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HomeMy WebLinkAboutPACKET JUL 14 2009 RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER JULY 14, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Downtown Event Center& Park Project B) Authorize the acquisition of property for the Downtown Event Center and Park Project C) Authorize the City Manager to execute an agreement with BMI for the payment of licensing fees D) Approve a contract for concrete raising and rehabilitation services E) Authorize the granting of two (2) Pipeline License Agreements to cross city rights-of-way A RICH WITH OPPORTUNITY CI T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 14, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Downtown Event Center& Park Project. RECOMMENDATION Administration recommends Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Downtown Event Center and Park Project. BACKGROUND The Downtown Event Center and Park Project includes the construction of an approximate two- acre lake immediately adjacent to the proposed Event Center. Drainage District No. 6 has agreed to assist in the clearing and grubbing of the project site, remove stumps, install all pipes and culverts, excavate the lake and relocate all spoil material to the park site. The City will be responsible for preparing the engineering plans and specifications, providing the necessary pipe and culverts, obtaining necessary permits, perform tree removal and relocating utilities. In exchange for Drainage District No. 6 services, the City will provide, by easement, a portion of Lefler Park, currently designated as a picnic area in the master plan, for a detention facility and outfall ditches. Additionally, the City will convey a drainage easement to the District for the existing drainage ditch located within the Dowlen Road Extension right-of-way. The conveyance of this easement will include that future maintenance of the ditch will be the responsibility of the District. Upon completion of all the drainage work, the detention facility will be available as a picnic area. A copy of the agreement, in substantial form, is enclosed. BUDGETARY IMPACT Funds for the project are available in the Capital Program. Phase One Plar? The Commons Beaumont Texas r• ' zvti:� - _ — A-Z�s `R ✓ _: , . g_ J 4 - pp Great Lawn Magnolia Street Extension Legacy Club Legacy Park and take Rebuild Crockett street and related (Laure(to Fannin) Construct the Legacy Club as within boundaries of existing prop- utilities to City standard from MLK to Acquire Right of Way,,construct the envisioned,19,655 sf plus mechanical erty a 1.8 acre lake is created along Neches. Construct head-in parking master plan envisioned street,extend mezzanine.Includes operable parts- with aeration for water quality,the and the DG promenade flanking the utilities through the street,bury elects- tions,covered porches,stage,barn super steps at the Legaw Club porch. Great Lawn along Crockett Street. cat and data service,construct parallel doors,geothermal HVAC,solar power a decomposed granite walk along the Add the Crockett Parking Lot(198 parking,sidewalks,street trees,street collection,LEED Platinum Certtfica- park's north side and portion of the spaces)and the Sante Fe Parking Lo.' lights and special paving at Legacy Club tion,stucco,R-30 insulation and permanent take promenade on the (56 spaces). Build the permanent and Bonham!Crockett intersections. related site development. lake's easc side with associated trees, Great Lawn including grass,irrigation planting,benches and lighting.The and drainage. Plant small Live Oaks to Cypress grove is also started. begin the Great Lawn Live Oak Altee . t PARKING j jj GROUP PICNIC AREA Q 0 cc I NATURAL AREA TO B� PRESERVED ' 1 Y je \ , TENNIS 0 I / AY LV. \ i;flURTS I cc /5H L \ aI R ROI#N \ �� OPEN SPACE `— V .DIN _ 00 L / PARK BUFFER I I PARKING / EC. NT • \ TRAIL RESTROOM i TRAIL SYSTEM SYSTEM ASKETBALL ,' \ COURT PEDESTRIAN BRIDGE GROUP FUTURE / PICNIC AREA POOL I \ SITE MULTI—PURPOSE I OPEN\ I - I SPACE t: SCALE \ SPORTS FIELDS us ©� I INDIVIDUAL PICNIC AREA Zpo• aoo• soo•a `\ PARKING PARK t BUFFER - - — — nn North DRAINAGE EASEMENT CONCEPTUAL MASTER PLAN Lefler Perk Prepared by the Planning Division, City of Beaumont, Texas April 1990 1 12 3{ARD MK 28 TR 2 37 36 35 34 33 32 31 30 29 1R 1 1 40 7R 1 2 1 3 .) 11 137 138 2 WE LANE 12 3 2 13 12 11 10 9 8 7 B 5 4 1 1 2 3 3 6 7 t3 WYERS LASE 11 la 9 a 7 6 5 4 3 2 1 LRIOA RA+vE � 14 2 N 15 i4 13 12 11 10 9 e 1 ' 58y 15 2 4 5 B 7 8 9 2 ORNE 3 19 t8 17 Gdy Bea 1 3 25 24 23 22 21 20 D.R. 0. 2 9. 24 1 15 14 13 12 11 2 135 ,L+ 3 4 8 7 8 S �9 1 7 TR D 2 5 18 134 3 City Be ant 4 D.R. .C. V 240 . Pg. 226 5 0 1 2. L 1R 4 caw DRNE 2 1 City of Beaumont FF 103-47-1035 4.176 Acres Tract C Q City of Beaumont 127 ry of Beau t FF 103-47-1035 103-47-1 9.926 Acres City of Beaumont t9 zD 3.116 Ac Tract B f FF 103-47-1035 Tract A D.R.J.0 V 11 3.000 Acres Tract 1 — Tract 1 127 ROSE LANE 125 c 1 1 City of Beaum City of Beaumont 12 2 F 9639135 12.326 Acres FF 105-17-2489 3.36 Acres 4.$18 Acres t1 City of Beaumont Vol. 2351. Pg. 113 726 0.797 Acres 10 10.01 Acres Tract 3, Park Site City of Beaumont FF 103-47-1035 3 4 7.537 Acres 2 Tract E 126 A UAWAW LANE 130 0.909 Acres LOT A r o ® � L z 1 ® ® ARK LOT 8 1299 3 4 t z 3 6 7 9 , 1 12 to A —� in JEFFERSON COUNTY DRAINAGE DISTRICT No. 6 CITY OF BEAUMONT R.O.W. EXHIBIT i RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Downtown Event Center and Lake Park Project. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - i INTERLOCAL AGREEMENT AMENDMENT STATE OF TEXAS COUNTY OF JEFFERSON This agreement is made by and between the City of Beaumont, a home rule City of the State of Texas (hereinafter called "City") and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "District") under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The City and the District agree as follows: WITNESSETH 1. The City and the District have agreed to construct the Downtown Event Center Lake and have further agreed to share the workload of this project on the following basis: 2. The District agrees to furnish labor and equipment to grub trees and brush from the area determined by the City of Beaumont to be the Downtown Event Center Lake. 3. The District agrees to furnish labor and equipment to remove stumps from the area and load such on City's trucks. 4. The District agrees to excavate the lake to the City's design. 5. The District agrees to make a "one call" due to the fact that the Drainage District No. 6 will be doing the excavation work 6. The District agrees to furnish 2 each 40 ton articulating off-road trucks and labor to relocate fill to adjacent designated area. 7. The District agrees to install all pipes and culverts with the City providing said pipes, culverts and, and backfill materials. 8. The City will be responsible for preparation of engineering plans and specifications for the project. EXHIBIT "A" 9. The City will be responsible for any necessary permitting and pub_lished notifications of road closures and traffic detours. 10. The City will be responsible for providing labor and equipment necessary to cut down trees from the project area. 11. The City will be responsible for providing labor and trucks to haul all brush offsite. 12. The City will be responsible for relocating all utilities. 13. The City will be responsible for furnishing any pipe and culverts necessary for this project and will be responsible for furnishing all backfill material to cover installed pipes and culverts. 14. In exchange for the excavation of the Downtown Event Center Lake, the City agrees to grant an easement of approximately 6.39 acres to the District for Ditch 900,which the District has been maintaining. The City agrees to grant an easement of approximately 17.7 acres from the land donated by M.L. Lefler, in connection with the Woodland Acres Detention Project, to help relieve flooding in the Woodland Oaks, Woodland Acres, and Woodland Estates subdivisions. Executed this day of ) 2009. ATTEST: CITY OF BEAUMONT By: By: City Clerk City Manager ATTEST: Jefferson County Drainage District No. 6 By: By: Vice President/Secretary President B RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 14, 2009 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property for the Downtown Event Center and Park Project. RECOMMENDATION The Administration recommends approval. BACKGROUND Owners of the property listed below, have agreed to convey to the City, property for a connecting road to the Event Center: City Plat E, Tract 47, Noah Tevis Survey Value: $54,000.00 Owners: Tideland Specialty, Ltd. BUDGETARY IMPACT Funds are available in the Capital Program. engtideland-ib.wpd 7 July 2009 33 f T 7`- P RT E C H '7ierosgWMV the taO"wks or the Rase.... h0 am i8-not towalrb M"- LAND SURVEYORS, INC. Rleftrd L.Worfhey,FWLS J.L.Sims,.k.,APLS EXHIBIT"A" January 6,2009 Revised April 27,2009 I Surveyor's Field Note Description:PARCEL E I BEING a 0.456 acre tract of land out of and a part of-that certain Tideland Specialty,Ltd.called 11.4488 acre tract of land,more fully described and recorders in Clerks File No.200'2046131 of the Official Public Records of Jefferson County,'Texas.Said 0.456 acre tract of land being i situated in the Noah Tevis League,Abstract No.52,Jefferson County,Texas and being more I particularly described as follows: I COMMENCING at a 1/2 inch iron rod found at an Ell corner of said 11.4,188 acre tract,saute � being the Southwest corner of that certain TARM Properties,L.L.C.called 1.210 acre tract of land,more fully described as Tract 2 recorded in Clerks File No.2065038589 of said Official Public Records; i Thence North 69 deg.07 min.36 see.East along and with the most Southerly North line of said 11.4488 acre tract,same being the South line of said 1.210 acre tract a distance of 316.72 feet to a 5!8 inch iron rod Mth cap stamped"WORTECH SURVEYORS"set at the Northwest corner and PLACE OF BEGIiNNING of the tract of land herein described; THENCE North 69 deg.07 min.36 sec.East continuing along and with the most Southerly North line of said 11.4498 acre tract,,same being the South line of said 1.210 acre tract,at a distance of 21.45 feet pass a 112 inch iron rod found at the Southeast corner of said 1.210 acre 1 tract,same being the Southwest corner of that certain TARM Properties,L.L.C.tract of land, { more fully described as Tract 1 recorded in said Clerks File loo.2005038589 and continue on a total distance of 80.98 feet to a 5,18 inch iron rod with cap stamped"WORTECH SURVEYORS" j set for corner, THENCE in a Southerly direction along and with anon-tangent curve to the let,having a delta i angle of 4.1 deg. 18 inin.54 sec.,a radius of 385.00 feet,a long chord that bears South 08 deg.26 min.32 see.East,a distance of 271.64 feet and an arc length of 277.62 feet to a 5I8 inch iron rod with cap stamped"WORTECH SURVEYORS"set for comer in the South line of said 1 1.4488 acre tract,same being the North line of that certain City of Beaumont tract of land,more fully described and recorded in Clerks File No.2008007014 of said Official Public Records: THENCE South 55 deg.24 rein. 19 sec.West along and with the South line of said 11.4488 acre tract,same being the North line of said City of Beaumont tract,a distance of 70.27 feet w a 5,`8 inch iron rod with cap stamped"WORTECH SURVEYORS"set for comer; i i 1480 Ct rrwi stone Covrt Beaumont,Tens 77706 Tel: 409-.866.1769 Fax:449.866.7-075 raww_uvartectr.c6m•'` 34 z. , RTECH January evisedA, ill LAND SURV€.YOkS. INC. Revised April 27,2009 Page 2 THENCE in a Northerly direction along and with a non-tangent curve to the right,having a delta angle of 36 deg.35 min. 11 Sec.,a radius of 455.00 feet,a long chord that bears North I l deg.39 min, 14 sec.Kest,a distance of 285.63 feet and an arc length of 290.54 feet to the PLACE OF BEG[NNT4G,containing 0.451 acre of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on December 19,2046 and Is being submitted along with a survew plat l rhtbit "B''shovving the property andfacts found as described herein.All beatings are based upon the Texas State Plane Coordinate System,La.mbert Projection.Morth American Datum of 1983(X4D83),South Central Zone 'L:S:Survev foot', 411 distances and acreages are Sur-face) '00P 004 t3f I r dt sterol Profess' ' al Land Surveyor Revised Parcet E 35 ExHmrr a iv Pi1R CEL ow�lEx Tiaet®d'7i*fty.r ra. PROP 0 T�+,jCI d'0.456'ACItE RENIAINOEFU 10.9928 ACRES(calculated) yt TARMPROPER716S.Lt Q 20 lift 420 1 i 0•a.. Cterla (.-No, 4]8080308ag EGAL&1'y8(1' . .•X�'1♦Yr; '' O.P.FtJ.C. VICIIi 8 P JI L ROt9 TAW PROP8RTIL�9.LLC. 12"Acre Tmd Z�eW Cfm,RneNa 2taases ��` O.P.R1G g69 10ELANO SpRcts' y'LTD. 11.4416 A.wThiat ri..Aft Fl.No.20bt Wll ".P.Jc FM 1I2' t����ulrw�' C(7RV 8'f7:ciTA. 1.ROD $-385.011' CURVE bATA A 277AT 4-36°3'5,11" B-S08e26 32"E R-455,w C-7i.isw a-N11'914"W C-285.63' rOELANDSPWI ALTY,LID. f tt:aslaAdeTraU CMrlfs FAe Nn:T0a2WpiJt 1 JffFERagn COUNtt �� y DRAINAGE DISTRICT 0 na'UNDERGROUND DRAINAGE EASMWENT VOLUME 1381,PA l6 1 � o�',�t 400 V ).cam -NUscellarteous Notes f. Ad'bearbiga we twsed on the Tons Sleie Plants Coordnate System \` //�F106d 20718 it1(OI't11aY1W1 Lambert PM*ft,North American Delum of 1988:(NAM),Sou& i• f AowrdkV to Map Nm 4854'7D=C,of 11m F�£meagam? Comical Zone N.S,.Sunray Foof).�At dlttenosaead acroaga are Surf a / Nlena8-maht Agw-/*FkW hWxeneslgti Mop fw bftrabn County,dated August Q 2WZ 8ratawk*0 berg is Woo vra*L 2..SIT I=Rods Yd caps stsmped'WORTECH SURVEYOR8"sol al as (Unshaded)Lone%-Areas dMantdfMd to bedutstde 8p0-Year homers merkndl/uadeES otnetwW wted rtcodplaim Loeatlon of Me s0*0 tradon sent mom were I This wmm Ip a bur dmy sumyoety,snd w"pmpread vdlhdot.pm WORTEC by stxde w aaue6 fleitl akvatlons,rptdaoeFmitwd. bare*of a+xrrrenl CommAment for 11%Insurance,Conabwom Plans, the n Troll Lard"of Sam nua.Ca6shoi warnnttua simscrgra to of AbabwWs Colliaoe and twelora saaemenf-.pptallnes,ubTilbs,or ' wselect sak nwpe.. mwurNaenas nuyexistvmich are mitsho'm heieotu No subsurface �gESpreYlatl9:tt& proEN9,expvadon w exploraloh.was performed for this sV+Wy nor was tt any reaearbh of Inc Public Records of Jelfemoncour4 regarding these FNO Found O.P,RJ.C, awarnents..um"We'PIP a w-nwmWencae Pmbm@ed byWORTECH jeaw RuMt Records Land Sup eyors;Ito.