Loading...
HomeMy WebLinkAboutPACKET JUN 19 2001 MAW n lw oil City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 19, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for the Dowlen Road Sanitary Sewer Interceptor Rehabilitation Project - Phase I 2. Consider approving a contract for the Eleventh Street Sanitary Sewer Interceptor Rehabilitation Project- Phase I 3. Consider approving a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract III 4. Consider authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Capital and Operating Assistance funds for the Beaumont Municipal Transit System 5. Consider authorizing the City Manager to execute an agreement with Theatre League of Louisiana to partner with the City for the presentation of a three-show theatrical series 6. Consider accepting the Concord Road Pavement Widening Delaware Out-fall Contract Il A, approve Change Order No. 2 and authorize final payment 7. Consider authorizing the City Manager to execute a Development and Lease Agreement with Jeff Hughes for the Tyrrell Park Horse Stables 8. Consider approving the sale of six parcels of surplus City owned property 9. PUBLIC HEARING: Sale of 4.07 acres of Central Park property Consider authorizing the City Manager to execute all documents and do all things necessary to sell the 4.07 acres of Central Park property COMMENTS • Councilmembers comment on various matters • City Manager Report- Budget Worksession; Second Mortgage Housing Program; Tropical Storm Allison/Emergency Management; Agenda Delivery Process; Summer Reading Club At The Beaumont Public Library System • Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 June 19, 2001 Consider approving a contract for the Dowlen Road Sanitary Sewer Interceptor Rehabilitation Project- Phase I City of Beaumont g Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 8, 2001 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Dowlen Road Sanitary Sewer Interceptor Rehabilitation Project- Phase I. RECOMMENDATION Administration recommends approval of the contract with Brystar Contracting, Inc., in the amount of$2,440,037.55 for the sanitary sewer rehabilitation work on the Dowlen Road interceptor. The project work includes rehabilitating or replacing 17,747 linear feet of sanitary sewer lines;replacing or adding 25 manholes;and deleting four(4)existing manholes. The MBE goal will be met through subcontracts with the certified MBE firms of South East Texas Precast and Texas Mechanical Specialty for a total of$245,000. This amount represents 11% of the total bid. BACKGROUND The existing sanitary sewer interceptor built in 1957 has deteriorated and requires major rehabilitation work. The primary needs for the project are to restore the structural integrity of the sanitary sewer interceptor, restore its carrying capacity, support the new development and provide customers with continuous and adequate service. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Capital Improvement Projects Fund. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract for the Dowlen Road Sanitary Sewer Interceptor Rehabilitation Project- Phase I. Dowlenlntercep 1 sk.wpd June 8,2001 Bid Tabulation CITY OF BEAUMONT SANITARY SEWER SYSTEM IMPROVEMENTS DOWLEN ROAD INTERCEPTOR REHABILITATION BID DATE: Tuesday, May 29, 2001 at 10:00 a.m. BIDDERS BRYSTAR CONTRACTING, ALLCO,INC. INC. P.O.BOX 3684 L.D.CONSTRUCTION BOYER,INC. 8385 CHEMICAL ROAD BEAUMONT,TEXAS 77704- 148 S.DOWLEN ROAD#694 9318 REID LAKE,DRIVE BEAUMONT,TEXAS 77705 3684 BEAUMONT.TEXAS 77707 HOUSTON,TEXAS 77064 Item Description Quant.1 Units Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I. Mobilization Costs 1 I LS 1 $72,000.00 $72,000.00 $57,000.00 $579000.00 $60,000.00 $60,000.00 $50,000.00 $50,000.00 2. 30"I.D.Sanitary Sewer 7166 I-L-FT $126.00 $902,916.00 $125.00 $895,750.00 $128.00 $917,248.00 $165.00 $1,182,390.00 3. 27"I.D.Sanitary Sewer 9458 LF $114.00 $1,078,212.00 $115.00 $1,087,670.00 $123.00 $1,163,334.00 $135.00 $1,276,830.00 4. Point Repair on 24"O.D.sanitary sewer lines and larger 10 EA $665.00 $69650.00 $139500.00 $1359000.00 $2,200.00 $22,000.00 $59500.00 $55,000.00 5.Construct new fiberglass sanitary sewer manhole 10 EA $4,700.00 $47,000.00 $49750.00 $47,500.00 $5,000.00 $50,000.00 $14,500.00 $145,000.00 6. Remove existing manhole and construct fiberglass 14 EA $5,900.00 $82,600.00 $5,900.00 $82,600.00 $5,500.00 $77,000.00 $159000.00 $210,000.00 sanitary sewer manhole 7. Remove existing manhole at Station 37 + 07, and 1 EA $8,100.00 $8,100.00 $14 construct 60 inch diameter eccentric fiberglass sanitary ,250.00 $149250.00 $8,000.00 $8,000.00 $15,000.00 $15,000.00 sewer manhole behind curb 8.Abandon in place or remove existing sanitary sewer 4 EA $900.00 $3,600.00 $1,750.00 $7,000.00 $1,200.00 $4,800.00 $2,100.00 $8,400.00 manholes 9. Install stainless steel inflow prevention devices on all 41 EA $132.00 $5,412.00 $245.00 $10,045.00 $1,000.00 $41,000.00 $150.00 $(1,150.00 new and existing manholes on 24"I.D.pipe and greater 10. Connect existing sanitary sewer manhole/junction box to 17 EA $3,200.00 $54,400.00 $2,750.00 $46,750.00 $1,700.00 $28,900.00 new slip-liner $5,000.00 $85,000.00 11.4" service tap restorations on rehabilitated sanitary 2 EA $2,500.00 $5,000.00 $1,750.00 $3,500.00 $600.00 $1,200.00 $8,500.00 $17,000.00 S' line replaced to R.O.W.line 12. Replace existing 12"sanitary sewer lines as indicated on 100 LF $135.00 $13,500.00 -$118.00 $11,800.00 $50.00 $5,000.00 plans $167.00 $16,700.00 13. Remove existing 12"sanitary sewer line at Station 101 + 20 LF $122.00 $2,440.00 $118.00 $2,360.00 $50.00 $1,000-00 $400.00 $8,000.00 04 and replace with 6"SDR-26 PVC gravity sewer line 14. Replace existing 10"sanitary sewer lines as indicated on 115 LF $125.00 $14,375.00 $108.00 $12,420.00 $50.00 $5,750.00 $187.00 $21,505.00 the plans 15. Replace existing 10" Sanita sewer lines ad indicated 190 LF $135.00 $25,650.00 $108.00 $20,520.00 $50.00 $9,500.00 $160.00 $30,400.00 on the plans with 12"sewer line l 16. Replace existing 8" sanitary sewer lines as indicated on 45 LF $121.00 $5,445.00 $98.00 $4,410.110 $45!:(1! $2,025.00 $250.00 $1 1,250.0() the plans ! , 17. Replace existing 6" sanitary sewer lines as indicated on 205 LF $119.00 $24,395.00 $88.00 $18,040.00 $40.00 $8,200.00 $95.00 $19,475.00 the plans 18. Install 8"SDR-26 PVC gravity 90 LF $115.00 $10,350.00 $98.00 $8,820.00 $45.00 $4,050.00 $150.00 $13,500.00 19.Connect existing and rehabilitated sewer laterals directly 6 EA $19800.00 $10,800.00 $1,750.00 $10,500.00 $1,200.00 $7,200.00 $4,000.00 00 to slip liner $24,000. Pagel oft Schaumburg Polk, Inc. CONSULTING ENGINEERS Bid Tabulation CITY OF BEAUMONT SANITARY SEWER SYSTEM IMPROVEMENTS DOWLEN ROAD INTERCEPTOR REHABILITATION BID DATE: Tuesday, May 29, 2001 at 10:00 a.m. BIDDERS BRYSTAR CONTRACTING, ALLCO,INC. INC. P.O.BOX 3684 L.U.CONSTRUCTION BOYER,INC. 8385 CHEMICAL ROAD BEAUMONT,TEXAS 77704- 148 S.DOWLEN ROAD#694 9318 REID LAKE DRIVE BEAUMONT TEXAS 77705 3684 BEAUMONT,TEXAS 77707 HOUSTON,TEXAS 77064 Item Descri tion uant. Units Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 20.Trench Safety System 655 LF $0.01 $6.55 $1.00 $655.00 $2.00 $1,310.00 $3.00 $1,965.00 21. Special shoring 15600 SF $0.01 $156.00 $1.00 $15,600.00 X2.00 $31,200.00 $2.00 $31,200.00 22. Furnish, install, and maintain Storm Water Pollution 1 LS $1,500.00 $1,500.00 $2,250.00 $2,250.00 $30,000.00 $30,000.00 $2,000.00 $2,000.00 Prevention devices 23. Plug and abandon the existing 15"sanitary sewer siphon 1 LS $4,750.00 $4,750.00 between Stations 7+70 and 8+99 2,5$2,500.00 $ 00.00 $15,000.00 $15,000.00 $2,500.00 $2,500.00 24. Reline existing 15" sanitary sewer siphons at back of 109 LF $135.00 $14,715.00 $104.00 $11,336.00 $175.00 $19,075.00 $185.00 $20,165.00 curb,from MH 514 to MH 515 25. Reline existing 24" sanitary sewer siphons at back of 249 LF $185.00 $46,065.00 $155.00 $38,5JOO $175.00 $43,575.00 $230.00 $57,270.00 curb, from MH 1265 to MH 1266,and MH 514 to MH 515 :, ` .. . ... TOT.ALfBASE�IDITEMS S2;440,037.55 t,347;.`.t;; -`52,546,8 $2,556,367.00 $3,310,700.00 SLIP LINER: HDPE HDI'E 1IDPE IIDPE Contract Documents Acknowledge Addendum Nos. 1 &2 Yes Yes Yes Yes Bid Bond Yes Yes Yes Yes Qualification Statement Yes Yes Yes Yes The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the Bids received. ' BY: i DATE: -.Z9- I Page of Schaumburg Polk,Inc. B CONSULTING ENGINEERS 2 June 19, 2001 Consider approving a contract for the Eleventh Street Sanitary Sewer Interceptor Rehabilitation Project- Phase I City of Beaumont : OL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 8, 2001 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Eleventh Street Sanitary Sewer Interceptor Rehabilitation Project- Phase I. RECOMMENDATION Administration recommends approval of the contract with Allco,Inc., in the amount of$2,305,113 for the sanitary sewer rehabilitation work on the Eleventh Street interceptor. The project work includes rehabilitating or replacing 11,709 linear feet of sanitary sewer lines;replacing or adding 31 manholes;and deleting nine(9)existing manholes. The MBE goal will be met through a subcontract with the certified MBE firm of Texas Mechanical Specialty for a total of$500,000. This amount represents 22% of the total bid. BACKGROUND The existing sanitary sewer interceptor constructed in 1948 has deteriorated and requires major rehabilitation work. The primary needs for the project are to restore the structural integrity of the sanitary sewer interceptor, restore its carrying capacity, support the new development and provide customers with continuous, adequate service. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Capital Improvement Projects Fund. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract for the Eleventh Street Sanitary Sewer Interceptor Rehabilitation Project—Phase I. 11 Strintercep 1 sk.wpd June 8,2001 CITY OF BEAUMONT 11TH STREET INTERCEPTOR REHABILITATION BID SUMMARY Alan R.Tucker, P.E n 5/29/2001 79101 Item Quantity Units Description Allco, Inc. Boyer, Inc. LD Construction No. Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Base Bid: Items No. 1 through No.34 1 935 LF 18-inch O.D.HDPE by slip lining $81.00 $75,735.00 $85.00 $79,475.00 $110.00 $102,850.00 2 1,886 LF 21.5-inch O.D.HDPE by slip lining $96.00 $181,056.00 $94.00 $177,284.00 $145.00 $273,470.00 3 2,886 LF 24-inch O.D.HDPE by slip lining $131.00 $378,066.00 $100.00 $288,600.00 ,$153.00 $441,558.00 4 3,588 LF 32-inch O.D.HDPE by slip lining $198.00 $710,424.00 $125.00 $448,500.00 $185.00 $663,780.00 5 974 LF 24-inch PVC Pipe by oper rut $186.00 $181,164.00 $115.00 $112,010.00 $120.00 $116,880.00 6 88 LF 30-inch PVC Pipe by oper -,ut $261.00 $22,968.00 $210.00 $18,480.00 $200.00 $17,600.00 71 1801 LF 12-inch PVC Pipe by opera cut $48.00 $8,640.00 $130.00 $23,400.00 $93.00 $16,740.00 81 1001 LF 10-inch PVC Pipe by open cut $45.00 $4,500.00 $120.00 $12,000.00 $92.00 $9,200.00 9 435 LF 8-inch PVC Pipe by open cut $42.00 $18,270.00 $110.00 $47,850.00 $91.00 $39,585.00 10 5051 LF 6-inch PVC Pipe by open cut $39.00 $19,695.00 $110.00 $55,550.00 $90.00 $45,450.00 11 601 LF 4-inch PVC Pipe by open cut $39.00 $2,340.00 $105.00 $6,300.00 $60.00 $3,600.00 12 11 EA 4-inch PVC service line connection $600.00 $600.00 $3,500.00 $3,500.00 $2,900.00 $2,900.00 13 131 EA 6-inch PVC service line connection $800.00 $10,400.00 $3,600.00 $46,800.00 $2,900.00 $37,700.00 14 101 EA 8-inch PVC service line connection $875.00 $8,750.00 $3,800.00 $38,000.00 $3,100.00 $31,000.00 15 21 EA 4-inch service connection to interceptor $1,750.00 $3,500.00 $3,500.00 $7,000.00 $1,850.00 $3,700.00 16 81 EA 6-inch service connection to interceptor $2,250.00 $18,000.00 $3,600.00 $28,800.00 $2,100.00 $16,800.00 17 169 LF 32-inch diameter steel casing $290.00 $49,010.00 $350.00 $59,150.00 $400.00 $67,600.00 18 26 EA Removal and replacement of manholes, $5,500.00 $143,000.00 $13,770.00 '$358,020.00 $5,265.00 $136,890.00 19 8 EA Abandon/remove existing manholes $1,750.00 $14,000.00 $500.00 $4,000.00 $2,200.00 $17,600.00 20 6 EA Construct new 4-foot manhole $4,750.00 $28,500.00 $9,500.00 $57,000.00 $5,000.00 $30,000.00 21 351 EA Watertight stainless steel insert $245.00 $8,575.00 $150.00 $5,250.00 $375.00 $13,125.00 22 4,000 LF Trench safety $1.00 $4,000.00 $3.00 $12,000.00 $10.00 $40,000.00 23 11,000 LF Pre-construction television inspection $11.00 $121,000.00 $15.00 $165,000.00 $7.00 $77,000.00 24 10,300 LF Post-construction television inspection $2.00 $20,600.00 $1.00 $10,300.00 $6.50 $66,950.00 25 1,280 LF Post-con tv inspection 6,8,10,12 inch lines $2.00 $2,560.00 $15.00 $19,200.00 $9.00 $11,520.00 26 1001 SY Asphalt pavement replacement $20.00 $2,000.00 $60.00 $6,000.00 $40.00 $4,000.00 27 1001 SY Concrete pavement replacement $65.00 $6,500.00 $120.00 $12,000.00 $150.00 $15,000.00 28 1 LS Abandon junction box at station 123+44 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $4,500.00 $4,500.00 29 1 LS Connection at statiog 123+68 $50,000.00 $50,000.00 $125,000.00 $125,000.00 $20,000.00 $20,000.00 30 601 LF 60-inch diameter HDFE by open cut $400.00 $24,000.00 $200.00 $12,000.00 $750.00 $45,000.00 31 2 EA 60-inch diameter HDPE connect to RCP $6,000.00 $12,000.00 $5,000.00 $10,000.00 $3,500.00 $7,000.00 32 1 LS Plug/pressure test 107+40 to 108+32 $7,250.00 $7,250.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 33 1 LS Plug/pressure test 120=-75 to 1221-18 $7,250.00 $7,250.00 $3,000.00 $3,000.00 $6,500.00 $6,500.00 34 16 LF 24-inch DIP Class 53 by open cat $360.00 $5,760.00 $400.00 $6,400.00 $450.00 $7,200.00 Base Bid Total $2,155,113.00 $2,263,869.00 $2,397,698.00 1 1 L LS Replace-siphon at 107+40 F-1)8+32 $150 000.00 $150 000 00 $20 345 00 $20 345 00 $35 000 00 $35 000 nn 3 June 19,2001 Consider approving a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains-Contract III City of Beaumont ` Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, Public Works Director PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 11, 2001 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains -- Contract III. RECOMMENDATION Administration recommends approval of a contract with Brystar Contracting,Inc.,in the amount of $1,638,724 to rehabilitate 39,687 linear feet of 6-inch, 8-inch, 10-inch, and 12-inch sanitary sewer lines by pipe bursting/crushing, to replace and/or add 104 manholes, delete 20 existing manholes, and replace 462 existing service connections. The MBE goal will be met through subcontracts with the certified MBE firm of Texas Mechanical Speciality for a total of $180,000. This amount represents 11 percent of the total bid. BACKGROUND The City of Beaumont has approximately 760 miles of sanitary sewer lines from 6-inch to 72-inch in diameter. Many of the existing lines, some of which are more than 50 years old, are made of concrete and vitrified clay. The old lines deteriorate,collapse and break over time due to corrosive gases in the sewer and the shrinking and swelling of the soil which cause stoppages,infiltration,and overflows. Rehabilitation of the sanitary service lines and manholes is necessary to provide continuous, adequate sanitary sewer service to the citizens of Beaumont, and to prevent overflows which are prohibited by the State. The proposed method of rehabilitation is the most cost effective method and also produces the least disruption to surface activities. BUDGETARYIMPACT Funds in the amount of$2 million per year have been budgeted in the Water Utilities Division Operating Funds for the rehabilitation of small diameter sanitary sewer mains. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains—Contract III. ContractlIIsk.wpd 06-12-2001 BID TABULATION CITY OF BEAUMONT SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS-CONTRACT III BID OPENING DATE: MONDAY, MAY 21,2001 @ 2 PM The Bid Proposals submitted have been reviewed, and to the best of my knowledge this is an accurate tabulation of the bids received. OL LJoler�h�G/?aj7icalani, P.E.,Wat tilities Manager EVend Qty. Brystar Contracting, Inc. Garver Contracting, INc. Allco, Inc. Horseshoe Construction e Beaumont, T X Houston, TX Beaumont,TX Pasadena, TX B an Phelps Clifford Tubbs T.W. Harrison John Holt Mobilization 1 $10,000.00 $10,000.00 $50,000.00 $50,000.00 $27,000.00 $27,000.00 $10,000.00 $10,000.00 Item No.2 31,773 $29.50 $937,303.50 $28.00 $889,644.00 $34.00 $1,080,282.00 $44.00 $1,398,012.00 Item No. 3 7,149 $32.00 $228,768.00 $42.00 $300,258.00 $41.00 $293,109.00 $48.00 $343,152.00 item No.4 705 $36.50 $25,732.50 $99.00 $69,795.00 $48.00 $33,840.00 $70.00 $49,350.00 Item No. 5 60 $45.00 $2,700.00 $60.00 $3,600.00 $65.00 $3,900.00 $120.00 $7,200.00 Item No. 6 454 $450.00 $204,300.00 $450.00 $204,300.00 $325.00 $147,550.00 $450.00 $204,300.00 Item No.7 1 8 $840.00 $6,720.00 $550.00 $4,400.00 $425.00 $3,400.00 $1,700.00 $13,600.00 Item No. 8 104 $2,000.00 $208,000.00 $2,450.00 $254,800.00 $2,425.00 $252,200.00 $2,000.00 $208,000.00 Item No. 9 3 $400.00 $1,200.00 $450.00 $1,350.00 $745.00 $2,235.00 $500.00 $1,500.00 Item No. 10 1 $4,000.00 $4,000.00 $100.00 $100.00 $750.00 $750.00 $2,500.00 $2,500.00 Item No. 11 1 $10,000.00 $10,000.00 $6,000.00 $6,000.00 $500.00 $500.00 $15,000.00 $15,000.00 Total Base Bid $1,638,724.00 $1,784,247.00 $1,844,766.00 $2,252,614.00 Method TT Technology/ TT Technology McDonnell Pipe Crushing TT Technology Grundocrack System Completion Time 180 180 180 180 calendar days) CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) Date of Report J��f0� Department Project No. ST,Z�lS/ tom'Y.��oi2 e4. Z,QC,'JI6 . ,�:NC, Total Contract Amount $ G'U Location LAZ Name of Prime Contractor/Proposer it TYPE OF WORK (FLLC fRIC:1L. 1'\\*I\( . 1 VC ) 111\01f( I H) 011: OF \IINORITI AND CONTRA('] I HAAS OR PAk I'S T111 RFOl ('0\1\11 \(,I Vi \ I & CON fRAC1 OR ADDRESS TO BE PERFORMED CON11'1 L 110\ 1) \I L—L T W 77764 ►4/ ppo.Oc The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract�%ah the Cm of Beaumont NOTE: I. Any business listed above must have Schedule A on file with the City. 2. Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion. Sig ature W LS—)JIFitJT Title 31 Pu 1.111huc„P,) 4 June 19, 2001 Consider authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Capital and Operating Assistance funds for the Beaumont Municipal Transit System V~C19fi City of Beaumont qw- ..A Iggravullou"s I L%-r3 EL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 12, 2001 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration(FTA)to receive Operating Assistance funds for the Beaumont Municipal Transit System. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to submit a grant application and execute a contract with the FTA to receive Operating Assistance funds for the Beaumont Municipal Transit System. BACKGROUND Beaumont Municipal Transit has prepared a grant application for Fiscal Year 2002 FTA funds. The grant will help fund the labor, fringe benefits, parts and supplies,purchased services,utilities, insurance, taxes and licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Beaumont Municipal Transit (BMT) System in Fiscal Year 2002, the period from October 1, 2001 through September 30, 2002. It should be noted that these budget numbers are estimates. The total operating budget is $3,400,00. However, Beaumont's Federal & State formula allocation is not known at this time. The City has been told to expect a reduction up to $170,000 in State funding and the current projected Federal funding for FY2002 is $1,288,769. BUDGETARY IMPACT The grant will pay for 50% of the net operating deficit. OPERATING PROJECT BUDGET FY 2002 FY 2001 FTA Grant Share $1,422,500 $1,242,500 City Share 877,637 656,637 State Share 524,863 524,863 Section 8 Planning 15,000 15,000 Charter 5,000 15,400 Advertising Revenue 0 30,600 Farebox Revenue $ 555,000 $ 515,000 Total $3,400,000 $3,000,000 PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager Council to submit a grant application to the Federal Transit Administration (FTA) for Fiscal Year 2002. ftagmtcg.wpd 06-12-01 5 June 19, 2001 Consider authorizing the City Manager to execute an agreement with Theatre League of Louisiana to partner with the City for the presentation of a three-show theatrical series City of Beaumont Council Agenda Item 'M E g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 11, 2001 REQUESTED ACTION: Council consider authorizing the City Manager to execute an agreement with Theatre League of Louisiana to partner with the City for the presentation of a three-show theatrical series. RECOMMENDATION Administration recommends authorizing the City Manager to execute an agreement with Theatre League of Louisiana (TLL) to collaborate with the City on a three-show Broadway Theatrical Series at the Julie Rogers Theatre for the 2001/2002 season. BACKGROUND Due to the overwhelming success of the 2000/2001 Broadway Theatrical Series, in which the City was able to realize approximately $19,000 in net show revenues, staff has been collaborating with TLL to present the second season of quality Broadway performances to the community. Last year, the City entered into a partnership agreement with TLL to present the Broadway series. TLL was initially contacted because of its access to major production talent. As in the previous agreement, TLL assumes responsibility for providing the booking of titles and acting as the series promoter. They also assist staff in presenting sponsorship proposals to potential corporate sponsors and preparing complete artwork layouts for mailing pieces, banners, print ads and programs. The City is responsible for show expenses, such as advertising, ticket sales, event staffing and security. All income from sponsorship and ticket sales is to be allocated in the following priority: show talent guarantee, advertising expenses, stage hand expenses, and building expenses. All remaining funds will be split equally between TLL and the City. Broadway Theatrical Series 2001/2002 June 11, 2001 Page 2 The following titles and dates have been secured for the proposed 2001/2002 season: Show Title Appearance Date Ragtime October 18, 2001 Sunshine Boys January 20, 2002 Annie Get Your Gun April 14, 2002 Each show is estimated to cost $49,910. Flat talent fees have been negotiated for Sunshine Boys and Annie Get Your Gun at $25,000 and $26,000 respectively. Ragtime's talent cost is $27,500, and 8% of the net adjusted gross box office receipts. The Julie Rogers Theatre has a seating capacity of 1,681. If every seat in the Theatre were sold, excluding complimentary and production kills, a gross income of$51,940 would be realized. This is based on an average ticket price of$36.73. Tickets are priced at $40, $35 and $30. In order to break even on the series, including sponsorship income, an average of 937 tickets would need to be sold for each show. Last year, more than 870 season tickets were sold and attendance at each performance averaged 1,220. Hibernia Bank has committed to providing primary sponsorship for the series. The primary sponsor contributes $30,000 toward production costs. Both the City and TLL are working on acquiring sub-sponsors for each event. BUDGETARYIMPACT The estimated expenses associated with the City's commitment would be charged to the Convention Facilities Division's operating budget. However, income received from sponsors and ticket sales will offset these expenditures. Last year, the City netted approximately$19,000 from the series. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Convention Facilities Manager and Central Services Director. Broadway Theatrical Series 2001/2002 June 11, 2001 Page 3 RECOMMENDED ACTION Approve/Deny authorizing the City Manager to execute an agreement with Theatre League of Louisiana to collaborate with the City for a three-show Broadway Theatrical Series at the Julie Rogers Theatre for the 2001/2002 season. Mr. Stephen Bonczek May 29, 2001 City Manager City of Beaumont P O Box 3827 Beaumont, Texas 77704 Dear Stephen, Thank you for your interest in partnering with Theatre League of Louisiana on a 3-show Broadway Series at The Julie Rogers Theatre for 2001/2002. I have the three following titles and dates for your consideration. October 18, 2001 RAGTIME January 20, 2002 SUNSHINE BOYS April 14, 2002 ANNIE GET YOUR GUN Below is a general overview of our agreement. Theatre League of Louisiana assumes responsibility of the following details: 1) Coordinating booking of titles, advancing deposits of agreed upon dates and fees. Complete coordination of details pertaining to each show and assumes all details normally handled by"promoter". 2) Theatre League will prepare and help Civic Center staff present sponsorship proposals to potential corporate partners of the series as a whole as well as sub- sponsors of each event. 3) Theatre League will prepare and help Civic Center staff present sponsorship proposals to potential media partners of the series. 4) Theatre League will prepare or assist with complete artwork layout for mailing pieces, banners, print ads, programs. THEATRE LEAGUE of L O U I S I A Stephen Bonczek May 29, 2001 Page 2 Beaumont Civic Center/Julie Rogers Staff'assumes responsibility for the following details and expenses. 1) Ticket sales, tracking of patron data to ensure renewal and upgrade opportunities for patrons in renewal years. 2) On air interviews for TV and radio to help promote the series. 3) Beaumont Civic Center to handle the advance expenses of the following and agrees to be at risk for the following expenses. Advertising, printing of brochures, artwork, etc. Complete advertising budget estimated at $30,000 ($10,000 per show) For pre-sale of series and individual promotion of the shows. Building rent, ticket sales commission, credit card charges, cashiers, security, police, stage hands, telephone, catering, miscellaneous expenses. It is understood that all income from sponsorship and ticket sales will be allocated as follows. I' money out - Show Guarantee 2nd money out - Advertising Expenses 3`d money out - IATSI Charges 4`}' money out - Building Expenses All remaining funds split 50/50 Jo1yr1V &Meara Stephen Bonczek Theke League of Louisiana City Manager Date: 5' _29_0(_ Date: 6 June 19, 2001 Consider accepting the Concord Road Pavement Widening Delaware Out-fall Contract II A, approve Change Order No. 2 and authorize final payment City of Beaumont •r• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: JoriS P. Colbert, City Engineer MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 13, 2001 REQUESTED ACTION: Council consider a resolution to accept the Concord Road Pavement Widening Delaware Out-fall Contract II A, approve Change Order No. 2 in the amount of($131,072.12) and authorize final payment in the amount of$307,143.18. RECOMMENDATION Administration recommends acceptance of the project, approval of Change Order No. 2 in the amount of($1.31,072.12) and final payment in the amount of$307,143.18. BACKGROUND On September 21, 1999, the city council awarded Excavators Constructors, Inc. the contract for Concord Road Pavement Widening Delaware Outfall Contract II A Project for an amount of $5,024,678.32. After meeting with the contractor on cost saving measures, Change Order No. 1 was issued decreasing the contract amount by $432,944.15. Due to a decrease in construction item quantities, Change Order No. 2 in the amount of ($131,072.12) is required to adjust the estimated quantities during performance of the project, decreasing the contract to $4,460,662.05. The MBE participation in the performance of the contract totals $456,411.60 representing 10% of the final contract amount. A copy of Schedule C identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT Funds were allocated in the capital improvernent program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution accepting the Concord Road Pavement Widening Delaware Outfall Contract II A, approving Change Order No. 2 and authorizing final payment in the amount of $307,143.18. concchg2 CITY OF BEAUMONT DATE: 06107/01 PROJECT: Concord Rd.Project-Delaware Outfall Contract II A OWNER: City of Beaumont CONTRACTOR: Excavators&Constructors,Inc. CHANGE ORDER NO. 2 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjust the estimated quantities to reflect actual quantities used during performance of the project. ORIGINAL CONTRACT AMOUNT: $ 5,024,678.32 NET FROM PREVIOUS CHANGE ORDERS: $ 4,591,734.17 TOTAL AMOUNT OF THIS CHANGE ORDER: $ (131,072.12) PERCENT OF THIS CHANGE ORDER: 2.85% TOTAL PERCENT CHANGE TO DATE: 11.46% NEW CONTRACT AMOUNT: $ 4,460,662.05 ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,CITY ENGINEER TOM WARNER,DIRECTOR OF PUBLIC WORKS STEPHEN J.BONCZEK,CITY MANAGER ATTESTED BY: BARBARA LIMING,CITY CLERK CITY OF 13EAUN-IONT SCHEDULE OF I U E CTICIPATION C r Date of Report i_ Dcpartment Project No. -F Location Percent Comolete UtAivc, r Total Contract Amount S I y�L ctorlProV°Ser TYp6 OF NVORK(ELECTRICAL:;.P,�YWC 'm �RblECTED °r '� prime contta C014T CL'ITEMIS..OR P:1RfS T1IER OR ; COl11iV CE�{ETIT$rt , ;,<AGREED � r �t r {R is r �> :.TO DE PERFORMED .. �,:. �.'COMPGT�ONDAfE Y< >:riXyl�Se �'t< '{ 4K+��v�.+'e Z f c nr' „1, :i �Y - -N; 'p�a.G .."`•:.. � �� .fit>••,u...�;.��ON..,,,.:Y. at � tt. a�a,� saw _ s 11,01 '717, _ o o� QS o 5 5- Q 7 3 6 O to c 77 9 S '—V 5 e will enter into a formal ,,cement with MDE Canttactors for work listed�n thts schedule conditioned upon execution of a contract with the cit of neaumont. '[he undersigned Any business listed above m ust have Schedule A it rile with and 1t 00%of�roject comole:lon. C r Schedule t is to be included with bid,and resubmits at NOTE: 1. y Sign to 2. LL a_ cu Title u7 .-i m �tl PW/E Form SchedC.0203-93 m CD N i IL CITY OF BEAUMONT ESTIMATE Page 1 of 4 !PROJECT f _Concord Road Pro�eot,Qolawtm Outfall�ConttaCt q A(CONTRAC;Y AMOIIIVT 34,581,73417'RERCENT OP TIME USED 1Q0 00% CONTRACTOR` EXCAR$$CONSTRUCTORS,INC CON7RAGT DATE 91211 PERGENT;OF 11VORK COMPl, 900 00%e i MONTHLY EST_ 19&fINAI CONTRACT CALENDAR PAYS 5411 P_ERIOO ENDING A5/31l01,CALENQAR DAYS IfSD 840 l ICHANOE ORQEF2S� #'1�_.. ` ITEM DESC tiNIT 1*57" ORK nONEj WC►?2K1ONE flYAt WORK UNIT ; 100 001 PREP ROW STA 78.28 78.281 0.00 78.28 4 $448.00 $35,069.44 104 001 REMOV EXISTING CONC(STREET) SY 7,230.00 9,478.90 _0.00 9,478.90 _ $4.70 $44,550.83' 104 002 REMOV EXISTING CONC(DRIVEWAYS,SLABS,ETC.) SY _ 3,534.001 2,644.19 _ 0.00 2,644.191 $4.95 514,078.74 _. - - 110 001 EXCAVATION(RDWY) CY 12,243.00 12,020.52 _ 222.48 12,24300 $5.90 $72,233.70! 1 132 001 ROADWAY EMBANK I CY 1,397.20 1,414.56_ _. -- 0.00• ---- 1.414.56: $54,913.22 ' 162 1 001 BLOCK SODDING SY 12,000.00; 2,800.00 5,200.001 8,000.00 $2.50 _ _ $20,000.00 - .. _ - _ 247 1 001 - :FL BS(TY A,GR 1)(DENSITY CONTROL)(CL II) TNS 2,560.001 2,292.081 0.00 2,292 08 _ $23 30 _ $53,405.46 - - --- --. 1 260 001 LIME SLURRY(7%BY DRY WEIGHT)(TY B)(DC)(6') TNS 0.00 000 0.00 0.00. $0.00 $0.001 +` .G.R ---.._.A .._._. -- -- ----260 002 SUBGRADE LIME TREATMENT SY 0.00 0.00 0.00 0.00 $0MI $0.00 310 I 001 PRIME COAT GAL 625.00 602.40 400.00 1,002.401 $2.001 $2,004.80 340 001 ASPH CONC(TY D)(2-) SY 2,491.00 3,359.30' 1,362.97 4,722.27 $7.00 $33,055.89 360 001 { CONC PAV(CP JR)(8')(CLP) SY 21,395.35 21,133.251 0.00 21,133.25 $21.501 $454,364.88 -- --- 360 002 CONC PAV(CP JR)(6')(CLP) SY 4,802.00 4,762.03 0.00 4,762.03 $20.50's $97,621.62 360 003 6'CONCRETE CURB(TYPE A)(6) LF 16,37360 14,079.00 _ 356.00 14,435.D0 _$1.85 __ 526,704.75 _ _ 1 400 001 STRUCTURAL EXCAVATION(TRENCH) CY 46,177.00, 46,177.00 0.001 46,177.00 $3.401 $157,001.80 400 002 CEM STAB.SAND(1 112 SACK PER C.Y.) CY 24,385.001 24,534.89 0.00, __24,534.89 $20.85 $511,552.46 402 001 ,1 TRENCH EXCAV PROTECTION LF 9,280.00 7,472.00 1,808.00 _9,260.00 $1.351 _S12,528.D0 _ - 432 001 RIPRAP(CONC)(CL II) CY 100.00 34.63 _ 21.03 55.66 $333.001 $18,534.78 1 462 1 001 CONC BOX SEWER(7 x 5')(TYPE C-789) LF 1,160.00 1,169.00 ___ 0 _ 1,169.001 $196.761 $230,012.44 462 I 002 _ -GONG BOX SEWER(B'x 5')(TYPE C-789)_- _ LF _ 3,259.00 3,352.00, _ 0.00: _ 3,352.00 $214, $717,529.12 1 462 003 CONC BOX SEWER(9 x 5')(TYPE C-789) LF 1,004.00 1,006.001- 0:001 1.006.00! $251.43, $252,938.58 �62 004 CONC BOX SEWER(10'x 6)(TYPE C-789) LF 2,096.00 2,048.00 -- 0 001 2,04800 $303.631 $621,83424 465 001 I !CURB INLET(TY A) I EA 48.00 51.501 050: 52.00' $1,350.001 __ S70,200.00 465 002 i JUNCTION BOX WANLET(TY B) 1 EA 11.00 _ _ 8.00'. 0.00 8.001 $1,469.001 $11,752.00 465 003 ( ;JUNCTION BOX(LARGE)(UNDER PAVEMENT) EA 6.00 4.00 0.00 4.00: $36.464.00 _. 465 004 1 JUNCTION BOX(SMALL)(OUTSIDE PAVEMENT) EA 3.00 1.7-5 0.25. 200 $2,849.00,' $5.698.00 465 005 INLET EXTENSION EA 21.00 900: 0.00 q 00! $561.00 $5,049.00' 465 )_006 ,PRECAST CONCRETE MANHOLE RISER EA 5.00 2.00 0.00' 2.00 5484,00: $968.00 Page 2 of 4 - --- ----- - - IT UNtT E5T .i1VORKdONE WORK BONE OTAL WORK UNIT I �- Na CODE 1 ALT - b SCf21fy i lON�` - EA5i/R QuAN f-i,q$1 ES7 G T 1 E5i 70 GATE. PkICE TOTAL 1 467 001 SAFETY END TREATMENT EA 8.00, 4.001 300; 7.001 $560.00 $3,92000! 