Loading...
HomeMy WebLinkAboutPACKET OCT 27 2009 RICH WITH OPPOHTANITT C ► � T • E • X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 27, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to enter into a contract for the provision of relocation assistance for the owner of a house flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program B) Authorize the acceptance of a water line easement to provide water services for the BISD Multi-Purpose Facility C) Authorize the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits D) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI Project for"extra work" E) Authorize the City Manager to increase the Sanitary Sewer System Improvements 16-Inch Force Main Florida Avenue Project for"extra work" F) Approve a resolution requesting a change in investment authority for the City of Beaumont G) Authorize the City Manager to enter into a memorandum of understanding with Christus St. Elizabeth Hospital for the Hospital to make application of grant funding through the Pre-Disaster Mitigation Program and the Port Security Grant Program A RICH WITH OPPORTUNITY 1111LMA,111�lclll 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: October 27, 2009 REQUESTED ACTION: Consider authorizing the City Manager to enter into a contract for the provision of relocation assistance for the owner of a house 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. 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. Please note that a purchase agreement was previously approved for 470 E Delaware in the amount of$6,000. Address Owners Name Relocation Amount 470 E Delaware Arbie and Helen Adams $22,500.00 Total: $22.500.00 FEMA Grant Amount(at 75%) $16,875.00 Local CDBG Match Amount(at 25%) $5,625.00 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. 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 agreement with the owner of a home flooded during Hurricane Ike for the provision of relocation assistance through the Hazard Mitigation Grant Program's Acquisition and Demolition Program as described below. The agreement is substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. Address Owners Name Relocation Amount 470 E Delaware Arbie and Helen Adams $22,500.00 Total: $22,500.00 FEMA Grant Amount (at 75%) $16,875.00 Local CDBG Match Amount (at 25%) $5,625.00 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - r OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this?-" day of; t+, 200 , by and between the City of Beaumont, Texas,hereinafter referred to as "CITY" and Arbie Adams &Helen Adams 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, 470 E.Delaware and described as North End Lot 2,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 Twenty Two Thousand Five Hundred and No/100 ($22,500.00) payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. Replacement property located at 4685 Doris Lane. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Purchase of replacement home $30,000.00 $52,500.00 $22,500.00 Amount of City contribution toward replacement home $22,500.00 Total benefits to be paid= $22,500.00 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 z, da of �-'� Gw�-- 2009 ''ems' ,�` `''�.✓�6� i RECIPIENT WI SS 4 si✓�4 RECIPIENT WITNESS Accepted by: CITY OF BEAUMONT EXHIBIT "A" 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,D>rector of Public Works MEETING DATE: October 27, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide water services for the BISD Multi-Purpose Facility located at 5250 Bayou Willow Parkway. BACKGROUND Beaumont Independent School District has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The easement is out of an 85.03 acre tract in the Samuel Stivers Survey and will provide water service for the new BISD Multi-Purpose Facility located between Brooks and Walden Roads and between the IH 10 Frontage Road and Highway 124/Fannett Road (5250 Bayou Willow Parkway). BUDGETARYIMPACT None. \engmultipuipose-ib 12 October 2009 RESOLUTION NO. WHEREAS, Beaumont Independent School District has offered to convey a ten foot (10')wide water line easement out of an 85.03 acre tract in the Samuel Stivers Survey, as described in and shown on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing water services to property located at 5250 Bayou Willow Parkway; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Beaumont Independent School District, as described in Exhibit "A" and shown on Exhibit "B", be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF A 85.03 ACRE TRACT OUT OF THE SAMUEL STIVERS SURVEY,ABSTRACT 51 JEFFERSON COUNTY, TEXAS SEPTEMBER 23,2009 That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, out of the Samuel Stivers Survey, Abstract 51, Jefferson County, Texas, being out of a called 85.03 acre tract conveyed to Beaumont Independent School District as recorded in Clerks File No. 2008041781 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by courses and distances as follows: Note: Bearings are referenced to the NAD83, Texas State Plane Coordinate System, South Central Zone#4204. COMMENCING at a capped iron rod found in the northeasterly right-of-way line of the LNVA Tyrell Lateral for the west corner of the said 85.03 acre tract from which a capped iron rod found in the northwesterly right-of-way line of the Santa Fe Railroad for the south corner of the said 85.03 acre tract bears South 57 042'37" East 444.18 feet (called South 54°57'31" East 444.18 feet); THENCE North 05 054'36" West along the west line of the said 85.03 acre tract a distance of 687.47 feet (called North 03 009'30" West) to a point; THENCE North 84 011'30" East a distance of 40.00 feet to a.point in the east right-of-way line of Bayou Willow Parkway for the POINT OF BEGINNING of the said centerline; THENCE along the said centerline of the 10' wide exclusive water line easement with the following courses and distances: North 84°11'30" East a distance of 603.05 feet to an angle point; North 05 039'16" West a distance of 286.79 feet to an angle point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North 84°20'30" East 14.99 feet; South 84 020'30" West a distance of 82.84 feet to an angle point; North 50 039'30" West a distance of 92.84 feet to an angle point; North 05 039'16" West, at a distance of 168.30 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears South 84°20'44" West 15.36 feet, at a distance of 299.12 feet pass a point for the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of said TAP C bears South 84°20'44"West 473.84 feet, at a distance of 388.26 feet pass a point for the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears South Fittz&Shipman,Inc. Project No. 08298T10WE Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 1 EXHIBIT "A", PAGE 2 OF 3 84°20'44" West 13.63 feet, and continuing a total distance of 566.84 feet to an angle point of the said centerline; North 05 033'33" East a distance of 154.37 feet to a point for the PC of a curve; THENCE continuing along the said centerline of the 10' wide exclusive water line easement with a curve to the right having a chord bearing of North 68°19'15" East, a chord distance of 433.03 feet and a radius of 314.52 feet, a distance along the curve of 477.62 feet to a point for the PT of the said curve; THENCE continuing along the said centerline of the 10' wide exclusive water line easement with the following courses and distances: South 68 015'35" East a distance of 220.06 feet to an angle point; South 05 039'30" East, at a distance of 345.94 feet pass a point for the POINT OF BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears North 84 020'30" East 15.00 feet, at a distance of 579.04 feet pass a point for the POINT OF BEGINNING of TAP Ffrom which the POINT OF TERMINATION of said TAP F bears North 84 020'30" East 15.00 feet, and continuing a total distance of 866.73 feet to an angle point of the said centerline; South 39 020'41" West a distance of 182.97 feet to an angle point; South 84°20'41" West a distance of 363.80 feet to a point for the POINT OF TERMINATION of the said centerline. This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. during 2008 and 2009. tEOF1'r Walter J. Ksiazek �!�„� Registered Professional and Surveyor o. 5321 WALTER J. K31AZ fd K •� sart� ,, .�.. Fittz&Shipman,Inc. Project No.08298T10WE Plat&Description \ NUHBEA DELTA RADIUS *"`C ME BEARS ` �'�,�_, • Ct B]ro0'2J 31 4.52 .62—.♦)] 433.03 N Sol G13 F \ t R`NAWOER 0• i`yM CT ' A w1lLOW CR_C P.WSIRI4-R- SEC Y, =aav /� \•s 053' \\\ t �T au a.xc w _ o \ POINT OF BEGINMNC CENTERLINE OF.A \ d•'TT,�,ry\ \ 10'Y EXCLUSIVE c fi' WATFA LINE EASEMENT r \' ti/ \\4�Y Sp°� \ I\�\• yA4// PrT OF 1EAWNATON cDHLaNCwD \ c \\ r/ o•"WH)aausoE \. \\ WATER LINE EASEMENT Iry / zo c RICH WITH OPPORTUNITY [I I'Em A,[I 1�1 U1 11 T T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager J' PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 27, 2009 REQUESTED ACTION: Council consider authorizing the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits. RECOMMENDATION The Administration recommends authorization to grant a Utility Crossing Agreement to cross city utility easements outside the corporate limits. BACKGROUND Denbury Green Pipeline-Texas, L.L.C., has requested permission to install a pipeline across utility easements adjacent to Highways 347 [Twin City Highway], 69 and 93 [West Pt. Arthur Road]. The pipeline is for the purpose of transporting oil, gas, water, carbon dioxide or their products and will be constructed in accordance with City requirements. BUDGETARY IMPACT There is a one-time fee of$500 for the Utility Crossing Agreement and an annual fee of$2.25 per linear foot of pipeline. engdenbury_green-ib 12 October 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 execute a Utility Crossing Agreement to Denbury Green Pipeline, L.L.C., to install a pipeline across utility easements adjacent to Highways 347 (Twin City Highway), 69 and 93 (West Port Arthur Road)for the purpose of transporting oil, gas, water, carbon dioxide or related refined products. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - D RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: October 27, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI Project amount by $31,956. The proposed changes to the contract will rehabilitate approximately 471 linear feet of 10-inch sanitary sewer lines, remove and replace two manholes in the pavement, clean and televise 471 linear feet of existing lines, post televise 471 linear feet of rehabilitated lines, replacement of 25 4-inch short side service connections and increase the contract time by 10 calendar days. The additional days increases the total contract time to 100 calendar days. The proposed extra work will represent an increase of 17.80% of the original contract amount. The proposed extra work is for an alley line between East Lavaca and Noland. BACKGROUND The existing sewer lines built in the 1940's and 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. Previous actions include: Resolution 09-210 in the amount of$179,560.00 was passed by City Council on July 14, 2009. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROV M,OF CON I RM 1 CHANUE I IANGL ORDI.R No.Onc DA I I October 2 1,2009 PRO .WC V. C;t' ul'Beaumcml.lczas Sanlmry Surer Rehabilitation of S111,111 Omnlolel Nklin� Conrad X v I OIN N FR: (Iil\of 801 "I'lin'jre(r! Beatimont, lc�m,,17701 CONTRA(TOR: 1 loiscslloc Inc 2509 S.Ba!t1cjound Rd. I ai'otic.1,\as 77571 10"1 HE OkVrq[:F(: Api'lo"'ll w 111'a iollomH6 contract cllaq'c is[equcstuj. Reason for Change: to Juru;sh ali necus"aty iah,o;.materials,and equipment to rchabi1juite approxinnatci, 471 linear 1cci of W nch sanitary sewer lines, rcnimc and replace tv,o munhoics in the'piocnicnt,l-cp1acQvient 4-inch short side service connections.clean zinc!televise 471 linear!cot of c\ktHig-s,'ulitilr.) server lines.and post tolo\ise 471 linear fcct of rehabilitated I i 11,2". ORIGINAL CON URA(A AMOUNT: 179.560.00 THIS CHANCE,ORDLR I)'scri pt ion: N'n Chani'c I urmsh al] nccessar\ labor.materials, lnd cqUlpnlCTlt to rehabilitate aporoxinaatoll% S 15.:;47.00 171 linear acct of 10-inch-unitjn cwcr lincs. kcw,,�c and rep ac( mo manholes in the pa,cwetit. S 5.000.00 kt:j I(accment i,I'2i-1-i I I ch short side scr\to-,connoctiofli:. S 10.000.00 can and lcic%;'o 4.71 iinwr leel ol exkii1q;sanitary server lines. 6 942.00 P,,sf lei,-\ie-171 jill,tj joe+.ofrchahilinlled b,,j tan c.c;r lines. 47 1.00 'I MAI.ANIOUN-1 OV THIS(HANCE OROFR 31,956.00 TOTAL RE\ISED CONTRACT ANIOUN't INCLUDING THIS CHANGE ORDER: S 211,516.00 CONTRACT UME l)' LjnLi) 1 90(alcndar Dj;s Additional I hilo Rc'Itic'tcd: 10("31clidar Das Pcci,cd Contract I i:ne per this Change Order: i00 Calendar Da.'s ONDI HON 01;CI LANCE,: and agi-c-cs!hat!hc idliisimcrM in con trzict price and contract time stip-hacd in this Change Ordci represents full uonmvration lot all ;ncrc-ascs and decicascs in the cost otf,and the time roquiied to pci torm the entire work w,,ja the toms act ari,inii directly of :ncimecd, kom this Change Ordcr and all prcvious Chang _c ',)rders. Acceptance of(Iiii, collslimt'-:till z:g1cvnicilt hct\wcl1 (Alo,!r and Contractor that the Change()rdci jn all illCiLlSivC,InUtIJUIP, .tpiccJ upon adjustment to the Con',ract,Lill,!that(onlraCtor\rill uaivc all ridit,,to file claim on this Change Order after it is Apposed i,,: Accepted i'): ni ohn)".PA.. it� ol'itez!alloilt 11,weshoc Con,truclion.Inc. Vk Acr 1 0 litic"Di,ec!or oHLrL<l0l* RESOLUTION NO. WHEREAS, on July 14, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-210 awarding a contract in the amount of $179,560 to Horseshoe Construction, Inc., LaPorte, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI Project; and, WHEREAS, Change Order No. 1 in the amount of $31,956 is required to rehabilitate approximately 471 linear feet of 10-inch sanitary sewer lines, remove and replace two manholes in the pavement, clean and televise 471 linear feet of existing lines, post televise 471 linear feet of rehabilitated lines, replacement of 25 4-inch short side service connections, thereby increasing the contract time by ten (10) calendar days and the total contract amount to $211,516; and, 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. 1 for"extra work"described above, thereby increasing the contract time by ten (10) calendar days and the contract amount by $31,956, for a total contract amount of$211,516. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - E RICH WITH OPPORTUNITY r T • E • x • A • s Ci ty Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani Tohme, Water Utilities Director MEETING DATE: October 27, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer System Improvements 16-Inch Force Main Florida Avenue Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer System Improvements 16- Inch Force Main Florida Avenue Project amount by $21,404.40. The proposed changes to the contract are to furnish all necessary labor, materials, and equipment to install a proposed junction box on the existing sanitary sewer line, furnish and install 60 linear feet of 16-inch (16") PVC C905 sanitary sewer force main from the existing manhole(Sta. 0+00)to the proposed junction box, delete Bid Item#3 (remove and replace existing manhole at Sta. 0+00), and increase the contract time by 10 calendar days. The additional days increases the total contract time to 190 calendar days. The proposed extra work will represent an increase of 17.94% of the original contract amount BACKGROUND The existing Florida Avenue Lift Station rehabilitation project was completed in January 2008. The existing force main transfers the sanitary sewer from the lift station across the drainage ditch and into the sewer line built in the 1950's. The primary goal of the project is to install the sanitary sewer force main to a large diameter main, utilize the pumping capacity of the lift station, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the State. Previous actions include: Resolution 09-118 in the amount of$119,293.60 was passed by City Council on April 28, 2009. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. Sanitary Sewer System Improvements 16-Inch Force Main Florida Avenue Project October 27, 2009 Page 2 of 2 BUDGETARYIMPACT Funds for the project are available in the Capital Program. APPROVAL OP COT,MALI (HAMiL A 1ANGE ORDER No.One DA I F: October-10,2009 PROJ UC 1: Citv 0l'BCJL11n0f1t. ICUs Sanitary ScxNcr S,slerr.Improvemerts 10-Inch Force Main Florida Avenue 0",NER: Cily of Beaumont. I e.%as 80! Main ;trvel Beaumont.7 CV1'.77704 CONTRACTOR: Al co,1.'1'1 t. P.O.Box 1684 Beaumont,Texas 77701-3084 f01 HE OWNER: Approtal of the loll,ming,eornr,tct change is requested. Reason for Change: 110 lijrrisij all ne,:cs:,arn iahor,materials,and equipment to install a proj-,oscd junction ho\tin the existing urnih sewer line nc ir f cct of I 6-inch (16")PVC C905 sanitjr% sewer r 16r"main fifrom the existing and install 60 li manhole(,to () 00)o the proposed 1,041CU011 b0V and delete Rid Item "-;,rcrnme an 1-cpiqcc existing manhole at station rj ORIGINAI,CONTRAC I AMOUNT: 6 119.29;.60 I HIS CIIANGF ORDER iption: Vet Change [ii nish all ncccssaiN laboi,materials,and equipment to install a proposed junction 29,49T00 h,,x on the existing sulliLar\ ;e\cer link, and ilistail(A)linear feet of 16-inc11(16")pv(,('905 sanitary SL-wCl fill-CU 3,10740 Hain holy)01L Cckkr,',11MMholc(Sta.()F00)to the JMQPOsed junction bux. ),'clelc Bid ftcm!,3,rcnto,c and replace existing manhole at Station(),0()- (11.200.00) 1 OTAL AMOCA I'OF'I HIS CIIANCF ORDER 21,404.40 1 Ol'Al,REVISED CONTRACh ANIOUNT INCLUDING TIIIS CHANGE ORDER: S 140,698.00 CONTRA(7 TIME f)riginal Conu icl I imu: 180 Calendar Days AdJitiOnal Mime RC(ILICS(Cd: 10 Calendar f)a\rS Revised Contract I ime per this Change Order: 190 C aictidar Days CONDITION FION OF CHANCE: "Contractor acknowledges and agrees that the adjtrsnncnts in contract price and contract time stipulated in this Change Order represents rill compensation for all increases and decreases in the cost oll and the time required to perfi)m the entire work under the Contract arising direct[, or indirectly, front this Change Order and all previous Change Orders. Acceptance ol'this wJi%(-T 001110WICS an agreement hemeen Owner and Contractor that the Change Order rcpresentri an all jjjCjL..Sivc.mutually UgJCCLJ U[N)n UJiULSIMCM,to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is propcHN executed." Recommended t,y: Approved Fy- Accepted by: 1.1,)yd J.nginccrin,-,,,,Inc. City of Beaumont A 11c,%!,11). Lngincel Cix nor Contractor )a1c: Date: Date: RESOLUTION NO. WHEREAS, on April 28, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-118 awarding a contract in the amount of$119,293.60 to Allco, LTD., Beaumont,Texas,forthe Sanitary Sewer System Improvements 16-Inch Force Main Florida Avenue Project; and, WHEREAS, Change Order No. 1 in the amount of$21,404.40 is required to furnish all necessary labor, materials, and equipment to install a proposed junction box on the existing sanitary sewer line, furnish and install 60 linear feet of 16-inch (16") PVC C905 sanitary sewer force main from the existing manhole (Sta. 0+00) to the proposed junction box, delete Bid Item #3 (remove and replace existing manhole at Sta. 0+00), thereby increasing the contract time by ten (10) calendar days and the total contract amount to $140,698. 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. 1 for"extra work"described above, thereby increasing the contract time by ten (10) calendar days and the contract amount by $21,404.40, for a total contract amount of $140,698. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - 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 Office MEETING DATE: October 27, 2009 REQUESTED ACTION: Council consider a resolution requesting a change in investment authority for the City of Beaumont. RECOMMENDATION Administration requests approval to delete Kandy Daniel as a designated investment official for the City of Beaumont effective October 27, 2009. BACKGROUND State law mandates the City Council designate one or more officers or employees as investment officials to be responsible for the investment of funds consistent with the City's adopted investment policy. The City Manager, who by authority of the City Charter is responsible for all investments of the City, can delegate explicit authority to other individuals to invest the City's funds on a day to day basis. Investment officials shall not deposit, withdraw, transfer or manage the funds of the City of Beaumont in a manner that is not consistent with the "prudent person" standard. In June of 2008, Kandy Daniel retired from the City and through several resolutions was removed as an investment official for TexPool, Logic, and Texas Daily pool accounts and was removed as a signatory for the City's current and future depositories. Inadvertently, Ms. Daniel was not removed as an overall investment official. BUDGETARYIMPACT None RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kandy Daniel, previously a designated investment officer for the City of Beaumont is hereby relieved and removed of said designation. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - G r T . E . X • A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager y� PREPARED BY: Laura Clark, Chief Financial Officer*`) MEETING DATE: October 27, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to enter into a memorandum of understanding with Christus St. Elizabeth Hospital for the Hospital to make application of grant funding through the Pre-Disaster Mitigation Program (PDM) and the Port Security Grant Program (PSGP). RECOMMENDATION Administration recommends approval. BACKGROUND Federal funding is available for eligible applicants or non-profit agencies who work through an eligible agency to facilitate the grant process. Christus St. Elizabeth Hospital is an eligible applicant but is prohibited from applying for federal grant funding without the City of Beaumont, an eligible agency, facilitating the process. Christus St. Elizabeth Hospital has identified specific projects that would qualify for federal funding. Through the Pre-Disaster Mitigation Program, St. Elizabeth would construct flood walls and flood prevention gates to prevent flooding of the emergency room, which also houses the only Level III trauma center in the region. This project cost is estimated at $263,919. Funds from the Port Security Grant Program would provide a truck capable of pulling their mobile hospital trailer estimated to be $76,000, and purchase a surveillance system for public areas of the hospital for approximately $729,240. The citizens of Beaumont and this region will directly benefit through these mitigation projects if the hospital receives the funding. The memorandum of understanding formally describes each party's responsibilities. The agreement is attached for your review. BUDGETARY IMPACT The City will have no financial obligation due to facilitating the grant for Christus St. Elizabeth Hospital. St. Elizabeth will provide any local match required under the guidelines of the respective grant programs. 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 enter into a memorandum of understanding with Christus St. Elizabeth Hospital for the Hospital to make application of grant funding through the Pre-Disaster Mitigation Program (PDM) and the Port Security Grant Program (PSGP). 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 27th day of October, 2009. - Mayor Becky Ames - MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BEAUMONT AND CHRISTUS SAINT ELIZABETH HOSPITAL This Memorandum of Understanding ("MOU") entered into and effective this 30th day of October, 2009 ("Effective Date") by and between the City of Beaumont, a municipal corporation of the State of Texas (City of Beaumont) and the Christus Saint Elizabeth Hospital (St. Elizabeth). Hereinafter individually may be referred to as a"Party" and collectively as the "Parties". This MOU describes each party's responsibilities and duties as it pertains to the City of Beaumont, a member of the Sabine-Neches Area Maritime Security Committee and designated provider of Layered Security within the Eligible Port Area under the AMSP to represent St. Elizabeth Hospital in applying for a Port Security Grant. Additionally, Beaumont would facilitate a Pre-Disaster Mitigation Grant on behalf of St. Elizabeth. Federal funding is available for eligible applicants or non-profit agencies who work through an eligible agency to facilitate the grant. This document addresses the relationships between and among the parties and is intended to augment current working relationships. This MOU provides the framework for St. Elizabeth Hospital to request federal funding assistance for specific projects, for the following purposes to include: Through the Pre-Disaster Mitigation Program (PDM), St. Elizabeth would construct flood walls and flood prevention gates to prevent flooding of the emergency room at their Beaumont facility; Funding through the Port Security Grant Program(PSGP) would be requested to provide a truck capable of pulling the mobile hospital trailer currently stationed at St. Elizabeth to expand regional capabilities in the event of a CBRNE incident and would provide a video surveillance system for public areas of the hospital. St. Elizabeth has the only Level III Trauma Center in our region which stretches from Houston to Baton Rouge. As such, the hospital plays a viable role in layered security through its partnership with the City of Beaumont. By signing this Memorandum of Understanding each party is evidencing its intent to abide by the terms of the MOU in the event grant funding is requested or awarded. The terms of this MOU are to be incorporated into the City of Beaumont's and St. Elizabeth's emergency management plans. NOW THEREFORE, in consideration of the premises and mutual understandings contained herein, the parties to this MOU understand and agree as follows: 1. PURPOSE: This MOU outlines actions of the City of Beaumont as a Consortium within the Sabine-Neches AMSC for sponsoring St. Elizabeth Hospital in obtaining grant funding in accordance with this MOU and grant eligibility regulations. This written memorandum supports emergency preparedness and facilitates request for federal assistance through the Department of Homeland Security. EXHIBIT "A" 2. AUTHORITY: Approval by the City of Beaumont City Manager, Beaumont Police Department Chief of Police, and St. Elizabeth Administration. 3. GENERAL: a. SCOPE: This MOU provides documentation for support between the City of Beaumont and St. Elizabeth Hospital and MOUs herein apply only to the participating parties and are not intended to supersede existing regulations or MOUs pertaining to other and different subjects. If any term of this MOU is inconsistent with applicable laws, regulations or statutes, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect. b. ASSUMPTIONS: (1) The City of Beaumont will facilitate the Pre-Disaster Mitigation Grant application on behalf of St. Elizabeth Hospital for a flood mitigation project to protect the Emergency Room from flooding. This project is estimated to cost $263,929. (2) The City of Beaumont will represent the Sabine-Neches AMSC to support St. Elizabeth Hospital for a grant application under the Port Security Grant if approved in line with the Area Maritime Security Committee and City of Beaumont priority projects. The vehicle request is estimated at $76,000 and the surveillance project is estimated to cost $729,240. (3) St. Elizabeth Hospital will provide any local funding match required under the guidelines of the respective grant programs. This is expected to be 25% of the total project cost for both grants. (4) St. Elizabeth Hospital will provide the Beaumont Police Department and/or its designee unrestricted access to any video surveillance conducted through the system infrastructure funded through the grant program in accordance with layered security. (5) St. Elizabeth Hospital will provide all necessary documentation for the respective grants in an appropriate timeframe to comply with the official grant application processes. , (6) St. Elizabeth Hospital will process all allowable funding and reporting guidelines in accordance with grant guidelines, and will provide a copy of all such reports to the City of Beaumont for financial accountability. (7) St. Elizabeth Hospital will maintain maintenance on the funded projects in accordance with grant funding guidelines. 4. LOGISTIC SUPPORT: (1) PLANS: There will be no additional plans to accompany this MOU. (2) MAINTENANCE: Both parties will be responsible for maintenance of their respective obligations. (3) MANPOWER: Both Parties will be required to supply its own manpower in facilitating the grant process. 5. OPERATIONAL SUPPORT: Operational support is anticipated for gaining access to real-time surveillance footage and maintaining grant and funding accountability. 6. MOU AND ADMINISTRATION: This MOU is effective immediately upon signature by all parties and will only be terminated only after legal restrictions on grant funded projects have been met or unless earlier terminated as provided for herein. 7. AMENDMENT AND ASSIGNMENT. This MOU shall not be modified or amended in any respect except by written MOU executed by the City of Beaumont and St. Elizabeth Hospital administration in the same manner as this MOU is executed. This MOU shall not be assigned, directly or indirectly, by the City of Beaumont. Any attempted assignment by the City of Beaumont shall be void and of no force or effect. 