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PACKET JUL 18 2006
• M ; =y City of Beaumont REGULAR MEETING OF THE Cffy COUNCIL COUNCIL CHAMBERS JULY 18,2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the acceptance of a ten(10)foot wide water line easement for fire hydrants • across Gulf Star Rental property B) Authorize the execution of a License of Encroach Agreement with Heath Vaughn Enterprises, Inc., through their agent Apollo Environmental Strategies, Inc., on the City's right-of-way on Longfellow Street for the installation of a groundwater monitoring well C) Authorize the City Manager to execute a deed conveying the property near 1385 Schwamer to the Port of Beaumont D) Authorize the settlement of the claim of Dalbert LaFleur, Jr. vs. The City of Beaumont, et al • A Cit y of Beaumont � Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 11, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten(10) foot wide water line easement for fire hydrants across Gulf Star Rental property located at 3415 West Cardinal Drive. RECOMMENDATION NayFo Partners, Ltd.have agreed to convey a ten foot(10')wide water line easement to the City of Beaumont. The Water Line Easement crosses Gulf Star Rental property located at 3415 West Cardinal Drive and will serve fire hydrants on the property (out of Lots 28 and 29 of the M. C. Cartwright Subdivision). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director engnayfb_w-card-ib.wpd 11 July,2006 RESOLUTION NO. WHEREAS, NayFo Partners, Ltd., have conveyed a ten-foot (10')wide Water Line Easement, as shown on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services: L4> 3415 West Cardinal Drive Lots 28 and 29 of the M. C. Cartwright Subdivision and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by NayFo Partners, Ltd., as shown on Exhibit"A," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson - GeOmatics, Inc. Professional Land Surveying Services Exhibit "A!' — Page 1 of 3 Metes and Bounds Description 0.084 acres of land situated in the J.W. Bullock Survey, Abstract No. 7 Beaumont, Jefferson County, Texas Being a 0.084 acre tract or parcel of land,10 ft. in width for easement purposes, a portion of that certain tract of land (called 8.482 acres) as conveyed by deed to Nayfo Partners, Ltd.. recorded in Clerk File No. 2005037996 of the Official Public Records of Real Property of Jefferson County, Texas, and also being a portion of Lots 28 & 29 of the M.C. Cartwright Subdivision as recorded in Volume 4, Page 194 of the Map Records of said county, all as situated in the J.W. Bullock Survey, Abstract No. 7 and being more particularly described by metes and bounds as follows; Beginning at a 1/2" steel rod with plastic cap marked "BJG 5635" found located on the southerly right of way line of U.S. Highway No. 69, 96 & 287 (aka Cardinal Drive), a public dedicated right of way, marking the Northeast corner said 8.482 -acre tract and the Northwest corner of the residue portion of that certain tract of land (called 44.763 acres) as conveyed by deed to E.G. Cordts, Jr. recorded in Clerk File No. 2000043951 of said Official Public Records and the Northeast corner of the herein described tract of land; said point bears South 73 deg. 34 min. 12 sec. East a distance of 210.28 ft. from a 1" steel rod in concrete found marking an angle point for corner of said 8.482 acre tract; Thence South 00 deg. 13 min. 28 sec. West along the westerly line of said residual tract with the easterly line of said 8.482 acre tract and this tract a distance of 363.62 ft. to a point marking the Southeast corner of the herein described tract of land; said point bears North 00 deg. 13 min. 28 sec. East a distance of 1077.66 ft. from a 1/2" steel rod with plastic cap marked `BJG 5635" found marking the Southeast corner of said 8.482 acre tract; Thence North 89 deg. 58 min. 20 sec. West, departing said easterly line with the southerly line of this tract a distance of 10.00 ft. to a point marking the Southwest corner of the herein described tract of land; Thence North 00 deg. 13 min. 28 sec. East along the westerly line of this tract, 10 ft. perpendicular to and parallel with the easterly line of said 8.482 acre tract, a distance of 366.56 ft. to a point located on the aforementioned southerly right of way line of U.S. Highway No. 69 and the Northerly line of said 8.482 acre tract marking the Northwest corner of the herein described tract of land; Office:409-832-9333 • Fax:409-832-8531 3387 Laurel,Suite 211 • Beaumont,Texas 77707 • P.O. Box 21075 • Beaumont,Texas 77720 Exhibit "A!' — Page 2 of 3 Thence South 73 deg. 34 min. 12 sec. East along said southerly right of way line with the northerly line of said 8.482 acre tract and this tract a distance of 10.41 ft. to the Northeast corner and Place of Beginning and containing in area of 3,651 square feet or 0.084 acres of land, more or less. Job No.: 06-141 Surveyed: June 2006 �Z60*0 rE�,� �G1STEQ,* BRADY I GIROUARD ...p«.«».5635 «P ... 9�Ff SS��a O� 9Np Ey Bra J. irouard S UI;v 7� D� Re ist ed Professional Notes La urveyor No. 5635 : 1. Bearings referenced to the easterly line of Nayfo Partners called 8.482 acre tract, South 00 deg. 13 min. 28 sec. West - deed. 2. Plat accompanies metes & bounds description. CAGeomatics\Mete Bounds\06-141.doc SARAH ST. �M o D�M0�0©f�J VOL. 4, PG. 194, M.R.J.C. LOT 28 LOT 29 6a E.G. CORDTS, JR. RESIDUE OF 44.763 ACRES C.F. NO. 2000043951 O.P.R.J.C. / Y P.O.13, S 00°13'28" W 1441.28' ; PPP.0,13-4, FND. 1/2' STL L1 ROD W/CAP � MARKED "BJG 5635' L3 FND. 1/2- STL ROD W/CAP VICINITY MAP p0.084 ACRE MARKED "BJG 5635" r *e swz T— 3,651 So. Fr. N (co . � N 06-I NAYFO PARTNERS, LTD. aM 8.482 ACRES co �C''1 C.F. N0: 2005037996 w O co O.P.R.J.C. PI-4 y FND. 1' STL ROD IN CONC. 3 v 0 100 200 .