479 1 001 ADJUSTING MANHOLES AND INLETS EA 1.00 0.00 000 0.001 $450.00 $0.001 i .. . 496 ± -001 REMOVING OLD STRUCTURES EA 252.00 258.00 000, 258.00 $69.00 $17,802.00 500 001 1 MOBILIZATION LS _ 1.001 0.90 0.10' 1.00_ $236,500.00 $236,500.00 502 001 (BARRICADES,SIGNS,AND TRAF HANDLE MO - 18.001 17.00- 1.001 18.0_0. $4,010.00 $72,180.00 508 001 CONSTRUCTION DETOURS(CLASS 3) SY 0.00 0.00 0.00 0.00 $000 $0.00 . . _... ---- . . ._.. .._. . ... . ........ -r- --... ..__ ... _. - .. ----- -... 530001 IDWY(6"CONC) SY 795.00 889.35 0.00 889.35 $23.35: $20,766.32 C) - _ 530 002 :DWY(4'CONC) SY 4,181.00 2,734.34: 15.75 2,750.09 _ $19.75 $54,314.28 531 001 SIDEWALKS LF 6473.00 6,265.50 _ 245.00 6,510.50 $9_50; $61,849.751 618 001 CONDUITS(3") _ _ LF I 535.00 469.00 0.00 469.00 $4.851 $2,274.65: 624 001 'GROUND BOXES I EA 8.00! 0.00 0.00 0.00 $115.001 $0.00! 666 1 001 ITHERMO PAVEMENT MARK 4'WHITE SOLID LF 2,012.001 0.00 2,028.00 2,U28.00i $1.501 $3,042.00: I. .. _ .. __... _ ._.. _ 666 002 !THERMO PAVEMENT MARK 12-YELLOW SOLID LF 470.00 0.00 360.00 360.00 $4.00 $1 440.00 666 003 THERMO PAVEMENT MARK 4-YELLOW BROKEN LF 470.00 0.00 60.00: _ 60.00 $1.00 $60.00j 666 004 1THERMO PAVEMENT MARK 4"YELLOW SOLID LF_ 1,447.001 ____0.00 863.00' _ 863.00 _ _$1.00 $863.00 666 005 jTHERMO PVMT MARK 4"YELLOW SOLID(DOUBLE) LF i 3,581.00• _ 0.00 3,589.00: 3,589.00 $1.251 $4,486.25 666 006 THERMO PAVEMENT MARK 8'WHITE SOLID ._!,.. LF - -986.001 0.00 949.00. -----949.00 - - $1.25; $1,186.25 ..------... ... .. .------- ... . .. ----..._....... ._ . 666 007 THERMO PAVEMENT MARK 24'SOLID WHITE LF 438.00, 0.00 465.00, 465.00 $6.00i.1 $2,790.00 666 008 THERMO PAVEMENT MARK 12"WHITE SOLID LF 120.00; 0.00 50.00: 50.00 $4.501 $225.0_0 _666 009 i THERMO PAVEMENT MARK ARROW(W) EA 16.00! _0.00 16.00: 16.00 $75.001 $1,200.00 f666 010 THERMO PAVEMENT MARK WORD(W)- EA 4.00' _ _ 0.00 4.001 4.00 $150.00 $600.00 672 001 RAISED PVMT MARKER(TY 1-C) EA 43.00 0.001 60.00 60.00 $4.00 $240.00 672 1 002, _ ._ RAISED PVMT MARKER(TY Il•A-A) _.-_ _.. . EA_ __ _.-. 538.00 0.00, 488.00 ---_ 488.0011 $4.00 $1,952.00 4025 001 1C THERMOPLASTIC PIPE(CPP-TY S)(30') LF 30.00 30.00 0.00 30.001 $36.85 $1,105.501 -- - -- - -... _ .. ---. ...__. - - .. .._._.. 4025 002 1C THERMOPLASTIC PIPE(CPP-TY S)(24') LF L 896.00 748.00 40.0_0 788.00' $29.20 $23,009.601 - - 4025 003 1C THERMOPLASTIC PIPE(CPP-TY S)(18") LF 1,157.00 1,391.00) 40 00 1,431.001 $25.05; $3__5.846.55 --.. ... 5007 001 4BALED HAY FOR EROSN.8 SEDT.CNTRL.(INSTALD) EA 1 50.00_ 0.00 0 OOI 0.00 $6.50: $0.00; 5007 002 BALED HAY FOR ERSN&SEDT.CNTRL(REMV&REPLC) EA 50.00'% 0.00 0.00: $7.45 5007 003 BALED HAY FOR EROSN &SEDT.CNTRL.(REMV) EA 50.00 _ 0.00 0 00 0.00 _ _ $1.20 $0.001 5009 1 001 TEMP.SEDMNT CNTRL(FENCE)(INSTALLED) LF 10.000.00 567 00 000- _ 567.00 $0.50 $283.501 ,...- I..__ _. -._ - -- 5009 I 002 iTEMP.SEDMNT CNTRL(FENCE)(REMV&REPLACE) LF 10,000.00 0.00 0001 0.00 - - $0.60 - $0.001 -- ..... ---- - - -- - ---- _... _ 1 5009 003 TEMP.SEDMNT CNTRL(FENCE)(REMOVE) LF l_ 10,000.00 __ 0.001 0.00: 0.00 $0.101 $0.00 5613 ! 001 __ 12"PVC WATER MAIN(C-900)(DR 18)(CL 150) LF 4,263.00_ 4.172.00! 0.001 _ _ 4,172.00 _ $21.60] sw-1 .20 5613 002 8"PVC WATER MAIN(C-900)(DR 18)(CL 150) LF 2,770.00 2.502.00! 0.00 2,502.00 $13.85 $34,652.70 4-- ... _ .._ ..-- -- -. 5613 003 1 _ 6'PVC WATER MAIN(C-900)(DR-18)(CL 150) LF 2,656.00 2,641.00' O.00j 2,641.00 510.851 528,654.85 i !9M tiSC >ES RK N WORK E�f?NE MiN Page 3 of 4 O : ALr ODATE� P..Pf 7OT/AI. �.: F 5613 004 - 2"PVC WATER MAIN(SDR PR-26)(CL 160) LF 601.00 645.00_ 0.001 645.00, $8.501 $S 482.50 . --- -_ .. -- ---.. ...- 5613 005 2'STEEL CASING FOR WATER SERV.UNDER PVMT. LF 3.350.00 2,260.00 0.001 2 260.00 $3.80 58 588.00 ... ._ _. -. -- --- --- -.... ..- 1. _ .._- r- 5615 001 30'DUCTILE IRON CLASS 52 SANITARY SEWER LF 40.0 40.00 0.00 40.001 5253.00 $10 120.00 5615 002 B'SDR 35 PVC SANITARY SEWER LF 5,250.001 5,240.501 0.00 5,240.50 511.60 $60,789.80 15-- 1 __. 5615 i 003 I 16'SDR 35 PVC SANITARY SEWER LF 1,174.00 1,345.00 _ 0.00 1,345.00 510.30. $13,853.50: 5615 004 :8'SDR-26 PVC SANITARY SEWER LF 167.00 167.00 0.00 167.00 _ __ $15.40: __$2_,571.80 5615 005 4'SDR-26 PVC SANITARY SEWER I ' 1...._.. - SANITARY _ LF 4,500.00. 142890 1200 _ 1,440.90 513_401 $19,308.06 5615 1 006 SERV.LINE CONN.(SERV.'T',CO,ADAPTERS) I EA I 140.00 71 00 000}- 71.001 5118.00 $8,378.00 -- --- --- . . ..._.. 5617 1 001 SANITARY SEWER MANHOLE EA 24.00 27.00 0.00 27.00 5953.00 $25,731.001 ..._. 5617 002 SANITARY SEWER CLEANOUT EA 2.00 _ 2.001 0.00; 2.00: _ $129.00 $258.00 _ -- 5617 003 36"_STEEL CASING PIPE LF 16.00. 16.00 t ___ 0.001 _ 16.00 _ $51.65 _ $826.40' 5617 004 12'STEEL CASING PIPE LF 40.001 27.00 0.00 _27.00 $27.551 $743.85 5618 001 12'AWWA GATE VALVE EA 17.00 13.00 _ _ 0.00 13.00 __ $993.00 $12,909.00--1 i 5618 _002 8'AWWA GATE VALVE EA 7.00 3.00 - - 0.00:: _3.00- S535.00 __$1,605.00• 5618 003 16'AWWA GATE VALVE EA 12.00 _ 8.00 0.00• 8.001 _ $346.00; $2,768.00 5618 004 I 2"CORPORATION STOP _EA 10.00 10.00 0.001 10.00 $128.001 $1,280.001 5619 , 001 'FIRE HYDRANT ASSEMBLY l-. EA i 12.00 14.00! 0.00 14.00 $1,716.00 $24,024.00 CHANGED BY CHANGE ORDER#1 lk r PREPARED BY: - HASSAN SHOMALZADEH,CIVIL ENGINEER III TOTAL AMOUNT OF WORK DONE: $ $4,460,662.05 CHECKED BY: LESS 5%RETAINAGE: $ $0.00 ��� DIANE NEWSOME,ENGINEERING TECH. DIFFERENCE: $ $4,460,662.05 APPROVED BY: r //� LESS SPECIAL REDUCTION:INSP OT $ $3,085.32 COLBERT,CITY ENGINEER LESS LIQUIDATED DAMAGES: $ $0.00 LESS PREVIOUS PAYMENTS: $ $4,150 33_55 TOM WARNER,DIRECTOR OF PUBLIC WORKS AMOUNT DUE THIS ESTIMATE: $,I $307,143.18 7 June 19, 2001 Consider authorizing the City Manager to execute a Development and Lease Agreement with Jeff Hughes for the Tyrrell Park Horse Stables City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 14, 2001 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Development and Lease Agreement with Jeff Hughes for the Tyrrell Park Horse Stables. RECOMMENDATION Administration recommends authorizing the City Manager to execute a ten (10) year agreement with Jeff Hughes for the renovation and lease of property referred to as the Tyrrell Park Horse Stables. BACKGROUND At a February 20, 2001 work session, City Council was presented with an overview depicting the dilapidated condition of the Tyrrell Park stables. Also presented was a proposal from Mr. Jeff Hughes to lease the property for an equestrian oriented day camp and horse rental operation. In lieu of rental payments, Mr. Hughes proposed to spend approximately$72,000 toward renovating the facilities. In order to complete the renovation project, the City would commit an amount not to exceed $103,000. On March 20, 2001, staff presented a lease agreement with Mr. Hughes for Council consideration. The agreement provided for an eight (8) year term with an option to renew for an additional five (5) years. According to the agreement, Mr. Hughes would secure the services of a quality contractor and complete the required improvements at an estimated cost of$175,000. Prior to Council's decision, Mr. Hughes withdrew his proposal. The reason for his withdrawal was a lack of time to effectively complete the renovations prior to the summer camping season. Tyrrell Park Horse Stables June 14, 2001 Page 2 Recently, Mr. Hughes contacted staff concerning his renewed interest in leasing the facility. A proposal was submitted and has been forwarded to City Council for review. According to this proposal, Mr. Hughes agrees to make the necessary improvements to make the park's stable facilities operational. All costs associated with the renovation project will be borne by Mr. Hughes, accept for minor in-kind services that can be completed by the City. Staff has prepared a new agreement to facilitate the proposed project. This agreement provides for a ten (10) year term. In lieu of rental payments during this term, Mr. Hughes will make all of the necessary improvements at no cost to the City. He has estimated that the improvements will cost approximately $125,000. Improvements include renovation of the exterior and interior of the stables' wrangler's living quarters, public restrooms, office area and barn. Also included is the complete renovation of the property's caretakers' house where he plans to reside during the agreement's term. Improvements proposed in his latest proposal have been reduced in scale from his original proposal, such as not adding an additional room to the caretaker's house. All improvements must be approved by the City and must be in accordance with all applicable laws, codes and regulations. As mentioned above, certain in-kind services have been requested. These include painting of the facility's exterior with Mr. Hughes providing all necessary materials, using inmate labor to remove debris from the site, providing a security cable across the front of the property, and that the City's grounds maintenance contractor continues to maintain the pasture areas around the stable facility. If the agreement is approved by Council, Mr. Hughes will begin renovations immediately in the stable area. Once the stables are complete, he will begin providing horse rentals to the public. He then plans to renovate the caretaker's house and use it as his permanent residence. Mr. Hughes' business plan was reviewed by Mr. Gene Arnold, Director of the Small Business Development Center at Lamar University. Mr. Arnold found the plan to be both reasonable and achievable. A copy of this plan was presented to City Council previously. BUDGETARY IMPACT In-kind services will have a minimal impact on various operating budgets within the General Fund. All renovation will be provided and funded by the agreement's lessee. PREVIOUS ACTION None. SUBSEQUENT ACTION None. Tyrrell Park Horse Stables June 14, 2001 Page 3 RECOMMENDED BY City Manager, Public Works Director and Central Services Director. RECOMMENDED ACTION Approve/Deny authorizing the City Manager to execute a Development and Lease Agreement with Jeff Hughes for the Tyrrell Park Horse Stable facilities. Draft State of Texas § County of Jefferson § Development and Lease Agreement THIS AGREEMENT is made and entered into this day by and between the City of Beaumont, a municipal corporation of the State of Texas(herein referred to as"City") and Tyrrell Stables, Inc., a corporation of the State of Texas owned by Jeff Hughes, (herein referred to as"Tenant'), for the improvement and lease of property within Tyrrell Park in Beaumont, Texas and being described in Exhibit"A" attached(herein referred to as"Property"). WHEREAS,City has right,title and interest in and to the facilities and privileges hereinafter granted, and has full power and authority to enter into this Agreement in respect thereof;and WHEREAS,Tenant wishes to renovate City Property and thereafter lease Property for an equestrian oriented day camp and horse rental operation for the benefit of the citizens of Beaumont and Southeast Texas. NOW,THEREFORE,in consideration ofthe mutual covenants and considerations herein contained, City lets and demises to Tenant and Tenant takes from City the Property and all described rights incident thereto, subject to the following: Article 1 TERM OF AGREEMENT 1.1 The primary term of this agreement shall be ten(10)years,commencing on July 1,2001 and shall terminate on June 30, 2011, if not sooner terminated as herein provided. 