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Home My WebLink AboutPACKET JUN 21 2011 Ric xsss a ra vs�css T o Z o X o * B REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 21,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—June 14,2011 * Confirmation of committee appointments A. Approve eminent domain proceedings to acquire properties needed for the Concord Road Pavement Widening Project(4495 Treadway, 5850 Eastex Freeway and 5852-5896 Eastex Freeway) B. Approve a change order related to the Surface Water Treatment Plant Improvements Phase I Project C. Authorize the acquisition of property adjacent to the Beaumont Municipal Airport D. Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute an inter-local agreement with the City of Port Arthur and Jefferson County in order to reallocate Justice Assistance Grant funds E. Approve contracts to supply motor fuels during declared emergencies F. Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for disposal of solid waste at the City landfill G. Approve a contract for the purchase and delivery of motor fuels at various fuel sites located on city property H. Authorize the City Attorney to bring suit to collect delinquent hotel occupancy taxes due the City of Beaumont by KJP Hospitality,L.L.C.,Kevin Prendiville and Maria Anna d/b/a Candlewood Suites Hotel RICH WITH OPPORTUNITY A t T • 2 • a • A is City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager C7• PREPARED BY: Patrick Dona,Public Works Director MEETING DATE: June 21,2011 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire properties for the Concord Road Pavement Widening Project. RECOMMENDATION The property owners listed below have refused to accept the appraised value for their property. All properties were appraised by Bishop Real Estate Appraisers: 1) 0.1773 acre situated in F. Bigner Survey,Abstract No. 1 Address: 4495 Treadway(Parcel 35) Owner: Kevin James Wilson Appraised Value: $11,000.00 2) 0.1467 acre situated in F. Bigner Survey,Abstract No, 1 Address: 5850 Eastex Freeway(Parcel 42) Owner. Target Stores,Inc. Appraised Value: $57,000.00 3) 0.2385 acre situated in F. Bigner Survey,Abstract No. 1 Address: 5852-5896 Eastex Freeway(Parcel 47) Owner: Eastex Ventures Appraised Value: $123,100.00 Administration requests authorization to acquire the above properties by eminent domain. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-two (62) parcels of land from East Lucas to Highway 105 need to be acquired. BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that the properties described below be acquired for the Concord Road Pavement Widening Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described properties: 0.1773 acre situated in F. Bigner Survey, Abstract No. 1 Address: 4495 Treadway Parcel No.: #35 Appraised Value: $11,000.00 Owner: Kevin James Wilson 0.1467 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5850 Eastex Freeway Parcel No.: #42 Appraised Value: $57,000.00 Owner: Target Stores, Inc. 0.2385 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5852-5896 Concord Road Parcel No.: #47 Appraised Value: $123,100.00 Owner: Eastex Ventures and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the above described properties for the Concord Road Pavement Widening Project and has found and determined that said interests in and to the above described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont,through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter above described land and has been unable to agree with the owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; 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 Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the above described parcels of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said parcels of land shown in Exhibit "A," attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - June 2009 Parcel 35 Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 35 Being a 0.1773 acre (7,725 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, and being out of and part of that certain called 4.413 acre tract of land having been conveyed to Kevin James Wilson from Erwin Leblanc by deed dated November 13, 1995 and being record under Clerk's File No. 9533459 of the Real Property Records of Jefferson County, Texas, said 0.1773 (7,725 square feet) acre of land being more particularly described as follows; COMMENCING at a 2" iron pipe found for the Southeast comer of the said 4.413 acre Wilson tract and being in the West right-of-way line of Treadway Road; THENCE, NORTH 12°24'04" EAST, along the West right-of-way line of Treadway Road for a distance of 238.62 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described, said comer also being the beginning of a curve turning to the left having a radius of 1190.00 feet and being subtended by a chord bearing NORTH 72°12'33" WEST having a chord length of 323.97 feet; 1) THENCE NORTHWESTERLY, along and with said curve for an arc length of 324.98 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, 2) THENCE, NORTH 80 001'58"WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 147.35 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right- of-way line of Concord Road, said comer also being the beginning of a curve turning to the right having a radius of 1050.00 feet and being subtended by a chord bearing NORTH 77 053'59"WEST having a chord length of 78.16 feet; 3) THENCE NORTHWESTERLY, along and with said curve for an arc length of 78.18 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concord Road, said point being in the West line of the said 4.413 acre Wilson tract and in the East line of that certain called 0.5357 acre tract of land, also being identified as Tract No. 2, having been conveyed, to the The Tucker Family Limited Partnership from Martha L. Tucker by deed dated September 3, 1993 and being recorded under Film Code No. 105-03- 0899 of the Real Property Records of Jefferson County, Texas; EXHIBIT "A" June 2009 Parcel 35 Page 2 of 5 EXHIBIT_ 4) THENCE, NORTH 07°59'14" EAST, along the boundary line between the said 0.5357 acre The Tucker Family Limited Partnership tract and the said 4.413 acre Wilson tract for a distance of 15.72 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, said comer also being the beginning of a curve turning to the left having a radius of 1175.92 feet and being subtended by a chord bearing SOUTH 78°42'23" EAST having a chord length of 114.57 feet; 5) THENCE SOUTHEASTERLY, along and with said curve for an arc length of 114.61 feet to a point for comer in the existing Southwest right-of-way line of Concord Road; 6) THENCE, SOUTH 81029'55" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 42.19 feet to a point for comer, said comer also being the beginning of a curve turning to the right having a radius of 1243.24 feet and being subtended by a chord bearing SOUTH 72 022'43" EAST having a chord length of 394.12 feet; 7) THENCE SOUTHEASTERLY, along and with said curve for an arc length of 395.79 feet to a point for comer, said comer being the Northeast comer of the said 4.413 acre Wilson tract, and being in the West right-of-way line of Treadway Road; 8) THENCE, SOUTH 12°24'04" WEST, along the West right-of-way line of Treadway Road for a distance of 8.66 feet to the POINT OF BEGINNING and containing 0.1773 acre (7,725 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and comers are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE' +' DAY OF JUNE 2009. OF Tic ,.1 ;GAS TFq•'•�Y • ............ ... j.WHITELEY Mark W. Whiteley, RPLS #3636 M• . 3 63•� 90 3636o�P; ESS 9tiG S U�J�-� LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT Q PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PARENT TRACT PROPERTY LINE — SURVEY LINE N.T.S. COUNTY LINE CONCORD ROAD CALLED 0.5357 ACRES Z 3 TRACT NO. 2 THE TUCKER FAMILY CALLED 4.413 ACRES LIMITED PARTNERSHIP SEPTEMBER J. 1993 KE1MV JAMES WILSON P.O.B. FC NO. 105-03-0899 NOVEMBER 13, 1995 PARCEL 35 OPRJC CF NO. 9533459 g OPRJC 3 F. SIGNER SURVEY P.O.0 PARCEL 35 ABSTRACT NO. 1 FND. 2" I. PIPE BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. OF ry. Q O IT.LEY�� °° ..... EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES 0 .SUR`�� PARCEL 35, 4. 413 0. 1773/(7725) 4. 2357 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 35 m CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FR11Y. HEAUItO TEXAS 28-5492 B(F )M4 403 409-890421 AX 09- 13s SCALE 1" = 50' JUNE 2009 SHEET 3 OF 5 PROPOSED BASELINE OON CORD R_ r _ C4EXISTING RIGHT OF WAY N 1 PROPOSED BASELINE \ 176+59,61 PI STA=177+86.87 40.00LT =19°37'57' �g R=1230.0000' P.O.B. PAR. 35 T=212.8169' S L=421.4611' Ch=419.4023' D=04'39'29' �g�p15B"w 179+95.52 t° 40,001-T 35 C, --A 1 . - C-4 Ln CALLED 4.413 ACRES 2 KEVIN JAMES WILSON w CFO NO. §533459 r OPRJC w P.O.C. PAR. 35 ui (A FND 2" 1 I. PIPE w z J 2 U LINE BEARING DISTANCE H L2 S12'24'04"W 8.66' PARCEL PLAT SHOWING CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE PARCEL 35 C1 1190.00' 324.98' 323.97' N72'12'33"W 15'38'49" C4 1243.24' 395.79' 394.12' S72.22'43"E 18.17'55" CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' JUNE 2009 SHEET 4 OF 5 w J 0 Q ^ d In O in to J M D D� pD 000 NOR X219 z C� " 1.820 pRpP 58129 55 �5 3 w 5/8" I. ROD BEARS Na �5g"W �� m�' N ---��S07'59'14"W 6.51 to cv C3/ O ^ bo ,GHI F WAY U z V _ X�STING R � C2 gASE�INE 181+42.87 w SE� p 40,001-T J oP I D PR 182+18.07 35 w to U) 39A 074 40.00LT = CALLED 4.413 ACRES ^ KEVIN JAMES WILSON w CFONO.3§533459 (nn OPRJC z 00 (D CALLED 0.5357 ACRES w 0 7 4 TUCKER FAMILY Z a ^ SEPTEMBER 3, 1993 J FC NO. 105-03-0899 = N °o N OPRJC 0or- Q as° 0 � w UUU PARCEL PLAT P►$ SHOWING PARCEL 35 CONCORD ROAD JEFFERSON COUNTY LINE BEARING DISTANCE L1 No7•ss'ia"E 15.72 SCALE 1 = 50 JUNE 2009 SHEET 5 OF 5 June 2009 Parcel 42 Page 1 of 5 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 42 Being a 0.1467 acre (6,392 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 7.7982 acre tract of land from the Amended Final Plat of Target Subdivision for Target Stores by plat dated June 11, 1981 and being recorded under Volume 14 Page 78 of the Map Records of