8. AGREEMENT AND ADMINISTRATION: This Memorandum of Agreement is effective immediately upon signature by all parties and will only be terminated after one party notifies the other party 30 days in advance requesting termination. The Memorandum of Agreement will be reviewed every two years from the effective date. 9. INDEPENDENT CONTRACTOR: The parties acknowledge that the relationship of the City of Beaumont and St. Elizabeth is that of independent Contractor, and that nothing contained in this agreement shall be construed to place St. Elizabeth and the City of Beaumont in the relationship of principle and agent, master and servant, partners or joint ventures. 10. POINTS OF CONTACT • Beaumont Police Department, Tim Ocnaschek, Emergency Management Coordinator/POC, 700 Orleans, Beaumont, Texas 77701. Phone numbers:work (409) 980-7275 or (24/7 Dispatch- (409) 880-3865; email: tcnaschek @ci.beaumont.tx.us. Christus St. Elizabeth Hospital, Pat Briggs, Director of Security, 2830 Calder, Beaumont, Texas 77702; Phone numbers: (409) 899-7055; email jack.briggs(?christushealth.org. APPROVED BY: Kyle Hayes, City Manager Date City of Beaumont Ellen Jones , Chief Executive Officer Date Christus Saint Elizabeth Hospital RICH WITH OPPORTUNITY r A,[I 1�1 011 T • E a X • A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER OCTOBER 27, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Recognize Service Award Recipients * Public Comment: Persons may speak on scheduled agenda items 5 and 6/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request for an HC-L (Historic Cultural Landmark Preservation) Designation at 407 7th Street 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2) District and a specific use permit to allow a self-storage warehouse facility in a GC-MD-2 District on Pinchback Road 3. Consider a request for a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 8035 Voth Road 4. Consider a request for a specific use permit to allow a law office in an RCR-H (Residential Conservation and Revitalization) District at 2535 North Street 5. Consider a request for an abandonment of easements along State Highway 124 and down the center of the previously abandoned Hebert Street 6. Consider approving a change order and authorizing final payment for the Rolfe Christopher Pavement Improvement Project 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: Tina Lewallen v. City of Beaumont Clifford Teasley v. City of Beaumont Derrick Newman v. Todd Burke, 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 October 27, 2009 Consider a request for an HC-L (Historic Cultural Landmark Preservation) Designation at 407 7`' Street RICH WITH OPPORTUNITY 11EM ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CSa PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 27, 2009 REQU&'TED ACTION: Counc'1 consider a request `or an HC-L (Historic Cultural Landmark Preservation) Designation at 407 7`h Street. RECOMMENDATION The Administration recommends denial of the HC-L Designation. BACKGROUND Tom Hinson has applied for the HC-L Designation. The structure was constructed c. 1906 and is of the Neoclassical style. The house was originally occupied by Leonidas H. Parish and his wife Martha. Mr. Parish was the Vice-President of the French Market Grocery Co. Through the years the house has been home to a number of professionals who worked for prominent companies in Beaumont, including Petroleum Iron Works, Shepherd Laundry, Missouri Pacific Lines and Magnolia Petroleum Company. The 1989 SPARE Beaumont survey states that the structure is one of Beaumont's better examples of the Neoclassical style and is representative of upper middle-class housing built in Beaumont after the first Spindletop boom. The 1977 SPARE Beaumont survey qualifies the structure as being of local historical significance. The structure is currently vacant and in bad repair. The City of Beaumont tagged the structure as substandard in June, 2007. In September, 2008, the Historic Landmark Commission approved a certificate of appropriateness to allow the demolition of the structure. Granting the historic designation would give Mr. Hinson two years to complete the restoration. Mr. Hinson acquired the property in 2008 with the intention of restoring it. On August 25, 2008, Mr. Hinson was granted a Temporary Injunction to prohibit the City of Beaumont from proceeding with the demolition for 150 days and to allow Mr. Hinson to bring the structure into compliance with city codes and to obtain a certificate of occupancy. The 150 days expired on January 25, 2009. The only building permit that Mr. Hinson has received is an Ike commercial reroof that was issued on December 12, 2008. No other permits have been issued. In the packet that Mr. Hinson submitted, he states that he will reroof the structure (which has been done); replace and repair all windows; reinforce the foundation, where necessary; bring the electrical wiring up to city code; repair/replace plumbing and renovate the interior as needed. Due to the fact that Mr. Hinson did not complete the renovation and did not receive a certificate of occupancy within the time frame required by the Temporary Injunction, the Planning Manager has doubts that the structure will be brought up to code. The property continues to be an eyesore and detriment to the neighborhood. On September 12, 2009, the Historic Landmark Commission recommended denial by a vote of 5:2. At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended 4:2 to den; the HC-L Designation. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 407 7'h STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by establishing an HC-L (Historical-Cultural Landmark Preservation) Designation for property located at 407 7th Street, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - File 53-HC: Request for an HC-L (Historic Cultural Landmark Preservation) Designation. Location: 407 7'h Street Applicant: Tom Hinson 0 50 100 200 Feet i I I ULGC-ME Legend GC-MD V17 53HC CALDER AVE GC-MD GC-MD RCR-H RCR-H -4 BROADWAY ST I RMH RCR-H I � I I EXHIBIT "A" 2 October 27, 2009 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a self-storage warehouse facility in a GC-MD-2 District on Pinchback Road RICH WITH OPPORTUNITY 17L Ai � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C sty PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 27, 2009 REQUF ITED ACTION: Council consider a request `or a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a self-storage warehouse facility in a GC-MD-2 District on Pinchback Road. RECOMMENDATION The Administration recommends approval of the zone change and the specific use permit subject to the following conditions: • Provide a underground drainage system with outfall to the DD#6 drainage ditch. • The building setbacks along the north and south property lines shall be a minimum of 20 feet or a variance to the setback requirements must be granted by the Board of Adjustment. • An 8 foot tall wood screening fence and a 10 foot wide landscape strip shall be installed around the single family property that is surrounded by the subject property. • Directional lighting shall be used to minimize the impact on surrounding residential properties. and with a modification to the landscaping/screening requirements along the north, south and west property lines (no 8 foot fence or 10 foot landscape strip). BACKGROUND Fittz and Shipman has applied for the zone change and specific use permit. Austin Dishman, the property owner, proposes to construct approximately 321 storage units in over 211,000 sq. ft. of building area. The project will be phased with 143 storage units being constructed in 96,525 sq. ft. of building space in Phase One. The remaining storage units and an office for the warehouses will be constructed as the demand warrants. Mr. Dishman indicates that there will typically be 8-10 persons per day visiting the facility. Two 30 foot wide driveways will be constructed with access to Pinchback Road. The property is surrounded by 100 foot wide railroad rights-of-way on the north and south sides. An 80' wide DD#6 drainage runs along the west side of the property. At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended 6:0 to approve the zone change and specific use permit subject to the following conditions: • Provide a underground drainage system with outfall to the DD#6 drainage ditch. • The building setbacks along the north and south property lines shall be a minimum of 20 feet or a variance to the setback requirements must be granted by the Board of Adjustment. • An 8 foot tall wood screening fence and a 10 foot wide landscape strip shall be installed around the single family property that is surrounded by the subject property. • Directiona, lighting shall be used to minimize the impact on surrounding residential properties. and with a modification to the landscaping/screening requirements along the north, south and west property lines (no 8 foot fence or 10 foot landscape strip). BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF PINCHBACK ROAD, BETWEEN THE MISSOURI PACIFIC RAILROAD AND THE T. & N.O. RAILROAD TRACKS , IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the West side of Pinchback Road, between the Missouri Pacific Railroad and the T. & N.O. Railroad tracks, as described in Exhibit"A" and shown on Exhibit"B"attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a %Z" iron rod found in the southerly right-of-way line of the Missouri Pacific Railroad for the east corner of said Lot 13, the north corner of Lot 14 of said Forest Park Addition Replat and the northwest comer of the said 12.05 and 13.32 acre tracts from which a 5/8" iron rod found for the north corner of said Lot 13 bears North 51°36'00" East 288.37 feet (called North 51°36'00" West 288.32 feet); THENCE South 51°36'00" East along the said southerly right-of-way line of the Missouri Pacific Railroad and the northerly line of the said 12.05 