�E • rEx SCALE IN FEET q • I? •`�* co� �i * • NNN Y Q '•A;o. PLAT OF SURVEY J . F S`•°yon 7 6 ©G 0.084 ACRES OF LAND SUNIA- SITUATED IN THE NOTES: LINE TABLE J.W. BULLOCK SURVEY,ABST. NO. 7 1. BEARINL REFERENCED TO THE EASTERLY LINE OF THE NAYFO NUMBER DIRECTION DISTANCE =Ty S 8.482 ACRE TRACT, S 00.1328"W — DEED. L1 s oO.13'28 w 363.62' BEAUMONT,JEFFERSON COUNTY,TEXAS N 89'58'20' W 10.00' � '�� ' ■ 2. I N . 48011WITHIN 245 B, DATED 06/15/198, PER L3 N 00'13'28 E 366.56' P L4 S 73'34'12" E 10.41' v 7 3. METES ! D BOUNDS DESCRIPTION ACCOMPANIES PUT, Professional Land Surveying Services JOB NO.: Q6-141 ADDRESS: 3415 WEST CARDINAL DRIVE SURVEY DAT� JUNE 2006 BEAUMONT, TEXAS 77705 EXHIBIT "All Laurel Avenue,Suite 211 Beaumont,Texas 77707 SCALE 1 - 100' PAGE 3 OF 3 Office: (409)832-9333 Fax: (409)832-8531 F.B./PG.: 6-5 OWNER: NAYFO PARTNERS, LTD City of Beaumont 0 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 11, 2006 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Heath Vaughn Enterprises,Inc.,through their agent Apollo Environmental Strategies,Inc.,on the City's right- of-way on Longfellow Street for the installation of a groundwater monitoring well. RECOMMENDATION The groundwater monitoring well will be installed by Apollo Environmental Strategies, Inc. The license will cover the well at the following location: MW-7 encroaching onto the City's right-of-way,one hundred twenty-five(125)feet south of the edge of the pavement of Gladys Street and five(5)feet west of the edge of pavement of Longfellow Street. The administration recommends authorization to execute the License to Encroach Agreement. BACKGROUND The groundwater monitoring well is being installed to delineate groundwater contamination. 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$500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Public Works Director. engapol lo-vaughn-ib.wpd 11 July 2006 RESOLUTION NO. WHEREAS, Apollo Environmental Strategies, Inc., agent for the owners, Heath Vaughn Enterprises, Inc., has requested that the City of Beaumont grant a License to Encroach to install a groundwater monitoring well onto the City's right-of-way on Longfellow Street as described below and as shown on Exhibit "A" attached hereto and made a part hereof for all purposes: MW-7 encroaching onto the City's right-of-way, one hundred twenty-five (125) feet south of the edge of the pavement of Gladys Street and five (5) feet west of the edge of pavement of Longfellow Street. and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City and utilities serving the same; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a License to Encroach to Apollo Environmental Strategies, Inc., agent for the owners, Heath Vaughn Enterprises, Inc., onto the City's right-of-way on Longfellow Street as described above and as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson - % ■ ° Gladys e asphalt ooncrets asphalt concrete asphalt 4 MW asphalt B-3+ concrete tt asphalt concrete ice C 125' 3 ; o x :3} � i i-----_ ...a. O -n B-1 concrete G3 ° n } O j CD I I�t o 1114 ;$ 114011, 14 ,E o 'x concrete a 0 5, C a Store Bbd concrete Proposed MW-3 MW-7 s asphalt 6 ix +B-5 50' concrete s waste oll tank 4z ®MW-6 concrete asphalt 3 x s asphalt x 2 2 MW-2 3, Building x ate rov�ta» Legend Underground Water line — — — store overhang Underground Sewer line -•------------- drainage ditch Underground Telephone line 0 Monitor Well location Overhead Electric line + Boring location Underground Gas Line * Water Meter --------------- Underground Storage Tank 0 Gas Meter N —-— FuQI Dispenser Island Canopy Drawn By/Date:GD 110-2-01 Site Map - APOLLO Environmental Strategies,Inc. Heath Vaughn JR's Chevron 1"=40' LPST ID No.091343,Fac ly ID No.004712 Revised By/Date: 3355 Gladys,Beaumont,TX EXHIBIT "A" COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: One(1)Monitoring Well encroaching onto the City's right- of-way on Longfellow Street. APPLICANT: Apollo Environmental Specialists, Inc. agent for the owners, Heath Vaughn Enterprises, Inc. DATE OF DISTRIBUTION: June 26, 2006 [due 7-11-2006] 1) Joris P. Colbert, City Engineer Date Received: 6-26-2006 Acceptance and Approval. 2) Jim Terry, Streets &Drainage Date Received: 6-28-2006 Acceptance and Approval. 3) Jack Maddox, Fire Marshall Date Received: 6-27-2006 Acceptance and Approval. 4) Hani Tohme, Water Utilities Date Received: 6-30-2006 Acceptance and Approval. Notify Steve Roberts, Water Utilities Project Manager at 409-785- 3017, 24 hours prior to any excavation. According to the water maps (enclosed), we have a six (6) inch water line on the east side of Longfellow Drive. According to the sanitary sewer maps (enclosed), we have a thirty-six (36) inch sanitary sewer main within the right-of-way of Longfellow Drive and an eight(8)inch sanitary sewer main on the east side of Longfellow Drive. The City of Beaumont Water Utilities Department will hold the contractor financially accountable for any damages incurred during construction. 5) Stephen Richardson, Planning Manager Date Received: 6-27-2006 Acceptance and Approval. 