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HomeMy WebLinkAboutPACKET MAY 19 2009 RICH WITH OPPORTUNITY BEA,[1M10N* T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 19, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Mel Wright would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 19, 2009 and expire May 18, 2010. (Mayor Becky Ames) Mel Wright would be appointed as Chairman to the Ad Hoc Committee for Recycling. The term would commence May 19, 2009 and expire May 18, 2010. (Mayor Becky Ames) Chrystal Lynn Carter will fill the unexpired term of George Jackson on the Parks and Recreation Advisory Committee. The term would commence May 19, 2009 and expire March 20, 2010. (Councilmember Nancy Beaulieu) A) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project for"extra work" B) Authorize the City Manager and Chief of Police to execute a Memorandum of Agreement between the Beaumont Police Department and ATF Task Force C) Authorize the acceptance of a water line easement to provide access for fire protection services at the new Dollar General Store located at 10 N. l I,, Street D) Authorize the acceptance of a water line easement for the Social Security Administration building located at 8455 Dishman Road E) Authorize the acceptance of two(2)water fine easements to provide access for fire protection services to All Saints Episcopal School property I A RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: May 19, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project amount by $15,409.68. The proposed changes to the contract will rehabilitate approximately 384 linear feet of 8-inch sanitary sewer lines, remove and replace one manhole, clean and televise 384 linear feet of existing lines, post televise 384 linear feet of rehabilitated lines, replace one short side service connection, and increase the contract time by 20 calendar days to a total of 295 calendar days. The proposed extra work will represent an increase of 3.59%, bringing the total contract amount increase to 20.25%. The proposed extra work is for the area between West Caldwood and Central Caldwood. BACKGROUND The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the State. Previous actions include: Resolution 07-304 in the amount of$429,796.02 was passed by City Council on October 2, 2007. Resolution 09-107 in the amount of$71,612.80 was passed by City Council on April 21, 2009. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project May 19, 2009 Page 2 of 2 BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE Change Order No.2 Date:April 28,2009 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: Allco,Ltd. P.O.Box 3684 Beaumont,TX 77704-3684 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for"extra work"performed by the Contractor to rehabilitate approximately 384 linear feet of 8-inch sanitary sewer lines,remove and replace one manhole, clean and televise 384 linear feet of existing lines,post televise 384 linear feet of rehabilitated lines,replace one short side service connection,and increase the contract time 20 calendar days for a total of 295 calendar days. ORIGINAL CONTRACT AMOUNT $429,796.02. THIS CHANGE ORDER: Description Net Change Rehabilitate 384 linear feet of 8-inch sanitary sewer lines. 12,672. Remove and replace one manhole. 2,345. Clean and televise 384 linear feet of existing lines. $ 3.84 Post televise 384 linear feet of the rehabilitated lines. $ 3.84 Replace one short side service connection. 385. TOTAL AMOUNT OF THIS CHANGE ORDER: $ 15,409.68 TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: $71,612.80. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $516,818.50. 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 Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver 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 after it is properly executed." Recommended By: Approved By: Accepted By: Dr. Hani Tohme,P.E. City of Beaumont Allco,Ltd. Water Utilities Director Owner Contractor Date: Date: Date: RESOLUTION NO. WHEREAS, on October 2, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-304 awarding a contract in the amount of$429,796.02 to Allco, Ltd., Beaumont, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract - XIII Project; and, WHEREAS, Change Order No. 1 in the amount of $71,612.80 was required for "extra work"to rehabilitate approximately 240 linear feet of 6-inch and 1,150 linear feet of 8-inch sanitary sewer lines, remove and replace four manholes, clean and televise 1,390 linear feet of existing lines, post televise 1,390 linear feet of rehabilitated lines, furnish and install two end of line cleanouts, replace 30 short side service connections and increase the contract time by 155 calendar days for the area between Fieldwood and Ebonwood Lane from Edson Drive to Bandera Drive, thereby increasing the contract amount to $501,408.82; and WHEREAS, Change Order No. 2 in the amount of$15,409.68 is required for"extra work" to rehabilitate approximately 384 linear feet of 8-inch sanitary sewer lines, remove and replace one manhole, clean and televise 384 linear feet of existing lines, post televise 384 linear feet of rehabilitated lines, replace one short side service connection, and increase the contract time by 20 calendar days to a total of 295 calendar days, thereby increasing the contract amount to $516,818.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute Change Order No. 2 for "extra work"described above in the amount of$15,409.68, thereby increasing the contract amount to $516,818.50. PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 19th day of May, 2009. - Mayor Becky Ames - B RICH WITH OPPORTUNITY I T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: May 19, 2009 REQUESTED ACTION: Consider a Resolution authorizing the City Manager and Chief of Police to execute a Memorandum of Agreement between the Beaumont Police Department and ATF Task Force. RECOMMENDATION Administration recommends approval. BACKGROUND The attached Memorandum of Agreement between the Beaumont Police Department and the ATF Task Force is for the purpose of reimbursement of overtime salary costs and other costs, including but not limited to travel, fuel, training, and equipment, incurred by the Beaumont Police Department in providing resources to assist Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager and Chief of Police be and they are hereby authorized to execute a Memorandum of Agreement between the Beaumont Police Department and the ATF Task Force for reimbursement of costs incurred by the Beaumont Police Department in providing assistance to the ATF Task Force. Said Memorandum of Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of May, 2009. - Mayor Becky Ames - U.S. Department of Justice Bureau of Alcohol,Tobacco Firearms and Explosives Wuh*tcm,M 2= WWW-Vf9W MEMORANDUM OF AGREEMENT Between the Durcau of Alcohol,Tobacco,Firearms and Explosives And Deaumoni police Departineut for Rehnbursement of Overdfine salary Costs Associated with ATF TASK FORCE This Memorandum of Agreement(MO* MOA)is entered into by_the Bureau of Alcohol,Tobacco, Firearms and Explosives (ATF) and-the Beaumont Police Department for the.purpose of reimburserent of overtime salary costs and other costs,with prior ATF approval,including but not limited to travel, fuel,training,and equipment, incurred by the Beaumont police Department in providing resources to assist ATF. Payments maybe made to'the extent they are included in ATF's Distal'Year.plan and the momes are available to satisfy the requests(s)'for reimbursable overtime expenses. X. DURATION QF TMS MEMORANDuM'OF AGREEMENT This MOA is effective with the signatures of all parties and terminates at the close of business On September 30,2013,subject to Section'V]I of the MOA: Il. AU %ORITY This MOA is established.pursuant to the following. owirtg provisions: L. Title 28,U.S.C., Section 524(c),the Department of Justice Assets porfciture Fund, which provides for the reimbursement of certain expenses of local, county,or State 1a�v enforcement agencies incurred as•participants in joint operations/task forces with a ]Department of the justice laiv enf'orceuaent agency. EXHIBIT "A" 2• Departments of Commerce,Justice, and State,the Judiciary,and Related Agencies Appropriations Bill,which provides for the reimburserrlent of overtime salary costs of local, county,or State law enforcement agencies incurred while assisting ATF in joint law enforcement operations. I Title 31 U.S.C.