and 13.32 acre tracts a distance of 317.64 feet (called South 51°36'00" East 317.64 feet) to a Y2" capped iron rod set for the PC of a curve; THENCE continuing along the said southerly right-of-way line of the Missouri Pacific Railroad and the said northerly line of the 12.05, 1.2617 and 13.32 acre tracts with a curve to the left, having a chord bearing of South 59°49'12" East, a chord distance of 803.20 feet and a radius of 2914.79 feet, a distance along the curve of 805.76 feet to a point in the west right-of-way line of Pinchback Road for the northeast comer of the said 1.2617 and 13.32 acre tracts; THENCE South 00°16'44" West along the said west right-of-way line of Pinchback Road, the east line of the said 1.2617 acre tract and the most easterly east line of the said 13.32 acre tract a distance of 112.16 feet (called South 00°13'22" West 109.77 feet) to a %" iron rod found for the northeast corner of a called 0.32 acre tract conveyed to Jefferson County DD#6 as recorded in Volume 1267, Page 351 of the Deed Records of Jefferson County, Texas, the southeast corner of the said 1.2617 acre tract and an exterior corner of the said 13.32 acre tract; THENCE South 88°07'48" West along the north line of the said 0.32 acre tract, the south line of the said 1.2617 acre tract and an interior line of the said 13.32 acres tract a distance of 299.69 feet(called South 87°39'28" West 299.96 feet) to a capped iron rod found in an east line of the said 12.05 acre tract for the southwest comer of the said 1.2617 acre tract, the northwest corner of the said 0.32 acre tract and an interior corner of the said 13.32 acre tract; THENCE South 00°22'43" West along the west line of the said 0.32 acre tract and a called 0.608 acre tract conveyed to H.W. Goodman as recorded in Volume 1051, Page 493 of the Deed Records of Jefferson County, Texas being an east line of the said 12.05 acre tract a distance of 209.75 feet (called South 00°22'43" West) to a %z" capped iron rod set for the southwest corner of the said 0.608 acre tract and an interior corner of the said 12.05 and 13.32 acre tracts; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE North 81'56'33" East along the south line of the said 0.608 acre tract and in interior line of the said 12.05 and 13.32 acre tracts a distance of 302.26 feet(called North 81°56'33" East 302.26 feet)to a %2" capped iron rod set in the said west right-of-way line of Pinchback Road for the southeast corner of the said 0.608 acre tract and an exterior corner of the said 12.05 and 13.32 acre tracts from which a Y2" iron rod found for the southeast corner of the said 1.2617 acre tract bears North 00°31'41" East 177.16 feet; THENCE South 00°31'41" West along the said west right-of-way line of Pinchback Road, an east line of the said 12.05 and 13.32 acre tracts a distance of 52.03 feet(called South 00°31'41" West 52.03 feet) to a y2" capped iron rod set in the north right-of-way line of the T. &N. O. Railroad for the southeast comer of the said 12.05 and 13.32 acre tracts from which a %2" iron rod found at the intersection of the said west right-of-way line of Pinchback Road and the south right-of-way line of the said T. &N. O. Railroad bears South 00°31'41" West 10 1.13 feet; THENCE South 81°56'42" West along the said north right-of-way line of the T. &N. O. Railroad and the south line of the said 12.05 and 13.32 acre tracts, at a distance of 916.22 feet pass a %2" capped iron rod set for reference, and continuing a total distance of 956.65 feet (called South 81°56'33" West 956.65 feet) to a point for the southeast corner of Forest Park Addition, a plat recorded in Volume 10, Page 101 of the Map Records of Jefferson County, Texas and the southwest corner of the said 12.05 and 13.32 acre tracts; THENCE North 00°21'06" East along the east line of said Forest Park Addition and the west line of the said 12.05 and 13.32 acre tracts a distance of 607.98 feet (called North 00°21'06" East 607.98 feet) to a %2" iron rod found for an angle point; THENCE North 00°21'06" East continuing along the said east line of the Forest Park Addition, the east line of the said Forest Park Addition Replat and the said west line of the 12.05 and 13.32 acre tracts a distance of 468.53 feet (called North 00°21'06" East 468.53 feet) to the POINT OF BEGINNING and containing 13.32 acres of land, more or less. __ I File 2002- Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2(General Commercial Multiple Family Dwelling-2) District and a specific use permit to allow a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: West side.of Pinchback Road, between the two railroads Applicant: Fittz &Shipman, Inc. 0 50 100 200 300 400 Feet GC-MD Gc=MDCALDER AVE G2 RM-H Legend 2002ZP GC-MD G2 RM-H RM-H Z n 2 W' R-S � A, p R-S m X LI LI 1 EXHIBIT "B" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SELF-STORAGE WAREHOUSE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED ON THE WEST SIDE OF PINCHBACK ROAD, BETWEEN THE MISSOURI PACIFIC RAILROAD AND THE T. & N.O. RAILROAD TRACKS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Fitz and Shipman to allow a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the West side of Pinchback Road, between the Missouri Pacific Railroad and the T. & N.O. Railroad tracks, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the West side of Pinchback Road, between the Missouri Pacific Railroad and the T. & N.O. Railroad tracks, as described in Exhibit"A" and shown on Exhibit"B" attached hereto and made a part hereof for all purposes, is hereby granted to Fitz and Shipman, their legal representatives, successors and assigns, subject to the following conditions: • Provide an underground drainage system with outfall to the DD#6 drainage d itch. • The building setbacks along the north and south property lines shall be a minimum of 20 feet or a variance to the setback requirements must be granted by the Board of Adjustment. • An 8-foot tall wood screening fence and a 10-foot wide landscape strip shall be installed around the single family property that is surrounded by the subject property. • Directional lighting shall be used to minimize the impact on surrounding residential properties. • Modification to the landscaping/screening requirements along the north, south and west property lines (no 8-foot fence or 10-foot landscape strip). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a %2" iron rod found in the southerly right-of-way line of the Missouri Pacific Railroad for the east corner of said Lot 13, the north corner of Lot 14 of said Forest Park Addition Replat and the northwest corner of the said 12.05 and 13.32 acre tracts from which a 5/8" iron rod found for the north corner of said Lot 13 bears North 51°36'00" East 288.37 feet (called North 51°36'00" West 288.32 feet); THENCE South 51036'00" East along the said southerly right-of-way line of the Missouri Pacific Railroad and the northerly line of the said 12.05 and 13.32 acre tracts a distance of 317.64 feet (called South 51'36'00" East 317.64 feet) to a %2" capped iron rod set for the PC of a curve; THENCE continuing along the said southerly right-of-way line of the Missouri Pacific Railroad and the said northerly line of the 12.05, 1.2617 and 13.32 acre tracts with a curve to the left, having a chord bearing of South 59°49'12" East, a chord distance of 803.20 feet and a radius of 2914.79 feet, a distance along the curve of 805.76 feet to a point in the west right-of-way line of Pinchback Road for the northeast corner of the said 1.2617 and 13.32 acre tracts; THENCE South 00°16'44" West along the said west right-of-way line of Pinchback Road, the east line of the said 1.2617 acre tract and the most easterly east line of the said 13.32 acre tract a distance of 112.16 feet (called South 00°13'22" West 109.77 feet) to a 1/2" iron rod found for the northeast corner of a called 0.32 acre tract conveyed to Jefferson County DD#6 as recorded in Volume 1267, Page 351 of the Deed Records of Jefferson County, Texas, the southeast corner of the said 1.2617 acre tract and an exterior corner of the said 13.32 acre tract; THENCE South 88°07'48" West along the north line of the said 0.32 acre tract, the south line of the said 1.2617 acre tract and an interior line of the said 13.32 acres tract a distance of 299.69 feet (called South 87°39'28" West 299.96 feet) to a capped iron rod found in an east line of the said 12.05 acre tract for the southwest corner of the said 1.2617 acre tract, the northwest corner of the said 0.32 acre tract and an interior corner of the said 13.32 acre tract; THENCE South 00°22'43" West along the west line of the said 0.32 acre tract and a called 0.608 acre tract conveyed to H.W. Goodman as recorded in Volume 1051, Page 493 of the Deed Records of Jefferson County, Texas being an east line of the said 12.05 acre tract a distance of 209.75 feet (called South 00°22'43" West) to a %2" capped iron rod set for the southwest corner of the said 0.608 acre tract and an interior corner of the said 12.05 and 13.32 acre tracts; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE North 81°56'33" East along the south line of the said 0.608 acre tract and in interior line of the said 12.05 and 13.32 acre tracts a distance of 302.26 feet(called North 81'56'33" East 302.26 feet) to a %" capped iron rod set in the said west right-of-way line of Pinchback Road for the southeast corner of the said 0.608 acre tract and an exterior corner of the said 12.05 and 13.32 acre tracts from which a %2" iron rod found for the southeast corner of the said 1.2617 acre tract bears North 00°31'41" East 177.16 feet; THENCE South 00°31'41" West along the said west right-of-way line of Pinchback Road, an east line of the said 12.05 and 13.32 acre tracts a distance of 52.03 feet (called South 00°31'41" West 52.03 feet) to a %2" capped iron rod set in the north right-of-way line of the T. &N. O. Railroad