-The Ioaflanof eil Pro— utgg(eY arW e-samema F.G. Fgrn Coils Jellwaon..Cwarly (if any)Mown hereon are Eased upon aahrel fold foosgpn as wldencad t.ROO bon Rod MO.W. Right-0-way llom visible P011010 mattke)s,phytiW fWUnW,and/orw ftlbn No. Number NITS. Notto Sale descriptions at rM pAyeMA roeaporrs es recorded In docomonls MI'd in D.RJ.C. Geed RecardsoF M.RJ.Q Mop Records at a Is County CfarkROCwdrwldnh ware prevMer[lo lha survs7lor by aIIIws; Jefferson Courtly Jefferson eoumy JOS NO: 2006061-02,mw wo: aa,imN-ffik022 SURVEYOR'S ceRTII+IEATION DR.SY: I i .� Oi y- The undwslaned does hereEy earlifir OW oft survey pM Iucuralnly DATE R.~04-2748 .s r 4qr;•{T I'MmanN an=rite grWla{survey made Vetlw my eNeG4auWry j SCALE i'>ao' a d,.. on December 16,20086 aid Is being submihudxbft%Oh the kL.4N9 Nt. hswp,-FkWNolsdeserip0oounty.9Al of fftapmpstiyahown �7J��/`'j3Y�'�yl�.,j\.■l h°re°n.'"hkn ties in Jea'ecwn County.7axsa. C 0x4 a}'7,r ReHad Aprg.27.200s. LAND SURVEYORS, INC. � SU<<y�y 1480 Cwnorstonc Court 8eaument.'rexa8 77706 Tot: 909:866.9769 tersooraaretrrvoyvtuul Fav:409.465. 71175 varlKtEroNxrggrc SfirLJAa @ U Y wtvW.vrnttich71,7 9gNATUIEar.Ee4JI•^.PA7-?Yepi 36 Sublec# r r PLAT MAY, RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property as shown below for the Downtown Event Center and Lake Park: City Plat E, Tract 47, Noah Tevis Survey Value: $54,000.00 Owners: Tideland Specialty, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the above-described property be, and the same is hereby, approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - c RICH WITH OPPORTUNITY r T • E . x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Claudie D. Hawkins, Director of Event Facilities& Libraries MEETING DATE: July 14, 2009 REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute an agreement with BMI for the payment of licensing fees RECOMMENDATION The Administration recommends approval. BACKGROUND The City plays music at various facilities, including the Julie Rogers Theatre, Jefferson Theatre, and Beaumont Civic Center, for which BMI holds the copyrights. The City has reached an agreement with BMI to pay for a Music Performance License, beginning in 2009. The amount of the license is $877.50 per year, and this license includes ALL City facilities. BUDGETARY IMPACT Funds are available in the Event Facilities Budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one (1) year performance license agreement with BMI for the payment of licensing fees for music to which BMI holds the copyrights. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - RMI® Music LGE Performance LOCAL GOVERNMENTAL LI.o /11-LGE Agreement ENTITIES 1. DEFINITIONS (a) LICENSEE shall include the named entity and any of its constituent bodies,departments,agencies or leagues. (b) Premises means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks,swimming pools, and skating rinks owned and/or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to(1)compact disc, audio record or audio tape players(but not including jukeboxes"); (2) videotape,videodisc or DVD players,(3)music performed as an accompaniment to karsoke;(4)the reception and communication at the premises of radio or television transmissions which originate outside the Premises, and which are not exempt under the Copyright Law;or(5)a music-on-hold telephone system operated by LICENSEE at the Premises. (d) Live Entertainment means music that is performed at the Premises by musicians,singers and/or other performers. (e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI- affiliated foreign performing rights societies, including compositions written or published during the Term of this Agreement and of which BMI has the right to license non-dramatic public performances. (f) Events and Functions means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in Paragraph 2(d) below,"Events"and"Functions"shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of, or sponsored or promoted by, LICENSEE on the Premises. (g) Special Events means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Event exceeds$25,000. 2. BMI GRANT (a) BMI grants and LICENSEE accepts a non-exclusive license to perform, present or cause the live and/or recorded public performance on the "Premises"and at"Events" and "Functions", and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the"BMI Repertoire". The performances licensed under this Agreement may be by means of "Live Entertainment"or"Recorded Music": (b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in BMI's Repertoire to persons outside of the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music (such as Muzak)or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by means of teleconferencing,videoconferencing or similar technology. (c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this Agreement, a dramatic performance shall include, but not be limited to, the following: (1) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety; (2) performance of one or more musical compositions from a "dramatico-musical work" (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (3) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; and (4) performance of a concert version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in the Agreement,shall include, but not be limited to,a musical comedy,opera, play with music, revue,or ballet. (d) This license does not authorize performances: (1) at any convention, exposition, trade show, conference, congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE's Premises,and is not open to the general public; (2)by or at colleges and universities; (3)at any professional sports events or game played on the Premises; (4)at any permanently situated theme or amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin operated jukebox. 3. REVIEW OF STATEMENTS AND/OR ACCOUNTINGS (a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee. (b) BMI shall have the right, by its authorized representatives, at any time during customary business hours, to examine the books and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall consider all data and information coming to its attention as a result of any such examination of books and records as completely confidential. (c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population figures provided by the U.S. Census Department. EXHIBIT "A" Page 1 of 4 4. LATE PAYMENT AND SERVICE CHARGES appointed, they shall appoint a third arbitrator. If ten (10) days BMI may impose a late payment charge of one and one-half elapse after the appointment of the second arbitrator and the percent (1Y2%) per month, or the maximum rate permitted by two arbitrators are unable to agree upon a third arbitrator, then law, whichever is less, from the date payment is due on any either party may, in writing, request the American Arbitration payment that is received by BMI more than thirty(30) days after Association to appoint the third arbitrator. The award made in the due date. BMI may impose a $25.00 service charge for the arbitration shall be binding and conclusive on the parties and each unpaid check,draft or other means of payment LICENSEE judgment may be, but not need be, entered in any court having submits to BMI. jurisdiction. Such award shall include the fixing of the costs, expenses, and attorneys' fees of arbitration, which shall be 5. BMI COMMITMENT TO CUSTOMER/INDEMNITY bome by the unsuccessful party. So long as LICENSEE is not in default or breach of this Agreement, BMI agrees to indemnify, save harmless, and 10. NOTICES defend LICENSEE and its officers, and employees, from and Any notice under this Agreement will be in writing and deemed against any and all claims, demands, or suits that may be made given upon mailing when sent by ordinary first-class U.S. mail to or brought against them with respect to the performance of any the party intended, at its mailing address stated, or any other musical works which is licensed under this Agreement at the address which either party may designate. Any such notice sent time of performance. LICENSEE agrees to give BMI immediate to BMI shall be to the attention of the Vice President, General notice of any such claim, demand, or suit, to deliver to BMI any Licensing Department at 10 Music Square East, Nashville, TN papers pertaining thereto, and to cooperate with BMI with 37203. Any such notice sent to LICENSEE shall be to the respect thereto,and BMI shall have full charge of the defense of attention of the person signing the Agreement on LICENSEE's any such claim, demand,or suit. behalf or such person as LICENSEE may advise BMI in writing. 6. BREACH OR DEFAULT/WAIVER 11. MISCELLANEOUS Upon any breach or default of the terms and conditions The fact that any provisions are found by a court of competent contained herein, BMI shall have the right to cancel this jurisdiction to be void or unenforceable will not affect the validity Agreement if such breach or default continues for thirty (30) or enforceability of any other provisions. This Agreement days after LICENSEE's receipt of written notice thereof. The constitutes the entire understanding between the parties and right to cancel granted to BMI shall be in addition to any and all cannot be waived or added to or modified orally and no waiver, other remedies which BMI may have. No waiver by BMI of full addition and modification shall be valid unless in writing and performance of this Agreement by LICENSEE in any one or signed by both parties. more instances shall be deemed a waiver of the right to require full and complete performance of this Agreement thereafter or of 12. FEES the right to cancel this Agreement with the terms of this (a) In consideration of the license granted herein, LICENSEE Paragraph. agrees to pay BMI a license fee which includes the total of the"Base License Fee"and any applicable "Special Events 7. CANCELLATION OF ENTIRE CATEGORY License Fees", all of which shall be calculated in BMI shall have the right to cancel the Agreement along with the accordance with the Rate Schedule on Page 3. For simultaneous cancellation of the Agreements of all other. purposes of this Agreement, licensees of the same class and category as LICENSEE, as of (i) "Base License Fee" means the annual fee due in the end of any month during the Term, upon sixty (60) days accordance with Schedule A of the Rate Schedule advance written notice. and based on LICENSEE's population as established in the most recent published U.S. Census data. It 8. ASSIGNMENT does not include any fees due for Special Events. This license is not assignable or transferable by operation of law (ii) "Special Events License Fees" means the amount due or otherwise. This license does not authorize LICENSEE to in accordance with Schedule B of the Rate Schedule grant to others any right to perform publicly in any manner any of when Special Events are presented by or on behalf of the musical compositions licensed under this Agreement, nor LICENSEE. It does not include any Base License does it authorize any public performances at any of the Fee due. Premises in any manner except as expressly herein provided. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations 9. ARBITRATION of municipal and/or county attorneys shall be required All disputes of any kind, nature, or description arising in to pay only the fee under the Schedule C of the Rate connection with the terms and conditions of this Agreement, Schedule. Such leagues or associations are not except for matters within the jurisdiction of the BMI Rate Court, subject to Schedule A or Schedule B of the Rate shall be submitted to the American Arbitration Association in the Schedule. Fees paid by such leagues or City, County, and State of New York, for arbitration under its associations do not cover performances of the then prevailing arbitration rules. The arbitrator(s)to be selected municipality, county, or other local government entity as follows: Each of the parties shall, by written notice to the represented by the league or association. Schedule other, have the right to appoint one arbitrator. If, within ten(10) C fees are not applicable to municipal, county or days following the giving of such notice by one party, the other other government entities. shall not, by written notice, appoint another arbitrator, the first arbitrator shall be the sole arbitrator. If two arbitrators are so Page 2 of 4 (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and BMI account number of the other person(s)or entity(ies)and the party responsible for payment for such Special Event. If the other party is not licensed by BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to BMI, where available, copies of all programs of musical works performed,which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. 14. RATE ADJUSTMENTS/LICENSE FEE FOR YEAR 2010 AND THEREAFTER For each calendar year commencing 2010,all dollar figures set forth in Schedules A, B and C(except the$500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index—All Urban Consumers (CPI-U)) between the preceding October and the next preceding October, rounded to the nearest dollar. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by BMI. 15. TERM OF AGREEMENT June 1,2009 This Agreement shall be for an initial Terre of one(1)year,commencing ,which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one (1) year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the Agreement shall terminate on the last day of the Term in which notice is given. AGREEMENT AGREEMENT,made at New York,N.Y,on(Date will be entered by BMI upon execution) between BROADCAST MUSIC,INC., a State of New York corporation with Its principal offices at 320 West 571h Street,New York,N.Y. 10019(hereinafter'BMI')and the legal or trade name described below and referred to thereafter as'LICENSEE"(the"Agreement"). This Agreement includes all of the terns and conditions set forth herein. PLEASE RETURN THIS ENTIRE SIGNED LICENSE AGREEMENT TO: BMI,10 MUSIC SQUARE EAST,NASHVILLE,TN 37203 ENTER LEGAL NAME: LICENSED PREMISES (All locations authorized by the LICENSEE) (Name of Corporation,Partrtership,or individual Owner) (Street Address) ENTER TRADE NAME: (city) (state) (Zip) Beaumont City (Doing business under the name of) (relephone No.) (Fax Number) (Contact Name) (Tide) CHECK APPROPRIATE BOX AND COMPLETE MAILING ADDRESS (if different from Licensed Premises address) ❑ Individual Ownership (Street Address) ❑ LLC ❑ Corporation (State of Incorporation,it different from Licensed Premises) (City) (State) (zip) ❑ LLP ❑ Partnership (Enter names of pamers) (Felephone No.) (Fax Number) ❑ Other luniaipalitu (Contact Name) (role) Fed.Tax ID# TO BE COMPLETED BY AN AUTHORIZED FOR ADMINISTRATIVE USE ONLY REPRESENTATIVE OF LICENSEE TO BE COMPLETED BY BMI BROADCAST MUSIC, INC. Signature Print Name/Title FOR BMI USE ONLY 1111111®IIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1872117 Account No. COID ®BMI and the Musicu8tand symbol are registered trademarks of Broadcast Music,Inc. Page 4 of 4 2009 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE A Check Population LICENSEE's Population Base License Fee Enter Fee Based Upon Range(4) Population 1 - 50,000 0 50,001 - 75,000 608 75,001 - 100,000 731 100,001 - 125,000 975 125,001 - 150,000 $1,219 150,001 - 200,000 $1,584 200,001 - 250,000 $1,949 250,001 - 300,000 $2,317 300,001 - 350,000 $2,682 350,001 - 400,000 $3,049 400,001 - 450,000 $3,414 450,001 - 500,000 $3,780 Ej 500,001 - plus $5,133rplus$500 for every 100,000 population increment or portion thereof lttluuttUtiu..... ,0111uo ! ,u iPopt Rt above 500,000�up to a maximum _UUUUy`L1UUL1 annual fee of$60,950 SCHEDULE A FEE SCHEDULE B Special Events Fee (to be reported 90 days after each event*,see Par. 13(d)) The rate for Special Events shall be I%of Gross Revenue. ■ "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Events exceeds$25,000. ■ "Gross Revenue"means all monies received by LICENSEE or on LICENSEE's behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets,"Gross Revenue"shall mean contributions from the sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE B FEE BMI will provide a report form to report your events* SCHEDULE C State Municipal and/or County Leagues.or State Associations of Attorneys (to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys) The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues,or state associations of municipal and/or county attorneys shall be$305.00. No Special Events fee applies to LICENSEES qualifying under this schedule. SCHEDULE C FEE 13. REPORTING (a) Upon the execution of this Agreement, LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement;and (ii) a report containing the information set forth in Paragraph 13(d)below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety(90)days after the conclusion of each Special Event, LICENSEE shall submit to BMI payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s)appearing; (iii) the"Gross Revenue"of the event(as defined above); (iv) the license fee due for each Special Event. Date: June 11,2009 1872117 Page 3 of 4 D r C . T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 14, 2009 REQUESTED ACTION: Council consider the award of a contract for concrete raising and rehabilitation services. RECOMMENDATION The Administration recommends award of an annual contract for concrete raising and rehabilitation services to Concrete Raising Corporation of Houston, Texas for an estimated annual expenditure of$25,000. BACKGROUND Bids were solicited from four (4) vendors. One (1) bid was received as indicated below. That vendor is the current holder of this contract. The awarded contractor shall provide street and sidewalk repair by injecting a cementitious slurry material under collapsed surfaces, thereby raising the level of the concrete and filling voids beneath the depressed concrete. The process will allow a precise and controlled lifting of the concrete slab to within 1/4" of the original grade. The contractor shall be responsible for providing appropriate traffic control such as barricades, warning signs, cones and such safety devices necessary to conform to the Texas Manual on Uniform Traffic Control Devices. Concrete Raising Corporation presented the sole bid: Description Price Lifting and Stabilizing Concrete Street Pavement, up to 6.00" lift $19.85 / linear foot Lifting and Stabilizing Concrete Street Pavement, 6.01" to 9.00" lift $20.85 / linear foot Lifting and Stabilizing Concrete Sidewalk, up to 6.00" lift $3.05/ square foot Lifting and Stabilizing Concrete Sidewalk, 6.01" to 9.00" lift $3.21/ square foot BUDGETARYIMPACT Funds are available for this expenditure in the Streets and Drainage Division's operating budget. RESOLUTION NO. WHEREAS, bids were received for an annual contract for concrete raising and rehabilitation services for the Streets and Drainage Division; and, WHEREAS, Concrete Raising Corporation, Houston,Texas, submitted the sole bid with an estimated annual expenditure of$25,000 in the unit costs shown below: Description Price Lifting and Stabilizing Concrete Street Pavement, up to 6.00" lift $19.85 / linear foot Lifting and Stabilizing Concrete Street Pavement, 6.01" to 9.00" lift $20.85/ linear foot Lifting and Stabilizing Concrete Sidewalk, up to 6.00" lift $3.05/square foot Lifting and Stabilizing Concrete Sidewalk, 6.01" to 9.00" lift $3.21/square foot and, WHEREAS, City Council is of the opinion that the bid submitted by Concrete Raising Corporation, Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Concrete Raising Corporation, Houston, Texas, for an annual contract for concrete raising and rehabilitation services for the Streets and Drainage Division with an estimated annual expenditure of$25,000, in unit costs shown above, be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - E RICH WITH OPPORTUNITY [11'CA, � T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 14, 2009 REQUESTED ACTION: Council consider authorizing the granting of two (2) Pipeline License Agreements to cross city right-of-way. RECOMMENDATION The Administration recommends authorization to grant two (2) Pipeline License Agreements to cross city rights-of-way. BACKGROUND The owners below, through their agent Morris P. Hebert, Inc., have requested permission to install three (3) pipelines across city rights-of-way outside the city limits. The pipelines are for the purpose of transporting oil, gas, water or their refined products and will be constructed in accordance with City requirements. 1. HSC Pipeline Partnership, LLC 6" and 12" uncased pipelines 2. TE Products Pipeline Co., LLC 20" uncased pipeline BUDGETARYIMPACT There is a one-time fee of$500 for each Pipeline License Agreement. Because the city has only a right-of-way interest and the pipelines have purchased rights-of-way from the private landowners, there are no annual fees per linear foot. enghsc_te-ib 30 June 2009 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 grant Pipeline License Agreements to HSC Pipeline Partnership, L.L.C, and TE Products Pipeline Co., L.L.C, through their agent, Morris P. Hebert, Inc.,to install three(3)pipelines across City rights-of- way outside the city limits for the purpose of transporting oil, gas, water or their refined products. The Agreements are substantially in the form attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor'Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § j COUNTY OF JEFFERSON Business Name:R;n Rjtpj6n;PiPart*n-ship-TTr Business Phone:1 1713 gn3-256 Business Address: C/0 Paul Lair:P.O.Box4324:Houston,TX.77210-4324 The City of Beaumont,hereinafter called"City",for and in consideration of the sum specified herein $500.00 hereby grants to HSC Pipeline Partnership, LLC hereinafter called"Licensee",the license i to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,water, I' or NGL_ products,on or across the following City easement and/or property situated outside the City of Beaumont,Jefferson County,Texas,but being within our Extra-Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity(CCN) and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length(Linear Foot)of Crossing i WestPortArthurRoad East Approx. 192' 16"PVC inP(30'pow) HahPrt Rnarl North Appr-o.Y..-1.5.6' 1 Fi"anri_1 "L,7atg_i_na(' n ROW) i 1 EXHIBIT "A" I COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: • License Agreement fee-$500.00 • Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31,2011 and shall be reset every ten(10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees,including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). i GENERAL CONDITIONS: I • Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City;however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. i • All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits,the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. • The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. i • The pipeline shall be installed a minimum of three(3)feet below ground and a minimum of five(5)feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline(see page 3). I i 2 I I The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines,waterlines,or other utilities. I Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it,existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. • Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. • Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary sewer lines,water lines or other easement features as a result of this installation will be borne by the owner of this line. I o Any construction which takes place in,on,under,above,or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. h • Any licenses,permits or agreements required by another governmental entity (County, State or Federal)to adjoining property shall be obtained and a copy of such document shall be provided to the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications,evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. I 3 I I • The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. • The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. j • Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: o Licensee shall fiunish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident 0 Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. i Such certificate shall contain a provision that at least fifteen(15)days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled,altered,or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction,maintenance,operation,repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. 4 I i o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. i OTHER CONSTRUCTION/MAINTEN,ANCE WITHIN PROPERTY: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the property involved with this license. Notification,to Licensee,of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight(48)hours after receipt of such notification of proposed construction. Licensee shall maintain a local,or toll free,telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee,through the phone number provided, such contact shall constitute notification for Licensee to provide j location of its lines. Failure,by Licensee,to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. i 5 o Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will,upon notice from the City,make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. I NOTIFICATIONANSPECTION: • Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. • Licensee shall provide the City(Water Utilities Department)forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. f o Licensee shall notify the Water Utilities Department at least forty-eight(48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. i I t 6 I SPECIAL CONDITIONS: Nonassi ig�able This license is personal to the Licensee. It is nonassignable and any attempt to assign this j license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of,and the reason for,termination. Such notice shall be given not less than thirty(30)days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail,postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of LicenseeiISC Pipeline Partnership,LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee:P.0.Box 4324 Attn: City Manager City and State of Licensee:Houston, TX. 77210-4324 I Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. I 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont,Texas,has caused these presents j to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk � APPLICANT'S COMPANY NAME: (Licensee) 1 �5C milli �a ESL LC Repres nted b : K �v4c)c5tGr Title ATTEST: By: Secretary I CAdiane wpdocs\wpdocs\diane\Pipeline\utility_crossing agreement-revised.wpd 12-04-2008 8 k I� WATERLINES SkE.I`O S6WNONf,TONS >v � rro v'r�gnLO _. M 77' 0__ i- , -_k PROFILE "D" PROFILE "C" NOR2ONOL SPITE:I-g' MOMMAL SANE 1'-120' vmmA SUL.1•-70' VDnMAL MAE:1•-JO' PROJECT CONSULTING SORVICESI\C. hvTES I.IGOOOf NO IIIR a YM1O!!O NE ARfYWM1(.11D NC WID (ew Mq�IIOIOIDMMflIYA� E/MX lMMET.IIf M OFlli'm N.YQgI[N OICCIAIYIL lYlL flM913 .