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HomeMy WebLinkAboutPACKET JAN 30 2018BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 30, 2018 1:30 P.M. CONSENT AGENDA * Approval of minutes — January 16, 2018 * Confirmation of board and commission member appointments Jonathan Owens would be appointed to the Police Department Community Advisory Committee. The term would commence January 30, 2018 and expire September 30, 2019. (Councilmember Virginia Jordan) Jeff Beaver would be reappointed to the Board of Adjustment (Zoning). The current term would expire January 11, 2020. (Mayor Becky Ames) Greg Wall -Architect would be reappointed to the Building Board of Appeals. The current term would expire January 24, 2020. (Mayor Becky Ames) Gene VanMeter-Alternate Electrician would be reappointed to the Building Board of Appeals. The current term would expire January 24, 2020. (Mayor Becky Ames) Tom Neild -Alternate General Contractor would be reappointed to the Building Board of Appeals. The current term would expire January 24, 2020. (Mayor Becky Ames) Ava Graves would be appointed as Chairman of the Convention and Tourism Advisory Board. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) Steve McGaha would be appointed as Vice Chairman of the Convention and Tourism Advisory Board. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames), Dora Nisby would be appointed as Chairman of the Community Development Advisory Committee. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) Charles Taylor would be appointed as Vice Chairman of the Community Development Advisory Committee. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) Dora Nisby would be appointed as Chairman of the Library Commission. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) Ben Woodhead would be appointed as Vice Chairman of the Library Commission. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) Barbara White would be appointed as Chairman of the Parks and Recreation Advisory Committee. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) MacArthur English would be appointed as Vice Chairman of the Parks and Recreation Advisory Committee. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) Jon Reaud would be appointed as Chairman of the Police Department Community Advisory Committee. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) Sandra Womack would be appointed as Vice Chairman of the Police Department Community Advisory Committee. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) Dave Mulcahy would be appointed as Chairman of the Small Business Revolving Loan Fund Board. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) John Johnson would be appointed as Vice Chairman of the Small Business Revolving Loan Fund Board. The term would commence January 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) A) Authorize the City Manager to renew the annual service agreement for potable water with Lucite International, Inc. B) Approve the transition of the City's 457 FICA alternative retirement plan from Public Agency Retirement Services (PARS) to ICMA-RC C) Authorize the City Manager to apply for a grant from American Kennel Club Reunite D) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 5760 Walden Road RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Expiration of Term Term Jonathan Owens Police Department 01/30/2018 09/30/2019 Community Advisory Committee Ava Graves, Convention and 01/30/2018 09/30/2019 Chairman Tourism Advisory Board Steve McGaha, Convention and 01/30/2018 09/30/2019 Vice Chairman Tourism Advisory Board Dora Nisby, Community 01/30/2018 09/30/2019 Chairman Development Advisory Committee Charles Taylor, Vice Community 01/30/2018 09/30/2019 Chairman Development Advisory Committee Dora Nisby, Library Commission 01/30/2018 09/30/2016 Chairman Ben Woodhead, Library Commission 01/30/2018 09/30/2019 Vice Chairman Barbara White, Parks and 01/30/2018 09/30/2019 Chairman Recreation Advisory Committee MacArthur English, Parks and 01/30/2018 09/30/2019 Vice Chairman Recreation Advisory Committee Jon Reaud, Police Department 01/30/2018 09/30/2019 Chairman Community Advisory Committee Sandra Womack, Police Department 01/30/2018 09/30/2019 Vice Chairman Community Advisory Committee Dave Mulcahy, Small Business 01/30/2018 09/30/2019 Chairman Revolving Loan Fund John Johnson, Vice Small Business 01/30/2018 09/30/2019 Chairman Revolving Loan Fund THAT the following reappointments be made: Reappointment Commission Beginning of Expiration of Term Term Jeff Beaver Board of Adjustment 01/30/2018 01/11/2020 Greg Wall Building Board of 01/30/2018 01/24/2020 Appeals Gene VanMeter, Building Board of 01/30/2018 01/24/2020 Alternate Appeals Tom Neild, Building Board of 01/30/2018 01/24/2020 Alternate Appeals 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 30th day of January, 2018. - Mayor Becky Ames - 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: January 30, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to renew the annual service agreement for potable water with Lucite International, Inc. BACKGROUND Lucite International, Inc., (formally DuPont), is authorized to use a maximum of 504,000 gallons per day. The service agreement will allow the City to provide potable drinking water services to Lucite International, Inc. The service agreement will include renewal on an annual basis and label the user, Lucite International, Inc., as a customer of the City of Beaumont. The agreement shall expire on January 31" of every year. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Service Agreement between the City of Beaumont and Lucite International, Inc. for potable drinking water services. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2018. - Mayor Becky Ames - BEAUMONT TEXAS City of Beaumont SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont • Lucite WHEREAS, Lucite (formerly DuPont) doing business in the State of Texas (herein "Customer"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on August 19, 2008 for City to provide potable drinking water services to Lucite; WHEREAS, the City and Customer desire to adopt a Service Agreement for the provision of potable drinking water services to Lucite and agree as follows: WITNESSETH Customer agrees to maintain, free of charge to the City, the water lines within its property. M The City shall have the right to enter on the property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. III Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone) backflow prevention device at the point of service (the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the Page 1 of 7 EXHIBIT "A" requirements in City Ordinance 01-032, Section 28-57.12. The assembly must be tested upon installation and semi-annually by a certified tester. Customer agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection of the drinking water supplied to Customer's employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. V Customer agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the publicdrinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air=gap or a reduced pressure -zone backflow prevention device. 