„Section 9703, the Treasury Forfeiture Fund Act of 1992,which provides for the reimbursement of certain expenses of local,county, or State law enforcement agencies incurred as participants in joint operations/task forces with a Federal law enforcement agency. If available,the finding for fiscal year 2009,2010,241 1.,2012 and 2013 is contingent upon annual appropriation laws, Title 28,U.S.C., Section 524(c),.annual appropriations, and Title. 31,U.S.C.,Section 332, If available, funding allocations for reimbursement of expenses will be transmitted through,a separate document. This Memorandum of Agreement(MOA)is not a funding allocation document. JIT. PURPOSE OF THIS MEMORANDUM OF AGREEMENT This MOA establishes the procedures and responsibilities of both the Beaumont Police Department and ATF for the reimbursement of certain overtime and'other pre-approved expenses incurred pursuant to the authority.in Section 11, TV. NAriiE OF JOINT OPEItATIONlTASk FORCE (if applicable) The name of this joint operation/task force:ATF TASK FORCE V. • CONDITIONS AND PROCEDURIES A. The Beaumont Police]Department shall assign officer(s)to assist ATF in investigations of Federal,state, and local laws. To the maximum extent possible, the Officer(s)will be assigned on a dedicated,rather than rotational basis. The Beaumont Police Department shall provide ATF with the name(s),title(s),and employee identification number(s) of the officers) assigned to the investigation. B The Beaumont Police Department shall provide ATF,within 10 days of the signing of this MOA,with a contact•name, title,telephone number and address, The Beaumont Police Departm=t shall also provide the name of the official responsible for providing audit information under paragraph VI of this MOA, and the name of the official authorized to submit an invoice to ATF under E. 2 i C. The'Beaumont Police Department shall provide ATF,.within ten (10) calendar days of the signing of this agreement,with the financial institution where the law enforcement agency wants,the Electronic Funds Tr4a sfer(EFT)payment deposited for reimbursement. The mechanism for this is the SF 3881,ACH Vendor/Miscellaneous Payment Enrollment Form,which is Attachmmt A. When completed,forward this*form to.the ATTN: Special Agcnt in Charge,Asset Forfeiture&Seized Property Branch,Bureau of Alcohol,Tobacco,Firearms and Explosives,Mail Stop 3N-600,99 New York Ave,NE,Washington, DC 20226. D. The Beaumonnt Police Department may request reimbursement for payment of overtime expenses and other costs with prior ATF approval,-including but not limited to travel,fuel,t raining, a:ad equipment, directly related to work performed by its officer(s)assigned as members of a joint operation/task force with ATF for the purpose of conducting an official investigation. E. Invoices submitted to ATF for the payment of expenses must be submitted on the appropriate forms as provided by ATF. The invoice shall be signed by.an authorized representative of the Beaumont Police Department and submitted to ATF field office for signature and verification of the'invoice. F. The$eatnnonfPolice Department will submit all requests for reimbursable payments,together with the appropriate documentation to ATF by..the 1 0th day of each subsequent month that the agency is seeking reimbursement.. (1) If the reimbursement request is not received by the ATF field office by the 10th of the subsequent month,the ATF field office will advise the agency, in writing, that the reimbursement request is latc, and if the reimbursement request is not received within the next 10 working days,the overtime costs will not be reimbursed. ?) No waivers or extensions will be granted or honored: The Beaumont Police Department will submit the request for reimbursement to ATF, ATT14: Im7 Sanders, 2615 Calder Avenue, Suite 300,'Beaumont,TX 77702. G. The ATF Supervisor shall be'responsible for certifying that the.request is for overtime expenses incurred by the Beaumont Police Department for participation with ATF during the joint operation/task force. The responsible State or local official shall also certify that requests for reimbursement of expenses have not been made to other Federal law enforcement agencies. R. The Beaumont Police Department acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the joint operation/task force and are responsible for the.payment of the overtime earnings, withholdings,insurance coverage, and all other requirements by law,regulations; ordinance or contract regardless of the reimbursable overtime charges incurred. 3 L All reimbursable hours of overtime work covered under this MOA must be approved in advance by the ATF supervisor. T. The ATP supervisor will forward all approved reimbursement requests to the Special Agent in Charge,Asset Forfeiture and'Seized Property Bxanch,for payment- K. This document does aat obligate funds. Funding authority,with maximum reimbursement costs to any one law enforcement officer during the fiscal year (October l ,.September 30),will be provided through other documents. VI. . LROGRAM AUDIT This MOA and its procedures are subject to audit by ATF,the.Department of Justice, Office Of Inspector General, the Government.Accouhtabihty.Office,and other auditors authorized by the Federal government. The Beaumont police Department agrees to permit such audits and agrees.to maintain all records relating to these transactions for a'period of not less than, three Years;,and-in the event of an on-going audit,until such tune as the audit Is completed. These audits include reviews of any and all records, documents,reports, accounts,invoices, receipts,.or expenditures reliting to this agreement; as well as,the interview of Any and all personnel involved in these transactions. V.I.I. REVISIONS The teams of this MOA''may be amended upon written approval by the original parties,or their designated representatives. Any amendment to this MOA becomes effective upon the date of approval as stated in the amendment. Either party can cancel this MOA upon 60-calendar days written notice to the other party. The ATF will only process requed for overtime for overtime incurred before the date of cancellation,absent a specific written agreement to the contrary. . VIII. NG PRIVATE RIGHT CREATED This is an internal government agreement between ATF and the Beaumont police Department and is not intended to confer any right or benefit to'any private person,or party. 4 Frank C. Coffin,Jr.