for the southeast corner of the said 12.05 and 13.32 acre tracts from which a %" iron rod found at the intersection of the said west right-of-way line of Pinchback Road and the south right-of-way line of the said T. &N. O. Railroad bears South 00°31'41" West 101.13 feet; THENCE South 81°56'42" West along the said north right-of-way line of the T. &N. O. Railroad and the south line of the said 12.05 and 13.32 acre tracts, at a distance of 916.22 feet pass a %" capped iron rod set for reference, and continuing a total distance of 956.65 feet (called South 81°56'33" West 956.65 feet) to a point for the southeast corner of Forest Park Addition, a plat recorded in Volume 10, Page 101 of the Map Records of Jefferson County, Texas and the southwest corner of the said 12.05 and 13.32 acre tracts; THENCE North 00°21'06" East along the east line of said Forest Park Addition and the west line of the said 12.05 and 13.32 acre tracts a distance of 607.98 feet (called North 00°21'06" East 607.98 feet) to a %" iron rod found for an angle point; THENCE North 00°21'06" East continuing along the said east line of the Forest Park Addition, the east line of the said Forest Park Addition Replat and the said west line of the 12.05 and 13.32 acre tracts a distance of 468.53 feet (called North 00°21'06" East 468.53 feet) to the POINT OF BEGINNING and containing 13.32 acres of land, more or less. File 2 2-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: West side,of Pinchback Road, between the two railroads pplicant: Fittz & Shipman, Inc. 0 50 100 200 300 400 Feet GC-MD GC-MD CALDER AVE G2 RM-H—_ Legend 2002ZP GC-MD G2 RM-H RM-H Z n 2 W' R-S n p R-S � rn I � v A LI EX IBIT `B" * Approval subject to the following conditions: - • Provide a underground drainage system with outfall to the DD#6 drainage ditch. • The building setbacks along the north and south property lines shall be a minimum of 20 feet or a variance to the setback requirements must be granted by the Board of Adjustment. • An 8 foot tall wood screening fence and a 10 foot wide landscape strip shall be installed around the single family property that is surrounded by the subject property. • Directional lighting shall be used to minimize the impact on surrounding residential properties. and with a modification to the landscaping/screening requirements along the north, south and west property lines(no 8 foot fence or 10 foot landscape strip). us if ro$ n }yr �vv E€' i s C! i ———— —i sR ——c 'i � '� 'q� EI� '`• sle i i ti •� 1 II 8 f 1 1 1 . i e 1 ` 1 i= 1 1 EaEv E ,i I 1 1 111 q��� fl,s yell � 1 IEI a� ilk 1 E i� } 3 ;a EXHIBIT "C" Site Plan Dishman Storage Buildings �a `m Me Pinchback Road 3 October 27, 2009 Consider a request for a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 8035 Voth Road RICH WITH OPPORTUNITY r ► T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C>3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 27, 2009 REQUESTED ACTION: Coirlcil consider a request for a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 8035 Voth Road. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • The mother-in-law quarters will not be leased. • The mother-in-law quarters shall not be on a separate electrical meter. BACKGROUND Dave and Faye Hofferth have applied for the specific use permit. Mr. and Mrs. Hofferth state that the structure would be a 16' x 32' single story residence for Ms. Hofferth's 75 year old mother, Joyce Mitchell. Ms. Mitchell is recently widowed and lives by herself. While she is currently independent, she does have several medical issues. Living in separate quarters on the property would enable Ms. Hofferth to look after her mother while providing her mother with some amount of privacy and independence. At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended 6:0 to approve the specific use permit subject to the following conditions: • The mother-L.-law quarters will not be leased. • The mother-in-law quarters shall not be on a separate electrical meter. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTHER-IN-LAW QUARTERS IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 8035 VOTH ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Dave and Faye Hofferth to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District located at 8035 Voth Road, being Tract 38-G, Plat RS4, W. B. Dyches Survey, Abstract 17, City of Beaumont, Jefferson County, Texas, containing 1.002 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District located at 8035 Voth Road, being Tract 38-G, Plat RS4, W. B. Dyches Survey, Abstract 17, City of Beaumont, Jefferson County, Texas, containing 1.002 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Dave and Faye Hofferth, their legal representatives, successors and assigns, subject to the following conditions: • The mother-in-law quarters will not be leased. • The mother-in-law quarters shall not be on a separate electrical meter. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - i He 2003-P: Request for a specific use permit to allow a mother-in-law quarters in an RS Residential Single Family Dwelling) District. ocation: 8035 Voth Road Applicant: David and Faye Hofferth 0 50 100 200 300 400 Feet IAII i I I I I \ Legend 2003P R-S \ \ LI �r GRIFFING RD O�Q GC-MD ANA O; T y N� LI ZZ R-S \ EXHIBIT "A" o x C1i � s � * Approval subject to the following conditions: • The mother-in-law quarters will not be leased. • The mother-in-law quarters shall not be on a separate electrical meter. M X z too 4 October 27, 2009 Consider a request for a specific use permit to allow a law office in an RCR-H (Residential Conservation and Revitalization) District at 2535 North Street RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C5f> PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 27, 2009 REQUESTED ACTION: Council consider a request for a specific use permit to allow a law office in an RCR-H (Residential Conservation and Revitalization) District at 2535 North Street. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following condition: • Parking space#5 shall be made ADA compliant and with a modification to the landscaping/screening requirements along the east, west and south property lines (6' tall wood screening fence and no landscape strip along the east and south property lines and a 4' tall chain link fence and no landscape strip along the west property line). BACKGROUND Bruce A. Hoffer has applied for the specific use permit. Mr. Hoffer states that the hours of operation for the law office will be from 8:00 a.m. - 5:00 p.m., Monday through Friday. The purpose of the law office will be for consultation with individual clients and for purposes of research and writing of the necessary legal documents for clients. The 2500 Block of North is a mix of uses including single family residences, apartments and commercial uses. At 2555 North, there is another attorney's office. At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended 6:0 to approve the specific use permit subject to the following condition: • Parking space#5 shall be made ADA compliant and with a modification to the landscaping/screening requirements along the east,west and south property lines (6' tall wood screening fence and no landscape strip along the east and south property lines and a 4' tall chain link fence and no landscape strip along the west property line). BUDGETARY IMPACT None. I ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAW OFFICE IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT LOCATED AT 2535 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Bruce A. Hoffer to allow a law office in an RCR-H (Residential Conservation and Revitalization-H) District located at 2535 North Street, being Lot 5, Block 43, Averill Addition, City of Beaumont,Jefferson County,Texas, containing 0.172 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a law office in an RCR-H (Residential Conservation and Revitalization-H) District located at 2535 North, being Lot 5, Block 43, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Bruce A. Hoffer, his legal representatives, successors and assigns, subject to the following conditions: • Parking space #5 shall be made ADA compliant; • Modify the landscaping/screening requirements along the east, west and south property lines (6' tall wood screening fence and no landscape strip along the east and south property lines and a 4' tall chain link fence and no landscape strip along the west property line). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - File 2004-P: Request for a specific use permit to allow a law office in an RCR-H (Residential Conservation and Revitalization-H) District. Location: 2535 North Applicant: Bruce A. Hoffer 0 50 100 200 Feet Legend I 2004P R-S � I TRCR-H RCR-H NORTH ST cc X RCR IH RCR=H MCFADDIN AVE RCR-H RCR-H —GC-MD EXHIBIT "A" r f ! 9TH SrrnEET (60' ROW) ` xg Of �: .,■ � :�ii� '.. 4 , }d !.'L�+ }cif+r� yr .•I r- �^ (CALL 150.00') g�' FND S00 01 31 E 150,00 _ lose I NIR 10.2 spa g fV 2919 zo.s WP _ t� N 16.a 0.34' a FND N0 00 1'31"W 15 4 �- (CALL 130.00) M MIM i;�i;gr.::.: �. ,�. :•: � "' O — '' ..t.',•r i;� t,.•S;c1 :mss .. ..,...?1'i:;;�:.: Approval subject to • lowing condition: PP .1 the ion: � -' —1 "`r' Parkin shall be made ADA compliant ?.•�^%M 11'l ',^,i `•;;.5 space#5 sh 1 ',! '41 .�^ ;' !� �! 4'i'yf>• <and with a modification to the landscaping/screening requirements along the east west and ',ii; •'�.•^.�:�•:�i'i:.•::�:Si9.�1�;ji` � + .t,•i�`' •a� r� south property hlines(6'tall wood screening fence and no landscape strip along the east and +�if ^t1K:1''; south property lines and a 4'tall chain link fence and no landscape strip along the west property line). 