2. No cross -connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air -gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 0.25% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of any water supply which provides water for human use. Page 2 of 7 I The Water Utilities Department will maintain a copy of this agreement as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Customer shall have his property inspected for possible cross -connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually, or when there is reason to believe the cross -connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Customer shall notify the Water Utilities Department in writing of any cross -connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross -connections or other potential contamination hazards on his premises. 4. Customer shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII Page 3 of 7 If the Customer is identified as a Public Water Supply System by the State, then all testing and reporting requirements to the State as a Public Water Supply System will be the responsibility of the Customer. In the event of a change in treatment or distribution such as utilizing treated water other than the City supply, Customer agrees to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. M The Customer is. authorized to use a maximum of 21,000 gallons per hour on a daily average or 504,000 gallons per day. The rates applied by the City can be negotiated if the demand of the Customer changes. IVA Customer agrees to pay to the City all charges for water service within thirty (30) days from date of the statement from the City. In the event of failure of Customer to so pay said charges, City shall have the right, upon thirty (30) days' written notice to Customer, to refuse to provide potable water service to Customer. M Customer will pay the same rate for water services as established from time -to -time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance, Customer agrees to pay said amended rates. Page 4 of 7 VAI Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this agreement; 2. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this agreement; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this agreement. XII This Contract shall expire on January 31" of every year or if either party gives 30 days written notice of intent to terminate this agreement. W Customer may, from time to time, convey or assign this Service Agreement with respect to all or any part of the land contained within Customer's boundaries, and the assignee or assignees shall be bound by this agreement. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Service Agreement with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council. Page 5 of 7 In connection with this agreement, official addresses for notification shall be: A. Dr. Joseph Majdalani, Public Works Director City of Beaumont 801 Main St, STE 200 Beaumont, Texas 77701 B. Lucite International, Inc. Attn. Randy Wooline 6350 North Twin City Hwy. Nederland, TX 77627 C. Lucite International, Inc. Procurement 7275 Goodlett Farms Pkwy Cordova, TN 38016 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed address. XIV This Service Agreement represents the entire and integrated Contract between the City of Beaumont Water Utilities Department and Lucite and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Lucite. IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed, and the said Customer, acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Page 6 of 7 Executed in duplicate originals at Beaumont, Texas, on this CUSTOMER I� (PRINT) Authorized Representative Date day of A.D., 2018. CITY OF BEAUMONT /CITY MANAGER Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Page 7 of 7 Date BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 30, 2018 REQUESTED ACTION: Council consider a resolution approving the transition of the City's 457 FICA alternative retirement plan from Public Agency Retirement Services (PARS) to ICMA-RC. to On August 25, 2009, Council approved Resolution 09-246, allowing PARS to provide for a Qualifying Retirement System for employees who were not eligible to participate in such a Qualifying Retirement System. This alternative retirement plan is geared for employees that are not employed full-time since full-time employees participate in the Texas Municipal Retirement System (TMRS). PARS' alternative retirement plan allows part-time employees to pay into a 457 -retirement plan (based on a percentage of their pay) rather than paying FICA (social security) tax. Their contributions to the plan are not subject to federal income tax and are invested in the plan's assets.. Once the employee terminates their employment with the City they have the option of leaving their contributions in the plan or they can request a full withdraw of their account without penalty, regardless of their age. This plan is currently administered by PARS at an average annual cost to the City of $9,500. ICMA-RC has approached the City about administering the 457 FICA alternative retirement plan. The City already uses ICMA-RC for the administration of its 457 Plan and IRA accounts for its full-time employees. The cost to administer the 457 FICA alternative retirement plan for the part-time employees would be approximately $5,000 per year. The ICMA-RC plan would mirror the PARS plan and would not require any action from the participants of the plan. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. RESOLUTION AUTHORIZING THE TRANSTION OF THE CITY'S 457 FICA ALTERNATIVE RETIREMENT PLAN FROM PUBLIC AGENCY RETIREMENT SERVICES TO ICMA-RC. WHEREAS, the City of Beaumont ("the City") currently participates in the Public Agency Retirement Services (PARS) Section 457 FICA Alternative Retirement Plan (the "PARS Plan"); and, WHEREAS, the City has selected ICMA-RC as the new provider and wishes to terminate all services and contracts with PARS as trust administrator and U.S. Bank as trustee of the PARS Plan; and, WHEREAS, the City has accepted its appointment as trustee, and ICMA-RC has accepted its appointment as custodian and recordkeeper of the successor plan; 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 ordinance are hereby, in all things, approved and adopted; and, SECTION 1. The City Council hereby replaces the City of Beaumont PARS Section 457 FICA Alternative Retirement Plan with the City of Beaumont PTS Plan, effective January 31, 2018. SFrT10K1 9 The City Council hereby directs the liquidation of assets held in the PARS Plan on or around March 1, 2018. SECTION 3. The City Council hereby directs the transfer of assets and participant data from the PARS Plan to ICMA-RC on or around March 2, 2018. SECTION 4. The City Council hereby terminates the Agreement for Administrative Services with the Public Agency Retirement Services effective upon the transfer of assets and participant data to ICMA-RC. SECTION 5. Upon the successful transfer of assets, U.S. Bank is hereby removed as trustee of the PARS Plan. 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 30th day of January, 2018. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk APPROVED AS TO FORM: Tyrone E. Cooper, City Attorney c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: .Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: January 30, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for a grant from American Kennel Club (AKC) Reunite. BACKGROUND AKC Reunite has invited the City of Beaumont's Animal Care Division to apply for a grant for a 16 foot by 7.foot two -axle trailer and associated supplies. The trailer would be used at community events at least two-times per year and would also be used to provide shelter and disaster relief to pets and service animals during natural and man-made disasters. FUNDING SOURCE The cost of the trailer is approximately $22,000. The AKC Reunite grant will cover $10,000 and the remaining $12,000 will be raised by the local Beaumont Kennel Club. RECOMMENDATION Approval of resolution. 9 6$ : p J% �l W -I -Al 01w, ir ..Jj 1 2• 1 /rl M 9 6$ : p J% �l W -I -Al AKC REUNITE. The ivay home for lost pets. AKC PET DISASTER RELIEF CANINE SUPPORT AND RELIEF FUND AKC PET DISASTER RELIEF GRANT GUIDELINES AND APPLICATION AKC Reunite, through its Canine Support and Relief Fund, coordinates contributions and funds to donate AKC Pet Disaster Relief Units ("Units'I to qualified organizations and government units and instrumentalities. These Units are intended to be used to provide co -location for the pets and service animals of people evacuating emergency situations, in accordance with the federal PETS Act of 2006. Each Unit comprises a 16 ft. x 7 ft. two -axle trailer with many of the materials necessary to set up an emergency shelter for fifty or more pets and service animals. APPLICATION OVERVIEW: • Applicant must be a 501(c)(3) tax-exempt organization whose mission includes animal -related disaster relief activities, directly related to companion animals and service animals, in accordance with the federal PETS Act of 2006. Alternatively, applicant may be a government unit or instrumentality. • Applicant must work with an American Kennel Club ("AKC' member or licensed club(s) to raise funds for the Unit. • The current typical cost of each Unit is approximately $22,000. Once the sponsoring Local AKC club(s) have raised at least $12,00.0, AKC Reunite will allocate and supplement the additional funding to fully fund the trailer using National donations from AKC Parent Clubs and its own funding. These amounts are subject to change. If your Club or group of Clubs wants exclusive sponsorship of the trailer, a donation of $19,500 is required. All trailers are delivered with AKC Reunite logos and the AKC Pet Disaster Relief masthead. Club and other logos will be featured for funding of $1,000 or greater toward a trailer according to the logo schedule. • After sufficient funds for the purchase of the Unit have been raised, the application has been approved, and AKC Reunite and the recipient organization have entered into an AKC Pet Disaster Relief Unit Agreement, arrangements will made to order and deliver a Unit to the recipient organization. Applications for funding are considered without regard to race, gender, disability, religion, ethnicity, age or sexual orientation. APPLICATION INSTRUCTIONS: • Applications must be in writing on the designated form or in the approximate format provided. Do not remove or omit any of the application's questions. If a question is not applicable to your organization, please answer with N/A. Page 1 of 7 • To apply, submit the following application in a hard -copy format (Sections A, B, C and D) Emailed versions are acceptable in portable document format (PDF) form only. Do not fax the grant application. • Retain one copy of the application for your records. Multiple copies, videotapes or other attachments will not be accepted. • Do not bind the application with staples or folders or put into binders, as we must be able to separate and copy the application. Paper clips and binder clips are permitted. • You will be contacted by telephone or email if there are any discrepancies or concerns regarding the application. • Recipients will receive a Grant Follow Up Form which must be completed and returned in accordance with the AKC Pet Disaster Relief Unit Agreement. Applications can be sent to: Tessa Johnson — Grant Administrator AKC Reunite 8051 Arco Corporate Drive, Suite 200 Raleigh, NC 27617 CSARF@akccar.org phone: 919-816-3980 OTHER REQUIREMENTS 1. Applicant must be a 501(c)(3) tax-exempt organization whose mission includes animal -related disaster relief activities, directly related to companion animals and service animals, in accordance with the federal PETS Act of 2006. Alternatively, an applicant may be a government unit or instrumentality. 2. Applicant must be ready, willing, able, trained and authorized to provide an emergency shelter for pets and service animals displaced due to natural or man-made emergencies or disasters. 3. An AKC member or licensed club must sponsor the application and raise funds to be complemented by funds from AKC Reunite for purposes of purchasing the Unit. 4. Recipient organization must sign the AKC Pet Disaster Relief Unit Agreement prior to receiving the Unit. 5. Recipient organization will take full title, responsibility and liability for the Unit. 6. Recipient organization will securely store the Unit and its contents. 7. Recipient organization must have access to a vehicle capable of transporting the Unit. The typical Unit is a 16ft x 7ft two -axle trailer with up to 10,000 Ib GVW. Truck should be at least 3/4 ton with electric brakes and 10,000 Ib pound hitch. 8. Recipient organization must maintain and display the logos on the Unit as delivered. Each Unit may include the logos of AKC, AKC Reunite, AKC member and licensed club(s) donating at least $1,000 for the purchase of the Unit, and other organizations donating at least $1,000 for the purchase of the Unit, in all cases, in the sole discretion of AKC. No additional logos may be displayed on the Unit unless agreed by AKC in its sole discretion. 9. Recipient organization must pledge to display the Unit at least two times per year within the community, in cooperation with the sponsoring AKC member and licensed club(s), unless the Unit has been recently deployed in a declared emergency. The display should be at a community event such as the local AKC dog show, AKC Responsible Pet Ownership Day event, county or state fair, holiday parade, etc. Page 2 of 7 10. Recipient will be responsible for replenishment of supplies after deployment and use. 11. Recipient will be responsible for carrying necessary insurance for the storage and use of the Unit and equipment. Page 3 of 7 AKC BFUNITEsm The way home for lost pets. CANINE SUPPORT AND RELIEF FUND AKC PET DISASTER RELIEF GRANT APPLICATION Please type or print clearly using -blue or black ink. Please complete all sections. If a section is not applicable to your organization, answer with N/A. Section A: GENERAL INFORMATION 1. Date of Application: 2. Official Name of Organization: 3. Organization Mailing Address: Web Site: Email: 4. Name of Executive Director / Leader: Mailing Address: Email: Phone Number: Phone Number: 5. Primary Grant Application Contact Person (if other than Executive Director): Name: Mailing Address: Email: 6. Your organization's Federal Tax ID# (EIN): Title: Phone Number: Page 4 of 7 7. Your organization's tax-exempt status: 8. Is your organization the subject of material litigation or an investigation that could have a material adverse effect on your organization or your organization's financial status? If so, please explain. 9. Sponsoring AKC Club(s): 10. Primary Club Grant Contact: Mailing Address: Email: Phone Number: 11. Does your organization have an affiliation with an American Kennel Club employee, board member or member or licensed club? If so, please explain. 12. Has your organization received any previous support from The American Kennel Club or AKC Reunite? List the specific year(s) and please explain. 13. Date of organization's inception: 14. Territory or area served: Page 5 of 7 Section B: ORGANIZATION AND PROGRAM DESCRIPTION Please provide the following information regarding your organization. You may use an additional sheet of paper if necessary, but please note that concise answers are appreciated. 1. Please provide a description of your organization, including a statement of programs and recent activities: 2. What are your organization's goals, purpose and mission statement? 3. Please describe other pet -related disaster relief activities and efforts in your community of which your organization is aware. If any exist, do you intend to use the Unit in collaboration with those efforts, and if so, how? 4. Describe generally the level of training your staff/volunteers have with respect to pet emergency/disaster relief. Are your staff/volunteers FEMA certified for deployment in emergency situations? If so, at what levels? 5. Briefly describe the chain of command and who gives/receives deployment orders in your area. 6. What arrangements have you made for secure storage of the Unit and its contents? If so, where will the Unit be stored? 7. Do you have access to a vehicle that is capable of transporting the Unit (3/4 ton or better truck with electric brakes and 10,000 Ib. hitch)? Page 6 of 7 Section C: CERTIFICATION All of the statements I -have made in this application are true and accurate. I have reviewed the AKC Pet Disaster Relief Unit Agreement and will sign the AKC Pet Disaster Relief Unit Agreement prior to our organization receiving the Unit. Signature: Name: Title: Organization: Date: Section D: ATTACHMENTS Please include the following documentation with your application: ❑ Completed W-9, if applicable. ❑ A list of the Members of the Board of Directors or similar governing body, contact phone numbers and their business affiliations. ❑ Proof of 501(c)(3) status, if applicable. Page 7of7 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for funding for the City of Beaumont through the American Kennel Club (AKC) for the American Kennel Club (AKC) Reunite Grant in an amount up to $10,000.00 for a 16' x 7' two -axle trailer and associated supplies to be used to provide shelter and disaster relief to pets and service animals during natural and man-made disasters. 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 30th day of January, 2018. - Mayor Becky Ames - ED BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: January 30, 2018 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Megas Enterprise, Inc. has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.2404 acre of land out of and part of Lot 2, T. H. Langham Subdivision, City of Beaumont. The water line easement is for a retail/commercial development located at 5760 Walden Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Megas Enterprise, Inc. has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.2404 acre of land out of and part of Lot 2, T.H. Langham Subdivision as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the retail/commercial development located at 5760 Walden Road; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) ten foot (10') wide exclusive water line easement conveyed by Megas Enterprise, Inc., being a 0.2404 acre of land out of and part of Lot 2, T.H. Langham Subdivision as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated 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. J PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2018. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, MEGAS ENTERPRISE, INC., of the County of Jefferson, State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across ,those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT 1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2017. GRANTOR: MEGAS ENTERPRISES, INC. By: Printed Name: Steve Megas Title: Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON I X BEFORE ME, the undersigned authority; on this day personally. appeared STEVE MEGAS as VICE PRESIDENT of MEGAS ENTERPRISES, INC., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2017. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 'S EXHOIT "A" 0.2404 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF THE T. H. LANGHAM SUBDIVISION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.2404 acre of land out of and a part of Lot 2, T. H. Langham Subdivision, City of Beaumont, recorded in Volume 1, Page 17, Map Records, Jefferson County, Texas; being part of a (Called 5.1151) acre tract of land described in a deed to Megas Enterprises, Inc., recorded in File No. 9601598 and a (Called 1.152) acre tract of land described in a deed to Megas Enterprises, Inc., recorded in File No. 2003008818, Official Public Records, Jefferson County, Texas; said 0.2404 acre tract being more fully described by metes and bounds as follows, to wit: Note` Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. BEGINNING at a point for corner within the right of way of a dedicated road named Walden Road; said point being the Southeast corner of the (Called 5:1151) acre tract and the Southeast corner of the herein described tract; having a Texas Coordinate of N: 13956907.91, E: 3499679.85; THENCE, South 87 deg., 08 min., 57 sec., West (Called South 89 deg., 10 min., 53 sec., West), on the South line of the (Called 5.115 1) acre tract, a distance of 10.00' to a point for corner; THENCE, North 02 deg., 40 min., 02 sec., West, 10' West of and parallel to the East line of the (Called 5.115 1) acre tract, a distance of 241.29' to a point for corner; THENCE, South 87 deg., 00 min., 50 sec., West, a distance of 433.07' .passing the common line of the (Called 5.1151 and 1.152) acre tracts; continuing for a total distance of 482.11' to a point for corner; THENCE, North 02 deg., 50 min., 29 sec., West, a distance of 41.05' to a point for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 10.00' to a point for corner; THENCE, South 02 deg., 50 min., 29 sec., East, a distance of 31.05' to a point for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 405.00' to a point for corner; THENCE, North 02 deg., 50 min., 29 sec., West, a distance of 30.00' to a point for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 10.00' to a point for corner; THENCE, South 02 deg., 50 min., 29 sec., East, a distance of 30.00' to a point for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 57.14' to a_point for corner; THENCE, North 02 deg., 40 min., 02 sec., West, 10' West of and parallel to the East line of the (Called 5.115 1) acre tract, a distance of 250.78' to a point for corner on- the North line of the (Called 5.115 1) acre tract, same being the South line of a (Called 9.76) acre tract of land described in a deed as Tract One to LaBelle Properties, LTD, recorded in File No. 2007018295, Official Public Records, Jefferson County, Texas; said point for corner being the most Northerly Northwest_ corner of the herein described tract; from which a 1" steel pipe found for a common corner of the (Called 5.1151 and 1.152) acre tracts bears South 87 deg., 08 min., 57 sec., West (Called North 89 deg., 24 min., 00 sec., West), a distance of 434.69'; THENCE, North 87 deg., 08 min., 57 sec., East (Called South 89 deg., 24 min., 00 sec., East), on the common line of the (Called -5.1151 and 9.776) acre tracts, a distance of 10.00' to a %2" steel rod found for the Northeast corner of the (Called 5.1151) acre tract and the Northeast corner of the herein described tract; THENCE, South 02 deg., 40 min., 02 sec., East (Called South 00 deg., 50 min., 03 sec., West), on the East line of the (Called 5.1151) acre tract, a distance of 452.14' (Called 452.07) passing a 5/8" steel rod, capped and marked "WHITELEY", found for reference point; continuing for a total distance of 502.07' to the POINT OF BEGINNING and containing 0.2404 acre of land, more or less. This description is based on the Land Survey made under the direct supervision of Anthony M. Leger, Registered Professional Land Surveyor No 5481 on December 20, 2017. Megas Enterprises, Inc. c/o the City of Beaumont LS -16-0626-E (CALLED 9.776., ACRES) LABELLE PROPERTIES, LTD., TRACT ONE I FOUND 4" F.# 2007018295, O.P.R.J.C. GALVANIZED PIPE FOUND 1" S 87,08,57" W 444.69, STEEL PIPE FOUND 1/2" (CALLED N 8924'00" W 444.93') STEEL ROD .. T� NORTH LINE OF THE 434.69' �U w SCALE: 1' = 100' U J O Cj 50 1 0 ^ 0_' Ld O -i o�l`13� NZOO_ C14 O 2 � Q(nLi U Y v UNE TABLE LINE NO. I BEARING DISTANCE L1 N 02'50'29" W 41.05' L2 N 87'00'50" E 10.00' L3 S 02'50'29" E 31.05' L4 N 02'50'29" W 30.00' L5 N 87'00'50" E 10.00' L6 S 02'50'29" E 30.00' L7 N 87'00'50" E 1 57.14' The undersigned does hereby certify that this survey was this day 12/27/17 made on the ground of the property legally described hereon in accordance the minimum standards of practice promulgated the Texas Board of Professional Land Surveying. survey is certified for this transaction only an transferable to additional institutions or subs L• owners. AN M. LEGER LAND SURVEYOR 1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, (US SURVEY FEET) REFERENCED TO SMARTNET, NA " SOUTH 1/2, LOT 2 N 87'08'57" E 10.00' I 0 C3 S g7 -11-07 W 100.17 (CALLED S 89'24'00" E) w ? (CALLED N 89'22'31" W 100.00') w U w– 40' WIDE UNIMPORVED R.O.W. v n M Q v) 00 I S� VOL. 1, PG. 17, M.R.J.C. I Q 0 N Loq-o7 p,G����G of �n"_>�" OfM� I ,�c�1 S�S! �wF-o� 04 0ZNO �c.0be��9$ I I NQ¢O10_ w� GP�S�N g6Q �G• 31 � o J��o QUj LL:I `A�GP` (� . Q Q N I � Q Li of !_^� 0w En :t -1 vQ L2 L5 0 oro rn o _� ZI — — — _ N 87'00'50" E 405.00'— — J -' L7 w o ----JL-- — — — — — — — — — — — — — — — — — — — — + a S 87'00'50" W 482.11' o N POINT FOR REFERENCE 0.2404 ACRE OF LAND "M® 433.07' FOR (10 WIDE) EXCLUSIVE 04N v EXIST. 10' WATER WATER LINE EASEMENT PURPOSES N I LINE EASEMENT PART OF THE LOT 2 IIIF.# 2013007582 T.H. LANGHAM SUBDIVISION 31 o.P.R.J.c. JEFFERSON COUNTY, TEXAS a FOUND 5/8" STEEL oI 30' D.D. # 6 EASEMENT ROD CAPPED VOL. 894, PG. 375, D.R.J.C.I "WHITLEY" FOR . NY �. .�.t JOINT USAGE AGREEMENT N REFERE 4 CITY OF BEAUMONT & D.D. # 6 o I REFERENCE .............. F.# 1999013879, o.P.R.J.C. z I CALLED 452.07') 54 — — sss10`•'•'oQ------------------ POINT OF S 87'08'57" W 10.00' BEGPOINT FINNING OR CORNER WALDEN ROAD (CALLED S 8910'53" W)N: 13956907.91 NO. 5481 E: 3499679.85 EXHIBIT "B" 16-01 0.2404 ACRE OF LAND e�t OU =MAP '3737 Doctors give FOR (10' WIDE) EXCLUSIVE WATER LINE EASEMENT PURPOSES, 1. Port Arthur, Tums 77642 PART OF LAT 2. T.H.LANGHAM SUBDIVISION, VOL. 1, PAGE 17, RECORDS, JEFFERSON COUNTY. TEXAS TeL409.983.2004 ff SURVEYORS & EN PL.409.983.2005 MEGAS ENTERPRISES, INC. N TJ3PE MRM /9788 souteanuveyorscom WALDEN ROAD At T.xL S. FIRM #10123800 m BEAUMONT, TEXAS 77707 1 5760. Walden Road A 8 A Electric IBdggs Equipment H B Neild 8 Sons--' t s � Quints Inn t . Suites Bealumont Wesl'9 SUBWAYIRRestaurants 51WftRmd Walden Rd — Walden Rd Walden Rd Walden Rd - Walden Rd w -+ Walden Rd Comfort SUltess , _ I ! I i United States Postal Service ®Holiday Inn Hotel & Suites Beaumont -Plaza_ j Menfmak Capitel Corporation (AI ) �J — - -- Fasilane Two Bell Shell Walden Rd � � d Walden Rd IV-111,11p, aldenRd } Besumo Machine Won Pappadeaux d Seafood kitchen B R 5 Wa/den Ra f BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 30, 2018 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment for the Sewer Plant — Clarifiers Rehabilitation Project WORK SESSIONS * Review and discuss the possibility of mowing and picking up litter along the right-of-way of Interstate 10 and Highway 69 through the city limits of Beaumont * Review and discuss a request to place decals with "In God We Trust" on the City's public safety vehicles * Review and discuss the operations of the Code Enforcement Division * Review and discuss the operations of the Beaumont Municipal Transit System and a request for a new bus route to serve the northwest section of the City COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councihnembers/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: City of -Beaumont vs. APAC-Texas, Inc.; Cause No. A-201103 In Re: O1dCastle Materials Texas, Inc. D/B/A Gulf Coast; Cause No. E-200934 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 January 30, 2018 Consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment for the Sewer Plant — Clarifiers Rehabilitation Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: January 30, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment for the Sewer Plant — Clarifiers Rehabilitation Proj ect. I: • Xff1011J01A On October 6, 2015, by Resolution 15-217, City Council awarded a contract to Placo, LTD, of Lumberton in the amount of $3,298,432.31. Previous Change Order Nos. 1-3, resulted in a reduction of ($43,588.97) to the original contract. Change Order No. 4, in the amount of ($19,411.15) is required to adjust estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The project has been inspected by Schaumburg & Polk, Inc. and Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance and final payment in the amount of $168,552.33 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. 16-161 WHEREAS, on October 6, 2015, the City Council of the City of Beaumont, Texas, adopted Resolution No. 15-217 approving the award of a contract to Placo, LTD, of Lumberton, Texas, in the amount of $3,298,432.31 for the Sewer Plant -Clarifiers Rehabilitation Project; and, WHEREAS, on June 7, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-098 approving Change Order No. 1, in the amount of $48,612.20, to furnish and install new scum baffles for two (2) primary clarifier units and delete the coating of the existing scum baffles for two (2) primary clarifier units, thereby increasing the total contract amount to $3,347,044.51; and, WHEREAS, Change Order No. 2, in the amount of ($92,201.17), is necessary to revise the scope of the project to delete the lining of the 36 -inch influent piping; provide grout sealing of Primary Clarifier No. 2 Effluent Trough; allow for the removal and replacement of influent piping to two (2) Sludge Thickener Units; and, extend the contract time by thirty (30) calendar days, thereby decreasing the total contract amount to $3,254,843.34; 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. 2 for the additional work described above, thereby decreasing the contract amount by ($92,201.17) for a total contract amount of $3,254,843.34 for the Sewer Plant -Clarifiers Rehabilitation Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2016. - Mayor Pro Tem Robin Mouton - APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. lyreejj1 DATE:- April 19, 2017 PROJECT- City ofBeaom r4 Tens Wastewater Tmatment Plant- Clarifier ReltaG0itation Projat OWNER: ChyofBcamnor4Texas Sol Mala Sheet Beaumont, Texas 77704 CONTRACTOR: Placo, LTD 11939 Leatherwood Dr Lumberton, Taw 77657 T'O THE OWNER: Approval of the following contact cbapge is requested. Reason for Change: Revise scope of project to provide additional weir replacement in Final Clarifier No. 4. Protide additional coutracrtimo forroge>med min days, from August 2016 to February 2017, and forwdr replacementin Final Clarifier No.4. ORIGINAL CONTRACPAMOUNT. S 3,298,43231 CHANGE ORDERNo. I S 48,612.20 CHANGEORDERNo.2 S (92,201.17) . THIS CHANGE ORDER jlescrip$py; Net Change Provide 170 lhteer feet of Additional PVC WeirReplacmteot for Find Clarifier S 13,197.10 No.4 Reduce Bid Item 14, arcuadwatea Control S (7,137.60) Reduce Bid hem 1 S. Construction Incidentdis. S (6,05930) TOTAL AMOUNT OFTHIS CHANGE ORDER: S 0.00 TOTAL REVISED CONTRACT AMOUNT INCLUUNG TBIS CHANGE ORDERt S 3,754,84334 CONTRACT TAPE Original ContractTimc 360 Chanp Order No. I 60 Change OrderNo.2 56 This Change Order Request Rem Days forAogust2016 thmugb February 2017 above contract allowance 35 This Change Order Request Request for addidonal work far WelrRophuemem in Final ClsrifierNo.4 40 Revised Contract Time per this Change Order SSI CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustmeats in coatrnU price and contract time stipulated In this Change Order repm=ts Hill compensation for all Increases and decreases in tbo costo , and the droc required to pedorm the entire work under the Contract arising directly or Indirectly from tub Change Order and all previous Change Orders. Acceptance of this waiver ceostiades an agreement bdwem Owner and Comacter that the Qtange Order represents an ail Inclusive, mutually agreed upon adjustmem to the Contract, and that Cc== waive all rights to file a claim on this Change Order atter it is Properly executed. - Recommended AppiovcdZ_ t u A by O A:�L_ . h.J,4"dW_ Schatua*Mg&Polk,I= City afBea®out Place, Data.Engineer � D Y- z1.!