- � . • J. Dewey Webb Chief of Police Special Agent in•Charge Beaumont Police Department Houston Field Division ATF Date: . Date: • Melanie S. Stinnett Wil " J.Hoover Assistant Director Assistant Director Manageinent(CFO Field Operations ATF ATE Date: 3 q Date: 3f r&1a`t Kyle Ha�eS . City Manager. City bf Beaumont 'Date; • 5 c RICH WITH OPPORTUNITY IIEAUMON T • E ,a g , A , s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 19, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement at 10 N. 111' Street. RECOMMENDATION The Administration recommends acceptance of water line easements to provide access for fire protection services at the new Dollar General Store located at 10 N. 1 Ph Street. BACKGROUND Houma Dollar Partners, L.L.C. has agreed to convey a water line easement to the City of Beaumont. The Water Line Easement [0.0017 acre out of Noah Tevis Survey], will provide mandatory access to the water lines and fire hydrants for the new Dollar General Store located at 10 N. 11t` Street (at Cedar), and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. \engdollar 11-ib 11 May 2009 RESOLUTION NO. WHEREAS, Houma Dollar Partners, L.L.C., has offered to convey a 15' x 5' water line easement for property located at 10 N. 11th Street, being 0.0017 acres out of the Noah Tevis Survey, as described in Exhibit"A" attached hereto, to the City of Beaumont for the purpose of providing mandatory access to the water lines and fire hydrants for said property and allowing for the construction, alteration, operation and maintenance of the said water lines and appurtenances; 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 easement conveyed by Houma Dollar Partners, L.L.C., as described in Exhibit "A", be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of May, 2009. - Mayor Becky Ames - Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 - - - - - - - FIE-LD-NOT-E—D- N OF A 0,0017 ACRE TRACT FORA WATER EASEMENT OUT OF THE NOAH TEVIS SURVEY, ABSTRACT 52 JEFFERSON COUNTY, TEXAS APREL 28, 2009 That certain 0.0017 acre tract for a water easement out of the Noah Tevis Survey, Abstract 52, Jefferson County, Texas, being out of a called 1.445 acre tract conveyed to Houma Dollar Partners, L.L.C. as recorded in Clerks File No. 2009004839 of the Official Public Records of Jefferson County, Texas, said 0.0017 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the north line of the said 1.445 acre tract having been called South 88°57'51" East 370.90 feet. COMMENCING at a capped iron rod found in the east right-of-way line of 11th Street for the southwest corner of a called 0.7924 acre tract conveyed to RKJ Investments, L.L.C. as recorded in Clerks File No. 2008022949 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 1.445 acre tract from which a capped iron rod in concrete found in the west line of the B.S.L. &W.R.R. 100' wide right-of-way for the southeast corner of a 1.059 acre tract conveyed to Joseph Andris, M.D., P.A. as recorded in Clerks File No. 2005018950 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 1.445 acre tract bears South 88°57'51" East 370.90 feet (called South 88°57'51" east 370.90 feet); THENCE South 01°20'08" East along the said east right-of-way line of 11th Street and the west line of the said 1.445 acre tract a distance of 83.33 feet (called South 01 020'08" East) to a point for the northwest corner of the said 0.0017 acre tract and the POINT OF BEGINNING; THENCE North 88 039'52" East along the north line of the said 0.0017 acre tract a distance of 5.00 feet to a point for the northeast corner of the said 0.0017 acre tract; THENCE South 01°20'08" East along the east line of the said 0.0017 acre tract a distance of 15.00 feet to a point for the southeast corner of the said 0.0017 acre tract; THENCE South 88 039'52"West along the south line of the said 0.0017 acre tract a distance of 5.00 feet to a point in the said east right-of-way line of 11th Street and the said west line of the 1,445 acre tract for the southwest corner of the said 0.0017 acre tract from which a "X" in concrete found at the intersection of the said east right-of-way line of 111h Street and the north FITTZ&SHIPMAN,INC. Project No. 08334wesmt Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238 • fax(409) 832-7303 EXHIBIT "A", PAGE 2 OF 3 right-of-way line of Cedar Street for the southwest corner of the said 1.445 acre tract bears South 01 020'08" East 44.55 feet (called South 01 020'08" East); THENCE North 01°20'08"West along the said east right-of-way line of 11th Street and the west line of the said 1.445 and 0.0017 acre tracts a distance of 15.00 feet (called North 01 020'08" West) to the POINT OF BEGINNING and containing 0.0017 acres of land, more or less. This description is based on a survey and plat made by Fittz & Shipman, Inc. on December 10, 2008. OF Tr Walter J. Ksiazek •.Gtg�ER. 4s Registered Professi al Land rveyor No. 5321 WALTER J. KSIAZEK 6574 �N�Sl1FtvEjO FITTZ&SHIPM,4N,INC. Project No. 08334wesmt Plat&Description ¢4 EXHIBIT "A", Page 3 of 3 FOUND CAPPED IRON ROD IN V' D• CONCRETE y.e REMAINDER OF JOSEPH ANDRIS, M.D., P.A. CLERKS FILE NO. 2005018950, O.P.R.J.C. (CALLED 1.059 ACRE) HOUMA DOLLAR PARTNERS, L.L.C. m°rn CLERKS FILE NO. 2009004839, O.P.R.J.C. rn°^ (CALLED 1.445 ACRES) z w PO a^w W N �W N �N � IA O m W UN E~ W NUMBEiin DISTANCE i " E 5.00 E—I NOW OR FORMERLY " E 15.00 RKJ INVESTMENTS, L.L.C. " W 5.00 CLERKS FILE NO. 2008022949, O.P.R.J.C.(CALLED 0.7924 ACRE) W 15,00 Q W U POINT OF BEGINNING 12' EASEMENT AS SHOWN WATER EASEMENT ON SURVEY BY BILLY 0.0017 ACRE HOWELL DATED 2-22-85 _____—_—_ ————— ------—— ———————— L2 83.33 =1 4 -J 44.55 S 01'20'08" E 142,88 COMMENCING (CALLED S 0120'08" E 142.88) WATER POINT 11TH STREET EASEMENT CONCRETE IN FOUND 0.0017 ACRE CAPPED IRON ROD of rF RVEYOR'S CERTIFICATION: * GISj7F4A' � 10 HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, /� • i AT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE THE GROUND UNDER MY SUPERVISION ON DECEMBER 10, 2008. WALTER J. KSIAZIEK •� S81p• 0 15 330 'k�SUAVE��Q, C'�`��E LTER J. KSIAZEK �ISTERED PROFES4LSURVEYOR NO. 3 WATER EASEMENT Fittz&Shipman PROJECT NAME: HOUMA DOLLAR PARTNERS, L.L.C. C—ndmv 1�„K„amndL4 ,=nd „ INC. NOAH TEVIS SURVEY, A-52 PROJECT NO. 405 CORNERSTONE COURT BEAUMONT. TEXAS �,,,r �,� ,,.__.. BEAUMONT. TEXAS f1RZ4n D RICH WITH OPPORTUNITY T • E BEA,0 g UMON*, A , s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 19, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement for the Social Security Administration. RECOMMENDATION The Administration recommends acceptance of water line easements to provide access for fire protection services at the new Social Security Administration building located at 8455 Dishman Road. BACKGROUND Rocky Bluff, LLC has agreed to convey a water line easement to the City of Beaumont. The ten foot (10') wide Water Line Easement [out of A. Huston Survey], will provide mandatory access to the water lines and fire hydrants for the new Social Security Administration building located at 8455 Dishman Road, and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARYIMPACT None. \engss_—ky-ib 11 May 2009 RESOLUTION NO. WHEREAS, Rocky Bluff, L.L.C., has o ff e r ed to convey a ten foot (10) wide water line easement for property located at 8455 Dishman Road, out of the A. Huston Survey,Abstract 33, Jefferson County, Texas, as described in Exhibit"A"attached hereto, to the City of Beaumont for the purpose of providing mandatory access to the water lines and fire hydrants for the Social Security Administration