ORANGE ECONOMIC DEVELOPMENT CORPORATION AGENDA. December 13, :30 A.M.

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1 ORANGE ECONOMIC DEVELOPMENT CORPORATION AGENDA Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas December 13, :30 A.M. 1. CALL TO ORDER President Mortimer 2. MOTION a) Motion finding that the advance posting and notice requirements of Article of the Code of Ordinances of the City of Orange, Texas have been met in relation to all minutes and pending resolutions on this agenda and that the reading of such items be confined to the caption of the resolutions. 1 Directors 3. APPROVAL OF MINUTES a) November 8, 2016 Economic Development Corporation Meeting 3 Directors 4. PUBLIC HEARING a) Conduct a public hearing for the purpose of receiving comments regarding financial incentives for WaterTree Orange related to infrastructure improvements at 3720 N. 16 th Street, Suite A, in an amount not to exceed $22,500 for the purpose of economic development. 6 Staff: Trahan 5. DISCUSSION/ACTION a) Consider a motion of intent for the expenditure of funds for infrastructure improvements at WaterTree Orange, 3720 N. 16 th Street, Suite A, Orange, Texas, in an amount not to exceed $22,500 for the purpose of economic development. 7 Staff: Trahan b) Consider a motion approving the request by International Paper, as part of the Chapter 380 Agreement, to make one payment for Property Tax by January 31 and push back the second payment of sales tax to the City by one month. The City will receive the exact amount specified that is part of the 380 Agreement as noted in the Exhibit A Payment Schedule. 8 Staff: Trahan c) Consider a motion amending the contract between Excavation & Construction, LLC and the City of Orange, Texas as per the attached Change Order No. 1, increasing the contract price to $483,527.14; the City Manager is hereby authorized to sign said Change Order No. 1 on behalf of the Orange Economic Development Corporation. 20 Staff: Trahan/Wolf City of Orange Economic Development Corporation December 13, 2016 Page 1 of 27

2 6. REPORTS FROM DIRECTORS Directors 7. ADJOURNMENT Texas Penal Code 30.06: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun De conformidad con la Sección del código penal (entrada de persona con licencia de portar o llevar armas de mano oculta), una persona licenciada bajo el subcapítulo H, capítulo 411 del código de gobierno (ley de licenciación para portar o llevar armas de mano) no se permite entrar en esta propiedad con ninguna armas de mano oculta Texas Penal Code 30.07: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly De conformidad con la Sección del código penal (entrada de una persona con licencia de portar o llevar armas de mano visible), una persona licenciada bajo el subcapítulo H, capítulo 411 del código de gobierno (ley de licenciación para portar o llevar armas de mano visible) no se permite entrar en esta propiedad con ninguna armas de mano visible No Firearms Allowed No se permite ninguna armas de fuego City of Orange Economic Development Corporation December 13, 2016 Page 2 of 27

3 STATE OF TEXAS } COUNTY OF ORANGE } November 8, 2016 BE IT REMEMBERED THAT a meeting of the Orange Economic Development Corporation of the City of Orange, Orange County, Texas, was held in the Library Auditorium on Tuesday, November 8, EDC MEMBERS PRESENT: George Mortimer President Dean Granger Vice-President Ebb Moore Treasurer Jimmy Sims Director Bill Mello Director Larry Spears Jr. Director DIRECTORS ABSENT: None COUNCIL MEMBERS PRESENT: Patrick A. Pullen Council Member (arrived 8:36 A.M.) Dr. Wayne Guidry Council Member Essie Bellfield Council Member (arrived 9:00 A.M.) Annette Pernell Council Member (arrived 8:53 A.M.) COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Jay Trahan Assistant City Manager, Director of Economic Development Patricia Anderson Deputy City Secretary Cheryl Zeto Director of Finance Kelvin Knauf Director of Planning and Community Development Sherry Jackson Accounting Manager John Cash Smith City Attorney President Mortimer called the meeting to order at 8:30 A.M. MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OF ARTICLE OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVE BEEN MET IN RELATION TO ALL MINUTES AND PENDING RESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINED TO THE CAPTION OF THE RESOLUTIONS Director Spears moved to approve the motion. Second to the motion was made by Treasurer Moore which carried unanimously. Page 3 of 27