Jefferson County, Texas, said 0.1467 (6,392 square feet) acre of land being more particularly described as follows; COMMENCING at a 1/2 iron rod found for the South comer of the said 7.7982 acre Target Stores tract, and being in the Northeasterly right-of-way line of U.S. Highway 69, 96, & 287; THENCE, NORTH 46 037'08" EAST along the Northeast right-of-way line of U.S. Highway 69, 96, & 287 for a distance of 49.82 feet to a fence post found for corner, said point being the Southwest comer of that certain called 4.0 acre tract of land, also being identified as Tract 4, having been conveyed to the Tucker Family Limited Partnership from Martha L. Tucker by deed dated September 3, 1993 and being recorded under Film Code No. 105-03-0899 of the Real Property Records of Jefferson County, Texas, save and except that certain called 1.753 acre tract of land being described in said deed; THENCE, NORTH 26 028'40" EAST, along the Southeast boundary line of the said 7.7982 acre Target Stores tract for a distance of 624.01 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 62 003'58" WEST, along the existing Southwest right-of-way line of Concord Road for a distance of 613.15 feet to a "PK" nail set for comer in the proposed Southwest right-of-way line of Concord Road, said point being in the most Northerly Northwest line of the said 7.7982 acre Target Stores tract and being in the most Northerly Southeast line of that certain called 11.8700 acre tract of land from the Amended Final Plat of the Weingarten-Target for Eastex Venture by plat dated September 2, 1982 and being recorded under Volume 14 Page 111 of the Map Records of Jefferson County, Texas; June 2009 Parcel 42 Page 2 of 5 EXHIBIT 2) THENCE, NORTH 27 057'48" EAST along the boundary line of the said 7.7982 acre Target Stores tract and the said 11.8700 acre Eastex Venture tract for a distance of 10.37 feet to a "pk" nail found in asphalt for comer in the existing Southwest right-of- way line of Concord Road, said comer being the most Northerly comer of the said 7.7982 acre Target Stores tract and being the most Northeasterly comer of the said 11.8700 acre Eastex Venture tract; 3) THENCE, SOUTH 62 004'38" EAST, along the existing Southeast right-of-way line of Concord Road for a distance of 612.88 feet to a 5/8" iron rod found for comer, said comer being the East comer of the said 7.7982 acre Target Stores tract and being the North comer of that certain tract of land being out of and part of that certain called 4.0 acre tract of land having been conveyed to the Martha Tucker from Gordon R. Tucker by deed dated June 23, 1975 and being recorded under Volume 1884 Page 207 of the Deed Records of Jefferson County, Texas, the same being that certain called 1.753 acre tract of land being described as a save and except tract by deed being recorded under Film Code No. 105-03-0899 of the Real Property Records of Jefferson County, Texas; 4) THENCE, SOUTH 26°31'07" WEST, along the boundary line between the said 7.7982 acre Target Stores tract and the said Martha Tucker tract for a distance of 10.49 feet to the POINT OF BEGINNING and containing 0.1467 acre (6,392 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and comers are truly shown just as found at the time of the survey. Surveyed February 2009 r GIVEN UNDER MY HAND AND SEAL THIS THE 2.1 DAY OF JUNE 2009. '(- OF �F1 /CAP•�G\S T E R••: ••N!.V11.'dJt'F�i Ct EYeYY .. .... ... YYYY:YYYYYwe.+.s Y � Mark W. Whiteley, RPLS #3636 :A 36 36 f ✓ LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXD❑T CONTROL MONUMENT 0 PARCEL NUMBER O FND PROPERTY CORNER AS NOTED PARENT TRACT 0 POWER POLE N.T.S. PROPOSED ROW LINE EXISTING ROW LINE CONCORD ROAD PROPERTY LINE SURVEY LINE 4 P.O.B. COUNTY LINE ad PARCEL 42 CALLED 27982 ACRES TARGET SUBOMSION JUNE 11, 1981 CALLED 11.8700 ACRES VOL 14 PG. 78 JC WEINGARTEN-TARGET MR SEPTEMBER 2,1982 VOL. 14 PG. 111 MRJC ad F. BIGNER SURVBY ABSTRACT NO-1 P.O.0 PARCEL 42 FND. 1/2" L ROD BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. OF Tfi Q'`•'C��g T F R• -f9 A : . ... W..HITELEY.... 3636 EXISTING TAKING REMAINING Y41 •'0 , �P�p ° .'-� ACRES ACRES S.F. ACRES 4.$UJ4i PARCEL 42, �• 7982 0. 1467/(6392) 7. 6515 +MARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 42 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRRY. BEAUMONT, TEXAS 77728-5492 BEAUMONT. TEXAS 7 703 SCALE 1 = 50 JUNE 2009 409-892-0421 (FAX) 409-892-1348 SHEET 3 OF 5 CONCORD ROAD N62'03'58"W 1326.64' 188+00 PROPOSED BASELINE FND 5/8" EXISTING RIGHT OF WAY S62°0438E 612.88' I. ROD J PROPOSED BASELINE N62003'98'\,/ 613.1 186+33.57 40-OOLT Ln BUILDING P.O.B. PAR. 42 w 42 w V w N CALLED 7.7982 ACRES CN TARGET SUBDIVISION I JUNE 11 1981 0 w VOL. 14 k. 78 00 N Z N J z 2 U H Q FND FENCE 4 P.O.C. PAR. 42 POST a FND 112' r144 81G�E C�gyp. 1 I. ROD PARCEL PLAT SHOWING PARCEL 42 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 S26'31'07"W 10.49' SCALE 1 " = 50' JUNE 2009 SHEET 4 OF 5 CONCORD ROAD LIV N62'03'58"W 1326. 4' 191 +00 PROPOSED BASELINE FND PK NAIL EXISTING RIGHT OF WAY S62°04'38'E 612.88' PROPOSED BASELINE \SE "P K" N62°03'58'W 613.15' IL 192+46.73 a 40,00LT 42 �- w w 47 = BUILDING V) w w CALLED 7.7982 ACRES TARGET SUBDIVISION I CALLED 11.8700 ACRES VOL.E141 k 9878 w WEINGARTEN—TARGET MRJC Z SEPTEMBER 2, 1982 -� VOL. 14 PG. 111 = MRJC U Q BIG��`� Iyp. "PB � J PARCEL PLAT SHOWING LINE BEARING DISTANCE PARCEL 42 L 1 N27-57'48"E 10.37' CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' JUNE 2009 SHEET 5 OF 5 June 2009 Parcel 47 Page 1 of 6 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 47 Being a 0.2385 acre (10,390 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 11.8700 acre tract of land from the Amended Final Plat of the Weingarten-Target for Eastex Venture by plat dated September 2, 1982 and being recorded under Volume 14 Page 111 of the Map Records of Jefferson County, Texas, said 0.2385 (10,390 square feet) acre of land being more particularly described as follows; COMMENCING at a iron rod with cap stamped "Carter" found for a Southwesterly comer of the said 11.8700 acre Eastex Venture tract, and being in the Northeasterly right-of-way line of U.S. Highway 69, 96, & 287, and also being in the East right-of- way line of Dowlen Road; THENCE, NORTH 01°45'39"WEST along the East right-of-way line of Dowlen Road for a distance of 191.51 feet to a 5/8" iron rod found for comer, said comer also being the beginning of a curve turning to the right having a radius of 565.50 feet and being subtended by a chord bearing NORTH 18°05'18" EAST having a chord length of 382.34 feet; THENCE NORTHEASTERLY, along and with said curve for an arc length of 390.02 feet to a 5/8" iron rod found for comer; THENCE, NORTH 37 04651" EAST, along the Southeast right-of-way line of Dowlen Road for a distance of 41.47 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein . described; 1) THENCE, NORTH 37046'51" EAST, continuing along the Southeast right-of-way line of Dowlen Road for a distance of 58.79 feet to a 5/8" iron rod found for comer, 2) THENCE, NORTH 82 029'30" EAST along the existing Southeast right-of-way of Dowlen Road for a distance of 35.51 feet to a 5/8" iron rod found for comer in the existing Southwest right-of-way line of Concord Road; 3) THENCE, SOUTH 52 051'23" EAST, continuing along the existing Southeast right-of- way line of Concord Road for a distance of 17.62 feet to a 5/8" iron rod found for comer; June 2009 Parcel 47 Page 2 of 6 4) THENCE, SOUTH 62 002'26" EAST, continuing along the existing Southeast right-of- way line of Concord Road for a distance of 639.13 feet to a "pk" nail found in asphalt for comer, said comer being the East comer of the said 11.8700 acre Eastex Venture tract and said comer being the North comer of that certain called 7.7982 acre tract of land from the Amended Final Plat of Target Subdivision for Target Stores by plat dated June 11, 1981 and being recorded under Volume 14 Page 78 of the Map Records of Jefferson County, Texas; 5) THENCE, SOUTH 27°57'48" WEST, along the boundary line between the said 11.8700 acre Eastex Venture tract and the said 7.7982 acre Target Stores tract for a distance of 10.37 feet to a "PK" nail set for comer in the proposed Southwest right- of-way line of Concord Road; 6) THENCE, NORTH 62°03'58" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 353.27 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right- of-way line of Concord Road; 7) THENCE, NORTH 68°54'32"WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 50.36 feet to a "Punch Mark" set in concrete for comer in the proposed Southwest right-of-way line of Concord Road; 8) THENCE, NORTH 62°03'58"WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 136.22 feet to a "PK" nail set for comer in the proposed Southwest right-of-way line of Concord Road, said comer also being the beginning of a curve turning to the right having a radius of 2446.00 feet and being subtended by a chord bearing NORTH 61000'23" WEST having a chord length of 90.47 feet; 9) THENCE NORTHWESTERLY, along and with said curve for an arc length of 90.48 feet to a "PK" nail set for comer in the proposed Southwest right-of-way line of Concord Road; 10)THENCE, SOUTH 75 003'12"WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 89.26 feet to the POINT OF BEGINNING and containing 0.2385 acre (10,390 square feet) of land. June 2009 Parcel 47 Page 3 of 6 A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and comers are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE 25 DAY OF JUNE 2009. OF TF A$3%. • rjrj�WHf?ELEY Mark W. Whiteley, RPLS #3636 :9 3636 % +: PEW 9,LG...S u�J� LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT Q PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. EXISTING ROW LINE PROPERTY LINE CONCORD ROAD — — SURVEY LINE COUNTY LINE CALLED 7 798 ACRES 4 TARGET SUBON SM P.O.B. JUNE 11, 1981 Q PARCEL 47 VOL 14 PG. 78 O MRJC o: W o CALLED 11.8700 ACRES WEINGARTEN-TARGET SEPTEMBER 2,1982 VOL 14 PG. 111 AIRJC P.O.0 PARCEL 47 F. BIGNBR SURVEY FND L ROQ W CAP NO. 1 STAMPED CAR R" BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. OF T 5 A.Q�G; T E' •�'�9 �1) ................ITELEY... V NN..NN.NN.MNN... N EXISTING TAKING REMAINING 3636 �v (j ACRES ACRES S.F. ACRES �•..:ESS�,°,.