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HomeMy WebLinkAboutPACKET APR 12 2011 RICK WITS OPPORTUNITY BEAUMON* T * E • X * A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 12, 2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—March 29,2011 * Confirmation of committee appointments Frank Messina would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 15, 2013. (Mayor Becky Ames) Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10,2013. (Mayor Becky Ames) Frank Messina,Jr. would be appointed as an alternate to the Planning and Zoning Commission. The term would commence April 12,2011 and expire April 11,2013. (Mayor Becky Ames) A. Authorize the City Manager to increase the Cattail Marsh Constructed Wetland Rehabilitation Project amount B. Approve an application for, and acceptance of,new funding for the Southeast Texas Auto Theft Task Force C. Authorize the City Manager to execute a Lease Agreement with the State of Texas for coastal public lands on the Neches River D. Authorize the City Manager to execute an agreement to participate in the Summer Food Service Program RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Beginning Expiration Appointment Commission of Term of Term Frank Messina, Jr., Planning and Zoning Commission 04/12/11 04/11/13 Alternate THAT the following reappointments be made: Beginning Expiration Reappointment Commission of Term of Term Frank Messina Convention and Tourism Advisory Board 04/12/11 02/15/13 Ann Rothkamm Convention and Tourism Advisory Board 04/12/11 02/10/13 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of April, 2011. - Mayor Becky Ames - A RICH WITH OPPORTUNITY IIEA,ill T • E • x - A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director MEETING DATE: April 12, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to increase the Cattail Marsh Constructed Wetland Rehabilitation Project amount. RECOMMENDATION The Administration recommends approval of increasing the contract with Brystar Contracting, Inc., of Beaumont for the Cattail Marsh Constructed Wetland Rehabilitation Project by the amount of$40,353.00. This increase will furnish the blasting and repainting of the aerial 72-inch diameter sanitary sewer line. BACKGROUND The wetlands have undergone major physical, chemical, and biological changes since they were built in 1990. These changes prohibit the wetlands from meeting the design criteria and discharge limits set by the Texas Commission on Environmental Quality (TCEQ). The Water Utilities Department has negotiated and agreed upon a 4.5-year waiver with the TCEQ regarding discharge limits provided the City rehabilitates the wetlands. The waiver protects the City from fines that can be issued by the TCEQ as a penalty for permit limit excursions. The change order proposed by the City does not compromise the agreement with the TCEQ nor the integrity of the design. Previous actions include: Resolution 07-369 in the amount of$12,894,000.00 was passed by the City Council on November 6, 2007. Resolution 07-369 in the amount of($3,212,387.72)was passed by City Council on November 6, 2007. Resolution 11-053 in the amount of$188,137.97 was passed by City Council on February 1, 2011. Cattail Marsh Constructed Wetland Rehabilitation April 12, 2011 Page 2 of 2 BUDGETARYIMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Three DATE: April 12 2011 PROJECT: City of Beaumont,Texas Cattail Marsh Constructed Wetland Rehabilitation OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Brystar Contractors,Inc. 8385 Chemical Road Beaumont,Texas 77705 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To furnish all labor,equipment,materials,supervision,and insurance as required to complete the painting of an aerial pipeline crossing. No correction in contract time(additional work days)is required in conjunction with this change. ORIGINAL CONTRACT AMOUNT: $12,894,000.00 AMOUNT OF CHANGE ORDER No.1 ($3,212,387.72) AMOUNT OF CHANGE ORDER No.2 $188,137.97 REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED CHANGE ORDERS No.1 and No.2 $9,869,750.25 THIS CHANGE ORDER Description: Net Change Furnish all necessary Labor,Equipment,Materials,Supervision,and Insurance as required to complete the cleaning and preparation of an aerial pipeline crossing, $40,353.00 application of a coat of rust treatment,a coat of primer,and a coat of acrylic polyurethane paint. TOTAL AMOUNT OF THIS CHANGE ORDER: $40.353.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $9,910,103.25 CONTRACT TIME Additional Time(Days)Requested/Granted: 0 Calendar Days 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 after it is properly executed." Recommended by: Approved by: Accepted by: Alan Plummer Associates,Inc. City of Beaumont Brystar Contracting,Inc. Engineer Owner Contractor Date: Date: Date: C:\WmktiWConwllantAA1a PI-AWetland Rebabililnlion\Change Cuter No 3 av RESOLUTION NO. WHEREAS, on November 6, 2007,the City Council of the City of Beaumont, Texas, passed Resolution No. 07-369 awarding a contract in the amount of$12,894,000 to Brystar Contracting,of Beaumont,Texas,for the Cattail Marsh Constructed Wetland Rehabilitation Project; and, WHEREAS, on November 6, 2007, the City Council of the City of Beaumont, Texas passed Resolution No. 07-369 for Change Order No. 1 in the amount of($3,212,387.72), thereby decreasing the contract amount to $9,681,612.28; and, WHEREAS, February 1, 2011, the City Council of the City of Beaumont, Texas passed Resolution No. 11-053 for Change Order No. 2 in the amount of $188,137.97, thereby increasing the contract amount to $9,869,750.25; and, WHEREAS, Change Order No. 3 in the amount of $40,353.00 is required to complete the painting of an aerial pipeline crossing,thereby increasing the contract amount to $9,910,103.25. 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. 3 for additional work described above, thereby increasing the contract amount by $40,353.00 for a total contract amount of$9,910,103.25. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of April, 2011. - Mayor Becky Ames - B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin Jr., Chief of Police MEETING DATE: April 12, 2011 REQUESTED ACTION: Council consider authorizing an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force RECOMMENDATION Administration recommends approval of an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force. BACKGROUND The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven personnel from the Beaumont Police Department, and one each from Jefferson County Sheriff's Office, Pt. Arthur Police Department and the Hardin County Sheriff's Office. Since the inception of the Task Force, motor vehicle thefts have decreased in Beaumont by 83.7% from 1721 in 1992 to 281 in 2009. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties. The Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and vehicle thefts, and public awareness, which uses media campaigns, training and public presentations to promote prevention techniques and awareness. The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since 1993. The Task Force is presently operating on$561,005 funded by the Texas Automobile Theft Prevention Authority. Participating agencies are also providing $232,781 in cash match, and $334,300 in"in-kind"match for a total project cost of$ 1,128,086. As a result of Title 43, Part III, Chapter 57 of the Texas Administrative Code, local government agencies may apply for one year funding for a State Grant through the Texas Automobile Burglary and Theft Prevention Authority. The grant cycle will begin on September 1, 2011 and end on August 31, 2012. BUDGETARYIMPACT The application for FY2012 is in the amount of$1,194,975. State funds in the amount of $624,870 are being requested from the Automobile Burglary and Theft Prevention Authority. The Beaumont Police Department will provide $176,525 on a cash match in the form of personnel benefits, fuel, and maintenance for vehicles, while other agencies will provide an additional $47,217 in cash match. An"in-kind"match of$346,363 will also be provided in the form of salaries for personnel. Revised 1/08 APPLICATION FOR STATE ASSISTANCE AUTOMOBILE BURGLARY&THEFT PREVENTION AUTHORITY ABTPA 1.For ABTPA Use