION: The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement . upon thirty (30) days' written notice from the City Manager or his designee, of its election to do so, or if the successful bidder fails to perform the services or breaches this Agreement, including the following: 1.1 By failing to pay insurance premiums, liens, claims or other charges. 1.2 By failing to pay any payments due the City, State, or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this Agreement or any taxes, fees, assessments, or Liens. 1.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 1.4 By violation of any provision or non-performance of the Agreement. 1.5 This Agreement may be terminated for any reason by Dowlen Road Veterinary Center, P.C. upon providing thirty (30) days' written notice to the City of Beaumont. Please complete the box below and return to Purchasing by 5:00 p.m. on Monday, May 1, 2017. If you need any further information, please contact the Purchasing Division at (409) 880-3720. Sincerely.., Patrick J. Bardwell Purchasing Manager PB:bd G:\BIDS-DO NOT MOVE OR DELETEI\Pul6\Pu-F-16\PF0216.07_Vet Serv\PF0216-07 extend ltr2017_month-to-month.doc cc: Kyle Hayes, City Manager Chris Jarmon, Executive Offices Matthew Fortenberry, Animal Services Dowlen Road Veterinary Center, P.0 Extensic n fetter Veterinary Services RFP No, PF0218-d7 April 28, 2017 Mages 3 - 8 (Pricing Shuts follow.) ACCEPTED ❑ DECLINED SIGNATURE PRINTED NAME; The parties ag binding as if it �- DATE: - ff&4 r that a Maxed bignature is valid and ,e an original. Please FAX to Purchasing at 409-880-3747 or email 'tohard all beaumon exas. ov. i S.UL..P i1 -:,X `Martc�f�iy= RFP FOR VETERINARY SERVICES RFP No. PF0517-10 I. RABIES VACCINATION -- DOG $ /each CAT /each 2. SPAY. - Small DOG --70, DG' /each Medium DOG /each Large DOG /each CAT 7- /each 3. NEUTER — Small DOG /each Medium DOG /each Large DOG /each CAT $ /each 4. TESTS Po vid ,q fe ver Feline Leukemia & FIV Aids Test/each Parvo Test R OD $ /each Heartworm Test—DOG 024[ /each Heartworm Test - CAT o??,vD /each Fecal Flotation Test crp 5M 0, /each (CONTINUED ON NEXT PAGE.) INSERT BIDDING VENDOR'S COMPANY NAME: -Do J -eln Ram -18- RFP PRICING SHEET CONTINUED RFP FOR VETERINARY SERVICES RFP No. PF0517-10 s 4. AN-ESTLIESIAEVJECTION 7-11 k C— Small DOG � 00 /each Medium DOG oo /each Large DOG $ ', 0 0 /each r CAT 1g, 00 $ 0 0 /each S. EUTHANASIA -- Small Small DOG $ o e) /each Medium DOG $ -2 _).bD /each C Large DOG $ '00 /each CAT 3),00 /each 6. KENNEL FEES/OVERNIGHT STAY $ f) 0 Z SHELTER SERVICE FEE * * Fee for daily visits to Shelter (4 days per week) for approximately ninety (90) minutesper day. $ -56oc�-'jmonth 8. QUARTERLYREPOI?TOFSERUCESPROPYDED YES NO (Mark one.) REMINDER: Any services to be provided to the City of Beaumont that are not specifically authorized by this RFP must he approved by the Beaumont Animal Care Managerprior to the Contractorproviding the service. INSERT BIDDING VENDOR'S, COMPANY NAME: "Dow l,e f --, "-Q or-ak e,.4 r 4c Ce4e r -19- or and, RESOLUTION NO. WHEREAS, on June 29, 2017, one (1) bid was received for Veterinary services; WHEREAS, City Staff evaluated the one (1) bid and found the bid received to be a 72% price increase in the minimum monthly payment compared to the current contract; and, WHEREAS, it is the recommendation of City Staff to reject the bid; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bid for Veterinary services and that said bid should be rejected; 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 does hereby reject the bid for Veterinary services. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of August, 2017. - Mayor Becky Ames - 1� TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 8, 2017 REQUESTED ACTION: Council consider a resolution approving contracts for debris monitoring and other services related to an emergency event. BACKGROUND Specifications for the contract require the debris monitoring company to provide personnel to oversee the services provided by the debris removal company during an emergency event. The company is to provide timely reports to the City while verifying that the City is billed correctly for debris removal services and that FEMA guidelines are followed. Bid specifications requested firm hourly prices inclusive of wages, benefits, workers compensation, taxes and agency fees. Four vendors were solicited and five vendors submitted bid responses for the debris monitoring contract. Bid specifications allow this bid to be awarded in the primary, secondary and tertiary format as the best value to the City. Administration recommends the award of annual contracts to Thompson Consulting Services of Lake Mary, Florida as the Primary vendor; Tetra Tech Inc. of Houston, as Secondary vendor; and to Rostan Solutions of Valrico, Florida as Tertiary vendor. The budgetary impact of awarding these contracts is contingent upon the occurrence of a declared disaster and the degree of the resources needed at that time. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, proposals were received for primary, secondary and tertiary contracts for furnishing emergency standby products, services, and debris removal, as needed, in the event of a declared disaster, said contracts to be for a three (3) year term with two (2) one (1) year renewals; and, WHEREAS, Thompson Consulting Services, of Lake Mary, Florida; Tetra Tech, Inc., of Houston, Texas; and, Rostan Solutions, of Valrico, Florida submitted the lowest bids meeting specifications, as shown in Exhibit "A" attached hereto; and, WHEREAS, City Council is of the opinion that the proposals submitted by Thompson Consulting Services, of Lake Mary, Florida; Tetra Tech, Inc., of Houston, Texas; and, Rostan Solutions, of Valrico, Florida should be accepted as primary, secondary and tertiary providers respectively; 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 proposals submitted by Thompson Consulting Services, of Lake Mary, Florida (primary), Tetra Tech, Inc., of Houston, Texas (secondary) and Rostan Solutions, of Valrico, Florida (tertiary), for three (3) year contracts for furnishing emergency standby products, services and debris removal, as needed, with two (2) one (1) year renewal options, as shown on Exhibit "A" attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute contracts with Thompson Consulting Services, of Lake Mary, Florida; Tetra Tech, Inc., of Houston, Texas; and, Rostan. Solutions, of Valrico, Florida, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of August, 2017. - Mayor Becky Ames - CITY OF BEAUMONT, BEAUMONT, TEXAS BEAUMONT PURCHASING DIVISION BID TABULATION TEXAS Bid Name: Contractfor Debris Monitoringand Other Related Services Bid Number: PF0517-08 Bid Date: June 29, 2017 Contact Person: Patrick Bardwell E-mail: patrick.bardwell@beaumonttexas.gov Contact Phone: 409-880-3175 9 C0 X W Vendor