1.2 Upon expiration of the primary term, the City Manager or his designee may extend this Agreement for an additional five (5)year period. The terms and conditions of the extended term must be agreed upon in writing by both parties within sixty (60) days prior to the Agreements termination. 1.3 Tenant agrees that upon expiration of the primary term or any extension of this Agreement or sooner cancellation thereof, the Property will be delivered to City in good condition, reasonable wear and tear accepted. -1- Article 2 RENTAL, FEES AND PAYMENT 2.1 Tenant shall keep and maintain a complete and detailed accurate set of books and records of daily entry accounting for receipts related to the operation of the Property and such books and records shall be available for examination by City at any and all reasonable times. 2.2 During the primary term of this Agreement, Tenant shall not be required to make monthly payments to City as consideration of its interest in the lease. After completion and acceptance of the renovations to Property by City,as provided in Exhibit"B",the Tenant will donate the renovations to the City in lieu of rental for the primary term of this Agreement. Article 3 OBJECTIVES AND PURPOSE OF AGREEMENT 3.1 For the term of the Agreement,Tenant shall be qualified,authorized and herewith designated official in possession and control of all real property known as Property and as shown in Exhibit "A". The Property will continue to be owned by the City during the term of this Agreement and any extension thereof. 3.2 Tenant shall, at his own cost and expense, operate, manage and maintain said Property and surrounding grounds in a fit and proper order, suitable for equestrian and day camping activities only. Any other uses of the Property contemplated by Tenant must receive prior written approval by the City Manager or his designee. 3.3 Tenant shall be an independent contractor, not an employee or agent of City and all persons employed by Tenant shall be his employees and shall not be employees of City. Tenant shall employee only qualified competent persons. Article 4 OBLIGATIONS OF TENANT 4.1 Tenant shall at his own cost and expense: 4.1.1 furnish all personnel and labor necessary for the normal maintenance and operation of said Property, 4.1.2 acquire and furnish all equipment, including tractors, trailers, mowers and similar equipment and tools necessary to operate and maintain said Property, 4.2 Tenant shall furnish all equestrian equipment and a minimum of six(6)horses,tack,feed and similar equipment and supplies necessary to operate and maintain equestrian activities and rentals. -2- 4.3 Property and all livestock boarded or owned by Tenant, clients or other individuals shall be maintained and kept in strict accordance with safety programs, rules, regulations and operating procedures, and any amendments thereto, established by the State of Texas, V.T.C.A., Occupations Code, Chapter 2053. Riding Stables (herein referred to as "Standards") for commercial horse operations, attached hereto as Exhibit "C", or any applicable laws, rules or regulations governing riding stables. Any horse shows, camps, clinics,horse rentals,horse and carriage rides, covered wagon rides, barn tours,pony rides, etc., offered,promoted,or sponsored by Tenant shall be conducted in strict accordance with the guidelines and safety procedures set by the Standards, or any amendments thereof. 4.4 Tenant shall obtain and maintain a certificate of registration issued by the Texas Department of Health, in accordance with the V.T.C.A., Occupations Code, Chapter 2053. Riding Stables, or as may be amended,prior to the start of any operations at the Property. 4.5 Tenant shall report violations of any equestrian laws,and specifically lack of proof of Coggin immunizations, to the State of Texas Animal Health Commission. 4.6 Tenant shall establish rules and regulation for horse rental and stable operations, as well as a schedule of all rental fees,horse training fees,riding lessons, camping fees,equipment and retail sales,and all other revenues to be derived from Tenant's operation of the Property and obtain written approval of the City Manager prior to the effective date thereof. Such approval will not be unreasonably withheld. 4.7 Tenant shall confine all riding activities to the Property and designated riding trails;no riding is allowed on Tyrrell Park property except in the Property areas which are encompassed by the Agreement. Tenant may be granted use of other areas only by written approval of the City Manager or his designee. 4.8 Tenant and his customers, clients and patrons shall drive and park only in designated areas; vehicles are only permitted on grass areas for the temporary transport of supplies and equipment. 4.9 Tenant shall be responsible for the control of air borne vectors within the Property and for removing manure from Property at least once per month. Stored manure must be limed and sprayed to control flies. Use of pesticides shall be in accordance with all applicable laws and regulation. Manure shall be removed from stalls on a daily basis at minimum. Tenant shall adhere to all regulation governing its disposal. 4.10 Tenant shall be responsible for keeping Property free of any liter, trash or debris and shall adhere to all regulations governing its disposal. 4.11 Tenant shall be responsible for locking the side gates at the Property and the Downs Road park entrance at dark each day. -3- 4.12 Tenant shall obtain and maintain a license issued by the Texas Department of Health, in accordance with the State of Texas,V.T.C.A.,Health and Safety Code, Chapter 141.Youth Camps,or as may be amended,prior to the start of any operations at the Property. All State Department of Health rules and orders and all other applicable laws governing youth camps must be strictly adhered to. 4.13 Tenant agrees to conform to all policies, rules and regulations of the City, and all City ordinances, and State and Federal statutes. 4.14 Tenant shall promptly pay as it becomes due and payable,all indebtedness,obligation or other amounts owing or incurred by him under this agreement. 4.15 Tenant shall submit a report of attendance,events sponsored and participation in activities at the Property to the designated City department by the seventh(7) day of each month. 4.16 Tenant shall be responsible for the timely payment of all utility services, including but not limited to electrical, telephone, water and sanitary services. 4.17 Tenant shall be responsible for maintenance of buildings and property, including plumbing, electrical and air conditioning systems. City is responsible for roof systems and exterior was of house and stables only. Damages caused by Tenant, Tenants guests or by Tenants negligence shall be the responsibility of Tenant. 4.18 Tenant shall comply with the risk reduction program standards as set forth by the North American Horsemen's Association, as shown in Exhibit "D", for Horse Stables and Farms, Boarding,Breeding,Leasing,Sales,Training and Lessons,and Horse Rental and Trail Rides, Guides and Outfitters, Dude Ranches and Resorts, and Horse Related Camps, as may be amended. Article 5 INDEMNITY AND INSURANCE 5.1 Indemnity 5.1.1 Tenant hereby indemnifies and hold harmless the City against any and all claims, obligations, costs, judgements and attorney's fees arising from or growing out of the operation and maintenance of the Property, stables, or day camp. Such indemnity specifically includes claims,law suits or causes of action and alleged negligent acts and omissions of the City, its officers, agents and employees. 5.2 Insurance -4- 5.2.1 Prior to the execution of this Agreement,Tenant shall fiunish a completed Insurance Certificate to the City Clerk. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages,limits,and termination provisions shown thereon. City shall have no duty to pay or perform under this contract until such certificate is received by the City, and no officer or employee or the City shall have authority to waive this requirement. 5.2.2 Subject to Tenant's right to maintain reasonable deductibles in such amounts as are approved by the City, Tenant shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, at Tenant's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amounts: 5.2.2.1 Workers' Compensation and Employer's Liability - Statutory Amount. 5.2.2.2 Commercial General (Public) Liability - Combined single limit for bodily injury and property damage of$500,000 per occurrence or its equivalent with an aggregate limit of$1,000,000. Including coverage for the following: 5.2.2.2.1 Premises operations, 5.2.2.2.2 Independent contractors Products/Completed operations, 5.2.2.2.3 Personal injury, 5.2.2.2.4 Contractual liability, 5.2.2.3 Comprehensive Automobile Liability -for vehicles used by Tenant in his operations hereunder-Combined single limit for bodily injury and property damage of$500,000 per occupance or equivalent. 5.2.2.4 Fire and Extended Coverage-Tenant shall provide fire and extended coverage insurance on the Property showing both the City and the Tenant as insured. Such insurance shall be in the minimum amount of $100,000 with a deductible not exceeding one percent(1%). Tenant shall provide City with a certificate for such insurance and Tenant shall maintain such insurance and pay the premium for such during the term of this agreement. Proceeds of such issuance shall be paid in accordance with Paragraph 7.4 hereof. 5.2.3 Tenant agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: -5- 5.2.3.1 Name the City of Beaumont and its officers, employees, and elected representatives as additional insured(s),as the interest of each insured may appear, to all applicable coverage. 5.2.3.2 Provide 15 days notice to City for cancellation, non-renewal, or material change. 5.2.3.3 Tenant agrees to waive subrogation against the City, its officers, employees, and elected representatives for injuries, including death, property damage,or any other loss to the extent same may be covered by the proceeds of insurance. 5.2.3.4 Provide that all provisions of this Agreement concerning liability, duty,and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. Article 6 TERMINATION 6.1 Termination by City 6.1.1 In the event that the City determines, in its judgement, that any one or more of the provisions of this contract are being breached or violated by Tenant, it shall notify Tenant thereof in writing,therein setting forth such breach or violation and a sufficient time for correction. In the event Tenant fails to correct such breach or violation in the time allowed, such failure shall, at the sole option of the City, serve to terminate this Agreement after thirty(30)days written notice. Such termination of the Agreement by City shall not deprive it of its lawful rights and pursuits to recover any and all amounts owing to it by Tenant up to and including the date of such termination. 