>.am, ..e..,e� �• HSC V AND 12"NSA PN'nmrs ' WATERLM CROSSM AMMON COIM".TX � A APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LI IITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § I COUNTY OF JEFFERSON § Business Name:TE Products Pi=P1,� Co. ,1.LC ?Business Phone: 1 71-3-80-3-2556 Business Address:C/O Paul Lair;P.O.Box4324; Hous ton,TX. 77210-4324 The City of Beaumont,hereinafter called"City",for and in consideration of the sum specified herein $500.00 hereby grants to T E Products Pipeline Company, LLC hereinafter called"Licensee",the license to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,water, Or ra Fi nPH products,on or across the following City easement and/or property situated outside the City of Beaumont,Jefferson County,Texas,but being within our Extra-Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity(CCN) and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length(Linear Foot)of Crossing WactPnrtArthiirRnnd Fa.St A rnx. 192' 16" PVC' LinP(3n'ROW) East Approx�19TOf„WPARd. � �/FM3514 N_Ap=nx_12R'nf FM3511L 16 � PVC Line(30 ROW) E.Aprox.464”of:.WPARd CJPARdlFM3514 . N.Apbrox.448'of FM 3514 20"and 12" (30'ROW) i i EXHIBIT "B" i COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: • License Agreement fee- $500.00 • Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31,2011 and shall be reset every ten(10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees,including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). i GENERAL CONDITIONS: • Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. • All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits,the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. • The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. I • The pipeline shall be installed a minimum of three(3) feet below ground and a minimum of five(5)feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline(see page 3). I 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines,waterlines,or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. • Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary sewer lines,water lines or other easement features as a result of this installation will be borne by the owner of this line. • Any construction which takes place in,on,under,above,or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses,permits or agreements required by another governmental entity (County,State or Federal)to adjoining property shall be obtained and a copy of such document shall be provided to the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications,evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. 3 i • The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. • The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. • Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: 0 Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: 0 Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident i o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. i Such certificate shall contain a provision that at least fifteen(15)days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled,altered,or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction,maintenance,operation,repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. I I 4 o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: 0 City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the property involved with this license. Notification,to Licensee,of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight(48)hours after receipt of such notification of proposed construction. Licensee shall maintain a local,or toll free,telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number,will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure,by Licensee,to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to f be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 5 o Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto,such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will,upon notice from the City,make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATIONANSPECTION: • Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. • Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. • Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. i i i 6 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of,and the reason for, termination. Such notice shall be given not less than thirty(30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail,postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: TE Products Pipeline Company,I.LC i P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee:P.0.Box 4324 Attn: City Manager City and State of Licensee: Houston,IX.77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. I 7 i Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. i IN WITNESS WHEREOF, the City of Beaumont, Texas,has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Cleric APPLICANT'S COMPANY NAME: (Licensee) Re r sentq1z 1 Title ATTEST: By: llfll�l Secretary I I CAdiane wpdocs\wpdocs\diane\Pipeline\utility_crossing_agreement-revised.wpd 12-04-2008 8 I " 'A + •�.� jo- IJOOUD --; — - --a IV—7::-- -- ---- �. PROFILE "C" HORMWRN.SCALE:V-120' wtncv skE f 30' PROJR-T CONSULTING SUVICSW.. 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AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for Towing Services - Impounding of Uninsured Vehicles 2. Consider approving a contract for the construction of a dog park to be located at Ida Reed Park 3. Consider authorizing the City Manager to enter into contracts for the purchase of homes and the provision of relocation assistance for owners of houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program 4. Consider approving Change Order No. 2 for the Rolfe Christopher Pavement Improvement Project 5. Consider authorizing the City Manager to increase the Proposed Surface Water Treatment Plant Improvement Phase I Project for"extra work" 6. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI 7. Consider authorizing the award of contracts for Emergency Standby Products, Services and Debris Removal 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: Linda Thomas vs. the City of Beaumont Holiday Inn Midtown/U.S. Cheema, Inc. Beaumont Police Officers Association v. the City of Beaumont Erik Kvarme, et al v. City of Beaumont, et al 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 14, 2049 Consider approving a contract for Towing Services - Impounding of Uninsured Vehicles RICH WITH OPPORTUNITY I T - E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 14, 2009 REQUESTED ACTION: Council consider authorizing the award of a contract for Towing Services - Impounding of Uninsured Vehicles. RECOMMENDATION The Administration recommends the award of a contract to TNT Wrecker Service of Beaumont, Texas. BACKGROUND On May 19, 2009, Council approved amending Section 26-41 of the Code of Ordinances to allow for towing and impounding of vehicles that are not insured or otherwise covered for financial responsibility in accordance with state law. The amendment is effective July 15, 2009. To effectively implement the program, it was determined that the City would enter into a management agreement with a local towing company whereby the towing company would be notified by Police Officers when it was determined that a vehicle was to be towed due to lack of insurance. The towing company would be responsible for towing the vehicle, storing the vehicle, collecting related fees, releasing the vehicle once the owner had proof of financial responsibility, and submitting a monthly report required by the City for monitoring the program. Request for Proposals were solicited from fourteen (14) vendors for towing services for impounding of uninsured vehicles and three (3) responses were received. Vendors were requested to provide information on their experience with similar contracts, equipment, personnel, data control software and the size of the auto storage facility. This information was evaluated by a panel of City employees. The evaluation is as follows: Towing Services for Police Department - Impounding of Vehicles July 14, 2009 Page 2 Criteria Maximum TNT Wrecker Spanky's Paynes Wrecker Points Service Wrecker Service Service Relevant Experience 30 26 19 23 Maintenance Program 5 4.33 3.33 3.33 Personnel 15 13 10.33 11 Equipment 15 13 11 11 Storage Facility 25 14 21 13 Data Control 5 4.67 4.33 3 Towing Charge 5 4 4 4 Total Points 100 79 72.99 68.33 It is estimated that 5,825 vehicles will be towed annually for no proof of financial responsibility. The towing charge will be the maximum allowed per Chapter 29, Article IV, Tow Trucks Towing Companies and Tow Operators, of the Code of Ordinances of the City of Beaumont. The current rate is $85. Although prisoner tows, estimated at 1,358 annually, were originally included in this request for proposal, they have since been removed and will continue to be assigned on a rotating basis. BUDGETARY IMPACT There is no cost to the City related to this contract. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with TNT Wrecker Service of Beaumont, Texas, for towing services/impounding of uninsured vehicles. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - 2 July 14, 2009 Consider approving a contract for the construction of a dog park to be located at Ida Reed Park RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 14, 2009 REQUESTED ACTION: Council consider authorizing the award of a contract for the construction of a dog park to be located at Ida Reed Park. RECOMMENDATION The administration recommends the award of a contract to U.S. Fence& Gate, Inc., of Orange, Texas, in the amount of$53,378. BACKGROUND The City's first dog park will be located on the north side of Ida Reed Park at 2348 Louisiana Street. The dog park will have an eight (8) foot vinyl-coated chain link fence surrounding it with an eight (8) foot aluminum ornamental fence running along the north side of the park or parallel to Interstate 10. The dog park will have two areas to separate large and small dogs. Staff has worked with the local Neighborhood Association and dog owners in the development of the park. Other improvements will include water stations and entry/exit transfer areas. The department is considering the use of alternate surfaces and wood chip mulch as a base to facilitate cleaning. The existing playground and a large play area will remain available to neighborhood children. Award of Contract for Dog Park Fence July 14, 2009 ` Page 2. Bids were requested from thirteen (13)vendors with seven (7) vendors responding with bids as follow: Vendor Bid Total U.S. Fence& Gate, Inc. $53,378.00 Brazos Fence Co. $55,645.00 National Fence Co. $66,740.00 A-1 American Fence, Inc. $67,209.00 Houston Fence Co. $69,466.00 Al Maida Fence $74,940.00 Barnett Fence Co. $101,735.00 BUAGETARY IMPACT Funds are available for this expenditure in the Capital Reserve Fund. BID TABULATION FOR: PURCHASE AND INSTALLATION OF CHAIN LINK&ORNAMENTAL FENCING AT IDA REED PARK CITY BID NUMBER: MFO609-57 BID OPENING DATE: THURSDAY, JUNE 25,2009 @ 2:00 P.M. VENDOR U.S. FENCE&GATE, INC ,j BRAZOS FENCE CO. Ii NATIONAL FENCE CO. A-1 AMERICAN FENCE, INCH CITY,STATE ORANGE,TX HOUSTON,TX ii HOUSTON, TEXAS ORANGE,TX FAX NUMBER 409.883.6808 713.856.7414 ! 281.590.5000 409.883.7832 CONTACT j DAVID R. HINDS SHERRY BARESCH _jL _ JOHN BURNS RICHARD HINDS j ITEM l CHAIN LINK&ORNAMENTAL FENCE i $53,378.00 $55,645.00 $66,740.00 $67,209.00 �ALT. A. CHAIN LINK ONLY i $48,528.00 $46,146.40J $54,176.00 $62,020.00 VENDOR II HOUSTON FENCE CO. !i Al MAIDA FENCE !! BARNETT FENCE CO. CITY,STATE STAFFORD,TX BEAUMONT,TX PORT NECHES,TX FAX NUMBER 713.554.4989 j 409.860.3841 409.727.1063 CONTACT JEREMY MEYER JASON WOOD MIKE BARNETT, JR. it ITEM CHAT LINK CHAIN &ORNAMENTAL FENCE $69,466.00 $74,940.00 $101,735.00 ALT. A. CHAIN LINK ONLY $59,968.00 $60,497.00 $79,776.00 RESOLUTION NO. WHEREAS, bids were solicited for a contract for the construction of a dog park to be located at Ida Reed Park; and, WHEREAS, U.S. Fence & Gate, Inc., of Orange, Texas, submitted a bid in the amount of$53,378; and, WHEREAS, City Council is of the opinion that the bid submitted by U.S. Fence & Gate, Inc., of Orange, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by U.S. Fence & Gate, Inc., of Orange, Texas, in the amount of $53,378 for a contract for the construction of a dog park to be located at Ida Reed Park be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - 3 July 14, 2009 Consider authorizing the City Manager to enter into contracts for the purchase of homes and the provision of relocation assistance for owners of houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program RICH WITH OPPORTUNITY BEAIIMON* T • E ,. x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: July 14, 2009 REQUESTED ACTION: Consider authorizing the City Manager to enter into contracts for the purchase of homes and the provision of relocation assistance for owners of houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program. RECOMMENDATION The Administration recommends approval. BACKGROUND: As a result of Hurricane Ike, some homes located within the floodplain, east of Pine Street, received flood damage. Because the City's floodplain land use ordinance requires that homes in the floodplain that are substantially damaged be elevated prior to repair, many residents have found elevating their homes and repairing them difficult if not impossible. In order to provide relief to the residents and avoid future repetitive flooding of these homes, the City applied for Hazard Mitigation funds to acquire and demolish these homes. The City was successfully awarded this grant for acquisition and removal of sixteen(16) homes. To date, we have inspected and secured appraisals for each of the sixteen(16) homes and made purchase and relocation offers. Those addresses listed below and attached contracts represent offers accepted by the owners, up to this point. Please note that the purchase offer amounts are based on pre- storm appraisal values, less any proceeds from insurance and/or other disaster relief assistance. The amount of relocation assistance is based on the grant formula and differs, depending upon the resident's desire to secure rental housing or purchase a new home. Address Owners Name Purchase Relocation Amount Amount 2950 Tailiaferro Henry Seale $45,000.00 $5,250.00 3490 Taliaferro Herbert& Shirley Grogan $44,050.89 $0.00 460 E Delaware Carl & Isabella Mason $6,500.00 $4,000.00 470 E Delaware Arbie Adams $6,000.00 $0.00 480 E Delaware Myles Thomas $30,000.00 $0.00 390 Fletcher Betty Green $18,000.00 $5,250.00 485 Manning Howard LeBlanc $35,000.00 $5,250.00 445 Manning Horace & Lilly Dean $5,000.00 $0.00 Total: $189,550.89 $19,750.00 FEMA Grant Amount (at 75%) $142,163.17 $14,812.50 Local CDBG Match Amount (at 25%) $47,387.72 $4,937.50 This grant provides seventy-five percent (75%) of the costs, with a required twenty-five percent (25%) local match, which will be paid through a reallocation of 2008 Program Year CDBG demolition funds. It is expected that additional purchase contracts will be forthcoming as offers are accepted by the homeowners. Once these properties,are acquired, the City will demolish these homes and deed restrict the properties, to prevent future flooding losses. These costs will also be covered by the grant. BUDGETARY IMPACT Funds this local match are available through the 2008 Program Year CDBG Budget. FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this_ day of *,i ve ,2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Carl&Isabella Mason hereinafter referred to as the SELLER THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs(TH&CA)to purchase certain property in Beaumont,Texas in which the SELLER owns a parcel of land known by the physical address,460 E Delaware and described as North End Lot 3, Block 4, Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The pa,'ies agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$6,500.