Thompson Consulting Service Lake Mary, FL Vendor Witt O'Brien's LLC. Houston,TX. Vendor Tetra Tech Inc. Houston, TX. Vendor Rostan Solutions LLC Valdco,FL Vendor GP Strategies Corporation Houston,TX. Position Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Project Manager $59.00 $71.00 $75.00 $76.00 $77.00 Operations Manager $40.00 $57.00 $60.00 $58.00 $58.75 Scheduler/Expeditor $15.00 $49.00 $36.00 $52.00 $60.00 GISAnalyst $49.00 $50.00 $49.00 $55.00 $56.00 Field Supervisors $39.00 $48.00 $45.00 $44.00 $4L00 Debris Site/Tower Monitors $30.50 $34.00 $33.50 $32.00 $27.75 Environmental Specialist $49.00 $95.00 $60.00 $65.00 $86.50 Project Inspectors (Citizen drop-off site monitors) $19.50 $35.00 $30.00 $28.00 $25.50 Field Coordinators (Crew Monitors) $31.50 $34.00 $33.50 $32.00 $31.50 Load Ticket Data Entry Clerks (QA/QC) $15.00. $27.00 $0.00 $18.00 $24.00 Billing/InvoiceAnalysts $55.00 $55.00 $45.00 $38.00 $39.00 Project Coordinators $15.00 $48.00 J $34.00 $45.00 $52.50 Total $417.50 $603.00 1 $501.00 $543.00 $579.50 9 C0 X W C i TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Office MEETING DATE: August 8, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an Interlocal Participation Agreement with the Education Service Center, Region 2 (Goodbuy) BACKGROUND Local Governments are authorized by the Texas Government Code, Chapter 791 to enter into an Interlocal Participation Agreement. The purpose of this agreement is to facilitate compliance with State bidding requirements, to identify qualified vendors of commodities, goods and services and to relieve the burdens of the governmental purchasing function. Pricing obtained through the Goodbuy cooperative purchasing association provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Goodbuy complies with State of Texas procurement statutes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of August, 2017. - Mayor Becky Ames - RESOLUTION NO. WHEREAS, local governments are authorized by the Texas Government Code, Chapter 791 to enter into an Interlocal Participation Agreement; and, WHEREAS, the purpose of this agreement is to facilitate compliance with State bidding requirements, to identify qualified vendors of commodities, goods and services and to relieve the burdens of the governmental purchasing function; WHEREAS, pricing obtained through the GoodBuy Cooperative Purchasing Association provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing; and, 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 an Interlocal Participation Agreement between the City of Beaumont and Education Service Center, Region 2 for participation in the GoodBuy Purchasing Cooperative Association program for the purchase of commodities, goods and services at volume pricing. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. _ _ ��}���� IfAI IAII MAI II AIII Purclti�c;n� i'rognm of Ux l:ducalkm Ser%ko Center, Rei ion 2 Interlocal Participation Agreement for the GoodBuy Purchasing CoolDeratiye The GoodBuy Purchasing Cooperative ("GoodBuy"), is a Purchasing Cooperative authorized by Tex. Gov't Code §§ 791.001 et seq. as amended, operated by the Education Service Center, Region 2 ("Region 2 ESC"), a state agency, as authorized by Tex. Educ. Code ("TEC") §8.002 and TEC §44.031(a)(4). The purpose of this Agreement is to facilitate compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Program Members. Program Members may purchase goods and services from any and all GoodBuy vendors, under the same terms, conditions, and price as stated in each GoodBuy awarded contract. GoodBuy excludes engineering, architectural, land surveyors, doctors, nurses and construction services. The purchase of goods through GoodBuy includes the purchase of any services reasonably required for the installation, operation, or maintenance of purchased goods, where such services are included in the awarded Vendor contract. MEMBERSHIP 1. Program Members. Program Members must be qualifying local governmental entities ofthe State of Texas or another State; or qualifying private non-profit entities with tax exempt status under IRS Code Section 501(c)(3), operating private schools or child care facilities. 2. To become a Program Member requires the approval of this Agreement by the governing body of the Member, and by the Region 2 ESC Board of Directors. Each Program member must submit a copy of this Agreement signed by an authorized representative of the Member, along with a signed copy of a Resolution approved by the Program Member's governing body, to Region 2 ESC, as a condition of membership, as set forth below. 3. Non-governmental Members. In addition to the membership requirements set forth in Paragraph 2 above, all non-governmental entities seeking membership in GoodBuy must produce such documents as may be required from time to time by GoodBuy, to demonstrate each such non-governmental entity is eligible to become a Program Member under applicable law. 4. Membership Term. This Agreement shall be for one calendar year, which shall run from September I through August 31 of each calendar year, and shall become effective upon approval by both the Program Member's governing body, and the Region 2 ESC Board of Directors. This Agreement shall automatically renew for successive one-year terms, unless sooner terminated as provided in this Agreement. The terms and conditions of this Agreement shall apply to the initial term of Membership and all renewals, unless the terms and conditions are modified in writing, and approved by the governing body of GoodBuy, the Region 2 ESC Board of Directors. There is no fee for Program Membership. 5. Termination of Membership. Either the Program Member or Region 2 ESC may elect to non -renew this Agreement by sixty (60) days written notice of non-rendwal delivered to the designated representative of the other party, as set forth below. This Agreement may also be terminated by either party upon thirty (30) days prior written notice to the designated representative set forth below, with or without cause.. If the Program Member terminates its participation during the term of this Agreement or if GoodBuy terminates participation of the Program Member under any provision of this Article, the Program Member shall bear the full financial responsibility for any purchases by the Program Member occurring after the termination date. GoodBuy Participation Agreeinent EXHIBIT "A" buy I PurcKish , i'rc ;ram of 11 Eduralion Service Center, Rgllon 2 ■ Services Provided by GoodBuy: GoodBuy will: • Provide the organization and administrative structure of the program, including all staff necessary for the efficient operation of the program; • Solicit requests from Program Members for adding categories/commodities and relevant specifications, and quantity demands for goods and services that could be included in the GoodBuy program; • Prepare specifications