6.1.2 Upon termination of this Agreement, City shall have the right of reentry and may remove all persons and property from the premises and may store such property at a public warehouse or elsewhere at the expense of,and for the account of Tenant. Any and all improvements made by Tenant to Property become the property of City. 6.2 Termination by Tenant 6.2.1 Tenant shall have the right to terminate this Agreement upon ninety(90)days written notice of its election to do so. Should Tenant terminate this Agreement, any and all improvements made by Tenant to Property become the property of City. Article 7 -6- IMPROVEMENTS TO PROPERTY 7.1 Improvements by Tenant 7.1.1 Tenant shall be responsible for completion of all the improvements to the Property as shown on Exhibit "B"attached hereto and made a part hereof as if copied verbatim herein (the "Improvements"). The Improvements shall be completed to the satisfaction of the City of Beaumont City Manager or his designee. In completing the Improvements, Tenant shall secure quality contractor(s) licensed and bonded to do business in Beaumont, Texas. Prior to award of any such contracts, Tenant shall obtain approval from the City Manager of City or his designee. 7.1.2 All Improvements to Property must be in accordance with City, State and Federal laws, regulations and codes applicable to the construction, renovation and improvement of the structures and grounds. Due to the public nature of Property, State regulations set forth by the Texas Department of Licensing and Regulations applicable to Architectural Barriers must be followed. Prior to commencement of Improvements to public areas, approval of the plans and specifications must be received by the Texas Department of Licensing and Regulations and City. 7.1.3 Tenant is solely responsible for all payments, claims and costs associated with Improvements unless otherwise provided for in this agreement. 7.l.4 Any improvements and alterations other than those contained in Paragraph 7.1.1 must be approved by City prior to commencement. 7.1.5 Tenant shall require the contractor(s) chosen to construct the Improvements to furnish a performance and payment bond covering all work to be done under this Development and Lease Agreement which exceeds $25,000 in any one contract. Contracts for less than $25,000 shall provide for payment in a lump sum at the conclusion and acceptance of the work. 7.1.6 City shall require an Affidavit of All Bills Paid from Tenant prior to the issuance of a building Certificate of Occupancy for the stable building and caretaker's house. 7.2 Improvements by City 7.2.1 Furnish inmate labor and equipment, as available, to assist with demolition and remove old and damaged materials from within the stable area. 7.2.2 Furnish labor to clean exterior surfaces of the barn,caretaker's house, garage, fence and maintenance building. After cleaning,paint all exterior wood surfaces which have been cleaned. All paint supplies,including paint,brushes,solvents,primers and other -7- miscellaneous materials will be provided by Tenant. 7.2.3 Provide a security cable across the front length of the Property to restrict automobile access. Any gates for such security cable will be provided by Tenant. 7.2.4 Provide partial access and use ofthe maintenance storage buildings for equipment and storage. 7.2.5 Provide grounds maintenance, such as mowing and trinuning, to large pasture areas of the stable facility and riding paths throughout the park. Tenant is responsible for grounds maintenance to show arena area and area surrounding the caretaker's house. Areas surrounding caretaker's house shall be maintained in accordance with City park policies. 7.2.6 The City may, at its own cost and expense, make capital improvements to the Property, subject to the appropriation of City funds. The City shall consult with Tenant prior to making said capital improvements. 7.3 Upon termination of this Agreement,or any extension thereof,all improvements to Property shall become the property of the City. 7.4 Should the Improvements or Property be damaged or destroyed by fire or other casualty,the decision to reconstruct the facility shall be solely that of the City Manager or his designee. If the City decides not to reconstruct the Property, insurance monies available arising from insurance provided by Tenant to protect against such casualty loss may be retained by Tenant. Should City decide to reconstruct the Property, Tenant hereby agrees to pay over to City all insurance payments received by Tenant arising from the damage or destruction of the Property. Article 8 GENERAL PROVISIONS 8.1 The services called for herein shall be performed by Tenant as an independent contractor,and City shall not be liable for the manner of discharge of such services. 8.2 Tenant shall be an independent contractor, not an employee of the City, and all persons employed by Tenant shall be his employees and shall not be employees of the City. 8.3 This Agreement shall not be transferred or assigned to any party,in any manner whatsoever, by Tenant without the prior written approval of the City Manager or his designee. Any sale which transfers the majority shares of the corporation's stock must have prior written approval of the City Manager or his designee. -8- 8.4 No waiver by either party of a breach by the other shall be construed or held to be a waiver by such party of any succeeding breach by the other party of the same or any covenant, condition, or restriction herein contained. 8.5 Where changes to activities or areas included in this Agreement are made,such modifications must be in writing and signed by both parties. 8.6 If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this lease shall not be affected thereby and each other term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 8.7 With respect to the Property, Tenant assures that it will undertake an affirmative action program to ensure that no person shall on the grounds of race, creed, color, sex, or national origin by excluded from participating in any employment activity. Tenant assures that no person shall be excluded on these grounds from participation in or receiving the services or benefits of any program or activity covered by this Agreement. 8.8 Any written notice to be given hereunder by either party to the other party shall be affected by certified mail,return receipt requested. Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this section. 8.8.1 Notice to Tenant shall be sufficient if made or addressed to: Jeff Hughes 8.8.2 Notice to City shall be sufficient if made or addressed to: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 8.9 This Agreement constitutes the entire agreement between the parties and no changes, amendments or modifications hereof shall be valid or recognized unless in writing and signed by both parties. 8.1.0 The Caretaker's House on the Property may only be occupied by Tenant unless written approval for occupancy by others is obtained from the City Manager or his designee. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the date first mentioned above at Beaumont, Texas. -9- CITY OF BEAUMONT: TYRRELL STABLES, INC. Stephen J. Bonczek, City Manager Jeff Hughes, Owner -10- 8 June 19,2001 Consider approving the sale of six parcels of surplus City owned property I 10~ City of Beaumont vw_ 'A Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 14, 2001 REQUESTED ACTION: Council consider the sale of six (6) parcels of surplus City owned property. RECOMMENDATION Administration recommends the sale of six(6)parcels of surplus City property to the highest bidders submitting sealed bids on Monday, June 11, 2001. Surplus properties were obtained either by donation or through the purchase of right-of ways. BACKGROUND City owned surplus properties offered for sale are listed below and are shown on the attached maps: Parcel No. 2 Lots 1,2,3, &4, Block 54, Van Wormer Addition(27,879 sq. ft.). Located on Crockett Street between Orange and Victoria. Parcel No. 3 East 50 ft. of Lots 2, 3, 4 & 5, Block 1, Simpson Addition(6,470 sq. ft.). Located on Emmett Street adjacent to Pipkin Park. Parcel No. 4 Tract 44, City Plat D-19, A. Williams League (5.05 acres). Located between Trinidad and LaSalle Streets. Parcel No. 5 Lots 14 and 9-12, Block 42, Calder Addition(57,925 sq. ft.). Located on North Street adjacent to the former Dowling School site. Parcel No. 6 Lots 7-12, Block 39, Jarrett Addition (14,250 sq. ft.). Located on the corner of Phelan and 18' Street. Sale of Surplus Property June 14, 2001 Page 3 Parcel No. 7 Lot 8B, Block 1, South Park 4' Addition(2,565 sq. ft.). Located at the end of Genoa Street. Parcel No. 1 is the 4.07 acre tract of Central Park property which received separate consideration. The following bids were received Monday, June 11, 2001 for the above stated property: Parcel No. 2 [The Modern Company $5,100.25 Parcel No. 3 FThe Modern Company $1,607 Parcel No. 4 -T I-TW. Moak, Sr. $2,607 Parcel No. 5 Alton Laird $23,103 Church of Philadelphia $21,000 The Modern Company $17,032 Moak, Sr. $3,699 Parcel No. 6 The Modern Company $5,862 T. W. Moak, Sr. $4,302 Parcel No. 7 Wallace L. Downs $200 BUDGETARY IMPACT Proceeds totaling $38,479.25 from the sale of the surplus parcels will be deposited in the General Fund. PREVIOUS ACTION None. Sale of Surplus Property June 14, 2001 Page 3 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED ACTION Approve/Deny the City Manager authority to execute a Special Warranty Deed for the sale of Parcels No. 2, 3 and 6 to The Modern Company in the amount of$12,569.25,Parcel No.4 to T. W. Moak, Sr. in the amount of$2,607, Parcel No. 5 to Alton Laird in the amount of$23,103, and Parcel No. 7 to Wallace L. Downs in the amount of$200. ti !J 0 1 ` P CP • tP lb lip e � � 99901 ♦ io� c • .n • b ti ' IN ----• •�• .fib � � � • s 3 ,�. • ,p eo 1 • • • as i o e 46 - b • +y9 `� ♦' . 0 • � � :: is:'iii::°i • � O • p Y 1 '4p o �h • � 4 � I� ♦ • +'� •o�� + STN � ` ��' 'p � � O (� • Ip 4b CIO + b p City-Owned Surplus Property '' • tit + Parcel 2-Lots 1,2,3&4,Block 54,van ormer \ 'o o• .• ' Containing 0.64 acres-(27,879 SF+/-) ♦ \ ♦ J/� ��• ���" = \ • \ -- ■I I I l l PARCEL N0. 3 3 / o� /QO -A,0; 4O ' H r S K L T t C _ t U,B t R 9 h Ado /40 IO PIPKIN PARK 7 �c a Ic --� a Q a > J 196 7 p ZI a P M5.7 z z L W a 4 •Ly 4 —. ' o el- 5 EMMETT SOUTH UN£ NOAH T£V/S , b NORTH UN£ D.4V/0 BROWN 5334 53.35 53.4 -/d3.' 4` 60 60 60 5 4 3 / h 13. I :.. . .�S City-Owned Surplus Property Parcel 3-E.50'Lots 2,3,4&5,Block 1,Simpson - - 0 1 (6,470 SF+/-) /O 9 B 6 U L A GHA VF �^ •':• Or:�' ;.� ,✓�xt.+•{+'rr? t" .•�•�..;,,;k�� �3 �'���,•p�.t {'i,'Il.�Y:L�� ',7'. ;i 'r �s �" „t^�l' •'�'"'i.� c• ..•• .eh' !.6!•��514,;.`,rdt "`'• I•i.i i:�•�",rL,'`' l':is: t;•; ,•�I'�:Z 1': +5.`„� tI , ., ,. �: . ' r. Orr' �45 i ES•• �' ••'i•�r�' b i+� . •• .ti '' { '.'.+►:. ». 'Y•.•�%'l: i •� '. i'; n*' j ;F :i song A. ,.,.,. . ... • r ¢1111 'd'61-Q lEld t't';aeas-b claaae HOC POs •Jr snidinS pants '13 d egg r ill Ot'd ,'Y:� 0 Ol' J C 1{t ~ �.r: i{'r IL i tt?,it' ' :i•;. iVif .r 11,r •..,# J�?k N �' �t:I t L' Y[zor,a,.•i i .. yCi X881 "It L r Ns: , N .kt•r '!: 1 .'•,'i. '., 0. �t ' •. E Lil• ',. Ltlr_,r rC r1 f z'w .` r.�r._ k r 3 .' f.. SV j�• 4 hI }'. „ Ott+ la !6C !L► Ot•1 tt...' 1Z/ �99C 7. •' �ii-,. l..o`: Cy S '" *�•. �l 8 x a .�.► to�S t�%..:.:r.;lwt- 09 ir}ts:.�o�. g w •t �i:.�:..•`,"F!,.C,��_.''.i�;r.Fif•i.�.��e.'t�'�r�att.ff•:r•,'r.r�'.Y.�..•l::if.�'V t� :;4i,;..':{r�;'f7,':. O J S.t�'" i�O •+'c,! r�::•� act c t c cct f rail; J got C/lin" GOP 6+ a{ o i w: rK J. I— r091 c9/ m CAW (a i W 1i i )6/'O t EI a C. i a 9 t ' c fl w o t3 M:. •� G'CCt G'Ctt � i r r r r r r r r r r r r r r r r r rhrrVV'rrr'dr4rr4V4V'rrrrr4h' �tl. y 41 OI �i'i'i'i'iri'i'i'iriri'iri'i'ii�i�i�i�i�i�i�i'i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i '1i'i' 09 1.1 [ TCt 'rtrr't'trlr,rlrr'rrt'r rrr rrr'1't'Iri1'1'1'1'ilrl'Irirrl'ir'1'1'Ir1'iir�t�r�r�r�r�1�t�I�r�r�1�1�1�1�r�i�i;l�r�i�1'I�i t+ tl Q 109dtC k3d,, r r r r r r rrrrr` ♦ 09 Q i'irri'V4iiriri'iririririr'r'r'r'r'r'r'rrr'rrrrrrr'rrrrrr,r r'r r r r r r r r r r t r r r r r _ rrrrrrrtrrrrrrr U! rrrrrrrrrrrrrrrrrrrrrrrrrrrr rrrr,rrrrrrrrrrrrrrrrrrr,rrrrrrrrrrrrrrrrr„rrrrrrrrrrrrrrr,"rrrr,rt,rrrrrrr4' OI rrrrrrrrrrrrrrrrrrrrrrrrrr,rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr,rrrrr,rrrr'r'r'rrrrrrrrrrrrrrrtrrrrhhbh4r ,r rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr'r'r'r'r'r'r'rr'r'rr'r'r'r'rr'r'r'r'r'r'rrrr'r'r'rrrrrrrrrrrrrrrrrr W 1 Pr'PrV'r'r'r'rrrhh4h'rhV4rrh'rrr'rrr'r'r4V'rh'r'r4hrr'r'dryr,r,r,r,t r r,r,yr,r,r,r,r,r,r,yr,r,r,yh4hh4hrrh44'r4'rVVVr,r,r r r r r r t r r r r r r r,r,,r r r r r r,rrrr O •'rrr'r'trrrr'r'i'iririi'i'iri'i'iri'iri'iri'iririririririri�iri�iriiri'iriri'i'i'iri'ii'iriri'i'i'iir'r'r'r'r'rrr'r'r'rrrrrrrrrrr'r'r'rr,r,r r r rrrrrrr'r'rrrrrrrrrrr'r'r'rr,r irir'yririri������ ���i'i'i'irir 4 i iil r r r r r r r r r r r r r r r r r r r r r r r r t r r r r r r r r r rrrrrVVVrrrPrrrrr4'rrrrrrr'rrrri'i'iri'i'iririiirii'i'iri iririri'ir'rh'r'r4ri'iri'i'iii'iri ii'i'i'ir{hir'i'i iiiririri'i ii'i �' �� 11 t Q t V,r,rr ''r'''r'''r'''''''r'r'r'r'r'rV'rh44'r'r'r4'r'r'rrrr,r,r,r,yVt,r,r,r,rrh'rhVV4h'rrr'rrr'r4rr4hhrt'rhhhh'r4hVr,r,h"r r r r r r r r r r r r,rrr • r'r' rrrrrrrrrrrrrr.rrrtrrrrrrrrrrrrrrrrrrtrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr rrrrrrrrrrrrrrrrrrr . ''''''''''''''r'r'''''r'''''''r'''''r'''''r''r'rr'''rrr'r'Prrr'r'rhh'r't4'r'rh4rr'r'Pr'Jrb'r4rrrr'r4VV4Vrrrdr4hhVV4'hr'''''r'r'r'r'r r'r'r'r'rr�rrr'r,r r r r r r r r r r r r r r r r r r r rr rrr'rrrrrrrrrrr'r'r'r'rr'r'r'i'iirriii ii'..................ii'i'i'iri i�i�i�i'iiiiiiiiiii i�yiiiiiiiiiii�i�iiiiri'iiiiiiiiiiiiii�iiiiiiiiiiiii'iriri'iiriririr�ri�riiririiri,i'rVrrV',r,r,ririiririiriririr'rrr�rrrrr'iriiyririr�ririririr4i4r,rr,r,yririririr�riririi •£ _ £ J 1rl ,r,r,r,r,r,r,r,r,riririririiiiii iiiiiiiiiiiiiiiiiiiiiiiiiii'i'i'i'i'i'i'iri'i'i'iri'i'i iiriri'i OC, Olt thrr'r'r',r,t,r,r r r r r,r,r,r r r r r r r r r,r,r r yr,r,r,t,r,r,r,r,r,r,t,r,r,yh'r4hh'r4t r rrrrrrrrrrrrrr,r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r O 1 V ' r r r r r r r r r r r r r r r r r r r r,r,r,r,r,r,Vr,r,r,r r,r,r,r,r,r,yr,r,r,r,r,r,i,r O Lr C5 to 6i'btt 9L't9 C6't9 c N m a bZ'Ilt 9L'0 tr C6'tp 6i't tt CL + Y6`t9 V -4 u± o• W. N V N a N ,v ,v�• c a 6 t 1 0 6 t L a N s t l J'V.. i t o 07 1* 1 g 2 o `} O O a Q q in a W v� �Q � to Co Q • J in b d • z° �oOki ore e 1� o fJN YO zr oos b o Opt z Oki b Oki Oki Cx C.3 a • "'a=>°s•` �'<. •,•:>�:«"?��" "�i'> ;��"�• ;:��••. .,�i?b; Ott Z Oki MAW Cx • �' a� yr .: ..v..";;•+.•:::: . � O :c;:;L ...x.".5.•�2�w\•<'<.`ifi'�`� ::.'�;'t's:,`"t:i. .•+.b'�' :;e'^ ,•'•:+�%: "'r{,L,a Y +'%iy.'rsv;.:;i>!1$':�.."•o f'r.';:. •Si%i''ii ''���� .''•Y�:.��"^;.,wj r.•'.iaii,'•:;;,. • � �"p N b 4a r v' to ' a0 . U o c Oki � � d h or t 0.01 a ° fo ON) Oki z o►t i Oki b a or•t e b opt t ort o o►t t ort '' tp b L u H 1 L L -�'• + . foe V LY OND N ! `O � , / � •' � `fit!• O J *. J ru W ; W SI O ' b h • SI h 10 m � o i o y41 Ah s N• /d/.P xi xi! at 99 140 h P! .?O 3D l6.ts .SO • /�/J W is 4.1 30 30 03 41 JO 30 Za . so : �• . , J � e1 JJ ?t J, ao IJ At 41 a Js J : \ T R ', E , -i U.9 4 Jl it Jo • I E" � � a6 Q tao � o .s ¢s es es h q K • / • so • • 4t ' t dJ 1 pp 4I W • t if • �p So A&V if 4F 44 SS 4447 % • 01 4 151 ti 1 v, f ' • r3 �► � 4 � so so • /Ae • Q J • • /tea.os so 4 e 12 it Ar ♦ t • • r 3 p ti l O �t d 4 t 8 A . 5 At M ro ..+ • V 6 c cl / io-s•� 5 2 3 4 "O • 4 AM 4 A&. FLORIDA fa i ''�2 •(N.Lint J.A. .vr�ul f City-Owned Surplus Property s - ' Parcel 1 -Lot 8B,Block 1,South-Park 4th ° (2,565 SF 0 9 June 19, 2001 PUBLIC HEARING: Sale of 4.07 acres of Central Park property Consider authorizing the City Manager to execute all documents and do all things necessary to sell the 4.07 acres of Central Park property City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney and Kirby Richards, Central Services Director MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 14, 2001 REQUESTED ACTION: Convene a Public Hearing concerning the sale of 4.07 acres of Central Park (the "property") that was approved by the voters and adopt a resolution after the hearing authorizing the City Manager to execute all documents and do all things necessary to sell the property. RECOMMENDATION: The City Attorney, Central Services Director and City Manager recommend that the City Council adopt a resolution authorizing the City manager to execute all documents necessary to sell the property. BACKGROUND: By vote of the people the City has been authorized to sell the property. Bids were received and the highest and best bid was that of Baptist Hospital of Southeast Texas in the amount of $575,000. The Parks and Wildlife Code contains a requirement that a public hearing be held in order to "approve a project that requires the use or taking of any public land designated and used as a park." Proper notice for such public hearing has been published for the hearing scheduled today. The Parks and Wildlife Code requires the resolution to find that there is no feasible and prudent alternative to the use or taking of such land and that the program includes all reasonable planning to minimize harm to the land as a park. BUDGETARY IMPACT: The sale will provide $575,000 to the General Fund of the City, but, by state law, the money must be used for Parks facilities or improvements. Previous Action: None SUBSEQUENT ACTION: none RECOMMENDED BY: The City Attorney, Central Services Director and City Manager RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to execute all documents and do all things necessary to sell the portion of Central Park authorized for sale by the voters of the City. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 19, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve the purchase of clamps, pipe and manholes B) Authorize the granting of a License to Encroach to Apollo Environmental Strategies, Inc. into the rights-of-way of Washington Boulevard C) Authorize the acceptance of a Quitclaim Deed for a .2058 acre tract of land from United Rentals, Inc. CONSENT AGENDA JUNE 199 2001 * Committee Appointments Bill Matthews would be reappointed to the Airport Advisory Committee. The current term will expire February 20, 2003. (Councilmember Lulu Smith) Frank Messina would be reappointed to the Convention and Tourism Advisory Committee. The current tenn will expire February 15, 2003. (Mayor David W. Moore) Mel Wright would be reappointed to the Convention and Tourism Advisory Committee. The current tern will expire March 24, 2003. (Councilmember Becky Ames) Rocky Chase would be reappointed to the Convention and Tourism Advisory Committee. The current tenn will expire December 4, 2002. (Councilmember Andrew Cokinos) Marie Broussard would be reappointed to the Historical Landmark Commission. The current term will expire May 1, 2003. (Mayor David W. Moore) Phillip Long would be reappointed to the Historical Landmark Commission. The current term will expire August 31, 2002. (Mayor David W. Moore) Julia Levy would be reappointed to the Historical Landmark Commission. The current term will expire May 1, 200'). (Councilmember Becky Ames) Tracy Richardson would be reappointed to the Historical Landmark Commission. The current term will expire January 15, 2003. (Mayor David W. Moore) Shaheen Farah would be reappointed to the Historical Landmark Commission. The current tern will expire June 23, 2003. (Councilmember Guy Goodson) Bill Faucett would be reappointed to the Library Commission. The current term will expire January 17, 2002. (Mayor David W. Moore) Betty Leaf would be reappointed to the Library Commission. The current tern will expire February 15, 2003. (Councilmember Guy Goodson) Naaman Woodland would be reappointed to the Library Commission. The current tern will expire January 20, 2003. (Councilmember Audwin Samuel) Beverly Hatcher would be reappointed to the Martin Luther King Jr. Parkway Commission. The current term will expire January 4, 2003. (Councilmember Lulu Smith) Marie Easley would be reappointed to the Martin Luther King Jr. Parkway Commission. The current term will expire January 11, 2002. (Councilman Audwin Samuel) Benny Mendoza would be reappointed to the Parks and Recreation Advisory Committee. The current term will expire April 19, 2003. (Councilmember Audwin Samuel) Adrian Hudspeth would be reappointed to the Parks and Recreation Advisory Committee. The current term will expire September 21, 2002. (Councilmember Audwin Samuel) Glenn Bodwin would be reappointed to the Planning Commission. The current term will expire August 31, 2003. (Councilmember Audwin Samuel) Lamar Roach would be reappointed to the Reinvestment Zone No. 1 Board of Directors. The current term will expire March 22, 2003. (Mayor David W. Moore) Benn Bundy would be reappointed to the Reinvestment Zone No. 1 Board of Directors. The current term will expire December 14, 2002. (Councilmember Becky Ames) Carolyn Howard would be reappointed to the Reinvestment Zone No. 1 Board of Directors. The current term will expire November 23, 2002. (Councilmember Andrew Cokinos) Haywood Walker would be reappointed to the Reinvestment Zone No. I Board of Directors. The current term will expire December 7, 2002. (Councilmember Guy Goodson) Mary Jowers would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The current term will expire February 1, 2003. (Councilmember Andrew Cokinos) The Reverend Amos Landry would be reappointed to the Transit Advisory Committee. The current term will expire September 12, 2002. (Councilmember Andrew Cokinos) A) Approve the purchase of clamps, pipe and manholes Administration recommends the purchase of clamps, pipe and manholes in the following amounts: $16,470 to Industrial Utility Sales Co., Inc. of Houston for clamps; and $349,067.80 to Golden Triangle Pipe of Beaumont for pipe and manholes. The materials will facilitate the rehabilitation of the Tyrrell Park sanitary sewer interceptor, which was constructed in stages from 1962 through 1971 and has deteriorated into poor condition. Replacement of the interceptor will return the system to its design capacity, which will be increasingly necessary as the system will subsequently service the sewer requirements of the Southeast Texas Entertainment Complex. Funds are available for this expenditure in the Water Utilities Fund. A copy of the staff memorandum is attached for your review. B) Authorize the granting of a License to Encroach to Apollo Environmental Strategies, Inc. into the rights-of-way of Washington Boulevard Apollo Environmental Strategies, Inc. proposes to install a monitoring well onto the City's 100' Washington Boulevard right-of-way, adjacent to Block 10 and 11, Arlington Addition, near the intersection of Park Street and Washington Boulevard. The monitoring well will cover a three square foot area. There is a one-time fee of$500 for the License to Encroach. Administration recommends authorization to grant the License to Encroach. A copy of the staff memorandum is attached for your review. C) Authorize the acceptance of a Quitclaim Deed for a .2058 acre tract of land from United Rentals, Inc. United Rentals, Inc. has agreed to sign a Quitclaim Deed for a .2058 acre tract of land to the City of Beaumont out of their property described as being Block 6 out of the Annie T. Warren Subdivision. Administration recommends acceptance of the easement. A copy of the staff memorandum is attached for your review. A Cit y of Beaumont •� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 13, 2001 REQUESTED ACTION: Council approval to award a bid for the purchase of clamps, pipe and manholes. RECOMMENDATION Administration recommends award of a bid for the purchase of clamps, pipe and manholes in the following amounts: $16,470 to Industrial Utility Sales Co., Inc. of Houston, Texas for clamps; and $349,067.80 to Golden Triangle Pipe of Beaumont, Texas for pipe and manholes. BACKGROUND The materials specified in the bid will facilitate the rehabilitation of the Tyrrell Park sanitary sewer interceptor, which was constructed in stages from 1962 through 1971 and has deteriorated into poor condition. Replacement of the interceptor will return the system to its design capacity, which will be increasingly necessary as the system will subsequently service the sewer requirements of the Southeast Texas Entertainment Complex. The system replacement requires the purchase of thirty (30)24-inch full circle clamps, 12,400 feet of 24-inch polyethylene pipe, and eight (8) fiberglass manholes ranging from 13 to 18 feet in depth. Bid notices were provided to nine (9) vendors, with five (5) responding with bids. The bids received were as follow: Purchase of Clamps,Pipe and Manholes June 13, 2001 Page 2 FULL CIRCLE CLAMPS Vendor Delivery Manufacturer Unit Price Extended Price Time ACT Pipe& Supply, Inc. 3-5 days Powerseal* $216.33 $6,490.20 Houston, Texas Industrial Utility Sales Co., Inc. 3-4 weeks Romac $549 $16,470 Houston, Texas Hughes Supply 5 weeks Smith Blair $583 $17,490 Lufkin, Texas Golden Triangle Pipe 2 weeks Smith Blair $599.50 $17,985 Beaumont, Texas Rural Pipe& Supply 7-10 days Romac $740 $22,000 Jasper, Texas * Bid specified Romac or Smith Blair clamps only, Powerseal is not an acceptable substitution. IF DPE POLYETHYLENE PIPE Vendor Delivery Manufacturer Unit Price Extended Price Time Golden Triangle Pipe 2 weeks Performance $27.60/ft. $342,240 Beaumont, Texas ACT Pipe& Supply, Inc. 18-20 weeks NAPCO $27.71/ft. $343,604 Houston, Texas Industrial Utility Sales Co., Inc. 3-4 weeks Performance $27.82/ft. $344,968 Houston, Texas Hughes Supply 5 weeks Quail Pipe $29.00/ft. $359,600 Lufkin, Texas Rural Pipe& Supply 30-40 days Quail Pipe $29.45/ft. $365,180 Jasper, Texas FIBERGLASS MANHOLES Vendor Manufacturer Delivery Time Total Manhole Bid Golden Triangle Pipe Containment Solutions 14 days $6,827.80 Beaumont,Texas Purchase of Clamps,Pipe and Manholes June 13, 2001 Page 3 Vendor Manufacturer Delivery Time Total Manhole Bid Hughes Supply Flowtite 5 weeks $8,078 Lufkin, Texas ACT Pipe& Supply, Inc. Fluid Containment 2 weeks $8,202.07 Houston, Texas Rural Pipe& Supply L.F. Manufacturing 7-10 days $8,812 Jasper, Texas Industrial Utility Sales Co., Inc. Containment Solutions 3-4 weeks $9,213 Houston, Texas Local sales tax impact analysis was applied where appropriate to the local vendors' bids, but failed to alter the bid standings. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting bids from the following companies: Industrial Utility Sales Co.,Inc. in the amount of$16,470 for the purchase of full circle clamps; and Golden Triangle Pipe in the amount of$349,067.80 for the purchase of 24" polyethylene pipe and fiberglass manholes. B City of Beaumont AIMITFITUGUMIMOK Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 13, 2001 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to Apollo Environmental Strategies, Inc. into the rights- of-way of Washington Boulevard. RECOMMENDATION Apollo Environmental Strategies, Inc. proposes to install a monitoring well onto the City's one hundred foot (100')Washington Boulevard right-of-way, adjacent to Block 10 and 11, Arlington Addition, near the intersection of Park Street and Washington Boulevard. The monitoring well will cover a three square foot area. The license will cover the monitoring well at the following location: Ninety-nine feet (99') west of the back of curb of Park Street and eleven and eighty-five one hundreds feet (11.85') south of the back of curb of Washington Boulevard. Administration recommends authorization to grant License to Encroach. BACKGROUND The monitoring well is being installed to track various pollutants. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARY IMPACT There is a one-time fee of$500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny approval to grant a License to Encroach to Apollo Environmental Strategies, Inc. into the right-of-way of Washington Boulevard. monitor/jld SUBJECT EXHIBIT " A" _ QDy��C� 1 U.0 R CK V RNLINC N LICENSE TO ENCROACH c�`P�P �P LAI Z GR NT WASHINGTON BLVD. � MM ` R j H RM RIGHT OF WAY YLE Z FOR Q s A LI A > INSTALLATION OF A Bp Iva >- MAD1S N GROUNDWATER Cp LE a W " N ek KU A VAN r MONITORING WELL ) W a W J a ULTObR a a s R B TS LEE m M Z L PR 1R E RR � APPLICANT: APOLLO TEIEFL ENVIRONMENTAL 3TRATEGIE3, INC. wA "I GT N AGENT FOR L " Jul PI Z PETROFUEL3 CORPORATION A A a ? L INA TLL E a H A NE DL 2 LEGEND LOCATION MAP N.T.S. 0 SUBJECT PROPERTY I � store I i --Mw-s - - - - - - - - INI .se con am" mw-6 ' I I ll__ +13-3 ♦� I I N.T.S. P-1 fb� *MW-4 I B-10 ♦B-7 8-2 .--- l i ♦ I B-9. --ij °° l I Mw-ai a_. ♦&1 �2 Mw-1 �� its,� u rnN �K OOIIOIMI �•e � • O Washin ton Blvd. • - - - - - It.gS' - - - - - yw aaww. ® PW-7 r re" ^� McDonalds ^� ' (abandoned) LICENSE TO ENCROACH STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Apollo Environmental Strategies, Inc., hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Encroachment being onto the City's right-of-way, ninety-nine feet (99') west of the back of curb of Park Street and eleven and eighty-five one hundreds feet (11.85') south of the back of curb of Washington Boulevard. Said encroachment is shown on Exhibit "A", attached. NOW,THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the subject property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify Water Utilities at(409) 880-3784 forty-eight(48) hours prior to construction for line locates. Access to the existing water line shall be free and clear at all times for future maintenance. Licensee shall notify Reliant Energy at (409) 866-1011 prior to construction for line locates. Reliant Energy has a 2" plastic gas main located eight (8) feet north of the south right-of-way line of Washington Boulevard and also a gas main located nine(9) feet east of the west right-of-way line of Park Street. Licensee shall maintain the said monitoring well in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Division. After one year from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring well. Such notice should be sent to the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or(2) if the structure has been damaged and is being restored,before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgements or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. 2 of4 This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty (30)days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee shall be sufficient if mailed or hand delivered to the office of Apollo Environmental Strategies, Inc., P.O. Box 12114, Beaumont, Texas 77726. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2001. LICENSOR CITY OF BEAUMONT By: Stephen J. Bonczek City Manager LICENSEE By: Printed name: Title: 3 of4 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2001, by Stephen J. Bonczek, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2001, by of , a corporation, on behalf of said corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Diane Newsome P. O. Box 3827 Beaumont,Texas 77704 409-880-3725 monitor.lic 4 of c ti 79ij City of Beaumont Council Agenda Item 'Al K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: June 19, 2001 AGENDA MEMO DATE: June 14, 2001 REQUESTED ACTION: Council approval of a resolution authorizing the acceptance of a Quitclaim Deed for a .2058 acre tract of land from United Rentals, Inc.. RECOMMENDATION United Rentals, Inc. has agreed to sign a Quitclaim Deed for a .2058 acre tract of land to the City of Beaumont out of their property described as being Block 6 out of the Annie T. Warren Subdivision. Administration recommends acceptance of the easement. BACKGROUND A portion of Florida Avenue already exists withing the .2058 acre tract of land to be conveyed to the City. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acceptance of a Quitclaim Deed for a .2058 acre tract of land from United Rentals, Inc.. usrental.age 0 i 1. PIPE• s�'sOjF A.N;3� ff0 17L6ElID aw W CONC. Z NEAOWI/lL C,t ab STLr4 ''�si FND I/2• z t?� F a�l�tr ?4 •r '9*, US x1C Y FA" ( C44(s, ►. � z for 4 In z z o v � 4 SEF DEUt h :c ;l• z • h 72.2 29.1 762 IffTAL WAL LLILDIN6 I: ° V fc. z Ss C*4 762 Nf7fR 71.4 Wr` n w I /. L5'OR mvmw 6 CALUD 1. 7N0Rd1/0 2• Ii x P! NN\� z A'PC0 E QS'o a t SAS P. SCAUON PIA ft— N G�Za� m� PJ II 2.1148 ACKS - CROW 0.3248 ACM-w ROLL of USW DRAW[DYTCH �v 1 Ix z 1.C.P.No�o�A1a/lA�- g �f�3�SSTYI alg . I7-8181 i1 I OPRIC Pr � b4 rn I LOT 3 Ix h III Ix I FW 1/2• �. I L RLfD F` y MW L GuC. coo" 11+ S89'55'27'E 228.56' no�2• / (MULE TO sa) APPAWMI NORTH R.O.W. LWf d RORDl AWNU[ L NLYSOU� W IR4CF cone HfA0WA11— ti ti ($M-� fie'""MK) tii >R � r19p. N8550'531M 228.53' FAD N68x GILL NW5577'r 22a53' rv1 11e�S T3 / FLORIDA AVENUE—� \P—OD Ilper