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$55,000.00 with deductions for any insurance payment received by SELLER for structural damage of$43,000.00 and$17,369.73 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$0 for certain repairs for which receipts were provided have been added Note that the above deduction of insurance resulted in a valuation of less than land value.Therefore,the valuation was increased to land value of$6,500.00. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price,if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtu.:rs,materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this °ontract and that it has had an opportunity, if it so chooses,to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the theirs,executors,successors and assigns of all parties. DATED this st-_aay of 12009. Seller Signature ess,atte g for Seller(signature) Carl Mason r � `it Seller Printed Name Witness,att mg for Seller(Printed Name) Seller Signature ess,attes g for ler(signature) Isabella Mason C �k -tit-t Seller Printed Name Witness,atte ng for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 5IL— day of JLt L4 2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Carl&Isabella Mason hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs(TH&CA)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address,460 E Delaware and described as North End Lot 3, Block 4, Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$6,500.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title;provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$55,000.00 with deductions for any insurance payment received by SELLER for structural damage of$43,000.00 and$17,369.73 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$0 for certain repairs for which receipts were provided have been added. Note that the above deduction of insurance resulted in a valuation of less than land value.Therefore,the valuation was increased to land value of$6,500.00. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as 7nally determined,will be deducted from the purchase price,if the pv,chase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures,materials=,r improvements to the rea':estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. S. SELLER acl nowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses,to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers,agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this C�Iay of c • '2009. Seller Signature Wi ess,att ing for Seller(signature) Carl Mason Dlenl/ fur/a Seller Printed Name Witness,Westing for Seller(Printed Name) ,)L4 , �— - Seller Signature �l ess,attestidg for ler(signature) Isabella Mason ho-a 1 cam, Seller Printed Name Witness,att9king for Seller(Printed Name) ,City of Beaumont Approval: OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this 5 day of .Jv� 2009, by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Carl Mason and Isabella Mason,hereinafter referred to as the"RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 460 E Delaware and described as North End Lot 3,Block 4,Abstract 046750,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Four Thousand and No/100($4,000.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above- referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST Purchase of replacement home $55,000.00 $89,000.00 Amount of City contribution toward replacement home $4,000.00 Total benefits to be paid= $4,000.00 City contribution is capped at $4,000.00 which is the eligibility determined under the Environmental Justice calculations completed as part of the grant application. 3. The RECIPIENT acknowledges that this payment will satisfy any and all obligations of the CITY as b,this transaction and agrees to accept this payment as complete and fi•"compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this S dray of -J,),,j{ 2009 A RE IPIENT SS RECIPIENT zSS i. Accepted by: CITY OF BEAUMONT I U W NhK Kl~;LUC:A 11UN AUKJ EMhN l THIS AGREEMENT is made and entered into this 5 day of JvAj4 2009, by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Carl Mason and Isabella Mason,hereinafter referred to as the"RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 460 E Delaware and described as North End Lot 3,Block 4,Abstract 046750,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in f siding and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Four Thousand and No/100 ($4,000.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above- referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST Purchase of replacement home $55,000.00 $89,000.00 Amount of City contribution toward replacement home $4,000.00 Total benefits to be paid= $4,000.00 City contribution is capped at $4,000.00 which is the eligibility determined under the Environmental Justice calculations completed as part of the grant application. 3. The RECIPIENT acknowledges th at this payment will satisfy any and all obligations of the CITY as to this transaction and agrees to accept this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this S dray of J�,J_e 2009 RECIPIENT Ss l RECIP : Ss . Accepted by: CITY OF BEAUMONT FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 10th day of June 2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Herbert Grogan&Shirley Grogan hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs(TH&CA)to purchase certain property in Beaumont,Texas in which the SELLER owns a parcel of land known by the physical address,3490 Taliaferro and described as Mt Olive Lot 1 Block lAbstract 045250. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$44,050.89 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title;provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$50,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and$5,949.11 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall fast be applied to all liens on the property,including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price,if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures,materials or improvements to the real estate may )e removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this day of °-'CA—.f 2009. Seller Signature Witne ,attesting for Seller(signature) Herbert Grogan V ITk I z/Ja0mD Seller Printed Name Witness,attesting for Serer(Printed Name) Seller Sign re Witnes attesting for Seller(signature) Shirley Grogan J� (iC/l�� Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this day of IAILO ,2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Herbert Grogan&Shirley Grogan hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs (TH&CA)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 3490 Taliaferro and described as Mt Olive Lot 1 Block IAbstract 045250. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$39,050.89 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$45,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and$5,949.11 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removes .vill be solely determined by the City and must be negotiated prior to removal- SELLER understands that no fixtures,materials or improvements to t: :real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors, successors and assigns of all parties. DATED thisrcy�—day of JcJ/- 2009. C Seller Signature Witn s,attesting for Seller(signature) Herbert Grog W an .4. Seller Printed Name Witness,attesting for Seller(Printed Name) Seller Signat e Witness attesting for Seller(signature) Shirley Grogan �qtp Seller Printed Name Witness,attesting for Seller(Printed Name) I City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 7"h day of ,2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Thomas Myles hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) and/or Texas Department of Housing and Community Affairs (TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address,480 E Delaware and described as North End L1 B4, Abstract 046750. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$30,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and $0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that nc fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged a this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors, successors and assigns of all parties. DATED this 9� day of �/�//�e .2009. Seller Signature Witness attesting for Seller(signature) Thomas Myles Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this_T day of 11de ,2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Thomas Myles hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs(TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address,480 E Delaware and described as North End L1 B4,Abstract 046750. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. r The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$30,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and $0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time o- at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement tiisbinding upon the heirs,executors, successors and assigns of all parties.s DATED this /� day of JUh1e ,2009. Seller Signature Witrks,attesting for Seller(signature) Thomas Myles Jew-- w,44 a Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 9th day of June,2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Henry Lewis Seale hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs (TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 2950 Taliaferro and described as North End S67'Lot 7 Lot 8 Block 7 Abstract 046750 And North End Lot 7 Block 3 Abstract 046750. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM,BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for,aid property the sum of$45,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$45,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and $0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit an., materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and a• ount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors, successors and assigns of all parties. DATED this 91h day of June 2009. -4 L Seller ignature Witnes ,attesting for Seller(signature) Henry Lewis Seale J W,44iA Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 9th day of June,2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Henry Lewis Seale hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs (TH&CA)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 2950 Taliaferro and described as North End S67'Lot 7 Lot 8 Block 7 Abstract 046750 And North End Lot 7 Block 3 Abstract 046750. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM,BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property .he sum of$45,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$45,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and$0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed wi!'. be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of thi: greement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this 91h day of June 2009. Seller Sig e WitnIss,attesting for Seller(signature) Henry Lewis Seale JC104/2-T) Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this 9th day of June 2009,by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Henry Lewis Seale, hereinafter referred to as the "RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 2950 Taliaferro and described as North End S67'Lot 7 Lot 8 Block 7 Abstract 046750 And North End Lot 7 Block 3 Abstract 046750,(the"Property") in which the 1ECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No/100 ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—tenant relocation in lieu of purchase $5,250.00 Total benefits to be paid= $5,250.00 3. The RECIPIENT acknowledges that this payment will satisfy any and all obligations of the CITY as to this transaction and agrees to accept this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this(7 day of 2009 C RECIPI T WITNYSS Accepted by: CITY OF BEAUMONT OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this 9th day of June 2009,by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Henry Lewis Seale, hereinafter referred to as the "RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 2950 Taliaferro and described as North End S67'Lot 7 Lot 8 Block 7 Abstract 046750 And North End Lot 7 Block 3 Abstract 046750, (the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in fording and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No/100 ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was detennined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—tenant relocation in lieu of purchase $5,250.00 Total benefits to be paid= $5,250.00 3. The RECIPIFNT acknowledges that this payment will _:Aisfy any and all obligations of the CITY as to this transaction and agrees to accept this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this 4�Aday of I ilL( 2009 RECIPIE WI SS Accepted by: CITY OF BEAUMONT FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 9th day of June, 2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Arbie Adams and Helen Adams hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM)and/or Texas Department of Housing and Community Affairs(TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address,470 E Delaware and described as North End Lot 2, Block 4 Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$6,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances.Note that the above deduction of insurance resulted in a valuation of less than land value.Therefore,the valuation was increased to land value of$6,000.00. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$40,300.00 and$0.00 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or$0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the propmy, including real estate taxes, weedy lot liens,and paving assessments. All '.ien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. Thc:value of the property removed will be solely determined by the City arc' must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors, successors and assigns of all parties. DATED this day of JL114 '2009. Seller Sig' ature W' ess,attesting for Seller(signature) Arbie Adams J O-P U./,q., Seller Printed Name Witness,attesting for Seller(Printed Name) 4111 Seller Signature Wit ss,attesting for Seller(signature) Ilelen Adams J val►-- Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 9th day of June,2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Arbie Adams and Helen Adams hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs (TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 470 E Delaware and described as North End Lot 2, Block 4 Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$6,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances.Note that the above deduction of insurance resulted in a valuation of less than land value.Therefore,the valuation was increased to land value of$6,000.00. I 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$40,300.00 and$0.00 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price,if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be n,.gotiated prior to removal. SELLER understands that no fixtures, materials of improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. tkl DATED this ? day of 2009. uly� Seller Signature Witn s,attesting for Seller(signature) Arbie Adams Ii Seller Printed Name Witness,attesting for Seller(Printed Name) / p i Seller Signature Witne ,attesting for Seller(signature) Helen Adams Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: ilia 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is�binding upon the heirs,executors,successors and assigns of all parties. g DATED this i day of JiJXI-1211 '2009. Selor Signature Wit ss,attesting for Seller(signature)a(/ Jessie LeBlanc d Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this (relay of jr/Q ,2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Jessie LeBlanc hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs (TH&CA)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 485 Manning and described as North End Lot 16 Block 4 Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$35,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$35,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and $0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. Ail lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or he repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal, SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses,to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors, successors and assigns of all parties. -I DATED this day of 1, iAze 2009. Sel r Signature Witn s,attesting for Seller(signature) Jessie LeBlanc J� &ke4 Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: I OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this day of Jul-W 2009, by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Jessie LeBlanc, hereinafter referred to as the"RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 485 Manning and described as North End Lot 16 Block 4 Abstract 046750,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent,safe,and sa,iitary replacement home, outside of the floodplain, THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No/100 ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—decided to be tenant $5,250.00 Total benefits to be paid= $5,2`0.00 3. The RECIPIENT acknowledges that t„is payment will satisfy any and all obligations of the CITY as to this tra�,saction and agrees to accept this payment as complete and full comp,--sation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this �ay of JVW_ 2009 c RE 'IPIENT WITNES Accepted by: CITY OF BEAUMONT OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this day of J(4 2009, by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Jessie LeBlanc, hereinafter referred to as the"RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 485 Manning and described as North End Lot 16 Block 4 Abstract 046750,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent,safe,and sanitary replacement home,outside of the floodplain, THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance, NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No/100 ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—decided to be tenant $5,250.00 Total benefits to be paid= $5,250.00, 3. The RECIPIENT acknowledges that this payment will satisfy any and all obligations of the CITY as to this transactioi!and agrees to accept this Payment as complete and full compensatiw:. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this Y day of 2009 4 CIPIENT WITNES Now Accepted by: CITY OF BEAUMONT 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this 10`h day of June 2009. Seller Signatu e Wi ess,attesting for Seller(signature) Betty Green Jeff Ward Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 10th day of June,2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Betty Green hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs(TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 390 Fletcher and described as North I St Lot 6 E IOFt Lot 5 Block 3 Abstract 046760. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$18,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$18,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and $0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, c,>rterials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time ,'-at the time of demolition. Any violation of this agreement may result in a reduction of the value of and mount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this 10`h day of June 2009. Sel er Signa r Wies,attesting for Seller(signature) Betty Green Jef Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this 10th day of June 2009,by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Betty Green, hereinafter referred to as the "RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address,390 Fletcher and described as North 1 St Lot 6 E l OFt Lot 5 Block 3 Abstract 046760,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent, safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance, NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—tenant in lieu of relocation $5,250.00 Total benefits to be paid= $5,250.00 3. The RECIPIENT acknowledges that this payment will satisfy a,ly and all obligations of the CITY as to this transaction and agrees to accC.,t this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this 10`h day of June,2009 CIPIE ) W KNESS Accepted by: CITY OF BEAUMONT OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this 10th day of June 2009,by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Betty Green, hereinafter referred to as the "RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address,390 Fletcher and described as North ISt Lot 6 E l OFt Lot 5 Block 3 Abstract 046760,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in fording and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—tenant in lieu of relocation $5,250.00 Total benefits to be paid= $5,250.00 3. "_ae RECIPIENT acknowledges that this payment will satisfy any and all obligations of the CITY as to this transaction and agrees to accept ti. payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this I O"'day of June,2009 RE IPIEN7 W SS Accepted by: CITY OF BEAUMONT FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this�day of 2009,by and between the City of Beaumont, Texas, hereinafter referred to as the City, and Horace Dean & Lilly Dean hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) and/or Texas Department of Housing and Community Affairs(TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 445 Manning and described as North End Lot-12 Block-4 Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$5,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$24,200.00 and$7,057.21 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $3,697.94 for Other Needs Assistance (ONA)for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$6,600.00 for certain repairs for which receipts were provided have been added. Note that the above deduction of insurance resulted in a valuation of less than land value. Therefore, the valuation was increased to land value of$5,000.00. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of:.ach properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property ren. ved will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DENTED this A7 day of j�t�� .2009. L Sellerer ig� �— Witness,attesting for Seller(sign re) Horace Dean �l Seller Printed Name Witness,attesting for Seller(Printed Na e) S 11er Signature Witness,attesting for Sellle`r�siignature) Lilly Dean Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this lf�day of mt- 2009,by and between the City of Beaumont, Texas, hereinafter referred to as the City, and Horace Dean & Lilly Dean hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs (TH&CA)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 445 Manning and described as North End Lot-12 Block-4 Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$5,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$24,200.00 and$7,057.21 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $3,697.94 for Other Needs Assistance (ONA)for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$6,600.00 for certain repairs for which receipts were provided have been added. Note that the above deduction of insurance resulted in a valuation of less than land value. Therefore, the valuation was increased to land value of$5,000.00. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price ha-not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors, successors and assigns of all parties. DATED this day of �U/l.C� 2009. Seller Signature Witness, attesting tnatttesting for S(e'ller(signat re) Horace Dean �—bOV-A, CJAC<--P rr u J� Seller Printed Name Witness,attesting for Seller(Pri ted Name) Sel er Signature Witness,attesting for Seller(signat re) Lilly Dean Ot bUyc' 04V�V)VYWyl Seller Printed Name Witness,attesting for Seller(Prinked Name) City of Beaumont Approval: I �I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute contracts with the owners of homes flooded during Hurricane Ike for the purchase of those homes and the provision of relocation assistance through the Hazard Mitigation Grant Program's Acquisition and Demolition Program as described below: Address Owners Name Purchase Amount Relocation Amount 2950 Tailiaferro Henry Seale $45,000.00 $5,250.00 3490 Taliaferro Herbert& Shirley Grogan $44,050.89 $0.00 460 E Delaware Carl & Isabella Mason $6,500.00 $4,000.00 470 E Delaware Arbie Adams $6,000.00 $0.00 480 E Delaware Myles Thomas $30,000.00 $0.00 390 Fletcher Betty Green $18,000.00 $5,250.00 485 Manning Howard LeBlanc $35,000.00 $5,250.00 445 Manning Horace & Lilly Dean $5,000.00 $0.00 Total: $189,550.89 $19,750.00 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - 4 July 14,2009 Consider approving Change Order No. 2 for the Rolfe Christopher Pavement Improvement Project RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 14, 2009 REQUESTED ACTION: Council consider a resolution approving Change Order No. 2 for the Rolfe Christopher Pavement Improvement Project RECOMMENDATION The Administration recommends approval of Change Order No. 2 in the amount of$226,306.93 for widening the roadway pavement of Rolfe Christopher between Florida Avenue and the US 69, 96 & 287 Frontage Road. BACKGROUND When Rolfe Christopher Street was initially identified as a project in the FY 2004 Capital Program, the proposed street cross section was four lanes(two lanes in each direction)with left turn lanes and a median. Additionally, bike lanes would be installed on Rolfe Christopher from Florida to East Virginia. During the development of the plans for the project, representatives from Lamar University met with the City to discuss the project. Based on those discussions the street cross section was changed to two lanes (one lane in each direction) with left turn lanes at certain intersections, bike lanes and a median. Due to the high number of pedestrians that would be crossing and/or adjacent to Rolfe Christopher, a