- SCHAUMBURG & POLK, December 22, 2017 Ms. Amelia Villareal, P.E Water Utilities City of Beaumont 1350 Langham Road Beaumont, Texas 77707 Re: City of Beaumont Jefferson County, Texas Wastewater Treatment Plant — Clarifiers Rehabilitation Project Dear Molly, Please find enclosed the following items • Three (3) partially executed copies of Final Estimate No. 16 for work completed on the above referenced project. • Three (3) partially executed copies. of Change Order No. 4 for final quantity adjustments on the above referenced project. • Affidavit of Bills Paid from PLACID, Ltd. Schaumburg & Polk, Inc. has reviewed the estimate and the work completed. All corrective actions have been completed on the project, and the final project is in substantial accordance with the plans and. specifications. We recommend approval and final payment be made to release project retainage. Please execute and return two (2) copies to our office for distribution. Please make final payment in the amount requested of $168,552.33.00 for work completed directly to Placo, LTD. Sincerely, SCHAUMBURG & POLK, INC. Mark anri, P.E. Vice President Enclosure cc: Ms. Shontele Gallien , City of Beaumont (w/enclosure) Mr. John Plake, III, Placo, LTD File — City of Beaumont — 1106 - Pay Request (w/enclosure) : APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Four 1`41 DATE: December22,2017 PROJECT: City orBeaumon4 Texas Accept i by: Al Wastewater Treatment Plant - Clarifier Rehabilitation Project OWNER: City of Beaumont, Texas Engineer 801 Main Street Cont Beaumont, Texas 77704 COIN'TRACTOR: Placo, LTD 11939 Leatherwood Dr Lumberton, Texas 77657 TO THE OWNER: Approval of the following contract change is requested Reason for Chenge: Reduction in Construction Allowances, Delete Trench Safety, and Delete Pipe TV Inspection. CHANGE ORDER No. l S —48 612:20 CHANGE ORDER No. 2 _S (92,201.17) CHANGE ORDER No. 3 S 0.00 THIS CHANGE ORDER Description: NetChw= Delete 20 LF of Clean and Pre TV Inspection 8" Lines 3 (450,00) Delete 381 LF of Post TV Inspection 8" Lines Delete Special Shoring S (4,800.00) Delete Trench Safety Plan S (1,500.00) Delete 300 LF of Trench Safety System S (3,ODO.OD) Reduce Allowance for Groundwater Control S (1,088.65) TOTAL AMOUNT OF THIS CHANGE ORDER: S (19,411.15) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: S 3,235,43119 CONTRACT TIME Original Contract Time: 360 Change Order No. 1 60 Change Order No. 2 56 Change Order No. 3 75 Revised Contract Time 551 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order atter it is properly executed Recommended by: Approved by: Accept i by: Al Schaumburg & Polk, Inc. City of Beaumont PlacoIF� Engineer Owner Cont Date: Date: Date. -2, 7 PLACO, LTD. P. O. BOX 8120 LUMBERTON, TX 77657 (409) 755-3878 fax (409) 755-3667 Bill To: City of Beaumont P. O. Box 3827 Beaumont, TX 77704 Invoice No. 12456 project Wastewater Treatment Plant Proposed Clarifier Rehabilitation Original Contract Amt: 3,298,432.31 Change Order No. 1 3,347,044.51 Change Order No. 2 3,254,843.34 Change Order No. 3 3,254,843.34 Change Order No, 4 3,235,432.19 Estimate No. 16 Date:' 7/3112017 FINAL e 7 of 4 12456 Item No. Description Eat Quantity Unit Unit Pike 4ty or % compete Prev. Psilods Amount Complete From Prevlow Period• Quantity or Percent Comphta-This Period Amount Comptek- Quantity or Percent ThlrPeriod complete -to -Daft Total.Canplare-to- Date 1 Mobilization 1 LS 100,000.00_ 100% 100,000.00 0% 100% 100000.00 2A Rehabilitate Two Primary Clarifier Units 1 LS 811,452.47 100.0% 811,462.47 0.0% 100°A 811.452.47 3A Rehabilitate Two 2 Final Clarifier Units 1 LS 821 062.62 100.0% 821,062.62. 0.0% 100% 821,062:62 4 1 Line B 8 N - Rehabilitate 36" dia Concrete Yard 600 LF 218.00 DELETE CO 2 Piping by C.I.P.P. 5 Clean and Televise (Pre-Conso EAmli 36' Lines 600 ' LF 24.00" DELETE CO 2 5 Clean and Televise Pre -Const Existing 8' Lines 361 LF 22.50 361 8,122.50 0 .361 8.12250 7 Televise Post -Const Existing 36" Lines 6D0 LF 17.00 DELETE -CO -2 8 Televise Post -Const 8" Lines 381 LF 2250 DELETE CO 4 9 Special Shoring 1 LS : 4,800:00 DELETE CO 4 10 Trench Safety Plan 1 LS 1,500.00 DELETE CO 4 11 Trench Safety System 300 .'LF 10.00 DELETE CO 4 12Bypass Pumping 1 18 835 000.00 100.0% 835,0W.00 0% 100.0% 835;000.00 13 Rehabilitate Primary Clarifier No. 2 8 3 Effluent 1020 LF .290.00 1020.00 295,800.00- 0 1020 295,800.00 Launders - 14 Allowance - Groundwater Control 1 LS 20,000.00 58.90A 11 773.75 41.1% 8,226.25 100.0% 20,000.00 15 Allowance - Construction Incidentals 1 -LS 25,1100.00 100.00% 1 25 000.00 0.00% 100.009'0 25,000.00' 12/22/2017INVOICE ESTIMATE City of Beaumont Est 16 RTN.xls Estimate No. 16 Date: 7131/2017 FINAL Patie 2 of 4 12456 Item No. Description Est. Quantity Un& unit Price Qty or % Compete Prev. Periods Amount Complete From Previous Periods Quantity or percent Amount ComplaW om Cplate-This- ThkHod Period Quan or Peremi �� WAD-DaW Total Comphia-ta Dde 1 Mobilization 1 LS 100,000.00 a Performance Bond 1 LS 24,000.00. 100% 24,000.00 0% - 100% 24,000.00 b Payment Bond 1 LS 24,000.00 100% 24,000.00 0% 100% 24;000.00 C Insurance 1 LS 17,000.00 100% 17,000.00 0% 100% 17 000.00 d Field Office 1 LS 35,000.00 100% 35,000.00. 0% - 100% 35,000.00 Total Complete Item No. 1 100% 100,000.00 2A Rehabllitate'Tvvo; 2 Primaq Clarifier Units 1 LS 811,45247 a Rmv & Rep] Entire Existing Clarifier Mechanisms . 1 of 2 'EA 333,826.00. 100.0% 333 826.00 0.0% - 100% 333,826.00 a Rmv & Reol Entire F)dsUng Clarifier Mechanisms 2 of 2 EA 333,826.00 100.(W. 333,826.00 0.0% = _ 100% 333,826.00 b New'Electrical Conduits & Conductors, Control 1 LS 65,000.47 100.0°% 65,000.47 0.0°% - 100°% 65,000.47 Panels, Disconnects, Light Poles/Rdures, Connection to E)qsrmg MCC c Rmv & Reinstall Existing'Weir Plates: incl leveling, 980 LF 30,00 980 29,400.00 0.0 - 980 29,400.00 seal dasket mat; anchor bolts as rdqulred for 12" Spacing r each cWffier d Rrnv & Reinstall E dstin .Scum Baffle ind surface 980 LF 30.00 980 29,400.00 0.0 - 980 29,400.00 ere _ & :coating system, leveling & new anchor bolt e Drain & Clean Units on plans incl, ressune washin 2 EA 5,000.00 2 10,000.00 0 - 2 10,000.00 and disposal of sludge and debris - f . Construct 3' x 3' Glavani7Ad:Steei Platform incl 1 EA 10 000.00 1 10,000.00 0 - 1 10,000.00 Aluminum Handrail' Total complete item No. 2A 811,45247 100% 811 452.47 3A Final Clarifier Rehabilitation 1 LS . 