for procurement of goods and services to be included in the GoodBuy program; • Publish solicitations for prices and bids from potential Vendors of goods and services to be included in the GoodBuy program; • Qualify potential Vendors and their goods or services, based on published bid criteria, and including the conducting of due diligence of potential Vendors; • Tabulate price quotes, unit prices, and other information provided by potential Vendors of goods and services, to determine awarded Vendors for specific goods and services; • Making all Vendor background research information and bids, and GoodBuy awarded Vendor contract analysis information available to Program Members; • Maintain and publish the list of all GoodBuy awarded contracts, including all relevant information about the goods and services available under each awarded Vendor contract; and • Provide Members with procedures for ordering, delivery, and billing for Member purchases from GoodBuy vendors. Region 2 ESC is the designated entity that shall supervise the GoodBuy performance of this Agreement. Any written notice to the GoodBuy Purchasing Cooperative shall be made by first class mail, postage prepaid, and delivered to: GoodBuy Purchasing Cooperative, Education Service Center, Region 2, 209 N. Water St., Corpus Christi, Texas 78401-2528 or by e-mail sent and actually received by GoodBuy to a GoodBuy Relations Representative at goodbuy@esc2.net. Member Obligations: • Each Program Member warrants that all Vendor payments, or other disbursements required under this Agreement will be made from current revenues budgeted and available to that Member. • Program Members commit to purchase goods and services that become part of the official GoodBuy products and services list when it is in the best interest of the member entity. • . Each Program Member agrees to prepare purchase orders or provide other documentation issued to the appropriate vendor from the official awarded Vendor list provided by GoodBuy clearly noting contract number on it, as may be required by Member policy and procedures; provide a copy of each such Purchase Order, or Member approved order confirmation, Vendor Invoice or other proof of purchase for a purchase to the GoodBuy representative no later than 60 business days of the Member purchase from a GoodBuy Vendor; • Accept shipments of products or delivery of services ordered from vendors in accordance with standard GoodBuy purchasing procedures. GoodBuy Participation Agreement 2 buy Nurchising �I'ri>fmin cif tlx F lucalbn Service Center, Region 2 Pay Vendors in a timely manner for all goods and services received. Report promptly in writing to GoodBuy any and all instances in which a Program Member has rejected goods or services delivered to the Member by any awarded GoodBuy Vendor, or has cancelled any previously approved Purchase Order or invoice Order for goods or services to be provided by any awarded GoodBuy Vendor, to the designated GoodBuy representative. It is also a condition precedent to the approval of this Agreement for each Program Member by the Board of Directors of Region 2 ESC, that each prospective Program Member shall designate the person or persons who have express authority to represent and bind the Program Members in the administration and operation of this Agreement, with respect to GoodBuy purchasing, and Region 2 ESC will not be obligated to contact any other individual(s) regarding GoodBuy matters. A Program Member may change the designated Member representative listed below at any time by submitting written notice to goodbuy@esc2.net. Program Member Name: Program Member Designated GoodBuy representative(s): Name: Title: Email: Telephone: Facsimile: Contact Information: (Address) City: State: The Program Member shall provide proof of goods and services purchased via any GoodBuy contract (purchase orders, monthly activity reports, order confirmations, invoices, etc.) to GoodBuy (all purchases conducted through GoodBuy Awarded Vendor contracts). These reports may be modified from time to time as deemed appropriate by GoodBuy. GENERAL TERMS AND CONDITIONS 1. Governing Law and Venue. The Program Member and GoodBuy agree that this Agreement is governed by the law ofthe State of Texas and the published policies and procedures of GoodBuy. Any and all suits arising from this Agreement shall be brought in a court of competent jurisdiction and venue shall lie in Jefferson County, Texas. 2. Cooperation and Access. The Program Member and GoodBuy agree that they will cooperate in compliance with any reasonable requests for information and/or records made by GoodBuy or the Program Member. GoodBuy reserves the right to audit the relevant records of any Program Member, and vice -versa. 3. Defense and Prosecution of Claims. The ESC shall not be responsible or obligated to defend any claims against the Member or prosecute any claims on behalf of the Member. 4. Legal Counsel. The Region 2 ESC shall not be responsible or obligated to provide or act as legal counsel to the Member with respect to any matter regarding this Agreement. 5. Purchase Contracts. The Region 2 ESC and GoodBuy shall not be a party to any contracts made by the Member for the purchase of goods or services with any vendor through the GoodBuy program. GoodBuy Participation Agreement buy Pcrchaft Program of tlx L'Acalaxi Service Center, Reg ni 2 ■ 6. No Warranty. The Region 2 ESC and/or GoodBuy does not warrant, sponsor, or endorse the goods or services of any GoodBuy Vendor. 7. It is the responsibility of the Program Member purchasing from GoodBuy awarded vendors ensure that the applicable purchasing requirements for the Member are met in accordance with all applicable local, state and federal procurement law. 8. Mediation. All claims and disputes arising under this Agreement shall be submitted to non-binding mediation before a neutral mediator in Jefferson County, Texas, with the party demanding mediation of a claim being obligated to pay all costs and expenses of mediation. 9. Compliance with Procurement Laws. GoodBuy shall use its best effects to solicit prices for goods and services in compliance with all applicable laws and regulations governing purchase contracts by Members, and will keep a record of its procurement methodology for inspection by any Member. Each Member is responsible for determining, in consultation with its legal counsel, whether purchasing through this cooperative will satisfy the requirements of any applicable law or regulation governing the Program Member. 10. This Agreement contains the entire agreement of the Parties hereto with respect to the inatters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. 11. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect 12. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its directors, officers, employees, representatives and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. 