traffic calming measure was instituted that would impact vehicle speeds.The traffic calming method implemented on the project between Florida Avenue and US 69, 96, & 287 was eleven (11) foot traffic lanes. The recommended design guidelines for traffic lane widths range from ten to twelve feet depending upon the type of roadway facility. Although the eleven foot traffic lanes are within design guidelines, this lane width, coupled with curbs on both sides, is perceived by the driver as being narrow which results in drivers reducing their speed. After completion of the street and curb installation on the section of Rolfe Christopher between Florida Avenue and US 69, 96&287, representatives from Lamar University drove this section and felt that the roadway appeared to be too narrow. A request was made to the City requesting that this section of the project be widened. Upon reviewing their request, it was recommended and agreed upon to widen the traffic lanes in this section from eleven to fourteen feet. It should be noted that the design of the project took into consideration the potential widening of the street for additional traffic lanes in the future. On December 11,2007,City Council awarded Allco,LTD.the contract for the Project in the amount of$5,495,820.65. Change Order No. 1 in the amount of$195,277.93 was approved by City Council on July 29, 2008, increased the contract amount to $5,691,098.58. Change Order No.2 will increase the estimated quantities for the saw cutting and removal of existing concrete,roadway excavation,backfill embankment,block sodding,base course,concrete pavement and curb,and pavement striping.This Change Order in the amount of$226,306.93 will increase the contract amount to $5,917,405.51. A copy of the Change Order is attached. BUDGETARY IMPACT Funds are available in the Capital Program. CITY OF BEAUMONT DATE: 22 June 2009 PROJECT: Rolfe Christopher Pavement Improvement Project OWNER: City of Beaumont CONTRACTOR: ALLCO INC. CHANGE ORDER NO.: 02 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Add Construction Items and/or quantities to the Contract: Item Item Original New Unit No. Code Description Unit Original Quantity Price Amount 104 400 REMOVE CONCRETE(PAVMT) SY 0 243-00 $38.14 $9,268.02 110 300 EXCAVATION(RDWY) CY 0 800.00 542.69 $34,152.00 132 1 900 EMBKMT(FINAL)(ORD COMP)(TY B) Cy- 0 400.00 $20.62 $8,248.00 110 BLOCK SODDING SY 0 3,000.00 $3.60 510,800.00 ")' CM TRTD(PT MX)(CL M)(TY D)(GR 1)(IN VEH)(8") SY 0 729-00 $47.15 $34,372.35 3 200 SAWCUT FULL DEPTH CONC.PVMT(8") LF 0 1 2,188-00 t $9.60 $21,004.80 360 600 CONC PVMT(IT REINF)(CL.P)(8") SY 0 972-00 $92.08 589,501.76 529 800 CONC CURB(MONO)(TY 2) LF 0 2,000-00 $5.58 $11,160-00 666 100 STRIPING LS 0 1-00 $7,800.00 $7,800.00 ADD TOTAL AMOUNT $226,306.93 ORIGINAL CONTRACT AMOUNT: $5,495,820.65 NET FROM PREVIOUS CHANGE ORDERS: $195,277.93 TOTAL AMOUNT OF THIS CHANGE ORDER: $226,306.93 PERCENT OF THIS CHANGE ORDER: 4.12 TOTAL PERCENT CHANGE ORDER TO DATE: 7.67 NEW CONTRACT AMOUNT: $5,917,405.51 CONTRACT CALENDAR DAYS NOT EFFECTED BY THIS CHANGE ORDER ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,CITY ENGINEER TOM WARNER,DIRECTOR OF KYLE HAYES,CITY MANAGER Pt:BLIC WORKS ATTESTED BY: 0 TINA BROUSSARD,CITY CLERK RESOLUTION NO. 08-218 WHEREAS, on December 11, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-402 awarding a contract in the amount of$5,495,820.65 to ALLCO, LTD for the Rolfe Christopher Pavement Improvement Project(Spur 380-East Virginia Street, to Hwy 69 S Feeder Road); and, WHEREAS, Change Order No. 1 in the amount of$195,277.93 thereby increasing the contract amount to $5,691,098.58 is required to add and increase water and waste water system improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: I THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of$195,277.93 thereby increasing the contract amount to$5,691,098.58 for the Rolfe Christopher Pavement Improvement Project (Spur 380-East Virginia Street, to Hwy 69 S Feeder Road). PASSED BY THE CITY COUNCIL of the City f Beaumont this the 2 Y 9th day of July, 2008. NI yor Becky Ames - 11 it i CITY OF BEAUMONT DATE: 07 July 2008 PROJECT: Rolfe Christopher Pavement Improvement Project OWNER: City of Beaumont CONTRACTOR: ALLCO INC. CHANCE ORDER NO.: 01 THE'FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Add Construction Items and/or quantities to the Contract: Item Hem Original New Unit No. Code Description Unit Amount Quantity Quantity Price 432 002 OUTFALLSTRUCTURE LS 0 1 S;5.715 CO $15,715.0 WATER UTLITIES 712 002 NEW FIBERGLASS MANHOLE(SANITARY SEWER) EA 0 2 53,000.0 $6,000.00 805 002 FIRE HYDRANT ASSEMBLY(REMOVE&REPLACE) EA 0 5 S4,40000 $22,000.00 810 009 2"WATER LINES(HDPE) LF 0 57 $12-60 $718 2 810 012 S"WATER MAINS PVC(C-900) LF 2611 4165 537.00 $57,4198-0 510 014 6"WATERMAINS PVC(C-900) LF 0 35 $30.80 51,078.00 D 015 S"X 45 DEG MJ BEND EA 0 22 $315.00 $6,930.00 016 12'X 45 DEG MJ BEND EA 0 2 $520.00 51,040 UO 017 8"X 90 DEG.MJ BEND EA 0 1 S325 CO 8325,00 910 018 8"X 8"MJ TEE EA 0 5 5450.00 52,250.0 SI O 019—1 2"X S"MJ CROSS EA 0 1 S795.00 $785.00 SI1 002 S"RESILIENT WEDGE GATE VALVES EA 1 28 $i,675 OC 545,225 0 4020 001 6"SEWER MAINS(HDPE) LF 622 1321 $41.75 $29,163.25 402D 007 10"SEWER MAINS(HDPE) LF 0 10 546.00 $460.00 402D 010 12"SAN SFWER,SDR 26(8 FT DEEP)(FLORIDA) LF 0 108 $5556 $6,000.48 4020 01 G'X 45 DEG.BEND(S.AN.SEWER) EA 0 2 S35 DC $7D.00 ADD TOTAL AMOUNT $195,277.93 ORIGINAL CONTRACT AMOUNT: $5,495,820.65 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANCE ORDER: $195,277.93 PERCENT OF THIS CHANGE ORDER: 3.55 TOTAL,PERCENT CHANGE ORDER TO DATE: 3.55 NEW CONTRACT AMOUNT: $5,691,098.58 CONTRACT CALENDAR DAYS NOT EFFECTED By THIS CHANGE ORDER ACCEPTED BY: CONTRACTOR APPROVED BY: ORIS P.COLBERT,CIT PATRICK DONART, ENGINEER WATER UTILITIES ENGINEER TOM WARNER,DIRECTOR OF KYLE HAYES,CITY MANAGER PUBLIC WORKS ATTESTED BY: 1 r Gt VC LL 5�Nk TINA BROUSSARD,CITY CLERK ,.`•^"`,Y=.LAN \\i fp1 RESOLUTION NO. WHEREAS, on December 11, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-402 awarding a contract in the amount of$5,495,820.65 to ALLCO, Inc., for the Rolfe Christopher Pavement Improvement Project (Spur 380-East Virginia Street, to Hwy 69 S Feeder Road); and, WHEREAS, Change Order No. 1 in the amount of$195,277.93 was required to add and increase water and waste water system improvements,thereby increasing the contract amount to $5,691,098.58; and WHEREAS, Change Order No. 2 in the amount of $226,306.93 is required for widening the roadway pavement of Rolfe Christopher between Florida Avenue and US 69, 96 and 287 Frontage Road, thereby increasing the contract amount to $5,917,405.51. 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. 2 in the amount of $226,306.93, thereby increasing the contract amount to $5,917,405.51 for the Rolfe Christopher Pavement Improvement Project (Spur 380-East Virginia Street, to Hwy 69 S Feeder Road). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - 5 July 14, 2009 Consider authorizing the City Manager to increase the Proposed Surface Water Treatment Plant Improvement Phase I Project for"extra work" RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Karin Warren, Water Quality Control Manager MEETING DATE: July 14, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Proposed Surface Water Treatment Plant Improvements Phase I Project for"extra work". RECOMMENDATION The Administration recommends approval of increasing the Proposed Surface Water Treatment Plant Improvements Phase I Project by $209,871.72. BACKGROUND Improvements at the Water Treatment Plant include renovating the pulsators, and building new chlorine and chemical feed facilities. The pulsators were originally sedimentation basins constructed in 1948. During the 1980's, the basins were converted into the pulsators. The project will repair the numerous cracks in the reinforced concrete walls and floors. The number of cracks in the walls is more severe than previously determined during the design phase of the project. The bid quantities on the project is set up for all three pulsators, however the quantities were reached in the first pulsator. The project also includes miscellaneous mechanical and electrical improvements including a building with provisions for two (2) 150OKW Caterpillar generators. The changes will improve the future operation, provide emergency backup power, increase the efficiency of the Water Treatment Plant, and help the City meet required State and Federal regulations. Previous actions include: Resolution 08-137 in the amount of$8,041,191.50 was passed by City Council on May 6, 2008. Resolution 08-351 in the amount of$239,066.95 was passed by City Council on December 23, 2008. Resolution 09-040 in the amount of$26,195.75 was passed by City Council on February 10, 2009. The proposed changes to the contract will provide a credit to the City by using non-tinned medium voltage cables and deleting epoxy coating at Pulsator 2 and Pulsator 3 basin floors. The proposed changes will also demolish electric manhole duct banks, change PVC conduit to Rigid Galvanized Steel conduit at the Electric Building, remove an abandoned 24-inch pipeline, provide emergency power for SCADA transmitter, replace (2) 48-inch flow meters with(2) 36-inch flow meters with adaptors for accuracy, upgrade all windows and doors in Chemical Building to Hurricane rated, repair leakage and concrete damage to the walls of the existing Mixed Water Channel, including repair of through-the-wall cracks with Combiflex, and additional 900 linear feet of 4-inch electrical PVC electrical installation to the Administration Building from electrical switchgear manhole. The proposed changes will increase the contract time by 115 calendar days. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL,OF CONTRACT CHANGE CHANGE,ORDER No.Three DATE: July I,2009 PROJECT: City of Beaumont,Texas Surface Water Treatment Plant Improvements Phase I OWNER: City of Beaumont,Texas 801 Main Street Beaumont,1 exas 77704 CONTRACTOR: Allco,Inc. 6720 College Street Beaumont.`texas 77707 TO THE OWNER: Approval ofthe following contract change is requested. Reason for Change: Credits and additional improvements to the project. ORIGINAL CONTRACT AMOUNT: $ 8,041,191.511 THIS CHANGE ORDER Descriptloll: Net Chaise Credit to use non-tinned copper medium voltage cables. $ (20,000.00) Ref: RFI-001 Credit to delete Sikaguard 62 epoxy coating at Pulsator 2 and Pulsator 3 basin floors. (3,093.00) Ref. CMR-021 Demolish electric manhole duct hanks. 4,393.00 Ref: CNIR-005 Change PVC conduit to Rigid Galvanized Steel conduit at Electric Building. $ 14.617.22 Re1`. CMR-009 Remove abandoned 24-inch pipeline. $ 7,287.00 Ref: ('MR-010 Install handrails at Pulsator raw water channe!. S' 8,167.00 Provide emergency power for SCADA transmitter. $ 19,761.85 Ref. CMR-017 Replace (2) 48-inch flow meters with (2) 36-inch flow meters with adaptors for 6,666.00 accuracy. Ref: CMR-018 tJpgrade all windows and doors in Chemical Building to Hurricane rated. $ 32,192.00 Ref.C'NIR-0I9 Install new duct bank from electric manhole to switch rack. $ 8.739.40 Ref: CMR-020 Place PatchCretc wainscoat over exposed concrete block at Chemical Building. $ 2,050.00 ReE CMR-022 Install Chenical Building roof drain line to existing catch basin. 4,867.00 Ref: CMI1-023 Ph.salli. ....... P1....l els Surface Water Treatment Plant Improvements Phase I July I,2009 Page 2 of-' Replace existing 4x4 wooden chlorine ton container runners with 40 lb.steel rail. $ 4,599.00 Ref: CMR-024 Sample pump modifications to submersible pumps in lieu of centrifugal pumps. S 1,393.00 Ref: PCM-006 Repair leakage and concrete damage to the walls of the existing Mixed Water Channel, $ 64,123.50 including repair of through-the-wall cracks with Combitlex, epoxy Injection of 562 linear feet of cracks and sandblasting and coating of the exterior of the channel at Pulsators I,2,and 3. Ref: PCM-00713 Replacement of trolley hoist for Chemical Building. $ 5,839.00 Install electric manhole EMJJ-7 $ 7,183.75 Ref: PCM-009 Paint the external Vacuum Chamber structures for Pulsators I,2,and 3. $ 6,987.00 Ref: PCM-013 Additional 900 linear feet of 4-inch PVC electrical conduit installation to Administration S 34,099.00 Building from electrical switchgear manhole. Ref: PCM-014 TOTAL AMOUNT OF THIS CHANGE ORDER S _ 209,871.72 TOTAL AMOUNT OF PREVIOUS CHANGE ORDER S 265,262.70 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 8,516,325.92 CONTRACT TIME 465 Calendar Days Original Contract Time: 65 Calendar Days Additional'I ime Requested: 3 Calendar Days Revised Contract Time per this Change Order: 115 Calendar Days "Dotal Additional"Time: 183 Calendar Days Revised Contract Time: 648 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly, or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Acceptrd by: Freese and Nichols,Inc. City of Beaurnont Allco,Inc. Engineer Owner Contractor Date: Data: Date: r .,ri)-( „It t,ir,— I a,1 1,1 r Ph[—i i i ,.