building located on said property and allowing for the construction, alteration, operation and maintenance of the said water lines and appurtenances; 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 easement conveyed by Rocky Bluff, L.L.C., as described in Exhibit"A", be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 19th day of May, 2009. - Mayor Becky Ames - Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE WATERLINE EASEMENT OUT OF THE A. HUSTON SURVEY,ABSTRACT 33 JEFFERSON COUNTY, TEXAS MAY 4, 2009 CENTERLINE I That certain centerline description for a 10' wide water line easement out of the A. Huston,Survey, Abstract 33, Jefferson County, Texas, being out of a called 3.340 acre tract conveyed to Rocky Bluff, L L C as recorded in Clerk's File No. 2007026401 of the Officials Public Records of Jefferson County, Texas, said centerline description being more particularly described by the courses and distances as follows: Note: The Basis of Bearings is along the northeasterly line of Ditch 202-E, a 110-foot wide right-of-way conveyed to Jefferson County Drainage District No. 6, recorded in Film Code No. 103-43-0139 of the Real Property Records of Jefferson County, Texas, having been called North 38°00'22"West. COMMENCING at a capped iron rod found in the south right-of-way line of Dishman Road and the south line of a called 0.2755 acre tract conveyed to the City of Beaumont as recorded in Volume 1995, Page 456 of the Deed Records of Jefferson County, Texas for the northwest corner of a called 2.120 acre tract conveyed to Dupont Beaumont Federal Credit Union as recorded in Clerks File No. 2005010849 of the Official Public Records of Real Property of Jefferson County, Texas and the northeast comer of the said 3.340 acre tract from which a capped iron rod found in the west right-of-way line North Major Drive (aka F.M. 363) for the northeast corner of the said 2.120 acre tract bears South 89 059'06" East 298.87 feet (called North 89 059'50" East 298.87 feet); THENCE South 89 044'32" West along the said south right-of-way line of Dishman Road and the said 0.2755 acre tract being the north line of the said 3.340 acre tract a distance of 8.60 feet (called South 89 043'28" West) :o a point for the POINT OF BEGINNING of the said centerline; THENCE along the said centerline with the following courses and distances as follows: South 00 042'27" East a distance of 168.36 feet to an angle point; South 23°48'46" East a distance of 41.55 feet to an angle point; South 33 017'21" East a distance of 98.83 feet to a point for the POINT OF TERMINATION of the said ;enterline; -his Centerline Description is based on a survey performed by Fittz & Shipman, Inc. on October 17, 2006 and April 29, 2009. � - 0 F t�r�, Valter J. Ksia ek �� "►S7 `• '� registered Profes nal Land urveyor No. 5321 *J;•Q.��'>� '�Fd•tp ittz&Shipman,Inc. roject No. 08301.0002A WALTER J. KSIAZEK tat&Description • T 1405 Cornerstone Court,• Beaumont, T s `� 5 W2- 38 • fax(409) 832-7303 Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 2 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE A. HUSTON SURVEY,ABSTRACT 33 JEFFERSON COUNTY, TEXAS MAY 4, 2009 CENTERLINE 2 That certain centerline description for a 10' wide water line easement out of the / . Huston Survey, Abstract 33, Jefferson County, Texas, being out of a called 3.340 acre tract conveyed to Rocky Bluff, L L C as recorded in Clerk's File No. 2007026401 of the Officials Public Records of Jefferson County, Texas, said centerline description being more particularly described by the courses and distances as follows: Note: The Basis of Bearings is along the northeasterly line of Ditch 202-E, a 110-foot wide right-of-way conveyed to Jefferson County Drainage District No. 6, recorded in Film Code No. 103-43-0139 of the Real Property Records of Jefferson County, Texas, having been called North 38 000'22"West. COMMENCING at a capped iron rod found in the south right-of-way line of Dishman Road and the south line of a called 0.2755 acre tract conveyed to the City of Beaumont as recorded in Volume 1995, Page 456 of the Deed Records of Jefferson County, Texas for the northwest corner of a called 2.120 acre tract conveyed to Dupont Beaumont Federal Credit Union as recorded in Clerks File No. 2005010849 of the Official Public Records of Real Property of Jefferson County, Texas and the northeast corner of the said 3.340 acre tract from which a capped iron rod found in the west right-of-way line North Major Drive (aka F.M. 363) for the northeast corner of the said 2.120 acre tract bears South 89 059'06" East 298.87 feet (called North 89 059'50" East 298.87 feet); THENCE South 89°44'32" West along the said south right-of-way line of Dishman Road and the said 0.2755 acre tract being the north line of the said 3.340 acre tract a distance of 280.93 feet (called South 89 043'28" West) to a point for the POINT OF BEGINNING of the said centerline from which a %" capped iron rod set for the northwest corner of the said 3.340 acre tract bears South 89 044'32" West 148.91 feet (called South 89 043'28"West); THENCE South 00 005'50" East a distance of 69.91 feet to a point for the POINT OF TERMINATION of the said centerline; This Centerline Description is based on a survey performed by-Fittz & Shipman, Inc. on October 17, 2006 and April 29, 2009. Walter J. Ksiaz WALTER J. KSIAZEK Registered Professio al Land Su eyor No. 5321 Fittz&Shipman, Inc. •.�LS3Ma•�, q •...• Project No. 08301.0002B Np S.U'8�� O Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • 32-7238 • fax (409) 832-7303 EXHIBIT "A", PAGE 3 OF 3 NUMBER DIRECTION DISTANCE L1 S 00'42'27" E 168.36 L2 S 23'48'46" E 41.55 L3 S 33'17'21" E 98.83 L4 S 00'05'50" E 69.91 3D'R.O.W. DEDICATION TO FOUND IRON ROD POINT OF THE CITY OF BEAUMONT NTH ALUMINUM DISC POINT OF BEGINNING VOL. 1995, PG. 456, D.R.J.C. STAMPED DD6#42 BEGINNING CENTERLINE 1 COMMENCING (CALLED 0.2755 ACRES) CENTERLINE 2 POINT FOUND FOUND CAPPED CAPPED DISHMAN ROAD IRON ROD IRON ROO CITY OF BEAUMONT CALLED S 89'43'28' W 429.84 8.60 •,CLERKS FILE NO. 2004002123/(CALLED jr S 89,44.32" W 429.84 ser 1/2' 148.91 272.33 I S S 89'59'06 E 298.87 CAPPED I Id. I o1 (CALLED N 89'59'50" E 298.87) m IRON Roo �J CENTERLINE 2 I W 10' WIDE WATER I w LINE EASEMENT 7I 1+p DUPONT BEAUMONT POINT OF o FEDERAL CREDIT UNION TERMINATION I O^ CLERKS FILE NO. 2005010849, CENTERLINE 2 o W O.P.R.R.P.J.C. CENTERLINE 1 (CALLED 2.720 ACRE) [A U 10' WIDE WATER FOUND UNE EASEMENT l IRON PROD 1 'G SEE DETAIL 6% . DETAIL FND POINT OF S�J CAPED TERMINATION IRON ROD CENTERLINE 1 Ed J N U O Q �W C;g'0 Wm V N N duo FOUND N O O J o. r,$ CAPPED P. 0�° IRON ROD 00 w Y O J o O• LIP O� S 89'57'56" W 169.69 (CALLED WEST 169.90) CAPPED "a P IRON ROD 'yam RICHARD LYNN WORTHEY CLERKS FILE NO. 200304162 O SD—�1 DD O.P.R.R.P.J.C. S% (CALLED 1.ODO ACRE) A. H U S T 0 SURVEY A-33 C -% %O OF-l�r-Y SURVEYOR'S CERTIFICATION: 100 HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, * ••Q.F'C'1* Fd•�; THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE 7� • �, ON TH2GROUND OU UNDER MY SUPERVISION ON OCTOBER 17, 2006 AND WALTER J. APRIL KSIAZEK W aGO t31z+ � WALTER J. KSIAZEK < ••' SS1a1:A REGISTERED PRDFESSIONA AND SURVEYOR . 