13. THE GOODBUY PURCHASING COOPERATIVE, ITS ENDORSERS, AND SERVICING CONTRACTORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 14. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 15. GoodBuy and Region 2 ESC, their ENDORSERS AND SERVICING CONTRACTORS, DO NOT WARRANT THAT THE OPERATION OR USE OF PROGRAM SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. GoodBuy Participation Agreement 4 flll 1buy - ® PLYC Ishig 111o6nm of IN! kducalion Service Center, Kerion 2 16. Merger: The Interlocal Participation Agreement, Board Resolution, Terms and Conditions, and General Provisions represent the complete understanding of the GoodBuy Purchasing Cooperative, and Program Member electing to participate in the Program. 17. Representation of Authorization: By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. TO BE COMPLETED BY THE GOODBUY PURCHASING COOPERATIVE, as acting on behalf of all other Program Members By: Date: GoodBuy Relations Representative, Region 2 ESC Email: Facsimile: (Name of Program Member) Telephone: TO BE COMPLETED BY PROGRAM MEMBER By: Date: _ (Signature of authorized representative of Program Member) GoodBuy Participation Agreement BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 8, 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 1-3/ Consent Agenda. * Consent Agenda GENERAL BUSINESS 1. Consider an Ordinance amending the FY 2017 Budget 2. Consider amending Ordinance No. 17-042, abandoning a 6' wide utility easement along Sulphur Plant Road, to include the conveyance of all improvements within the abandoned easement 3. Consider a resolution approving Change Order No. 31 for the Concord Road Project WORK SESSIONS * Review and discuss the operations of the Code Enforcement Division * Review and discuss possible advertising related to the Municipal Transit System * Review and discuss various library fees and charges * Review and discuss possible bike lanes on Magnolia from Gill Street to Laurel Street 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: Potential Claim against APAC-TEXAS, Inc. * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 125 Magnolia (warehouse) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Harbuzi at 880-3777. 1 August 8, 2017 Consider an Ordinance amending the FY 2017 Budget TEX"AS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer A/I MEETING DATE: August 8, 2017 REQUESTED ACTION: Council consider an ordinance amending the FY 2017 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget. The details of the proposed amendments are as follows: Internal Service Funds are funded through transfers from other funds and/or user fees from the departments that they support. The General Liability Fund does not charge user fees.but relies solely on transfers to fund its operations. A transfer of $1,000,000 is being proposed this fiscal year to strengthen the fund balance for FY 2018. The .Capital Reserve Fund charges user fees to the departments that purchase fleet vehicles but relies on transfers from other funds to purchase equipment and building improvements through this fund. A transfer of $1,000,000 is being proposed this fiscal year to strengthen the fund balance for FY 2018. Both transfers of $1,000,000 each will come from the Hurricane Ike Recovery Fund which has sufficient funds that were already appropriated in the original budget. General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,000 $1,000,000 $1,005,000 Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $2,792,400 $1,000,000 $3,792,400 The Henry Homberg Golf Course Fund is expected to fall short of budgeted revenues by over $87,000 in FY 2017 due to a wet spring and summer season, resulting in less play than anticipated. In addition, the budget f6r FY 2018 anticipates expenditures in excess of revenues. For these two reasons, a transfer of $400,000 is being proposed this fiscal year to strengthen the fund balance for FY 2017 and 2018. This transfer will come from the Hurricane Ike Recovery Fund as well. Henry Homberg Golf Course Fund Original Budget Proposed Amendment Amended Budget Total Revenues $601,500 $400,000 $1,001,500 The General Fund is projected to exceed budgeted expenditures by over $165,000. The main driver of this overage is a higher retirement ratio in the Fire Department than anticipated as compared to historical experience within that department. A budget amendment in the amount of $300,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $119,806,200 $300,000 $120,106,200 The Solid Waste Fund is projected to expend funds equal to the current budget. A budget amendment in the amount $100,000 is being proposed to appropriate an extra contingency for any unforeseen expenditures that may occur. Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $11,801,800 $100,000 $11,901,800 F_ ----I The Municipal- Airport Fund is projected to exceed budgeted expenditures by over $1,550,000. In FY 2016, this fund budgeted for capital improvements which did not take place during the fiscal year. These capital improvements were not considered in the FY 2107 budget because at that time it was thought that these improvements would be completed during FY 2016. A budget amendment of $1,600,000 is being proposed to cover the cost of the improvements that were scheduled to occur in FY 2016 but lapsed over into FY 2017. Municipal Airport Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $734,200 $1,600,000 $2,334,200 F_ ----I The Tyrrell Historical Trust Fund is projected to exceed budgeted expenditures by over $180,000. In FY 2016, the fund received a large donation for a project to mitigate water intrusion in the building. An amendment was approved in FY 2016 to appropriate the expenditures for this project as it was thought to be completed in FY 2016. A budget amendment of $180,000' is being proposed to cover the cost of the improvements that were scheduled to occur in FY 2016 but lapsed over into FY 2017. Tyrrell Historical Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $23,100 $180,000 $203,100 F_ ----I FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2017 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL LIABILITY, CAPITAL RESERVE AND HENRY HOMBERG GOLF COURSE FUNDS; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE GENERAL, SOLID WASTE, MUNICIPAL AIRPORT AND TYRRELL HISTORICAL FUNDS; AND PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2017 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2016 through September 30, 2017, be and the same is hereby amended to appropriate additional revenues in the General Liability Fund as shown below: General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,000 $1,000,000 $1,005,000 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2016 through September 30, 2017, be and the same is hereby amended to appropriate additional revenues in the Capital Reserve Fund as shown below: Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $2,792,400 $1,000,000 $3,792,400 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2016 through September 30, 2017, be and the same is hereby amended to appropriate additional revenues in the Henry Homberg Golf Course Fund as shown below: Henry Homberg Golf Course Fund Original Budget Proposed Amendment Amended Budget Total Revenues $601,500 $400,000 $1,001,500 Section 4. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2016 through September 30, 2017, be and the same is hereby amended to appropriate additional expenditures in the General Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $119,806,200 $300,000 $120,106,200 Section 5. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2016 through September 30, 2017, be and the same is hereby amended to appropriate additional expenditures in the Solid Waste Fund as shown below: Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $11,801,800 $100,000 $11,901,800 Section6. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2016 through September 30, 2017, be and the same is hereby amended to appropriate additional expenditures in the Municipal Airport Fund as shown below: Municipal Airport Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $734,200 $1,600,000 $2,334,200 Section 7. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2016 through September 30, 2017, be and the same is hereby amended to appropriate additional expenditures in the Tyrrell Historical Fund as shown below: Tyrrell Historical Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $23,100 $180,000 $203,100 Section 8. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of August, 2017. - Mayor Becky Ames - 2 August 8, 2017 Consider amending Ordinance No. 17-042, abandoning a 6' wide utility easement along Sulphur Plant Road, to include the conveyance of all improvements within the abandoned easement BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 8, 2017 REQUESTED ACTION: Consider an Ordinance amending Ordinance No. 17-042, abandoning a 6' wide utility easement along Sulphur Plant Road, to include the conveyance of all improvements within the abandoned easement. BACKGROUND Natgasoline, LLC, has requested the abandonment of the 6' wide utility easement located along Sulphur Plant Road, just east of the Beaumont City Limit line. The easement was for a water line. Due to the privatization of Sulphur Plant Road by Natgasoline and Martin Gas security, this portion of the easement is no longer needed. Abandonment of the easement would allow much needed access by Martin Gas for maintenance purposes. A new water meter, outside the privatized area, has been provided in the remaining portion of the easement. At a Joint Public Hearing held on June 19, 2017, the Planning Commission recommended 7:0 to approve a request to abandon a 6' wide utility easement along Sulphur Plant Road. City Council approved this request at their July 11, 2017 meeting via Ordinance No. 17-042. This amendment would clearly define that any and all improvements be conveyed along with the abandonment of the easement. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. ORDINANCE NO. 17-042 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 6' WIDE UTILITY EASEMENT ALONG SULPHUR PLANT ROAD JUST EAST OF THE BEAUMONT CITY LIMIT LINE, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Natgasoline, LLC has applied for an abandonment of a 6' wide utility easement along Sulphur Plant Road just east of the Beaumont city limit line, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the utility easement is no longer necessary for utility purposes and the abandonment of said utility easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED 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 a 6' wide utility easement along Sulphur Plant Road just east of the Beaumont city limit line, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE July, 2017. L of the City of Beaumont this the 11th day of .Q B� B c- Mayor46cky Ames — ORDINANCE NO. WHEREAS, on July 11, 2017 the City Council of the City of Beaumont, Texas approved Ordinance No. 17-042 vacating and abandoning a 6' wide utility easement along Sulphur Plant Road just east of the Beaumont City limit line, City of Beaumont, Jefferson County, Texas; and, WHEREAS, a new water meter, outside the privatized area, has been provided in the remaining portion of the easement; and, WHEREAS, Natgasoline, LLC has requested that all improvements be conveyed along with the abandonment of the 6' wide utility easement, which would require an amendment to Ordinance No. 17-042; and, WHEREAS, the City Council has considered the purpose of said amendment to Ordinance No. 17-042 and is of the opinion that said amendment is in the best interest of the City and should be granted to include the conveyance of all improvements within the abandoned easement; NOW, THEREFORE, BE IT ORDAINED 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 Ordinance 17-042 be and is hereby amended to include the conveyance of all waterline improvements and appurtenances within the abandoned 6' wide utility easement along Sulphur Plant Road just east of the Beaumont City limit line, as described in Exhibit 'A" attached hereto. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of August, 2017. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a center line description, for water line easement abandonment purposes, out of the Pelham Humphries League, Abstract No. 32, Jefferson County, Texas; being part of a (Called 191.13 1) acre tract of land, known as Tract V, described in a deed to Natgasoline Land Holding, LLC, recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; being that portion of a 6' wide water line easement to the City of Beaumont, recorded in File No. 2003 009125, Official Public Records, Jefferson County, Texas, that lies Northeast -of a 0.0138 acre tract of land, for water meter easement purposes, surveyed by Anthony M. Leger on March 20, 2017; said 6' wide water line easement being more particularly described by center line as follows, to wit: Note: Bearings, distances, coordinates and acreage are based on Texas Coordinate System of 1983, South -Central Zone, US Survey Feet. Referenced to SmartNet, North America. COMMENCING at a 5/8" steel rod in concrete, found on the Northeast right of way line of State Highway No. 347, for the Southwest corner of a (Called 2.82) acre tract of land described in a deed to C. M. Mid -County Properties, LLC, recorded in File No. 2007044127, Official Public Records, Jefferson County, Texas, and the Northwest comer of a (Called 4.634) acre tract of land known as Tract II, described in a deed to Natgasoline Land Holding, LLC, recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; said rod in concrete having Coordinates of N: 13955686.71, E: 3532489.38; from which a %2" steel pipe in concrete, found, bears South 46 deg., 52 min., 43 sec., East, a distance of 337.07'; THENCE, North 74 deg., 39 min., 46 sec., East, a distance of 692.95' to a 5/8" steel rod found for an angle point on the common line of a (Called 4.28) acre tract of land, known as Parcel No. 240-E (part 2), described in a judgment in favor of the State of Texas, recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas and the (Called 191.13 1) acre tract; THENCE, South 61 deg., 33 min., 40 sec., East, a distance of 151.41' to a point for the most Westerly corner of the (Called 0.0138) acre tract; THENCE, North 51 deg., 56 min., 26 sec., East, a distance of 30.00' to a point for the most Northerly corner of the (Called 0.013 8) acre tract; THENCE, South 38 deg., 03 min., 34 sec., East, on the Northeasterly line of the (Called 0.0138) acre tract, a distance of 13.49' to the POINT OF BEGINNING of the herein described centerline; said point having Coordinates of N: 13955805.77, E: 3533322.7; THENCE, the following bearings and distances on the center line of said 6' wide water line easement; North 65 deg., 08 min., 36 sec., East (Called North 68 deg., 34 min., 40 sec., East), a distance of 4.92% North 63 deg., 14 min., 09 sec.; East (Called North 66 deg., 40 min., 13 sec., East), a distance of EXHIBIT "A" 22.54'; North 64 deg., 05 min., 50 sec., East (Called North 67 deg., 31 min., 54 sec., East), a distance of 34.30'; North 64 deg., 31 min., 13 sec., East (Called North 67 deg., 57 min., 17 sec., East), a distance of 66.3 8'; North 66 deg., 04 min., 08 sec., East (Called North 69 deg., 30 min., 12 sec., East), a distance of 79.18'; North 72 deg., 47 min., 25 sec., East (Called North 76 deg., 13 min., 29 sec., East), a distance of 24.86'; North 74 deg., 30 min., 21 sec., East (Called North 77 deg., 56 min., 25 sec., East), a distance of 24.80'; North 74 deg., 40 min., 22 sec., East (Called North 78 deg., 06 min., 26 sec., East), a distance of 25.00'; North 76 deg., 49 min., 08 sec., East (Called North 80 deg., 15 min., 12 sec., East), a distance of 24.80'; North 76 deg., 19 min., 48 sec., East (Called North 79 deg., 45 min., 52 sec., East), a distance of 24.67'; North 77 deg., 23 min., 19 sec., East (Called North 80 deg., 49 min., 23 sec., East), a distance of 25.15'; North 74 deg., 37 min., 38 sec., East (Called North 78 deg., 03 min., 42 sec., East), a distance of 24.65'; North 76 deg., 32 min., 28 sec., East (Called North 79 deg., 58 min., 32 sec., East), a distance of 24.94'; North 75 deg., 26 min., 41 sec., East (Called North 78 deg., 52 min., 45 sec., East), a distance of 98.72'; - North 72 deg., 37 min., 13 sec., East (Called North 76 deg., 03 min., 17 sec., East), a distance of 28.13'; North 69 deg., 12 min., 35 sec., East (Called North 72 deg., 38 min., 39 sec., East), a distance of 75.65'; North 69 deg., 12 min., 35 sec., East (Called North 72 deg., 38 min., 39 sec., East), a distance of 1.65'; South 57 deg., 23 min., 48 set., East (Called South 53 deg., 57 min., 44 sec., East), a distance of 10.40'; South 57 deg., 23 min., 48 sec., East (Called South 53 deg., 57 min., 44 sec., East), a distance of 9.63'; South 58 deg., 15 min., 59 sec., East (Called South 54 deg., 49 min., 55 sec., East), a distance of 31.32'; South 62 deg., 07 min., 11 sec., East (Called South 58 deg., 41 min., 07 sec., East), a distance of 14.66'; South 87 deg., 33 min., 01 sec., East (Called South 84 deg., 06 min., 57 sec., East), a distance of 7.71'; North 54 deg., 58 min., 30 sec., East (Called North 58 deg., 24 min., 34 sec., East), a distance of 7.18',; North 41 deg., 09 min., 40 sec., East (Called North 44 deg., 35 min., 44 sec., East), a distance of 293.98'; North 05 deg., 31 min., 20 sec., East (Called North 08 deg., 57 min., 24 sec., East), a distance of 10.83'; North 19 deg., 58 min., 25 sec., West (Called North 16 deg., 32 min., 21 sec., West), a distance of 8.54'; North 28 deg., 23 min., 20 sec., West (Called North 24 deg., 57 min., 16 sec., West), a distance of 5.66'; North 28 deg., 23 min., 53 sec.; West (Called North 24 deg., 57 min., 49 sec., West), a distance of 2.42'; North 55 deg., 36 min., 43 sec., East (Called North 59 deg., 02 min., 47 sec., East), a distance of 50.45'; North 55 deg., 47 min., 38 sec., East (Called North 59 deg., 13 min., 42 sec., East), a distance of 99.87'; North 46 deg., 00 min., 58 sec., East (Called North 49 deg., 27 min., 02 sec., East), a distance of 87.94'; North 40 deg., 29 min., 58 sec., East (Called North 43 deg., 56 min., 02 sec., East), a distance of 149.74'; North 42 deg., 02 min., 29 sec., East (Called North 45 deg., 28 min., 33 -sec., East), a distance of 248.57'; - North 41 deg., 55 min., 14 sec., East (Called North 45 deg., 21 min., 18 sec., East), a distance of 56.80'; North 42 deg., 55 min., 19 sec., East (Called North 46 deg., 21 min., 23 sec., East), a distance of 133.94'; North 41 deg., 14 min., 53 sec., East (Called North 44 deg., 40 min., 57 sec., East), a distance of 131.38'; 11 North 42 deg., 36 min., 26 sec., East (Called North 46 deg., 02 min., 30 sec., East), a distance of 89.35'; North 41 deg., 58 min., 44 sec., East (Called North 45 deg., 24 min., 48 sec., East), a distance of 285.46'; North 42 deg., 00 min.; 52 sec., East (Called North 45 deg., 26 min., 56 sec., East), a distance of 70.76'; North 41 deg., 50 min., 39 sec., East (Called North 45 deg., 16 min., 43 sec., ,East), a distance of 79.99"; North 42 deg., 27 min., 11 sec., East (Called North 45 deg., 53 min., 15 sec., East), a distance of 72.59'; North 41 deg., 42 min., 58 sec., East (Called North 45 deg., 09 min., 02 sec., East), a distance of 91.23'; North 42 deg., 22 min., 45 sec., East (Called North 45 deg., 48 min., 49 sec., East), a distance of 110.48'; North 41 deg., 58 min., 15 sec., East (Called North 45 deg., 24'min., 19 sec., East), a distance of 89.12'; North 41 deg., 57 min., 43 sec., East (Called North 45 deg., 23 min., 47 sec., East), a distance of 101.66'; North 41 deg., 57 min., 43 sec., East (Called North 45 deg., 23 min., 47 sec., East), a distance of 3.19'; North 47 deg., 50 min., 00 sec., West (Called North 44 deg., 23 min., 56 sec., West), a distance of 3.51'; North 47 deg.; 50 min., 00 sec., West (Called North 44 deg., 23 min., 56 sec., West), a distance of 58.81'; THENCE, -North 51 deg., 32 min., 24 sec., West (Called North 48 deg., 06 min., 20 sec., West), a distance of 9.56' to the POINT OF TERMINATION and being 3,037.07' in total length; being the intent of this description to include all portions of said 6' wide water line easement located Northeast of said 0.013 8 acre tract. This description is based on the Land Title Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on March 20, 2017. � � �� - { � „�3r- `ra T• ��-r,�`y5•� i a s ''.c� -•' P� ..:: � -� �s.-'" � ''}.'.``i'-, 2'�-' '!-s"' -•d'zF / k r f'5�,-3-s NQ ,aF; ,r • ` t } '�Plili ,, rte- %�ry�-• �1 _ rF-A�-+'� .ter fi Vis- aM� cmiMV ' S 0 � .c ei.� c`v-'i- ,; � -, t ti x �.;�L���+ � �.- � �.,e >i' � t ,5 i • } i �� � a ?s. � �•Z A .1 -� {-7' r ��� � "•�-. ��- � c ' .yh .'„'+- S� r5r vc ..;,, ,,- � � � c.•-�' +s c-.. 84�•+clr c�'Jw rl "rh�l "�����Lr+.� ._d r. � y• �'�+ r r tr� t 7 `+'1._ic .� r�i 'S�. ` � 1 f>> n .i .�•• V 5 •C� �` �,.Fy. }'°' 7. u.. ..t i. y v: Ati._ 1 ' s � � � ��•11 $. � r r .P F3-�r ����r \ .1 � y. }r •r: • '- - i ',_7 It r � s- �n .� ? �'�- r r z��- �„� .� t' 9 . rye. • 1 _ F ,r r1 is .,- �' � � ��� .•,- , _t_.YA'• yS �. - ' xy. `� yi-' f . 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NAME OF APPLICANT: Natgasoline LLC PHONE: (832) 301-1509 FAX; AUTHORITY OF APPLICANT: Owne NAME OF OWNER: Natgasoline LLC PHONE: (832) 301-1509 FAX: ADDRESS: 9 Greenway Plaza, Suite 800 - Houston. Texas 77046 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: 6' wide utility easement along Sulphur Plant Road, PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) Water Line ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR TRACT Tract V BLOCK NO. ADDITION PLAT SURVEY Pelham Humphries, Abstract No. 32 ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DEVIENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMIVIITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE. THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF APPLICANT: ' , � � Or7I/ht�.lSo ���ATE: �6 i7 PLEASE TYPE OR PRINT AD SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION FILE NUMBER: 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: We, the undersigned, being the sole owners of all the property abutting the proposed abandonment L/ of ` V11� V✓419t lepSCMdA� C410AI Slfiehvt IA -( [2j hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey) Natgasoline LLC NOTE: Please print or type your name and then use signature. Separate sheets may be used. SIGMA ENGINEERS, INC. o ENGINEERS & DESIGNERS 4099 Calder Avenue • Beaumont, Texas 77706 • (409) 898-1001 • Fax (409) 898-3420 TBPE Registration F-003645 LAPELS Registration 4929 Alberta, Canada P-11246 May 26, 2017 Chris Boone Planning and Zoning Commission City of Beaumont 801 Main St. Beaumont, Tx 77701 Re: Water Line Easement Abandonment Natgasolirke Methanol Facility Beaumont, Texas Dear Mr. Boone: Natgasoline requests to abandon the easement for the water line located along Sulphur Plant Road in accordance with the enclosed survey. The line currently services the existing meter for Martin Gas Services facility as well as four fire hydrants along Sulphur plant road. Portions of the existing easement are located within the battery limits of the new Natgasoline facility. Sulphur Plant Road has been privatized and access is controlled by Natgasoline and Martin Gas security. WNatgasoline proposes to install two new meters on the south end of Sulphur Plant Road. One meter will provide service for Natgasoline and the other meter will provide service to Martin Gas as well as the existing fire hydrants. After installation of these meters, Natgasoline will relocate the existing line outside of their facility along Sulfur Plant Road. This will allow Martin Gas access to the line for maintenance purposes. An easement for the new water meters has been provided, and the existing easement upstream of the meters will remain. Please feel free to contact me if you have any questions or need additional information. On behalf of Natgasoline, 7Sigm7ames, Inc. Devin Jones Engineering Manager Enclosure No Text 3 August 8, 2017 Consider a resolution approving Change Order No. 31 for the Concord Road Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director iW MEETING DATE: August 8, 2017 REQUESTED ACTION: Council consider a resolution approving Change Order No. 31 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. 1-30, resulted in a decrease of ($66,450.31) to the original awarded amount making the new contract amount $11,218,296.40. Proposed Change Order No. 31, in the amount of ($205,794.54), which also includes a ($27,956.19) Engineering and Contingency credit, is required to modify and adjust quantity underruns, which resulted in a cost savings opportunity during the course of construction. If approved, the new contract amount will be $11,012,501.86. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. 17-106 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 j 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. Iff& "kVV111-- - a or U6cky Ames J � off. d' r' TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 31 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 ❑ Amended F] New [ Check one j 3. Indicate the type and amount of funding: ❑ Fixed Price (Lump Sum) (Estimated Amount ® Actual Cost (a) Contract Items (Bid Items): (b) E&C*: (a) x 0 = enter % (c) Indirect Cost**: (a + b) x = enter % TOTAL -177,838.35 -27,956.19 CCSJ: 0920-38-153 Project: HP 450(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. 0.00 Date -205,794.54 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 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, on May 30, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-106 approving Change Order No. 29, in the amount of $149,835.16, including $20,354.38 for Engineering and Contingency charges, to compensate 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, on May 30, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-106 approving Change Order No. 30, in the amount of ($58,184.66), including ($7,904.10) for Engineering and Contingency credit, 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; and, WHEREAS, Change Order No. 31, in the amount of ($205,794.54), including I/ ($27,956.17) for Engineering and Contingency credit, is required to modify and adjust underruns, thereby decreasing the contract amount to $11,012,501.86; 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. 