5 October 27,2009 Consider a request for an abandonment of easements along State Highway 124 and down the center of the previously abandoned Hebert Street RICH WITH OPPORTUNITY [I III Ai � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager LSn PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 27, 2009 REQUESTED ACTION: L>>uncil consider a request for an abandonment of easements along State Highway 124 and down the center of the previously abandoned Hebert Street. RECOMMENDATION The Administration recommends approval of abandoning the 15 foot wide utility easement in the abandoned portion of Hebert Street and denial of abandoning the 20 foot wide utility easement along the south side of Fannett Road. BACKGROUND Cathedral of Faith Baptist Church has applied for the abandonment of a 15 foot wide utility easement located in the middle of an abandoned portion of Hebert Street and a 20 foot wide utility easement along the south side of Fannett Road (Hwy. 124). Cathedral of Faith Baptist Church owns the property on either side of the abandoned Hebert Street and to the south of the easement along Fannett. The church would like to construct a new parking lot across the subject property. This item was sent to all interested parties. City of Beaumont Water Utilities has a 6" sanitary sewer main within the 15 foot wide utility easement located in the abandoned Hebert Street. There is a 48" sanitary sewer main and an 8" water main located within the 20 foot wide easement on the south side of Fannett Road. Water Utilities does not object to the abandonment of the 15 foot easement. However, Water Utilities does object to the abandonment of the 20 foot easement. At a Regular Meeting held October 19, 2009, the Planning Commission recommended 7:0 to approve abandoning the 15 foot wide utility easement in the abandoned portion of Hebert Street and denial of abandoning the 20 foot wide utility easement along the south side of Fannett Road. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLEDAN ORDINANCE VACATING AND ABANDONING A FIFTEEN-FOOT (15') WIDE UTILITY EASEMENT IN THE ABANDONED PORTION OF HEBERT STREET LOCATED BETWEEN FANNETT ROAD AND DELORES STREET;AND A TWENTY-FOOT (20') WIDE UTILITY EASEMENT LOCATED ADJACENT TO THE SOUTH SIDE OF FANNETT ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 15' x 210' utility easement located in the middle of an abandoned portion of Hebert Street as abandoned by Ord. 80-65 and being located between Fannett Road and Dolores Street, City of Beaumont, Jefferson County, Texas, containing 0.072 acres, more or less, and a 20'wide utility easement located adjacent to the south side of Fannett Road and crossing Lots 2-9 and all of Lot 5, Block 29, West Oakland Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same are hereby vacated and abandoned and that title to such properties shall revert to and become the property of the persons entitled thereto, as provided by law PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2009. - Mayor Becky Ames - v q File 749-0B: Request to abandon easements along State.Hwy 124 and along the center of he previously abandoned Hebert Street. Location: Near 3755 Fannett Road Applicant: Delbert A.Mack Sr. h SUED �-- / 11 G"C 0.SE0 Qy h'�`P`' Ba1LDII16 AS LOCgT tD ON 1N I OLO ARRIA i. PHorn vRAnH / (7 / E ocI-e e9 r 1-,>.�,'� WEST OAKL�fNO I AOD/T/oN m _ .: Tf?A CT / / Mr F.q OOwy TRUST MRO � EASCaw/rvT ' 6 October 27, 2009 Consider approving a change order and authorizing final payment for the Rolfe Christopher Pavement Improvement Project RICH WITH OPPORTUNITY 11EA, ( 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: October 27, 2009 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No.3 in the amount of($231,507.83) and final payment in the amount of$284,294.88 for the Rolfe Christopher Pavement Improvement Project. RECOMMENDATION Administration recommends approval of Change Order No. 3, in the amount of ($231,507.83), for adjusting estimated construction quantities to match quantities actually used during the performance of the project and to authorize final payment in the amount of $284,294.88 to Allco, LTD. BACKGROUND 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 22, 2008 increasing the contract amount to $5,691,098.58 and Change Order No. 2, in the amount of$226,306.93, was approved by Council on July 14, 2009 increasing the contract amount to $5,917,405.51. Due to a decrease in the construction quantities, Change Order No. 3, in the amount of ($231,507.83), is required to adjust the estimated quantities used during the performance of the project decreasing the contract amount to $5,685,897.68. The MBE participation in the performance of the contract totals $1,139,389.32, representing 20.04% of the final contract amount. A copy of Schedule C identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT Funds are available in the Capital Program. CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION NAME:Rolfe Christopher Drive CERTIFIED MBE ADDRESS TYPE OF WORK AGREED PRICE CONTRACTOR Kellystone,, Inc. PO Box I237 Brick Pavers $6,441.00 Elgin,TX 78621 PO Box 8028 Sod S35,720.00 American Remediation Opt. Lumberton, TX 77657 Highway Pavement Spec. PO Box 38231 Sawing and Sealing $33,340.00 Houston. TX 77238 PO Box 20195 Signage,Barricades,and $29,506.00 Crabtree Barricades Beaumont,TX 77720 striping PO Box 908 Inlets,Box and storm $303,867.00 FEH Construction Vidor,TX 77670 Manholes 1036 Darst Road $10,022.50 EZ Curb Beasley,TX 77417 Curb DustroI PO Box 1728 $9000.00 Roanoke,TX 76262 Milling The undersigned will enter into a formal agreement with MBE Contractors for work Iisted in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. This schedule should be submitted with your bid. CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION NAME:Rolfe Christopher Drive CERTIFIED MBE ADDRESS TYPE OF WORK AGREED PRICE CONTRACTOR Conroe Pipe and Precase PO Box 3007 Pipe $711,492.82 Conroe,TX 77305 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: I. This schedule should be submitted with your bid. SIGNATURE TITLE CITY OF BEA IT ESTIMATE I-FIOFs PROJECT:ROLFE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT NEW CONTRACT AMOUNT: $5,917,405.51 PERCENT OF TIME USED: 97.81 CONTRACTOR: ALLCO,LTD CONTRACT DATE: April 21,2008 PERCENT OF WORK COMPLETED: 96.09 MONTHLY ESTIMATE#: - 19 (FINAL) CONTRACT CALENDAR DAYS: 547 PERIOD ENDING: OCTOBER 1-31,2009 ICALENDAR DAYS USED: 535 CHANGE ORDERS: NO.01 & NO.02 ITEM DESC DESCRIPTION UNIT EST. PREVIOUS TO DATE TOTAL ESTIMATE UNIT TOTAL NO- CODE MEASURE CITY. ESTIMATE ESTIMATE TO DATE PRICE AMOUNT 100 001 PREPARING RIGHT OF WAY STA 42.86 42.86 0.00 42.86 $2,700,00 $115,722.00 104 001 REMOV CONC(PAV) SY 2,852.62 5,304.67 0.00 5,304.67 $11 00 $58.351.37 170 OD7 EXCAVATION(RDWY) CY 20,575.50 21,069.77 0.00 21,069,17 $10.00 $210,691.65 132 001 EMBANK(FINAL)(ORD COMP)(TY B) CY 5,622.30 5,779.22 0.00 5,779.22 $5.75 $33,230.52 162 001 BLOCK SODDING SY 21,168.00 24,800.00 0.00 24,800.001 $2.50 1 $62,000.00 164 001 BROADCAST SEEDING(PERM)(RURAL)(CLAY) AC 3.00 0.00 0.00 000 $265.00 $0.00 166 001 IFERT.(16-8-8 OR 16-20-0) TON 0.60 0.00 0.00 0.00 $340.00 168 001 VEGETATIVE WATERING MG 20.40 96.63 0.00 96.63 $125.00 $12,078.75 247 001 FL BS(COMP IN PLAC)(TY A GR 2)(FINAL POS) CY 352.00 423.59 0.00 423.59 $60.00 $25,415.40 260 001 LIME STABILIZED SUBGRADE(MATERIALS ONLY) TON 421.99 333.74 0.00 333.74 $140.00 $46,723.46 260 002 LIME STABILIZED SUBGRADE(PLACEMENT 8 PROCESSING) SY 26,049.00 25,596.31 "0,0021,59&76 96.31 $345 $88.307.27 276 001 CM TRT(PT MX)(CL M)(TY D)(GR 1)(IN VEH)(6") SY 26,049.00 23,956.00 56.00 $14.00 $335,384.00 340 001 D-GR HMA(METH)(TY C)(SAC B)(PG 70-22) TON 110.00 205.23 05.23 $135.00 $27,706.05 360 001 CONC PVMT(JOINT REINF)(CLASS P CONC)(8") SY 23,077.00 21,596.76 96.76 $44.30 $956,73647 400 001 STRUCT EXCAV CY 8,501.50 8,096.38 96.38 $0.01 $80.96 400 002 CMT STABIL BKFL(1 112 SACK OF CPCY) CY 4,03772 6,110.87 10.87 $42.00 $256,656.54 402 001 TRENCH EXCAVATION PROTECTION(STORM SEWER) LF 4,348.00 5,958.00 58.00 $1.00 $5,958.00 432 001 RIPRAP(CONC)(5") CY 14.00 0.51 0.00 0.57 $460.00 $234.60 462 001 CONC BOX CULV(3 FT X 3 FT)(ASTM 6850) LF 734.00 134.00 0.00 134.00 $155.00 $20,770.00 482 002 CONC BOX CULV(4 FT X 3 FT)(ASTM C-850) LF 2,009.00 2,006.00 0.00 2,006.00 $165.00 $330,990.00 462 003 CONC BOX CULV(5 FT X 3 FT)(ASTM C-850) I-F 597.00 520.00 0.00 520.00 $210.00 $109,200.00 462 004 CONC BOX CULV(6 FT X 3 FT)(ASTM C-850) LF 360.00 437.00 0.00 437.00 $275.00 $120,175.00 462 005 1 CONC BOX CULV(7 FT X 3 FT)(ASTM C-850) LF 1,807.00 937.00 0.00 937.00 $325.00 $304,525.00 464 001 RC PIPE(CL 111)(18-) LF 1,272.00 1,336.00 0.00 1,336.00 $49.50 $66,132.00 464 002 RC PIPE(CL III)(24") LF 475.00 368.50 0.00 368.50 $55.00 $20,267.50 464 003 RC PIPE(CL(II)(30-) LF 446.00 449.00 0.00 449.00 $65.00 $29,185.00 464 004 RC PIPE(CL III)(36-) LF 1 420.00 1,391.00 0.00 1.391.00 $86.00 $119,626.00 465 001 INLET(COMP)(TY C) EA 35.00 35.00 0.00 35.00 $3,750.00 $131,250.00 465 002 GRATE INLET(COMP)(FY A) EA 8.00 11,00 0.00 11.00 $2,075.00 $22,825.00 465 003 INLET(COMP)ITY B)(3'X5') EA 18.00 1900. 0.00 19.00 $2,750.00 $52,250.00 CITY OF BEA `JT ESTIMATE PAGE 20FE PROJECT:ROLFE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT NEW CONTRACT AMOUNT: $5,917,405.51 PERCENT OF TIME USED! 97.81 CONTRACTOR: ALLCO,LTD CONTRACT DATE: April 21,2008 PERCENT OF WORK COMPLETED: 96.09 MONTHLY ESTIMATE#-:- 19 (FINAL) ICONTRACT CALENDAR DAYS: 547 1 PERIOD ENDING, OCTOBER 1-31,2009 ICALENDAR DAYS USED: 535 CHANGE ORDERS: NO.01 & NO.02 ITEM DE SC DESCRIPTION UNIT EST. PREVIOUS TO DATE TOTAL ESTIMATE UNIT TOTAL NO. CODE MEASURE QTY. ESTIMATE ESTIMATE TO DATE PRICE AMOUNT 465 004 STORM MANHOI.F.(COMP) EA 7.00 10.00 0.00 10.00 $9.500.00 $95,000.00 465 005 INLET F7(TY E) EA 32.00 28.00 0.00 28.00 $1,000.00 $28,000.00 465 006 JUNCTION BOX EA 6.00 5.00 0.00 5.n0 $12,600.00 $63.000.00 467 001 SET(TY II)(18 IN)(RCP)(6'.1)(P) EA �..0.00 12.00 0.00 72.00 $900.00 $10,800.00 500 001 MOBILIZATION LS 1.00 1.00 0.00 1.00 $521,600.00 $521,600.00 502 007 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 24.00 24.00 0.00 24.00 $2,225.00 $53,400.00 506 001 ROCK FILTER DAMS(INSTALL)(TY 2) LF W15,58o60000 0.00 0.00 0.00 $36.00 $0.00 506 002 CONSTRUCTION ENTRANCE/EXIT SY 0.00 0.00 0.00 $21.00 $0.00 506 003 TEMPORARY SEDIMENT CONTROL FENCE LF ,039.00 0.00 2,039.00 $3.50 $7,136.50 529 001 CONC CURB(MONO)(TY II) LF ,580.60 0.00 15.580.60 $6.00 $93,483.60 530 ON C)(4") SY 136.29 0.00 136.29 $3850 $524'/.17 530 002 DRIVEW (GONG)(6") SY 525.95 0.00 $5050 $77.060.48 531 001 CONC SIDEWALKS(5')(4") 865.28 0.00 [,865.28 $21.00 $60,170.88 531 002 CURB RAMP(TY I) EA 29.00 0.00 0.00 0.00 $1,750.00 $0.00 531 003 CURB RAMP(TY 2) EA 2.00 0.00 0.00 0.00 $2,120.00 $O UO 531 004 CURB RAMP(TY 7) EA 45.00 49.00 0.00 49.00 $1,650.00 $80.85000 531 005 CURB RAMP(TV 9) EA 1.00 0.00 0.00 0.00 $1,870.00 $0.00 536 001 IBRICK MEDIAN SF 3,891.00 1,82420 0.00 1,824.20 $1 00 $1,824.20 550 001 CHAIN LINK FENCE(INSTALL)(6") LF 1,180.00 0.00 0.00 0.00 $15.00 $0 00 550 002 GATER(INSTALL)(DOUBLE)(6'X 14') EA 1.00 0.00 0.00 0.00 $1,540.00 $0.00 658 1 001 REFLECT PAV MARKING TY-1 OBJ DEL(D-DY)SZ1(FLEX)SRF EA 33.00 0.00 0.00 0.00 $131.00 666 001 REFLECT PAV MARKING TY-7 4"BROKEN WHITE LF 1,677.00 0.00 0.00 0.00 666 002 IREFLECT PAV MARKING TY-1 8"SOLID WHITE(100MII.) LF 5,96100 4,814.00 0.00 4,814.00 $1.65 $7,943.10 666 003 REFLECT PAV MARKING TY-1 12"SOLID WHITE(100 MIL) LF 240.00 1,271.00 0.00 1,271.00 $4.25 $5,401.75 666 004 REFLECT PAV MARKING TY-1 12"SOLID YELLOW(100 MIL) LF 619.00 378.00 0,00 378.00 $4.25 $1,606.50 666 005 REFLECT PAV MARKING TY-1 24"SOLID WHITE(100 MIL) LF 264.00 231.00 0.00 231.00 $8.60 $1,986.60 666 006 REFLECT PAV MARKING TY-1 ARRPW WHITE(100 MIL) EA 31 00 16.00 0.00 16.00 $145.00 $2,320.00 666 007 REFLECT PAV MARKING TY-1 BIKE ARROW WHITE(100 M(L) EA 30.00 16.00 0.00 16.00 $120.00 $7,920.00 666 008 REFLECT PAV MARKING TY-1 BIKE SYMBOL WHITE(100 MIL) EA 30.00 16.00 0.00 16.00 $150.00 $2,400.00 666 009 REFLECT PAV MARKING TY-1 DOUBLE ARROW WHITE(100 MIT) EA 3.nn 200 0.00 200 $260.00 $520.00 CITY OF BED' VT ESTIMATE 1AGF.3011 M JECT&FE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT NEW CONTRACT AMOUNT: $5,917,405.51 PERCENT OF TIME USED: 97.81 TRAC ALLCO,LTD CONTRACT DATE: April 21,2008 PERCENT OF WORK COMPLETED: 96.09 MONTHLY ESTIMATE#: 19 (FINAL) CONTRACT CALENDAR DAYS: 547 PERIOD ENDING: OCTOBER 1-31,2009 ICALENDAR DAYS USED: 535 CHANGE ORDERS: NO.01 & NO.02 ITEM DESC DESCRIPTION UNIT EST. PREVIOUS TO DATE TOTAL ESTIMATE UNIT TOTAL NO. CODE MEASURE QTY. ESTIMATE ESTIMATE TO DATE PRICE AMOUNT 666 010 REFLECT PAV MARKING TY-1 WORD WHITE(100 MIL) EA 14.00 11.00 0.00 11.00 $210.00 $2,310.00 666 011 REFLECT PAV MARKINGTY-1 4"SOLID YELLOW(100 MIL) LF 1,235.00 9,795.00 0.00 9,795.00 $1.00 $9,795.00 666 012 REFLECT PAV MARKING TY-1(BIKE DIAMOND)(100 MIL) EA 30.00 16.00 0.00 16.00 $110.00 $1,7fi0.00 5049 001 BIODGRD EROSION CONTROL LOGS(8"DIA) LF 303.00 0.00 0.00 0.00 $5.50 $0.00 4640 001 18'HDPE TYPE'S" LF 1,27Z00 60.00 0.00 60.00 $38.00 $2,280.00 4640 002 24"HDPE TYPE"S" LF 475.00 84.00 0.00 84.00 $42.00 $3.528.00 4640 003 30"HDPE 1YEE"S" LF 448.00 0.00 0.00 0.00 $51.00 $0.00 4640 1 004 36'HDPE TYPE"S" LF 1,420.00 o.00 0.00 0.00 $55.00 $0.00 432 002 C.O. NO i OUTFALL STRUCTURE LS 1.00 I.00 0.00 1.00 $15,715.00 $15,715.00 UTILITIES 708 1 001 TRENCH EXCAVATION PROTECTION(SAN.SEWER) LF 700.00 700.00 0.00 700.00 $1.00 $700.00 712 001 FIBERGLASS MANHOLE(SANITARY SEWER) EA 9.00 11.00 0.00 11.00 $3,400.00 $37,400.00 808 001 FIRE HYDRANT ASSEMBLY(COMP)(TY A) EA 2.00 1.00 0.00 1.00 $3,265.00 $3,265.00 810 1 001 IWATER SERVICE(SHORT SIDE) EA 4.00 4.00 100 4,00 $625.00 $2,500.00 810 002 WATER SERVICE(LONG SIDE) EA 4.00 3.00 0.00 3.00 $1,050.00 $3.150.00 810 003 6"X 6"X 6"X 6"CROSS EA Loo 0.00 0.00 0.00 $460.00 $0.00 810 004 8"X 6"X 8"X 6"CROSS EA 1.00 0.00 0.00 o.00 $520.00 $0.00 810 005 8"X 8"X 8"X 8"CROSS EA 1.00 4.00 0.00 4.00 $550.00 $2,200.00 810 1 006 12"X 12"X 12"X 12"CROSS EA 1.00 0.00 0.00 0.00 $960.00 $0.00 810 007 6"%6"X 6"TEE EA 4.00 O.00 0.00 0.00 $357.00 810 008 6"X 8"X 6"TEE FA 1.00 0.00 0.00 0.00 $439.00 810 009 8"X 8"X 6"TEE EA 1.00 0.00 0.00 0.00 $411.00 810 010 6"90 DEG.BEND LA 2.00 8.00 0.00 8.00 $300.00 $2,400.00 810 011 8"X6"CONCENTRIC REDUCER EA 1.00 9.00 0.00 9.00 $190.00 $1,710.00 810 012 8"WATER MAINS PVC(C-900) (C.O.NO.1) LF 4,165.00 3,517.00 0.00 3,517.00 $37.00 $130,12900 810 013 12'WATER MAINS PVE(C-90n) 1_F 49.00 671.70 0.00 671.70 $44.50 $29,890.(15 CITY OF BEAT" r ESTIMATE PAGEJOFS PROJECT:ROLFE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT NEW CONTRACT AMOUNT: $5,917,405.51 PERCENT OF TIME USED: 97.81 CONTRACTOR: ALLCO,LTD ICONTRACT DATE: April 21,2008 PERCENT OF WORK COMPLETED: 96.09 MONTHLY ESTIMATE#: 19 (FINAL) ICONTRACT CALENDAR DAYS: 547 PERIOD ENDING: OCTOBER 1-31,2009 ICALENDAR DAYS USED: 535 CHANGE ORDERS: NO.01 & NO.02 ITEM DESC DESCRIPTION UNIT EST. PREVIOUS TO DATE TOTAL ESTIMATE UNIT TOTAL NO. CODE MEASURE QTY. ESTIMATE ESTIMATE TO DATE PRICE AMOUNT 811 007 6"RESILIENT WEDGE GATE VALVES FA 8.00 1.00 0.00 1.00 $1,125.00 $1,125.00 811 002 8"RESILIENT WEDGE GATE VALVES(C.O.NO.1) EA 28.00 19.00 0.00 19.00 $1,675,00 $31,825,00 811 003 12"RESILIENT WEDGE GATE VALVES EA 1.00 0.00 0.00 0.00 $2,415.00 $0.00 2534 007 SANITARY SEWER SERVICE(SHORT SIDE)(PVC SCHEDULE 40) EA 4.00 13.00 0.00 13.00 $820.00 $10,660.00 2534 002 SANITARY SEWER SERVICE(LONG SIDE)(PVE SCHEDULE 40) EA 4.00 0.00 0.00 0.00 $2,450.00 $0.00 4020 001 4020 002 4020 003 6"HDPE PIPE BURST SANITARY SEWER MAINS(C.O.NO.11 LF 1,321.00 1.191.00 0.00 1,197.00 $47.75 $49,724.25 10"HDPE PIPE BURST SANITARY SEWER MAINS LF 1,010.00 926.00 0.00 925.00 $50.00 $46,300.00 15"HDPE PIPE BURST SANITARY SEWER MAINS LF 2.271.00 2,598.00 0.00 2,598.00 $90.00 $233,820.00 CHANGE ORDER NO,1 712 002 NEW FIBERGLASS MANHOLE(SANITARY SEWER) EA 2.00 2.00 0.00 2.00 $3,000.00 $6,000.00 808 002 FIRE HYDRANT ASSEMBLY(REMOVE&REPLACE) EA 5.00 6.00 0.00 6.00 $4,400.00 $26,400.00 810 009 2"WATER LINES(HDPE) LF 57.00 15.00 0.00 15.00 $12.60 $189.00 810 014 6"ATERMAINS PVC(&900) LF 35.00 165.00 0.00 165.00 $30.80 $5,082.00 810 015 8'X 45 DEG.MJ BEND EA 22.00 36.00 0.00 36.00 $315.00 $11,340.00 810 016 12"X 45 DEG.MJ BEND EA 2.00 8.00 0.00 8.00 $520.00 $4,760.00 810 017 8"X 90 DEG.MJ BEND EA 1.00 1.00 0.00 1.00 $325.00 $325.00 810 018 8"X 8"MJ TEE EA 5.00 3.00 0.00 3.00 $450.00 $1,350.00 810 019 12"X 8"MJ TEE EA 1.00 1.00 0.00 1,00 $785.00 8785.00 4020 007 10"SEWER MAINS(HDPE) LF 10.00 D.00 0.00 0.00 $46.00 $0.00 4020 010 12"SAN SEWER,SDR 26(8 FT DEEP)(FLORIDA) LF 108.00 113.00 0,00 113.00 $55.56 $6,278.28 4020 017 6"X45 DEG.BEND(SAN.SEWER) EA 2.00 2.00 0.00 200 $35.00 $70.00 CHANGE ORDER NO.2 104 400 REMOVE CONCRETE PAVEMENT SY 243.00 279.44 0.00 279.44 $38.14 $10,657.84 110 300 1 EXCAVATION(RDWY) CV 800.00 930.28 0.00 930.28 $42.69 $39,713.65 132 900 EMBANKMENT(FINAL)(ORD COMP)(TY B) CY 400.00 87.49 0.00 87.49 $20.62 $1,804.04 162 110 BLOCK SODDING SY 3,000.00 2,750.00 0.00 21750.00 $3.60 $9,900.00 276 500 CEM TRTD BASE COURSE(PT MX)(CL M)(GR 1)(IN VEH)(8") SY 729,00 1,528.00 0.00 1,528.00 $47.15 $72,045.20 360 200 SAW CUT FULL DEPTH CONC.PVMT(8") LF 2,188.00 2,316.00 0.00 2,316.00 $9.60 $22,233.60 360 600 CONCRETE PAVEMENT(JT REINF)(CL P)(8") .SY 972.00 1,543.96 O.OL` 1,543.96 $5208 $142,167.84 CITY C 1UMONT ESTIMATE ah6E5�F', PROJECT:KOLFE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT INEW CONTRACT AMOUNT: ..,917,405.51 PERCENT OF TIME USED: 97.81 CONTRACTOR: ALLCO,LTD CONTRACT DATE: April 21,2008 PERCENT OF WORK COMPLETED: 96.09% MONTHLY ESTIMATE#: 19 (FINAL) CONTRACT CALENDAR DAYS: 547 PERIOD ENDING: OCTOBER 1-31,2009 ICALENDAR DAYS USED: 535 CHANGE ORDERS: NO.01 & NO.02 ITEM DESC DESCRIPTION UNIT EST. PREVIOUS TO DATE TOTAL ESTIMATE UNIT TOTAL NO. CODE MEASURE QTY. ESTIMATE ESTIMATE TO DATE PRICE AMOUNT 529 800 CONCRETE CORE(MONO)(TY 2) LF 2,000.00 2,019.00 O.00 2019.00 $5.58 $11,26602 666 100 STRIPING LS 1.00 100 0.00 100 $7,800.00 $7,800.00 GRAND TOTAL AMOUNT OF WORK DONE: $5,685,897.68 PREPARED BY /v LESS 5%RETAINAGE: $0.00 RAFAEL MIRANDA,CIVIL NGI EER III APPROVED BY SUB TOTAL: $5,685,897.68 JORIS P.COLBERT,P.E. CITY ENGINEER LESS PREVIOUS PAY ESTIMATE: $5,401,602.80 AMOUNT DUE THIS ESTIMATE: $284,294.88 THOMAS A. WARNER,P.E. DIRECTOR OF PUBLIC WORKS II CITY OF BEAUMONT DATE: OCTOBER 2,2009 PROJECT: ROLFE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT" OWNER: CITY OF BEAUMONT CONTRACTOR: ALLCO,LTD CHANGE ORDER NO.: 3 (FINAL) THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjust the Estimated Quantities to reflect the Actual Quantities used in completing the project ORIGINAL CONTRACT AMOUNT $5,495,820.65 NET FROM PREVIOUS CHANGE ORDERS: $5,917,405.51 TAL AMOUNT OF THIS CHANGE ORDER: ($231,507.83) PERCENT OF THIS CHANGE ORDER. (3.91%) TOTAL PERCENT CHANGE TO DATE: —-- 3.76 NEW CONTRACT AMOUNT: $5,685,897.68 CONTRACT TIMES IS NOT AFFECTED BY THIS CHANGE ORDER ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,P E. CITY ENGINEER THOMAS A.WARNER,P.E. DIRECTOR OF PUBLIC WORKS KYLE HAYES,RTY MANAGER ATTESTED BY: TINA BOUSSARD,CITY CLERK 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 was 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; and, WHEREAS, Change Order No. 3 in the amount of($231,507.83) is required to adjust estimated construction quantities to match quantities actually used during the performance of the project, thereby decreasing the contract amount to $5,685,897.68; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 3 in the amount of ($231,507.83), thereby decreasing the contract amount to $5,685,897.68 for the Rolfe Christopher Pavement Improvement Project (Spur 380-East Virginia Street, to Hwy 69 S Feeder Road). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make final payment in the amount of $284,294.88 to ALLCO, Inc., 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 27th day of October, 2009. - Mayor Becky Ames -