621,062.62 a Rmv & Re I Entire E)ftbng Clarifier Mechanisms 1 of 2 EA 358,331.D0 100% 358.331.00 0.0% - 100°% 358,331.00 a Rmv & Re I Entire E)dtUhgCWfiett Meehaoisms 2 of2 EA" 358,331.00 100°% 358,331.00 0% - 100% 358,331.00 b New Electrical Conduits & Conductors, Control 1, IS 65,000.62 100° 65,000.62 `0% 100% 65,000:62 Panel's. Disconnects htPoW&Fixtures; Connection to Existing MCC c Rmv'& Reinstall Existing Weir Plates ind leveling, 980- LF 30.00 980 29 400.00 0.0 980 29,400.00 seal gasket mat, anchor bolts (pereach clarifier e Drain & Clean.Units on Olarts Ind pressure vmshiri 2 EA 5,000.00 2 10,000.00 0 2 10,000.00, and dis 1 of sludge and debris Total Complete Iters No. 3821,082.82 100% 821,062-62 Estimate No. 16 Date: 7/3112017 FINAL Page 3 of 4 12456 RomNo. Description Est � � Unit Unit Price GYy or % CompetePrev. Periods Amount Complete From Previous Periods Quar ty or Percent Amount Com Complete This This -Period Period Quantky or. PeroentCom to-0ade Total Cort�pfete-to- �� 12 Bypass Pumping 1 LS 835,000.00, a Pftm Clafifferl3ypass Lines 1 LS 165.000.00 100% 165,000.00 0% 100% 165,000.00 b Connection to Exisfing Pump Discharge 1 LS 40,000.00 100% 40,000.00 0%0 - 1000/0 40,000.00 C All Ternporary Fittings, Caps, Plugs for Primary 1 LS 25,000.00' 100% 25,000.00. 0% 100% 25,000.00 d Final Clarifier Bypass Lines 1 IS 165,000.00 1000/0 165,000.00 I)% - 1004'0 165,000.00 e Final Clarifier Bypass Pump Setup, Ind all Fuel, 1 LS 410 000.00 100% 410,000.00 0% 100% 410,000.00 Controls, Manpower, Materials f All Tem orary Fitlings. Caps. Plugs for Final _ 1 LS 30,000.00. 100% 30.000.00 0% 100% 30,000.00 Total Complete Item No. 10 100.0% M,000.00 Estimate No. 16 Date: 7/31/2017 FINAL 3,118,483.56 Paqe4of4 12456 Item No. Description Est Quantity unit unit Price Qty or % compete This-Prev. Periods Arnount complete From Previous Periods Quantity or Percent PeAod Amount Com ete- Complete- Wa4lertod CamPietwto-Date Dab 16 Prima .Clarifier Distribution Box 4 EA 21;516.35 4 86,065.40 0.0000. 4 86,065.40 Reduce Bid Item 2 to delete coating of existing 1 LS -13520.00 100% (13,520.00) 0010 - 100% 17 1 Final Clarifier Distribution Box 4 EA 21,818.33 4 87,273.32 0.0000 4 87,273.32 Change Order No. Two (2) - Delete Items 4, 5, & 7 Above 27 Replace Wiers 450 LF 77.63 450 34,933.50 0 450 34,933.50 Clarifier No. 2 Effluent Trough Total Work - Original Contract 3,118,483.56 8,226.25 3,124,709.81 Change Order No. One (1) Furnish & Install 1 LS 62132.20 100% 62,132.20 0.0% - 100% 62,132.20 New Hot Dipped Gal. Scum Baffles Reduce Bid Item 2 to delete coating of existing 1 LS -13520.00 100% (13,520.00) 0010 - 100% (13,520.00) Scum Baffles for 2 Primary Clarifier Units Change Order No. Two (2) - Delete Items 4, 5, & 7 Above Chemical Grout Sealing 275 LF of Primary 1 L5 34140.63 100% 34,140.63 0% - 100% 34,140.63 Clarifier No. 2 Effluent Trough Rmv & Replace influent piping to two (2) 1 LS 29058.20 100% 29,058.20 0% - 100°% 29,05820 Sludge Thickener Units, incl all piping,piipe supports, painting, labor and materials Change Order No. Three (3) Additional PVC Weir Replacement for Final 170 LF 77.63 170 13,197.10 0 - 170 13,197.10 Clarifier Reduce Bid Item 14, Groundwater Control 1 LS 7137.60 100% (7,137.60) 0% - 100% (7,137.60) Reduce Bid Rom 15, Contruction Incidentals 1 LS -6059.50 100% (6,059.50) ODA - 100% (6,059.50) Change Order No. Four (4) Reduce Bid Item 14, Groundwater Control 1 LS -1088.65 OOA 100% (1,088.65) 100% (1,088.65) Total Work & Material on Hand 3228294.59 7137.60 3235432.19 Retainage 50A 161414.73 161414.73 161771.61 Less: Previous Estimates 3066879.86 3066879.86 Amount Due This Estimate 0.00 168552.33 1685521-33 Approval. 7 121=0171NVOICE ESTIMATE City of Beaumont Est 16 RTN.xIs RESOLUTION NO. WHEREAS, on October 6, 2015, the City Council of the City of Beaumont, Texas, adopted Resolution No. 15-217 approving the award of a contract to Placo, LTD, of Lumberton, Texas, in the amount of $3,298,432.31 for the Sewer Plant -Clarifiers Rehabilitation Project; and, WHEREAS, on June 7, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-098 approving Change Order No. 1, in the amount of $48,612.20, to furnish and install new scum baffles for two (2) primary clarifier units and delete the coating of the existing scum baffles for two (2) primary clarifier units, thereby increasing the total contract amount to $3,347,044.51; and, WHEREAS, on September 6, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-161 approving Change Order No. 2, in the amount of ($92,201.17), to revise the scope of the project to delete the lining of the 36 -inch influent piping; provide grout sealing of Primary Clarifier No. 2 Effluent Trough; allow for the removal and replacement of influent piping to two (2) Sludge Thickener Units; and, extend the contract time by thirty (30) calendar days, thereby decreasing the total contract amount to $3,254,843.34; and, WHEREAS, on April 24, 2017, the.City Manager executed Change Order No. 3, in the amount of $0.00, to revise the scope of the project to provide additional weir replacement in Final Clarifier No. 4; provide additional contract time for requested rain days; and, for weir replacement in Final Clarifier No. 4, thereby having no effect on the total contract amount of $3,254,843.34; and, WHEREAS, Change Order No. 4, in the amount of ($19,411.15) is required to adjust estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $3,235,432.19; and, WHEREAS, the project has been inspected by Schaumburg & Polk, Inc. and the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4 for additional work , described above, thereby decreasing the contract amount by ($19,411.15) for a total contract amount of $3,235,432.19 for the Sewer Plant -Clarifiers Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the Sewer Plant -Clarifiers Rehabilitation Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $168,522.33 to Placo, LTD, of Lumberton, Texas. 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 30th day of January, 2018. - Mayor Becky Ames - WORK SESSION Review and discuss the possibility of mowing and picking up litter along the right-of-way of Interstate 10 and Highway 69 through the city limits of Beaumont WORK SESSION Review and discuss a request to place decals with "In God We Trust" on the City's public safety vehicles WORK SESSION * Review and discuss the operations of the Code Enforcement Division WORK SESSION Review and discuss the operations of the Beaumont Municipal Transit System and a request for a new bus route to serve the northwest section of the City