6) Mark Horelica, Transportation Manager Date Received: 6-26-2006 Acceptance and Approval. 7) Patrick Sam, Reliant Energy Entex Date Received: 6-26-2006 Acceptance and Approval. 8) James Bryant, Entergy Date Received: 6-28-2006 Acceptance and Approval. No objections. 9) Cliff Moore, AT&T Date Received: N/A 10) Richard Le Blanc, D.D.#6 Date Received: 6-26-2006 Acceptance and Approval. 11) Tyrone Cooper, Legal Department Date Received: 7-7-2006 Acceptance and Approval. Do we require insurance to cover any possible damage to City facilities? comments summary c .MAW..... Cit y of Beaumont A - . • N, Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 10, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a deed conveying the property near 1385 Schwamer to the Port of Beaumont. RECOMMENDATION The City of Beaumont has agreed to convey their property to the Port of Beaumont. Legal Description: 0.1178 acre (5133.10 square feet) out of the David Brown Survey, Abstract No. 5 Administration recommends authorization to convey this property. BACKGROUND This property was originally acquired by the City in the widening of Schwarner Street. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engport_of bmt-ib 10 July 2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a deed conveying the following property near 1385 Schwarner to the Port of Beaumont as shown on Exhibit"A" attached hereto: 0.1178 acre (5133.10 square feet) out of the David Brown Survey, Abstract No. 5 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson - KATHY FAYE JOW,VN o 0 CF NO. 984170; N �o OPRX tI CL; wpO Z � Z3 (CALL N89'06'16'E 62• o 0 1 4 SET 5!/B• B ND N89'06'16 E 62.03' = , L tB SE x a l N L RtA1 I ` I ` OF m e ly z FND 5 33.10 SQ. F7'. FND 11.1178 ACRES x" RE WAINDER OF I:... ' 4 a I v M p� CRY OF�AUMONT 2�_ - =� -e w Co VOV 154. PG. 322 � j R XC 4 h_ a O �X -t.n &� .o CD ` Rl Q. �i�h yJ _ o W R in RFWAINDER OF c Os Lb 14 GEORGE W. Wtt1YWS oO Q VOL 1333ff PC. 13 o w i m X� w 2 O WOOD$ FRAME Qy °zb'o�4oa w REST NCE t7 _p N �d o u,''S f T E(M 24. AMTEti I t•n EDWARD ZENN ROCK •{ \ CF NO. 9437482 ARNE ?� 1 �� �` OPRJC jig ^^ SI >?4C pfC--- FND OD FND 800 F N86°53'15"fl 62.0 ,I. ROD p (Cal.N85'59115-W 620D') (REFERENCE& ING PER CITY OF BEAUMO R.0,W, MAP) EE T (40'R.O.W.) 1385 SCHWARNER STREET BFAUAIONT. TEXAS 77701 TO THE OWNERS OF THE PREMISES SURVEYED 81178 Am(5133.10 Sq.Fee rroct or Parcel of Land AS OF THE DATE OF THE SURVEY. David tk m Surrey,AG q.F 5 R W 00 HEREBY CERTIFY THAr THIS SURVEY WAS THIS.DAY �exerson county.'ra+o� MADE ON THE SURFACE OF THE GROUND OF I 4f PROPERTY LEGALLY DESC Owner Port o(t3eolmront HEREON AND 6 CORRECT. t FIND NO Di ANCIES SHORTAGES IN ARE�I ENCRpACHyEN75 OR OVERLAPPING OF IUppjM wENTS ON THE SURFACE OF 'DiE GROUND. EXCEPT AS SHOWN HEREON AIJ WCOROFD ShM Census 17.00 NOTED PfR BFAUiRMIT TRLE COMPANY G.F M. 7266 7-BT89 in accordance with the Hazard Soundory OF...Tie Mop. Deportment of Housing and Urban Development. DATE SURVEYED- APRIL 28. 2006 'E Ro';U? Community No.: 485457 Panel No.: 005 D . ( 7FiWAS,S.ROW Dote of F16t 8-6-02 5728 This property lies Nn Zone X'(white). Locution on mop determined by scole'on mop. Actual field elevoHon not determined_ Mork W. Whiteley and THOMAS S ROWE - REGISTERED PROFESSI NAL LAND SURVEYOR No. 5 28 �ta or es not varrant nor rd maps.subscribe to the 0 - MARK W. WRITELEY P. 0. Box 5492 Zone X(white) ore areas determined to be li AND ASSOCIATES HEAUYotiT. TE7G3 77126 5492 outside 409-892•-0421 500-year flood plan. —MANCM LNGINISERS. 1-150 USTRX FRWY. SURV,,ORS. AND PLANNERS BEAIJUONT. TL%AS Tr 00 C 200 9&*W.IT a�10.10. sic f,r„c.,r,eu pwrary (FAX) 409-&W2-I348 a+ir ax.rm6 as.an io.t�um.d d c+d�^' .ea1�r�r Die�1bxn PM�� W:\2006\06-260\0 —260.0WG\RAK EXHIBIT "A" D City of Beaumont AIR Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kyle Thomas, Senior Assistant City Attorney MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 12, 2006 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Dalbert LaFleur, Jr. vs. The City of Beaumont, et al. RECOMMENDATION Council approval of a resolution authorizing the settlement ofthe claims brought in the lawsuit Dalbert LaFleur, Jr. v. City of Beaumont, et al in the amount of$150,000. BACKGROUND Council discussed this lawsuit in an Executive Session held on July 11, 2006. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay the sums above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS, the claims of Dalbert LaFleur, Jr. vs. The City of Beaumont, et al,were discussed in an Executive Session properly called and held Tuesday, July 11, 2006; and, WHEREAS, the Council desires to authorize the settlement of the claims in the lawsuit styled Dalbert LaFleur. Jr. vs. The City of Beaumont, et al; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the claims in the lawsuit styled Dalbert LaFleru, Jr. vs. The City of Beaumont, et al for the sum of$150,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson - Ar • .lt7 W, City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 18,2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda • GENERAL BUSINESS 1. Consider approving a bid for the construction of a new Convention and Visitor's Bureau(CVB)building 2. Consider approving a bid for asbestos abatement and demolition of various Fairground buildings 3. Consider approving Change Order No. 3 for the Henry Homberg Municipal Golf Course Clubhouse project 