�-� PARCEL 47, S. 11. 8700 0.PARCEL 11. 6315 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 47 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX T XR BEAUMONT, TEXAS 28-5492 BEAUMONT. 77703 SCALE 1 " = 50' JUNE 2009 409-892-0421 (FAX) 409-892-1346 SHEET 4 OF 6 N N PI STA=199+68.14 w A=08'40'09" �. R=2400.0000' 197+00 N62'02'26"W 1326.64' Q 0 T=181.9119'- - a o L=363.1294' FND 5/8"=-;,CONCORD ROAD PROPOSED BASELINE Q M D=02'23' 14" 1 _ROD o Ch=362.7831' FND 5/8 Sp`� I. ROD EXIS ING RIGHT OF A S62'03'58"E 639.13' FND 5/8" �� SET "PK" C SET NAIL PK" N62'03'58"W 136.22'-SINT UNUH N6854'32"W Z I. ROD . NAIL ,� Q ti PROPOSED RIGHT OF WAY 50.36 m M N N p in p 197+86.22 O O t� o bo = 198+75.00 �- v z z co 5 `b 46.00LT 196+00.00 w 46.00LT w 196+50.00 40.00LT = D BUILDING 46.00LT w Q W P. B. PAR. 47 w -' 47 V) n d O (V d d 199+35.36 I u co z 109,91LT w CALLED 11.8700 ACRES J WEINGARTEN-TARGET SUBDIVISION SEPTEMBER 2, 1982 _ VOL. 14 PG. 111 W o MRJC Q v o o 0 Q °i � [� v 0 � ° � 5gv�� 1 � to U U U Ln PARCEL PLAT SHOWING P.O.C. PAR. 47 PARCEL 47 Ln FND STAMPED 'CARTER' LINE BEARING 01STANCE CONCORD ROAD JEFFERSON COUNTY z F L 1 S52.51'23 E 17.62' SCALE 1 " = 50' JUNE 2009 SHEET 5 OF 6 o' 194+00 N62'03'58"W 1326.64' P A ELINE CONCORD ROAD , „ ��(—FND PK,NAIL S62'02 26 E 639.13' EXISTING RIGHT OF WAY N N62'03'S8"W 353.27' SET °PK" PR\OSED BASELINE NAIL 192+46.73 Lo 47 40.00LT 42 w w z V w CALLED 7.7982 ACRES N TARGET SUBDIVISION I JUNE 11 1981 VOL. 14 G. 78 w CALLED 11.8700 ACRES MRJC z WEINGARTEN-TARGET SUBDIVISION SEPTEMBER •2, 1982 VOL. 14 PG. 111 v MRJC Q g 1GE�',� o• 1 PARCEL PLAT SHOWING cgs PARCEL 47 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L2 S27'57'48"W 10.37' SCALE 1 " = 50' JUNE 2009 SHEET 6 OF 6 RICH WITS OPPORTUNITY BEAU-'M0'ffrk 1 T • $ • g • 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: June 21,2011 REQUESTED ACTION: Council consider approving a change order related to the Surface Water Treatment Plant Improvements Phase I Project. RECOMMENDATION The Administration recommends approval of increasing the contract with Allco, Ltd.,of Beaumont in the amount of$54,407.08. The proposed changes to the contract will include the removal and shoring up of the filter media,improvements to the bulk storage tank,repairs to the block wall coatings,improvements to the electrical wiring of the chemical building,and the removal of Schedule 80 PVC piping and installation of Schedule 40 galvanized steel piping as part of the wash water system in all three(3)pulsators. The requested 33 additional days increases the total contract time to 830 calendar days. BACKGROUND This project is the construction phase of the improvements at the Water Treatment Plant including renovating the pulsators,and building new chlorine and chemical feed facilities. The pulsators were originally sedimentation basins constructed in 1948. During the 1980's,the basins were converted to pulsators. The project will repair the numerous cracks in the reinforced concrete walls and floors. The number of cracks in the walls is more severe than previously determined during the design phase of the project. The bid quantities for the cracks on the project were established for all three pulsators,however the quantities were reached in the first pulsator. The project will include miscellaneous mechanical and electrical improvements including a building with provisions for two(2) 150OKW Caterpillar generators. The generators were pre-purchased by the City due to the long lead delivery time and were delivered in January 2009. The changes will improve the future operation,provide emergency backup power, increase the efficiency of the Water Treatment Plant, and help the City meet required State and Federal regulations. Surface Water Treatment Plant Improvements Phase I June 21, 2011 Page 2 of 2 Previous actions include: Resolution 08-137 in the amount of$8,041,191.50 was passed by City Council on May 6,2008. Resolution 08-351 in the amount of$239,066.95 was passed by City Council on December 23, 2008. Resolution 09-040 in the amount of$26,195.75 was passed by City Council on February 10, 2009. Resolution 09-209 in the amount of$209,871.72 was passed by City Council on July 14, 2009. Resolution 10-012 in the amount of$200,207.75 was passed by City Council on January 19, 2010. Resolution 10-144 in the amount of$155,026.00 was passed by City Council on May 25, 2010. BUDGETARY IMPACT Funds for the project are provided by the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Six DATE: June 16,2011 PROJECT: City of Beaumont,Texas Surface Water Treatment Plant Improvements Phase I OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Allco,Inc. 6720 College Street Beaumont,Texas 77707 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Additional improvements to the project as described below. ORIGINAL CONTRACT AMOUNT: $ 8,041,191.50 THIS CHANGE ORDER Description: Net Change Remove and Shore Up the Media-3 Calendar Days $ 1,879.00 Ref CMR-044 Bulk Storage Tank-5 Calendar Days $ 3,923.00 Ref CMR-045 Repair Block Wall Coatings-10 Calendar Days $ 7,912.80 Ref:CMR-046 Chemical Building Electrical-5 Calendar Days $ 26,430.28 Ref CMR-047 Remove SCH 80 PVC and Install SCH 40 Galvanized Steel Pipe at Pulsators $ 14,262.00 1,2,and 3-10 Calendar Days Ref CMR-048 TOTAL AMOUNT OF THIS CHANGE ORDER S 54A07.08 TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS S 830350.17 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 8,925,966.75 CONTRACT TINE 465 Calendar Days Additional Contract Time From Previous Change Orders: 332 Calendar Days Additional Time Requested: 0 Calendar Days Revised Contract Time per this Change Order. 33 Calendar Days Total Additional Time: 365 Calendar Days Revised Contract Time: LQ 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: Freese and Nichols,Inc. City of Beaumont Allen,Inc. Engineer Owner Contractor Date: Date: Date: FAW� dm \Fm Md NWb"WTP Phm I I,p"wmm\ChnyeQde,Na68WP P LL, RESOLUTION NO. WHEREAS, on May 6, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-137 awarding a contract in the amount of $8,041,191.50 to Allco, Ltd., Beaumont, Texas, for the Proposed Surface Water Treatment Plant Improvements Phase I Project; and, WHEREAS, Change Order No. 1 in the amount of $239,066.95 was required to furnish labor, equipment and material to install a new alum tank,the removal and disposal of deteriorated existing precast pipe supports, and furnish labor, equipment and material to install stainless steel pipe supports for each of the three(3)pulsators,thereby increasing the contract amount to $8,280,258.45; and, WHEREAS, Change Order No. 2 in the amount of $26,195.75 was required to increase the pulsator concrete and crack repairs in excess of bid quantities in Pulsator#2, including labor and materials, thereby increasing the contract amount to $8,306,454.20; and, WHEREAS, Change Order No. 3 in the amount of $209,871.72 was required to demolish electric manhole duct banks, change PVC conduit to Rigid Galvanized Steel conduit at Electric Building, remove abandoned 24-inch pipeline, install handrails at Pulsator raw water channel, provide emergency power for SCADA transmitter, replace(2) 48-inch flow meters with (2) 36-inch flow meters with adaptors for accuracy, upgrade all windows and doors in Chemical Building to Hurricane rated, install new duct bank from electric manhole to switch rack, place PatchCrete wainscoat over exposed concrete block at Chemical Building, install Chemical Building roof drain line to existing catch basin, replace existing 4x4 wooden chlorine ton container runners with 40 lb. steel rail, sample pump modifications to submersible pumps in lieu of centrifugal pumps, repair leakage and concrete damage to the walls of the existing Mixed Water Channel, including repair of through-the-wall cracks with Combiflex, epoxy injection of 562 linear feet of cracks and sandblasting and coating of the exterior of the channel at Pulsators 1, 2, and 3, replace trolley hoist for Chemical Building, install electric manhole EMH-7, paint the external Vacuum Chamber structures for Pulsators 1, 2, and 3, and additional 900 linear feet of 4- inch electrical PVC electrical installation to Administration Building from electrical switchgear manhole, thereby increasing the contract amount to $8,516,325.92; and, WHEREAS, Change Order No. 4 in the amount of $200,207.75 was required to furnish and install stairs and platforms for the new generators, weld monorail joints in the Chlorine Building, provide concrete paving around the Electrical Building, clean and re- caulk joints on the 5 MG clearwell cap, install ladders and step platforms in the meter vault, install a 6-inch liner wall at the mixed water channel, replace (2) magna drives at the backwash pumps, install a 3-inch PVC chlorine solution line from Chemical Building to the Filter Building, add PVC expansion joints on wash lines in the Pulsator Basins, pulsator concrete and crack repairs in excess of bid quantities in Pulsator#3 (including labor and materials), reconfigure chemical metering pump piping,and upgrade electrical to the Radio Building and Metal Storage Building, thereby increasing the contract amount to $8,716,533.67; and, WHEREAS, Change Order No. 5 in the amount of $155,026.00 was required to upgrade the Operations Building windows and doors to hurricane rating, install concrete barriers at east side of Plant, install epoxy coating liner on Mixed Water Channel floor and walls, install 10 concrete perimeter barriers between fence and filter structure, install concrete perimeter barriers at north end of Plant, install concrete perimeter barriers at Lawsons Canal Bridge on Marina Drive, and revise airlines at the pulsator sludge valves, thereby increasing the contract amount to $8,871,559.67; and, WHEREAS, Change Order No. 6 in the amount of $54,407.08 is required for the removal and shoring up of the filter media, improvements to the bulk storage tank, repairs to the block wall coatings, improvements to the electrical wiring of the Chemical Building, and the removal of Schedule 80 PVC piping and installation of Schedule 40 galvanized steel piping as part of the wash water system in all three (3) pulsators, thereby increasing the contract amount to $8,925,966.75; and, 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. 