31 for additional work described above, thereby decreasing the contract amount by ($205,794.54) for a total contract amount of $11,012,501.86 for the Concord Road Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of August, 2017. - Mayor Becky Ames - WORK SESSION 1. Review and discuss the operations of the Code Enforcement Division 2. Review and discuss advertising related to the Municipal Transit System 3. Review and discuss various library fees and charges 4. Review and discuss possible bike lanes on Magnolia from Gill Street to Laurel Street M1 Q ARTICLE 14.06 LIBRARY' Sec. 14.06.001 Library name; branches The library of the city shall be known as the Beaumont Public Library System. Branches thereof may be established by the city council upon recommendation of the library commission or city manager. (1958 Code, sec. 18-3; Ordinance 78-110, sec. 1, adopted 11/28/78; Ordinance 01-035, sec. 1, adopted 5/1/01; 1978 Code, sec. 16-3) Sec. 14.06.002 Fees for nonresident cards It shall be unlawful for a nonresident of the city to check out any item from the Beaumont Public ' Library unless such person holds a nonresident card issued under the following terms and conditions: (1) A nonresident individual card at a cost of twenty-five dollars ($25.00) per year will entitle the holder to check out a maximum of€Ke-(5}ten 10 items at any one (1) time if otherwise allowed by existing rules for each item. (2) A nonresident family card at a cost of forty dollars ($40.00) per year will entitle the holder to check out a maximum of ten (1&) -fifteen (15) items at any one time if otherwise allowed by existing rules for each item. (1958 Code, sec. 18-9; Ordinance 75-54, sec. 1, adopted 9/2/75; Ordinance 78-110, sec. 1, adopted 11/28/78; Ordinance 91-17, sec. 1, adopted 2/26/91; Ordinance 03-103, sec. 1, adopted 12/9/03; Ordinance 05-011, sec. 1, adopted 1/25/05; 1978 Code, sec. 16-9) A Sec. 14.06.003 Failing to return materials (a) Unlawful. It shall be unlawful for any person to fail to return library materials borrowed from the Beaumont Public Library System. (b) Evidence of violation. In any prosecution charging a violation of subsection (a) of this section, proof that, (1) the library materials were to be returned on a date specified, (2) notice was given by depositing in the United States mail said notice addressed to the person who borrowed the library materials sent to his address as shown on the records of the library and stating that the materials were not returned on the date specified, and (3) the library materials are not returned to the Beaumont Public Library within twenty (20) days, shall constitute in evidence a prima facie case establishing violation of subsection (a) of this section. (c) Presumption of receipt of notice. If notice is given in accordance with subsection (b) of this section, it is presumed that the notice was received no later than five (5) days after it was sent. (d) Lack of possession no defense. In prosecutions under subsection (a) of this section it shall be no defense that the borrower of the library material no longer possesses them. (Ordinance 78-110, sec. 1, adopted 11/28/78; Ordinance 01-035, sec. 1, adopted 5/1/01; 1978 Code, secs. 16-10-16-13) €a Sec. 14.06.004 Late charges; processing fee (a) The library director shall charge a daily late charge to those persons whose cards are used to check out materials which are returned after the applicable loan period. The loan period, daily late charge and maximum late charge for each item shall be as follows: Item Loan Period Daily Late Charge Maximum Late Charge Books (all materials except for DVDs) Two weeks with one renewal for two weeks $04-80.15 Replacement cost Cassettes Thfee weeksAienfenewable T{c nlnro.,,e.,t east Cempa^dises and audio books T...... pial.^ ...:tl, o renewal for- YA,E) weeks 1$ Videotapes One week/nonrenewable $2-.001.00 $23:89Rgplacement cost .Fffixed--gfifrt5 5040 W.00 (b) The loan periods o-st" h-li-s ed herein fnay fiet be tendo' by Fenew^'.may be renewed b staff as lone as no holds are present on the item. (c) The director shall, in addition to any late charge imposed by this section, charge a processing fee of five dollars ($5.00) for hardback books and two dollars ($2.00) for paperback books, which is not refundable, for lost or damaged materials. (Ordinance 80-8, sec. 1, adopted 1/29/80; Ordinance 82-92, sec. 1, adopted 8/24/82; Ordinance 83-131, sec. 1, adopted 10/11/83; Ordinance 91-17, sec. 2, adopted 2/26/91; Ordinance 01-035, sec. 1, adopted 5/1/01; Ordinance 01-060, sec. 1, adopted 8/21/01; Ordinance 03-103, sec. 2, adopted 12/9/03; Ordinance 05-011, sec. 2, adopted 1/25/05; 1978 Code, sec. 16-14; Ordinance 07-039, sec. 2, adopted 4/3/07) p Sec. 14.06.005 Rental for use of meeting room The rental rate for the use of a meeting room shall be ten dollars ($4-0:0025.00) an hour with a wo 2 minimum use of tlxee-(3)thours. If food is to be served, a refundable deposit of five dollars ($25 nn`seventy-five ($75.00) shall be paid in advance of the use. (Ordinance 83- 131, sec. 1, adopted 10/11/83; Ordinance 01-035, sec. 1, adopted 5/1/01; 1978 Code, sec. 16-15) Formatted Table ------.-Formatted Table Y Fines Meeting Room Meeting Room Deposit AhilPnP Bavtown Beaumont Port Arthur Tvler Waco City of Beaumont Community Centers $.0.25 $.10/1.00 $.10/1.00 $.10/1.00 $.25/1.00/5.00 $:15/1.00 All items All items/Reference and testing items All items/ DVDs All Items/DVDs Books/DVDs/Kindles All Items/DVDs $10.00/50.00 NA $10 HR/3 hour min $0.00 $0.00 $0.00 $75 HR/2 hour min $10 Hr or $50 for 2 hours depending on library. $25 table setup fee, no cleaning deposit $0.00. NA $25:00 $25.00 $0.00 $0.00 . Library Card Resident Library Card Non -Resident Library Cord Replacement Damaged Cases, etc. Damaged Labels Card Upgrade from Internet Card 'Lost items Test Proctoring Miscellaneous Fee Comparison for Libraries Free Free . Free Free Free Free $10:00 Free $25/$40 $15/20/30. '$50- 00190.'001 10.00 Free $1.00 -NA Single/Family schools and Children/single User/Family 6.Mo./1 Year/Monthly $1:00 $1.00 $1.00 $5.00 $1.00" $1.00. $1.00 $5.00' $2.00 $5.00 $1.00. $1:00 $5:00 Case/Art $1.00 -NA $2.00 $1:00 $0.10 $1:00 Spine Labels or Barcodes NA NA $5.00 NA ' NA NA No Internet Card No Internet Card No Internet Card No Itnernet Card No Internet Card Cost -of item/Fee Cost of item Cost of Item/Fee Cost of item%Fee Cost of Item/Fee Cost of Item/Fee, No Fee Fines are added to cost if over 40 days overdue Free Free $40.00 20.00/5.00 $10.00 Free 1st hour/per hour after °" ' $1.00 Day ILL late fee 50 ILC Late fee County Library' w Fines Computer Printing Black & White Computer Printing Color Copying Faxing Meeting Room Meeting Room Deposit Processing Fees Fee Comparison for Libraries Abilene Bavtown Beaumont Port Arthur Tyler Waco $.0.25 $.10/1.00 $.10/1.00 $.10/1.00 $.25/1.00/5.00 $.15/1.00 All items All items/Reference and testing items All items/ DVDs All Items/DVDs Books/DVDs/Kindles All Items/DVDs $0.15 $0.10 $.15 page $0.10 $0.25 $0.15 Per Page Per Page Per Page Per Page Per Page Per Page $0.45 $0.50 $.50 page NA $0.50 $0.50 Per Page Per Page Per Page Per Page Per Page Per Page $0.15/.45 $.10/1.00 $.15 page $0.10 $0.10 $.201.50 Black and White / Color Black and White / Color Black and White No color Black and White No color Black and White / Color Sponsored by Friends Black and White / Color NA 1.75/1.00 $2 page NA $1.00/1.75 $1.00 Per Page First Page/Following Pages Per Page Per Page Per Page Local/Long Distance Per Page $10:00/50.00 NA $10 HR/3 hour min $0.00 $0.00 $0.00 $10 Hr or $50 for 2 hours depending on library. $0.00 NA $25.00 $25:00 $0.00 $0.00 $5.00 NA $2.00/5.00 $3.00/5.00/10.00 $5:00 $5.00 All Items All Items Paperbacks/All other items Paperbacks/Hardbacks/D VDs All Items All Items Notes All Free to Non -Profits.