4. Consider authorizing the City Manager to execute an industrial district contract 5. Consider approving the purchase and installation of a live-fire training unit for the Police Department 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 Nederland, et al v Entergy Gulf States, Inc. In the Matter of Arbitration between The City of Beaumont and International Association of Fire Fighters, Local 399 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 July 18, 2006 Consider approving a bid for the construction of a new Convention and Visitor's Bureau (CVB) building Is~ City of Beaumont e Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 13, 2006 REQUESTED ACTION: Council approval of the award of a bid for the construction of a new Convention and Visitor's Bureau (CVB)building. RECOMMENDATION Administration recommends the award of a bid for furnishing all labor, equipment, materials and supplies necessary to construct a new 4,500 square foot CVB building at the corner of Willow and McFaddin Streets. The low bid, submitted by H. B. Neild& Sons, Inc. of Beaumont, in the amount of$1,267,082 is recommended for award. BACKGROUND The building includes a lobby and receptionrnformation center, a media equipped conference room, visitor restroom facilities,and office space for the CVB staff. Interior design elements include granite tile on reception area walls below wainscot, granite tile floors, a vaulted ceiling with the Texas Star placed in the ceiling below the cupola, ornamental bronze cast metal panels installed above each interior doorway, the City logo affixed to the store front doors and stained glass door panels on interior doors within lobby area. The building exterior will include a domed cupola with a wrought iron rail and a copper roof. The parking lot is designed to accommodate twenty-nine(29)vehicles. The bids received on June 22, 2006 are as follow: Contractor Base Bid Alt. 1 Alt. 2 Completion Time H. B. Neild& Sons, Inc. $1,249,882 $5,200 $12,000 270 days Beaumont, TX Allco, Ltd. $1,310,000 $5,500 $11,700 300 days Beaumont, TX Construction of CVB Facility July 13, 2006 Page 2 Contractor Bid Alt. 1 Alt. 2 Completion Time Bruce's General Construction $1,330,000 $6,000 $11,000 295 days Beaumont, TX N& T Construction Co. $1,339,000 $5,100 $13,000 300 days Orange, TX Daniels Building& Construction $1,498,000 $6,000 $18,000 310 days Beaumont, TX SeTEX Construction $1,610,000 $9.500 $16,500 360 days Beaumont, TX Alternate No. 1 is the replacement of obscure glass panels in three interior doors with stained glass and Alternate No. 2 is the installation of ornamental metal cast panels below the display shelf in the lobby area. H. B. Neild plans to subcontract a portion of their work to several city certified vendors including Crabtree Barricade and Beaumont Architectural Sales and Services. Other subcontractors certified by the State as Historically Underutilized Businesses (HUB) include Porter's Carpet, Beaumont Electric and Longhorn Blinds of Austin. Work is expected to commence by mid-August and should be completed by May 2007. The inclusion ofthis attractive building at the entrance corridor ofthe downtown business district will enhance the area while providing a welcoming location for those seeking to explore the amenities that Beaumont's convention market has to offer. BUDGETARY IMPACT Funds for this project are budgeted in the General Improvements Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. 1 Will ate • r � m`7•. .+. �..:.. s f f s r r,R't`�'--• "_J a �� ate-�?-�a�'�-_���� r�;'"r�'wrr� - a 1! r • RESOLUTION NO. WHEREAS, bids were received for furnishing all labor, equipment, materials and supplies necessary to construct a new 4,500 square foot Convention and Visitors Bureau building at the corner of Willow and McFaddin Streets; and, WHEREAS, H. B. Neild &Sons, Inc., submitted a bid in the amount of$1,249,882; and, WHEREAS, City Council is of the opinion that the bid submitted by H. B. Neild & Sons, Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by H. B. Neild & Sons, Inc., in the amount of $1,249,882, for furnishing all labor, equipment, materials and supplies necessary to construct a new 4,500 square foot Convention and Visitors Bureau building at the corner of Willow and McFaddin Streets be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson - 2 July 18, 2006 Consider approving a bid for asbestos abatement and demolition of various Fairground buildings City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 12, 2006 REQUESTED ACTION: Council approval of the award of a bid for asbestos abatement and demolition of Fairground buildings. RECOMMENDATION Administration recommends the award of a bid for furnishing all labor, equipment, materials and supplies necessary to remove asbestos containing materials and demolish the buildings at the Fairgrounds. The low bid, submitted by Inland Environments,Ltd. of Port Arthur,in the amount of $132,880 is recommended for award. BACKGROUND The buildings to be demolished include the North and South Exhibit buildings, the Arts and Crafts building,the Food Court, a small storage building and a restroom building. The buildings, damaged by Hurricane Rita, are no longer in use and are subject to vandalism. The Arts and Crafts building, the Food Court and the North and South Exhibit buildings contain asbestos materials which must be removed prior to demolition. The bids received on