6 to the Proposed Surface Water Treatment Plant Improvements Phase I Project in the amount of $54,407.08 thereby increasing the contract amount to $8,925,966.75. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - RICK WITH orrosrvxzrT AU* BEAUNN c T • E • s • A • S City Council Avend item TO: City Council FRONT: Kyle Hayes,City Manager Q,p. PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: June 21, 2011 REQUESTED ACTION: Council.consider a resolution authorizing the acquisition of property adjacent to the Beaumont Municipal Airport. RECOM [ENDATION The Administration recommends approval. BACKGROUND To improve the safety of the outgoing flights at the Municipal Airport,the City plans to purchase five(5)parcels of land on Phelan Blvd(Old Sour Lake Road),which are located northwest of the runway. The owner of the property listed below,has agreed to convey his property to the City: Tract 94 0.3241 acre of land,situated in the A. Savery League,Abstract No.46 (10399 Phelan Blvd) Value: $46,000.00 Owner: Jimmy Logsdon BUDGETARY IMPACT Funds are available in the Municipal Airport Fund. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibit "B," attached hereto, for the Beaumont Municipal Airport Improvement Project: Tract#94: 0.3241 acre situated in the A. Savery League, Abstract No. 46 (10399 Phelan Boulevard) Value: $46,000.00 Owner: Jimmy Logsdon 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 0.3241 Acre Tract or Parcel of Land A. Savery League, Abstract No. 46 Jefferson County, Texas BEING a 0.3241 acre tract or parcel of land situated in the A. Savery League, Abstract No. 46, Jefferson County, Texas and being out of and part of that certain called eight (8) acre tract of land as described in a deed from Sun Pipe Line Company to G.A. Burleson as recorded in Volume 947,Page 332, Deed Records,Jefferson County, Texas and as corrected in a "Correction Deed" recorded in Volume 1017, Page 582, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 3.52 acre tract of land as described in a "Warranty Deed" from G. A. Burleson and wife, Peggy Burleson to H.W. Messec as recorded in Volume 1583, Page 308, Deed Records, Jefferson County, Texas and being all of that tract of land as described in a deed from Bonnie L. Truax Breaux to David LaGrange and wife, Geralyn LaGrange as recorded in Clerk's File No. 98-9838700, Official Public Records of Real Property, Jefferson County, Texas and also being all of that certain tract of land as described in a"Contract for Deed" between David LaGrange and Geralyn LaGrange and Jimmy Logsdon as recorded in Clerk's File No. 2005030335, Official Public Records of Real Property, Jefferson County, Texas, said 0.3241 acre tract being more particularly described as follows: NOTE. All bearings are based on the North line of that certain called 1.148 acre tract of land as described in a deed to Robert Walter Burton as recorded in Clerk's File No. 2010039829, Official Public Records of Real Property, Jefferson County, Texas as NORTH 89°54'00"EAST. All set 518" iron rods set with a cap stamped "M.W. Whiteley&Associates". BEGINNING at a 1/2" iron rod found for the Northwest corner of the tract herein described, said corner also being the Northeast corner of that certain called 1.148 acre tract of land as described in a deed from Mary Jean Lumpkin, Trustee of"Lumpkin Retirement and Education Trust", to Robert Walter Burton as recorded in Clerk's File No. 2010039829, Official Public Records of Real Property, Jefferson County, Texas and said corner also being in the South right- of-way line of Old Sour Lake Road and said corner bears NORTH 89°54'00" EAST a distance of 379.32 feet from a 1/2" iron rod found for the Northwest corner of the said 1.148 acre Burton tract; THENCE NORTH 89 054'00" EAST, along and with the South right-of-way line of Old Sour Lake Road, for a distance of 100.00 feet to a 5/8" iron rod set for corner, said corner being the Northwest corner of that certain tract of land as described in a "Contract for Deed" from Gloria Jane Furr to Raymond J.LaGrange and wife, Audrey L. LaGrange as recorded in Film Code No. 103-47-2132, Official Public Records of Real Property,Jefferson County, Texas and also being the Northeast corner of the said 3.52 acre Messec tract; THENCE SOUTH 00 014'58" EAST, for the boundary between the tract herein described and the said Raymond J. LaGrange tract, the same being the East line of the said 3.52 acre Messec tract, for a distance of 143.19 feet to a 1/2" iron pipe found for corner, said corner being the Southwest corner of the said Raymond J. LaGrange tract and the Southeast corner of the said 3.52 acre Messec tract and also being in the North right-of-way line of the Beaumont-Sour Lake and Western Railroad(based on a width of 100 feet); EXHIBIT "A" M.UO 3�INC: THENCE NORTH 87 051'26" WEST, along and with the North right-of-way line of the Beaumont-Sour Lake and Western Railroad, for a distance of 100.00 feet to a 5/8" iron set for corner, said corner being the Southeast corner of the said 1.148 acre Burton tract and from said corner a 1/2" iron rod found for the Southwest corner of the said 1.148 acre Burton tract bears NORTH 87°51'26" WEST a distance of 380.24 feet; THENCE NORTH 00017'07" WEST, for the boundary between the tract herein described and the said 1.148 acre Burton tract, for a distance of 139.28 feet to the POINT OF BEGINNING and containing 0.3241 Acres, more or less. W:\2010\10-701\10-701 m&b.doc EXHIBIT"A" Page 2 of 2 MARL W.wmnLVLEYAMASSOCIATU MC i OLD SOUR LAKE ROAD POB REFERENCE SEARING PER FiL I \ (GUN.NE 010039�79 SOUTIAWSTERN N (CALL WEST 100.00) �f SET&S 6'OPRJC FND 1/2' FND N89.5400E 379.32' BELL PEDESTAL FND N89'54'00'E 100.00* f. R0D x Z' E 1.12' \APPROX. LOCATION �'°OF FLOOD ZONE 10399 OLD SOUR LAKE ROAD BEAMONT.TEXAS m13 .. I 0.3241 Acre Tract or Parcel of Land o• _ NOW A Sowry League,Abstract Nor 16 g � 0► - 37.31• •A'Hrraon County. Tnms .Y r Owner:CRY of Braumont c 8 DALLID 1.148 ACRES >� In accordance with the Flood Named Boundary o - $ ROBERT WALTER BURTON "C� MqA Deporfm t of Hawing and Urban y°z CF NO. 9829 ZO Q '� E NO 103-4iifai w D nN^t• OPRJC •r sEwER I `� oPRJC community No.:4L103B5 _6$ !, SYSTEM Fund No.:0130 C a y Dole of F&W. 11-20-91 �ewt� cT Mb paperly w.:,Zone A•rr c' ZONE ,A. 0f' i e Location an mW dolvirA by scale tr nW Actual%W elevation Malt W. o�°d A•B�CT 14 46 AD 0.3,241 ACRES I to�accuracy scale 1, 4.55' OoIsRAOT Far � �sao BETWEEN m 3.37' y VD LoCRANGE et ux I Zone A'are orsar of the 100-year Ibod; AND JWfl'LOGSDON base Rood eMdfans and flood hazard I. CF.N0.2005030.175 factors not dkNminod. g OPRJC " Zone C'does not Ee in the 100- m C SET 6.89' v_ ROD2- FND N8r5116w 380.24• L RUO —�z x FRO TO INE LOWLDERS AND THE ONN M OF TIE PREMSES ^ (CALL NBrsroow 379.e1 FND 1 12•L Roo eEVNS FND N87*5128 100,00 Pd'E wrtittiED AND ro TFE Fwsr Aronow ME Raua�NCE oaRANr W sloss'3sE o.s4' (CALL EAST/oo.00) DL UNDERSIGNED DOES NMW COMY NIAT IRS SLFVEY WS no 04v W0E ON THE"m OF IIE PROPERTY I. Ttty>EDE ES�10 Ato is woWaRTACEs CONFLICM BEAUMONT-SOUR LAKE AND WESTERN RAILROAD N ANK eft A'Rr LMf OCROW WDRS. (100•ROW) oWN-a~of IMPINMUM E4900TS OR sofas-OF-fINW OUR As SHORN WOK AND DW SAID PROPEIRI'MS ACCESS TD AND FTLOM A DEDIMED ALL IASD M SIDBN AND NOTED PER TEXAS REDO& ,\STE 0.F. AIL 13D09-TW /F,c+ T NOTES ACCOROINQ TO SCHEDUIF a DATE StResEYEa DANIAARt 3.20tt •...... . foe. RIOHT OF INGRESS AND EGRESS RESERVED IN DEED DATED DECEMBER 18, 1915, TFIOAVIS g• Rte EXECUTED BY LAURA W.2EIOLER ET AL TO SUN PIPE LINE COMPANY, RECORDED IN VOLUME „///// ••A............ 05 154,PAGE 2 , DEED RECORDS OF JEFFERSON COUNTY, TEXAS.(PROPERTY SUBJECT 70) 5728 .PJl.. 10f. SLMMWACE EASEMENT,DATED AP 30,2009, EXECUTED BY DAVID LAGRANGE AND 7'\ S% RK WIFE; GERALYN LAGRANGE TO 84LLARD EXPLORATION COMPANY, INC., RECORDED UNDER COLWrY CLERKS FILE NO 2009018733, OFFM PUBLIC RECORDS OF REAL PROPERTY OF V m JEFFERSON COUNTY, TEXAS(PROPERTY SL181ECT TO) bm 7Wi5i—m S. ROWE — R1.66mn mFBmNAL LAND SURVEYOR Nor 5728 0 1.NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARONG 2. THE WORD CMIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PRDFESSOM itARK�' P. o. BOX 5492 JUDGMENT BY THE SURVEYOR, WNICH Is 84SED ON M BEST KNOWLEDGF, INFORMATION S 'ew'p r AND AMIOW28 BEAUMO NT, TVA$rrr4-5492 AND BELIEF,FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE 1N4'ORPQ�RA7'I�D 4o9-e92-0421 U WITH THE STANDARDS OF PRACTICE REQUIRED AND PROULLGATED BY THE TEXAS BOARD OF PAOFESSIOW LAND SIRTVEYM AND TTE TEXAS SOCIETY OF PROFESSIONAL EXHIBIT "B” AND 3W)EASTEE FRWY. SURVEYORS. AS SUCH,IT COA67RUTS NEITHER A GUARANTEE NOR A WARRANTY,EXPRESSED BRAUNORT, TEW 77713 OR IAtPLED. REFER 10 t7alari�' T..res see,.e a ;oearins (FAX) +oe-892-1346 FOR LEGAL DESCRIPTION Firm p- 3..ALL SET 5/8'RroN RODS SET WITH A CAP STAMPED 0W. WHRELEY 8 ASSOCIATES' W: 010 10-701 10-701. W D RICH WITH OPPORTUNITY RAMO'Now WS BEAU 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 G MEETING DATE: June 21, 2011 REQUESTED ACTION: Consider authorizing the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute an inter- local agreement with the City of Port Arthur, Texas, and Jefferson County, Texas in order to reallocate Justice Assistance Grant funds. RECOMMENDATION Administration recommends approval. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant program for the past five years. The funding has been used to upgrade technology through the purchase of computer hardware and software, purchase additional officer safety equipment and to fund several community policing programs. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, an inter-local agreement must be filed with the joint application, and the agencies must agree to funding allocations prior to application for funding. Total allocation for 2011 is $134,179. BUDGETARYIMPACT An additional $ 80,078 for law enforcement equipment at the Beaumont Police Department. The remainder of the funds would be allocated to the Port Arthur Police Department($ 33,974)and the Jefferson County Sheriff's Office ($ 20,127). No matching funds are required. 