5321 •••• 9N�S(tkY'00 I:\SURVEYS\08301\301WESMT.dwg May 07, 2009 11:44- FittZ&Shipman 10 WIDE WATER LINE EASEMENTS SHEET NO. CvnsNUingEngp7eessandLondSurnyors INC. PROJECT NAME: ROCKY BLUFF, L.L.C. 3 DISHMAN ROAD, 1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT, TEXAS 77706 PROJECT NO. (409) 832-7238 FAX(409)832-7303 DATE:5/04/09 08301.0001 E RICH WITH OPPORTUNITY 11EA,UM011"9( T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 19, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of two (2) water line easements. RECOMMENDATION The Administration recommends acceptance of two (2) water line easements to provide access for fire protection services to All Saints Episcopal School property. BACKGROUND The owners listed below have each agreed to convey a ten(10) foot wide water line easement to the City of Beaumont. The Water Line Easements will provide mandatory access to the water lines and fire hydrants for the All Saints Episcopal School property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances: 1. Ten foot (10 `) wide Water Line Easement Across Sandelwood Drive (private) out of Sandelwood Trails Addition [East of#5 Sandelwood] Owner: Sandelwood Trail Homeowners Association 2. Ten foot (10 `) wide Water Line Easement out of Block 4, French Subdivision- [4108 Delaware] Owner: All Saints Episcopal School BUDGETARYIMPACT None. \-gall_saints 13 May 2009 Fiffz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT A, PAGE I OF 2 CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT ACROSS SANDELWOOD DRIVE (PRIVATE) OUT OF SANDELWOOD TRAIL JEFFERSON COUNTY, TEXAS MAY 4, 2009 That certain centerline description for a 10' wide water line easement, 5 ' on each side of the centerline, across Sandelwood Drive (private) out of Sandelwood Trail, a plat recorded in Volume 14, Page 38 of the Map Records of Jefferson County, Texas, said centerline being more particularly described with the courses and distances as follows: Note: The Basis of Bearing is the east line of a 30' wide drainage easement shown on Westmont Addition, a plat recorded in Volume 10, Page 139 of the Map Records of Jefferson County, Texas having been called North 00 051'00" West 1385.00 feet. COMMENCING at a concrete monument with a brass rod found in the south line of said Westmont Addition for the southeast corner of the said 30' drainage easement from which a 1" iron pipe found in the north line of the said Westmont Addition for the northeast comer of said 30' drainage easement bears North 00 051'00"West 1385.48 feet (called North 00 051'00"West 1385.00 feet); THENCE South 89 025'00"West along the said south line of Westmont Addition a distance of 30.00 feet (called North 89 025'00" East 30.00) to a point in the east line of said Sandelwood Trail and the east right-of-way line of Sandelwood Drive (private) for the southwest corner of said Westmont Addition; THENCE South 00 051'00" East along the said east line of Sandelwood Trail (private) and the said east right-of-way line of Sandelwood Drive a distance of 438.92 feet to a point for the POINT OF BEGINNING of the said centerline; THENCE South 89 016'20"West a distance of 45.22 feet to a point in the east line of a 16' utility easement for the POINT OF TERMINATION of the said centerline. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during May 2009. �� OF Tr WSTEW Walter J. Ksiazek Registered Profession Land Survey r No. 5321 WALTER J. KSIAZEK ?, •'o Sul _„< Fittz&Shipman,Inc. • ;9_ Page 1 of 1 • :�Ssp , Project No. 07208.0001 qNp t11V���4 Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT "A PAGE 2 OF 2 oFOUND 1" ^ IRON PIPE I E— z o C' O WESTMONT ADDITION A o O VOL 10,PG 139,M R J.C. w O v Z COMMENCING POINT FOUND CONCRETE MONUMENT W/BRASS DISC (CALLED S 89'25'00"W 30.OD) 5 89'25'00" 30.00 LOT 2 SANDELWOOD TRAIL VOL 14,PG. 313,M.R.J.C. FRENCH SUBDIVISION N VOL.3.PG,227,M.R.J.C. m a W a o O A O LOT 3 T-7 T ~ o O a i A a 12 B L 0 C K 4 (CALLED FOUND 112" FOUN 5/B" 40.00) IRON ROD R N ROD N 89'15'15" E 39.96 N 89'78'46" E FOUND"X"IN PRIVATE DRIVE 40.ts cDNCRETE FOUND 'X"IN (CALLED CON RETE— 40.00) � N O aj �I o 3 W S 189'16'20" 4 5 45_22 ° •Y M POINT OF FDU 1/2° o BEGINNING LOT 4 IR N ROD I z rn- Q CENTERLINE (CALLED 4D.DD) POINT OF 40.09 TERMINATION 5 89'09'57" W FOUND 1/2" CENTERLINE IRON ROD �OFTg SURVEYOR'S CERTIFICATION. �� x LJ V 1 DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF, 7S7Fn�t�s• THAT THIS O D ACCURATE PLAT VI A SURVEY k DESCRIPTION MADE • 1 C1 ON THE GROUND UNDER MY SUPERVISION DURING MAY 2009. t F t VWALTTER J. KSIAZEK 1'x21 ss+° 0 3o so R J.KSIAZEN ��ERED PROFESSIONAL D SURVEYOR N0. 3 5®OJECTS\07208- All Soints\208,1—t.dwg May D7,2009 D1:25pm �Q$�hv��O 10 WIDE WATER LINE EASEMENT SHEET NO. F&'Shipman C--bkWErgbw-and Lmd&—rm INC.PROJECT NAIL: BEAUM NT, DRIVE (PRIVATE)ATE) 2 706 1405 CORNERSTONE COURT,BEAUMONT,TEXAS PROJECT NO (409)832-7238 FAX(409)832-7303 07208.0001 DATE:5/04/09 Fiffz & Shipman INC Consulting Engineers and Land Surveyors CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF BLOCK 4 OF THE FRENCH SUBDIVISION JEFFERSON COUNTY, TEXAS MAY 4, 2009 That certain centerline description for a 10' wide water line easement, 5 ' on each side of the centerline, out of Lots 2, 3, and 4, Block 4 of the French Subdivision, a plat recorded in Volume 3, Page 227 of the Map Records of Jefferson County, Texas, said centerline being more particularly described with the courses and distances as follows: Note: The Basis of Bearing is the east line of a 30' wide drainage easement shown on Westmont Addition, a plat recorded in Volume 10, Page 139 of the Map Records of Jefferson County, Texas having been called North 00 051'00" West 1385.00 feet. COMMENCING at a concrete monument with a brass rod found in the south line of said Westmont Addition for the southeast corner of the said 30' drainage easement from which a 1" iron pipe found in the no line of the said Westmont Addition for the northeast comer of said 30' drainage easement bears North 00 051'00"West 1385.48 feet (called North 00 051'00"West 1385.00 feet); THENCE North 89 025'00" East along the said south line of Westmont Addition a distance of 128.45 feet (called North 89 025'00" East) to a point for the POINT OF BEGINNING of the said centerline; THENCE along the said centerline with the following courses and distances: , South 00°43'24 East, at a distance of 87.16 feet pass a point for the POINT OF BEGINNING of Tap A from which a point for the POINT OF TERMINATION of said Tap A bears South 89 056'11" East 240.04 feet, and continuing a total distance of 105.49 feet to an angle point; South 45 043'24" East a distance of 55.00 feet to an angle point; South 00 043'24" East a distance of 87.00 feet to angle point; South 64 015'33"West a distance of 38.79 feet to an angle point; South 00°43'24" East at a distance of 173.51 feet pass a point for the POINT OF BEGINNING of Tap B from which a point for the POINT OF TERMINATION of said Tap B bears North 89 016'36" East 20.00 feet, and continuing a total distance of 190.74 feet to an angle point; Ritz&Shipman,Inc Page 1 of 2 Project No. 07208.0001 Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT"B" PAGE 1 of 3 A(.L: '1 r'1 South 89 016'20"West a distance of 161.21 feet to a point in the east line of Sandelwood Trail, a plat recorded in Volume 14, Page 38 of the Map Records of Jefferson County, Texas and the east right-of-way line of Sandelwood Drive (private) for the POINT OF TERMINATION of the said centerline. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during May 2009. Walter J. Ksiaz k ��,� OF .T Registered Professi al Land Surveyor No. 5321 * �1 TE,P��*s•�. CI WALTER J. K51A2EK 01 �t r ��`�strwwti�o Fittz&Shipman,Inc Page 2 of 2 Project No. 07208.0001 Plat&Description EXHIBIT"B" PAGE 2 of 3 FOUND 1' eeeVVV ut n m IRON PIPE ^ 0 3 WESTMONT ADDITION m. VOL.10,PG.139,M.R.J.C. °go O m D 01 E- 0 v Z �. (CALLED N 69'25'00"E) N 892500" E 128.45 COMMENCING tl POINT OF POINT ,n BEGINNING FOUND 01 I CENTERUNE CONCRETE MONUMENT W I w W/BRASS DISC <I I m POINT OF POINT OF BEGINNING TERMINATION oI TAP A TAP LOT 2 o ———— S 89'56'11" E 240.04— N J 18.33 p i SSFJ• \ TAP A O w; 0 Fly IO _ I I'0 W FRENCH SUBDIVISION N VOL,3,PG.227,M.R.J.C. Ia I IO d S6 3g��J aLOT 3 CENTERUNE v+ 10' WIDE WATER UNE EASEMENT II a a B L 0 c K 4 A WI IM In O NI PFa �I A °i I v I II POINT OF POINT OF BEGINNING TERMINATION N 89'16'36' E CENTERLINE TAP B I L 20.00 B S 89'16'20 W 161.21 _— r- TAP --- ----- ---- POINT OF TERMINATION TAP B LOT 4 )5,x 0—9SURVEYOR'S CERTIFICATION: G{STEQF:f I A HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF, * Q THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING MAY 2009, WALTER J. KSIAZEK c�FSS�Q;�oQ 0® J.KSIAZEK RED PROFESSIONAL LAN URVEYOR NO. H gUhy�y S C A L E 0: PROJECTS\07208-All Sai1t1\208wIeemt.dwg May C 02:OSPm NO. 10' WIDE WATER LINE EASEMENT SHEET Fittz�Shipman � SmTVm INC.PROJECP NMM: ALL SAINTS EPISCOPAL SCHOOL 3 DELAWARE STREET & SANDELWOOD DRIVE 1405 CORNERSTONE COURT,BEAUMONT.TEXAS BEAUMONT, TEXAS 77706 PROJECT NO. (09)832-7238 FAX(409)832-7303 DATE:5/04/09 07208.0001 B" A 3of3 RESOLUTION NO. 04-050 WHEREAS, the following property owners have each conveyed water line easements, as described below and in Exhibits "A" and "B" attached hereto, for the purpose of providing mandatory access to the water lines and fire hydrants for All Saints Episcopal School property and allowing for the construction, alteration, operation and maintenance of the said water lines and appurtenances: 1. Ten foot (10 `) wide Water Line Easement across Sandelwood Drive (private) out of Sandelwood Trails Addition [East of#5 Sandelwood] Owner: Sandelwood Trail Homeowners Association; 2. Ten foot (10 `) wide Water Line Easement out of Block 4, French Subdivision - [4108 Delaware] Owner: All Saints Episcopal School; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances 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 said easements conveyed by the above-named property owners be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of May, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 19, 2009 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 authorizing the City Manager to execute a contract for the Waterline Installation of Large Diameter Main Bores Contract I 2. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department 3. Consider amending Section 26-41 of the Code of Ordinances to allow for towing of uninsured vehicles COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James R. Traversi v. Brian Woodworth and City of Beaumont, Texas Entergy Texas street lighting billing charges Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 May 19,2009 Consider authorizing the City Manager to execute a contract for the Waterline Installation of Large Diameter Main Bores Contract I RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director .Y MEETING DATE: May 19, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Waterline Installation of Large Diameter Main Bores Contract I. RECOMMENDATION Administration recommends approval of a contract with Allco, Ltd., Beaumont, Texas, in the amount of$636,301.00 to install three 16 inch C905 PVC waterline bores. The first bore is approximately 400 linear feet along Keith Road, crossing Union Pacific Railroad and US Highway 90. The second bore is approximately 200 linear feet along US Highway 90, crossing Lower Neches Valley Authority Canal. The third bore is approximately 240 linear feet along Keith Road, crossing BNSF Railroad and Phelan Boulevard. The MBE participation will be with Rural Pipe and Supply of Jasper, Texas and is listed by Allco, Ltd. as their material supplier. The amount of the subcontract is for $160,000 which represents 25.15 percent of the total bid. BACKGROUND The primary goals of the project are to supply adequate fire protection to the Municipal Airport located on Keith Road and loop the water system to provide high quality uninterrupted water service to the customers. This Contract is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. i le OF TF t a BID TABULATION •• •• *e�� WATERLINE INSTALLATION OF LARGE DIAMETER MAIN BORES-CONTRACT I ............... ............... BID OPENING DATE:Thursday March 5,2009 @ 2:00 PM r PATR I C K D O NA RT r �..... The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. .......................... ' 1 -� 100036 :•� 9 '• B y: ./�� / _�- jell�F•��CENS ��'���'4^�' Patrick Donart,PE,Water Utilities Engineer Date:3/5/09 t s �• ...... • C? ~ aatZsb N t tiN ALLCO,LTD. REYTEC CONSTRUCTION WILLIAMSON CONSTRUCTION 8 CRAVENS PARTNER,LTD. ITEM QUANTITY DESCRIPTION RESOURCES.INC EQUIPMENT INC. NUMBER BEAUMONT,TEXAS HOUSTON,TEXAS LUBERTON,TEXAS HEMPSTEAD,TEXAS T.W.HARRISON GREGG T.REYES JARED DEJORMEAUX WILL CRAVENS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 MOBILIZATION $ 25,000.00 $ 25,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 45,000.00 $ 45,000.00 2 1 Bore Location#1 $ 289,085.00 $ 289,085.00 $ 303,000.00 $ 303,000.00 $ 311,802.50 $ 311,802.50 $ 271,500.00 $ 271,500.00 3 1 Bore Location#2 $ 149,104.00 $ 149,104.00 $ 152,000.00 $ 152,000.00 $ 141,171.00 $ 141,171.00 $ 202,500.00 $ 202,500.00 3A 1 Bore Location#2 $ 128,119.00 $ 128,119.00 No Bid No Bid $ 90,965.00 $ 90,965.00 No Bid No Bid 4 1 Bore Location#3 $ 145,612.00 $ 145,612.00 $ 138,000.00 $ 138,000.00 $ 165,901.00 $ 165,901.00 $ 184,000.00 $ 184,000.00 5 1 Allowance for Gifford Hill $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 6 1 Trench Safety Plan $ 2,500.00 $ 2,500.00 $ 3,000.00 $ 3,000.00 $ 6,670.00 $ 6,670.00 $ 1,000.00 $ 1,000.00 7 1 jTrench Safety System $ 5,000.00 1$ 5,000.00 $ 2,000.00 1$ 2,000.00 $ 21,620.00 1$ 21,620.00 $ 1,000.00 $ 1,000.00 TOTAL Base Bid $ 636,301.00 $ 648,000.00 $ 697,164.50 $ 725,000.00 TOTAL with Alternative A $ 615,316.00 No Bid $ 646,958.50 No Bid Acknowledge Addenda 1 &2 Yes No Yes Yes Bid Bond Yes Yes Yes Yes Corporate Resolution Yes Yes Yes Yes Information Required of Bidder Yes Yes Yes Yes Schedule C(MBE Participation) Yes No No No Page 1 of 1 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION CITY OF BEAUMONT ALLCO WATERLINE INSTALLATION NAME LARGE DIAMETER MAIN BORES CONTRACT I CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE RUAL PIPE & SUPPLY 809 VISADOR RD PIPING $160,000.00 JASPER TEXAS 75951 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. This schedule should be submitted with your bid. rT SI NATURE T.W. HARRISON PRESIDENT TITLE 30 RESOLUTION NO. WHEREAS, bids were solicited for a contract for the Waterline Installation of Large Diameter Main Bores Contract I; and, WHEREAS, Allco, Ltd., of Beaumont, Texas, submitted a bid in the amount of $636,301.