Only 3.a.Date Submitted b.Applicant Identifier 2.State Program Classification(For ABTPA Use Only) 4.a.Date Received by State b.State Application Identifier 5.Applicant Information a. Legal Name: City of Beaumont c.Organized Unit: Beaumont Police Department b.Address(give street or P.O.Box,City,County,State,and Zip Code) d.Name and telephone number of person to be contacted on matters P.O. BOX 3827 involving this application(give area code) Beaumont,Jefferson County,Texas 77704 Lt.Chris Schuldt (408)842-6341 Ext. 1522 6.State Payee Identification Number: 7.Type of Applicant(enter the appropriate letter in box) 174000278900 [C) A. State H. Independent School District B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Nonprofit Organization G. Special District N. Other(specify): 8.Type of Application: 9.Name of Grantor Agency: L New IN Continuation L Revision Texas Automobile Burglary 8 Theft Prevention Authority 4000 Jackson Avenue If Revision,check appropriate box(es). Austin,Texas 78731 Phone: (512)374-5101 L Increase Award L Decrease Award L Other (specify) Fax: (512)374-5110 Website:www.bcwatchvourcar.com L Increase Duration L Decrease Duration 10.Title of Project: 11.Areas of Project Activities(Cities,Counties,States,etc.) Jefferson, Hardin,Orange,Jasper Counties and all Southeast Texas Auto Theft Task Force municipalities therein. 12.Proposed Project 13.is application subject to review by state executive order 12372 process? Start Date: September 1, 2011 YES,this application was made available to the Texas Review and Comment System (TRACS) Ending Date: August 31,2012 for review on Date 14.Funding Summary: ® NO. L Program is not covered by E.O.12372 Total of a,b,8 c must agree with d. Note: Please enter whole dollars for the amounts requested. a.Total State Grant Funds $ 624,870 L Program has not been selected by state for review Requested(ABTPA) 15.Is the applicant delinquent on any federal debt? b.Cash Match $ 223,742 c.In-Kind Match $ 346,363 L YES If"Yes"attach an explanation IN NO d.TOTAL(s) $ 1,194,975 16.To the best of my knowledge and belief,all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a.Typed name of Authorized Official b.Title c.Telephone Number Kyle Hayes City Manager (408)880-3708 d.Signature of Authorized Official e.Date Signed ABTPA-1 AUTOMOBILE BURGLARY&THEFT PREVENTION AUTHORITY DESCRIPTION OF PROPOSED PROJECT This section must include a brief description (not exceeding 200 words) of the proposed project. For continuation, if necessary, of any item on application page ABTPA-1. Identify by number the item being continued. This sheet may also be used for any other remarks, at the applicant's option. Description The Southeast Texas Auto Theft Task Force will be a multi-agency enforcement and crime- prevention unit encompassing all of Jefferson, Orange, Hardin and Jasper Counties. This project will endeavor to inform the public with crime prevention and educational programs aimed at the area population as well as target violators through various enforcement activities. Personnel participation will include officers from the Beaumont and Port Arthur Police Departments and the Jefferson and Hardin County Sheriffs Offices. We will work closely with Beaumont's DPS Criminal Investigations Agent. The governing body of the Task Force will consist of the department heads of the participating agencies. Other Remarks Our main goals are: 1. The reduction of motor vehicle theft in the project area by an estimated 2% from the total number of reported thefts for project year 2011, and 2. The reduction of auto burglaries in the project area from the number reported for project year 2011, and 3. To reach the local public and inform them of how they can assist in reducing auto related crimes through the use of a longstanding crime prevention and public awareness campaign that focuses on auto theft and auto burglary. Activities of the Project: These objectives support our main goals and provide a means by which the project can be measured by using specific data. These activities are: 1. Reach and inform the local public by conducting 65 crime prevention and public awareness activities that focus on auto theft and/or auto burglaries, 2. Continue to maintain our Task Force website to increase public awareness, accessibility and further crime prevention efforts, 3. Participate in 14 special operations — including details targeting vehicle theft and burglaries, as well as gathering of information and recov ry of stolen vehicles, 4. Conduct 30 inspections of salvage facilities and enforce the related laws, 5. Conduct 75 inspections of repair shops and enforce the related laws, 6. Respond to identifiable problems through targeted surveillance, operations, investigations and pro-active patrols to search for and recover stolen vehicles and Property. ABTPA-3 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 and accept supplemental funding in the amount of $624,870 through the Automobile Burglary and Theft Prevention Authority Fund for the Southeast Texas Auto Theft Task Force to provide crime prevention education . BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all documents necessary to apply for and accept said funding. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of April, 2011. - Mayor Becky Ames - c RICH WITH OPPORTUNITY r C T 0 E • x 0 A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer ) MEETING DATE: April 12, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Lease Agreement with the State of Texas for coastal public lands on the Neches River. RECOMMENDATION Administration recommends authorizing the City Manager to execute the renewal of a lease agreement with The State of Texas General Land office. BACKGROUND The proposed lease agreement is the renewal of an existing lease originally commencing on August 8, 1991. The lease provides for a public recreation facility on coastal public lands on the Neches River, adjacent to Collier's Ferry Park. The lease area is for a two-lane, reinforced concrete ramp and piers, situated on the Neches River at Collier's Ferry Landing. This ramp is a public boat ramp utilized by the citizens of Beaumont and extended community. The lease agreement requires that the Lessee maintain and/or repair any improvements on the premises. Additionally,the City agrees to hold the State harmless for any liability or damages arising out of the use of the lease. As consideration for the right to use the premises,the City of Beaumont agrees to pay the State an advance payment of Twenty-Five Dollars ($25.00) as a one- time application fee. No other consideration is required. The proposed lease agreement is unchanged from the prior agreement, except for the term of the new lease. In prior years each renewal term was for five (5) years; the State now wishes to enter into a ten (10) year lease. The lease was due to renew in June 2010 but was allowed to continue on a month-to-month basis by the State until a new contact person was in place and a new lease could be executed. This was due to the State having personnel and project assignment transitions. If approved, this lease renewal will commence on July 1, 2010 and expire on June 30, 2020. A copy of the proposed new lease in its substantial form is attached. BUDGETARYIMPACT The $25 application fee has been paid from the Parks and Property Services Division's operating budget. 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 renew the lease agreement with the State of Texas General Land Office for coastal public lands on the Neches River for a period of ten (10) years beginning July 1, 2010. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of April, 2011. - Mayor Becky Ames - TEXAS GENERAL LAND OFFICE w4P1, LAND W r+ 00 W STATE' COASTAL LEASE NO. CL940006 By virtue of the authority granted by Chapter 33 of the Texas Natural Resource Code, Title 31 of the Texas Administrative Code, all amendments thereto, all other applicable statutes, and subject to all rules and regulations promulgated pursuant thereto, the State of Texas (the "Grantor"), acting by and through the Commissioner of the General Land Office(the"GLO")as Chairman of the School Land Board (the"Board)on behalf of the Permanent School Fund (the "PSF"), hereby grants to the grantee (the "Grantee") named under the "Grantee Name" section of Attachment A, the Control Page, the right to use a tract of state-owned real property (the "Premises"), which property is described in the "Premises" section of Attachment A and further depicted in Attachment B, for the purposes described in this agreement(the"Agreement"). ARTICLE I: INTERPRETIVE PROVISIONS (a) The meanings of defined terns are equally applicable to the singular and plural forms of the defined terms; (b) The words "hereof," "herein," "hereunder," and similar words refer to this Agreement as a whole and not to any particular provision, section, Attachment, or schedule,unless otherwise specified; (c) The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Agreement, (i) references to agreements (including this Agreement) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Agreement; and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement; (e) All attachments within this Agreement, including those referenced by incorporation, and any amendments are considered part of the terms of this Agreement; CL940006 CUSTOMER ID:C000000876 cl newp.doc v.1.0 1 cbernhar EXHIBIT "A" (f) This Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; (g) Unless otherwise expressly provided, reference to any action of the Grantor or by the Grantor by way of consent, approval, or waiver shall be deemed modified by the phrase "in its/their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the Grantor shall not be unreasonably withheld or delayed; (h) All due dates and/or deadlines referenced in this Agreement that occur on a weekend or holiday shall be considered as if occurring on the next business day; (i) All time periods in this Agreement shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (j) Time is of the essence in this Agreement. ARTICLE II GRANTING CLAUSE 2.01 GRANTING CLAUSE In consideration of the payments stated in Article IV of this Agreement and other consideration stated therein, the receipt and sufficiency of which are hereby acknowledged, and according to the covenants and commitments herein agreed to be kept and performed by the Grantee, the Grantor grants to the Grantee the right to use the Premises for the purposes and under the conditions and obligations described in the following section of this Agreement. 2.02 SCOPE OF GRANTING CLAUSE The Grantee's use of the Premises is subject to compliance with the following covenants, obligations, and conditions: (a) Use The Premises may be used by the Grantee solely for those uses specified under the"Use(s)of Premises" section of Attachment A and for no other purpose. Except as otherwise provided in this Agreement, the Premises are to remain in their current topographical and hydrologic condition during the term of the Agreement. The Grantee is specifically prohibited from modifying the Premises in any manner not authorized in this Agreement and from using, or allowing the use by others, of the Premises for any other purpose. (b) Trash The Grantee shall be responsible for the removal and disposal of all trash at the Premises, whether or not such trash is generated by the Grantee or its guests and invitees. CL940006 CUSTOMER ID:C000000876 cl newp.doc v.1.0 2 cbernhar (c) Improvements i) The Grantee's right to use the Premises is exclusive as to those alterations, additions, and/or improvements located, or to be located, on the Premises (collectively the "Improvements"), as more specifically described under the "Use(s) of Premises" section of Attachment A and further depicted on Attachment B, and non-exclusive as to the remainder. The location of the Improvements shall become fixed as specified under Attachment B and shall not be changed except by a written amendment to this Agreement. Improvements existing prior to the execution of this Agreement are and shall remain the property of the Grantor; ii) Except as otherwise allowed in this Agreement, no construction, land modifications or excavation, or permanent property improvements may be allowed or undertaken without the Grantor's prior express written consent. The Grantee may not maintain or allow any nuisances or public hazards on the Premises, and shall be under a duty to abate or remove any activity or property constituting or contributing to a hazard or nuisance. The Grantee may file a criminal complaint or institute civil proceedings to protect his right of possession and leasehold interest in the Premises against trespass of other infringement of the Grantee's rights by third parties. The Grantee is specifically prohibited from using or allowing the use by others of the Premises for any purpose not stated herein, including, but not limited to, mining, hauling, or otherwise removing rock, sand, gravel, aggregate, or other such materials, without the Grantor's prior express written approval; iii) Prior to undertaking construction or installation of Improvements on the Premises, the Grantee shall provide written notice of the terms of this Agreement to each person or entity authorized by the Grantee to perform any such activity on its behalf. If a dispute arises concerning construction or installation of the Improvements, the Grantee shall provide the Grantor with a copy of all applicable notices within ten (10) days of the Grantor's written request; iv) The Grantee, in its sole cost and expense, shall make, and be solely responsible for, any repairs, maintenance, or replacements to the Improvements that the Grantor considers necessary or as required by this Agreement. If the Grantee fails or refuses to honor such a request, or in case of an emergency, the Grantor may make such repairs, maintenance, renewals, or replacements. THE GRANTEE WAIVES ANY CLAIM FOR DAMAGE CAUSED THEREBY AND IS LIABLE TO THE GRANTOR FOR ANY COSTS INCURRED; V) Prior to expiration of this Agreement or upon notice of termination, the Grantee shall remove all of the Improvements, remove any resulting debris, and pay Grantor all monies due. The grantee shall take whatever measures are necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any Improvements. If the Grantee fails to comply with this provision, the Grantor shall have the right to perform the work, in which event the Grantee shall be liable to the Grantor for all cost, loss, and damage incurred by the Grantor; vi) Notwithstanding the preceding, pursuant to Title 31 of the Texas Administrative Code, the Grantor may waive the removal/restoration requirements in this Section if, CL940006 CUSTOMER ID:C000000876 el newp.doc v.1.0 3 cbemhar in the Grantor's sole opinion and discretion, such waiver is in the best interest of the State. Any such waiver shall be in writing and may be conditioned upon factors including the nature and sensitivity of the natural resources in the area, potential damage to or destruction of property, beneficial uses of the existing improvement(s), and other factors considered to be in the best interest of the State; and vii) Grantee shall insure that all Improvements constructed, placed, or operated by it on the Premises are visible to operators of marine craft at all times. Grantee shall further take any and all steps necessary to insure that Improvements constructed, placed, or operated by it on the Premises do not constitute a hazard to operators of marine craft. Grantee may not restrict or prevent other persons from access to navigating open, navigable waters. (d) Special conditions The Grantee shall adhere to the special conditions, if any, listed under the "Special Conditions" section of Attachment A. 2.03 AS IS THE GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS THE SAME "AS IS," IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION OF THE GRANTOR WITH RESPECT TO THE CONDITION OF THE PREMISES,BUT IS RELYING ON THE GRANTEE'S OWN INSPECTION OF THE PREMISES. THE GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER EXPRESS OR IMPLIED WARRANTY NOT EXPRESSLY SETFORTH IN THIS AGREEMENT. THE USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS AGREEMENT IS FREE OF LIENS, ENCUMBRANCES, AND/OR PRIOR RIGHTS. THE GRANTEE IS PUT ON NOTICE THAT OTHER GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD, AND THE GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GLO AND RECORDS OF THE COUNTY IN WHICH THE PREMISES ARE LOCATED. 