4 Orange Economic Development Corporation 2 November 8, 2016 APPROVAL OF MINUTES Vice-President Granger moved to approve the minutes of the September 27, 2016 Orange Economic Development Corporation Meeting. Second to the motion was made by Director Spears which carried unanimously. DISCUSSION/ACTION MOTION ACKNOWLEDGING RECEIPT OF THE ORANGE ECONOMIC DEVELOPMENT CORPORATION FINANCIAL REPORT FOR THE QUARTER ENDING SEPTEMBER 30, Director Mello moved to approve the motion. Second to the motion was made by Treasurer Moore which carried unanimously. MOTION ACKNOWLEDGING RECEIPT OF THE ORANGE ECONOMIC DEVELOPMENT CORPORATION INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 30, Director Mello moved to approve the motion. Second to the motion was made by Vice-President Granger which carried unanimously. REPORTS FROM DIRECTORS There were no reports. ADJOURN TO CLOSED EXECUTIVE SESSION a) Deliberation Regarding Economic Development Negotiations: (1) Deliberation regarding real estate development project proposal as authorized by Section of the Texas Government Code. The Corporation met in closed executive session at 8:36 A.M. Council Member Pullen arrived at 8:36 A.M. Council Member Pernell arrived at 8:53 A.M. Council Member Bellfield arrived at 9:00 A.M. RECONVENE IN OPEN SESSION The Corporation reconvened in open session at 9:09 A.M. TAKE ACTION AS NECESSARY REGARDING ITEM 6 a (1) ABOVE. Page 4 of 27

5 Orange Economic Development Corporation 3 November 8, 2016 No action was taken. ADJOURNMENT There being no further business before the Corporation, Vice-President Granger moved to adjourn the meeting. Second to the motion was made by Treasurer Moore which carried unanimously. The meeting adjourned at 9:10 A.M. ATTEST: George Mortimer, President Dean Granger, Vice-President Page 5 of 27

6 NOTICE OF PUBLIC HEARING The Orange Economic Development Corporation (EDC) will conduct a public hearing Tuesday, December 13, 2016 at 8:30 a.m. at the Orange Public Library Auditorium, 220 N. Fifth Street, Orange, Texas for the purpose of receiving comments regarding financial incentives for WaterTree Orange related to infrastructure improvements at 3720 N 16 th Street, Suite A, in an amount not to exceed $22,500 for the purpose of economic development. George Mortimer, President Orange Economic Development Corporation Legal Ad Publish December 7, 2016 Page 6 of 27

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20 MOTION Motion amending the contract between Excavation & Construction, LLC and the City of Orange, Texas as per the attached Change Order No.1, increasing the contract price to $483,527.14; the City Manager is hereby authorized to sign said Change Order No. 1 on behalf of the Orange Economic Development Corporation. George Mortimer, President ATTEST: Dean Granger, Vice President December 13, 2016 Page 20 of 27

21 DEPARTMENT OF PUBLIC WORKS MEMORANDUM November 15, 2016 To: From: Re: Dr. Shawn Oubre, City Manager Jay Trahan, Director of Economic Development James B. Wolf, Public Works Director Allie Payne Water & Sewer Extension Excavation & Construction, LLC Change Order No. 1 Please find attached Fittz & Shipman's copy of Change Order No. 1 for the referenced project. This change order will add 70 feet of 6" boring so that quantities will match the construction plans and also adds 300 additional feet of dewatering by wellpoint which has been determined to be necessary to get more of the trench excavation dry enough to install deep sewer lines. This change order adds $8,625 to the total contract amount. The revised contract price with E. D. C. and Council approval is $483, If you agree please place on the next agendas. Page 21 of 27

22 Fittz^Shipman INC. Consulting Engineers and Land Surveyors Ronald D. Fittz, P.E., R.P.L.S. ( ) Terry G. Shipman, P.E., Senior Consultant Billy J. Smith, Jr., President Daniel A. Dotson, P.E., Vice-President Donald R. King, P.E. Ben D. Tristan, P.E. Jason R. Davis, P.E. Mitchell L Brackin, R.P.LS. November 4, 2016 Mr. Jim Wolf P.E. Director of Public Works City of Orange 303 N. 8th Street Orange, Texas RE: Allie Payne Water & Sewer Extension Pay Request No. 1 FS Proj. No Dear Mr. Trahan, Attached are 3 copies of pay Request No. 1 (9/30/16 updated 10/15/16) from Excavation & Construction LLC for the above referenced project, F&S Project It is our evaluation that the amount of work performed matches the amount indicated on the invoicing. Work completed to date with no materials on hand totals $111, from which we recommend holding a 10% retainage in the amount of $11, until the entire project is complete, for a recommended payment amount of $100, for the attached invoice. We are recommending approval of Change Order No. 1 along with this Pay Request. Change Order No. 1 adds 70 feet of 6" boring so that quantities will match the construction plans and also adds 300 additional feet of dewatering by wellpoint which has been determined to be necessary to get more of the trench excavation dry enough to install deep sewer lines. This change order adds $8,625 to the total contract amount At this time recommended this Payment No. 1 for the project in the amount of $ The 10% retainage should be held by the City until we have the final walk thru with representatives of the City of Orange. Once the project is complete and the walk thru has been made and the City of Orange accepts and approves the work, we will recommend release of the retainage as final payment for the project. If you would like to discuss this invoice or any other issues, please feel free to contact me. Sincerely, FITTZ & SHIPMAN, INC. Donald R. King; P.E For the Firm PAY01 cc: Excavation & Construction, LLC, Jim Wolf PE, Orange Public Works 1405 Cornerstone Court - Beaumont, Texas (409) fax (409) Tx Board of Prof Engineers Firm No. F Tx Board of Prof Land Surveyors Firm No Page 22 of 27