June 15, 2006 are as follow: Contractor Bid Completion Time Inland Environments, Ltd. $132,880 60 calendar days (21 Pt. Arthur, TX days for abatement) CST Environmental $150,400 20 calendar days Houston, TX AAR, Inc. $160,462 56 calendar days Houston, TX Demolition of Buildings July 11, 2006 Page 2 Contractor Bid Completion Time Certified/LVI Environmental Service $219,212 25 calendar days Houston, TX Coastal Demolition $227,850 90 calendar days Beaumont, TX Intercon Environmental, Inc. $276,979.29 60 calendar days Mansfield, TX Cherry Demolition $296,072 N/A Houston, TX Arrow Services, Inc. $345,000 65 calendar days Houston, TX D. H. Griffin of Texas, Inc. $366,375 50 calendar days Houston, TX Work is expected to commence August 1, 2006 and be completed within sixty(60)days. All work will be conducted by Inland Environments, therefore, no work will be subcontracted. BUDGETARY IMPACT Funds for this project are available from insurance proceeds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. is RESOLUTION NO. WHEREAS, bids were received for a contract to furnish all labor, equipment, materials and supplies necessary to remove asbestos containing materials and demolish the buildings at the Fairgrounds; and, WHEREAS, Inland Environments, Ltd., Port Arthur, Texas, submitted a bid in the amount of$132,880; and, WHEREAS, City Council is of the opinion that the bid submitted by Inland Environments, Ltd., Port Arthur, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Inland Environments, Ltd., Port Arthur, Texas, to furnish all labor, equipment, materials and supplies necessary to remove asbestos containing materials and demolish the buildings at the Fairgrounds in the amount of $132,880 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson - r 3 July 18, 2006 Consider approving Change Order No. 3 for the Henry Homberg Municipal Golf Course Clubhouse project 11791-71 City of Beaumont Council Agenda Item m TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 12, 2006 REQUESTED ACTION: Council consider Change Order No. 3 for the Henry Homberg Municipal Golf Course Clubhouse project. RECOMMENDATION Administration recommends authorizing the City Manager to execute Change Order No. 3 to the construction contract for the Henry Homberg Municipal Golf Course Clubhouse project. BACKGROUND On March 8, 2005, by Resolution No. 05-056, City Council awarded a construction contract to G & G Enterprises, Inc., Orange, Texas, in the amount of$599,100 for the construction of the new Henry Homberg Municipal Golf Course Clubhouse. Change Order No. I was executed on June 10, 2005 and deducted $4,025 from the $10,000 Contingency Fund, leaving a balance of$5,975. Change Order No. 2 was executed December 22, 2005 and deducted $4,590 from the Contingency Fund,leaving a balance of$1,385. Because these amounts were taken from the Contingency Fund, the original contract amount remained the same. Item one of Change Order No. 3 provides for the removal of new carpet and replacing it with ceramic tile to match areas already tiled. The carpet was not installed properly and was scheduled to be replaced when the decision was made to replace the carpet with ceramic tile as it is easier to maintain in high traffic areas. A partial credit for the carpet was given and applied to the cost of tile to cover approximately 1,900 square feet. The net result is an addition of$9,277 to the construction contract. Item two of this Change Order provides for an additional 12,140 square foot concrete parking lot expansion. Originally parking for approximately 73 vehicles including disabled accessible spaces was planned;however,as a result of increased business at the golf course the new parking lot is not large Change Order No. 3- HH Municipal Golf Course Clubhouse July 12, 2006 Page 2 enough to accommodate the increased vehicular traffic. This expansion will provide an additional thirty(30) parking spaces. The total of both items in Change Order No. 3 is$67,092 and will increase the construction contract by 11%to $666,192. No contract extension time is required for this change order. The date of Substantial Completion for this project was November 2005; however, due to Hurricane Rita, there were many construction delays. The projected date of completion is expected to be approximately twenty (20) days after execution of this Change Order, subject to weather conditions. Therefore, the approximate date of completion will be August 2006. A copy of Change Order No. 3 is attached for your review. BUDGETARY IMPACT Change Order No. 3 will increase the cost of the construction project by a total of$67,092. Funds are available from the General Improvement Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. %SAIA Document G701TM - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:003 OWNER: Henry Homberg Golf Course Clubhouse DATE:June 29,2006 ARCHITECT: TO CONTRACTOR(Name and address): ARCHITECTS PROJECT NUMBER:0415 CONTRACTOR:ED 0A G F�tgrprises CONTRACT DATE: March 28,2005 FIELD:❑ `0 Bos 2024 CONTRACT FOR General Construction OTHER:❑ I3t11 Iu�att tl Luther King,Smite A Orange---TX-'97631. THE CONTRACT IS CHANGED AS FOLLOWS: (Include,4vltere applicable,any undisputed amount attributable to previously executed Construction Change Directives) Remove new c. t in iiit areas and replace with 18"x 18"American Olean(match existing)throughout. Install rubber base as previously scheduled. Ibis is a direct cost with no mark-up from G&G: 2.