- .i 3,"T Ph,"1 d. RESOLUTION NO. WHEREAS, on May 6, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-137 awarding a contract in the amount of $8,041,191.50 to Allco, Ltd., Beaumont, Texas, for a contract for the Proposed Surface Water Treatment Plant Improvements Phase I Project; and, WHEREAS, Change Order No. 1 in the amount of $239,066.95 was required to furnish labor, equipment and material to install a new alum tank, the removal and disposal of deteriorated existing precast pipe supports, and furnish labor, equipment and material to install stainless steel pipe supports for each of the three(3)pulsators,thereby increasing the contract amount to $8,280,258.45; and WHEREAS, Change Order No. 2 in the amount of $26,195.75 was required to increase the pulsator concrete and crack repairs in excess of bid quantities in Pulsator#2, including labor and materials, increasing the contract time by ten (10) days for a total contract time of 530 calendar days, thereby increasing the contract amount to $8,306,454.20; and WHEREAS, Change Order No. 3 in the amount of $209,871.72 is required to demolish electric manhole duct banks, change PVC conduit to Rigid Galvanized Steel conduit at Electric Building, remove abandoned 24-inch pipeline, install handrails at Pulsator raw water channel, provide emergency power for SCADA transmitter, replace (2) 48-inch flow meters with (2) 36-inch flow meters with adaptors for accuracy, upgrade all windows and doors in Chemical Building to Hurricane rated, install new duct bank from electric manhole to switch rack, place PatchCrete wainscoat over exposed concrete block at Chemical Building, install Chemical Building roof drain line to existing catch basin, replace existing 4x4 wooden chlorine ton container runners with 40 lb. steel rail, sample pump modifications to submersible pumps in lieu of centrifugal pumps, repair leakage and concrete damage to the walls of the existing Mixed Water Channel, including repair of through-the-wall cracks with Combiflex, epoxy injection of 562 linear feet of cracks and sandblasting and coating of the exterior of the channel at Pulsators 1, 2, and 3, replace trolley hoist for Chemical Building, install electric manhole EMH-7, paint the external Vacuum Chamber structures for Pulsators 1, 2, and 3, and additional 900 linear feet of 4- inch electrical PVC electrical installation to Administration Building from electrical switchgear manhole, increasing , increasing the contract time by 115 calendar days for a total contract time of 648 calendar days and increasing the contract amount to $8,516,325.92. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute Change Order No. 3 in the amount of $209,871.72, thereby increasing the contract amount to $8,516,325.92. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - 6 July 14, 2009 Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI RICH WITH oPPoRTITNITY I T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Karin Warren, Water Quality Control Manager MEETING DATE: July 14, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI. RECOMMENDATION Administration recommends approval of a contract with Horseshoe Construction, Inc. La Porte, Texas, in the amount of$179,560.00. BACKGROUND The Project will rehabilitate approximately 2,335 linear feet of 10-inch and 1,340 linear feet of 8- inch sanitary sewer lines, stabilize approximately 10 vertical feet of existing manhole, remove and replace approximately 12 manholes, replace approximately 14 short side and five long side service line connections, and clean and televise 3,675 linear feet of existing and newly burst sanitary sewer lines in the North End. The project will rehabilitate the feeder road on US Highway 69 near Academy and near Mazzio's and on Odom Road. The MBE participation will be with Chief Solutions, Inc. for $11,000, Deanie Hayes, Inc. for $22,000, and Vila Trucking for $5,000. The total amount of the subcontracts is for $38,000, which represents 21.16 percent of the total bid. The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines,restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state. BUDGETARY IMPACT Funds for the project are available in the Capital Program. OF rC �a�t BID TABULATION r 0*;� ..............................:..t r SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XVI BID OPENING DATE:Thursday June 25,2009 2:00 PM r PATRICK DONaRT The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. 5:0- By: �/ eC�✓c- f f� tt�Zss/0 Patrick Donart, PE,Water Utilities Engineer Date:6/29/09 Z�1L ITEM NUMBER QUANTITY DESCRIPTION Horseshoe Construction,Inc SKE Construction,LLC PM Construction&Rehab,LP La PORTE,TX Alvin,TX PASADENA,TX JAMES R.HOLT S.Ebenhart BAC ONG UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 1 MOBILIZATION $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 ITEM NO.2 2,335 10"HDPE by pipe bursting $ 33.00 $ 77,055.00 $ 41.00 $ 95,735.00 $ 43.00 $ 100,405.00 ITEM NO. 3 1,340 8"HDPE by pipe bursting $ 32.00 $ 42,880.00 $ 32.00 $ 42,880.00 $ 36.00 $ 48,240.00 ITEM NO.4 10 Stabilization of existing manhole. $ 100.00 $ 1,000.00 $ 200.00 $ 2,000.00 $ 399.00 $ 3,990.00 ITEM NO. 5 3 Remove and replace manhole in the dirt. $ 2,000.00 $ 6,000.00 $ 2,800.00 $ 8,400.00 $ 3,000.00 $ 9,000.00 ITEM NO.6 9 Remove and replace manhole in the pavement. $ 2,500.00 $ 22,500.00 $ 3,200.00 $ 28,800.00 $ 2,800.00 $ 25,200.00 ITEM NO. 7 14 Replacement of 4"short side service connection. $ 400.00 $ 5,600.00 $ 400.00 $ 5,600.00 $ 400.00 $ 5,600.00 ITEM NO. 8 5 Replacement of 4"long side service connection. $ 1,000.00 $ 5,000.00 $ 750.00 $ 3,750.00 $ 750.00 $ 3,750.00 ITEM NO. 9 3,675 Clean and televise 6, 8, and 10 inch existing sanitary sewer lines. $ 2.00 $ 7,350.00 $ 2.00 $ 7,350.00 $ 3.00 $ 11,025.00 ITEM NO. 10 3,675 Clean and televise 6, 8, and 10 inch newly pipe burst sanitary sewer lines. $ 1.00 $ 3,675.00 $ 1.25 $ 4,593.75 $ 3.00 $ 11,025.00 ITEM NO. 11 1 Trench Safety Plan $ 2,500.00 $ 2,500.00 $ 3,000.00 $ 3,000.00 $ 2,750.00 $ 2,750.00 ITEM NO. 12 1 ITrench Safety System I $ 1,000.00 1 $ 1,000.00 $ 3,000.00 $ 3,000.00 $ 2,500.00 1 $ 2,500.00 TOTAL $179,560.00 $211,108.75 $228,485.00 Acknowledge Addendas1&2 Yes Yes Yes Bid Bond Yes Yes Yes Corporate Resolution Yes N/A No Information Required of Bidder Yes Yes Yes Schedule C MBE Partici ation Yes No Yes Page 1 of 2 BID TABULATION SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XVI BID OPENING DATE:Thursday June 25,2009 @ 2:00 PM The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. ITEM NUMBER Huff&Mitchell,Inc T.Gray Utility Brystar Contracting,Inc Ailco,LTD CYPRESS,TX HOUSTON,TX BEAUMONT,TX BEAUMONT,TX JAMES P.HUFF MARCUS TAMEZ BRYAN PHELPS T.W.HARRISON UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 $ 7,000.00 $ 7,000.00 $ 6,900.00 $ 6,900.00 $ 7,500.00 $ 7,500.00 $ 12,000.00 $ 12,000.00 ITEM NO.2 $ 25.00 $ 58,375.00 $ 38.50 $ 89,897.50 $ 61.00 $ 142,435.00 $ 90.00 $ 210,150.00 ITEM NO. 3 $ 22.00 $ 29,480.00 $ 34.00 $ 45,560.00 $ 46.00 $ 61,640.00 $ 85.00 $ 113,900.00 ITEM NO.4 $ 300.00 $ 3,000.00 $ 500.00 $ 5,000.00 $ 200.00 $ 2,000.00 $ 400.00 $ 4,000.00 ITEM NO. 5 $ 6,500.00 $ 19,500.00 $ 3,500.00 $ 10,500.00 $ 3,300.00 $ 9,900.00 $ 2,650.00 $ 7,950.00 ITEM NO.6 $ 11,000.00 $ 99,000.00 $ 6,500.00 $ 58,500.00 $ 4,100.00 $ 36,900.00 $ 6,000-00 $ 54,000.00 ITEM NO.7 $ 400.00 $ 5,600.00 $ 750.00 $ 10,500.00 $ 600.00 $ 8,400.00 $ 400.00 $ 5,600.00 ITEM NO. 8 $ 750.00 $ 3,750.00 $ 1,000.00 $ 5,000.00 $ 1,800.00 $ 9,000.00 $ 1,100.00 $ 5,500.00 ITEM NO. 9 $ 4.00 $ 14,700.00 $ 3.50 $ 12,862.50 $ 4.00 $ 14,700.00 $ 9.00 $ 33,075.00 ITEM NO. 10 $ 3.00 $ 11,025.00 $ 1.50 $ 5,512.50 $ 3.00 $ 11,025.00 $ 2.00 $ 7,350.00 ITEM NO. 11 $ 1,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 $ 950.00 $ 950.00 $ 750.00 $ 750.00 L ITEM NO. 12 $ 500.00 $ 500.00 $ 7,000.00 $ 7,000.00 $ 6,500.00 1 $ 6,500.00 $ 1.00 $ 1.00 TOTAL $252,930.00 $262,23Z50 $310,950.00 $454,276.00 Acknowledge Addenda 1&2 Yes Yes Yes Yes Bid Bond Yes Yes Yes Yes Corporate Resolution Yes Yes Yes Yes Information Required of Bidder Yes Yes Yes Yes Schedule C(MBE Participation) Yes Yes Yes Yes Page 2 of 2 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION / Z NAME CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK XED PRICE Aj• 0. I Ca a d �--- QQ J00od- I'lle undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon cxccution of a contract with the City of Beaamont. NOTE: 1. This schedule should be submitted with your bid. SIGNATURE I ic TITLE 34 CITY OF BEAUMONT, TEXAS WATER UTILITIES DEPARTMENT JUNE - 2009 SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XVI z W co 0 D ODOM RD 0 a a 0 COLDER RD-] LOCATION MAP CITY OF BEAUMONT, TEXAS WATER UTILITIES DEPARTMENT JUNE - 2009 SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT "I G� J LOCATION MAP RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Horseshoe Construction, Inc., of LaPorte, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI in the amount of $179,560.00 to rehabilitate approximately 2,335 linear feet of 10-inch and 1,340 linear feet of 8-inch sanitary sewer lines, stabilize approximately 10 vertical feet of existing manhole, remove and replace approximately 12 manholes, replace approximately 14 short side and five long side service line connections, and clean and televise 3,675 linear feet of existing and newly burst sanitary sewer lines in the North End. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - 7 July 14, 2009 Consider authorizing the award of contracts for Emergency Standby Products, Services and Debris Removal FIIcH Wi1'H oPPoKTuNITY r T • E - R - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 14, 2009 REQUESTED ACTION: Council consider authorizing the award of contracts for Emergency Standby Products, Services and Debris Removal. RECOMMENDATION The Administration recommends the award of contracts to DRC Emergency Services of Mobile, Alabama, Byrd Brothers Emergency Services of Wilson, North Carolina and Ceres Environmental Services of Houston, Texas. BACKGROUND A pre-positioned emergency standby products, services and debris removal contract provides the City with the resources needed in the event of a disaster. Seven (7) bids were received and opened on Thursday, June 4, 2009 for the Emergency Standby Products, Services and Debris Removal Contract to be utilized in the event of a disaster. Specifications allow the contract to be awarded to one or more vendors as determined by the City on a primary, secondary and tertiary basis. The contract will be awarded for a three (3)year term with the possibility of three (3) one (1)year extensions. Vendors were required to have performed at least five(5) debris removal and disposal operations in excess of 1,000,000 cubic yards, and provide references for the communities where these operations took place. Bidders were also asked to provide information outlining their company's background, organizational chart, list of subcontractors, technical experience, financial resources, training and professional experience, references and mobilization plans. It was determined that the company offering the best value to the City was DRC Emergency Services of Mobile, Alabama. They have an extensive background in disaster debris management and the financial resources to insure that the emergency standby products and subcontractors will be available to the City in the event of a disaster. DRC Emergency Services is recommended as the City's primary Contractor. Emergency Standby Products, Services and Debris Removal Contract July 14, 2009 Page 2 A secondary contract with Byrd Brothers Emergency Services of Wilson, North Carolina is recommended and would be utilized in the event DRC Emergency Services could not provide the requested products and services. This vendor also has the financial resources and background to provide the products and services should it be required. In addition a contract with a third vendor, Ceres Environmental Services of Houston, Texas is recommended in the event additional disaster services are required. Total projected cost based on estimated quantities ranged from $28,556,147 to $48,287,256. DRC Emergency Services submitted the lowest cost of debris removal with Byrd Brothers Emergency Services and Ceres Environmental Services submitting the next highest bids, respectively. Crowder Disaster Recovery was the apparent low bidder, but did not meet specifications. The company did not meet the experience requirement of having performed at least five (5) debris removal and disposal operations in excess of 1,000,000 cubic yards. BUDGETARY IMPACT The budgetary impact of awarding these contracts is contingent upon the occurrence of a declared disaster and the degree of resources needed at that time. Emergency Standby Services & Debris Removal Bid Tabulation Bidder Table 1 Table 2 Table 3 Table 4 Table 5 Total Crowder Disaster Recovery $ 24,246.00 $ 24,246.00 $ 606,408.00 $ 27,896,298.00 $ 4,949.00 $ 28,556,147.00 Byrd $ 82,500.00 $ 82,500.00 $ 617,550.00 $ 29,786,725.00 $ 8,492.00 $ 30,577,767.00 DRC DisasterServices $ 603,782.50 $ 603,782.50 $ 2,275,696.75 $ 28,964,895.00 $ 4,062.00 $ 32,452,218.75 Ceres $ 38,535.00 $ 38,535.00 $ 482,585.00 $ 32,742,105.00 $ 5,151.00 $ 33,306,911.00 D&J Enterprises $ 109,419.20 $ 109,419.20 $ 820,727.60 $ 35,075,025.00 $ 4,350.00 $ 36,118,941.00 CrowderGulf $ 191,194.00 $ 191,194.00 $ 2,029,381.00 $ 38,110,800.00 $ 4,096.00 $ 40,526,665.00 AshBritt $ 567,512.00 $ 567,512.00 $ 7,969,517.50 $ 39,177,796.60 $ 4,918.50 $ 48,287,256.60 **Did not meet specifications. RESOLUTION NO. WHEREAS, proposals were received for primary, secondary and tertiary contracts for furnishing emergency standby products, services, and debris removal, as needed, in the event of a declared disaster, said contracts to be for a three (3) year term with the possibility of three (3) one (1) year extensions; and, WHEREAS, DRC Emergency Services of Mobile, Alabama, Byrd Brothers Emergency Services of Wilson, North Carolina, and Ceres Environmental Services of Houston, Texas, submitted the lowest bids meeting specifications; and, WHEREAS, City Council is of the opinion that the proposals submitted by DRC Emergency Services of Mobile, Alabama, Byrd Brothers Emergency Services of Wilson, North Carolina, and Ceres Environmental Services of Houston,Texas, should be accepted as primary, secondary and tertiary providers respectively; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposals submitted by DRC Emergency Services of Mobile,Alabama(primary), Byrd Brothers Emergency Services of Wilson, North Carolina, (secondary) and Ceres Environmental Services of Houston, Texas (tertiary), for three (3) year contracts for furnishing emergency standby products, services and debris removal, as needed, with three (3) one (1) year renewal options be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames -