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HomeMy WebLinkAboutPACKET OCT 05 2004 �� City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 5,2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Kip Glasscock would be appointed to the Civil Service Commission. The term would commence October 5, 2004 and expire October 4, 2005. (Kyle Hayes, City Manager) Dewey Gonsoulin would be appointed to the Civil Service Commission. The term would commence October 5, 2004 and expire October 4, 2006. (Kyle Hayes, City Manager) Raymond Ambres would be appointed to the Civil Service Commission. The term would commence October 5, 2004 and expire October 4, 2007. (Kyle Hayes, City Manager) A) Approve compensation for the City Manager The City Manager, Kyle Hayes,will be paid a base salary of$10,958.34 per month and will receive a car allowance of$583.33 per month. The City of Beaumont will make an annual contribution of$11,000 to the International City/County Management Association's Deferred Compensation Program. The compensation will be retroactive to August 1,2004. The City Manager will continue to receive a cell phone allowance of$30 per month. All other benefits extended to civilian employees will continue to be provided as well. B) Approve compensation for the City Attorney The City Attorney,Lane Nichols, will be paid a base salary of$9,040.84 per month and will receive a car allowance of$500.00 per month. The City of Beaumont will make an annual contribution of$8,000 to the International City/County Management Association's Deferred Compensation Program. All other benefits extended to civilian employees will continue to be provided as well. C) Approve compensation for the City Clerk. The City Clerk, Rose Ann Jones, will be paid a base salary of$4,583.34 per month. The compensation will be retroactive to July 1, 2004. All other benefits extended to civilian employees will continue to be provided as well. D) Approve the waiver of penalties and interest on eight tax accounts processed by the Jefferson County Tax Assessor-Collector's Office D u�.. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 5, 2004 AGENDA MEMO DATE: September 30, 2004 REQUESTED ACTION: Approve the waiver of penalties and interest on eight tax accounts processed by the Jefferson County Tax Assessor-Collector's Office. BACKGROUND Section 33.011 of the State Property Tax Code states "the governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties and interest on the accounts on September 20,2004. A letter from the Tax Assessor-Collector is attached for your review as well as information relating to the eight tax accounts. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. SON cam l EXA. MHUAM K. JOHNSON TAX ASSESSOR-COLLECTOR NETTLE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS CHIEF DEPUTY P.O.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONS MGR. 409-835-8516 FAX 409-835-8589 September 21, 2004 Kyle Hayes, City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: The Tax Office has accepted eight(8)payments that were processed according to Sec. 33.011 of the State Property Tax Code. For your information,Sec. 33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee,or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners'Court met on September 20,2004 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners'Court action in accepting these payments. If you should have any problems or questions concerning this matter,please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, MIRIAM K. JO.SO Assessor-Collector of Taxes Jefferson County, Texas MKJ:tm Attachment aPP_waiv ATTACHMENT A CITY OF BEAUMONT -WAIVER OF P & I September 21, 2004 Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Request 1. Joseph Wingate 525.75 68.35 021600-000400 2. Woodpark Homeowners 1,157.92 589.68 072150-004100 (1997-2003) 3. Harbour Associates 128.78 21.51 700000-269550 (2002-2003) 4. User Friendly Phone Book 37.52 11.26 700000-635915 5. Sheela Westbrook 81.81 15.54 018550-002000 6. Hollywood Theaters 687.62 130.65 300056-000900 7. Hollywood Theaters 1,436.01 272.84 300056-001000 8. J & E Investments 400.06 76.01 043100-007400 TOTAL 4,455.47 1,185.84 1 t VW_ 170ij --IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 5,2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1, 3-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider the appointment of the City Attorney effective November 1, 2004 2. Consider approving a request for a specific use permit to allow a craft mall and a restaurant in an RCR(Residential Conservation and Revitalization) District at 1820 Pennsylvania and 1885 Park 3. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program 4. Consider authorizing the City Manager to execute an agreement for architectural services for the design and construction management of the new Convention and Visitors Bureau(CVB) Office Building 5. Consider approving an ordinance amending Ordinance No. 04-030 relating to the structures located at 850 Doucette Avenue and 3160 Tracy 6. Consider approving a software upgrade for use by various City departments COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont vs. House of Praise Deliverance Ministry, Inc. Penni Simonson, et al vs. City of Beaumont Douglas Manning, et al vs. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. I October 5,2004 Consider the appointment of the City Attorney effective November 1, 2004 The City Council will consider the appointment of Tyrone Cooper as the City Attorney effective November 1,2004. Mr.Cooper is currently the First Assistant City Attorney and has been employed with the City of Beaumont for 25 years. The City Charter states"The City Council shall appoint the City Attorney who must be a competent practicing attorney in the City of Beaumont. He shall receive for his services such compensation as may be fixed by the City Council and shall hold his office until his successor is appointed and qualified." The City Attorney is the legal advisor of and attorney and counsel for the City and for all officers and departments thereof. The City Attorney will be paid a base salary of$9,129.17 per month and will receive a car allowance of$583.33 per month. The City of Beaumont will make an annual contribution of$11,000 to the International City/County Management Association's Deferred Compensation Program. Note the City Manager is provided$30 per month for cell phone usage and the City Attorney will be extended the same courtesy. All other benefits extended to civilian employees will continue to be provided as well. 2 October 5,2004 Consider approving a request for a specific use permit to allow a craft mall and a restaurant in an RCR(Residential Conservation and Revitalization) District at 1820 Pennsylvania and 1885 Park I i.U7.7!J City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 2004 AGENDA MEMO DATE: September 29, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization)District at 1820 Pennsylvania and 1 885 Park, RECOMMENDATION The Administration recommends approval of a specific use permit to allow a craft mall and a restaurant in an RCR(Residential Conservation and Revitalization)District at 1820 Pennsylvania and 1885 Park subject to the following conditions: 1. Provide a 6'wide landscape strip along the north, east and west sides of the parking lot 2. Any improvement to the existing drainage system shall be constructed by an underground drainage pipe system 3. Provide a minimum of 26 parking spaces and with a modification to the landscaping/screening requirements along the southeast,southwest and east property lines. BACKGROUND LinMarie Garsee and Jesse Gomez, dba Two Hearts Village, are requesting a specific use permit to allow the operation of a craft mall and a restaurant at 1885 Park and 1820 Pennsylvania, The subject property is currently occupied by a vacant 2,197 sq.ft. apartment house. it is the desire of the applicants to construct an additional 2,085 sq. ft. of space to that building for use as a craft mall. In addition, a separate 392 sq. ft. building will be placed on the property for use as a take-out hamburger stand. Ms. Garsee and Mr. Gomez currently operate Two Hearts Leather&More retail store at 495 Craig. It is the intent of the applicants to move this store to the new location. Additional retail space will be available for lease. Ms. Garsee states that she has prospective tenants for the remainder of the retail space and the hamburger stand. Staffhas spoken with Ms.Garsee about the relocation ofthe hamburger stand. Ms.Garsee has stated that if Phase One is a success,her future plans call for the construction of additional shops and related parking in that area that is currently vacant. She would prefer to keep the hamburger stand in the location shown on the site plan. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 20, 2004, the Planning Commission voted 5:3 to deny a a specific use permit to allow a craft mall and a restaurant in an RCR(Residential Conservation and Revitalization)District at 1820 Pennsylvania and 1885 Park. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager and the Public Works Director ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CRAFT MALL AND A RESTAURANT IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1820 PENNSYLVANIA AND 1885 PARK IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to LinMarie Garsee and Jesse Gomez to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization) District located at 1820 Pennsylvania and 1885 Park, being Lot 1, Block 1,Johnson Addition and Tracts 27-28 and the N 50' of Lot 29, Plat P, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 1.02 acres, more or less, as described on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization) District located at 1820 Pennsylvania and 1885 Park, being Lot 1, Block 1, Johnson Addition and Tracts 27-28 and the N 50' of Lot 29, Plat P, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 1.02 acres, more or less, as described on Exhibit "A" attached hereto, is hereby granted to LinMarie Garsee and Jesse Gomez, their legal representatives, successors and assigns subject to the following conditions: 1. Provide a 6' wide landscape strip along the north, east and west sides of the parking lot. 2. Any improvement to the existing drainage system shall be constructed with an underground drainage pipe system. 3. Provide a minimum of 26 parking spaces. 4. Modify the landscaping/screening requirements along the southeast, southwest and east property lines. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of October, 2004. - Mayor Evelyn M. Lord - r . �o rf rI sr rf• .H .I ii M • I • t I 77 AA ill/ .. � rs [Ap 1733-P: Rcgnat for a specific use permit to agow a craft ma0 ad a n stiumnt NORTH m RCR(Residential Conservation and Revitalization)Distrxt .cation: 1320 Pennsyivania and 133S Panic plicant: Two Heart:V'Bi age SCALE 1"=200* rE /^ . 1• 17 N I. •O• •,7. a• s• j f/ tIo •Y It t N M w. f ROYAL ST. W-g / . •o +I to v 60 60 .�Siu ' • •.1., fa q3" fo • f�• � l } W Y fJ 3[ • / i♦ CRAIG ST. ��.i+ S92 400 3` i V u '� • 3 L L I RMA ST. 1RMA I - — ----- 1:� If , V •v • 2 -- --- °a 0 'Jv FA r FAY ST. ' s Li _ U -- rt err 1 + t ..�•�,L e W lF . /irf ` UNDERHILL AVE. Z W - /_ J t 1.. y EXHIER7 «a„ rt 1'•� �i ---- - -- --------t...><.., --�r---------------- ---- �ii�i�: 1 1 'COO rj 1 1 I 1.�r ltwr}M T 4•nw+r wJrra2rtr.'•,niJn M�fMt 'ltvl:Yt't.•V—.HtII1p.JN^1tIJIC� � � , I t LYC614iJW.a fI1Lt7[rtiOK�J V:•]lK•Jq Y,C}wt.�wlt4rwtt O•.. •t0':,•H'•}}•..r Krotroee.s.aa}a,aJ.ei•no•.:w•r. ti Ie '� �`1w.lPt'M.�TY M•.011 tl1!