-Provide Additional paving as-required. This is approximately 12,140 sf and matches the layout of Alternate 1 Parking Additiou.-'this includes.striping and cleaning out the ditchline but does not include the asphalt approach and the culvert: Total,additions tg contract per this Change Order: $67,092.00 The or}gina2 Contract Sum was $ 599,100.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior,to this Change Order was $ 599,100.00 The Contract Sum will be increased by this Change Order in the amount of $ 67,092.00 The.neitr contract Sum includtngthi&-Chairge Order will be $ 666,192.00 The Contract Time will be unchanged by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Change'Order"does nprinclude changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by t onstruaioIa Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VAUb UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliance,Inc. G&G Enterprises The City of Beaumont ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 6654Pheian Blvd. P.O.Box 2024 P.O.Box 3827 Beaurrionr,Texas;77706 1301 S.Martin Luther King,Suite A Beaumont,TX 77704 Oran e,TX 77631 ADDRESS AD R S ADDRESS Y gnature) (Sign e) BY(Signature) J.Rob Clark,AIA Colin Garrett f Kyle Hayes (Typed (Typed name) e) ( - 2 7—' �Z q © (0 DATE DATE DATE AIA Document G701 Tm–2001.Copyright®1979,1987,2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING:This AIA! Document Is protected by U.S.Copyright Law and International Treaties.Unsuthorbxd reproduction or distribution of this AIAe Document,or any portion of It may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:44:51 on 06129/2006 under Order No.1000197503_1 which expires on 9!2212006,and is not for resale. User Notes: (3239756718) Message Page 1 of 1 rob Clark From: Colin Garrett[coling @ggenterprises.net] Sent: Tuesday, June 27, 2006 8:25 AM To: rob clark Subject: Homberg Additional Pricing Rob: Please find the below pricing for Homberg as requested: 1. Remove new carpet in all areas and replace with 18"x 18"American Olean (match existing)throughout. Install rubber base as previously scheduled. This is a direct cost with no mark-up from GAG: $9,277 2. Provide additional paving as required: This is approximately 12,140 sf and matches the layout of Alternate 1 parking addition. This includes striping and cleaning out the ditchline, but does not include the asphalt approach and the culvert. $57,815 Please advise as soon as possible if these adds are acceptable. Thank you, Colin Garrett Project Manager G&.G Enterprises, Inc Phone:(409)883-5465 Fax: (409)883-9132 Cell: (409)313-1607 This electronic mail (including any attachments) may contain information that is privileged, confidential, and/or otherwise protected from disclosure to anyone other than its intended recipient(s). Any dissemination or use of this electronic email or its contents (including any attachments)by persons other than the intended recipient(s) is strictly prohibited. If you have received this message in error, please notify us immediately by reply email so that we may correct our internal records. Please then delete the original message(including any attachments) in its entirety. Thank you. 6/29/2006 RESOLUTION NO. WHEREAS, on March 8, 2005, the City Council of the City of Beaumont, Texas, passed Resolution No. 05-056 awarding a contract in the amount of$599,100 to G & G Enterprises, Inc., Orange,Texas,forthe construction of the new Henry Homberg Municipal Golf Course Clubhouse; and, WHEREAS, Change Order No. 1, on June 10, 2005, deducted $4,590 from the $10,000 Contingency Fund, leaving a balance of$5,975; and, WHEREAS, Change Order No. 2, on December 22, 2005, deducted $4,590 from the Contingency Fund, leaving a balance of$1,385; and, WHEREAS, Change Order No. 3, in the amount of$67,092 , is required to remove carpet and replace with ceramic tile and to provide a 12,140 square foot concrete parking lot thereby increasing the contract amount to $666,192; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 3 increasing the contract amount by $67,092 for a total amount of $666,192 for the Henry Homberg Municipal Golf Course Clubhouse. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson - 4 July 18, 2006 Consider authorizing the City Manager to execute an industrial district contract City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 5, 2006 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an industrial district contract with 850 Pine Street, Inc., a Delaware Corporation. RECOMMENDATION Administration recommends approval authorizing the City Manager to execute an industrial district contract with 850 Pine Street, Inc., a Delaware Corporation. BACKGROUND 850 Pine Street, Inc., a subsidiary of Chicago Bridge and Iron,has acquired the property commonly referred to as Trinity Island,which is located within the extra-territorial jurisdiction(ETJ)of the City of Beaumont. This property is presently covered by an"in lieu of agreement with Trinity Industries. These agreements enable the City to collect payments in lieu of taxes from industries located outside the City limits. A new agreement has been negotiated with 850 Pine Street, Inc.,which will require payments in the amount of$10,000 each year for the years 2007 and 2008. For the years 2009 thru 2011, the payments will be based upon a ratio of 40%of the property taxes due to the City if the company was located and taxed in the City limits during that time period. The payments for the years 2012 through 2015 shall be based upon a ratio of 75% of the taxes due. BUDGETARY IMPACT The payments for years 2007 and 2008 will be approximately$8,000 less than the payment received in 2006; however, the payments thereafter should be substantially higher. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager. • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an industrial district contract with 850 Pine Street, Inc., a Delaware Corporation substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and 850 Pine Street, Inc., a Delaware Corporation, its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, the City has established an industrial district comprising a certain part of the extraterritorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, Company owns land and/or improvements within the City of Beaumont Industrial District which are a part of the manufacturing, industrial, and refining facilities of said Company. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City by reason of being located immediately adjacent to said City and benefits derived by the Company by reason of being located within the Industrial District. Is GACGWGREEMEMCB&I.wpd-6-06.wpd 1 / 8 EXHIBIT "A" In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I. COMPANY'S OBLIGATION A. Annual Payment. Commencing with the calendar year 2007 and each calendar year thereafter for the duration of this Agreement, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal,and mixed located on Company's land covered by this Agreement (herein referred to as the "Properties"). B. By the term "Assessed Value" is meant the 100% valuation of the properties, as determined by the Jefferson County Appraisal District for ad valorem tax purposes. C. The term"Assumed City Taxes Due"shall be calculated by the following formula: Assessed Value divided by 100 x the current ad valorem tax rate adopted by City Council of City = Assumed City Taxes due. D. Payment Procedures (1) The payments for 2007and 2008 shall be in the amount of$10,000 each year and shall be due and payable on or before February 1, 2007 and February 1, 2008 respectively. (2) For the years 2009 through 2015, the payment shall be based upon a calculation of Assumed City Taxes as shown in C. above. G:\CGWGREEMEN\CB&I.wpd-6-06.wpd 2 / 8 If the Assessed Values of the Properties for a tax year are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified Assessed Values of the Properties by the Jefferson County Appraisal District. The Company shall notify the City following resolution of the Assessed Value question and an adjustment for the payment,without interest,will be made within thirty(30) days following such resolution. After the Assessed Value of the Company's Properties have been determined, the annual payment due shall be made in accordance with the following schedule: The 2009 through 2011 annual payments shall be forty percent(40%) of Assumed City Taxes Due. The 2012 through 2015 annual payments shall be seventy-five (75%) of Assumed City Taxes Due. (3) City hereby agrees to bill Company for annual payments due hereunder on or before January 1 each year. Company shall pay such amount to City on or before February 1 each year. Upon receiving the annual payment due, the Finance Officer of the City shall issue an official receipt of said City acknowledging full,timely,final and complete payment due by said Company to City for the Properties involved in this Agreement for the year for which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the city limits of City will be recaptured and paid to the City 0 within sixty (60) days of any such event. G:\CG\AGREEMEN\CB&I.wpd-6-06.wpd 3 / 8 ARTICLE II. PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the Properties of Company (facilities, real, personal, and mixed) located on Company's real property as determined by the Jefferson County Appraisal District which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III. SALE BY COMPANY Company shall notify City of any sale of any or all of Company's Property, including facilities, to any person or entity, if the value of such property substantially affects the current assessed value of the property as set forth by the Jefferson County Appraisal District. As to payments due under this Agreement no such sale shall reduce the amount due the City under this Agreement until the purchaser of such Property has entered into an Agreement in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. It is the intent of the parties that no sale of any of Company's Properties will affect the amount to be paid to the City under this Agreement. ARTICLE IV. CITY'S OBLIGATIONS A. City agrees that it will not annex, attempt to annex or in anyway cause or permit to be annexed any portion of lands or facilities or Properties of said Company covered by this Agreement for the period of the Agreement except as follows: (1) If the City determines that annexation of all or any part of the Properties covered by this Agreement belonging to said Company is reasonably necessary to promote G:\CG\AGREEMEN\CB&I.wpd-6-06.wpd 4 / 8 and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 st of said year. (2) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of Assessed Values. B. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District,any rules, regulations, or any other actions: (a)seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. C. It is understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to G:\CG\AGREEMEN\CB&I.wpd-6-06.wpd 5 / 8 Company's Properties located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V. TERMINATION OR BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI. AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's"affiliates"and to any Properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to the Properties owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, G:\CG\AGREEMEN\CB&I.wpd-6-06.wpd 6 / 8 owns or has the power to exercise the control over fifty percent(50%) or more of the stock having the right to vote for the election of directors. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for nine (9) years, commencing July 1, 2006, and ending on December 31, 2015. ARTICLE VIII. CONTRACT REOPENERS Either party, by giving written notice to the other party a minimum of one hundred twenty (120) days prior to the end of the 7th year of this contract may reopen for negotiation any portion or all of this agreement for the years 2014 and 2015. ARTICLE IX. NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law, shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager 850 Pine Street, Inc. City of Beaumont 5410 Gorman Road 801 Main Beaumont, TX 77705 P. O. Box 3827 Beaumont, Texas 77704 ATTN: Lee A. Murphy, Vice-President If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and - separable provision not to be affected by such adjudication. G:\CG\NGREEMEN\CB&I.wpd-6-06.wpd 7 / 8 IN WITNESS THEREOF, this Agreement, consisting of 9 pages, is executed in counterparts as of this day of 2006. duplicate p y , CITY OF BEAUMONT, TEXAS By: Kyle Hayes City Manager ATTEST: Rose Ann Jones City Clerk 850 Pine Street, Inc., a Delaware Corporation By: WITNESS: G:\CG\AGREEMEN\CB&I.wpd-6-06.wpd 8 / 8 ! 5 July 18, 2006 Consider approving the purchase and installation of a live-fire training unit for the Police Department V~ City of Beaumont 4W_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 18, 2006 AGENDA MEMO DATE: July 12, 2006 REQUESTED ACTION: Council approval of the purchase and installation of a live-fire training unit for the Police Department. RECOMMENDATION Administration recommends approval of the purchase and installation of a live-fire training shoothouse from Porta-Target of Grant, Florida in the total amount of$98,992.92. BACKGROUND The Porta-Target unit is a 48' x 28' ballistic steel live-fire training unit (separated into 8 "room" compartments)which will be installed within the metal building approved for construction by City Council on April 18, 2006 in the amount of $153,800. It will allow the Police Department to conduct live-fire training, low light tactical training, active shooter training, and building clearance/disturbance call training. The installation will include a 56' catwalk above the unit for instructor observation of training exercises. The ability to facilitate this training locally will result in more cost-efficient training for City officers. The Porta-Target unit is available through the General Services Administration (GSA) federal contracts. The GSA contracts comply with all state bidding requirements and the contracts are available to state and local law enforcement agencies. The procedures for purchasing through the federal government are defined in the National Defense Authorization Act enacted in 1993. To comply with these procedures, local law enforcement agencies must submit a request to the Joint Forces Headquarters of the State of Texas. Specific requirements for approval include that the requested equipment be suitable for counter-drug activities. The commander of the counter- drug program within the Joint Forces Headquarters has granted the City of Beaumont's Police Department approval to purchase the live-fire training unit through the GSA contract. Purchase of a Live-Fire Ballistic Training Unit July 12, 2006 Page 2 The scope of work calls for Porta-Target to deliver the unit to the Police training facility in modular panels, which will subsequently be constructed within the metal building previously approved by Council. The project will be a turnkey installation by Porta-Target factory trained and licensed personnel. The components manufactured by Porta-Target(which includes the entire unit, with the exception of the plywood used to line the interior walls) carry a lifetime warranty, presuming the unit is not subjected to rifle fire or armor piercing munitions. Delivery and installation will occur within approximately 90 days of the order. BUDGETARY IMPACT The funds for this expenditure are available in the Confiscated Goods Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RESOLUTION NO. WHEREAS, bids were received for the purchase and installation of a live-fire training unit for the Police Department; and, WHEREAS, Porta-Target, Grant, Florida, submitted a bid in the amount of $98,992.92; and, WHEREAS, City Council is of the opinion that the bid submitted by Porta-Target, Grant, Florida, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Porta-Target, Grant, Florida, for the purchase and installation of a live-fire training unit for the Police Department in the amount of $98,992.92 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July, 2006. - Mayor Guy N. Goodson -