2.04 RESERVATIONS The Grantor reserves the full use of the Premises and all rights with respect to its surface and subsurface for any and all purposes except for those granted to the Grantee. The aforementioned reserved full use of the Premises by the Grantor includes the right of ingress, egress, and use of the Premises by the Grantor, its officers, agents, representatives, employees, and other authorized users for any authorized purpose. 2.05 RIGHT OF ENTRY (a) In any circumstances where the Grantor is granted a right of entry on the Premises during the term of the Agreement, no such entry shall constitute an eviction or disturbance of the Grantee's use and possession of the Premises, a breach by the Grantor of any of its obligations hereunder, render the Grantor liable for damages for loss of business or otherwise, entitle the Grantee to be relieved from any of its obligations hereunder, grant the Grantee any right of off-set or recoupment, or other remedy. CL940006 CUSTOMER ID:C000000876 cl newp.doe v.LO 4 cbenihar (b) In exercising any right of entry, the Grantor agrees to exercise its right of entry only at reasonable times (except in an emergency) for purposes of inspection, repair, and as necessary to protect the State's interests, and the Grantor agrees not to unreasonably interfere with the Grantee's authorized use of the Premises. The Grantee shall provide the Grantor with keys or combinations to all locks that may limit access to the Premises. (c) Further, the Grantee authorizes the State, its officers, agents, representatives, and employees to access the Premises over and across Grantee's Adjacent Property. Grantor agrees to use the Adjacent Property only to the extent and for the length of time necessary to provide access to and from the Premises. The foregoing authorization creates a license only, and does not create an easement over the Adjacent Property. (d) Grantee acknowledges that Grantor's right of ingress and egress shall remain in effect as long as any improvements placed on the Premises by Grantee remain on the Premises and/or as necessary for Grantor to confirm the removal (in whole or in part) of those improvements. (e) Any aforementioned right of entry shall survive the termination of this Contract. 2.06 DAMAGE OR DESTRUCTION OF PREMISES AND/OR IMPROVEMENTS No damage to the Premises, or damage to or destruction of any Improvements, shall in any way alter, affect, or modify the Grantee's obligations under this Agreement. In the event any such damage or destruction exceeds the cost listed under the"Cost of Damage" section of Attachment A per event to repair, the Grantee shall give written notice to Grantor within seven(7) calendar days of the damage or destruction, including a description of the damage or destruction and, as far as known to the Grantee, the cause of the damage or destruction. The Grantee shall immediately remove all debris resulting from such damage or destruction and take such action as is necessary to place the Premises in a neat, safe condition. Within 90 days of the event causing the damage or destruction, the Grantee must either repair or replace the Improvements, if permitted by law, or return the Premises to their natural condition. The Grantor may make repairs or replacements pursuant to this section, whereupon the Grantee shall be liable to pay the Grantor, upon demand, the cost and expense incurred in accomplishing such action. Any failure by the Grantee to make such payment to the Grantor may be treated by the Grantor as an Event of Default. ARTICLE III: TERM The effective date and termination date of this Agreement are specified under the "Effective and Termination Dates" section of Attachment A, unless renewed or earlier terminated as provided herein. Unless otherwise specified herein, renewal of this Agreement is at the sole discretion of the Grantor. ARTICLE IV: CONSIDERATION The Grantee shall pay, in consideration of the mutual covenants and agreements set forth in this Agreement, the payment(s) and/or fee(s) listed under the "Payment(s) and/or Fee(s)" section of Attachment A on or before the due date. CL940006 CUSTOMER ID:C000000876 cl newp.doc v.l.0 5 cbemhar ARTICLE V:EVENTS OF DEFAULT 5.01 EVENTS OF DEFAULT With respect to the Grantee, it shall be an event of default hereunder ("Event of Default") if: (a) the Grantee fails or refuses to timely pay Consideration or any other payments required by this Agreement after it becomes due; (b) the Grantee fails or refuses to comply, timely perform, or observe any of the covenants, duties, obligations, and/or conditions under this Agreement; (c) the Grantee abandons or vacates the Improvements, the Premises, or any significant portion thereof, (d) there is an entry of a court order requiring the dissolution, winding up, or termination of the Grantee's business affairs; or (e) the Grantee fails to materially comply with rules and regulations in the Texas Administrative Code, the Texas Natural Resources Code, or any other rules or regulations promulgated by any state or federal governmental entity with proper jurisdiction over any of the uses permitted under this Agreement, unless such a failure to comply is redressed through an enforcement action by an applicable state agency with proper jurisdiction. 5.02 NOTICE AND CURE There shall be no consequences for an Event of Default under this Agreement, unless the defaulting party receives written notice of the Event of Default and such Event of Default continues for a period of 30 days after the defaulting party receives the notice. A notice of Event of Default shall specify the event or events constituting the default. This 30 day period shall be extended if the act, event, or condition is one that by its nature or circumstances reasonably requires more than 30 days to cure; provided, however, the defaulting party shall promptly and in good faith initiate and diligently pursue measures that are expected to cure or eliminate the Event of Default in a reasonable period of time. If either party fails to cure an Event of Default, the non-defaulting party shall be entitled to terminate this Agreement by written notice. This notice and cure provision does not apply to an Event of Default under provision 5.01(a) or any emergency situations that affect public health or safety. 5.03 CUMULATIVE RIGHTS AND REMEDIES;NO WAIVER If an Event of Default occurs and the Grantee fails to cure within the period provided above, the Grantor may, at its option, do any one or more of the following: (a) terminate this Agreement by sending written notice of such termination, in which event the Grantee shall immediately surrender possession of the Premises to the Grantor (such termination shall not prejudice the rights of the Grantor for any claim of payments due); (b) enter upon and take possession of the Premises and expel or remove the Grantee and any other occupant, with or without having terminated the Agreement; or CL940006 CUSTOMER ID:C000000876 cl newp.doc v.1.0 6 cbe char (c) alter locks and other security devices,if any,at the Premises. The failure of either the Grantee or the Grantor to insist at any time upon the strict observance or performance of any of the provisions of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any other right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. Every right and remedy given by this Agreement to the Grantee or the Grantor may be exercised from time-to-timc and as often as may be deemed expedient by the Grantee or the Grantor, as the case may be. In an Event of Default, the Grantor shall have the option, but not the obligation,to mitigate its damages. ARTICLE VI: GENERAL TERMS:,CONDITIONS,AND EXCEPTIONS 6.01 ASSIGNMENT The Grantee shall not assign or otherwise dispose of an interest in this Agreement or the Premises without the express prior written consent of the Grantor; and any attempt to assign or otherwise dispose without consent shall be void and of no effect. This prohibition against assigning; or disposition shall be construed to include a prohibition against any assignment or disposition by operation of law. If this Agreement is assigned, or if an interest in this Agreement or the Premises is disposed of, the Grantor may nevertheless collect Consideration from the assignee and apply the net amount collected to the Consideration payable hereunder. No such transaction or collection of Consideration shall release the Grantee from the further performance of its covenants, duties, and obligations. 6.02 INDEMNITY EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE GRANTOR, TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS TIIE GRANTOR AND THE GRANTOR'S OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM ANY LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST Aid, OF THE AFOREMENTIONED) ARISING IN CONNECTION WITH: • THIS AGREEMENT; • THE USE OR OCCUPANCY OF THE PREMISES; • ANY NEGLIGENCE, ACT, OMISSION, NEGLECT, OR MISCONDUCT OCCURRING IN, ON, OR ABOUT THE PREMISFS;OR • ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER FEDERAL OR STATE WORKERS' COMPENSATION LAWS, TIIE TEXAS TORT CLAIMS ACT, OR ANY OTHER SUCH LAWS. THE GRANTEE ASSUMES RESPONSIBILITY:FOR THE CONDITION OF THE PREMISES. THE GRANTEE EXPRESSLY AGREES TO USE AND OCCUPY THE PREMISES AND PLACE ANY IMPROVEMENTS ON THE PREMISES AT ITS OWN RISK. THE GRANTEE SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS EMPLOYEES, CUSTOMERS, AND INVITEES. THESE REQUIREMENTS SHALL SURVIVE THE TERM OF THIS AGREEMENT UNTII, ALL CLAIMS HAVE BEEN SETTLED OR RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN FURNISHED TO THE GRANTOR. C:L940006 CUSTOMER ID:C(N)OD00 876 c1 newp.doc v.1.0 7 cbernhar 6.03 PROTECTION OF NATURAL AND HISTORICAL RESOURCES (a) Unauthorized Discharge The Grantee shall use the highest degree of care and all appropriate safeguards to prevent pollution of air, ground, or water in, on, or about the Premises through an unauthorized discharge, and to protect and preserve natural resources and wildlife habitat. In the event of such discharge or damage to natural resources in, on, or about the Premises that is the result of an act or omission of the Grantee, its officers, employees, agents, representatives, contractors, and/or invitees, the Grantee shall immediately notify appropriate agencies of the State of Texas and the Grantor and undertake all required and appropriate action to remedy the same. The Grantee shall be liable for all damages to the Premises, public lands, and waters as a result of such act or omission and for mitigation of any such damages. (b) Natural Historical Preservation Act and Antiquities Code of Texas THE GRANTEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 AND THE ANTIQUITIES CODE OF TEXAS. IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT, OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL, OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS AGREEMENT, THE GRANTEE SHALL IMMEDIATELY CEASE SUCH ACTIVITIES AND SHALL IMMEDIATELY NOTIFY THE GRANTOR AND THE TEXAS HISTORICAL COMMISSION, SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS,AS APPROPRIATE. 6.04 COMPLIANCE WITH OTHER LAWS;NUISANCE The Grantee, at its own expense, will comply with all federal, state, municipal, and other laws, codes, ordinances, rules, and regulations applicable to the Premises; and will install, remove, and alter such equipment and facilities in, and make such alterations to, the Premises as may be necessary to comply. The Grantee will not make any unlawful use of the Premises or permit any unlawful use thereof, and will not commit, or permit anyone else to commit, any act that is a nuisance or annoyance to the Grantor or adjacent property owners or tenants, or which might, in the exclusive judgment of the Grantor, damage the Grantor's goodwill or reputation, or tend to injure or depreciate the value of the Premises and/or any Improvements located thereon. The obligations of the Grantee under this Section shall survive any termination of this Agreement. 6.05 NOTICE (a) The Grantee shall provide written notice to the Grantor of any change in the Grantee's name, address, corporate structure, legal status or any other information relevant to this Agreement. The Grantee shall provide to the Grantor any other information reasonably requested by the Grantor in writing within 30 days following such request. (b) Any payments and required written notices under this Agreement shall be delivered by hand, facsimile, or United States Registered or Certified Mail, adequate postage prepaid, to the address(es) listed under the "Address(es) for Notification" section of Attachment A. A party may change its address by giving notice as provided above. No change of address shall be binding until notice of such change of address is given as required. CL940006 CUSTOMER ID:C000000876 cl nmp.doc v.LO 8 cbemhai 6.06 SF,VFRABILITY If any provision contained in this Agreement is held to be unenforceable by a court of law or equity, this Agreement shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of this Agreement unenforceable. 6.07 ENTIRE AGREF.MF.NT This Agreement and its attachments constitute the entire agreement of the parties and such are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless an attachment to this Agreement specifically displays a mutual intent to amend a particular part of this Agreement, general conflicts in language between any such attachment and this Agreement shall be construed consistently with the terms of this Agreement. Unless otherwise expressly authorized by the terms of this Agreement, no modification, renewal, extension, or amendment to this Agreement shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto. 6.08 TAXES The Grantee shall, as further consideration for this Agreement, pay and dischar$e all "Taxes" (as hereinafter defined) properly assessed in any calendar year (or portion thereof) during the term of this Agreement. For the purposes of this Agreement, the term"Taxes"means all taxes, assessments, impositions, levies, charges, excises, fees, licenses, and other sums (whether now existing or hereafter arising, whether foreseen or unforeseen, and whether under the present system of taxation or some other system), that during the tern of this Agreement may be levied:, assessed, charged,or imposed by any governmental authority or other taxing authority or accrue on the Premises and any Improvements or other property thereon, whether belonging to the Grantor or the Grantee, or to which either of them may become liable in relation thereto. The tern "Taxes" shall also include all penalties, interest, and other charges payable by reason of any delay or failure or refusal of the Grantee to make timely payments as required pursuant to this provision. TO THE EXTENT ALLOWED BY LAW,TuF GRANTEE AGREES TO AND SHALI. INDEMNIFY AND HOLD THE GRANTOR HARMLESS FROM LIABILITY FOR ANY AND ALI, TAXES, TOGETHER WITH ANY INTEREST, PENALTIES, OR OTHER SLIMS IMPOSED, AND FROM ANY SALE OR OTHER PROCEEDING TO ENFORCE PAYMENT 'THEREOF. 6.09 ENCUMBRANCF OF INTEREST The Grantee may not mortgage, hypothecate, encumber, or grant any deed of trust or security interest that encumbers the Premises. Further, the Grantee may not collaterally assign any rent or other income generated from the Premises. Prior to expiration or termination of this Agreement, the Grantee will provide the Grantor with documentation sufficient to evidence the Grantor's ownership of the Improvements not required to be removed per Article 11. 6.10 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Agreement on its behalf has full power and authority to enter into this Agreement. C1,940006 CUSTOMER ID:C000000876 cl newh.dnc v.l.0 9 chemhar 6.11 RELATIONSHIP OF THE PARTIES Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create for the Grantor any liability whatsoever with respect to the indebtedness, liabilities, and obligations of the Grantee or any other party. 6.12 GRANTEE'S WAIVER OF CERTAIN RIGHTS AND ASSERTIONS The Grantee waives and relinquishes all rights that the Grantee might have to claim any nature of lien against the Grantor and the Premises, or withhold or deduct from or offset against any Consideration or other sums provided hereunder to be paid to the Grantor by the Grantee. The Grantee waives and relinquishes any right, either as a claim or as a defense, that the Grantor is bound to perform or is liable for the nonperformance of any implied covenant or implied duty of the Grantor not expressly set forth in this Agreement. IN TESTIMONY WHEREOF,witness my hand and the Seal of Office, GRANTOR: THE STATE OF TEXAS By: APPROVED- JERRY F. PATTERSON Contents: (i�J D Commissioner, General Land Office Legal: Chairman, School Land Board Deputy: Date: Executive: CL940006 CUSTOMER ID:C000000876 cl newp.doc v.1.0 10 cbernhar GRANTEE: City Of Beaumont By: (Signature) (Printed Name) (Title) Date: ACKNOWLEDGMENT STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of , 20 ,by (Grantee or Agent Representative). (Notary Signature) Notary Stamp Notary Public, State of My commission expires: INFORMATION COLLECTED BY ELECTRONIC MAIL AND BY WEB FORMIS SUBJECT TO THE PUBLIC INFORMATIONACT, CHAPTER 552, GOVERNMENT CODE. CL940006 CUSTOMER ID:C000000876 ATTACHMENT A: CONTROL PAGE GRANTEE'S NAME City Of Beaumont PREMISES A portion of the Neches River, Jefferson County, Texas (the "Premises"). The Premises are further described and depicted on Attachment B attached hereto and incorporated herein by reference. USE(S)OF PREMISES Authorized Use(s) of the Premises: A public wood piling pier consisting of 4' X 49', 6' X 49', 4' X 50', 5' X 89', 5' X 13', 5' X 95' and two (2) 4' X 31' walkways comprising a total encumbrance of 1,923 square feet; and a 4' X 20' area of no-fee rirpap encumbering an additional 80 square feet; and two (2) 19' X 30' concrete boat ramps encumbering an additional 1,140 square feet; and a 5' X 95' and a 13' X 84' area of fill encumbering an additional 1,567 square feet, for a total project encumbrance of 4,710 square feet of coastal public land. SPECIAL CONDITIONS 1. Grantee is specifically prohibited from using or permitting the use of the Premises for any commercial or illegal purpose. Provided the Grantor does not unreasonably interfere with Grantee's use of the Premises, the Grantor may use or permit the use of the Premises for any purpose consistent with Grantee's use of the Premises. COST OF DAMAGE Five Thousand and No/100 Dollars ($5,000) per event. EFFECTIVE AND TERMINATION DATES This Agreement is for a total period of ten (10) years, effective on July 1, 2010, and terminating on June 30, 2020. PAYMENT(S)AND/OR FEE(S) Grantee and Grantor acknowledge that no rental fees shall be assessed for the described use of the premises, while Grantee is not in default of the terms agreed upon herein. Grantor further acknowledges the receipt of the appropriate contract application and processing fees. ADDRESS(ES)FOR NOTIFICATION Grantor's Contact Information Name: Texas General Land Office Title: Deputy Commissioner, Professional Services Address: 1700 N. Congress Ave. Address: Austin, Texas 78701-1495 Grantee's Contact Information Name: City Of Beaumont Address: PO Box 3827 Address: Beaumont, TX 77704-3827 CL940006 ATTACHMENT B: C L940006 Neches River Jefferson County River Flow Walkway Walkway Walkway Walkway (4 ft.X49 ft) (4 ft.X50 ft.) 4ft. 4ft. -6ttHWM• oft. Eft. 4ft. z r rn r _ _ v n m -3 ft.HWM Natural shoreline) ra 30 ft --30 ft m Bald press trees Approximate State Ri P P -2.5 ft.HWM >. B (4 ft.X20 ft. t--• m n ` m a = r Walkway(5 ft X 95 ft) Cattails (Taxodium disticha) dary Walkway(5ft X89ft) � i s E _ 47 -.+3 ft.HWM' Fill .. _ c m � � r s '� .._(t3 ft X 84ft).......... ... � �.Un° U� s a p .11 ft HWM Wood bulkhead (5 ft.X 95 ft.) '+0 ft.HWM Wood bullkhead Walkway (s ft.X 13 ft.) �•--•--------•--•Approx.t,D.ft.in to scale)----------------� Approximate State I Boundary Ic cl a Collier's Ferry Recreational Area o 1 a ai Plat D-28,Tract 20-A, H. Williams Jr. LGE, Collier's Ferry Park Title: City of Beaumont CL940006 Date of Inspection: 4-01-10 Company: Texas General Land Office Creator: Sam Floyd Scale: 1 in. Equals 40 ft. Attachment B D RICH WITH OPPORTUNITY BEAUMON* T - Z - x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ryan Slott, Interim Parks and Recreation Director �G MEETING DATE: April 12, 2011 REQUESTED ACTION: Council consider authorizing the City Manger to execute an agreement to participate in the Summer Food Service Program. RECOMMENDATION The Administration recommends approval. BACKGROUND Since 1992 the City has participated in the Summer Food Service Program with funding provided by the U.S. Department of Agriculture through an agreement with the Texas Department of Agriculture. An application agreement, signed by the City Manager, is required for participation. The proposal for this summer will generally provide about 1,052 lunches per day, Monday through Friday, from June 6th to August 12th. The program will operate from 10 locations throughout the city(please see attachment). The Parks and Recreation Department, which oversees the program, will sponsor a variety of games and activities, suitable for each site, to make it an enjoyable experience for the children. This program is well established and helps ensure the well-being of the children within our community. BUDGETARY IMPACT The program provides a fixed payment for each meal served that is intended to cover the majority of the food costs. The estimated program costs will be determined after bids are taken. Last year, the City's cost was about $25,806 or 21 percent of the total food cost. Summer Food Program Proposed Locations 2011 Central Park 640 South Fourth Sprott Park 4325 Usan Roberts Park 2755 Ave C Alice Keith Park 4050 Reed S.E.Texas Family Resource Center 2060 Irving Magnolia Park 2930 Gulf Concord Homes Apts. 2020 Cottonwood Pointe North 3710 Magnolia Ave. Northridge Apts. 4155 Maida Cathedral of Faith Bapt.Church 3210 Elmira RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an agreement with the Texas Department of Agriculture in order for the City of Beaumont to participate in the Summer Food Service Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of April, 2011. - Mayor Becky Ames - AIDS WITS OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 12,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase H Project 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: Starvin Marvins Bar and Grill LLC vs. City of Beaumont, et al,Cause No. E-0189628 Beaumont Police Officers Association vs. City of Beaumont, Texas, et al, Cause No. E-187, 102; and, Beaumont Police Officers Association, et al vs. City of Beaumont,et al, Cause No. A-0186653 SITE VISIT * City Council Tour of Event Center Project Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 April 12,2011 Consider authorizing the City Manager to execute a contract for the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase II Project 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, P.E., Water Utilities Director MEETING DATE: April 12, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute a contract for the Sanitary Sewer System Improvements 60- Inch Trunk Outfall Rehabilitation Phase II Project. RECOMMENDATION The Administration recommends approval of executing a contract with Allco, Ltd., Beaumont, Texas, in the amount of$2,662,466.00. BACKGROUND The Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase II Project will install approximately 7,225 linear feet of 54-inch Pipe, remove and replace twenty(20) manholes, furnish and install two (2) new manholes, clean and televise the existing 60-inch reinforced concrete pipe before construction and televise the new pipe after installation. The existing sanitary sewer line extending from Lafin Road to Washington Boulevard was installed in 1953. The existing line has deteriorated and requires major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer line, restore the carrying capacity,provide customers with uninterrupted and adequate service and meet the requirements of the Texas Commission on Environmental Quality. The MBE participation will be with All American Construction Supply of Beaumont, Texas for $903,125.00, which represents 33.90 percent of the total bid. BUDGETARYIMPACT Funds for the project are available in the Capital Program. • k 1 • } Now _Iillllllll�lllllllllilll �. �1= =IIIS�lllll 1111111111111 Ills. ` X111111 = 11111!!!1111 1111111111111 1111 1111► 1111111 = 11111111111111111111 1111111111 x,11111 1111111111111111 1111 1111111 1111111111111 1111111111 1111111111 �11111� 1111111111111111 JIII 1111111 s��!��1111111 IIIIIIIIII 1111111111 II, I 111���1111111/,� i �III11111111■ _�, 111111111111111 1111 1111111 1111111111111 111111111 1111111111 IIII �illl���1111� =r 111111111111111 1111 1111111 [if II!l1111 111111111 1111111111 11111 ■ �11111111111� � 1 1111 111 1111 111111 N— fiIIIIIIIIIIIII11 fill 111111 IIIR�11111Iilllllll HIM ■1111 IIIIIIIIIIIIIIIII 1111 111111 1111111111111 IIIIIIIIII 11111 �' 1111111�����'�11' IIII 111111 1111111111111 IIIIIIIIII --• .7 ► CITY OF BEAUMONT SCB11 RULE OF M1 3E PAS.TICOATION (SCHEDTJLE Q Date of Report 4-4-2011 Department SANITARY-S T—Sy STEM r Project No. Zl'n�'+ - - M1 TRUM` ALLCO Location A�� FsATION Total Contract Amount $ 2,662►466.00 Name of Prime Contractor/Proposer TYPE OF WORK(ELECTRICAL,PAl L TG,ETC.) PROJECTED NAME OF MINORITY AND CONTRACT ITEMS OR PARTS THEREOF COMMENCEMENT;& ': AGREED CONTRACTOR ADDRESS - TO' E PERFORMED. ;COMPLEI-ION':Dt4 AUL AMERICAN BEAUMONT 'TEXAS PIPING MATERIALS 'IBA $903,125.00 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. Any business listed above must have Schedule A on file with the City. 2. Schedule C is to be included with bid,and resubmitted at 500/6 and 100%of project completion. (" T.W. HARR uU PRESInENT Title 37 �P�E 0�•TF`,�1 •' (P �j �........................ * / BID TABULATION %•„AMALIA VILLARRE!L SANITARY SEWER SYSTEM IMPROVEMENTS 60-INCH TRUNK OUTFALL REHABILITATION PHASE II ' •t•����•�•�•"" AL BID OPENING DATE:THURSDAY,March 24,2011 at 2:00 P.M. �I 3 a 90340 •••�'••••� The Bid Proposals submitted have been reviewed and to the best of my ••` • , knowledge this is a accurate tabulation of the bi s received. +�� •C f N S�oi••���,f \ IFS •...• ��; 1�\��ON A L ENG� Amalia Villarreal,P.E.Water Utilities Engineer Date:3/24/2011 ITEM NUMBER QUANTITY ALLCO,LTD. HORSESHOE BRY STAR CONTRACTING DESCRIPTION BEAUMONT,TEXAS CONSTRUCTION,INC. INC. T.W.HARRISON LA PORTE,TEXAS BEAUMONT,TEXAS JAMES HOLT BRYAN PHELPS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE ITEM NO. I 1 Mobilization costs. TOTAL $62,000.00 $62,000.06 $40,000.00 $40,000.00 $65,000.00 $65,000.00 ITEM NO,2 7,225 Furnish and install 54"PN 0/SN 46 Hobas pipe OR Flowtite pipe. � $_66.00 $1,921,850.00 $240.00 $1,734,000.00 $272.00 $1,965,200.00 ITEM NO.3 1 Clean and televise the existing 60"RCP before construction and televise after installation of the new pipe $240,000.00 $240,000.00 $130,000.00 $130,000.00 $275,000.00 $275,000.00 ITEM NO.4 1 At station 11+50 tie the new 54"PN 0/SN 46 Hobas sanitary sewer line to the existing 54"Hobas pipe. $7,700.00 $7,700.00 $5,000.00 $5,000.00 $22,000.00 $22,000.00 ITEM NO.5 25 At station 14+38 furnish and install 8"HDPE SDR-17 pipe ITEM NO.6 20 At station 20+05 furnish 63.00 $1,575.00 $100.00 $2,500.00 $60.00 ish and install 8"HDPE SDR-17 pipe $1,500.00 ITEM NO.7 $63.00 $1,260.00 $100.00 $2,000.00 $60.00 $1,200.00 10 At station 31+47 furnish and install 8"HDPE SDR-17 pipe ITEM NO.8 25 At station 51+23 furnish and install 6"HDPE SDR-17 pipe $144.00 $1,440.00 $120.00 $1,200.00 $60.00 $600.00 ITEM NO.9 15 At station 56+52 furnish 58.00 $1,450.00 $100.00 $2,500.00 $55.00 ish and install 10"HDPE SDR-17 pipe $1,375.00 ITEM NO. 10 35 At station 58+31 furnish 100.00 $1,500.00 $150.00 $2,250.00 $70.00 ish and install 8"HDPE SDR-17 pipe $1,050.00 ITEM NO. 11 30 At station 61+86 fumish and install 8"HDPE SDR-17 pipe $48.00 $1,680.00 $105.00 $3,675.00 $60.00 $2,100.00 ITEM NO. L 30 At station 65+92 furnish 55.00 $1,650.00 $100.00 $3,000.00 $60.00 ish and install 6"HDPE SDR-17 pipe $1,800.00 ITEM NO. 13 35 At station 65+92 furnish 50.00 $1,500.00 $105.00 $3,150.00 $55.00 ish and install IS"HDPE SDR-17 pipe $1,650.00 ITEM NO. 14 $58.00 $2,030.00 $150.00 $5,250.00 $95.00 $3,325.00 10 At station 74+31 fumish and install 12"HDPE SDR-17 pipe ITEM NO. IS 30 At station 80+g1 159.00 $1,590.00 $115.00 $1,150.00 $85.00 ish and install 8"HDPE SDR-17 pipe $850.00 ITEM NO. 16 5 Connect existing 6"PVC lateral to new manhole $77.00 $1,540.00 $115.00 $2,300.00 $60.00 $1,200.00 $500.00 $2,500.00 $1,500.00 $7,500.00 $700.00 $3,500.00 Page 1 of 6 BID TABULATION SANITARY SEWER SYSTEM IMPROVEMENTS 60-INCH TRUNK OUTFALL REHABILITATION PHASE II BID OPENING DATE:THURSDAY,March 24,2011 at 2:00 P.M. The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. By: Amalia Villarreal,P.E.Water Utilities Engineer Date.3/24/2011 ALLCO,LTD. HORSESHOE BRYSTAR CONTRACTING ITEM NUMBER QUANTITY DESCRIPTION BEALIMONT,TEXAS CONSTRUCTION,INC. INC. LA PORTE,TEXAS BEAUMONT,TEXAS T.W.HARRISON JAMES HOLT BRYAN PHELPS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 17 8 Connect existing 8"PVC lateral to new manhole $525.00 $4,200.00 $1,000.00 $8,000.00 $800.00 $6,400.00 ITEM NO. 18 1 At station 82+75 tie the new 54"Hobas/Flowtite sanitary sewer line to the existing 60" $5,175.00 $5,175.00 $5,000.00 $5,000.00 $22,000.00 $22,000.00 Hobas pipe ITEM NO. 19 20 Replacement of sanitary sewer manholes using Hanson pipe manholes $16,350.00 $327,000.00 $30,000.00 $600,000.00 $20,000.00 $400,000.00 ITEM NO.20 2 Installation of new sanitary sewer manholes using Hanson pipe manholes $16,350.00 $32,700.00 $30,000.00 $60,000.00 $19,000.00 $38,000.00 ITEM NO.21 1 Replacement of existing 4"short side service connections to new manhole with 4"PV $825.00 $825.00 $2,750.00 $2,750.00 $600.00 $600.00 Schedule 40 pipe ITEM NO.22 1 Replacement of existing 4"short side service connections to new 54"Hobas or Flowtit $1,850.00 $1,850.00 $2,750.00 $2,750.00 $700.00 $700.00 pipe with 4"PVC Schedule 40 pipe ITEM NO.23 1 Replacement of existing 4"long side service connections to new manhole with 4"PVC $1,600.00 $1,600.00 $3,250.00 $3,250.00 $900.00 $900.00 Schedule 40 pipe ITEM NO.24 1 Replacement of existing 4"long side service connections to new 54"Hobas or Flowtite $2,100.00 $2,100.00 $3,250.00 $3,250.00 $1,000.00 $1,000.00 pipe with 4"PVC Schedule 40 pipe ITEM NO.25 2 Perform a point repair up to 20'in length according to Specification Item Number 2553 $16,550.00 $33,100.00 $15,000.00 $30,000.00 $5,800.00 $11,600.00 ITEM NO.26 1 Abandon existing manhole in place $2,150.00 $2,150.00 $2,500.00 $2,500.00 $800.00 $80000 ITEM NO.27 1 Trench Safety Plan sealed by a Texas Registered Engineer. $500.00 $500.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 ITEM NO.28 1 Trench Safety System according to Specification Item Number 712 $1.00 $1.001 $5,000.00 $5,000.00 $7,000.00 $7,000.00 TOTAL BID $2,662,466.00 $2,672,975.00 $2,837,350.00 Page 2 of 6 BID TABULATION SANITARY SEWER SYSTEM IMPROVEMENTS 60-INCH TRUNK OUTFALL REHABILITATION PHASE 11 BID OPENING DATE:THURSDAY,March 24,2011 at 2:00 P.M. HUFF&MITCHELL,INC. REYTEC CONSTRUCTION S.J.LOUIS CONSTRUCTION, ITEM QUANTITY DESCRIPTION CYPRESS RESOURCES,INC. LTD. NUMBER ,TEXAS HOUSTON,TEXAS MANSFIELD,TEXAS JAMES P.HUFF GREGG T.REYES LES WHITMAN UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 I Mobilization costs. $75,000.00 $75,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 ITEM NO.2 7,225 Furnish and install 54"PN 0/SN 46 Hobas pipe OR Flowtite pipe. $381.00 $2,752,725.00 $245.00 $1,770,125.00 $480.00 $3,468,000.00 ITEM NO.3 1 Clean and televise the existing 60"RCP before construction and televise after $180,000.00 $180,000.00 $800,000.00 $800,000.00 $40,000.00 $40,000.00 installation of the new pipe. ITEM NO.4 1 At station 11+50 tic the new 54"PN 0/SN 46 Hobas sanitary sewer line to the existing 54"Hobas pipe. $15,000.00 $15,000.00 $15,000.00 $15,000.00 $3,500.00 $3,500.00 ITEM NO.5 25 At station 14+38 furnish and install 8"HDPE SDR-17 pipe $40.00 $1,000.00 $200.00 $5,000.00 $10.00 $250.00 ITEM NO.6 20 At station 20+05 furnish and install 8"HDPE SDR-17 pipe $40.00 $800.00 $200.00 $4,000.00 $10.00 $200.00 ITEM NO.7 10 At station 31+47 fumish and install 8"HDPE SDR-17 pipe $40.00 $400.00 $200.00 $2,000.00 $10.00 $100.00 ITEM NO.8 25 At station 51+23 furnish and install 6"HDPE SDR-17 pipe $35.00 $875.00 $200.00 $5,000.00 $10.00 $250,00 ITEM NO.9 15 At station 56+52 fumish and install 10"HDPE SDR-17 pipe $45.00 $675.00 $200.00 $3,000.00 $15.00 $225.00 ITEM NO. 10 35 At station 58+31 furnish and install 8"HDPE SDR-17 pipe $40.00 $1,400.00 $200.00 $7,000.00 $10.00 $350.00 ITEM NO. 11 30 At station 61+86 furnish and install 8"HDPE SDR-17 pipe $40.00 $1,200.00 $200.00 $6,000.00 $1000 $300.00 ITEM NO. 12 30 At station 65+92 furnish and install 6"HDPE SDR-17 pipe $35.00 $1,050.00 $200.00 $6,000.00 $10.00 $30000 ITEM NO. 13 35 At station 65+92 fumish and install 15"HDPE SDR-17 pipe $55.00 $1,925.00 $200.00 $7,000.00 $50.00 $1,750.00 ITEM NO. 14 10 At station 74+31 famish and install 12"HDPE SDR-17 pipe $50.00 $500.00 $200.00 $2,000.00 $50.00 $500.00 ITEM NO 15 20 At station 80+81 fumish and install 8"HDPE SDR-17 pipe $40.00 $800.00 $200.00 $4,00000 $10.00 $200.00 ITEM NO. 16 5 Connect existing 6"PVC lateral to new manhole $450.00 $2,250.00 $3,000.00 $15,000.00 $1,000.00 $5,000.00 Page 3 of 6 BID TABULATION SANITARY SEWER SYSTEM IMPROVEMENTS 60-INCH TRUNK OUTFALL REHABILITATION PHASE II BID OPENING DATE:THURSDAY,March 24,2011 at 2:00 P.M. ITEM HUFF&MITCHELL,INC. REYTEC CONSTRUCTION S.J.LOUIS CONSTRUCTION,NUMBER QUANTITY DESCRIPTION CYPRESS,TEXAS RESOURCES,INC. LTD. JAMES P.HUFF HOUSTON,TEXAS MANSFIELD,TEXAS GREGG T.REYES LES WHITMAN UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 17 8 Connect existing 8"PVC lateral to new manhole $450.00 $3,600.00 $3,000.00 $24,000.00 $1,000.00 $8,000.00 ITEM NO, 18 1 At station 82+75 tie the new 54"Hobas/Flowtite sanitary sewer line to the existing 60" $10,000.00 $10,000.00 $30,000.00 $30,000.00 $3,500.00 $3,500.00 Hobas pipe ITEM NO. 19 20 Replacement of sanitary sewer manholes using Hanson pipe manholes $11,000.00 $220,000.00 $38,000.00 $760;000.00 $11,500.00 $230,000.00 ITEM NO.20 2 Installation of new sanitary sewer manholes using Hanson pipe manholes $11,000.00 $22,000.00 $38,000.00 $76,000.00 $11,500.00 $23,000.00 ITEM NO.21 1 Replacement of existing 4"short side service connections to new manhole with 4"PV Schedule 40 pipe $700.00 $700.00 $2,000.00 $2,000.00 $500.00 $500.00 ITEM NO.22 1 Replacement of existing 4"short side service connections to new 54"Hobas or Flowflitt $1,000.00 $1,000.00 $3,000.00 $3,000.00 $500.00 $500.00 pipe with 4"PVC Schedule 40 pipe ITEM NO.23 1 Replacement of existing 4"long side service connections to new manhole with 4"PVC $2,000.00 $2,000.00 $3,000.00 $3,000.00 $2,500.00 $2,500.00 Schedule 40 pipe ITEM NO.24 1 Replacement of existing 4"long side service connections to new 54"Hobas or Flowtite $2,000.00 $2,000.00 $4,000.00 $4,000.00 $2,500.00 $2,500.00 pipe with 4"PVC Schedule 40 pipe ITEM NO.25 2 Perform a point repair up to 20'in length according to Specification Item Number 2553 $500.00 $1,000.00 $15,000.00 $30,000.00 $15,000.00 $30,000.00 ITEM NO.26 1 Abandon existing manhole in place $1,000.00 $1,000.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 ITEM NO.27 1 Trench Safety Plan sealed by a Texas Registered Engineer. $2,500.00 $2,500.00 $1,000.00 $1,000.00 $1.00 $1.00 ITEM NO.28 1 Trench Safety System according to Specification Item Number 712 $500.00 $500.001 $20,000.00 $20,000.00 $1.00 $1.00 TOTAL BID $3,301,900.00 $3,707,125.00 $3,922,927.00 Page 4 of 6 BID TABULATION SANITARY SEWER SYSTEM IMPROVEMENTS 60-INCH TRUNK OUTFALL REHABILITATION PHASE II BID OPENING DATE:THURSDAY,March 24,2011 at 2:00 P.M. BRH-GARVER OSCAR RENDA LEWIS CONTRACTORS,INC. ITEM CONSTRUCTION,L.P. CONTRACTING,INC. NUMBER QUANTITY DESCRIPTION HOUSTON,TEXAS ROANOKE,TEXAS MATTHEW HE W LEWIS TEXAS PHILIP R.REED RL1DY RENDA M UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 I Mobilization costs. $50,000.00 $50,000.00 $140,000.00 $140,000.00 $200,000.00 $200,000.00 ITEM NO.2 7,225 Furnish and install 54"PN 0/SN 46 Hobas pipe OR Flowtite pipe. $588.00 $4,248,300.00 $651.00 $4,703,475.00 $832.00 $6,01 1,200.00 ITEM NO.3 1 Clean and televise the existing 60"RCP before construction and televise after $300,000.00 $300,000.00 $80,000.00 $80,000.00 $350,000.00 $350,00000 installation of the new pipe. ITEM NO 4 1 At station 11+50 tie the new 54"PN 0/SN 46 Hobas sanitary sewer line to the existing $15,000.00 $15,000.00 $375,000.00 $375,000.00 $7,500.00 $7,500.00 54"Hobas pipe. ITEM NO.5 25 At station 14+38 furnish and install 8"HDPE SDR-17 pipe $200.00 $5,000.00 $200.00 $5,000.00 $100.00 $2,500.00 ITEM NO.6 20 At station 20+05 furnish and install 8"HDPE SDR-17 pipe $250.00 $5,000.00 $200.00 $4,000.00 $200.00 $4,000.00 ITEM NO.7 10 At station 31+47 furnish and install 8"HDPE SDR-17 pipe $500.00 $5,000.00 $200.00 $2,000.00 $130.00 $1,300.00 ITEM NO.8 25 At station 51+23 furnish and install 6"HDPE SDR-17 pipe $200.00 $5,000.00 $190.00 $4,750.00 $130.00 $3,250.00 ITEM NO.9 15 At station 56+52 furnish and install 10"HDPE SDR-17 pipe $333.00 $4,995.00 $220.00 $3,300.00 $170.00 $2,550.00 ITEM NO. 10 35 At station 58+31 furnish and install 8"HDPE SDR-17 pipe $143.00 $5,005.00 $200.00 $7,000.00 $130.00 $4,550.00 ITEM NO. 11 30 At station 61+86 furnish and install 8"HDPE SDR-17 pipe $167.00 $5,010.00 $200.00 $6,000.00 $130.00 $3,900.00 ITEM NO. 12 30 At station 65+92 furnish and install 6"HDPE SDR-17 pipe $167.00 $5,010.00 $190.00 $5,700.00 $100.00 $3,000.00 ITEM NO. 13 35 At station 65+92 furnish and install 15"HDPE SDR-17 pipe $143.00 $5,005.00 $220.00 $7,700.00 $150.00 $5,250.00 ITEM NO. 14 10 At station 74+31 furnish and install 12"HDPE SDR-17 pipe $500.00 $5,000.00 $200.00 $2,000.00 $300.00 $3,000.00 ITEM NO. 15 20 At station 80+81 furnish and install 8"HDPE SDR-17 pipe $250.00 $5,000.00 $200.00 $4,000.00 $250.00 $5,000.00 ITEM NO. 16 5 Connect existing 6"PVC lateral to new manhole $3,000.00 $15,000.00 $1,400.00 $7,000.00 $1,200.00 $6,000.00 Page 5 of 6 BID TABULATION SANITARY SEWER SYSTEM IMPROVEMENTS 60-INCH TRUNK OUTFALL REHABILITATION PHASE II BID OPENING DATE:THURSDAY,March 24,2011 at 2:00 P.M. DESCRIPTION BRH-GARVER OSCAR RENDA LEWIS CONTRACTORS,INC. QUANTITY ITEM CONSTRUCTION,L.P. CONTRACTING,INC. BERTRAM,TEXAS NUMBER HOUSTON,TEXAS ROANOKE,TEXAS PHILIP R.REED RUDY RENDA MATTHEW LEWIS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 17 8 Connect existing 8"PVC lateral to new manhole $3,000.00 $24,000.00 $1,500.00 $12,000.00 $1,500.00 $12,000.00 ITEM NO. 18 1 At station 82+75 tie the new 54"Hobas/Flowtite sanitary sewer line to the existing 60" $15,000.00 $15,000.00 $377,000.00 $377,000.00 $7,500.00 $7,500.00 Hobas pipe ITEM NO. 19 20 Replacement of sanitary sewer manholes using Hanson pipe manholes $5,000.00 $100,000.00 $4,500.00 $90,000.00 $30,000.00 $600,000.00 ITEM NO.20 2 Installation of new sanitary sewer manholes using Hanson pipe manholes $5,000.00 $10,000.00 $4,000.00 $8,000.00 $28,000.00 $56,000.00 ITEM NO.21 1 Replacement of existing 4"short side service connections to new manhole with 4"PV $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 Schedule 40 pipe ITEM NO.22 1 Replacement of existing 4"short side service connections to new 54"Hobas or Flowtitt $2,000.00 $2,000.00 $2,000.00 $2,000.00 $3,500.00 $3,500.00 pipe with 4"PVC Schedule 40 pipe ITEM NO.23 1 Replacement of existing 4"long side service connections to new manhole with 4"PVC $2,000.00 $2,000.00 $2,900.00 $2,900.00 $3,500.00 $3,500.00 Schedule 40 pipe ITEM NO.24 1 Replacement of existing 4"long side service connections to new 54"Hobas or Flowtite $2,000.00 $2,000.00 $2,900.00 $2,900.00 $4,000.00 $4,000.00 pipe with 4"PVC Schedule 40 pipe ITEM NO.25 2 Perform a point repair up to 20'in length according to Specification Item Number 2553 $30,000.00 $60,000.00 $3,500.00 $7,000.00 $19,000.00 $38,000.00 ITEM NO.26 1 Abandon existing manhole in place $3,000.00 $3,000.00 $12,000.00 $12,000.00 $2,000.00 $2,000.00 ITEM NO.27 1 Trench Safety Plan sealed by a Texas Registered Engineer. $5,000.00 $5,000.00 $90,000.00 $90,000.00 $2,000.00 $2,000.00 ITEM NO.28 1 Trench Safety System according to Specification Item Number 712 $5,000.00 $5,000.001 $15,000.00 $15,000.00 $50,000.00 $50,000.00 TOTAL BID $4,913,325.00 J $5,977,725.00 $7,394,000.00 Page 6 of 6 RESOLUTION NO. WHEREAS, bids were received for a contract for the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase II Project; and, WHEREAS, Allco, Ltd, of Beaumont, Texas, submitted a bid in the amount of $2,662,466.; 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 Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase II Project in the amount of$2,662,466 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of April, 2011. - Mayor Becky Ames -