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 receive funding for the City of Beaumont in the amount of $134,179 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute an interlocal agreement to reallocate funds in the amounts of$33,974 to the City of Port Arthur and $20,127 to Jefferson County. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUNM* T • R * X a A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 21, 2011 REQUESTED ACTION: Council consider the award of contracts to supply motor fuels during declared emergencies. RECOMMENDATION The administration recommends the award of contracts to Tri-Con Inc., of Beaumont and Macro Oil Company, of Broussard, Louisiana. BACKGROUND A pre-positioned emergency motor fuel contract provides the City with the resources needed in the event of such an emergency. Vendors will supply unleaded gasoline and diesel to locations specified by authorized city personnel. Award of contracts to the two vendors will provide both a local and regional source to protect the City's ability to obtain fuel in the event of an emergency. Pricing was requested utilizing the following formula: Oil Price Information Service(OPIS)daily rate per gallon for source of fuel(date of delivery)+ Bidder's margin per gallon+Delivery Rate per gallon per mile and/or delivery rate per truck per hour. Pricing was requested form fourteen(14)vendors. Two bidders responded with bids as follow: Tri-Con Inc. $ .015/Gal. $.005/Mi. $75.0041r. Macro Oil Company $.10/Gal. $.00/Mi. $165.00ft. I Emergency Fuel Contract June 21, 2011 Page 2 Letters of Intent will be issued to each vendor indicating the bidders stated pricing and the City's intent to purchase fuel at said pricing during periods of emergency subject to vendor's capacity to deliver. The City will have discretion to utilize the fuel vendor it deems most advantageous during an emergency, and will not be restricted to purchasing from either of the vendors. BUDGETARY EWFACT Budgetary impact of these contracts is contingent upon the occurrence of a declared emergency and the degree of resources needed at that time. II RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract with Tri- Con, Inc., of Beaumont, Texas, and Macro Oil Company, of Broussard, Louisiana, to provide motor fuel to the City of Beaumont during declared emergencies. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - F RICA WITH OPPORTUNITY BEAUMON* T • r • X • A * 8 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: June 21, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for disposal of solid waste at the City landfill. RECOMMENDATION The Administration recommends approval. BACKGROUND The City of Beaumont owns and operates a landfill which is available to accept solid waste collected by Drainage District No. 6 from the storm water ditches and retention ponds inside the City limits. Drainage District No. 6 has constructed over 619 acres of detention ponds, and 7.8 miles of street drainage improvements and enlarged street crossings within the City. In addition, Drainage District No. 6 has plans to construct even more inter-city drainage projects to improve the storm water drainage system. This Interlocal Agreement will allow Drainage District No. 6 to dispose of the solid waste collected inside the City limits at the City landfill at no charge. In return, Drainage District No. 6 will continue to bring dirt to the landfill when economically feasible or necessary for the landfill's daily operation. Drainage District No.6 has also been able to secure several FEMA grants to perform storm drainage improvements which protect the interests of the citizens of Beaumont. BUDGETARYIMPACT None. STATE OF TEXAS § COUNTY OF JEFFERSON § INT�R.Lf KCAL AGREEMENT This Interlocal Agreement ("the Agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas (hereinafter called "City") and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called"Drainage District 6"). Both entities are authorized to enter into interlocal agreements in accordance with Title 7 of the Government Code of the State of Texas (Vernon 1996) Section 791.001 et seq. WITNESSETH WHEREAS the City owns and operates a landfill which is available to accept solid waste collected from Drainage District 6 operations within the city limits of Beaumont;and WHEREAS, Drainage District 6 has diverted from its historical policy of only constructing outfalls, and has constructed over 619 acres of detention ponds, and 7.8 miles of street drainage improvements and enlarged street crossings within the City,and WHEREAS, Drainage District 6 has plans to construct even more inter-city drainage projects,and WHEREAS, Drainage District 6 has in the past brought the City tens of thousands of cubic yards of dirt and will continue to do so in the future,when economically feasible. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. Drainage District 6 will allow the City to haul dirt designated by Drainage District 6 in City vehicles, or the City's contractors' vehicles, from properties belonging to Drainage District 6, INTERLOCAL AGREEMENT—City Landfill City of Beaumont—Jefferson County Drainage District No.6 Page2 or upon which Drainage District 6 has an easement, which are located within the city limits of Beaumont at no additional cost to the City. II. City will allow Drainage District 6 to dispose of solid waste collected by Drainage District 6 inside the city limits of Beaumont as part of their normal maintenance activities. Such solid waste collected by Drainage District 6 may be disposed of at the City's landfill at no, additional cost to Drainage District 6. Normal maintenance activities, as used herein, shall include the trash, vegetative waste and other debris which results from the cleaning and maintaining of rights of way of Drainage District 6 within the city limits of Beaumont, as well as land clearing material, one-time cleanup projects, or other special projects that are not performed on a routine basis within the City of Beaumont. When the city landfill does not have a sufficient supply of dirt to cover the solid waste collected and deposited by Drainage District 6, Drainage District 6 will also supply and deliver dirt to cover its waste. III. This Agreement may be cancelled by either party upon the giving of thirty (30) days written notice to the other. IV. Notices hereunder shall be given as follows: Mr.Hani Tohme Director of Water&Utilities City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 and Jefferson County Drainage District No. 6 P.O. Box 20078 Beaumont, Texas 77720-0078 INTERLOCAL AGREEMENT—City Landfill City of Beaumont—Jefferson County Drainage District No.6 Page3 V. This Agreement may be amended by the mutual agreement of the parties hereto, in writing,and any amendment shall be attached to and incorporated into this Agreement. VI. This Agreement supersedes any and all other agreements,either oral or in writing, between the parties hereto,with respect to the subject matter hereof and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of 92011. ATTEST: CITY OF BEAUMONT By: By: City Clerk Kyle Hayes,City Manager ATTEST: JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 By: By: Vice President/Secretary Sam O. Smith,President i RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for disposal of solid waste at the City of Beaumont landfill. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - G RICH WITH OPPORTUNITY BEAUNM* T • a • _ • A • s City Council 1gendaItem TO: city council FROM: Kyle Hayes, City Mamtger PREPARED BY: Laura Clark, Chief Financial Officer dt MEETING DATE: June 21, 2011 REQUESTED ACTION: Council consider the award of a contract for moor fuels for non-automated fuel sites. RECOMMENDAT10N The administration recommends the award of a cotract to Tri-Con Inc., of Beaumont. BACKGROUND The City maintains seven(7)non-mrto eel fud ekes on City pity. Bids were solicited for a three(3)year contract to supply guoline and diesel fuel delivered to these sites. Pricing is based on the Oil Price Information Service(OPIS)published rates for Beaumont, TX. Bids were solicited from f xi rte en(14)vendors. The sole response was from Tri-Con Inc.,who held the previous contract. Pricing bid for approximately 12,000 gallons of unlenod gasolene and 120,000 gallons of diesel per year is 5.129 per gallon above the OPIS rate. The rate for the previous five year contract was$.086 per gallon. BUDGETARY EM[PACl° Funds are available for this expenditure in the user Depa 1 P i s' operating buffets. The City expended$314,959 on the FY2010 contract. RESOLUTION NO. WHEREAS, bids were received for a three (3) year contract for the purchase of unleaded gasoline and diesel fuel; and, WHEREAS, Tri-Con Inc., of Beaumont, Texas, submitted a bid for the supply of approximately 12,000 gallons of unleaded gasoline and 120,000 gallons of diesel per year at $.129 per gallon above the O.P.I.S. published rate; and, WHEREAS, the City Council is of the opinion that the bid submitted by Tri-Con, Inc., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Tri-Con, Inc., of Beaumont, Texas, for the supply of approximately 12,000 gallons of unleaded gasoline and 120,000 gallons of diesel per year at $.129 per gallon above the O.P.I.S. published rate for Beaumont, Texas be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Tri-Con, Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY B 'N E A U MU'FA' * T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 21, 2011 REQUESTED ACTION: Consider a resolution authorizing the City Attorney to bring suit to collect delinquent hotel occupancy taxes due the City of Beaumont KJP Hospitality, L.L.C., Kevin Prendiville and Maria Anna d/b/a Candlewood Suites Hotel. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Attorney to bring suit to collect delinquent hotel occupancy taxes due the City of Beaumont by KJP Hospitality, L.L.C., Kevin Prendiville and Maria Anna Prendiville d/b/a Candlewood Suites Hotel. BACKGROUND State law gives to the City of Beaumont authority to levy a tax not to exceed seven percent(7%) of the cost of occupancy of any room or space paid for in a hotel. The hotel or its representative is required to collect the occupancy tax and remit same to the City of Beaumont in a timely manner as it becomes due. The City of Beaumont has enacted Article 18.03 of the Code of Ordinances to address hotel occupancy taxes. State law also gives to the City Attorney authority to bring suit against the person who has collected and failed to pay the tax to the City when due or failed to report, in a timely manner,the collections of such tax. At the same time,authority is given to enjoin the person from operating a hotel until the tax is paid in full and reports are filed.. Candlewood Suites Hotel located at 5355 Clearwater Court in Beaumont is delinquent in the remittance of the hotel occupancy taxes collected for the period of time of March, 2011 and April, 2011, in the estimated amount of$12,488.75. Request is hereby made to bring suit to collect these delinquent hotel occupancy taxes due the City of Beaumont by Candlewood Suites Hotel and to enjoin its operation until these taxes are paid and all reports are filed. BUDGETARY IMPACT Potentially recoverable revenue in the amount of$12,488.75. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby authorized to file and prosecute a lawsuit against KJP Hospitality, L.L.C., Kevin Prendiville and Maria Anna Prendiville d/b/a Candlewood Suites Hotel, to collect delinquent hotel occupancy taxes due the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - i sack WITS OFFORTVNIsr Bun EAU1qU'ff'* T OZ * ][ * A *8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 21,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Section 2.03.075 of the Code of Ordinances related to the number of authorized positions in the Beaumont Police Department 2. Consider approving an agreement for auditing services for the fiscal year ending September 30,2011 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 Sections 551.071 of the Government Code: Lori Valdivia v. Crockett Street Development LTD and City of Beaumont; No. A-190,007 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 Consider amending Section 2.03.075 of the Code of Ordinances related to the number of authorized positions in the Beaumont Police Department RICH WITH OPPORTUNITT BEA1UM'10N* T E . z . A 0 s City Council Agentl Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Frank C. Coffin,Chief of Police MEETING DATE: June 21,2011 REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of Ordinances related to authorized positions in the Beaumont Police Department. RECOMMENDATION Administration recommends approval. BACKGROUND Over the past five years,the number of Lieutenant positions has fluctuated between 12 and 16. The Assistant Chief position was eliminated in 2009 so the Chief of Police would directly supervise the three Captains. There is a Captain over the Patrol Division,the Criminal Investigations Division and the Administrative Division. After a thorough review of the three divisions,it is recommended that there be 14 Lieutenant positions. The 14 Lieutenants will be assigned according to the attached information. It is also recommended that the number of authorized Grade H Sergeant positions be increased from 42 to 44 and the number of Grade I officer positions be decreased from 204 to 198. The total number of authorized positions in the Police Department would be reduced by two to 259. GRADE CLASSIFICATION CURRENT RECOMMENDED POSITIONS POSITIONS I Officers 204 198 11 Sergeants 42 44 III Lieutenants 12 14 IV Captains 3 3 TOTAL 261 259 BUDGETARY IWACT The proposed changes to the.number of authorized positions would result in an annual added cost of approximately$15,000 at full staffing. There are currently 12 vacant Grade I positions and the department intends to fill six of them pending background checks. Beaumont Police Department Administrative Division Captain Jim Clay Lt. Karen Froman-Training and Personnel Lt. Charles Tyler- Internal Affairs and Records Lt. Mark Pierce - Crime Analysis, Budget, Emergency Management, Police Community Relations, Property and Evidence, and Community Oriented Policing. Criminal Investigations Division Captain Glenn Durst Vacant-Crimes Against Persons Lt. David Kiker- Crimes Against Property Lt. Chris Schuldt- Southeast Texas Auto Theft Task Force Vacant- Special Crimes (Juvenile and Sex Crimes) Lt. Bryan Skinner-Narcotics and Vice Field Operations Captain Wayne Jeffcoat Lt. Ken Spitzer- I'Watch Lt. Roger Richmond -2'Watch Lt. Jeff Skinner- 3rd Watch Lt. Ky Brown- 4`b Watch Lt. Ray Beck- Traffic Lt. Curtis Breaux- Street Crimes Unit,K-9 Unit,Resource Unit, and Animal Services Unite ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.03, DIVISION 2, SECTION 2.03.075 OF THE CODE OF ORDINANCES OF BEAUMONT TEXAS BY PRESCRIBING THE NUMBER OF AUTHORIZED POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. That Chapter 2, Article 2.03, Division 2, Section 2.03.075, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to prescribe the number of authorized positions in the Beaumont Police Department as shown below: GRADE CLASSIFICATION POSITIONS I Officers 198 11 Sergeants 44 III Lieutenants 14 IV Captains 3 TOTAL 259 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 21st day of June, 2011. - Mayor Becky Ames - 2 Consider approving an agreement for auditing services for the fiscal year ending September 30, 2011 RICH WITH OPPORTUNITY R,EAUM'uF4N- T • E - X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 21, 2011 REQUESTED ACTION: Council consider approving an agreement for auditing services. RECOMMENDATION Administration recommends approving an agreement with Null-Lairson, PC,of Houston, for auditing services for the fiscal year ending September 30,2011. This agreement may be extended on a year to year basis, for a period not to exceed three(3) additional years, upon mutual consent of both parties. BACKGROUND The Beaumont City Charter states"no auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four(4)consecutive years." Sanderson, Knox& Company audited the fiscal year 2010 financial statements,which was the fourth and final year of their agreement. City staff solicited, reviewed, and analyzed responses to requests for proposal (RFP) from eight(8) accounting firms. Proposals were evaluated based upon three sets of criteria: mandatory elements,technical qualifications, and audit approach. Null-Lairson met the criteria as set forth in the RFP to serve as auditor for the fiscal years of 2011, 2012, 2013 and 2014. Interim work is scheduled to begin in August and the audit reports are scheduled to be completed by January 24, 2012. The evaluation criteria and draft audit services agreement is attached for your review. BUDGETARYIMPACT The contract amount including expenses will not be greater than$84,500 for the first year. Funds will be available in the Finance Department's FY2012 budget for this expenditure. Fees for the audits of fiscal years 2012, 2013, and 2014 will be$86,500, $88,000, and$89,000,respectively. Sanderson,Knox& Company were paid$85,408 for auditing fiscal year 2009; final billing has not yet been received for auditing fiscal year 2010. Auditing Services June 21, 2011 Page 2 Evaluation Criteria: Mandatory Technical Respondents Criteria Qualifications Pricing Total 35 Points 35 Points 30 Points 100 Points Belt Harris Pechacek, LLLP 31 31 25 87 Houston BKD, LLP 32 32 29 93 Houston Cook Park, PLLC 33 27 28 88 Beaumont Gayle Botley, CPA 33 28 29 90 Port Arthur Grant Thornton, LLP 30 31 27 88 Houston McConnell &Jones, LLP 31 27 28 86 Houston Null-Lairson, PC 35 35 28 98 Houston Weaver, LLP 35 31 30 96 Houston RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the firm of Null-Lairson, PC, of Houston, Texas, be and it is hereby designated as the independent auditing firm for the City of Beaumont in the amount of no greater than $84,500 for the fiscal year ending September 30, 2011 with an option to renew on a year- to-year basis for a period not to exceed three(3)additional years, upon mutual consent of both parties. Fees for the audits of fiscal years 2012, 2013, and 2014 will be $86,500, $88,000, and $89,000, respectively. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, THAT the City Manager be and he is hereby authorized to execute the contract with Null-Lairson, PC for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of June, 2011. - Mayor Becky Ames - THE STATE OF TEXAS § Professional Services Contract COUNTY OF JEFFERSON § This Professional Services Contract("Contract") is hereby entered into on this day of 2011 and effective immediately by and between ("Contractor")and the City of Beaumont("City"),a municipal corporation located in Jefferson County, Texas acting by and through its City Manager of his/her designee. WITNESSETH: That in consideration of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated,the parties hereto do mutually agree as follows: I. Description of Work For the consideration hereinafter agreed to be paid to the Contractor by the City, Contractor will conduct an independent audit of the basic financial statements of the City for the fiscal year(s) ending September 30,2011 and other related services ("services") as described in Contractors proposal. The services are to conform in every respect to this Contract and the following documents: • City Request for Proposal (RFP); and • Contractor's Proposal ("Proposal")to the RFP. All documents referred to above are incorporated herein as if written word for word In the case of conflict the language of any of the documents listed above and this contract,the terms and conditions of this contract shall be final and binding on all parties. In the case of conflict in the language of the RFP and Proposal,the terms and conditions of the RFP shall be final and binding on all parties. II. Term This Contract shall commence on the day and year first written above and will terminate on the issuance of internal control recommendation letters and Single Audit Reports or May 31, 2012, whichever occurs first in accordance with the Proposal. This Contract may be extended on a year to year basis, for a period not to exceed one (1) additional year,upon mutual consent of City and Contractor. If Contractor desires to extend this Contract beyond the initial term, Contractor Page 1 of 12 EXHIBIT "A" shall request such extension sixty(60) days prior to the expiration of the initial term of any extension thereof. Fees will be as follows: Fiscal Year Financial and . Ouz-tif-Pocket . Total Coriipre14, . Expenses `. Audif Fee 2011 $ $ $ 2012 $ $ $ 2013 $ $ $ 2014 $ $ $ 2015 $ $ $ Total Payment to Contractor will not exceed the amount specified above for each fiscal period, unless other conditions necessitate additional services which must be authorized in advance by the City Manager. Contractor's charges for services are not to exceed similar charges of Contractor for comparable services to other clients. Contractor will submit periodic billings for services rendered on the basis of hours of work completed during the course of the engagement and out of pocket expenses incurred in accordance with Contractor's dollar cost bid proposal. Interim billings shall cover a period of not less than a month. No interest shall ever be due on late payments. Payments to Contractor will be in the amount shown by the monthly statement and other documentation submitted and shall be subject to the approval of the Chief Financial Officer. City shall not be liable under this Contract for any services which are unsatisfactory or which have not been approved by City. Contractor will not be entitled to reimbursement for expenses incurred in accordance with this Contract unless Contractor has obtained the prior written consent of City to incur such expenses. For services not included in this Contract,it is agreed between City and Contractor that a separate agreement shall be entered into to cover such additional services. Any and all charges made to City,other than those specified in this Contract, shall be fully explained in a signed written document delivered to the Chief Financial Officer prior to incurring any charge or fee in excess of the amount stated in this Contract. Such written explanations shall include,but not be limited to: • nature of the additional charge, • basis of such charge, • hours, • persons involved, • hourly rate, • costs incurred, and • statement that services provided were not included in basis Contract. Any out of pocket expenses will require approval of the Chief Financial Officer. Contractor will not incur such expenses until written approval is obtained from the Chief Financial Officer. Page 2 of 12 Contractor and City recognize that the continuation of any contract after the close of any given fiscal year, which ends September 30 each year, of City shall be subject to the approval of the City Manager. III. Scope of Services Contractor agrees to provide the services under this Contract in accordance with the U.S. generally accepted auditing standards (GARS), Government Auditing Standards(GAS),the Single Audit Act Amendments of 1996,the provisions of OMB Circular A-133 and to perform the services to the highest professional standards. IV. City's Responsibility City agrees to: 1) Have City accounting staff provide necessary prepared-by-client working papers normally required for the annual audit and locate and reproduce documents necessary to the audit. 2) Provide adequate work space and physical facilities needed to complete services. V. Staff Requirements Contractor agrees that staff assigned to City's audit shall contain at least one (1)person with two (2) or more years of governmental auditing experience. This person shall be at a senior or higher level. There shall be at least one (1) additional person that has completed a minimum of one(1) full year in governmental auditing. Staff provided on site at City will be computer literate and knowledgeable of spreadsheet software. VI. Schedule A. Contractor agrees to meet the following time deadlines for each fiscal period: 1. All working papers to be prepared by City must be submitted, by written list, to City on or before September 30 of each year together with adequate written explanatory detail as to the purpose of the working papers as well as the methodology to be used in preparing such working papers and agreed-upon timing. 2. Preliminary audit work conducted prior to year end closing may be scheduled by Contractor at a mutually agreeable time and date. 3. Year end fieldwork must begin on or before December 1. Page 3 of 12 4. Audit fieldwork must be competed by December 31. 5. Year end audit adjustments and trial balances are to be submitted to City no later than January 10. 6. The completed CAFR and Single Audit Report drafts must be submitted by January 31. 7. The management letter shall be submitted no more than thirty(30)calendar days after the submission of the CAFR. 8. Copies of all working papers or schedules shall be maintained by the Contractor for the latter of five(5)years acceptance by Council and all relevant Federal and State agencies or the time period required by any funding sources. B. The audit shall not be considered complete until the relevant Federal and State agencies have approved the audit plan and accepted the single audit report in writing. VII. Termination It is agreed and fully understood that City may, at its option and without prejudice to any other remedy it may be entitled to at law or in equity, cancel or terminate this Contract upon thirty(3 0) days written notice to Contractor with the understanding that immediately upon receipt of said notice, all work being performed thereunder shall cease. Contractor shall be compensated in accordance with the terms of this Contract for all services performed through the date of receipt of notice provided that the City shall not be obligated to pay for any work which is unsatisfactory or not submitted in compliance with the terms of this Contract. Contractor shall deliver all original source documents belonging to City immediately after notice of termination of this Contract has been received by Contractor. VIII. Ownership of Documents All original source documents given to Contractor under the Contract are the sole property of City and shall be delivered to City without restriction on future use. IX. Confidential Work No reports, information,project evaluation, data or any other documentation developed by, given to,prepared by or assembled by Contractor under this Contract shall be disclosed or made available to any individual or organization by Contractor without the express prior written approval of City. X. Contractors Liability Page 4 of 12 Acceptance by City of Contractor's reports shall not constitute or be deemed a release of the responsibility and liability of Contractor, its employees, agents of associates for the accuracy and competency of their reports, information and other documents or services; nor shall acceptance or approval be deemed to be the assumption of such responsibility by City for any defect, error, or omission in the documents prepared by Contractor, its employees,agents or associates. XI. Non-Discrimination As a condition of this Contract, Contractor covenants that Contractor will take all necessary actions to insure that,in connection with any work under this Contract,Contractor, its associates and subcontractors,will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color,religion,national origin, age, sex, ancestry, place of birth, or disability, either directly,indirectly or through contractual or other arrangements. In this regard,Contractor shall keep, retain and safeguard all records relating to this Contract or work performed thereunder place of birth,or disability, either directly,indirectly or through contractual or other arrangements. In this regard, Contractor shall keep, retain and safeguard all records relating to this Contract or work performed thereunder for a minimum period of five (5) years from the final contract completion, with full access allowed to authorized representatives of City,upon request, for purposes of evaluating compliance with this and other provisions of the Contract. XII. Notices All notices, communications and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail,postage prepaid, at the address shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for City Mail to: Laura Clark, CPA Chief Financial Officer City of Beaumont P.O. Box 3827 Beaumont, TX 77704-3827 Or Deliver to: Laura Clark, CPA Chief Financial Officer City of Beaumont 801 Main St., Ste. 320 Beaumont, TX 77701 Page 5 of 12 If intended for Contractor, Mail to: XIII. Applicable Law This Contract is entered into subject to the Charter and Ordinances of City as they may be amended from time to time and is subject to and is to be construed, governed and enforced under all applicable Federal and Sate laws. Contractor will make any and all reports required by Federal, State or local law, including but not limited to,proper reporting to Internal Revenue Service, as required in accordance with the Contractor's income. Situs of this Contract is agreed to be Jefferson County,Texas for all purposes including performance and execution. XIV. Severability If any of the terms,provisions, covenants or conditions of this Contract shall for any reason be held to be invalid,illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provisions of this Contract. All provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Any other provisions of this Contract shall be consider as if such invalid,illegal or unenforceable provision had never been contained in this Contract. XV. Default If at any time during the term of this Contract, Contractor shall fail to commence work,in accordance with the provisions of this contract, fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract,fail to use adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract,then City shall have the right, if Contractor shall not cure any such default after fifteen(15) days written notice thereof to terminate this contract and,complete the work in the manner it deems desirable, including engaging the services of other parties Page 6 of 12 II therefore. Any such act by City shall not be deemed a waiver of any right or remedy of City. If, after exercising any such remedy,the cost to the City of the performance of the balance of the work is in excess of that part of the Contract sum which has no theretofore been paid to Contractor thereunder, Contractor shall be liable for and shall reimburse the City for such expenses. XVI. Monies Withheld When City has reasonable grounds for believing that Contractor will be unable to perform this Contract fully and satisfactorily within the time fixed for performance,or that meritorious claim exists or will exist against Contractor or City arising out of the negligence, error or omission of Contractor or Contractor's breach of any provision of this Contract,then City may withhold payment of any amount.otherwise due to Contractor under this Contract. Any amount so withheld may be retained by City for that period as it may deem advisable to protect City against any loss. City may, after written notice to Contractor, apply such money in satisfaction of any claim(s). This provision is intended solely for the benefit of City and no other person or entity shall have any right against City or claim against City by reason of City's failure or refusal to withhold monies. No interest shall be payable by City on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of City. XVII. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless City, its officers,agents and employees from any and all damages, loss or liability of any kind whatsoever by reason of death or injury to property to third persons caused by negligent act, error or omission of Contractor,its officers, agents, employees, invitees or other persons for whom Contractor is legally liable with regard to the performance of this Contract. Contractor will, at its own expense, defend,pay on behalf of and protect City, its officers, agents and employees against any and all such claims and demands. XVIII. Insurance A. Contractor shall at Contractor's own expense,purchase and keep in force during the term of this Contract such insurance as set forth below. Contractor shall not commence work under this Contract until Contractor has obtained all insurance required and such insurance has been approved by City. All insurance policies provided under this Contract shall be written on an"occurrence basis" unless otherwise indicated. The insurance requirements shall remain in effect throughout the term of this Contract. 1. Professional liability insurance—including contractual liability in an amount not less than$500,000. Page 7 of 12 2. Commercial general liability insurance -$500,000 combined single limit per occurrence for bodily injury, personal injury and property damage;this policy shall have no coverage removed by exclusion. 3. Automobile liability- $500,000 combined single limit per accident for bodily injury and property damage; coverage should be provided as a"Code 1", any auto. 4. Workers compensation and employers' liability policy limits shall meet the minimum requirements defined in the Texas Workers' Compensation Commission. B. Other Insurance Provisions 1. City shall be named as an additional insured on the commercial general liability and automobile liability insurance policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by that insurer to bind coverage on its behalf. 2. Should professional liability coverage be provided on a"claims-made"form, Contractor must maintain this policy for a period of four(4)years after completion of this contract or purchase extended reporting period or"tail" coverage. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,voided,cancelled or reduced in coverage or in limits except after thirty(30) days prior to written notice has been provided to City. 4. Insurance is to be placed with insurers with a Best rating of no less than "ANII". The company must also be duly authorized to transact business in the State of Texas. 5. Workers compensation and employer's liability coverage—The insurer shall agree to waive all rights of subrogation against City, its officials,employees and volunteers for losses arising form the activities under this Contract. 6. Certificates of insurance completed on the Accord form only and endorsements effecting coverage required by this clause shall be forwarded to: Purchasing Manager City of Beaumont P.O. Box 3827 Beaumont,TX 77704-3827 Page 8 of 12 XIX. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein granted by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given thereunder. NO covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. XX. Independent Contractor Contractor covenants and agrees that he/she is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed thereunder and all persons performing same shall be responsible of the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants;the doctrine of respondent superior shall not apply as between City and Contractor,its officers, agents, employees, contractors, subcontractors and consultants; and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XXI. Entire Agreement This Contract embodies the complete agreement of the parties hereto, superseding all oral, written, previous and contemporary agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. XXII. Successors and Assigns City and Contractor each bind themselves,their successors,executors, administrators and assigns to the other party in this Contract. Neither City nor Contractor will assign, sublet, subcontract or transfer any interest in this Contract without the written consent of the other party. No assignment, delegation of duties or subcontract under this Contract will be effective without the written consent of the City. =II. Non-Waiver It is further agreed that one (1) or more instances of forbearance by City in the exercise of its rights herein shall in no way constitute a waiver thereof. Page 9 of 12 XXIV. Headings The headings of this Contract are for the convenience of reference only and shall not.affect in any manner any of the terms and conditions thereof. XXV. Changes City may, from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed by and between City and Contractor shall be incorporated by written modification to this Contract. XXVI. Performance of Services Contractor,its associates and employees shall perform all services called for in this Contract. Contractor covenants and agrees that all of its associates and employees who work on the engagement shall be fully qualified to undertake same and competent to perform the services described in this Contract. XXVII. Conflict of Interest Contractor covenants and agrees that Contractor, its associates and employees will have no interest, and will acquire in interest either direct or indirect,which will conflict in any manner with the performance of the services called for under this contract. All activities,investigations and other efforts made by Contractor pursuant to this Contract will be conducted by employees, associates or"subcontractors of Contractor. XXVIII. No Third Party Beneficiary For purposes of this contract,including its intended operation and effect,the parties(City and Contractor) specifically agree and contract that: 1. The Contractor only affects matters/disputes between the parties to this Contract and is in no way intended by parties to benefit or otherwise affect any third person or entity,notwithstanding the fact that such third person or entities may be in a contractual relationship with City or Contractor or both; and 2. The terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Contractor. Page 10 of 12 XXIX. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Beaumont, Texas and that if legal action is necessary to enforce this Contract,exclusive venue will lie in Jefferson County, Texas. XXX. Procurement of Goods/Services from Beaumont Businesses and/or Historically Underutilized Businesses In performing this Contract, Contractor agrees to use diligent efforts to purchase goods/services from Beaumont businesses whenever such goods/services are comparable in quality and price. As a matter of policy with respect to City contracts and procurements, City also encourages the use, if applicable,of qualified contractors, subcontractors and suppliers where at least fifty one percent(51%) of the ownership of such contractor, subcontractor or supplier is vested in ethnic minorities or women. The City MBE Policy set out a goal of 20%minority participation for construction contracts greater than$50,000 and 20% for professional services contracts greater than$25,000. In the selection of subcontractors, suppliers or other persons in organizations proposed for work on this Contract,the Contractor agrees to consider this policy and to use its reasonable and best efforts to select and employ such company or persons for work on this Contract. In witness whereof,the parties hereunto set their hands by their representatives duly authorized on this day and year first written above. CONTRACTOR CITY OF BEAUMONT By Signature Kyle Hayes, City Manager Attest: Printed/Typed Name Printed/Typed Title Tina Broussard,City Clerk Tax Identification Number Witness: Page 11 of 12 I THE STATE OF TEXAS § Contractor Acknowledgment COUNTY OF JEFFERSON § Before me, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act and deed of , as thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of , 2011. Notary Public in and for the State of Texas Commission Expires Notary's Printed Name THE STATE OF TEXAS City Acknowledgement COUNTY OF JEFFERSON Before me, a Notary Public in and for the State of Texas,on this day personally appeared ,known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that same was ht act of said City of Beaumont, Texas, a municipal corporation of the State of Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed in the capacity therein stated. Given under my hand and seal of office this the day of , 2011. Notary Public in and for the State of Texas Commission Expires Notary's Printed name Page 12 of 12