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Allco, Ltd., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Allco, Ltd., of Beaumont,Texas,for a contract for the Waterline Installation of Large Diameter Main Bores Contract I in the amount of $636,301.00 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of May, 2009. - Mayor Becky Ames - 2 May 19, 2009 Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department RICH WITH OPPORTUNITY BEAUMON* T • E `. X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: May 19, 2009 REQUESTED ACTION: Council consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department. RECOMMENDATION Administration recommends amending Section 21-75 of the Code of Ordinances to reduce the number of Grade III Lieutenant positions by one, resulting in a total of 15 Lieutenants. BACKGROUND Lieutenant Dave Sample recently retired from the Police Department resulting in a vacancy. By deleting this position, the total number of authorized positions in the Police Department would be 264. BUDGETARY IMPACT There would be an annual savings of approximately $100,000 if this position is not replaced. I ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO AMEND THE NUMBER OF GRADE III POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. That Chapter 21, Section 21-75, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 21-75. Grades and Classifications - Police Department. The following grades and classifications and number of positions in each classification are hereby established within the Police Department: Grade Classification Positions I Officers 204 II Sergeants 41 III Lieutenants 15 IV Captains 3 Assistant Chief 1 Total 264 Section 2. 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 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of May, 2009. - Mayor Becky Ames - 3 May 19, 2009 Consider amending Section 26-41 of the Code of Ordinances to allow for towing of uninsured vehicles RICH WITH OPPORTUNITY [I 17L A.11 1�1 C1 11)( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer k%' MEETING DATE: May 19, 2009 REQUESTED ACTION: Council considering amending Section 26-41 of the Code of Ordinances to allow for towing of uninsured vehicles. RECOMMENDATION Administration recommends the Council amend Section 26-41 of the Code of Ordinances to allow for the towing and impounding of a vehicle that is not insured or otherwise covered for financial responsibility in accordance with state law. The amendment will be effective July 15, 2009. BACKGROUND On May 12, 2009, a work session was held to discuss guidelines for the towing of motor vehicles being operated without proof of financial responsibility. In January 2009, the Texas Department of Public Safety implemented a state-wide database through which the status of whether a motorist has insurance for his or her vehicle can be verified. The database can be accessed twenty-four (24) hours a day seven (7) days a week. This tool is the backbone of the program to tow uninsured motor vehicles. Upon adoption of the amended ordinance, the Purchasing Division will post a request for proposal for Contract Towing Services for Impounding of Vehicles. In order to effectively implement this program, the City will enter into a management agreement with a local towing company whereby the towing company will be notified by Police Officers when it is determined that a vehicle is to be towed due to lack of insurance. The towing company will be responsible for towing he vehicle storing he vehicle, collecting the fees, releasing the vehicle once the g g g g owner has shown proof of financial responsibility, and submitting monthly reports required by the City for monitoring the program. The fees charged by the towing company will be based on the adopted rates in Chapter 29 of the Code of Ordinances. If a vehicle owner or designee is able to provide proof of insurance coverage being in effect at the time the vehicle was towed, and provides that proof within one (1) business day (defined as Monday thru Friday) of vehicle impoundment, then the towing company may charge for the towing but must waive all storage fees accrued for that vehicle. Towing companies responding to the request for proposal will be evaluated based on a criteria which includes relevant experience, storage capacity, adequacy and availability of equipment, personnel, and data collection and reporting capabilities. Towing of Uninsured Motor Vehicles May 19, 2009 Page 2 Attached is Section 26-41 Impounding of vehicles, as proposed, the guidelines and procedures established by the Police Department, and the criteria for evaluating towing companies. BUDGETARY IMPACT None. ARTICLE 111. STOPPING, STANDING, PAR-KING DIVISION 1. GENERALLY Sec.26-40. Reserved. Editor's note:Ord. No.98-54,§ 1,adopted October 6, 1998,amended the Code by repealing former§26-40. Former§26-40 pertained to impounding of vehicles, and derived from the Code of 1958,§37-139;Ord. No. 77-49,adopted May 3, 1977;Ord. No.80-10,adopted February 5, 1980;Ord. No. 85-48,adopted April 23, 1985:Ord. No. 85-49,adopted April 23, 1985;Ord. No.85-116,adopted November 19, 1985;Ord. No. 88-14,adopted February 9, 1988;and Ord. No. 93-6,adopted February 2, 1993. _ Deleted:-vehicles unattended for Sec.26-41. Impounding of vehicles, 4 carry-giant no.,rs;rodempaoa and 191 it is an offense for a person to operate a motor vehicle without financlair �ormamed:Normal resoonsibility established for the#vehicle (2) Acting under a poll u established by the notice chief a police officer is authorized to Order the tournn:a and mppunoino of a vehicle+hat is not insured or otherwise cavrred for financial fflMnsibliftty in eow-rdance With.. later ,Q) __.The sb sets,alleys or otfiaer public_{�iat es:of the city ar e-npi t>atended for storage- neieten: ---� of vehicles;therefore,any vehicle standing,parked or remaining unattended within the _-- same two(2)blocks of any public street,alley,sidewalk,parkway or upon any property of the city for forty-eight(48)or more continuous hours,even though the vehicle is moved from one place to another within such blocks or city property,is hereby declared to be illegally packed.If the vehicle remains within the some two(2)blocks of any.public street,alley,sidewalk;parkway or upon any property of the city for an additional forty- eight(48)contintous hours;it is hereby declared to be a nuisance per se,and any such vehicle when so found shall be removed summarily by any police officer of the city to any storage area designated or maintained by the police department and shall be kept there until redeemed or sold as provided in this section. For purposes of this section, "vehicle"means a device in or by which a person or property is or may be transported or drawn on a public highway,other than a device used exclusively on stationary rails or tracks. (Ord. No. 99-1,§ 1, 1-12-99) Editor's none: Ord. No. 98-64,§ 1, adopted October 6, 1998,amended the Code by repealing former§26-41. Former§26-41 pertained to impounding of vehicles c s unattended for fort. -ei tl#hours Y 9 and derived from the Code 1958, § 37- 115.1; and the aforementioned Ord. No. 88-14. Ord. No. 99-1, § 1, adopted January 12, 1999,subsequently amended the repealed§26-41, and the editor has treated Ord. No. 99-1 as adding a new§2641. Beaumont Police Department Directive Page 1 Subject:Towing Uninsured Motor Vehicles Effective Date: Approved By: Frank C.Coffin,Jr.,Chief of Police Purpose: To establish guidelines and procedures for the towing of motor vehicles being operated without proper proof of financial responsibility. The safety of the driver and/or vehicle occupants is a primary concern when towing uninsured vehicles. I. Towing Guidelines A. Vehicles may be towed for no proof of financial responsibility as a result of: 1. Traffic stops when other violations, such as no driver's license,expired MVI,or expired registration are involved;or 2. Motor vehicle crash investigations;or 3. Other circumstances approved by a supervisor, if the driver does not have proof of financial responsibility as required by