}.l�.A\H i O.Y1 t^wwIMtNJC.S RYf12 1 ' � � '_ 1+t-nac.,aa-.J.::ureuawu•v n•aa•.JC • I }i.N>iir�:.ti•n.rw•�wiri',ti n.�r•.��: ■■■ 4,fwIfYM•,•ttTti�•. 1 I I Y7• MR MRf 1 ( f 7fJVN71W1.4. r Imaim rx+wr •� }Jla M,Qr ® d9nM:CpArdY,k1,. — I ® .tw rnwren� ' 1 _ w *Approval subject to the following conditions: •�•• 1. Provide a 6'wide landscape strip along the north,east and west sides of the parking lot W 2. Any improvement to the existing drainage system shall be constructed with an underground drainage pipe system 3. Provide a minimum of 26 parking spaces 1.,,1,1,zrit,inn/srrevnine M111irements along the southeast,southwest and east property lines. 3 October 5, 2004 Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program City of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: October 5, 2004 - - AGENDA MEMO DATE: September 23, 2004 REQUESTED ACTION: Council approval for the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program. RECOMMENDATION Administration recommends authorization for the purchase of vehicles through the State of Texas Cooperative Purchasing Program in the amount of$675,218. BACKGROUND The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, counties, school districts and municipal agencies within Texas. The Cooperative Purchasing Program is coordinated by the Texas Building and Procurement Commission(TBPC)in accordance with state bidding statutes. Representatives from TBPC meet with major vehicle manufacturers each year to discuss the model changes and features offered to major fleet consumers for the upcoming year vehicle models. Specifications are developed and published for distribution to governmental consumers and statewide vendors. TBPC solicits bids from vendors throughout the state to furnish pricing on various types of vehicles. These vehicles include compact size cars, intermediate size sedans,police pursuit vehicles, '/z ton,3/a ton and 1 ton light and heavy duty pickup trucks, vans(cargo and passenger) and medium duty cab and chassis. Specifications include features such as 4, 6, and 8 cylinder engines, 2 and 4 wheel drive, automatic and manual transmissions, air conditioning, ADS brake systems and AM/FM radios. Optional features such as tilt steering, cruise control, spotlights, tool boxes, grille guards and heavy duty bumpers are bid and offered for an additional cost. Purchase of Vehicles ,September 23, 2004 Page 2 Bids are open to any vehicle dealer on the State of Texas Bid List. Due to the volume of vehicles requested by the State,generous concessions are offered to the dealer from the manufacturers. Bids are received and evaluated by the TBPC. After bids are evaluated,a contracted price list is published indicating the successful vendor for each type of vehicle and the prices of specific optional features. Vehicles are selected from the published list and orders are submitted to TBPC. Vendors generally deliver the vehicles within 90 to 120 days. Thirty-six (36) vehicles, budgeted in Fiscal Year 2005, are available through the State of Texas Cooperative Purchasing contract. Included in this year's budget are funds for twenty-one(2 1)pursuit vehicles,three(3)intermediate sedans,one(1)fuU size cargo van,two(2)'h ton pickup trucks,one (1) '/z tan four wheel drive pickup truck, two (2)extended cab with four wheel drive pickups, one (1) 3/4 ton gasoline powered cab and chassis equipped with a utility body, one (1) extended cab compact pickup truck, two(2) 15,000 GVWR medium duty diesel powered cab and chassis,one(1) 17,500 GVWR medium duty diesel powered cab and chassis,and one(1)3/4 ton diesel powered cab and chassis with dual rear wheels. Replacement vehicles and additions to the fleet are requested through the City's budget process. The Internal Services Department reviews the requests and evaluates the equipment to be replaced. Based on this evaluation,a recommendation is made to replace wom and obsolete vehicles that are no longer cost effective to operate. All of the vehicles purchased are replacement vehicles. The units will replace year models ranging from 1992 to 2002. Some of the replaced vehicles will be relocated to other divisions. The remaining vehicles will be disposed of according to the City's surplus property disposal policies. Warranties of 36,000 miles or three(3)years are provided for each new vehicle. The warranty service is provided by local authorized dealerships. BUDGETARY IIVIPACT Funds in the amount of$565,446, $68,224, and$41,548 will be expended from the Capital Reserve Fund, Water Fund, and Auto Theft Task Force funds, respectively. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Internal Services Director. DISTRIBUTION OF FLEET PURCHASES DEPARTME DIVISION DESCRIPTION QTY. TOTAL NT PRICE Internal Building Services Ford Econoline Cargo Van 1 $13,940 Services Total-Internal Services Department $13,940 Police Field Operations Ford Crown Victorias 20 $403,980 Criminal Chevrolet Malibu 3 $36,090 Investigations ATTF Ford F150 2 $41,548 Total-Police Department $481,618 Fire Administration Chevrolet Impala 1 $16,340 Total-Fire Department $16,340 Health EMS Chevrolet Silverado Ambulance 1 $21,856 Chassis Total-Health Department $21,856 Public Works Streets&Drainage Ford F450 Cab& Chassis 1 $22,902 Traffic Ford F550 Cab&Chassis 1 $26,308 Engineering Chevrolet Silverado 2 $24,030 Water Customer Service Chevrolet S 10 1 $13,101 Utilities Water Distn'bution Ford F450 Cab& Chassis 1 $22,902 Water Production Chevrolet Silverado w/four wheel 1 $15,357 drive Water Reclamation Chevrolet Silverado w/utility 1 $16,864 body Total-Public Works Department $141,464 TOTAL COST $675,218 4 October 5,2004 Consider authorizing the City Manager to execute an agreement for architectural services for the design and construction management of the new Convention and Visitors Bureau(CVB) Office Building t U713J City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: October 5, 2004 AGENDA MEMO DATE: September 30, 2004 REQUESTED ACTION: Council authorize the City Manager to execute an agreement for architectural services. RECOMMENDATION Administration recommends authorizing the City Manager to execute an agreement with Sigma Engineers, Inc. for the design and construction management of the new Convention and Visitors Bureau(CVB)Office Building and Visitor Center. BACKGROUND CVB offices are currently located on the first floor of City Hail. Approximately 2,200 square foot of space is dedicated to office, display and visitor reception areas. A staff of eight(8)full-time and two (2) part-time employees work from this downtown location. Additional storage space comprising approximately 300 square feet is also located in the Civic Center building. Council approved the construction of a new facility in the Fiscal Year 2005 Capital Improvement Program. The new building will provide facilities to adequately meet the needs ofthe CVB and the traveling public. To be included in the structure is office space for the staff,a conference room,work and storage areas, a staff lounge, restrooms and space for reception area and exhibition of visitor information. Construction will include adequate staff and public parking. This facility not only provides an office environment for the CVB staff,it also acts as the first point of contact for visitors to the city. Requests for Proposals(RFPs)were solicited for architectural services to assist the City in designing the new facility. Proposals were received from the eight(8)firms listed below: Convention and Visitors Bureau Office Building September 30, 2004 Page 2 Architectural Alliance, Inc. Kirksey Architecture LaBiche Architectural Group, Inc. LAY-SU&Associates, Inc. Leap Engineering, L. L. C. Long Architects, Inc. Milton Bell Associates, Inc. Sigma Engineering, Inc. Prior to receipt of the proposals, a committee was formed to evaluate the RFPs and recommend a firm to provide the desired services. The committee consisted of the following: Dean Conwell Executive Director of CVB Carolyn Howard Convention& Tourism Advisory Committee Member John Morgan Building Services Superintendent Kirby Richard Internal Services Director Ann Rothkamm Convention& Tourism Advisory Committee Member Mel Wright Convention& Tourism Advisory Committee Chairperson After reviewing the proposals and interviewing four firms,the committee selected Sigma Engineering, Inc. as the firm whose services are most meritorious to the City. An agreement has been negotiated with Sigma Engineering,Inc.to provide design and construction managements services and is attached for your review. As provided in the agreement, a fee of six point eight seven five percent (6.875%) of construction costs, not to exceed Sixty-five Thousand Dollars ($65,000)will be charged for providing architectural services. Estimated cost ofthe project,including architect and engineering fees, is$1.1M. Project design will commence upon the execution of the proposed agreement. Project design is expected to be complete by the end of March 2005. If there are no significant delays in the project, the new facility will be ready for occupancy by the fourth quarter of 2005 or the first quarter of 2006. The City is in the process of acquiring the new building site. The proposed site is located on the downtown entrance corridor at the intersection of Willow and McFaddin Streets. Sigma Engineering, Inc. is certified by the City as a Minority Business Enterprise. BUDGETARY IlffACT Architectural fees are 6.875% of construction costs, not to exceed$65,000. Funds are available in the General Improvement Fund. PREVIOUS ACTION None. Convention and Visitors Bureau Office Building September 30, 2004 Page 3 SUBSEQUENT ACTION None, RECOMMENDED BY City Manager, Executive Director of CVB and Internal Services Director. AGREEMENT FOR ARCHITECTURAL SERVICES This Agreement made as ofthe day of ,2004 between the City ofBeaumont, Texas, hereinafter referred to as "Owner," and Sigma Engineers, Inc., hereinafter referred to as "Architect" for the following Project: New Convention and Visitors Bureau Office Building/ Visitors Center City of Beaumont, Texas, hereinafter referred to as "Project." The Owner and Architect agree as set forth below. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 11. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with a high degree of professional skill, care, and diligence practiced by Architects of Jefferson County and the orderly progress of the Work. The term"high degree of professional skill" shall require more than mere average professional work, but shall not be construed herein to require perfection. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance ofthe Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner,and any adjustments to this schedule shall be mutually acceptable to both parties. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 10.4.1. -1- ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2,1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 11 as part of Basic Services, and include without limitation normal roofing, landscaping, structural,civil,mechanical and electrical engineering services and assistance in the selection and procurement, including preparation of specifications, of furniture and furnishings, and any other engineering services necessary to produce a set of Construction Documents, which will be sufficient and adequate to fulfill the purposes of this project, as described by and required in Paragraph 2.4. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements,each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements,the Architect shall prepare,for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Architect shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program,schedule or construction budget,the Architect shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, civil, mechanical and electrical systems, materials and such other elements as may be appropriate,which shall comply with applicable laws, statutes,ordinances, codes and regulations. Notwithstanding Owner's approval ofthe documents, Architect will provide Documents and specifications which will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Paragraph 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner,the Architect shall prepare,for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project,which shall comply with applicable laws, statutes,ordinances,codes and regulations. 2.4.2 The Architect shall, with assistance of the Owner, prepare the necessary bidding information, bidding forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor, and other required bidding documents necessary to provide the Owner a completed bid document. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of other governmental authorities having jurisdiction over the Project. .3_ 2.5 BIDDING 2.5.1 The Architect, following the Owner's Approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in obtaining bids and assist in awarding and preparing contracts for construction. 2.5.2 If the lowest bid for the construction of the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Architect, then the Architect, at its sole cost and expense, will revise the Construction Documents in a continuous fashion so that they are completed in a timely manner as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE- ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the completion of the one(1)year warranty period. Architect shall inspect the Project prior to the expiration of the warranty period and report to Owner the condition of the Project, including any deficiencies or warranty issues. 2.6.2 The Architect shag provide administration of the Contract for Construction as set forth below and in the edition of AIA document A241, General Conditions of the Contract for Construction, current as of the date of this Agreement,unless otherwise provided in this Agreement or approved by the City. 2.6.3 Construction Phase duties,responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner(1)during construction,and(2)at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 4 2.6.5 The Architect shall visit the construction site at least two times a week,while construction is in progress, to become familiar with the progress and duality of the Work completed and to determine if the Work is being performed in a manner indicating that the Work,when completed,will be in accordance with the Contract Documents. Architect shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Architect represents that he will follow high professional standards as described in 1.1.2 herein in performing all Services under this Agreement. The Architect shall promptly correct any defective designs or specifications furnished by the Architect at no cost to the Owner. The Owner's approval, acceptance,use of or payment for all or any part of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations or the Owner's rights hereunder. 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge ofacts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress,but shall have no responsibility for job site safety. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations at the site of the work and evaluations of the Contractor's Applications for Payment,the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.S and on the data comprising the Contractor's Application for Payment,that the Work has progressed to the point indicated and that the quality ofthe Work is in accordance with the Contract Documents. The fore- -5- going representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has(1)reviewed construction means,methods,techniques,sequences or procedures,or(2)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have the authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents,the Architect will have authority to recommend to the Owner additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers,their agents or employees or other persons performing Portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of(1)determining compliance with applicable laws, statutes, ordinances and codes; and(2) determining whether or not the Work will be in compliance with the requirements of the Contract Documents. The Architect shall act with such reasonable promptness to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor,all ofwhich remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute review or approval of safety precautions, nor of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials,systems or equipment is required bythe Contract Documents,the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. -6- 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect,for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf ofthe Owner,the Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and shall issue Certificates of Substantial and Final Completion. The Architect will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferred from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.18 The Architect (1) shall render services under the Agreement in accordance with the high professional standards as described in paragraph 1.1.2 herein; and(2)by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Architect's obligations thereunder. 2.6.19 The Architect shall provide the Owner with one(1)set of reproducible prints and one (1) set of compact disks compatible with AutoCad 2000I of the construction drawings showing all significant changes to the Construction Documents during the Construction Phase. Drawings shall indicate significant -7- changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL, 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 11, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services de- scribed under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control,the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required,the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. Owner will be responsible for compensating the Architect for Contingent Additional Services only if they are not required due to the negligence or fault of Architect. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefore as agreed by the Owner and Architect. The duties,responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: _g_ 3.3.1.1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 3.3.1.2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3.3.1.3 due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including,but not limited to, size, quality,complexity,the Owner's schedule, or the method of bidding and contracting for construction,except for services required under Subparagraph 2.5.2. 3.3.3 The Architect shall provide documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.4 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.5 Providing services made necessary by the default of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in connection with a public hearing,arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies,previously approved by Owner. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.43 Providing special surveys,environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. -9- 3.4.5 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.6 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.7 Providing detailed quantity surveys or inventories of material,equipment and labor. 3.4.8 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.9 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner ofthe final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.11 Providing services of consultants for other than architectural, structural, mechanical, roofing, civil and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.12 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4,1 The Owner shall consult with the Architect regarding requirements for the Project, including(1)the Owner's objectives,(2)schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements,as more specifically described in Paragraph 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project,including the Construction Cost, the Owner's other costs and contingencies related to all of these costs. -10- 43 The Owner Shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect and agreed to by the Owner. Such services may include but are not limited to test bores, test pits, determinations of soil bearing values, percolation tests,evaluations ofhazardous materials and hazardous materials storage, ground corrosion and resistivity tests,including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.5 The Owner shall fiunish structural,mechanical,chemical,air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.6 The Owner shall fiunish all legal,accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.7 The services,information,surveys and reports required by Paragraphs 4.4 through 4.7 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Architect. 4.8 The Owner shall give prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 49 Architect shall propose language for certificates or certifications to be requested of the Architect or Architect's consultants and shall submit such to the Owner for review and approval at least fourteen(14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants,the costs of the land,rights-of-way,financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Architect represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly,the Architect cannot and does not warrant or represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing,proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design,bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits,if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE b USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law,statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies,ofthe Architect's Drawings,Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects for additions to this Project or for completion of this Project by others, unless this Agreement is terminated because Architect is in default of this Agreement, at which time the documents become the property of the City of Beaumont. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 TERMINATION,SUSPENSION OR ABANDONMENT 7.1 Architect may terminate this Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of this Agreement through no fault of the Architect. Owner may terminate this Agreement or any phase thereof upon thirty(30)days prior written notice to the Architect with the understanding that immediately upon receipt of such notice, all work and labor being performed under the Agreement shall cease immediately. Before the end of the thirty (30) day period, Architect shall invoice the Owner for all work it performed -13- prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property ofthe Owner upon termination ofthe Agreement and paragraph 6.1 shall not apply and they shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new architect for continuation of services on the Project, Architect shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 7.3 This Agreement may be terminated by the Owner upon not less than seven days written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect or the Owner may terminate this Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment to Architect within thirty(30)days of receipt of a statement for services properly performed, the Architect may, upon seven days written notice to the Owner, suspend performance of services under this Agreement. Unless Architect receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services under this section, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 7.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services properly performed prior to termination. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 This Agreement shall be governed by the laws of the State of Texas. 8.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201,General Conditions of the Contract for Construction, current as of the date of this Agreement. 8.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the -14- partners,successors,assigns and legal representatives ofsuch other parry with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 8.4 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third parry against either the Owner or Architect. 8.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery,presence,handling,removal or disposal of or exposure of persons to hazardous materials in any form at the Project site,including but not limited to asbestos,asbestos products,polychlorinated biphenyl(PCB)or other toxic substances,provided,however,Architect shall have the responsibility to and shall report to the Owner the location of any hazardous material that an architect of skill and expertise should have noticed. 8.7 Upon receipt of prior written approval of Owner,the Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information ifthe Owner has previously advised the Architect in writing ofthe specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 9 PAYMENTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL EXPENSE 9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 9.2 REIMBURSABLE EXPENSES _1g_ 9.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following clauses. 9.2.1.1 Expenses in connection with authorized out-of-town travel; long distance communications and fees paid for securing approval of authorities having jurisdiction over the Project. 9.2.1.2 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 9.2.1.3 Expense ofrenderings,models and mock-ups requested by the Owner. 9.2.1.4 Reproduction expenses associated with the printing of Plans and Specifications to be used in the Bidding Phase. 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 10.2.2. 9.3.2 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions,in accordance with the schedule set forth in Subparagraph 10,2.2 based on(1)the lowest bona fide bid or(2)if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. Such charges shall be included as a separate item on the Architect's statement for Basic Services. 9.5 PAYMENTS WITHHELD 9.5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to -16- contractors,or on account of the cost of changes in the Work other than those for which the Architect is responsible. 9.6 ARCHITECT'S ACCOUNTING RECORDS 9.6.1 Architect shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple ofDirect Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 10.1 BASIC COMPENSATION 10.1.l FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 11 as part of Basic Services,Basic Compensation shall be as follows: Six Point Eight Seven Five Percent (6.875%)of the construction cost, not to exceed Sixty-five Thousand Dollars( $65,000), unless the agreed upon program is expanded. 10.1.2 Progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: • Schematic Design Phase 15% • Design and Development Phase 20% • Construction Documents Phase 30% •Bidding Phase 10% • Construction Phase 25% • Total Basic Compensation 100% 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: _17_ See Attachment"A". 10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 11, other than (1) Additional Project Representation, as described in Paragraph 3.2, and(2) services included in Article 11 as part of Additional Services,but excluding services of consultants,compensation shall be computed as follows: See Attachment"A". 10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS,including additional structural, mechanical, electrical, and civil engineering services and those provided under Subparagraph 3.4.11 or identified in Article 11 as part of Additional Services, a multiple of 1.15 times the amounts billed to the Architect for such services. 10.3 REIMBURSABLE EXPENSES 10.3.1 FORREIMBURSABLE EXPENSES,as described in Paragraph 9.2,and any other items included in Article 11 as Reimbursable Expenses, a multiple of 1.15 times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 10.4 ADDITIONAL PROVISIONS 10.4.1 Payments are due and payable thirty(30)days from the date of receipt of the Architect's invoice. Amounts for services properly performed which remain unpaid sixty(60) days after the invoice date shall bear interest at the rate of one(1%)percent per month. ARTICLE 11 OTHER CONDITIONS OR SERVICES 11.1 Architect shall maintain, at no expense to Owner, a professional liability(errors and omissions)insurance policy placed with a company rated at least B+/X by Best's Key Rating Guide, authorized to do business in Texas, in an amount not less than one million dollars($1,000,000). Such policy shall require the giving of written notice to Owner at least thirty days prior to cancellation or non-renewal of any policies. Architect shall furnish Owner with copies of said policies or certificates evidencing such coverage. 11.2 Architect agrees to indemnify and hold harmless the City, its officers, agents, and employees from and against any and all claims or suits for injuries, -18- damages, loss, or liability of whatever kind of character, arising out of or in connection with the performance by the Architect of those services contemplated by this Agreement,based upon the negligent acts of Architect,its officers,agents,employees and expressly including allegations of negligence,acts or omissions of the City of Beaumont, its agents, officers or employees, when such negligence to the City arises from the negligent performance of professional work undertaken by Architect hereunder. This Agreement entered into as of the day and year first written above. CITY OF BEAUMONT,TEXAS SIGMA ENGINEERS,INC. OWNER ARCHITECT BY: BY: Kyle Hayes, City Manager Sina K.Nejad,P. E. President -19- 5 October 5, 2004 Consider approving an ordinance amending Ordinance No. 04-030 relating to the structures located at 850 Doucette Avenue and 3160 Tracy co ity of Beaumont Sul, Council Agenda Item A ` TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Pamela K. Loiacano, Field Supervisor MEETING DATE: October 5, 2004 AGENDA MEMO DATE: September 28, 2004 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 04-030 relating to the structures located at 850 Doucette Avenue and 3160 Tracy RECOMMENDATION At the request of Councilmember Audwin Samuel, the Administration recommends that the condemnation order for the structures located at 850 Doucette Avenue and 3160 Tracy be reconsidered by Council to allow the property owners to rehabilitate them. BACKGROUND The structure located at 850 Doucette Avenue was brought before City Council on May 4,2004 with staff's recommendation of a raze or repair order. The property owner enrolled in a work repair program on May 4, 2004,but the only visible work is exterior painting. Windows on the structure have broken glass allowing outside elements into the structure. The structure located at 3160 Tracy was brought before City Council on May 4, 2004 with staff's recommendation of a raze or repair order.The property owner enrolled in a work repair program on May 24, 2004,but the only visible work is two new exterior doors and the structure being prepared for paint. No interior work has been done. BUDGETARY IMPACT The City may incur the cost of demolition if the structures are not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze or repair order for the structures on May 4, 2004. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the property owners in a new work program and monitor the progress of work. If the structures are not brought up to code or substantial progress is not made within the specified time period, the structures will be demolished without any further notification to property owners or Council action. RECOMMENDED BY City Manager, Public Works Director, and Building Official. doucette.2ud ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 04-030,TO REMOVE THE STRUCTURES LOCATED AT 850 DOUCETTE AVENUE AND 3160 TRACY FROM SECTION 3 AND DIRECTING THAT THE STRUCTURES AT 850 DOUCETTE AVENUE AND 3160 TRACY BE DEMOLISHED OR REPAIRED WITHIN DAYS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 04-030 be and the same is hereby amended to amend Section 3 to remove the following properties: 37. 850 Doucette Avenue 43. 3150 Tracy Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following properties: 37. 850 Doucette Avenue 43. 3150 Tracy either demolish or repair such structures within days of the effective date of this ordinance. If the owner(s) fail to comply within days, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of October, 2004. - Mayor Evelyn M. Lord - 6 October 5, 2004 Consider approving a software upgrade for use by various City departments City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: October 5, 2004 AGENDA MEMO DATE: October 1, 2004 REQUESTED ACTION: Council consider a software upgrade. RECOMMENDATION Administration recommends the purchase and installation of a software upgrade from HTE, Inc. in the amount of$50,868. BACKGROUND The current HTE software in use by various City departments utilizes an outdated "green screen" format. HTE's upgraded software version known as NaviLine uses a more modern Windows based format. A Windows based system would be easier to use and would adapt to future technology changes more readily than the City's antiquated software. Additionally,the upgrade to the NaviLine software would allow the City to take full advantage of future software enhancements offered by HTE, Inc. The cost to upgrade from the City's current HTE software to the NaviLine software is as follows: DESCRIPTION COST NaviLine Software License Fees: Building Codes/Building Permits and Public Works/Land Management $4,123 Finance/Accounts Receivable and Cash Receipts $3,493 Finance/Asset Management $1,953 Finance/GMBA Accounting System $9,877 HTE Software Upgrade September 29,2004 Page 2 DESCRIPTION COST Finance/Loan Module $2,016 Finance/Occupational Licenses $1,743 Personnel&Benefits/Applicant Tracking $3,283 Payroll/Personnel $8,155 Purchasing/Inventory $5,425 Total NaviLine Software License Fees $40,068 Implementation Fee Project Management and On-Site Installation $ 6,000 Training and Support Training and Support for one(1)year $4,800 TOTAL: $50,868 The NaviLine software will ultimately cost less to maintain than the current HTE software. The purchase and installation of the NaviLine software is expected to initially reduce the software maintenance costs by approximately $10,000 annually. As HTE migrates toward the newer Windows based systems, the older software will become increasingly costly to maintain and will eventually no longer be supported by HTE. This upgrade is exempt from competitive bidding since it is available from only one(1)source having exclusive rights to modify and maintain the software. BUDGETARYIMPACT Funds are available in the Capital Reserve Fund. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager and Internal Services Director.