23 CHANGE ORDER No. 1 (Instructions on reverse side) DATE OF ISSUANCE PROJECT Aliie Payne Water & Sewer Extension, White Oak Rd to 1,600 ft. West 11/04/16 EFFECTIVE DATE 11/04/16 City of Orange OWNER OWNER'S Contract No. Allie Payne Water & Sewer Extension, White Oak Rd to 1,600 ft. West (FS 15098) CONTRACTOR Excavation & Construction. LLC ENGINEER Fittz & Shipman, Inc. You are directed to make the following changes in the Contract Documents. Description: Additional Quantity for Force Main Bore Additional Quantity for Dewatering by Wellpoint Reason for Change Order: Item was not required or performed. CHANGE IN CONTRACT TIME CHANGE IN CONTRACT PRICE Original Contract Times Substantial Completion: Ready for final payment: Original Contract Price $ 472, (Base Bid) days or dates Net changes from previous Change Orders No._0_ to No. 0 0 Net changes from previous Change Orders No..0_ to No. 0 $0.00 days Contract Times prior to this Change Order Substantial Completion: Ready for final payment: Contract Price prior to this Change Order $ 472, days or dates Net Increase (decrease) of this Change Order $11, Net Increase (decrease) of this Change Order 0 days Contract Price with all approved Change Orders $ Contract Times with all approved Change Orders Substantial Completion: 1 20 Ready for final payment: , days or dates. RECOMMENDED: Fittz & Shipman, Inc. By: Y'ytJ/L****-f f-^/)^^ APPROVED: City of Orange By: CfZ^~^ By: Owner (Authorized Signature) Engineer (Authorized Si Date: ACCEPTED* Excavation & Construction LLC Date: EJCDC No B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America. Page 23 of 27 ^ Contractor (Authorized Signature)

24 CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into subsequent Change Order if they affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the items involved and attachments based upon documents and proposals submitted by Contractor, or request from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by the Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. Page 24 of 27

25 Summary of Changes Change Order No. 1 Allie Payne Water & Sewer Extension, White Oak Rd to 1,600 ft. West City of Orange, Texas A. Additional Quantity for Force Main Boring Item 3 HDD Bore 6" HOPE Line Adjust Linear Feet to Match Contr plans 70 LF@ $40.53 $2, B. Additional Quantity for Force Main Boring Adjust Linear Feet due to high ground water conditions Item 10 Dewatering by Wellpoint system 300 LF@ $28.75 $8, TOTAL CONTRACT CHANGE $11, Page 25 of 27

26 MOTION Motion of intent to expend funds for the extension of water and sewer lines (1,725 linear feet), and a lift station at W. Allie Payne Road, Orange, Texas, in an amount not to exceed $658, for the purpose of economic development. ATTEST: Dean Granger, Vice President June 9, 2015 Page 26 of 27

27 A RESOLUTION AWARDING A CONTRACT TO EXCAVATION & CONSTRUCTION, LLC IN THE AMOUNT OF $472, FOR THE ALLIE PAYNE WATER & SEWER IMPROVEMENTS, WHITE OAK ROAD TO 1,600 FEET WEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS: That a contract be awarded to Excavation & Construction, LLC for water and sewer line improvements on Allie Payne Road in the amount of FOUR HUNDRED SEVENTY- TWO THOUSAND SIXTY-FIVE DOLLARS AND 04/100 ($472,065.04). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute said contract with Excavation & Construction, LLC. PASSED, APPROVED and ADOPTED on this the 28th day of June Jimm^tffis, Mayof ATTEST: ia Haskins, City Secretary APPI City Attorney FORM 1295 ACKNOWLEDGMENT NO. 2a2/b "" fr ' / ^ ' Page 27 of 27