the Texas Transportation Code. B. Officers will make a reasonable effort to determine whether financial responsibility exists prior to towing a vehicle. C. Prior to towing a vehicle under this policy,officers should consider the circumstances surrounding the situation,including: 1. Time of day 2. Location 3. Physical condition of the driver(elderly,sick,disabled,etc.) 4. Age of driver/occupants 5. Availability of other units to assist with the safe removal of occupants 6. Call demand 7. Weather conditions 8. Lighting conditions 9. Traffic volume and speed 10.Presence of pets/animals in the vehicle 11.Contents of the vehicle(potential financial loss,perishable items,etc.) D. Vehicles driven or occupied exclusively by minors under the age of 18 should not be towed. E. Officers shall be required to issue a Failure to Maintain Financial Responsibility citation to the driver if a vehicle is towed under this policy. A vehicle operator who does not exhibit evidence of financial responsibility is presumed to have operated the vehicle in violation of the law. F. All vehicles towed under this policy require prior supervisor approval,as is now the practice for traffic offense arrests. G. Per the impounding of Motor Vehicles policy,the proper sections of the vehicle impound form shall be completed on all vehicle impounds. II. Driver/Occupant Safety A. An officer impounding a vehicle under this policy will make a reasonable effort to provide for the safety of the driver and any occupants. Examples of a reasonable effort include,but are not limited to,transportation of the driver and occupants to a safe location or tailing a friend or relative for transportation. B. If there are no reasonable means to avoid placing the driver and occupants in an unsafe situation, the officer should not tow the vehicle. Beaumont Police Department Directive Page 2 C. Should the driver/occupants arrange for private transportation from the scene,the transport must be accomplished within the 30 minute time frame allowed for tow truck arrival. ! D. All interactions with vehicle drivers and/or occupants regarding transportation or transportation refusal shall be recorded with the officer's in-car mobile video system. The driver/occupants who refuse transportation will be required to sign off on the refusal on the appropriate towing form. Ill. Traffic Crash Investigations A. if conditions at the crash scene permit,and prior to calling for tow trucks,officers should determine the insured status of all vehicles involved in the crash. Uninsured vehicles involved should be towed by the contract towing company in accordance with this policy. B. At crash scenes requiring emergency tows,the emergency tow should be used whether financial responsibility can be determined or not. In this circumstance,the vehicle would not be impounded i under this policy. C. At crash scenes involving vehicles driven or occupied exclusively by minors under the age of 18, if financial responsibility cannot be determined and the vehicle will be towed due to damage caused by the crash anyway,the vehicle should be towed by the contract towing company in accordance with this policy. IV, Vehicle Release i A. Vehicles will be released by the contract towing company. B. Requirements for vehicle release are: I 1. Payment of the posted rates; 2. The vehicle owner/driver is required to show current proof of financial responsibility;and 3. The vehicle owner/driver is required to show a government issued photo identification. V. Defense A. The vehicle operator is afforded the opportunity to contest the charges pursuant to the Motor Vehicle Safety Responsibility Act. 11. Evaluation Criteria. Respondent shall provide all additional information upon demand by the City of Beaumont. Evaluation of this response shall be based upon the items stated in the following table,as evaluated by the City of Beaumont. Space to provide information is available on the Bid Sheet. Criteria Points Relevant Experience. 30 This background information shall provide information concerning contracts of similar type, services and equipment provided and length of contract service. Maintenance Program. 5 This background information shall provide details about existing repair program or proposed program the responder will provide and staff, which would enable him to maintain his equipment for safe and timely operations. Personnel. 15 This background information shall outline the personnel and experience, the equipment to be provided, and a general outline of what is proposed. Equipment. 15 Equipment owned by vendor and proposed available for service. Storage. 25 Vehicle storage facility to be located in the City limits of Beaumont, Texas. Experience in operation of vehicle storage facility. Data Control. 10 Data control system to be utilized in providing record keeping and financial information to the City of Beaumont. TOTAL POINTS 100 12. Data to be collected by Contract Towing Company. a. Number of tows, class of tows, and amount of towing fees collected for seized and no proof of Financial Responsibility. b. Number of days vehicles are stored and amount of storage fees collected. c. Number of notification fees and amount of notification fees collected. d. Number of impounds and amount of impound fees collected. e. Number and amount of administrative fees collected. f. Number of vehicles auctioned and amount of revenue from the auction. -5- ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE III, SECTION 26-41, OF THE CODE OF ORDINANCES TO ALLOW FOR TOWING OF UNINSURED VEHICLES; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 26, Article III, Section 26-41, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 26-41. Impounding of vehicles. (1) It is an offense for a person to operate a motor vehicle without financial responsibility established for that vehicle. (2) Acting under a policy established by the police chief, a police officer is authorized to order the towing and impounding of a vehicle that is not insured or otherwise covered for financial responsibility in accordance with state law. (3) The streets, alleys, or other public places of the city are not intended for storage of vehicles; therefore, any vehicle standing, parked or remaining unattended within the same two (2) blocks of any public street, alley, sidewalk, parkway or upon any property of the city for forty-eight (48) or more continuous hours, even though the vehicle is moved from one place to another within such blocks or city property, is hereby declared to be illegally parked. If the vehicle remains within the same two (2) blocks of any public street, alley, sidewalk, parkway or upon any property of the city for an additional forty-eight (48) continuous hours, it is hereby declared to be a nuisance per se, and any such vehicle when so found shall be removed summarily by any police officer of the city to any storage area designated or maintained by the police department and shall be kept there until redeemed or sold as provided in this section. For purposes of this section, "vehicle" means a device in or by which a person or property is or may be transported or drawn on a public highway, other than a device used exclusively on stationary rails or tracks. Section 2. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 3. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 4. That this ordinance is to be effective July 15, 2009. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of May, 2009. - Mayor Becky Ames -